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2013/05/15 - Agenda Packet
Clt a- ' XANCH' 0 &UCAM0NGA 10500 Civic Center Drive 4 Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 AGENDAS FIRE PROTECTION DISTRICT BOARD PUBLIC FINANCING AUTHORITY CITY COUNCIL REGULAR MEETINGS 1st and V Wednesdays O 7:00 P.M. MAY 159 2013 ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room................. 5:00 P.M. Call to Order Public Communications Conduct of Closed Session City Manager Announcements REGULAR MEETINGS Council Chambers.......................... 7:00 P.M. MEMBERS MAYOR L. Dennis Michael MAYOR PRO TEM Sam Spagnolo COUNCIL MEMBERS William Alexander Marc Steinorth Diane Williams CITY MANAGER John R. Gillison CITY ATTORNEY James L. Markman CITY CLERK Janice C. Reynolds r , INFORMATION FOR THE PUBLIC TO ADDRESS THE FIRE BOARD, AUTHORITY BOARD AND CITY COUNCIL The Fire Board,Authority Board and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position,you may simply indicate that you agree with a previous speaker. If appropriate,a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board,Authority Board or City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. If as part of your presentation, you would like to display audio or visual material,please see the City Clerk before the meeting commences. Any handouts for the Fire Board, Authority Board or City Council should be given to the City Clerk for distribution. During"Public Communications,"your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period,all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items)will be accepted once the business portion of the agenda commences. Any remaining "Public Communications" which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less,as deemed necessary by the Chair,depending upon the number of individuals desiring to speak. If you are present to speak on an "Advertised Public Hearing" Item or on an "Administrative Hearing Item(s)," your name will be called when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS- Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter,the City's Public Library(-ies)and on the Citys website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST-Fire Board,Authority Board and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on- demand"from their computers. The added feature of"Streaming Video On Demand"is available on the Citys website at www.cityofrc.us/cityhatt/council/videos.asp for those with Hi-bandwidth(DSUCable Modem)or Low-bandwidth (Dial-up) Internet service. The Fire Board, Authority Board and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire District Board and the Public Financing Authority Board. Copies of the agendas and minutes can be found @ www.citvofrc.us ® If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. w, FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 1 CITY COUNCIL AGENDA MAY 15, 2013 A. 5:00 P.M. - CLOSED SESSION CALL TO ORDER - TAPIA CONFERENCE ROOM Al. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Steinorth and Williams CLOSED SESSION CALLED TO ORDER AS THE CITY COUNCIL AND SUCCESSOR AGENCY. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) D. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM D1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(B) — CITY, SUCCESSOR AGENCY E. CITY MANAGER ANNOUNCEMENTS F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 2 CITY COUNCIL AGENDA MAY 15, 2013 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AUTHORITY BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Steinorth and Williams H. ANNOUNCEMENTS/PRESENTATIONS H1. Proclamation declaring May, 2013 as Building and Safety Month. H2. Healthy RC Dining Presentation. Recognizing Boston's the Gourmet Pizza. H3. Proclamation for National Emergency Medical Services (EMS) Week May 19-25, 2013 H4. Presentation Recognizing the City for Receiving the Urban Land Institute's Best of the Best Award. H5. Presentation of the Rancho Cucamonga Chamber of Commerce Business Liaison of the Year to Francie Palmer, Community Services Department Marketing Manager. H6. Animal Center Information. I. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Public Financing Authority Board and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Financing Authority Board and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Financing Authority Board and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 3 CITY COUNCIL AGENDA MAY 159 2013 The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Authority Board/Councif at one time without discussion. Any item may be removed by a Fire Board/Authority Board/Council Member for discussion. J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Approval of Minutes: May 1, 2013 (Regular Meeting) J2. Approval of Check Register dated April 24, 2013 through May 7, 2013 for the total amount of$70,582.70. J3. Approval to receive and file current Investment Schedule as of April 30, 2013. 5 K. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: May 1, 2013 (Regular Meeting) L. CONSENT CALENDAR - CITY COUNCIL Lt. Approval of Minutes: May 1, 2013 (Regular Meeting) 1-2. Approval of Check Register dated April 24, 2013 through May 7, 2013 and payroll ending 9 May 7, 2013 for the total of$3,220,038.30. 1-3. Approval to receive and file current Investment Schedule as of April 30, 2013. 50 1-4. Approval to renew Professional Services Agreement (CO#12-049) with Applied Planning, 60 Inc. for 2013-2014 as stipulated in the contract to provide an Environmental Impact Report for the proposed Walmart Super Store Project located at the northeast corner of Foothill Boulevard and Mayten Avenue (DRC2012-00049). 1-5. Authorization to advertise the "Notice Inviting Bids"for the Central Park Carpeting Project. 77 FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND q CITY COUNCIL AGENDA MAY 159 2013 RESOLUTION NO. 13-058 78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CENTRAL PARK RECARPETING PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L6. Accept the Etiwanda Creek Park Sports Lighting Replacement Project, Contract No. 13-013 82 as complete; release the bonds; approve a Resolution authorizing the Public Works Services Director to file a Notice of Completion, release the retention 35 days after acceptance and approve the final contract amount of$103,373.07. 84 RESOLUTION NO. 13-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ETIWANDA CREEK PARK SPORTS LIGHTING REPLACEMENT PROJECT CONTRACT, NO. 13-013 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. L7. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of 86 Etiwanda Avenue sidewalks, curb and gutter, ramps and flashing beacons, adjacent to Grapeland Elementary School and Etiwanda Intermediate School, to be funded from Safe Routes to School Grant, Gas Tax and Citywide Infrastructure Funds. RESOLUTION NO. 13-060 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ETIWANDA AVENUE SIDEWALKS, CURB AND GUTTER, RAMPS AND FLASHING BEACONS", ADJACENT TO GRAPELAND ELEMENTARY SCHOOL AND ETIWANDA INTERMEDIATE SCHOOL, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L8. Accept the bids received and award and authorize the execution of the contract in the 92 amount of $268,000.00, to the lowest responsive bidder, All American Asphalt, and authorize the expenditure of a 10% contingency in the amount of $26,800.00, for the Banyan Street Sidewalk and Pavement Rehabilitation from Etiwanda Avenue to 850 feet west of East Avenue project to be funded from Gas Tax FIT 7360 Funds and Proposition 42 Funds, Account Numbers 1174303-5650/1737174-0 and 1190303-5650/1737190-0, respectively. L9. Approval of the Multi-Use Trail Common Use Agreement—Amendment No. 2, for the City's 96 use of the Countys Cucamonga Creek Channel's right-of-way, and authorizing the Mayor to sign said agreement. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 5 CITY COUNCIL AGENDA MAY 159 2013 L10. Approval of Improvement Agreement Extension for Tract 17651 and 18708, located on the 105 south side of Banyan Street, east of East Avenue,submitted by K. Hovanian at Andalusia, LLC. RESOLUTION NO. 13-061 106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 17651 AND 18708 L11. Accept improvements and file a Notice of Completion for improvements (Traffic Signal) for 107 Tract 17651 and 18708, located on the south side of Banyan Street, east of East Avenue, submitted by K. Hovanian at Andalusia, LLC. RESOLUTION NO. 13-062 108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS (TRAFFIC SIGNAL) FOR TRACT 17651 AND 18708 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 109 L12. Receive Quarterly Budget Update Report. L13. Update on the Chinatown House (historically designated property) located at 9591 San 113 Bernardino Road. M. CITY MANAGER'S STAFF REPORT The following item has no legal publication or posting requirements. M1. Recognizing the Rancho Cucamonga Library for winning the 2013 National Medal for - - - Museum and Library Service. (Oral Report) N. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. N1. INTER-AGENCY UPDATES (Update by the City Council to the community on the - - - meetings that were attended.) N2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND g L4 CITY COUNCIL AGENDA MAY 159 2013 O. IDENTIFICATION OF ITEMS FOR NEXT MEETING P. ADJOURNMENT I, Debra L. McNay, Assistant City Clerk/Records Manager, of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on May 9, 2013, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. May 1, 2013 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY CLOSED SESSION AND REGULAR MEETINGS MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council and Fire Protection District held a closed session on Wednesday, May 1, 2013 in the Tapia Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor/President L. Dennis Michael. Present were Council Members/Board Members: Bill Alexander, Diane Williams, Marc Steinorth, Vice President/Mayor Pro Tem Sam Spagnolo and President/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; City Attorney James Markman, Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services and Jeff Bloom, Deputy City Manager/Economic and Community Development. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) The following closed session items were considered: D1. CONSIDERATION OF WITH LEGAL COUNSEL — ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) —CITY D2. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13349 BASELINE AVENUE, 13451 BASELINE AVENUE, AND 13479 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100-771-02, -03, AND -09; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, PACIFIC/COSTANZO/ LEWIS- FONTANA, A CALIFORNIA GENERAL PARTNERSHIP AND PACIFIC DEVELOPMENT GROUP AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D3. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13539 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100-771- 01; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, TESORO SIERRA PROPERTIES, LLC, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D4. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7391 EAST AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS APN 1100-771-08; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, RICHARD P. CHADO, DARLENE L. CHADO AND ANTHONY C. CHADO, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT—CITY * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—May 1, 2013 - Page 1 of 15 D5. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7175 GREEN GLEN COURT IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-012-01; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNER, JAMES M. TAMAYO SR., AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D6. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7211 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-693-51; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, GAMERO FAMILY TRUST, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D7. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7221 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-693-52; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNER, DINAH PIERSON, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D8. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13079 FALLING OAK DRIVE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-693-55; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, VICTOR CAMPOS AND ROSENDA PEREZ, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D9. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 13089 FALLING OAK DRIVE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-693-54; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, GERALD LOPEZ AND DANNELLE R. CARPIO, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY D10. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7201 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-693-50; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNERS, SATINJERIT S. BHATTI AND SIMRIT BHATTI, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT - CITY * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— May 1, 2013 - Page 2 of 15 D11. CONFERENCE WITH PROPERTY NEGOTIATORS FOR THE CITY PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 7231 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS APN 0227-693-53; NEGOTIATING PARTIES: KIRSTEN R. BOWMAN, ATTORNEY AT LAW, AND JASON WELDAY, TRAFFIC ENGINEER, CITY OF RANCHO CUCAMONGA; AND PROPERTY OWNER, CARLOS A. LANDING, AND THEIR DESIGNATED REPRESENTATIVES REGARDING REAL PROPERTY INTERESTS TO BE ACQUIRED AS PART OF THE INTERSTATE 15 AND BASE LINE ROAD INTERCHANGE PROJECT — C/Ty C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No persons were present wishing to speak. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. R RECESS The closed session recessed at 6:30 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meetings of the Rancho Cucamonga Fire Protection District, Successor Agency, Financing Authority and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. PresidenUChairman/Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Board Members/Board Members/Council Members: Bill Alexander, Marc Steinorth, Diane Williams, Vice President/Vice Chairman/Mayor Pro Tern Sam Spagnolo and President/Chairman/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James Markman, City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Assistant City Manager/Administrative Services; Jeff Bloom, Assistant City Manager/Economic & Community Development; Trang Huynh, Building & Safety Services Director; Bill Wittkopf, Public Works Services Director; Nettie Neilson, Community Services Director; Robert Karatsu, Library Services Director; Mike Newcombe, Police Chief; Veronica Fincher, Animal Care and Services Director; Candyce Burnett, Planning Director; Fire Chief Mike Bell; Jim Frost, City Treasurer; Debra McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Proclamation declaring May, 2013 as Lupus Awareness Month. Mayor Michael presented a proclamation to Kimberly Dansby of the Purple Rose Foundation declaring May, 2013 as Lupis Awareness Month. H2. Proclamation declaring May, 2013 as Water Awareness Month. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— May 1, 2013 - Page 3 of 15 Mayor Michael presented a proclamation to President Oscar Gonzalez and Director Kathleen Tiegs of the Cucamonga Valley Water District declaring May, 2013 as Water Awareness Month. H3. Presentation to the Hearts for Animal Club at Rancho Cucamonga High School for their support of the Animal Care and Services Center. Mayor Michael presented certificates of appreciation to the Hearts for Animals Club and thanked them for their support. Item H6 was heard at this time, but is listed in the minutes in the order it was shown on the agenda. H4. Presentation recognizing City of Rancho Cucamonga's Complete Streets Policy. Erika Lewis-Huntley, Management Analyst 11, presented information regarding the City's Complete Streets Policy. H5. Local History Night—May 10, 2013. Fire Chief Mike Bell, Library Director Robert Karatsu and Planning Director Candyce Burnett invited the City Council and the audience to Local History Night, May 10, 2013. H6. Proclamation declaring May "National Physical Fitness and Sports Month" Community Activities. Mayor Michael presented a proclamation to Celeste Medrano, Community Services Supervisor, declaring May as National Physical Fitness Month. County Supervisor Janice Rutherford also made a presentation and a PowerPoint presentation was made. I. PUBLIC COMMUNICATIONS 11. Jerie Lee invited the City Council and the audience to the Black and White Gala, which will be held on May 4, 2013 at Central Park. 12. Jim Heitman, representing the Rancho Cucamonga Chamber of Commerce, announced various grand openings and other networking events. He noted that the 171" Annual Spring Swing will be this Friday, May 3, 2013 at Empire Lakes. 13. Dr. William Martin II spoke about the National Day of Prayer, which will be held on May 2, 2013 at the Bank of America courtyard at the Cultural Center. 14. Eugene Moy spoke about the recent Planning Commission decision to delay the demolition process for the China House until a full Environmental Impact Report is prepared. Mr. Moy was advised by the Cucamonga Valley Water District that they could not follow this decision due to the previous action of the Building Official. Mr. Moy requested that direction be given to the Building Official. 15. Kevin King spoke about the dismissal of the volunteers at the Animal Care and Services Center. He noted that an inexperienced Director was employed to implement a no kill policy and asked that the Directors be judged on the results that they deliver. 16. Jesse Kreider noted that he was told that he would never have to euthanize an animal even though it was in his job description. He noted that he was forced to euthanize dogs by the current Animal Services Director. Most residents do not know that the Animal Care and Services Center euthanizes animals. !7. Allison Kreider indicated that there was a huge reduction in the animal population at the Center and wondered how statements could be made that the Center is thriving. She noted that some dogs go weeks without being walked,there is no Yappy Hour and fewer videos. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—May 1, 2013 - Page 4 of 15 18. Dana Keithly spoke about the successful Best Friends program. There was an article in the Daily Bulletin today regarding the Animal Care and Services Center where the Director indicated that all options are exhausted before an animal is euthanized.This is not the case. 19. Susan Keithly discussed how the live release rate was determined. The live release rate of 84% is different than the adoption rate as non adoptable animals are not included in the calculations. She noted that the volunteers and Mr. Krieder were dismissed as they spoke out. 110. Josh Liddy wondered why the efforts of the dismissed volunteers aren't appreciated. Someone needs to address the retaliation allegations and why the volunteers were fired. 111. Ed Dietl hoped that the City Council would address the statements regarding the Animal Care and Services Center. He referred to the Planning Commission's decision regarding the China House and hoped that the demolition order would be rescinded. 112. Jennifer Corso displayed several walk charts to the City Council. She noted that many of the dogs are not being walked as often as they used to be. Now, new volunteers need to have a background check. Mrs. Corso noted that the City is paying for background checks that aren't necessary and are prolonging the pre-approval process. 113. Jim Frost noted that the Run for the Wall is two weeks away and thanked the City Council for their support. 114. Luana Hernandez spoke about the recent action of the Planning Commission. She reported that the Cucamonga Valley Water District has not received any correspondence from the City. She urged the City Council to send a letter to the CVWD supporting the need for a study. 115. Matt Rogers invited the City Council and the audience to a Brew for the Cure event, to be held on May 11, 2013 at the Rancho Cucamonga Brewing Company. The proceeds will benefit Cystic Fibrosis. 116. David Dykstra was concerned that the City did not learn from Mr. Nathan Winograd's report on the implementation of a"No Kill"facility. 117.John Lyons expressed his condolences to the families of the firefighters who lost their lives in Texas. He expressed a concern with the 1-15 freeway, noting that Caltrans has blocked off the right tow lanes and is forcing traffic immediately into Lane 3. Also, there are potholes on the freeway. Mr. Lyons noted that background checks are done when a person volunteers at church or at a school and indicated that he has had a good experience at the Animal Care and Services Center. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. City Attorney Jim Markman noted that the City had received an appeal of a decision by the Building Official. This matter came to the City's attention after the agenda was prepared and there is a need to consider farming the Building Board of Appeals as soon as possible in order to meet the legal deadlines. MOTION: Moved by Alexander, seconded by Williams, to add Item P3 (Building Board of Appeals and the Membership appointment)to the agenda. Motion carried 5-0 * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—May 1, 2013- Page 5 of 15 J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Approval of Minutes: April 17, 2013 (Special Meeting) April 17, 2013 (Regular Meeting) J2. Approval of Check Register dated April 10, 2013 through April 23, 2013 for the total amount of$691,812.03. J3. Fire Agencies Insurance Risk Authority (FAIRA) Board of Directors election. J4. Release of Faithful Performance Bond held in lieu of a Maintenance Guarantee Bond, in the amount of $2,871,000.46, for the Hellman Fire Station (177) construction project, Contract No. FD10-006. J5. Approval of amended Fiscal Year 2012/13 Appropriations. MOTION: Moved by Spagnolo, seconded by Steinorth, to approve the staff recommendations in the staff reports. Motion carried 5-0. K. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: April 17, 2013 (Regular Meeting) MOTION: Moved by Williams, seconded by Spagnolo, to approve the minutes of the meeting. Motion carried 5-0. L. CONSENT CALENDAR - CITY COUNCIL L1. Approval of Minutes: April 17, 2013 (Regular Meeting) L2. Approval of Check Register dated April 10, 2013 through April 23, 2013 and payroll ending April 23, 2013 for the total amount of$3,777,155.07. L3. Authorization to advertise the "Notice Inviting Bids'for the Central Park Pavilion Project. RESOLUTION NO. 13-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "FREEDOM COURTYARD PROJECT' IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L4. Release of Faithful Performance Bond held in lieu of a Maintenance Guarantee Bond, in the amount of $36,826.00, for the Victoria Gardens Cultural Center Celebration Hall Flooring Project, Contract No. 11-074. L5. Authorization to purchase upgraded computer forensics analysis workstation for the Police Department from Forensic Computers, Inc. in the amount of $37,766.52 as a sole source vendor and authorization to appropriate $37,766.52 State Asset Seizure Funds into Account Number 1195701-5605 (Capital Outlay-Computer Equipment). * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting — May 1, 2013 - Page 6 of 15 L6. Approval to accept grant revenue in the amount of $45,000 awarded by the California Emergency Management Agency (FY 2010 Homeland Security Grant-Amended), and administered by the San Bernardino County Fire Department, Office of Emergency Services to the Rancho Cucamonga Fire Protection District into Account Number 1380000-4740 (Grant Income); and authorization to appropriate $45,000 into Account Number 1380501-5207 for the purchase of a Regional (West End JPA) Amateur Radio Redundant Digital Data Emergency Communications Project. L7. Accept the bids received and award the base bid and authorize the execution of the contract in the amount of $477,756.00, to the lowest responsive bidder, Laird Construction Company, Inc., and authorize the expenditure of a 10% contingency in the amount of $47,775.60, for the Fiscal Year 2012/2013 Local Street Pavement Rehabilitation — Overlay of Various Streets project to be funded from Gas Tax RT7360 Funds, Account Number 1174303-5650/1022174-0 and appropriate an additional amount of $192,000.00 to Account Number 1174303-5650/1022174-0 from Gas Tax RT7360 Fund balance. L8. Accept the bids received and award and authorize the execution of the contract in the amount of $327,858.75, to the lowest responsive bidder, All American Asphalt, and authorize the expenditure of a 10% contingency in the amount of $32,785.88, for the Fiscal Year 2012/2013 Local Street Pavement Rehabilitation — Slurry Seal of Various Streets project to be funded from Gas Tax RT7360 Funds and Proposition 42 Funds, Account Numbers 1 1 74303-5650/1 02 21 74-0 and 1190303-5650/1022190-0 respectively and appropriate an additional amount of $209,900.00 to Account Number 1190303- 56 50/1 0221 90-0 from Proposition 42 Fund balance. L9. Approval of agreement for landscape maintenance within State highway right-of-way on Route 1-15 within the City of Rancho Cucamonga with the California Department of Transportation (CalTrans) for maintenance of landscape improvements related to the Interstate 15 at Base Line Road Interchange Improvement project. L10. Approve and authorize the execution of a Professional Services Agreement in the amount of $100,000.00 to Richard Heath and Associates, Inc. for Energy Conservation Audits and to implement a customer direct installation program for Rancho Cucamonga Municipal Utility customers to be funded from Account Number 17063035300 Utility Public Benefit Fund. L11. Release of Maintenance Guarantee Bond for Tract 16227-1, located on the north side of Day Creek Boulevard, west of Etiwanda Avenue, submitted by Meritage Homes of California, Inc. L12. Approval of Utility Agreement Number 22727 with Southern California Edison for relocation of utilities related to the Interstate 15 at Base Line Road Interchange Improvement Project. L13. Authorization to increase the annual expenditure for the procurement of batteries from Interstate Battery of Alta Loma, California. L14. Approval to authorize the advertising of the "Notice Inviting Bids" for the Deer Creek Channel Bike Trail Improvements from Base Line Road to Highland Avenue to be funded from Safe Routes to School and Beautification Funds. RESOLUTION NO. 13-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "DEER CREEK CHANNEL BIKE TRAIL IMPROVEMENTS FROM BASE LINE ROAD TO HIGHLAND AVENUE" PROJECT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—May 1, 2013- Page 7 of 15 L15. Approval of amended Fiscal Year 2012/13 Appropriations. L16. Approval to receive and file Animal Center statistics for February and March 2013 — Removed for discussion. L17. Approval of an agreement between the City of Rancho Cucamonga and the San Bernardino County Flood Control District regarding the payment of the pass through agreement fund balance and a reimbursement for the East Avenue storm drain. L18. Approval of a Resolution committing the City to a minimum 25% local match of total construction costs for a Transportation Development Act Article 3 grant to fund the Pacific Electric Trail Connection Project. RESOLUTION NO. 13-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COMMITTING THE CITY TO A MINIMUM 25% LOCAL MATCH OF TOTAL CONSTRUCTION COSTS FOR THE PACIFIC ELECTRIC TRAIL CONNECTION PROJECT Mayor Pro Tern Spagnolo requested that Item L16 be removed for discussion. MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the remaining staff reports. Motion carried 5-0. L16. Approval to receive and file Animal Center statistics for February and March 2013 In response to Mayor Pro Tern Spagnolo, City Manager Gillison spoke about the variations in the intake numbers during any given year. He indicated that the Center is less crowded in the spring and typically becomes more crowded in the fall. There are a lot of programs going on right now, and Mr. Gillison noted that adoptions are picking up. He indicated to Council Member Steinorth that statistics could be provided for 2011 and 2012. Mayor Michael noted that some animals are not adoptable for a variety of reasons. It is a very difficult decision to euthanize an animal and staff does not make these decisions lightly. Council Member Alexander noted that the City spent a lot of money on Mr. Winograd's report, noted that a No Kill Center was a goal then and is a goal now. MOTION: Moved by Spagnolo, seconded by Williams, to receive and file the report. Motion carried 5-0. M. ADVERTISED PUBLIC HEARINGS IF FIRE PROTECTION DISTRICT The following items have been advertised and/or posted as public hearings as required by law. The President will open the meeting to receive public testimony. M1. Adoption of a Resolution making determinations regarding the proposed annexation of territory (Water Mill Homes, Owner—APN 1089-081-16,17,20&21 - Annexation No. 11-2) located on the southwest comer of Etiwanda Avenue and Victoria Street to an existing Community Facilities District, calling a special election and authorizing submittal of levy of special taxes to the qualified electors. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—May 1, 2013- Page 8 of 15 RESOLUTION NO. FD 13-019 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 11-2) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY Fire Chief Mike Bell presented the staff report. President Michael opened the public hearing. With no one wishing to speak, President Michael closed the public hearing. MOTION: Moved by Steinorth, seconded by Williams, to adopt Resolution No. FD 13-019. Motion carried 5-0. M2. Adoption of a Resolution making determinations regarding the proposed annexation of territory (Robert & Heather Radford, Owners — APN 0227-732-01 - Annexation No. 13-1) located on the east side of East Avenue and south of the 1-210 Freeway to an existing Community Facilities District, calling a special election and authorizing submittal of levy of special taxes to the qualified electors. RESOLUTION NO. FD 13-020 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 13-1) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY Fire Chief Mike Bell presented the staff report. President Michael opened the public hearing. With no one wishing to speak, President Michael closed the public hearing. MOTION: Moved by Alexander, seconded by Steinorth, to adopt Resolution No. FD 13-020. Motion carried 5-0. N. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. N1. Consideration of a Resolution to decrease City-owned streetlight electric rates within the Rancho Cucamonga Municipal Utility service area, pursuant to the requirements and authority of Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— May 1, 2013 - Page 9 of 15 RESOLUTION NO. 13-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO DECREASE STREETLIGHT ELECTRIC RATES, PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE. Fred Lynn, Utility Division Manager, presented the staff report. Mayor Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed the public hearing. MOTION: Moved by Williams, seconded by Steinorth, to adopt Resolution No. FD 13-020. Motion carried 5-0. N2. CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN—DRC2013-00297—CITY OF RANCHO CUCAMONGA—A review of the Federally required 2013-2014 Annual Action Plan, which includes the selection of CDBG- funded activities, based on an estimated grant allocation of$762,605. Tom Grahn,Associate Planner, presented the staff report. In response to Mayor Michael, Mr. Grahn confirmed that the application contained the action plan. Mayor Michael opened the public hearing. Jean Leary, representing the House of Ruth, spoke about the activities that were offered to the community as a result of CDBG funding. Mayor Michael closed the public hearing. MOTION: Moved by Williams, seconded by Spagnolo, to approve the recommendations in the staff report. Motion carried 5-0. N3. Consideration of adoption of Resolutions of Necessity for the acquisition by eminent domain of portions of certain real property interests for public purposes in connection with the Interstate 15 and Base Line Road Interchange Project in the Cities of Rancho Cucamonga and Fontana. RESOLUTION NO. 13-046 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 13079 FALLING OAK DRIVE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0227-693-55, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—May 1, 2013- Page 10 of 15 RESOLUTION NO. 13-047 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 13539 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 1100-771-01, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. RESOLUTION NO. 13-048 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 7211 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0227-693-51, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. RESOLUTION NO. 13-049 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 7231 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0227-693-53, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. RESOLUTION NO. 13-050 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 7201 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0227-693-50, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—May 1, 2013 - Page 11 of 15 RESOLUTION NO. 13-051 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 13449 BASELINE AVENUE, 13451 BASELINE AVENUE, AND 13479 BASELINE AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 1100-771-02,-03, AND -09, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. RESOLUTION NO. 13-052 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 7391 EAST AVENUE IN THE CITY OF FONTANA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 1100-771- 08, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. RESOLUTION NO. 13-053 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 7175 GREEN GLEN COURT IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0227-012-01, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. RESOLUTION NO. 13-054 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 7221 ACORN PLACE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0227-693-52, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— May 1, 2013 - Page 12 of 15 RESOLUTION NO. 13-055 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION PORTIONS OF THE REAL PROPERTY LOCATED AT 13069 FALLING OAK DRIVE IN THE CITY OF RANCHO CUCAMONGA AND IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0227-693-54, FOR PUBLIC PURPOSES, NAMELY FOR THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA. Jason Welday, Traffic Engineer, presented the staff report. In response to Mayor Michael, Mr. Welday spoke about the width of the street along East Avenue. Abutter's rights were also discussed. Mayor Michael opened the public hearing. With no one wishing to speak, Mayor Michael closed the public hearing. MOTION: Moved by Alexander, seconded by Spagnolo, to adopt Resolution Nos. 13-046 through 13-055. Motion carried 5-0. O. ADMINISTRATIVE HEARING ITEM CITY COUNCIL Speaker cards may be submitted for all those who wish to speak on the following topic(s). The following items have no legal publication or posting requirements. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals wishing to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council, not to members of the audience. 01. Approval of a Resolution establishing a Lactation Accommodation Policy and Program. RESOLUTION NO. 13-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A LACTATION ACCOMODATION POLICY AND PROGRAM Mike Palmer, Management Aide, presented the staff report. Mayor Michael opened the administrative hearing. Dora Barilla, Director of Community Health Development at Loma Linda University Medical Center, congratulated the City Council on this program and the Healthy Communities Initiatives. She spoke in support of this program. Leslie Bramson, Assistant Professor at the Loma Linda University School of Public Health, spoke in support of this policy and program. Council Member Alexander noted that he supports the breastfeeding policy and program. However, he expressed a concern with the use of taxpayer dollars to pay for unnecessary expenses when the City could have developed the policy and program on its own. In response, Mr. Palmer indicated that the Healthy RC program has been charged with addressing the health and wellness needs of the City. Discussion was held. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting—May 1, 2013- Page 13 of 15 Uloma Ajuonu also spoke in support of the policy and the program as it promotes infant health and reduces obesity. John Lyons indicated that there are no facilities in the Courthouse. He noted that only the government can afford this program and indicated his support. MOTION: Moved by Williams, seconded by Spagnolo, to adopt Resolution No. 13-057. Motion carried 4-1, with Council Member Alexander voting no. P. CITY MANAGER'S STAFF REPORT The following item has no legal publication or posting requirements. P1. Healthy RC and Community Champions Resident Leadership Program Presentation (Oral Report) Ruben Brambila, Healthy RC Project Manager, presented an update on the Healthy RC and Community Champions Resident Leadership program. Various Community Champions also addressed the City Council. P2. Video Presentation of the Community Services Department's Annual Report. Danielle Workman, Community Services Marketing Intern presented the Community Services Department's annual report. P3. Building Board of Appeals and the Membership appointment (Added by Urgency) City Attorney Jim Markman presented the staff report. MOTION: Moved by Williams, seconded by Alexander, to appoint Peter Pitassi, Tom Campbell, Dan Guerra, Serge Bonaldo and Wendell Iwatsuru to the Building Board of Appeals. Motion carried 5-0. Q. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. Q1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Steinorth indicated that the City Council visited the Rancho Remembers event at Rancho Cucamonga High School and stated that he really enjoyed the program. Mayor Pro Tern Spagnolo reported on an Omnitrans meeting that was held today, and indicated that the Board discussed its management plan, and the growing use of alternate fuels. Mayor Michael reported that he attended a San Bernardino Associated Governments meeting today where they discussed the Cradle to Career Initiative, and their proposed budget. The Mayor stated that he had attended Legislative Action Days in Sacramento with Mayor Pro Tern Spagnolo and staff last week. They met with each one of their representatives and discussed prison realignment and the regionalization of the Ontario airport. Regarding the China House, Council Member Alexander encouraged staff to follow the direction of the Planning Commission. In response, City Manager Gillison noted that CVWD had representatives at the Planning Commission meeting and indicated that a letter is being prepared. A report will be prepared for the next City Council meeting. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting — May 1, 2013 - Page 14 of 15 R. IDENTIFICATION OF ITEMS FOR NEXT MEETING -11 A report on the action of the Planning Commission regarding the China House will be prepared for the next meeting. S. ADJOURNMENT Mayor Michael adjourned the meeting at 11:00 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * DRAFT * Fire Protection District, Financing Authority, City Council Minutes Regular Meeting— May 1, 2013 - Page 15 of 15 Proclamation WHEREAS, the City of Rancho Cucamonga supports and encourages the continued efforts to address the critical issues of safety, energy efficiency, and resilience in the built environment that affect our citizens, both in everyday life and in times of national disaster, give us confidence that our structures are safe and sound; and WHEREAS, the Building and Safety and fire prevention officials work year-round to ensure the safe construction of buildings and the public safety of our residents; and WHEREAS, the safely of the buildings we occupy daily is essential to the health, safety and welfare of the citizens of Rancho Cucamonga by enforcing the use of the highest-quality codes to protect our citizens where we live, learn, work, worship, play, and WHEREAS, the International Codes; the most widely adopted building safety, energy and fire prevention codes in the nation, are used by the Building and Safety Department to protect the public from natural disaster; and WHEREAS, Building and Safety Month emphasizes the important role Building and Safety plays in the development and maintenance of safe buildings, which is reinforced by the countless hours reviewing construction plans, issuing building permits, and inspecting buildings during and after construction; and WHEREAS, the Rancho Cucamonga Building and Safety department was ranked in the top ten percent in the nation by the Insurance Services Office for the department's effectiveness in the administration ofpermit and inspection processes; and WHEREAS, Cities and Counties across California are joining to promote "Building Safety Month: Code Officials Keep You Safe" and encourages all Americans to raise awareness of the importance of building safety; green and resilient building; pool, spa and hot tub safety; backyard safety; and new technologies in the construction industry.. NOW, THEREFORE, BE IT PROCLAIMED that the City Council of the City of Rancho Cucamonga does hereby proclaim and recognize the month of May 2013 as Building Safety Month in Rancho Cucamonga. IN WITNESS WHEREOF, the City Council of the City of Rancho Cucamonga, California, have hereunto set their hand and caused the seal of the City of Rancho Cucamonga to be affixed this 151" day of May, 2013. I� J / /I O � � ry � VN 11� • a � � ,� � 1 , l M k N Proclamation WHEREAS, the City of Rancho Cucamonga and the Rancho Cucamonga Fire District are committed to the safety and welfare of all its citizens; an WHEREAS, emergency medical services are a vital public service; and WHEREAS, emergency medical services teams are always ready to provide lifesaving care to those in need twenty-four hours a day, seven days a week; and WHEREAS, the system that provides quality emergency medical services is a team approach consisting of members of the public trained in first aid and CPR, certified 9-1-1 Emergency Medical Dispatchers, trained and equipped public safety, basic and advanced life support first responders, ground and air transportation providers, local hospitals and trauma centers and a local Emergency Medical Services Agency; and WHEREAS, the Rancho Cucamonga Fire District is a vital component in this system of emergency medical services in the community and region responding to EMS incidents daily with 9 fire companies staffed with firefighter paramedics and firefighter emergency medical technicians who are supported by a physician medical director, an EMS nurse administrator, a quality improvement nurse, , and other support staff' and WHEREAS, the emergency medical services system of Rancho Cucamonga Fire District responded to over 8,500 medical related emergencies in the past year; and WHEREAS, the members of the Rancho Cucamonga Fire District emergency medical services engaged in over 5,000 hours of specialized EMS training and continuing education in the past year to enhance their lifesaving skills; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating the week of May 19 through 25, 2013 as Emergency Medical Services Week; and NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Rancho Cucamonga does hereby designate the week of May 19-25, 2013, as "Emergency Medical Services Week". IN WITNESS WHEREOF, the City Council of the City of Rancho Cucamonga, California, have hereunto set their hand and caused the seal of the City of Rancho Cucamonga to be affixed this 15' day of May 2013. . n s o � 3 n rig r. � C C T n O i � R N d j k r � AL i z � s 4 r R 4 y i 0 n r a .t L RL N y A R a N fi-a_ " ALI, 5 1 4Y xi � M }Jam r ' E o 0 m - r t ,. j � �1 �f ;� �� ' ', a yR o ��5 -, �, s � +s ,,.,. j3q}�h a`k,'. �.4 .i.��..: L I � y °�w �� rp T�. f • _ • (C CIO -� 0 i � C � •� . err C N L 4 Y` 1 �, o w . �' T Z i ti y R 4 F . � . . . ��� y � ♦ � . - � � < L j b w t 1 � 1 1 r , + r f y t + N R b _ .tr r • s n & � �AL ♦ : . . . � Ar . Z � « � \ � � � i + t, � �y � Y r r � � t �` , �� � � ,t � � . � , � - y T • . 1 3 �, ; 4 y w S w )j 1 } A tX f 1 tt �ymw �u x ' oe r p Y e SA E w= P 1. w y w • f: a r� L f� 1 w I N yR I w V + 1 I 0 t e F :. 11 R N W j b f 1 3 ¢� :� i � �. r y .. R e g wi*>' vi1.4 f � ol - fgfill t l E i � a � :.4 y E r .� s 0,39 • Q� C r.. 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4/24/2013 through 5/7/2013 Check No. Check Date Vendor Name Amount AP 00335561 2013/04/24 l ADAPT CONSULTING INC 378.25 AP 00335566 2013/04/24( ALFORD,TIM 180.00 AP 00335566 2013/04/24( ALFORD,TIM 150.00 AP 00335567 2013/04/24( ALL CITIES TOOLS 584.31 AP 00335567 2013/04/24( ALL CITIES TOOLS 287.79 AP 00335570 2013/04/24 l ALLSTAR FIRE EQUIPMENT INC 1,376.83 AP 00335570 2013/04/24( ALLSTAR FIRE EQUIPMENT INC 1,038.54 AP 00335570 2013/04/24( ALLSTAR FIRE EQUIPMENT INC 538.18 AP 00335574 2013/04/241 ARCHITERRA DESIGN GROUP 370.50 AP 00335574 2013/04/241 ARCHITERRA DESIGN GROUP 95.00 AP 00335579 2013/04/24( AUFBAU CORPORATION 3,430.00 AP 00335591 2013/04/24l CALPERS 6,267.50 AP 00335591 2013/04/24l CALPERS 197.51 AP 00335592 2013/04/24( CARQUEST AUTO PARTS 94.98 AP 00335592 2013/04/24 ( CARQUEST AUTO PARTS 46.78 AP 00335592 2013/04/24 l CARQUEST AUTO PARTS 16.61 AP 00335592 2013/04/24( CARQUEST AUTO PARTS 98.69 AP 00335592 2013/04/241 CARQUEST AUTO PARTS 48.60 AP 00335592 2013/04/24 l CARQUEST AUTO PARTS 33.22 AP 00335596 2013/04/24l CDW GOVERNMENT INC. 107.22 AP 00335596 2013/04/24l COW GOVERNMENT INC. 1,222.15 AP 00335608 2013/04/24 l CONSUMERS PIPE-FONTANA 2,056.00 AP 00335622 2013/04/24( EMS INSIDER 225.00 AP 00335628 2013/04/24( FLEETPRIDE 746.37 AP 00335628 2013/04/24( FLEETPRIDE 367.61 AP 00335633 2013/04/24 ( GOLDEN STATE RISK MANAGEMENT AUTHORS 1,142.00 AP 00335635 2013/04/24( GRAINGER 250.80 AP 00335635 2013/04/241 GRAINGER 619.66 AP 00335635 2013/04/241 GRAINGER 283.05 AP 00335635 2013/04/24( GRAINGER 425.52 AP 00335674 2013/04/24( KME FIRE APPARATUS 380.95 AP 00335674 2013/04/24 ( KME FIRE APPARATUS 187.63 AP 00335674 2013/04/24( KME FIRE APPARATUS 107.11 AP 00335674 2013/04/24 l KME FIRE APPARATUS 52.75 AP 00335684 2013/04/24 l MARIPOSA HORTICULTURAL ENT INC 2,555.24 AP 00335684 2013/04/24 l MARIPOSA HORTICULTURAL ENT INC 2,004.74 AP 00335684 2013/04/24 l MARIPOSA HORTICULTURAL ENT INC 185.32 AP 00335685 2013/04/24( MARLINK SA INC 135.00 AP 00335685 2013/04/24 l MARLINK SA INC 27.00 AP 00335690 2013/04/24 l MCCUISTION, MICHAEL 97.14 AP 00335728 2013/04/24 l QUALA TEL ENTERPRISES 24.57 AP 00335728 2013/04/24 1 QUALA TEL ENTERPRISES 49.90 AP 00335729 2013/04/24 l QUALITY TRUCK ELECTRIC INC 687.42 AP 00335729 2013/04/24 l QUALITY TRUCK ELECTRIC INC 338.58 AP 00335736 2013/04/24( RESCUE RESPONSE GEAR LLC 358.31 User: VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 05/08/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P2 Agenda Check Register 4/24/2013 through 5/7/2013 Check No. Check Date Vendor Name Amoum AP 00335737 2013/04/24( RODRIGUEZ INC,R Y 1,041.11 AP 00335752 2013/04/24 l SMART AND FINAL 11.86 AP 00335752 2013/04/24( SMART AND FINAL -2.15 AP 00335753 2013/04/24 l SO CALIF GAS COMPANY 59.14 AP 00335753 2013/04/24( SO CALIF GAS COMPANY 269.51 AP 00335753 2013/04/24 ( SO CALIF GAS COMPANY 197.33 AP 00335753 2013/04/24l SO CALIF GAS COMPANY 266.20 AP 00335757 2013/04/241 SOUTHERN CALIFORNIA EDISON 877.62 AP 00335757 2013/04/24 l SOUTHERN CALIFORNIA EDISON 1,781.82 AP 00335775 2013/04/241 TURNOUT MAINTENANCE COMPANY LLC 1,407.88 AP 00335789 2013/04/24 1 VISION COMMUNICATIONS CO 128.73 AP 00335789 2013/04/24l VISION COMMUNICATIONS CO 49.50 AP 00335789 2013/04/24( VISION COMMUNICATIONS CO 63.40 AP 00335789 2013/04/24l VISION COMMUNICATIONS CO 165.74 AP 00335789 2013/04/24( VISION COMMUNICATIONS CO 81.63 AP 00335789 2013/04/24 ( VISION COMMUNICATIONS CO 100.50 AP 00335789 2013/04/24( VISION COMMUNICATIONS CO 222.08 AP 00335789 2013/04/24( VISION COMMUNICATIONS CO 109.37 AP 00335801 2013/04/25 1 AIRGAS USA LLC 48.88 AP 00335801 2013/04/25 ( AIRGAS USA LLC 99.25 AP 00335805 2013/04/25l CUCAMONGA VALLEY WATER DISTRICT 123.34 AP 00335805 2013/04/25( CUCAMONGA VALLEY WATER DISTRICT 129.10 AP 00335805 2013/04/25l CUCAMONGA VALLEY WATER DISTRICT 140.59 AP 00335805 2013/04/25 ( CUCAMONGA VALLEY WATER DISTRICT 196.97 AP 00335818 2013/04/25 ( UNIFIRST UNIFORM SERVICE 48.87 AP 00335818 2013/04/25 1 UNIFIRST UNIFORM SERVICE 81.36 AP 00335818 2013/04/25 ( UNIFIRST UNIFORM SERVICE 62.76 AP 00335818 2013/04/25 1 UNIFIRST UNIFORM SERVICE 62.76 AP 00335818 2013/04/25 l UNIFIRST UNIFORM SERVICE 27.18 AP 00335818 2013/04/25 l UNIFIRST UNIFORM SERVICE 27.48 AP 00335818 2013/04/25( UNIFIRST UNIFORM SERVICE 27.07 AP 00335822 2013/04/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 57.80 AP 00335822 2013/04/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 353.29 AP 00335822 2013/04/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 266.50 AP 00335822 2013/04/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 19.15 AP 00335822 2013/04/301 CALIFORNIA BOARD OF EQUALIZATION,STATE 1,117.18 AP 00335822 2013/04/30 l CALIFORNIA BOARD OF EQUALIZATION, STATE 132.40 AP 00335822 2013/04/301 CALIFORNIA BOARD OF EQUALIZATION, STATE 51.28 AP 00335823 2013/05/01 l 1UP GRAPHICS 265.38 AP 00335923 2013/05/01 ( IUP GRAPHICS 130.71 AP 00335831 2013/05/01 ( ADAPT CONSULTING INC 115.28 AP 00335837 2013/05/01 l BAUER COMPRESSORS 2,311.17 AP 00335867 2013/05/01 1 DANIELS TIRE SERVICE 52.26 AP 00335867 2013/05/01 1 DANIELS TIRE SERVICE 25.74 AP 00335877 2013/05/01 1 EIGHTH AVENUE ENTERPRISE LLC 34.56 User: VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 05/08/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P3 Agenda Check Register 4/24/2013 through 5/7/2013 Check No. Check Date Vendor Name Amoum AP 00335881 2013/05/01 ( FEDERAL SIGNAL CORPORATION 635.96 AP 00335881 2013/05/01 ( FEDERAL SIGNAL CORPORATION 313.23 AP 00335884 2013/05/01 ( FLEETPRIDE 65.25 AP 00335894 2013/05/01 ( GRAINGER 33.70 AP 00335897 2013/05/01 l HOSE MAN INC 22.04 AP 00335897 2013/05/01 ( HOSE MAN INC 194.41 AP 00335897 2013/05/01 ( HOSE MAN INC 95.75 AP 00335898 2013/05/01 l HOYT LUMBER CO., SM 2.91 AP 00335900 2013/05/01 ( ICMA 150.00 AP 00335910 2013/05/01 l JONES AND MAYER,LAW OFFICES OF 145.00 AP 00335914 2013/05/01 ( KUSSMAUL ELECTRONICS CO 129.72 AP 00335914 2013/05/01 ( KUSSMAUL ELECTRONICS CO 263.39 AP 00335915 2013/05/01 ( LICHTMAN, OFER 1,661.79 AP 00335918 2013/05/01 ( LITTLE BEAR PRODUCTIONS 1,075.00 AP 00335928 2013/05/01 ( N F P A 165.00 AP 00335930 2013/05/01 ( NATIONAL CONSTRUCTION RENTALS INC 170.19 AP 00335932 2013/05/01 l NEW PIG CORP 310.00 AP 00335945 2013/05/01 ( PIT STOP EMBROIDERY AND SCREEN PRINT 615.60 AP 00335951 2013/05/01 ( QUALITY TRUCK ELECTRIC INC 98.01 AP 00335951 2013/05/01 l QUALITY TRUCK ELECTRIC INC 198.99 AP 00335958 2013/05/01 ( REHABWEST INC 308.18 AP 00335963 2013/05/01 l SAFE-ENTRY TECHNICAL INC 117.50 AP 00335963 2013/05/01 ( SAFE-ENTRY TECHNICAL INC 225.00 AP 00335967 2013/05/01 ( SAN BERNARDINO CTY 5,029.15 AP 00335967 2013/05/01 ( SAN BERNARDINO CTY 4,023.32 AP 00335967 2013/05/01 ( SAN BERNARDINO CTY 1,005.83 AP 00335983 2013/05/01 ( SMART AND FINAL 113.95 AP 00335983 2013/05/01 ( SMART AND FINAL 48.80 AP 00335983 2013/05/01 ( SMART AND FINAL 18.30 AP 00335983 2013/05/01 l SMART AND FINAL 113.95 AP 00335984 2013/05/01 ( SO CALIF GAS COMPANY 150.93 AP 00335984 2013/05/01 ( SO CALIF GAS COMPANY 101.12 AP 00335984 2013/05/01 ( SO CALIF GAS COMPANY 49.82 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 1,204.55 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 677.93 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 1,261.18 AP 00335998 2013/05/01 l SWIFTY SIGN 673.92 AP 00335999 2013/05/01 ( TECOTZKY,RALPH 250.00 AP 00336002 2013/05/01 ( TURNOUT MAINTENANCE COMPANY LLC 1,793.32 AP 00336017 2013/05/01 ( VERIZON CALIFORNIA 21.25 AP 00336017 2013/05/01 ( VERIZON CALIFORNIA 480.19 AP 00336017 2013/05/01 ( VERIZON CALIFORNIA 480.19 AP 00336017 2013/05/01 l VERIZON CALIFORNIA 480.19 AP 00336017 2013/05/01 ( VERIZON CALIFORNIA 45.49 AP 00336017 2013/05/01 ( VERIZON CALIFORNIA 62.37 User: VLOPEZ-VERONICA LOPEZ Page: 3 Current Date: 05/08/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT p4 Agenda Check Resister 4/24/2013 through 5/7/2013 Check No. Check Date Vendor Name Amoum AP 00336017 2013/05/01 ( VERIZON CALIFORNIA 21.25 AP 00336017 2013/05/01 ( VERIZON CALIFORNIA 44.11 AP 00336017 2013/05/01 ( VERIZON CALIFORNIA 44.11 AP 00336022 2013/05/01 ( WAXIE SANITARY SUPPLY 505.15 AP 00336022 2013/05/01 ( WAXIE SANITARY SUPPLY 505.15 AP 00336022 2013/05/01 ( WAXIE SANITARY SUPPLY 168.38 AP 00336026 2013/05/01 ( ZBINDEN,JONATHAN 195.00 AP 00336026 2013/05/01 l ZBINDEN,JONATHAN 125.28 AP 00336035 2013/05/02( CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00336035 2013/05/02( CUCAMONGA VALLEY WATER DISTRICT 195.35 AP 00336035 2013/05/02( CUCAMONGA VALLEY WATER DISTRICT 548.32 AP 00336040 2013/05/02( KONICA MINOLTA BUSINESS SOLUTIONS USA 1 14.27 AP 00336040 2013/05/02( KONICA MINOLTA BUSINESS SOLUTIONS USA E 6.10 AP 00336040 2013/05/02( KONICA MINOLTA BUSINESS SOLUTIONS USA E 8.11 AP 00336040 2013/05/02( KONICA MINOLTA BUSINESS SOLUTIONS USA E 6.10 AP 00336044 2013/05/02 ( UNIFIRST UNIFORM SERVICE 93.03 AP 00336044 2013/05/02 ( UNIFIRST UNIFORM SERVICE 39.58 AP 00336044 2013/05/02 ( UNIFIRST UNIFORM SERVICE 55.95 AP 00336044 2013/05/02( UNIFIRST UNIFORM SERVICE 39.19 AP 00336044 2013/05/02( UNIFIRST UNIFORM SERVICE 48.12 AP 00336044 2013/05/02( UNIFIRST UNIFORM SERVICE 54.27 Total for Entity: 70,582.70 User: VLOPEZ-VERONICA LOPEZ Page: 4 Current Date: 05/08/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK:Agenda Check Register Portrait Layout Time: 15:2 P ® |IK ) & F § _ ( \ - ! 0 ( ! § 2CL ) qtk \ iR - \ \) 2 ( � \ \ \\ $) cs "E §2 ƒk \ E/ � Iq 0 � � e 0 . 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N f N M M CJ N N O O q A O O O O O O O O IL uO N N N N N N N N d d o 0 0 a o o a o mu ry N n eA ❑ m Z N O N Q m LL Q 0-' b V1 CI Cj O O N W O W b Q O ZOQQ11 Z Q Z O Q O N b m F m (b N N ' V N W W W Q 6 Q a a Z Z K K O O O F F Q W W W W K d Q Q 00 O ¢ ¢ rn W rn q W e QLL QLL 2Q¢ Qi Q2 QZ QZ w Q Q K K K K K K K Q ~ Q Q _ y Q a W W W W W W W ccc 0c C C O A w w A A _ J 9 LL LL LL LL LL LL LL g U q � ' O O e i2 c C 6 J O LL O U b m N m o m n m � m > = w n C !. a u f c m d m m n Zm O O Q o q LL F K e N Y C m O N 1 R o d QW w N O t0 a `�.'� � � n �i cm'I Cm'I j � ❑ U J N IL n In m n m m m f � K P7 a w a rn � A a o f - a o i oq a a o W N n O O N 8T R O f O A q N 19 R' O N A n W n q O r 8 N p m °i n A m n q O W � N W Cl) N b N N O A n W� W� N � t GI N E c10i A n r o rn A N N m A fO (a Y O d N p C d M a c a m o o ¢ L N U d iL Qi a d b O mu O C q O b >m N Q Q d Z ry m O LL J Q U LL O A � Y J Z A p m A m N Z N A O_ m 12 Z y a � < c A c N A # U c � H N O N i u O c ¢ o � a c Y u m L U O O N O a a O m U 1 t}n a W LL � z a o a ¢ a � 6 U A O N T O C A O N m h d O OI IG O q 1� N O VI m N cI 1� N b Y N N n d N O O O O O O O O O 3 O O O O O O O O O O O E La` O o 0 dy h N N 0 fD 10 b �O b O tD T w Y d O� O� b b A O Oi YI IL V N 0 0 p o o m 0 O N CI N N � M E 7> 'C o Os �` Q H V C a 07 Y 10 m 7 M " O `o � V Q N N CL O 3 Y d O O o o bo U a. d q N N O N ` N �i. a Q LL z 5 Y w z Z Z K ¢ N N m m w Z z U OJ f m U E O r E z Y O a E (wD „o E a o J Q J o 0 0 N J tq y Z N Q N N m T Q O O _T ❑ ❑ d OJ L Z LL LL !O G G C E i o N N ' E O Q O y C T d U C m U L C O o C O O m12 pu 0 O Q m N A o Q o 0 a N O N O d m mC N j O Y N > Dd m m O CITY OF RANCHO CUCAMONGA P9 Agenda Check Register 4/24/2013 through 5/7/2013 Check No. Check Date Vendor Name Amoum AP 00335559 2013/04/24 I A'JONTUE,ROSE ANN 504.00 AP 00335565 2013/04/241 ALFONSO,ASHLING 1,080.00 AP 00335581 2013/04/24( AVANTS,MARGE 180.00 AP 00335581 2013/04/24 l AVANTS,MARGE 90.00 AP 00335588 2013/04/24( CALIFORNIA BOARD OF EQUALIZATION,STATE 13.95 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Register 4/24/2013 through 5/7/2013 Check No. Check Date Vendor Name Amoum AP 00336019 2013/05/01 ( WADDELL,ALANA 500.00 AP 00336027 2013/05/01 1 ZENDEJAS,RAUL 1,612.50 AP 00336038 2013/05/02 I HYDRO SCAPE PRODUCTS INC 113.74 AP 00336038 2013/05/02 I HYDRO SCAPE PRODUCTS INC 1,289.53 AP 00335568 2013/04/241 ALL CITY MANAGEMENT SERVICES INC. 9,848.86 AP 00335568 2013/04/24( ALL CITY MANAGEMENT SERVICES INC. 16,651.54 AP 00335569 2013/04/24 ( ALL WELDING 115.00 AP 00335572 2013/04/24 ( AMERICAN SOCIETY OF SAFETY ENGINEERS 85.00 AP 00335583 2013/04/24( BRUNSWICK DEER CREEK LANES 186.20 AP 00335585 2013/04/24 l BUTLER SCHEIN ANIMAL HEALTH SUPPLY 75.50 AP 00335585 2013/04/24 1 BUTLER SCHEIN ANIMAL HEALTH SUPPLY 105.35 AP 00335596 2013/04/24 1 BUTSKO UTILITY DESIGN INC. 10,824.41 AP 00335597 2013/04/241 CELT PRODUCTIONS LLC 9,600.00 AP 00335612 2013/04/24 l DAN GUERRA AND ASSOCIATES 9,961.56 AP 00335614 2013/04/24( DEPARTMENT OF JUSTICE 544.00 AP 00335614 2013/04/24 l DEPARTMENT OF JUSTICE 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2013/04/30( CALIFORNIA BOARD OF EQUALIZATION,STATE 1.29 AP 00335822 2013/04/30( CALIFORNIA BOARD OF EQUALIZATION,STATE 1.60 AP 00335822 2013/04/30( CALIFORNIA BOARD OF EQUALIZATION,STATE 3.20 User: VLOPEZ-VERONICA LOPEZ Page: 20 Current Date: 05/08/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 15:2 CITY OF RANCHO CUCAMONGA P29 Agenda Check Register 4/24/2013 through 5/7/2013 Check No. Check Date Vendor Name Amoum AP 00335822 2013/04/30( CALIFORNIA BOARD OF EQUALIZATION,STATE 2.40 AP 00335822 . 2013/04/30( CALIFORNIA BOARD OF EQUALIZATION,STATE 2.40 AP 00335822 2013/04/30( CALIFORNIA BOARD OF EQUALIZATION,STATE 10.80 AP 00335822 2013/04/30( CALIFORNIA BOARD OF EQUALIZATION,STATE 8.00 AP 00335822 2013/04/30( CALIFORNIA BOARD OF EQUALIZATION,STATE 11.27 AP 00335822 2013/04/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 8.83 AP 00335822 2013/04/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 6.80 AP 00335822 2013/04/30( CALIFORNIA BOARD OF EQUALIZATION, STATE 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00336030 2013/05/02 l AUTO BODY 2000 69.00 AP 00336037 2013/05/02( HOLLIDAY ROCK CO INC 125.00 AP 00336037 2013/05/02 ( HOLLIDAY ROCK CO INC 488.34 AP 00336040 2013/05/02 ( KONICA MINOLTA BUSINESS SOLUTIONS USA I 25.00 User: VLOPEZ- VERONICA LOPEZ Page: 23 Current Date: 05/08/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 15:2 CITY OF RANCHO CUCAMONGA P32 Agenda Check Register 4/24/2013 through 5/7/2013 Check No. Check Date Vendor Name Amount AP 00336040 2013/05/02 l KONICA MINOLTA BUSINESS SOLUTIONS USA I 7.17 AP 00336040 2013/05/02 l KONICA MINOLTA BUSINESS SOLUTIONS USA I 1,852.69 AP 00336040 2013/05/02 l KONICA MINOLTA BUSINESS SOLUTIONS USA I 1,626.67 AP 00336040 2013/05/02 l KONICA MINOLTA BUSINESS SOLUTIONS USA I 17.41 AP 00336040 2013/05/021 KONICA MINOLTA BUSINESS SOLUTIONS USA I 2.76 AP 00336040 2013/05/02( KONICA MINOLTA BUSINESS SOLUTIONS USA I 1,626.67 AP 00336040 2013/05/02( KONICA MINOLTA BUSINESS SOLUTIONS USA I 2,070.45 AP 00336028 2013/05/06( US POSTMASTER 1,599.83 AP 00335587 2013/04/24( CALIFORNIA BLDG STANDARDS COMM 866.70 AP 00335587 2013/04/24( CALIFORNIA BLDG STANDARDS COMM 630.90 AP 00335587 2013/04/24( CALIFORNIA BLDG STANDARDS COMM 734.40 AP 00335587 2013/04/24( CALIFORNIA BLDG STANDARDS COMM 888.61 AP 00335587 2013/04/24 ( CALIFORNIA BLDG STANDARDS COMM 1,179.32 AP 00335593 2013/04/24 ( CARTY,DIANE 756.00 AP 00335609 2013/04/24( COOPER,CHERYL 405.00 AP 00335609 2013/04/24( COOPER,CHERYL 158.40 AP 00335609 2013/04/24 ( COOPER,CHERYL 46.00 AP 00335647 2013/04/24 l HEILIG,KELLY 499.80 AP 00335660 2013/04/24 ( INLAND VALLEY RV SERVICE& SUPPLIES 581.04 AP 00335730 2013/04/24( RAINEY,LATREACE 270.00 AP 00335735 2013/04/24( RENDON,LUCERO 94.50 AP 00335739 2013/04/24 l S.CALIF. MUNICIPAL ATHLETIC FEDERATION 162.00 AP 00335739 2013/04/24( S.CALIF. MUNICIPAL ATHLETIC FEDERATION 1,380.00 AP 00335763 2013/04/24l STERICYCLE INC 1,137.45 AP 00335767 2013/04/24( TERRA VISTA ANIMAL HOSPITAL 50.00 AP 00335767 2013/04/24( TERRA VISTA ANIMAL HOSPITAL 50.00 AP 00335767 2013/04/24( TERRA VISTA ANIMAL HOSPITAL 50.00 AP 00335767 2013/04/24 l TERRA VISTA ANIMAL HOSPITAL 25.00 AP 00335767 2013/04/24( TERRA VISTA ANIMAL HOSPITAL 50.00 AP 00335767 2013/04/24 1 TERRA VISTA ANIMAL HOSPITAL 50.00 AP 00335767 2013/04/24( TERRA VISTA ANIMAL HOSPITAL 50.00 AP 00335767 2013/04/24( TERRA VISTA ANIMAL HOSPITAL 50.00 AP 00335810 2013/04/25( INLAND VALLEY DAILY BULLETIN 428.40 AP 00335994 2013/05/01 ( SOUTHLAND FARMERS MARKET ASSOC INC 716.00 AP 00335994 2013/05/01 ( SOUTHLAND FARMERS MARKET ASSOC INC 1,244.00 AP 00335994 2013/05/01 ( SOUTHLAND FARMERS MARKET ASSOC INC 752.00 AP 00336003 2013/05/01 ( UNDERGROUND SVC ALERT OF SO CAL 294.00 AP 00335589 2013/04/24( CALIFORNIA DEPARTMENT OF PUBLIC HEALTH 344.00 AP 00335602 2013/04/24 ( CLARK,MICHELLE 111.29 AP 00335634 2013/04/24 ( GOOD YEAR WHOLESALE 3,906.51 AP 00335662 2013/04/24 t INTERNATIONAL FOOTPRINT ASSOCIATION 20.00 AP 00335662 2013/04/24( INTERNATIONAL FOOTPRINT ASSOCIATION 20.00 AP 00335716 2013/04/24( OTT, SHARON 324.00 AP 00335716 2013/04/24( OTT, SHARON 360.00 AP 00335725 2013/04/24( PRO-PLANET INDUSTRIAL SUPPLY 120.74 User: VLOPEZ-VERONICA LOPEZ Page: 24 Current Date: 05/08/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:2 CITY OF RANCHO CUCAMONGA P33 Agenda Check Register 4/24/2013 through 5/7/2013 Check No. Check Date Vendor Name Amoum AP 00335733 2013/04/24( RAULS AUTO TRIM INC 242.00 AP 00335769 2013/04/24( THARALDSON HOSPITALITY DEVELOPMENT LL 5,000.00 AP 00335778 2013/04/24 ( UNIVERSAL MARTIAL ARTS CENTERS 1,679.72 AP 00335780 2013/04/24( UPS 51.10 AP 00335780 2013/04/24( UPS 44.39 AP 00335950 2013/05/01 ( PULTE HOMES 5,620.71 AP 00335955 2013/05/01 ( RBM LOCK AND KEY SERVICE 11.66 AP 00335955 2013/05/01 ( RBM LOCK AND KEY SERVICE 22.63 AP 00336001 2013/05/01 ( TUCKERMAN,BARB 109.11 AP 00336044 2013/05/02 ( UNIFIRST UNIFORM SERVICE 44.26 AP 00336044 2013/05/02( UNIFIRST UNIFORM SERVICE 122.12 AP 00336044 2013/05/02 ( UNIFIRST UNIFORM SERVICE 886.48 AP 00336044 2013/05/02 ( UNIFIRST UNIFORM SERVICE 167.84 AP 00336044 2013/05/02( UNIFIRST UNIFORM SERVICE 39.94 AP 00336044 2013/05/02 ( UNIFIRST UNIFORM SERVICE 680.41 AP 00335558 2013/04/24l A&V SOFTBALL 3,275.00 AP 00335560 2013/04/24( ACE ELECTRIC INC. 9,873.07 AP 00335560 2013/04/24 l ACE ELECTRIC INC. -493.65 AP 00335562 2013/04/24 l ADOBE ANIMAL HOSPITAL 50.00 AP 00335562 2013/04/24 l ADOBE ANIMAL HOSPITAL 25.00 AP 00335562 2013/04/24( ADOBE ANIMAL HOSPITAL 50.00 AP 00335562 2013/04/24( ADOBE ANIMAL HOSPITAL 50.00 AP 00335562 2013/04/24( ADOBE ANIMAL HOSPITAL 50.00 AP 00335562 2013/04/24( ADOBE ANIMAL HOSPITAL 50.00 AP 00335562 2013/04/24( ADOBE ANIMAL HOSPITAL 25.00 AP 00335562 2013/04/24( ADOBE ANIMAL HOSPITAL 25.00 AP 00335562 2013/04/24( ADOBE ANIMAL HOSPITAL 50.00 AP 00335562 2013/04/24( ADOBE ANIMAL HOSPITAL 50.00 AP 00335562 2013/04/24( ADOBE ANIMAL HOSPITAL 50.00 AP 00335562 2013/04/24 l ADOBE ANIMAL HOSPITAL 25.00 AP 00335562 2013/04/24( ADOBE ANIMAL HOSPITAL 25.00 AP 00335562 2013/04/24( ADOBE ANIMAL HOSPITAL 25.00 AP 00335562 2013/04/24 l ADOBE ANIMAL HOSPITAL 50.00 AP 00335562 2013/04/24 l ADOBE ANIMAL HOSPITAL 50.00 AP 00335562 2013/04/24 l ADOBE ANIMAL HOSPITAL 50.00 AP 00335562 2013/04/24( ADOBE ANIMAL HOSPITAL 50.00 AP 00335562 2013/04/24 l ADOBE ANIMAL HOSPITAL 50.00 AP 00335562 2013/04/24( ADOBE ANIMAL HOSPITAL 50.00 AP 00335577 2013/04/24( ASAP POWERSPORTS 54.24 AP 00335577 2013/04/24( ASAP POWERSPORTS 316.40 AP 00335577 2013/04/24( ASAP POWERSPORTS 54.24 AP 00335577 2013/04/24( ASAP POWERSPORTS 136.16 AP 00335577 2013/04/24( ASAP POWERSPORTS 789.73 AP 00335578 2013/04/24( ASSI SECURITY 105.00 AP 00335578 2013/04/24 l ASSI SECURITY 165.00 User: VLOPEZ-VERONICA LOPEZ Page: 25 Current Date: 05/08/. 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CALIFORNIA EDISON 403.20 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 25.42 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 44.75 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 27.20 AP 00335993 2013/05/01 l SOUTHERN CALIFORNIA EDISON 24.38 User: VLOPEZ-VERONICA LOPEZ Page: 38 Current Date: 05/08/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 15:2 CITY OF RANCHO CUCAMONGA P47 Agenda Check Register 4/24/2013 through 5/7/2013 Check No. Check Date Vendor Name Amount AP 00335993 2013/05/O1 l SOUTHERN CALIFORNIA EDISON 83.60 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.43 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 28.69 AP 00335993 2013/05/O1 ( SOUTHERN CALIFORNIA EDISON 25.20 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.37 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.59 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.43 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 25.25 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/O1 ( SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/O1 ( SOUTHERN CALIFORNIA EDISON 24.38 AP 00335993 2013/05/O1 l SOUTHERN CALIFORNIA EDISON 24.43 AP 00335993 2013/05/01 l SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/O1 ( SOUTHERN CALIFORNIA EDISON 24.43 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 53.44 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 71.71 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.43 AP 00335993 2013/05/O1 ( SOUTHERN CALIFORNIA EDISON 24.56 AP 00335993 2013/05/01 l SOUTHERN CALIFORNIA EDISON 14.52 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 13.73 AP 00335704 2013/04/24( NATIONAL CONSTRUCTION RENTALS INC 311.04 AP 00335607 2013/04/24 l CONCEPT POWDER COATING 1,510.00 AP 00335753 2013/04/24 l SO CALIF GAS COMPANY 14.30 AP 00335753 2013/04/24 l SO CALIF GAS COMPANY 130.83 AP 00335753 2013/04/24( SO CALIF GAS COMPANY 2,264.04 AP 00335580 2013/04/24( AV&COMPANY 2,237.20 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.46 AP 00335993 2013/05/01 l SOUTHERN CALIFORNIA EDISON 28.96 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 32.02 AP 00335993 2013/05/O1 ( SOUTHERN CALIFORNIA EDISON 24.64 AP 00335993 2013/05/O1 ( SOUTHERN CALIFORNIA EDISON 399.71 AP 00335993 2013/05/O1 l SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/01 l SOUTHERN CALIFORNIA EDISON 57.47 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.69 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.43 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.37 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.46 AP 00335993 2013/OS/01 ( SOUTHERN CALIFORNIA EDISON 24.64 AP 00335993 2013/05/O1 ( SOUTHERN CALIFORNIA EDISON 24.38 AP 00335993 2013/05/O1 l SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/O1 ( SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.24 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.24 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.51 User: VLOPEZ-VERONICA LOPEZ Page: 39 Current Date: 05/08/: Report.CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 15:2 CITY OF RANCHO CUCAMONGA P48 Agenda Check Register 4/24/2013 through 5/7/2013 Check No. Check Date Vendor Name Amount AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/01 l SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.38 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.37 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/01 l SOUTHERN CALIFORNIA EDISON 24.64 AP 00335993 2013/05/01 1 SOUTHERN CALIFORNIA EDISON 54.41 AP 00335993 2013/05/01 1 SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/01 l SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/01 1 SOUTHERN CALIFORNIA EDISON 67.71 AP 00335993 2013/05/01 I SOUTHERN CALIFORNIA EDISON 46.79 AP 00335993 2013/05/01 f SOUTHERN CALIFORNIA EDISON 68.67 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 58.38 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 107.57 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 45.83 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 273.39 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 119.55 AP 00335993 2013/05/01 l SOUTHERN CALIFORNIA EDISON 20.89 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 72.28 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 90.93 AP 00335993 2013/05/01 1 SOUTHERN CALIFORNIA EDISON 53.00 AP 00335993 2013/05/01 I SOUTHERN CALIFORNIA EDISON 46.41 AP 00335993 2013/05/01 I SOUTHERN CALIFORNIA EDISON 54.31 AP 00335993 2013/05/01 1 SOUTHERN CALIFORNIA EDISON 59.70 AP 00335993 2013/05/01 1 SOUTHERN CALIFORNIA EDISON 94.65 AP 00335993 2013/05/01 1 SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/01 1 SOUTHERN CALIFORNIA EDISON 56.74 AP 00335993 2013/05/01 1 SOUTHERN CALIFORNIA EDISON 76.22 AP 00335993 2013/05/01 l SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 74.17 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 57.01 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/01 1 SOUTHERN CALIFORNIA EDISON 24.51 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.64 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.64 AP 00335993 2013/05/01 I SOUTHERN CALIFORNIA EDISON 24.56 AP 00335993 2013/05/01 1 SOUTHERN CALIFORNIA EDISON 86.75 AP 00335993 2013/05/01 l SOUTHERN CALIFORNIA EDISON 24.11 AP 00335812 2013/04/25( IRONMAN PARTS AND SERVICES 400.00 AP 00335812 2013/04/25 f IRONMAN PARTS AND SERVICES 400.00 AP 00335666 2013/04/24( JDC INC 14,595.00 AP 00335563 2013/04/24( ADVANCED CHEMICAL TRANSPORT 128.00 User: VLOPEZ-VERONICA LOPEZ Page: 40 Current Date: 05/08/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:2 CITY OF RANCHO CUCAMONGA P49 Aeenda Check Register 4/24/2013 through 5/7/2013 Check No. Check Date Vendor Name Amoum AP 00335563 2013/04/24( ADVANCED CHEMICAL TRANSPORT 159.50 AP 00335563 2013/04/24( ADVANCED CHEMICAL TRANSPORT 96.50 AP 00335563 2013/04/24( ADVANCED CHEMICAL TRANSPORT 128.00 AP 00335563 2013/04/24( ADVANCED CHEMICAL TRANSPORT 128.00 AP 00335993 2013/05/01 l SOUTHERN CALIFORNIA EDISON 77.92 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 203.68 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.56 AP 00335993 2013/05/01 ( SOUTHERN CALIFORNIA EDISON 24.51 AP 00335930 2013/05/01 ( NATIONAL CONSTRUCTION RENTALS INC 423.69 AP 00335712 2013/04/24( ONTARIO WINNELSON CO 52.39 AP 00335712 2013/04/24( ONTARIO WINNELSON CO 28.47 AP 00335879 2013/05/01 ( FASTENAL COMPANY 37.28 AP 00335879 2013/05/01 ( FASTENAL COMPANY 9.59 AP 00335879 2013/05/01 l FASTENAL COMPANY 40.29 AP 00335879 2013/05/01 ( FASTENAL COMPANY -37.28 AP 00335624 2013/04/24( ERGON ASPHALT AND EMULSIONS 247.00 AP 00335563 2013/04/24( ADVANCED CHEMICAL TRANSPORT 96.50 EP 00003329 2013/04/24( CHAFFEY JOINT UNION HS DISTRICT 568.92 EP 00003332 2013/05/01 ( RCPFA 9,534.06 EP 00003331 2013/05/01 l CALIF GOVERNMENT VEBA/RANCHO CUCAM01 1,480.00 EP 00003331 2013/05/01 ( CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 7,075.00 Total for Entity: 2,185,397.54 User: VLOPEZ-VERONICA LOPEZ Page: 41 Current Date: 05/08/. 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Gillison, City Manager From: Candyce Burnett, Planning Manager By: Donald Granger, Senior Planner Valerie Victorino, Planning Department Secretary Subject: APPROVAL TO RENEW PROFESSIONAL SERVICES AGREEMENT (CO#12-049) WITH APPLIED PLANNING, INC. FOR 2013-2014 AS STIPULATED IN THE CONTRACT TO PROVIDE AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED WALMART SUPER STORE PROJECT LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND MAYTEN AVENUE (DRC2012-00049) Recommendation Staff recommends that the City Council authorize the Mayor to renew Professional Services Agreement (CO#12-049) with Applied Planning, Inc. from June 5, 2013 through June 4, 2014, to continue the comprehensive Environmental Impact Report (EIR) for the proposed Walmart Super Store project, funded from account number 1001314-5303 (Contract Services Reimbursable). The contract was initiated on June 4, 2012 and is required to be renewed on an annual basis until project completion. Background The proposed project involves constructing an approximately 189,000 square foot Walmart retail anchor store along with a Master Plan for approximately 62,000 square feet of additional retail space on a site that totals 28.59 acres (Walmart will encompass 20.20 acres of the total project site). The project is at the northeast corner of Foothill Boulevard and Mayten Avenue, and proposes to have groceries, general merchandise, and an outdoor garden sales area. The preparation of an EIR is the first step in a long series of review steps in the Development Review and CEQA process. The contract is approximately 50% completed with a balance of $ 156,423.30 remaining. The Planning Department has dedicated a team of two case planners, Tabe Van der Zwaag, Associate Planner, and Donald Granger, Senior Planner, to provide comprehensive project oversight to ensure the timely and successful completion of the EIR and to make certain that the EIR is thorough and defensible. In addition, senior staff from the Planning Department, Engineering staff, and the City Attorney will provide feedback and support during the preparation and drafting of the EIR. 4Respelly submitted,Burnett ' Planning Manager CB/DG/vv P61 AGREEMENT FOR DESIGN PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 6th day of June, 2012, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and Applied Planning, Inc, a Environmental Consultant ("Consultant"). RECITALS A. City has heretofore issued its request for proposals to perform the following design professional services: preparation of an Environmental Impact Report (EIR) for the proposed Walmart Supercenter at Foothill and Mayten ("the Project"). B. Consultant has submitted a proposal to perform the professional services described in Recital "A", above,necessary to complete the Project. C. City desires to engage Consultant to complete the Project in the manner set forth and more fully described herein. D. Consultant represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform all technical and professional services described in Recitals "A" and `B" above, including, but not limited to preparation of EIR , all as more fully set forth in the Consultant's proposal, dated March 14, 2012, and entitled "Scope of Work", attached hereto as Exhibit "A", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Consultant are set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City, the Consultant will promptly meet with City staff to discuss any revisions to the Project desired by the City. Consultant agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a PSA(Design) Page L Last Revision Date:0412312012 P62 revision or revisions to Consultant's compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Consultant by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's City Manager without amendment. 1.3 Time for Performance. Consultant shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "B". 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, .difficulties and restrictions attending performance of the services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Representative. 2. Term of Agreement. The Agreement term shall be for one (1) year to become effective upon mutual execution by way of signature to this Agreement by both parties (the "Effective Date"), and issuance of a Purchase Order, no work shall be conducted, service or goods provided until both of the above mentioned requirements are fulfilled, with an option to renew in one (1) year increments to total three (3) years, unless sooner terminated as provided in Section 15 herein. Options to renew are contingent upon City Manager approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. 3.1 Compensation. City shall compensate Consultant as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Consultant shall not exceed $348,762 (Three hundred forty-eight thousand, seven hundred sixty-two dollars), including all out of pocket expenses, unless additional compensation is approved by the City Council. City shall not withhold any federal, state or other taxes, or other deductions. . However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no PSA(Design) Page 2 Last Revision Date:0412312012 P63 circumstance shall Consultant be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Consultant for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Consultant shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Consultant in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Consultant relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City's representative shall be Mr. Donald Granger, or such other person as designated in writing by the City ("City Representative"). It shall be Consultant's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Consultant Representative. For the purposes of this Agreement, Mr. Ross S. Geller is hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Consultant's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Consultant's Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City. PSA(Design) Page 3 Last Revision Date:0412312012 P64 6. Consultant's Personnel. 6.1 All Services shall be performed by Consultant or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City's Municipal Code. 6.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 7 below. 6.3 Consultant shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Consultant shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city or agency officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all services to all customary and applicable professional standards, in compliance with any and all applicable laws, statutes and regulations, and in a manner reasonably satisfactory to City. 8. Ownership of Work Product. 8.1 Ownership. Unless otherwise agreed upon in writing, all documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Consultant in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product"), are considered to be "works made for hire" for the benefit of the City. Upon payment being made, and provided Consultant is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or PSA(Design) Page 4 Last Revision Dale:0412312012 P65 dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Consultant. In the event of the return of any of the Work Product to Consultant or its representative, Consultant shall be responsible for its safe return to City. Under no circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City's reuse of the Work Product for any purpose other than the Project, shall be at City's sole risk. 8.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 8.1, above, the Consultant shall be deemed to grant and assign to City, and shall require all of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Consultant shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 8.3 Title to Intellectual Property. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim or liability in any way related to a claim that City's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement. 9. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to PSA(Design) Page 5 Last Revision Date:0412312012 P66 incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 9. 10. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Consultant to defend itself from any legal action or claim. 11. Conflict of Interest. 11.1 Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 11.2 Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, PSA(Design) Page 6 Last Revision Date:0412312012 P67 commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 11.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 11.1. 12. Indemnification. 12.1 Indemnity for Design Professional Services. In connection with its design professional services, CONSULTANT shall hold harmless and indemnify CITY, and its elected officials, officers, employees, servants, designated volunteers, and those CITY agents serving as independent contractors in the role of CITY officials (collectively, "Indemnitees"), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of CONSULTANT or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. 12.2 Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Section 12.1, CONSULTANT shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of CONSULTANT or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY, as determined by final arbitration or court decision or by the agreement of the parties. CONSULTANT shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of CITY's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. CONSULTANT's duty to defend pursuant to this Section 12.2 shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees. 12.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the PSA(Design) Page 7 Last Revision Date.'0412312012 P68 deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 12.4 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant. 12.5 Survival. The provisions of this Section 12 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Consultant shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 13. Insurance. 13.1 Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries . to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Consultant, and/or its agents, representatives, employees and subcontractors. 13.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. (4) Professional Liability insurance in a form approved by the City, having an extended reporting period of not less than three (3) years; or Professional Liability insurance shall be maintained for a period of three (3) years after completion of the Services which shall, during the entire three (3) year period, provide protection against claims of professional negligence arising out of Consultant's performance of the Services and otherwise complying with all applicable provisions of this Section 13. Either policy shall be endorsed to include contractual liability to the extent insurable. PSA(Design) Page 8 Last Revision Date:0412312012 P69 13.3 Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. (4) Professional Liability: $1,000,000 per claim/aggregate. 13.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. 13.5 Other Insurance Provisions. (1) The general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; and/or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City or agency officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Consultant's insurance coverage (except Professional Liability and Workers' Compensation) shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self- insurance maintained by City, their officers, officials, PSA(Design) Page 9 Last Revision Date:0412312012 g P7O employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Consultant's insurance and shall not contribute with it. (3) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non-payment of premium). Consultant shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. (5) Each insurance policy, except for the professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. (6) Be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated ANN or better according to the most recent A.M. Best Co. Rating Guide. (7) Specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 13.6 Evidence of coverage.Prior to commencing performance under this Agreement, the Consultant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance PSA(Design) Page 10 Last Revision Date:0412312012 P71 coverage required by this Agreement. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 14. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require. City shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties. 15. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Consultant. In the event City exercises its right to terminate this Agreement, City shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Consultant may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 16. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant's and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be addressed as follows: If to City: Mr. Donald Granger Senior Planner City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 909-477-2750, ext. 4314 donald.granger@cityofrc.us PSA(Design) Page II Last Revision Dare:0412312012 P72 If to Consultant: Mr. Ross S. Geller, Principal Applied Planning, Inc. 5817 Pine Avenue, Suite A Chino Hills, CA 91709 909-937-0333 rgeller@appliedplanning.com 17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 18. Assignment and Subcontracting. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant's obligations hereunder without City's prior written consent. Except as provided herein, any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 19. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. 20. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs of experts. 22. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material PSA(Design) Page 12 Last Revision Date.'0412312012 P73 discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 23. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 24. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 25. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Consultant Name: ,Applied Planning, Inc. City of Rancho Cucamonga Name Date Name Date �� Title Title City of Rancho Cucamonga By: Ihme U Efat� Name Date Title Title (two signatures required if corporation) PSA(Design) Page 13 Last Revision Date:0412312012 P74 Approval Buyer II, Purchasing Alternate, Risk Management Coordinator PSA(Design) Page 14 Last Revision Date.:0412312012 P75 EXHIBIT A SCOPE OF SERVICES PSA(Design) Page 15 Last Revision Date:0412312012 P76 EXHIBIT B SCHEDULE OF PERFORMANCE PSA(Design) Page 16 Last Revision Dale r 0412312012 P77 STAFF REPORT COMMUNITY SERVICES DEPARTMENT Date: May 15, 2013 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director By: Karen McGuire-Emery, Senior Park Planner Subject: AUTHORIZATION TO ADVERTISE THE "NOTICE INVITING BIDS" FOR THE CENTRAL PARK CARPETING PROJECT RECOMMENDATION It is recommended that the City Council approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids"for the Central Park Carpeting Project. BACKGROUND/ANALYSIS The Goldy S. Lewis Community Center and the James L. Brulte Senior Center opened in 2005. The combined facilities which comprise the Community Center at Central Park, are open 7 days per week and are visited by over 500,000 residents annually. Carpeting in the public areas of these two facilities, including the lobby, corridors and meeting rooms is now showing signs of wear and need of replacement. Staff contacted Robert Coffee, the original Architect for the facility earlier this year and, through a separate agreement, he has provided plans and specifications for replacement carpeting that would compliment the existing furniture and wall coverings. The architect's estimate for the public area improvements is $100,123, including a 7% contingency, and will be funded from Account No.1025001-5602. Carpeting in the staff areas is not showing heavy wear signs and a price for replacement will be provided as an Alternate Bid. It is anticipated that the project will be completed by late Fall of 2013. Respectfully submitted, Nettie Nielsen Community Services Director attachment P78 RESOLUTION NO. 13-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "THE CENTRAL PARK CARPETING PROJECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "THE CENTRAL PARK CARPETING PROJECT". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on June 4, 2013, sealed bids or proposals for the "THE CENTRAL PARK CARPETING PROJECT" in said City. A pre-bid meeting is scheduled for 10:00 a.m. on May 28, 2013, at the Goldy S. Lewis Community Center, located at 11200 Base Line Road. This meeting is to allow bidder's an opportunity to view the project site. Bidders' attendance at this meeting is a prerequisite for providing a bid for the job. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of the "THE CENTRAL PARK CARPETING PROJECT". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department Resolution No. - Page 1 of 4 of Industrial Relations of the State of California is required to and has determined such general P79 prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. They can also be found at www.dir.ca.gov/ under the "Statistics and Research" Tab. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as Resolution No. - Page 2 of 4 P80 amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ` ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; a Class "C-15" License (Flooring and Floor Covering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. In an effort to go green and paperless, digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available by going to www.ciplist.com and signing up, by going to Member Login or Member Signup (it's free), then choose California, then scroll down to San Bernardino County and click on Browse Cities, then scroll down to Rancho Cucamonga and click on City Projects, then click on the Project of interest under the Title and follow directions for download. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above website then printed. Prospective bidders must register for an Resolution No. - Page 3 of 4 P81 account on www.ciplist.com to be included on the prospective bidder's list(s) and to receive email updates of any addenda or revisions to the bid documents. Be advised that the information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to register with www.ciplist.com and to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for the "THE CENTRAL PARK CARPETING PROJECT" may be directed to: KAREN MCGUIRE-EMERY 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2760, ext. 2205 ADVERTISE ON: May 21 and 23, 2013 Resolution No. - Page 4 of 4 P82 STAFF REPORT PUBLIC WORKS SL'R\'ICES DEPARTMENT RANCHO Date: May 15, 2013 C,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director By: Ty Quaintance, Facilities Maintenance Superintendent Kenneth Fung, Assistant Engineer Subject: ACCEPT THE ETIWANDA CREEK PARK SPORTS LIGHTING REPLACEMENT PROJECT, CONTRACT NO. 13-013 AS COMPLETE, RELEASE THE BONDS; APPROVE A RESOLUTION AUTHORIZING THE PUBLIC WORKS SERVICES DIRECTOR TO FILE A NOTICE OF COMPLETION, RELEASE THE RETENTION 35 DAYS AFTER ACCEPTANCE AND APPROVE THE FINAL CONTRACT AMOUNT OF $103,373.07 RECOMMENDATION It is recommended that the City Council accept the Etiwanda Creek Park Sports Lighting Replacement Project, Contract No. 13-013, as complete, approve a resolution authorizing the Public Works Services Director to file a Notice of Completion, release the Faithful Performance Bond and authorize the release of the Labor and Materials Bond in the amount of $93,500.00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $5,168.65, 35 days after acceptance; and approve the final contract amount of$103,373.07. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the Public Works Services Director. The Etiwanda Creek Park Sports Lighting Replacement Project scope of work consisted of the removal and replacement of four (4) sets of sports lighting fixtures at each of the two (2) sports fields in Etiwanda Creek Park. The previous sports lighting fixtures were at the end of their service life. Pertinent information of the project is as follows: Budgeted Amount: $175,000.00 Account Numbers: 1025001-5607 Engineer's Estimate: $140,000.00 City Council Approval to Advertise: November 7, 2012 ➢ Publish dates for local paper: November 13, 2012 and November 27, 2012 P83 CITY COUNCIL STAFF REPORT Re: ETIWANDA CREEK PARK SPORTS LIGHTING REPLACEMENT PROJECT May 15, 2013 Page 2 Bid Opening: December 18, 2012 ➢ Contract Award Date: January 16, 2013 ➢ Low Bidder: Ace Electric, Inc. of San Diego Contract Amount: $93,500.00 15% Contingency: $14,025.00 9 Final Contract Amount: $103,373.07 ➢ Difference in Contract Amount: $9,873.07 (10.56%) The net increase in the total cost of the project is a result of additional work requested by the City. The notable work significant to the increase in the Contract was the removal and replacement of eight (8) security light fixtures with new Beta LED light fixtures. Respectfully ubmitted, William Wittkopf Public Works Services Director Attachment P84 RESOLUTION NO. 13-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ETIWANDA CREEK PARK SPORTS LIGHTING REPLACEMENT PROJECT, CONTRACT NO. 13-013 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Etiwanda Creek Park Sports Lighting Replacement Project, Contract No. 13-013, has been completed to the satisfaction of the Public Works Services Director; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the CITY COUNCIL of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the Public Works Services Director is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. � �i�:w•w.1 � t �:.,�,��'�����1'����J1�17��'■IRS=�...:E r� , %�� .* m'nri.�c�. a� !• .11 - _ `I�Im{m;rtls�l���e{'�'>tr !�mmmri�mmrfr_rtLl�l 'j�i1�iE�lst cra��lr�c111����1 �,� 5 �`'� i�•�P:n� �. �� - m.LN=,i�rrlmmilmlm� ni� `.... �111�.�!n 1��■fi�L�� ��II� .\I��I�i�i �f�i�_ �■t1€■��■��CtS� _ ,,-,E;ti1�lLi�11�" ��. sell F .Intl 4 CITY OF RANCHO CUCAMONGA VICINITY MAP �,J � �Illn�gti���eR'��r � � n:•�"�]jll '�' il't � 111� I��1ZleL!11ir11A e y '� fE�r.'I•iw nr]jj . � . nu■ a � r�nll � .� vizu P86 STAFF REPORT - ENGINFERING SERVICES DEPARTMENT RANCHO Date: May 15, 2013 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer A Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF ETIWANDA AVENUE SIDEWALKS, CURB AND GUTTER, RAMPS AND FLASHING BEACONS, ADJACENT TO GRAPELAND ELEMENTARY SCHOOL AND ETIWANDA INTERMEDIATE SCHOOL, TO BE FUNDED FROM SAFE ROUTES TO SCHOOL GRANT, GAS TAX AND CITYWIDE INFRASTRUCTURE FUNDS RECOMMENDATION It is recommended that the City Council approve plans and specifications for the construction of Etiwanda Avenue sidewalks, curb and gutter, ramps and flashing beacons, adjacent to Grapeland Elementary School and Etiwanda Intermediate School and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS Residents living in this area have expressed an interest in having a separated pathway for their children to walk on Etiwanda Avenue adjacent to the Grapeland Elementary School and Etiwanda Intermediate School. Currently, there are missing gap of sidewalks along Etiwanda Avenue, between Base Line Road and north of Victoria Street. The installation of the sidewalks, curb and gutter and flashing beacons will enable children to walk along Etiwanda Avenue to the school without having to walk along the edge of pavement and also crossing the street safely due to new flashing beacons. Proceeding with this project serves the public purpose by helping to promote the safety of children walking to the school in the City. The project is funded from a Safe Routes to School Grant, Gas Tax and Citywide Infrastructure Funds. Staff has determined that the project is categorically exempt per Article 19, Section 15301(c) of the CEQA guidelines. The Engineer's estimate for construction of the sidewalk improvements is $241,000. Legal advertising is scheduled for May 21, 2013 and May 28, 2013, with bid opening at 11:00 a.m. on Tuesday, June 4, 2013, unless extended by addendum. 14 espectfu bmitted, Mar . Steuer Director of Engineering Services/City Engineer MAS/RMD:ls Attachments: Resolution and Vicinity Map P87 F H W Fv x Z z aq wti 1 o w' w I11111111111111111111111II�, 1� r ��ryyy///{{{��Y 1111111111111111111I11111111 II,IIIII,II a 0. O~ W lit 11111111111,1111,11I1111110 "'��M111 < IM N IL' I is < 0.rn % Z 1111" y a 111 a 1 1111 1111 I o3 1 �� i\a 1V 15Y3 A M�II O P4 ILJIILJI ONVM113 X, 1 A331p N AYOcn nnm NYH� 3a�Ava S wy A ,IIIIIY 'MY a 3 u 'HYIq N33lD Av0531aYH� r, r z zo '3nv Amin v rc 1 '3nY N3 min 0 O� �� O a � � � � �b+me m ❑�5 � A ro n Q F' Y N3AVH IF— Y 161VH � �a A ll3 HMN MY iF lug n83 ❑ O w � 5 'anv vNoma v alvelg3uv 3nY Prve aV MyIpL� v rnn '3M1 �f v SAILL3W n11�� 3Av NYWTL3N I(m II d �3'�V NYIli13H a My vam � u�LL__�1 3 3A WYA3NN�i tl OaVA3NN� N LY IL— 5 r q Off`` MY NVm WJ MY YMN Wdswwe 3aiHddvs �JL I- 1 P88 RESOLUTION NO. 13-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING PLANS AND SPECIFICATIONS FOR THE "ETIWANDA AVENUE SIDEWALKS, CURB AND GUTTER, RAMPS AND FLASHING BEACONS", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared specifications for the construction of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that the specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "ETIWANDA AVENUE SIDEWALKS, CURB AND GUTTER, RAMPS AND FLASHING BEACONS". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 11:00 a.m. on Tuesday, June 4, 2013, sealed bids or proposals for the "ETIWAN DA AVENUE SIDEWALKS, CURB AND GUTTER, RAMPS AND FLASHING BEACONS" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "ETIWANDA AVENUE SIDEWALKS, CURB AND GUTTER, RAMPS AND FLASHING BEACONS": PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1,Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of Resolution No. 13-060 - Page 1 of 4 P89 the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga,California,and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer,workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade fora certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight(8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Resolution No. 13-060 — Page 2 of 4 P90 Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00)for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight(8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers'check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including but not limited to a Class "A" License (General Engineering Contractor) or Class "C-8" License in accordance with the provisions of the Contractor's License Law(California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code,"Section 7028.15,shall indicate his or her State License Number on the bid,togetherwith the expiration date,and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. In an effort to go green and paperless, digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available by going to www.ciplist.com and signing up, by going to Member Login or Member Signup (it's free), then choose California, then scroll down to San Bernardino County and click on Browse Cities,then scroll down to Rancho Cucamonga and click on City Projects, then click on the Project of interest under the Title and follow directions for download. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above Resolution No. 13-060 — Page 3 of 4 P91 website then printed. Prospective bidders must register for an account on www.ciplist.com to be included on the prospective bidder's list(s)and to receive email updates of any addenda or revisions to the bid documents. Be advised that the information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to registerwith www.ciplist.com and to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for"ETIWANDA AVENUE SIDEWALKS, CURB AND GUTTER, RAMPS AND FLASHING BEACONS" may be directed to: ROMEO M. DAVID, ASSOCIATE ENGINEER & PROJECT MANAGER 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4070 ADVERTISE ON: May 21, 2013 and May 28, 2013 Resolution No. 13-060 — Page 4 of 4 P92 STAFF REPORT - ENGmNHERING Si:R\'ICFs Dei>AR'rMa,:NT RANCHO Date: May 15, 2013 C,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineerprnk Shelley Hayes, Assistant Engineer o� Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $268,000.00, TO THE LOWEST RESPONSIVE BIDDER, ALL AMERICAN ASPHALT, AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $26,800.00, FOR THE BANYAN STREET SIDEWALK AND PAVEMENT REHABILITATION FROM ETIWANDA AVENUE TO 850 FEET WEST OF EAST AVENUE PROJECT TO BE FUNDED FROM GAS TAX RT 7360 FUNDS AND PROPOSITION 42 FUNDS, ACCOUNT NOS, 1174303-5650/1737174-0 AND 1190303-5650/1737190-0, RESPECTIVELY RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $268,000.00, to the lowest responsive bidder, All American Asphalt, and authorize the expenditure of a 10% contingency in the amount of $26,800.00, for the Banyan Street Sidewalk and Pavement Rehabilitation from Etiwanda Avenue to 850 feet west of East Avenue project to be funded from Gas Tax RT 7360 Funds and Proposition 42 Funds, Account Nos. 1 1 74303-56 50/1 7371 74-0 and 1190303-5650/1737190-0, respectively. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on April 23, 2013, for the subject project. The Engineer's estimate for the base bid was $315,394.00. Staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. The scope of work consists of construction of sidewalks, curb and gutter and drive approaches, cold milling, adjusting existing manholes and valves to new grade, crack sealing, pavement overlay, traffic loops replacement and striping. It is estimated that approximately five jobs will be either generated or sustained in connection with this project. The contract documents call for sixty (60) working days to complete this construction. �all ubmitted, euer Director of Engineering Services/City Engineer MAS/RMD/SH:ls Attachments 0 PROJECT SITE DIRT R0. ------------------------------ < HIDDEN FLRX ■ / / Y A �4<a�Dr . ■i, yid7j VISTA GRWE I■ i ■ I�� 1 ETIVLNW — 11 VaTo, M ��� ■ r II IDE D■Esc GNYM! ST. ____ ST LEMDN LVE❑❑ ----GG I'21D FREEVLY I T D LVE _ vlCTptu ST. VICTnRIL VIN➢RnVS PLAK ! PLRR km i VICTQ<IL -� ��� VICTRlu t RSPRR 1I GI� ��II it I BASE L JJJlull_JJ BLSELIIE LVE uL_� I Q-� PKVY ��❑ Ytn �iii . i CXURCX TT. ------ —--_ _____________ ■RWNO_RD �IIII��I�I � �� ` � � � I _____ _ II FmINILL KVA ~ nl 66> CITY = _ VM TT I \` MTEX LRRDV _� �� ��❑� cxcY BLV0. + S � � vwnew BV[ ■ < LT LSf RR Bt ST ET 6 q<Q 11X STREET 9 JL �[ 6tls STREET � � � •- CITY OF RANCHO CUCAMONGA BANYAN STREET SIDEWALK AND PAVEMENT REHABILITATION (FROM ETIWANDA AVE TO f 850 W/O EAST AVENUE N.T.S. ryvpmn m¢c LMmSDM W rocs uwm.u+o wsc mw's�m+m runmawn mw.ns:a.41y�vmsx solnl un BID SUMMARY FOR BID OPENING APRIL 23,2013 APPARENT LOW BIDDER 2 3 Banyan Street sidewalk and pavement rehab.-Etiwanda Ave. to 850'w/o East Ave. ENGINEER'S ESTIMATE AR A aeriean Asphalt Gentry Brothers Inc Laird Construction Co Inc I UNIT UNIT Bm UNIT C D am PO Q3Y UNIT DESCRIPTION COST AMOUNT COST AMOUNT Cc" ( "Court UNIT COST "OUNT Clearing&grubbing(include all mist. removals such as rock wall,railroad 25,000.00 S 25,000.00 $43,500.00 $43,500.00 $59,000.00 $59,000.00 $50,048.50 $50,048.50 ties, 'irrigation lines,chain link fence 1 1 LS etc.,excavation,Eradieg and disposal) Asphalt Rubber Hot Mix(ARHM)overlay I10.00 $73,700.00 $92.00 $61,640.00 $82.00 $54,940.00 $70.00 $46,900.00 (include performance spec cations N 2 670 TONS 302-9 3 339 TONS Crushed aggregate base 50.00 $16,950.00 $31.00 $10,509.00 $30.00 $10,170.00 $35.00 $11,865.00 41 224 TONS Asphalt concrete base course 90,00 $20,160,00 $71.001 $15,904.00 $65.00 $14,560.00 $60.00 $13,440.00 5 1950 SY Cold planing 2.00 $3.900.00 $4.00 $7,800.00 $3.00 $5,850.00 $2.50 $4,875.00 PCC driveway approach per Std.Cog. 12.00 S20,484.00 $5.30) $9,047.10 $5.00 $8,535.00 $5.50 $9,388.50 6 1707 SF No. 104 7 8500 SF PCC sidewalk per Sol.Dw . No. 103 6.00 $51 000.00 $3.601 $30,600.00 $4.501 $38 250.00 $3.75 $31,875.00 8 2250 SF6"PCC driveway r plan 10.00 $22500.00 $4.201 $9,450.00 $4.501 $10125.00 $5.501 $12,375.00 Remove and relocate grouted rock wall at back of sidewalk to match existing 4,000.00 S 4,000.00 $9,000.00 $9,000.00 $3,000.00 $3,000.00 $5,000.00 $5,000.00 9 1 LS See Sheet 4 8"PCC curb and 24"gutter per Std. 30.00 $42,000.00 $19.00 $26,600.00 $21.00 $29,400.00 $25.00 $35,000.00 10 1400 LF Dw .No. 109 Connect and install 20'i 3"dia.Pipe 500.00 S500.00 $600.001 $600.00 $300.001 $300.00 $500.001 $500.00 11 1 LS and install 3"dia.Undersidewalk drain Remove and replace existing mailbox to a new white Gibralter pedestal mailbox 550.00 S3,300.00 $475.00 $2,850.00 $400.00 $2,400.00 $500.00 $3,000.00 and post combo,Model PEDOOOW, 12 6 EA complete in place Remove and relocate existing mailbox including custom rock pedestal, 1,800.00 $1,800.00 $850.00 $850.00 $900.00 $900.00 $1,000.00 $1,000.00 13 1 EA complete in place 14 2 EA Remove tree 500.00 $1000.00 $400.00 $800.00 $1,500.001 $3000.00 $750.001 $1500.00 Plug and relocate affected irrigation 1,000.00 $1,000.00 $4,500.00 $4,500.00 $5,000.001 $5,000.00 $500.001 $500.00 15 1 IS lines and valves 16 5 EA Adjust water valve to grade 150.00 $750.00 $100.001 $500.00 $50.001 $250.00 $50.001 $250.00 17 3 EA Adjust water meter to grade 300.00 $900.00 $500.00 $! 500.00 $50.001 $150.00 $250.001 $750.00 Signing,striping pl n,c pavement 12,000.00 $12,000.00 $14,000.00 $14,000.00 $8,500.00 $8,500.00 $7,500.00 $7,500.00 18 1 LS markings per tan,complete in lace Install construction signs(see Specs 1,000.00 S2,000.00 $1,000.00 $2,000.00 $400.00 $800.00 $1,000.00 $2,000.00 19 2 EA Appendix for Detail 20 7 EA Install inductive loops detector 350,00 S2,450.00 $350.001 $2,450.00 $300.001 $2,100.00 $500.001 $3,500.00 21 1 LS Traffic Control 10,000.00 $10,000.00 $13899.901 $13899.90 $15000.001 $15000.00 $35000.001 $35,000.00 TOTAL I $316,394.00 $265,000.00{d75 M 1R $272,230.00 $276,265.00 1 BID SUMMARY FOR BID OPENING APRIL 23,2013 4 5 6 Banyan Street sidewalk and pavement rehab.-Etiwanda Ave. to 850'w/o East Ave. Haiti rink Asphalt Paving Inc Hud &Hu <r Inc JDC Inc I UNIT BED UNIT am SO QTY UNIT DESCRIPTION COST "enter CAN T D ORF COST A6tOOflT O."OUNTD COST ANOOAT Clearing&grubbing(include all mist. removals such as rock wall,railroad 52,478.00 $ 52,478.00 S 52,478.00 $30,000.00 $30,000.00 $30,000.00$160,000.00 $160,000.00 ties,irrigation lines,chain link fence 1 1 j etc.,excavation,grading and disposal) Asphalt Rubber Hot Mix(ARHM(overlay(include performance specifications in 94.98 $ 63,636.00 $63,636.60 $95.00 $64,505.00 $63,650.00 $105.00 $70,350.00 2 670 TONS 302-9 3 339 TONS Crushed asucregate base 35.17 $ 11,922.63I $11,922.63 $55.00 $18,645.001 $18,64&00 $65.001 $22,035.00 4 224 TONS Asphalt concrete base course 91.10 $ 20,406.40 I $20,406.40 $85.00 $19,040.00I $19,040.00 $95.00 $21,280.00 5 1950 SY Cold planing 3.85 $ 7,507.501 $7,507.50 $3.001 $5,850.001 $5,850.00 $4.00 $7,800.00 FCC driveway approach per Std.Dwg. 9.27 $ 7,507.50 1 $15,823.89 $8.001$13,656.001 $13,656.00 $4.30 $7,340.10 6 1707 SF No. 104 7 8500 SF FCC sidewalk per Std.Dw .No. 103 3.86 $ 32 810.00 1 S32,810.00 $6.00 $51 000.001 $51 000.00 $3.651 $31 025.00 8 2250 SF 6"FCC driveway r plan 9.27 $ 20,857.50 S20,857.50 $8.00 $18 000.001 $18 000.00 $4.30 $9 675.00 Remove and relocate grouted rack wall at back of sidewalk to match existing 5,500.00 $ 5,500.00 S 5,500.00 $24,000.00 $24,000.00 $24,000.00 $7,800.00 $7,800.00 9 I LS See Sheet 4 8"PCC curb and 24"gutter per Std. 22.97 $ 32,158.00 $32,158.00 $45.00 $63,000.00 $63,000.00 $22.75 $31,850.00 10 1400 LF Dw . No. 104 Connect and install 20 2 3"dla. Pipe 500.00 $ 500.00 $500.00 $7,000.00 $7,000.00 $7,000.00 $1,500.00 $1.500.00 11 1 LS and install 3"dia.Undersidewalk drain Remove and replace existing mailbox to a new white Gibralter pedestal mailbox 495.00 $ 2,970.00 S2,970.00 $500.00 $3,000.00 $3,000.00 $400.00 $2,400.00 and post combo,Model PEDOOOW, 12 6 EA complete in place Remove and relocate existing madbox including custom rock pedestal, 500.00 $ 500.00 $500.00 $2,000.00 $2,000.00 $2,000.00 $1,200.00 $1,200.00 13 1 EA complete in place 14 2 EA Remove tree 495.00 $ 2,970.00 $990.00 $2 000.001 $4 000.00 $4 000.00 $600.001 $1,200.00 Plug and relocate affected irrigation 6.000.00 $ 6,000.00 1 S6,000.00 $5,000.001 $5,000.00 $5,000.00 $3,500.001 $3,500.00 15 1 LS lines and valves 16 5 EA Adjust water valve to grade 250.00 $ 1,250.00 S1,250.00 $600.001 $3 000.001 $3,000.00 $250.001 $1,250.00 17 3 EA Adjust water meter to grade 600.00 $ 1,800.001 S1,800.00 $600.001 $1,800.001 $1800.00 $250.001 $750.00 Signing,sta plan,complete in lace pavement 18 1 LS markings r 9,200.00 $ 9,200.00 1 S9,200.00 $23,804.001$23,804.001 $23,804.00 $9,700.001 $9,700.00 Ian,t Install construction signs(see Specs 800.00 $ 800.00 I $1,600.00 $100.001 $200.00 $200.00 $500.001 $1,000.00 19 2 EA Appendix for Detail 20 7 EA Install inductive loops detector 412.50 $ 2,887.50 1 S2,887.50 $500.001 $3 500.001 $3 500.00 $400.001 $2,800.00 21 1 LS Traffic Control 3,500.00 $ 3,500.00 1 S3,500.00 $16 000.001$16 000.001 $16 000.00 $5 000.001 $5,000.00 TOTAL I $294,288,021 $294,298.02 A177,000.001 $376.145.00 $399,455.30 2 P96 STAFF REPORT - , ENGINEERING SERVICISS DEPARTMENT Date: May 15, 2013 RANCHO C,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walter C. Stickney, Associate Engineer Ll( Subject: APPROVAL OF THE MULTI-USE TRAIL COMMON USE AGREEMENT — AMENDMENT NO. 2, FOR THE CITY'S USE OF THE COUNTY'S CUCAMONGA CREEK CHANNEL'S RIGHT-OF-WAY, AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT RECOMMENDATION Staff recommends the City Council approve the attached Common Use Agreement, Amendment No. 2, for the City's use of the County's Cucamonga Creek Channel's right-of-way, and authorize the Mayor to sign all four copies of the Agreement. BACKGROUND/ANALYSIS In 1993, the City of Rancho Cucamonga and the San Bernardino County Flood Control District (SBCFCD) executed a Memorandum of Understanding (MOU), Contract No. 93-20, in which the parties agreed to cooperate in the development of a multi-use trail system within portions of the SBCFCD right-of-way in the City. That MOU stipulated that "individual portions of the approved conceptual plan shall be accomplished under separate agreement". The MOU has since become a Common Use Agreement, approved by both agencies in 2010. The agreement set forth the Deer Creek and Day Creek channels between Base Line Road and Highland Avenue as common use areas, available for City use in its trail network. In 2012 the agencies approved Amendment No. 1, which added a portion of the Cucamonga Creek Channel maintenance road to the City's trail network. This portion of the channel facilitated the connection from the Pacific Electric Trail with the Cucamonga Creek bike path, which is located on the west side of that channel and extends from Foothill Boulevard to Base Line Road. This action before you would approve Amendment No. 2 to the agreement which will formally add the Cucamonga Creek bike path to the City's trail network within the County right-of-way. The Cucamonga Creek bike path was constructed in 2009 by the City, prior to the Common Use Agreement being approved by both agencies. This action will add those bike path improvements under the umbrella of that Common Use Agreement. With the success of the City's trail network, including the Pacific Electric Trail, the County has proved to be an excellent partner with the City toward the expansion of Rancho Cucamonga's trail network. pectfu bmitted, er Director of Engineering Services/City Engineer MASANCS:ls P97 NA DR r' i HILLSI E RD i ILL IDE R i h y ILSO AV WILSON AV JLSON V EEC I1 BANV N ST Q < 2 \ y r w 121 OFR 1210 127 z w w a rc w < Su ¢ Z V CTORI U 2 CHU CH S CHU CH S Q c F OTHIL BL y r ( < CIVIC CS R >i rrr y a ARRC W RT p TH ST JERS4ST - BA$E 4 7 H ST HST6TH ST 4ILII > ! a-4----- -, of i i � z m1 QI 12 /✓ QI = 1 \.� LU Qi 0I II Wi LOCATION FOOTHILL >— ; — f -- - - - - - - --- wlID> I >> j 0 % i Vicinity Map City/County Common Use Agreement Amendment No. 2 Cucamonga Creek Bike Path FOR COUNTY USE ONLY �p011TY f/pp E I NewVendor Code Dept. Contract Number 8 � MChange ^� 097 ox Cancel J H o County Department Dept. Orgn. Contractor's License No. Flood Control District 097 097 s ti�<CIrOft Flood Control District Contract Representative Ph. Ext. Amount of Contract Mp Kenneth C. Eke 7-7995 SAN BERNARDINO COUNTY Fund Dept. Organization Appr. Obj/Rev Source I Activity GRC/PROJ/JOB Number FLOOD CONTROL DISTRICT Commodity Code Estimated Payment Total by Fiscal Year F A S FY Amount I/D FY Amount I/D STANDARD CONTRACT Project Name CILIA- CITY OF RANCHO CUCAMONGA _ MULTI-USE TRAIL SYSTEM AMENDMENT NO.2 THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District, hereinafter called the DISTRICT, and Name CITY OF RANCHO CUCAMONGA hereinafter called CITY Address 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA,CA 91730 Phone Birth Date (909)477-2740 Federal ID No.or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: CITY OF RANCHO CUCAMONGA MULTI-USE TRAIL - COMMON USE AGREEMENT -AMENDMENT NO. 2 WITNESSETH WHEREAS, on January 11, 1993, DISTRICT and CITY previously executed Memorandum of Understanding (MOU), Contract No. 93-20, in which the parties agreed to cooperate in the development of a multi-use trail system within portions of DISTRICT right-of-way in the CITY, and WHEREAS, the MOU stipulates that "individual portions of the approved conceptual plan shall be accomplished under a separate agreement.......", and WHEREAS, DISTRICT and CITY on January 26, 2010, executed Common Use Agreement, Contract No. 10- 53, hereby incorporated by reference, for a recreational multi-use community trail along portions of Day Creek and Deer Creek Channels, and WHEREAS, DISTRICT and CITY on June 28, 2011, executed Amendment No. 1 to Common Use Agreement, Contract No. 10-53, hereby incorporated by reference, to add a segment of a recreational multi-use community trail system along District's Cucamonga Channel, from the previous alignment of the Southern Pacific Railroad to Red Hill Country Club Drive (Area of Common Use No. 2), and WHEREAS, DISTRICT issued Construction Permit No. P-12006076 to CITY to develop a multi-use community trail along DISTRICT's Cucamonga Channel from Foothill Boulevard to Baseline Road per construction plans prepared and approved by CITY, and Page 1 of 2 WHEREAS, CITY has constructed within DISTRICT right-of-way (AREA OF COMMON USE NO. 3) for Clbiq g a multi-use community trail, (hereinafter called "CITY IMPROVEMENTS NO. 3"), which improvements are shown oIT the attached plans, marked "Exhibit E" and incorporated herein by reference, and said AREA OF COMMON USE NO: 3 is shown on the attached map, marked "Exhibit F and incorporated herein by reference, and WHEREAS, DISTRICT and CITY concur that CITY IMPROVEMENTS NO. 3 in AREA OF COMMON USE NO. 3 constitute an additional reach of the multi-use trail system and desire to amend the existing Common Use Agreement, Contract No. 10-53, to address CITY IMPROVEMENTS NO. 3 located in AREA OF COMMON USE NO. 3. NOW, THEREFORE, IT IS UNDERSTOOD AND MUTUALLY AGREED AS FOLLOWS: 1. DISTRICT and CITY amend the existing Common Use Agreement to include CITY IMPROVEMENTS NO. 3 located in AREA OF COMMON USE NO. 3 as shown on "Exhibit E" attached hereto and made a part hereof. 2. DISTRICT and CITY agree that all terms and conditions of the existing Common Use Agreement shall also apply to CITY IMPROVEMENTS NO. 3 located in AREA OF COMMON USE NO. 3. 3. The definitions of CITY IMPROVEMENTS and AREA OF COMMON USE used in the Common Use Agreement are amended to include CITY IMPROVEMENTS NO. 3 and AREA OF COMMON USE NO. 3., defined herein. This Amendment No. 2 shall take effect on the date it is signed by both parties. This Amendment No. 2 shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused the respective names to be hereunto subscribed and their respective seals to be hereunto affixed by their respective proper officers thereunto duly authorized. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT CITY OF RANCHO CUCAMONGA ► ► Janice Rutherford, Chair, Board of Directors By (Authorized Signature) Dated Name L. Dennis Michael i Title Mayor SIGNED AND CERTIFIED THAT A COPY OF THIS Dated DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Address 10500 Civic Center Drive Laura H. Welch, Secretary Rancho Cucamonga, CA 91730 Approved as to Legal Form By Richards, Watson & Gershon Deputy ATTESTED Ill Janice C. Reynolds, City Clerk Approved as to Legal Form (sign in blue ink) Reviewed as to Contract Compliance Presented to Board for Signature ► ► ► County Counsel Date Date Date Page 2 of—2— --- - - - - -- P100 n ' o 0 E a vr t 9�R E e € �d�t6; lip }5 jg @y7 Ei5 ¢ e p`99ikigk4 Lu m < w W o W Q W o m a o sly \I` O O J �_I Q 0W k3 j ) as 3Hn 3wi t) ;, t Y��zi I �5 •. S6 5[ (.F I�P� �1�� 11W tjc N tf'-tEt'7 110 p�, }!t)Yt SE.i' !�i!§ t �I! i�s� sc•l��g d�, a� i' r ��.qo 3 - - - -- -- - P101 3 i _ xYg II — m Wo L 11 M0139 33S f 133HS 33S 3NIl HDI1 _ 3NI1 HJIVm ¢ E E z 55 \ Yif I 1 Hv1 cat RED I 1 t 4\\ \ l l 11 F p E ff6 I I ; r{fill.- la� 11 E a° a��6F • I I at ��13 �s , •r� ��i�r3a ,, I I , _ x FDpro I IH`JI9 3AO9 33S WI H31" - - - - - -- P102 r i 3J gg 99 aI r.W R cLo i 11 M0130 335 4 133H5 3 ' 3NIl HO1VW 3Nfl HOl 0 w E 1 7r Ea oz t E i I 0A I II a li ' Ip I � I�Y ( I I I I ! 1 !I 121 � I Y ! 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JSf, FP - LL -p- c' 6�M© - �� C tom' t`4,.,. r LLI�� �!• _ • . �b'' , Jro co VA Ln V f'.(1 Tin 0,.s j _ S�«�.,,�`,�.• � I�-•r,r ydji�� � o y ao In S 8!lr,� rJ '"P P105 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: May 15, 2013 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician Subject: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 17651 AND 18708, LOCATED ON THE SOUTH SIDE OF BANYAN STREET, EAST OF EAST AVENUE,SUBMITTED BY K.HOVANIAN AT ANDALUSIA, LLC RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 17651 & 18708 were approved by the City Council on March 2, 2011, in the following amounts: Faithful Performance Bond: $ 2,111,500.00 Labor and Material Bond: $ 2,111,500.00 Monumentation Cash Deposit $ 5,868.00 Because of slow home sales, the developer, K.Hovnanian at Andalusia, LLC, is requesting approval of a 12-month extension on said improvement agreement. Residential development (Tract 17651 & 18708) No. of lots: 63 Estimated percentage of completed public improvements: 68% No. of occupied lots: 41 No. of lot currently in construction: 11 Copies of the Improvement Agreement Extension are available in the City Clerk's office. R submitted, Mark A. uer Director of Engineering Services/City Engineer MAS:CC/rlf Attachment(s) P1O6 RESOLUTION NO. 13-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TR 17651 & 18708 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on April 17, 2013, by K.Hovanian at Andalusia, LLC, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the south side of Banyan Street, east of East Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 18032; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. Resolution No. 13-061 P107 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: May 15, 2013 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician Subject: ACCEPT IMPROVEMENTS AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS (TRAFFIC SIGNAL) FOR TRACT 17651 AND 18708, LOCATED ON THE SOUTH SIDE OF BANYAN STREET, EAST OF EAST AVENUE, SUBMITTED BY K.HOVANIAN AT ANDALUSIA, LLC RECOMMENDATION The required traffic signal improvements for Tract 17651 and 18708 have been completed in an acceptable manner and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion. BACKGROUND/ANALYSIS As a condition of approval of completion of Tract 17651 and 18708, located on the south side of Banyan Street, east of East Avenue, the applicant was required to install related public improvements. Traffic signal public improvements required of this development have been completed to the standards of the City. The traffic signal installed by this development on Banyan Street has been fully operational for several months. Staff feels since this is servicing the general public and is 100% complete acceptance of these facilities ahead of the whole subdivision improvements is appropriate ZR ppectfullyitted, Director of Engineering Services/City Engineer MAS:CC/rlf Attachment(s) P108 RESOLUTION NO. 13-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS (TRAFFIC SIGNAL) FOR TRACT 17651 AND 18708 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of traffic signal improvements for Tract 17651 and 18708 has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. Resolution No. 13-062 P109 STAFF REPORT - CITY MANAGER'S OFFICE RANCHO Date: May 15, 2013 C,UCAMONGA To: Mayor and Members of the City Council From: John R. Gillison, City Manager By: Tamara L. Layne, Finance Director Subject: RECEIVE QUARTERLY BUDGET UPDATE REPORT RECOMMENDATION Staff requests that the City Council receive and file the attached Third Quarter Budget Report Card for the quarter ended March 31, 2013. The report is intended to provide the City Council with a brief update on the budgetary performance of the City's operating funds which include the City General Fund, the Library Fund, and the Fire District Operating Funds. I:\finance\budget2013\quarter1y budget updates to CC\staff report-3Q1213 budget update.doc _ Pilo City of Rancho Cucamonga i_. Fiscal Year 2012/13 RAMON Third Quarter Budget Report Card CRc CH cn OVERVIEW Y: TD. u a . u'Expenditmes Bdg „Ac Exp/Enc Administrative Services 6,914,540 4,690,956 69% This report summarizes the City's overall financial Animal Care and services 2,671,300 1,952,723 73% position for the fiscal year through March 31, 2013. Building and Safety 2,688,750 2,072,358 77% The focus of this report is the City's operating budget City clerk 2,300 1,580 697/. City Council 136,460 90,095 66% which is comprised of the City General Fund, the City Management 1,034,840 727,492 70% Library Fund, and the Fire District Operating Funds. Community Development 145,240 109,373 1 75% The revenue projections and budgets include Community services 4,158,140 3,094,255 74% necessaryadjustments for encumbrances, carryovers, Engineering 1,692,420 1,368,44 81% J Y Planning 1,692,420 1,368,448 81 and any supplemental appropriations made by the Police 29,033,740 22,097,498 76% City Council as of March 31, 2013, including the Public Works 8,962,150 7,105,328 79% effects of the recently adopted FY 2012/13 Amended Records Management 532,070 229,645 43% Budget. Factors contributing to a slightly higher percentage GENERAL FUND expended/encumbered in some of the departmental. budgets include the following: 1) some contracts cover the entire fiscal year and must be fully General Fund Financial Condition. With 75% of encumbered with a purchase order at the beginning of the year complete, General Fund expenditures are at the fiscal year; and 2) certain overhead cost 68% of projections (compared to 68% in the prior allocations are completely allocated at the beginning year) and revenues are at 57% (compared to 56% in of the fiscal year. the prior year). Both expenditures and revenues are explained in more detail below. Some additional savings may occur by the end of the fiscal year due to less than anticipated costs for the G'eneraPFtihd', ° %'BudT et* ` ',YTD'Acival*** Percent November 2012 election. Revenues 1 $ 65,452,850 1 $37,401,167 57% Ex enditures 1 $ 62,551,050 1 $42,239,798 68% Top Seven Revenues. The City's top seven *Includes carryover purchase orders revenues account for about 89% of total General The expenditures budget and YTD actual figures Fund revenues (compared to 87% in the prior year). Following is a summary of these revenues as the end above include carryover purchase orders from the of the third quarter: prior fiscal year and one-time expenditures from reserves for target programs such as Spay/Neuter ,>,_ v r'YTo special events planned for the fiscal year. Excluding To seven Reveiues` eua get , Anmal Received these charges, the City adopted a balanced budget for sales tax 26,292,740 15,377,196 58% Fiscal Year 2012/13. The budgetary comparisons FrVehicleFranchise license fees* 15,878,580 1,756,832 50% included in this report reflect the FY 2012/13 Franchise fees 4,698,320 3,438,393 73% 13 Property tax 4,698,320 3,438,393 73% Amended Budget recently approved by the City Development fees 2,831,540 2,276,903 so% Council. Business licenses 2,140,000 1,555,761 73% Trans.occupancy taxes 2,120,180 1,519,830 1 72% 'Includes Property tax in-lieu of VLF Expenditures. Departmental operating expenditures are generally on target as of the end of the third Sales Tax. Results to date are closer to budget quarter as summarized as follows: estimates than it appears. Due to the "Triple Flip," we only receive 75% of our base revenues from State allocations; the remaining 25% is remitted to us from P111 City of Rancho Cucamonga Fiscal Year 2012/13 I- R""°"° Third Quarter Budget Report Card CucAMONCA the County in February and June via a complicated California Gas Company — until April 2013. estimating formula. The City has not yet received its Although the franchise fees should be arriving June distribution from the County as of the end of the shortly, as of the date of this report, they had not yet third quarter. Additionally, due to the timing of our been received. Franchise fees from other utilities are receipts from the State, as of the end of the third remitted approximately 30 days after the end of each quarter, we have received seven months' allocation quarter. Franchise fees from other utilities are in line of sales tax revenues from the State and eight with overall budget estimates for this point in the months' allocation of Prop 172 revenues with nine fiscal year. months of the fiscal year being completed. Therefore, the percentage received for sales tax is Property Tax. The first major apportionment of taxes only at 58% of our budgeted revenues as of the end occurred in December with the second major of the third quarter which is consistent with the prior apportionment to occur in April. It should be noted year. Based on discussions with the City's sales tax that the current year's Amended Budget includes consultant, it appears our sales tax revenues are additional post-RDA property tax revenues of continuing to grow from the prior year. Revenues are $787,570 due to the State's elimination of projected to equal or slightly exceed the Amended redevelopment agencies in February 2012. This Budget by the end of the fiscal year. portion of the City's property taxes is allocated in January and June as part of the County of San Vehicle License Fees (VLF). As of the end of the Bernardino's distribution of the Redevelopment third quarter, we have only received one Property Tax Trust Fund (RPTTF). disbursement of VLF from the State which related to excess amounts collected for Fiscal Year 2011/12. Development Fees. Development revenues are This is consistent with the prior year. As a result of coming in as anticipated for the most part with SB89 in the prior year, the State took away city VLF collection percentages ranging from 70% to 86%. It revenue to save State law enforcement grant should be noted that development fees are not programs. The League of California Cities filed a received in a linear or proportional manner petition in the Sacramento County Superior Court in throughout the fiscal year the prior fiscal year challenging the constitutionality of the State's diversion of vehicle license fee (VLF) Business Licenses. Business license revenues are on revenues through SB 89 and AB 118 as part of the track with the Amended Budget which was slightly Fiscal Year 2011/12 budget. Unfortunately, in March reduced from the Adopted Budget. Staff increased 2013, the petition was denied. Staff will continue to efforts during recent months into the data sharing track any new developments in this area regarding agreement with the State Board of Equalization potential appeals, etc. In spite of the State's (SBOE) to increase Business License revenues. The takeaway of the City's VLF, we will continue to data obtained from the SBOE assists staff with receive the property tax in-lieu of VLF in February identifying potentially unlicensed businesses and June. Based on correspondence from the operating within the City. County, it is anticipated that revenues will come in at the level anticipated in the Amended Budget which is Transient Occupancy Taxes. TOT revenues are slightly higher than anticipated in the Adopted performing consistently with projections and are Budget. slightly higher than at this time last year. Franchise Fees. We will not receive the largest components of franchise fee revenues — payments from Southern California Edison and Southern P112 City of Rancho Cucamonga ;MCH6 Fiscal Year 2012/13 Third Quarter Budget Report Card LIBRARY FUND Fire District"- „ti;i,Bdd'et*i `: I YTD'Actual* Percent Revenues 1 $26,591,400 1 $14,872,045 56% Library Fund Financial Condition. As of the end lExpenditures 1 $27,292,980 1 $18,925,061 69% of the third quarter, Library revenues are at 45% of *Includes carryover purchase orders projections (compared to 55% in the prior year) and expenditures are at 70% (compared to 70% in the Property tax comprises approximately 88% of the prior year). Fire District's operating budget (compared to 82% in the prior year) which includes the General Fund, Libii Fund��I +�Bu i e't*' YTD7Aotual*..Percent CFD 85-1, and CFD 88-1. The first major Revenues $ 3,849,660 $ 1,740,243 45% apportionment of taxes occurred in December. It Expenditures $ 3,949,580 $ 2,762,710 70% should be noted that the current year's budget *Includes carryover purchase orders includes additional post-RDA property tax revenues of $2,466,380 due to the State's elimination of Property tax makes up approximately 85% of the redevelopment agencies in February 2012. In prior Library Fund's budget (compared to 83% in the prior years, these revenues were transferred directly from year). As noted above, the first major apportionment the Redevelopment Agency to the Fire District and of 2012/13 taxes occurred in December 2012. The were previously categorized as an operating transfer Library's property tax revenues, however, also in. With the elimination of the Redevelopment include a pass-through from the former Agency, the revenue will now be distributed by the Redevelopment Agency. This pass-through County out of its Redevelopment Property Tax Trust represents approximately 32% of the Library's Fund (RPTTF) to the Fire District and will be property tax revenues and is scheduled for receipt in categorized as property tax revenue. This change in January and June as part of the County's distribution revenue category results in a higher percentage of the of the Redevelopment Property Tax Trust Fund Fire District's revenues coming from property taxes (RPTTF). It should be noted that the current year's compared to the prior year. As noted above, these budget includes additional post-RDA property tax revenues are scheduled for receipt in January and revenues of $136,480 due to the State's elimination June. of redevelopment agencies in February 2012. These revenues will also be distributed from the RPTTF. The Fire District anticipates the usage of$701,580 in reserves primarily for refunds made to property The Library anticipates the usage of $112,940 in owners in CFD 85-1, with some usage for carryover reserves ($86,650 of which was incorporated into the purchase orders and employee leave donations. FY 2012/13 Adopted Budget). The Fire District's expenditures are on track as of the The Library's expenditures are on track as of the end end of the third quarter. of the third quarter. SUMMARY FIRE DISTRICT Overall, the City's operating budget for expenditures Fire District Financial Condition. With 75% of the is performing well as of the end of the third quarter year complete, Fire District operating revenues are at and is consistent with the prior year. Generally, 56% of projections (compared to 57% in the prior revenues are on track or slightly ahead of projections year) and expenditures are at 69% (compared to 52% and expenditures are on track with or slightly below in the prior year). historical norms. Some usage of reserves is included primarily to fund non-recurring expenditures. P113 STAFF REPORT PL,iNNING DEPARTMENT 91 Date: May 15, 2013 RANCHO CUCAMONGA To: John R. Gillison, City Manager Mayor and Members of the City Council From: Candyce Burnett, Planning Manager By: Mayuko Nakajima, Assistant Planner Subject: UPDATE ON THE CHINATOWN HOUSE (HISTORICALLY DESIGNATED PROPERTY) LOCATED AT 9591 SAN BERNARDINO ROAD BACKGROUND: Cucamonga Valley Water District (CVWD) approached the City in 2010 to express their intent to demolish the Chinatown House due to its deteriorating condition and inability to find an economically feasible use for the structure. Over the years, the structure of the Chinatown House has deteriorated to an unstable condition due to age, weathering, its method of construction, and lack of maintenance and upgrades. There are significant gaps in the masonry caused by erosion of the mortar and substantial cracks in all walls of the structure causing interior and exterior wall failure. Many sections of the walls are breaking away from the light framework, and the porch roofs are collapsing according to the Building Survey Report prepared for the site by Anderson Design Group dated October 1, 2010. The City's Building and Safety Official reviewed the Building Survey Report, personally conducted a field inspection of the property and concurred with the assessment that the structure is a "public hazard/nuisance" and that it should be demolished. CHRONOLOGY: October 11, 2011 - Staff sent a notice letter to the CVWD indicating that the property was in poor condition and failed to be in conformance with the updated Historic Preservation Ordinance. May 23, 2012 - Staff gave an update to the Commission regarding the deteriorating condition of the Chinatown House and its likely demise. June 6, 2012 - Staff met with CVWD to further discuss the condition of the structure and possible options. CVWD informed staff that they were in the process of securing a historic consultant to prepare a cultural survey of the structure. October 9, 2012 - CVWD Board authorized $32,000 to provide funding for a formal documentation of the structure and to provide appropriate mitigation measures for the demolition of the structure. December 6, 2012 - The City's Building and Safety Official inspected the property again and determined that the structure was an unsafe structure and unsafe to occupy pursuant to the Uniform Code for the Abatement of Dangerous Building (UCABD) Section 302 and Section 2.24.190 of the City's Historic Preservation Ordinance. P114 UPDATE ON CHINATOWN HOUSE (HISTORICALLY DESIGNATED PROPERTY) LOCATED AT 9591 SAN BERNARDINO ROAD May 15, 2013 December 12, 2012 - The structure was "red-tagged" and a Notice and Order was sent to the CVWD of the need to remediate the dangerous condition within 60 days (Attachment A). January 9, 2013 - A delegation of ten speakers representing the Chinese American Cultural Alliance (CACA), the Chinese Historical Society of Southern California, and the Asian and Pacific Islander Americans in Historic Preservation (APIAHIP) spoke to the Historic Preservation Commission regarding their request to delay the demolition of the Chinatown House to explore possible alternatives such as relocation, temporary stabilization, and preservation. a. The City then granted CVWD's request for a 60-day extension of the deadline to comply with the Building and Safety Official order on the condition that CVWD take additional steps to secure the site. b. This additional time was granted to allow CVWD to work with members of the public regarding the possibility of preserving or mitigating the loss of the structure. Any plans to remediate the dangerous condition would need to include emergency stabilization of the structure. c. If no action was taken by the new deadline, (April 11, 2013) then demolition is necessary to protect the public safety. April 4, 2013 - The Initial Study for the Chinatown House was released for the 20 day circulation period. Staff determined that, with the imposition of mitigation measures related to, for example, cultural resources, air quality (including greenhouse gases); there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Staff received several comments from the public and various agencies expressing their concerns with the CEQA process and that a full EIR was necessary. April 24, 2013 - At the Historic Preservation Commission public hearing, staff recommended that the Commission adopt the Mitigated Negative Declaration regarding the proposed demolition of the Chinatown House and provide advice to the Building Official. After lengthy discussion, the Commission ended the meeting with a motion to: reject the Mitigated Negative Declaration (5-0), and another motion to advise the Building Official to delay the demolition of the Chinatown House until an EIR is prepared and in the mean time, directed the property owner to implement an emergency stabilization plan for the structure (5-0). Details can be viewed in the staff report and minutes from that meeting (Attachment B and C). P115 UPDATE ON CHINATOWN HOUSE (HISTORICALLY DESIGNATED PROPERTY) LOCATED AT 9591 SAN BERNARDINO ROAD May 15, 2013 April 25, 2013 - Staff sent a routine Historic Preservation Commission follow-up letter to CVWD advising the Historic Preservation Commission action on April 24, 2013 (Attachment D). May 2, 2013 - The Building and Safety Official sent a new Notice and Order letter (Attachment E). May 6, 2013 - The City received a letter from the CVWD with a request to appeal the Commission decision (Attachment F). The appeal is scheduled for the June 19, 2013 City Council meeting. Next Steps: Staff will properly notice the appeal item for the June 19, 2013 City Council meeting. Respectfully submitted, Caw & Candyce Burnett MA) Planning Manager CB:MN/Is Exhibits: A — Building and Safety Official's Notice and Order letter dated December 12, 2012) B — Staff report from April 24, 2013 Historic Preservation Commission meeting with selected Exhibits C — Minutes from April 24, 2013 Historic Preservation Commission meeting D — Historic Preservation Commission follow-up letter dated April 24, 2013 (Attachment D). E — New Notice and Order letter dated May 2, 2013 F —Appeal request letter dated May 6, 2013 c: Linda Daniels, Assistant City Manager Trang Huynh, Building and Safety Official P116 Mayor L. DENNIS MICNAEL•Mayo/ProTtm SAM SPAGNOLO jI ``„ _ e Council Memben WILLIAM J. ALEXANDER CHUCK Buqum-, DIANE WILLIAMS )) Ciry MdWgex JOHN R.GILLISON THE CITY OF RANCHO CUCAMONGA RANCHO CUCAMONGA December 12, 2012 NOTICE AND ORDER Owner: Cucamonga Valley Water District 10440 Ashford Street Rancho Cucamonga, CA 91730 Properly Address: 9591 San Bernardino Road Rancho Cucamonga, CA 91730 (China House) APN: 0208-15-124-0000 AN INSPECTION OF THE PROPERTY ON DECEMBER 6, 2012 REVEALED THE FOLLOWING: The Building and Safety Services Director, acting pursuant to the Uniform Code for the Abatement of Dangerous Building, (UCABD), Section 302, has found the structure(s) on the property to be dangerous. • The roof diaphragm and framing providing structural stability for the building are badly damaged and disconnected from the exterior walls. • Exterior bearing walls have signs of major cracking, movement and deterioration to the point that the structural integrity is very unstable and it is subject to a complete collapse. • Exterior porches have been separated from the exterior walls of the building and they are incapable to resist the lateral forces from wind and earthquake. • The overall structural condition of the building is unsafe, damaged, settled to the extent that the structural strength and stability is materially less than the minimum requirements of the building code. • The conditions of the building/structure at the site meet the requirements and definitions of Section 302 (4), (5), (6), (7), (8), (9), (10), (I1), (12), (17) of the UCADB as the dangerous building. Therefore, this Notice and Order serve as a notice to the owner of the building that the Building and Safety Services Director requires the following action to be taken: 10500 Civic Cen EX!""I I B I Y A )8I17• rcl(909)477-2700•Pax(909)477-2849•iv ,.CityofRC.tu' P117 Notice and Order China House APN 0208-15.124-0000 Page 2 • The building/structure must be demolished within 60 days from the date of service of this Notice. The owner of the building shall obtain appropriate permits of demolition from the City. The Owner who has the record title or legal interest may appeal this Notice, provided the Appeal is made in writing and filed with the Building and Safety Services Director within 30 days from the date of service of this Notice. Failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter. For additional information, you can contact the undersigned official at (909)477-2710, extension 4201. Sincerely, ? I Trang Huynh, P.E. Building and Safety Services Director City of Rancho Cucamonga Email: thuynhncitvofrc.us cc: Mark Berg, Building Inspection Supervisor 1997 ABATEMENT OF DANGEROUS BUILDINGS 301 P118 302 Chapter 3 DEFINITIONS SECTION 301 —GENERAL 7. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural For the purpose of this code, certain terms, phrases, words and portions have materially less resistance to winds or earthquakes their derivatives shall be construed as specified in either this chap- than is required in the case ot'similar new construction. ter or as specified in the Building Code or the Housing Code. Where terns are not defined, they shall have their ordinary ac- 8. Whenever the building or structure,or any portion thereof, copied meanings within the context with which they are used. because of(i)dilapidation,deterioration or decay;(ii)faulty eon- Webster's Third New International Dictionary of the English Lan- struction;(iii)the removal,movement or instability of any portion garage, Unabi idgrd,copyright 1986,shall be construed as provid- of the ground necessary for the purpose of supporting such build- ing ordinary accepted meanings. Words used in the singular ring; (iv)the deterioration,decay or inadequacy of its foundation; include the plural and the plural the singular.Words used in the or(v)any other cause, is likely to partially or completely collapse. masculine gender include the feminine and the feminine the mas- 9. Whenever,for any reason,the building or structure,or any culine. portion thereof,is manifestly unsafe for the purpose for which it is BUILDING CODE is the Uniform Building Cade promul- being used. - gated by the International Conference of Building Officials, as tl). Whenever the exterior walls or other vertical structural - adopted by this jurisdiction. members list,lean or buckle to such an extent that a plumb line DANGEROUS BUILDING is any building or structure passing through the center of gravity does not fall inside the. deemed to be dangerous under the provisions of Section 302 of middle one third of the base. this code. 11. Whenever the building or structure,exclusive of the foun- HOUSING CODE is the Uniform Housing Code promulgated elation, .allows 33 percent or more damage or deterioration of its by the International Conference of Building Officials,as adopted supporting member or members,or 50 percent damage or deterio- by this jurisdiction. ration of its nonsupporting members,enclosing or outside walls or coverings. 12. Whenever the building or structure has been so damaged by SECTION 302—DANGEROUS BUILDING fire,wind,earthquake or flood, or has become so dilapidated or For the purpose of this code,any building or structure which has deteriorated as to become(i)an attractive nuisance to children;(ii) any or all of the conditions or defects hereinafter described shall e harbor for vagrants,criminals or immoral persons;or as be deemed to be a dangerous building,provided that such con di- lawful persons to resort thereto for the purpose of committing un- to(iii) tions or defects exist to the extent that the life,health,property or lawful or immoral acts. safety of the public or its occupants are endangered. 13. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or 1. Whenever any door, aisle, passageway, stairway or other prohibition applicable to such building or means of exit is not of sufficient width or size or is not so arranged h as to provide safe and adequate means of exit in case of fire or pan- the building regulations of this jurisdiction, as specified f structure provided the Building Code or Housing Code,or of any law or ordinance of this is state orjurisdiction relating to the condition,location or structure 2. Whenever the walking surface of any aisle, passageway, of buildings. stairway or other means of exit is so warped,worn,loose,torn or 14 Whenever any building or structure which,whether or not otherwise unsafe as to not provide safe and adequate means of exit erected in accordance with all applicable laws and ordinances,has in case of fire or panic. in any nonsupporting part,member or portion less than 50 percent, 3. Whenever the stress in any materials, member or portion or in any supporting part,member or portion less than 66 percent thereof,due to all dead and live loads,is more than one and one of the(i)strength,(ii)fire-resisting qualities or characteristics,or half times the working stress or stresses allowed in the Building (iii)weather-resisting qualities or characteristics required by law Code for new buildings of similar structure,purpose or location. in the case of a newly constructed building of like area,height and 4. Whenever any portion thereof has been damaged by fire, occupancy in the same location. earthquake,wind,flood or by any other cause,to such an extent 15. Whenever a building or structure, used or intended to be that the structural strength or stability thereof is materially less used for dwelling purposes,because of inadequate maintenance, than it was before such catastrophe and is less than the minimum dilapidation,decay,damage,faulty construction or arrangement, requirements of the Building Code for new buildings of similar inadequate light,air or sanitation facilities,or otherwise,is deter- structure,purpose or location. mined by the health officer to be unsanitary,unfit for human habi- t Whenever any portion or member or appurtenance thereof is tation or in such a condition that is likely to cause sickness or likely to fail,or to become detached or dislodged,or to collapse disease. and thereby injure persons or damage property. 16. Whenever any building or structure,because of obsoles- 6. Whenever any portion of a building,or any member,appur- cenee, dilapidated condition, deterioration, damage, inadequate teoance or omamenlatiod on the exterior thereof is not cif sufli- exits,lack of sufficient fire-resistive construction,faulty electric cient .strength or stability, or is not so anchored, attached or wiring,gas connections or heating apparatus,or other cause,is do- fastened in place so as to be capable of resisting a wind pressure of terruned by the fire marshal to be a fire hazard. one half of that specified in the Building Code for new buildings of 17, Whenever any building or structure is in.such a condition as similar Structure,purpose or location without exceeding the work- to constitute a public nuisance known to the common law or in cit- ing stresses permitted in the Building Code for such buildings. city jurisprudence. 5 1997 ABATEMENT OF DANGEROUS BUILDINGS ` P1 1 9 302 18. Whenever any portion of a building or structure remains on or site after the demolition or destruction of the building or struc- ture or whenever any building or structure is abandoned for a peri- od in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. 6 t z • • ® • d 1 ARM \1 • 1 i • 1 a� P121 STAFF REPORT PIANNtNGDEPARTMEIVr Date: April 24, 2013 RANCHO To: Chairman and Members of the Historic Preservation Commission CUCAMONGA From: Candyce Burnett, Planning Manager By: Mayuko Nakajima, Assistant Planner Subject: ENVIRONMENTAL ASSESSMENT DRC2013-00157 FOR THE DEMOLITION OF THE CHINATOWN HOUSE. THE CHINATOWN HOUSE IS LOCATED AT 9591 SAN BERNARDINO ROAD - APN: 0208-151-24. STAFF HAS PREPARED A MITIGATED NEGATIVE DECLARATION OF THE ENVIRONMENTAL IMPACTS FOR CONSIDERATION. RECOMMENDATION: Staff recommends that the Historic Preservation Commission adopt the Mitigated Negative Declaration regarding the proposed demolition of the Chinatown House and provide advice to the Building Official regarding the same through the adoption of the attached Resolution. PROJECT DESCRIPTION: The structure located at 9591 San Bernardino in the City of Rancho Cucamonga, which is commonly called "The Chinatown House" or sometimes just "the China House," was designated as a "City Historic Landmark" in 1985. (See Mitigation Architectural/Historical Recordation report for the China House prepared by CRM Tech for the CVWD dated December 24, 2012 for further historical background information.) It is currently owned by the Cucamonga Valley Water District (CVWD). The structure is constructed of unreinforced hollow clay tile walls and lime mortar with a partial wood roof. Due to age and lack of maintenance, it has become structurally unsound. On December 6, 2012, the City Building and Safety Official deemed the Chinatown House unsafe to occupy and "red-tagged" the building. The CVWD was given notice by letter and ordered to remediate the dangerous condition of the building. The Rancho Cucamonga Municipal Code generally requires the Historic Preservation Commission's approval of a Certificate of Appropriateness for the alteration or demolition of a historic resource. This requirement does not apply where, as in this case, the Building and Safety Official has declared the alteration or demolition necessary to correct the unsafe or dangerous conditions of any structure. Under such circumstances, the Historic Preservation Commission may advise the Building and Safety Official of the historic significance of the building and recommend a reasonable period of postponement for the purpose of arranging for rehabilitation, relocation, or salvage of the historic resource. Accordingly, the Historic Preservation Commission is asked at this time to consider the proposed demolition of the Chinatown House and make any recommendations to the Building Official it deems appropriate regarding the rehabilitation, relocation, or salvage of the Chinatown House. BACKGROUND: The Chinatown House is the last remaining structure associated with the Cucamonga Chinatown site, which was one of many rural enclaves of Chinese immigrants that sprang up in post-Gold Rush California. Real property tax assessment records indicate that the Chinatown House was probably built in 1920 shortly after a catastrophic fire in 1919 that destroyed all but four of the main buildings in the previously larger Chinatown site. Other records indicate EXHIBIT B HISTORIC PRESERVATION COMMISSION STAFF REPORT P122 ENVIRONMENTAL ASSESSMENT OF CHINATOWN HOUSE DRC2013-00157 April 24, 2013 Page 2 that the property was possibly used as a grocery and that farm laborers might have been housed for a time in a separate building that sat directly to the rear of the Chinatown House. The last Chinese resident of the Chinatown House died on the premises in 1944, The Chinatown House was constructed of unreinforced hollow clay tile walls and lime mortar, and light wooden frame and a partial wood roof. The impermanent nature of the construction began to show as early as 1952, when the second floor was deemed unsafe and the stairway was removed according to Building records. In 1975, the California Department of Parks and Recreation designated the "Cucamonga Chinatown Site," defined as the south side of San Bernardino Road between Klusman and Hellman Avenues, as a California Point of Historical Interest. The statement of historical significance at the time noted that the "1919 fire destroyed most of the buildings and spirit of Chinatown," and that "Twenty years later the remaining, fragile houses were empty." There was no specific mention of the Chinatown House, and the statement expressly provided that the Chinatown site was "not a state registered local landmark." The City incorporated in 1977 and adopted its first historic preservation ordinance in April 1979. In December of that same year, the City Council designated the "Cucamonga Chinatown Site" as a Historic Point of Interest of the City. The ordinance that effected the designation neither defined the site nor specifically mentioned the Chinatown House. In 1985, the City designated "the China Town House" as a City Historic Landmark. This appears to be the first and only recognition of the China House as a landmark apart from the general Chinatown site. The District acquired the property from its last private owner in 1988. The District has never used the structure and only occasionally used the surrounding property for stockpiling equipment. Currently, the District holds the site as surplus property and does not use it for any purpose. The structure of the Chinatown House has deteriorated to an unstable condition due to age, weathering, its method of construction, and lack of maintenance and upgrades. There are significant gaps in the masonry caused by erosion of the mortar and substantial cracks in all walls of the structure causing interior and exterior wall failure. Many sections of the walls are breaking away from the light framework, and the porch roofs are collapsing. (See Building Survey Report prepared for the site by Anderson Design Group dated October 1, 2010). The City's Building and Safety Official reviewed the Building Survey Report and personally conducted a field inspection of the property. The Building and Safety Official concurred with the assessment that the structure is a "public hazard/nuisance" and that it should be demolished. On December 6, 2012, the City Building & Safety Official posted the property with a red-tag indicating that it is unsafe to occupy the Chinatown House. To protect the public, access to the Chinatown House is currently blocked by a chain-link fence that encloses the property. The Building and Safety Official will provide further information regarding the current condition of the structure during the Commission's meeting. ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, Staff HISTORIC PRESERVATION COMMISSION STAFF REPORT P123 ENVIRONMENTAL ASSESSMENT OF CHINATOWN HOUSE DRC2013-00157 April 24, 2013 Page 3 determined that, with the imposition of mitigation measures (related to, e.g., cultural resources and air quality) there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, City staff prepared a Mitigated Negative Declaration and provided notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. As discussed in the Initial Study, the structure of the Chinatown House has already lost its historical significance due to its physical deterioration and no longer qualifies as a historic landmark. Historic landmarks must retain integrity from their period of significance with respect to location, design, setting, materials, workmanship, feeling, association, or any combination of these factors. A landmark need not retain all such original aspects, but must retain sufficient integrity to convey its historic significance. In this case, the Chinatown House will inevitably collapse if nothing is done, causing potential harm to persons and property and destroying any vestige of site's historic integrity. At the same time, the only method identified to preserve the original structure in situ given its condition and original method of construction would be to dismantle the clay tile walls, brickwork, and other exterior features and reinstall them as a fagade over a wholly new structure built within the footprint of the original building. Not only would this be cost prohibitive, but it would disrupt the historic integrity of the Chinatown House in a manner that would nullify its status as a historic landmark. Although the structure of the Chinatown House has lost its historical significance, any significant impacts to the historical value of the site due to demolition of the structure can be mitigated through the following measures. 1. Prior to demolition, the structure shall be cataloged and recorded through a Historic American Buildings Survey/Historic American Engineering Record (NABS/HAER). 2. During demolition, at least three pallets of salvageable materials shall be set aside on-site for incorporation into a future development project. 3. After demolition, a monument shall be constructed on the corner of the site utilizing the brick materials salvaged from the structure commemorating the Chinese laborers who once occupied the Chinatown House. CVWD has submitted a letter to the City indicating that they will comply with these requirements. To date, staff has received three responses from the public regarding the Mitigated Negative Declaration. 1. Brian Turner, an attorney for the National Trust for Historic Preservation, submitted an email in which he disagreed with the conclusions in the Initial Study regarding the Chinatown House loss of historical significance and asserted that the Initial Study inadequately addressed potential archaeological impacts, but the email did not provide any evidence or factual basis for his conclusions. HISTORIC PRESERVATION COMMISSION STAFF REPORT P124 ENVIRONMENTAL ASSESSMENT OF CHINATOWN HOUSE DRC2013-00157 April 24, 2013 Page 4 2. Eugene Moy of the Chinese Historical Society of Southern California submitted several emails inquiring about procedural issues but not providing any evidence of possible significant environmental impacts. 3. Jenan Saunders from the Office of Historic Preservation contacted Staff by telephone to express concern regarding the findings for the Initial Study and stated her belief that the City cannot mitigate the demolition of a historic resource to a level less than significant. She did not provide any evidence or factual basis for her conclusions. 4. Munson A. Kwok, Ph.D. of Asian & Pacific Islander Americans in Historic Preservation submitted a letter to the City Council requesting an extension of the Building and Safety Official's order and requesting preservation of the Chinatown House. The letter included no evidence of possible significant environmental impacts. CONCLUSION: Given the extent of the physical deterioration, the loss of historical significance, the lack of any economically feasible rehabilitation of the structure, and the Building and Safety Official's determination that the structure poses an immediate hazard to the public, the most appropriate means of addressing the loss of the Chinatown House would be to document what remains of the site and salvage material from the structure for reuse in an appropriate monument. This would be accomplished through implementation of the mitigation measures identified above. CORRESPONDENCE: In addition to the public notice required by CEQA, The City also advertised this item as a public hearing in the Inland Valley Daily Bulletin newspaper, posted the property, and mailed notices to all property owners within a 660-foot radius of the project site and to all interested historic preservation groups. RECOMMENDATION: Staff recommends that the Historic Preservation Commission: (1) adopt the proposed Mitigated Negative Declaration and Mitigation Monitoring Program; and (2) recommend that the Building and Safety Official implement the mitigation measures identified in the Initial Study prior to allowing the demolition of the Chinatown House. A resolution has been prepared to this effect for the Commission's consideration. Respectfully submitted, Candyce bbAett Planning Manager CB:MN/Is Attachments: Exhibit A - Initial Study Parts I and II Exhibit B — Email correspondence and attachments dated April 9—April 16, 2013 Exhibit C — Letter dated April 2, 2013 from Munson A. Kwok, Ph, D. Draft Resolution of Approval for DRC2013-00157 Page 1 of 1 P125 Nakajitna, Mayuko From: Nakajima, Mayuko Sent: Tuesday, April 16,2013 5:10 PM To: 'munsonak@aol.com' Cc: Burnett, Candyce; Bloom, Jeff Subject: RE: submittal to RC Council meeting of 4/3 Tracking: Recipient Read 'munsonak@ao1.com' Burnett,Candyce Bloom,Jeff Read:4/16/2013 5:30 PM Hello Mr. Kwok, We have received the letter and we thank you for your comments. It will be included as part of the packet for our Planning/Historic Preservation Commission. The public hearing for this item is scheduled for 4/24/13. Regards, MAYUKO NAKAJIMA 1 Assistant Planner 1 City of Rancho Cucamonga Planning Department `m':909.477.2750 1 €4:909.477.2847 1 10500 Civic Center Drive Rancho Cucamonga,CA 91730 From: Gillison,John Sent:Tuesday, April 16, 2013 3:10 PM To: 'munsonak@aol.com' Cc: Bloom,Jeff Subject: FW: submittal to RC Council meeting of 4/3 Thank you Mr. Kwok. I am forwarding your email and attachments to Mr.Jeff Bloom, Deputy City Manager Economic/Community Development. Mr. Bloom overseas the Planning Department which is the responsible agency at the City for historic preservation issues. If you could please be sure, in the future, to address items such as this directly to Mr. Bloom,with a CC to me, it would be greatly appreciated. Thank you for the communication and additional information. la" 2. CaWbon City Manager City of Rancho Cucamonga 909-477-2700 ext. 2000 ioh n.g i I I i son(a)citvofrc.u s From: MAK imailto:munsonak@aol.coml Sent: Tuesday, April 16, 2013 10:28 AM To: Gillison,John Subject: submittal to RC Council meeting of 4/3 Dear Mr. Gillison: Mr. Eugene Moy, speaking on the subject of China House, submitted a package to each council member that night and took note of this letter. It is companion to the NTHP letter from Mr. Brian Turner. However,copies of this letter were not included because I did not make copies,assuming Eugene would simply discuss(subject not on Agenda). I was there, but chose not to speak, since all points were well made by 5 speakers. Please disseminate as appropriate and thank you for your attention and consideration. Munson Kwok Chair,APIAHiP Endangered Sites Committee PC qr,4 re¢aa' 4/ay/43 EXHIBIT B P126 H d t -"t �-=r-1-•'= Asian & Pacific Islander Americans na�ro= in Historic Preservation(AP ftfl 1^etAoic�+ap a -' c�n'E�sigciha 1628 16th St NW A'4 a (cultural I lrese= rr °rlmaf=`1% Washington,DC 20009 prvation! �- 1r-- - April 2, 2013 Honorable L. Dennis Michael Mayor City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA. 91730 Re: China House, corner of San Bernadino Road and Klusman Avenue Dear Mayor and Council Members: This letter is in strong support of the request for an extension as proposed by Eugene Moy and the China House preservation committee. We support the request for the deadline to be extended for 6 months to a year so that a proper study and plan can be accomplished. The China House preservation committee (within the Historical Preservation Association of Rancho Cucamonga) is acting in good faith as they are currently lining up preservation consultants, as well as, architectural and structural engineering expertise to assist the City in a more in-depth assessment of the condition of China House (and subsequently for the further preservation work and potential adaptive reuse). Fundraising efforts are underway through China House preservation committee within the Historical Preservation Association of Rancho Cucamonga. With the various structural and financial criteria needed to address in this situation, an extension of the demolition order is crucial. As we noted in a prior letter to you, Asian and Pacific Islander Americans in Historic Preservation (APIAHiP) s a national preservation group comprised of preservationists, historians, and advocates of historic and cultural Asian and Pacific Islander American (APIA) sites. We are partners with the National Trust for Historical Preservation and National Park Service on APIA-related projects and programs. The APIA Endangered Sites Committee within APIAHiP is newly formed to create an archival database of APIA historical sites and recommend for active consideration of noteworthy historic and cultural resources. Rancho Cucamonga's China House is a significant heritage site for Chinese Americans and other Asian and Pacific Islanders Americans. We advocate for the preservation of the structure, as it is an important way to honor the history of Chinese Americans laborers who were instrumental in the development of the Inland Empire as an agricultural center. We hope the Rancho Cucamonga City Council will give this request for an extension the strongest consideration and we hope for a positive decision. Thank you. Sincerely yours, Munson A. Kwok, Ph.D. Chair, APIAHiP Endangered Sites Committee Page 1 of 1 P127 Nakajima, Mayuko From: ewmoy[ewmoy@earthlink.net] Sent: Tuesday,April 09, 2013 10:21 AM To: Nakajima, Mayuko; LuanaY47@aol.com; neil.nisperos@inlandnewspapers.com; bturner@savingplaces.org Cc: Schrader, Lois; Burnett, Candyce Subject: RE: Chinatown House Env Document Mayuko, what is the schedule for preparation of the mitigated negative declaration, or are you considering this as the final document? Is there a planned date for certification? Also, I would like to request that the following be included on the official notification list, by U.S. mail, for all notices and draft documents: Historical Preservation Association of Rancho Cucamonga P.O. Box 9543 Alta Loma CA 91701 Chinese Historical Society of Southern California 415 Bernard Street Los Angeles CA 90012 Carol Roland-Nawi State Historic Preservation Officer 1725 23rd Street, Suite 100 Sacramento CA 95816 Also, at the March 20 Route 66 gas station ceremony, I requested your assistance in obtaining a copy of the 1987 survey which found the building and/or site to be eligible for the National Register of Historic Places. Have you located that file yet? I would like to stop in and pick up as soon as possible. Thank you for your assistance. <<<Eugene moy 626-926-5705 cell Eugene W.Moy ewmoy(a)earthlin k.net ewmoy49(WQnnai1.com From: Nakajima, Mayuko [mailto:Mayuko.Nakajima@cityofrc.us] Sent: Tuesday, April 09, 2013 8:37 AM To: ewmoy@earthlink.net; LuanaY47@aol.com; neil.nisperos@inlandnewspapers.com; bturner@savingplaces.org Cc: Schrader, Lois; Burnett, Candyce Subject: Chinatown House Env Document Hello all, Please refer to the link below for the environmental documentation on the Chinatown House in the City of Rancho Cucamonga. httl)://www.cityofrc.us/citvhall/planning/"current proiects/china house asp Thank you, MAVUKO NAKAJIMA I Assistant Planner I City of Rancho Cucamonga Planning Department m:909.477.2750 1 A�: 909.477.2847 1 10500 Civic Center Drive Rancho Cucamonga,CA 91730 4/18/2013 Page 1 of 1 P128 Nakajima, Mayuko From: Nakajima, Mayuko Sent: Monday, April 15, 2013 8:52 AM To: 'Brian Turner' Subject: RE: Chinatown House Hello Mr Turner, We have received and appreciate your comments. All comments are being forwarded to the City attorney and will be responded to at the hearing scheduled for 4/24. Regards, MAYUKO NAKAJIMA I Assistant Planner I City of Rancho Cucamonga Planning Department W: 909.477.2750 1 &909.477.2847 1 10500 Civic Center Drive Rancho Cucamonga,CA 91730 From: Brian Turner [mailto:BTurner@savingplaces.org] Sent: Tuesday, April 09, 2013 11:48 AM To: Nakajima, Mayuko Subject: Chinatown House Dear Ms. Nakajima, I have reviewed the Initial Study for the proposed demolition of the Chinatown House located online at the following website: http://www.cityofrc.us/citvhall/planning/current projects/china house.asp. We strongly disagree with several of conclusions contained therein including its determination, contrary to information in the record, that the Chinatown House has lost its historic significance "due to deterioration." (pg. 11). Correspondingly, the impact of demolition cannot be mitigated to a less than significant level with the mitigation measures proposed. Further,we disagree with the view in the assessment that no significant archaeological sites will be impacted by the demolition. Our previous correspondence with the City of Rancho Cucamonga should confirm our interest in receiving notifications regarding this project. However,this email is intended to reiterate this interest and request that the City keep us informed of significant developments and hearing dates as this project moves forward. In addition, we suggest that the City employ the guidance in CEQA Guideline 15083 "Early Public Consultation" in order to engage the very dedicated group of advocates who have rallied around this resource in an attempt to prevent its needless demolition. Sincerely, Brian Roberts Turner I SENIOR FIELD OFFICER AND ATTORNEY P 415.947,0692 M 415.683.8057 NATIONAL TRUST FOR HISTORIC PRESERVATION San Francisco Field Office 5 Third St.,Suite 707,San Francisco,CA 94103 w PreservationNation.or^ a National Trust jor Historic Preservation Sou the pmL Enrich the futum. 4/18/2013 Page 1 of 3 P129 Nakajima, Mayuko From: Nakajima, Mayuko Sent: Monday, April 15, 2013 11:33 AM To: 'ewmoy' Cc: Burnett, Candyce; Bloom, Jeff; 'Brian Turner'; 'Munson A Kwok'; 'Luana Hernandez' Subject: RE: Chinatown House Env Document Mr. Moy, I understand your concern. We will send a notice to the additional stakeholders you mentioned via mail today. We have also advertised this item as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site, and to all historic preservation groups within our distribution list. Hard copies of the initial study is available at the Planning counter and City of RC Libraries, and the electronic version available on our website. On April 4, 2013 the Initial Study was released for the 20 day circulation period. The hearing will consider the possible demolition of the Chinatown House by Resolution and Initial Study considered for certification. The hearing is scheduled for April 24, 2013 at 7:00 pm before the Historic Preservation Commission. Our Planning Commission and Historic Preservation Commission are the same body. The City Council does not T7act on this item unless the decision of the Historic Preservation Commission is appealed. From: ewmoy [mailto:ewmoy@earthlink.net] Sent: Monday, April 15, 2013 10:15 AM To: Nakajima, Mayuko Cc: Burnett, Candyce; Bloom, Jeff; 'Brian Turner'; 'Munson A Kwok'; 'Luana Hernandez' Subject: RE: Chinatown House Env Document May: Am concerned about lack of notice to interested/stakeholder parties. Have you sent notice of public hearing on the Initial Study to the stakeholder organizations I requested in my April 9 email per attached? What is being considered at the hearing? A resolution?What are you using as the statutory notice time in setting the hearing? Who else is receiving notice and in what manner? U.S. Mail? What is the time and place of the hearing and before what body? The Planning Commission? And does the City Council act on it after that? Would appreciate comments back. Thank you. <<< ewm 626-926-5705 cell Eugene W.Moy ewmovaearthlink.net ewmoOKa)omail.com From: Nakajima, Mayuko [mai Ito:Mayuko.Na kajima@cityofrc.us] Sent: Monday, April 15, 2013 9:01 AM To: ewmoy Cc: Burnett, Candyce; Bloom, Jeff; Brian Turner; Munson A Kwok; Luana Hernandez Subject: RE: Chinatown House Env Document Hello Mr Moy, The initial study will be considered for certification on 4/24. All comments are being accepted now and responded to at the hearing scheduled for 4/24. 4/18/2013 Page 2 of 3 P130 Thank you, From: ewmoy [mailto:ewmoy@earthlink.net] Sent: Wednesday, April 10, 2013 5:03 PM To: Nakajima, Mayuko Cc: Burnett, Candyce; Bloom, Jeff; 'Brian Turner'; 'Munson A Kwok'; Luana Hernandez Subject: RE: Chinatown House Env Document Thank you for providing the 1987 forms. Is there any formal action to be taken for the Initial Study? And what is the response to the recent letter from Brian Turner at the National Trust as well as the prior letter(s) regarding the need for a full HABS report? We are greatly concerned that the City is rushing toward a needless demolition when the building is presently unoccupied and fenced from the public. We request that no demolition permit be issued while there are still many unresolved questions. <<< Eugene Moy 626-926-5705 Chinatown House Preservation Coalition Eugene W.Moy ewmoy(a7ea rth I i nk.net ewmoy49(a).omai1.com From: Nakajima, Mayuko [mailto:Mayuko.Nakajima@cityofrc.us] Sent: Wednesday, April 10, 2013 3:53 PM To: ewmoy Cc: Burnett, Candyce; Bloom, Jeff Subject: RE: Chinatown House Env Document Hello Mr. Moy, No, unfortunately I did not receive your email message attached. There is no Notice of Prep or Notice of Availability for circulation of the Initial Study, only for EIR's. The below link is the Initial Study for your review. I also located and scanned the 1987 survey (DPR form), which was in the file. My apologies, I did not get this to you sooner. Let me know if you have any other questions. Thank you, From: ewmoy [mailto:ewmoy@earthlink.net] Sent: Wednesday, April 10, 2013 1:34 PM To: Nakajima, Mayuko Cc: Burnett, Candyce; Bloom, Jeff Subject: RE: Chinatown House Env Document May: Did you receive my message from yesterday(attached)? I tried sending twice and got error message back. Basically am requesting notification of any notice of prep or notice of availability. Also, please send us copy of National Register eligibility determination. Apparently CRM Tech had found it. Thank you! <<< ewm 626-926-5705 cell Eugene W.Moy ewmoy(cbea rth I ink.net ewmoy49CO).QmaI1.com 4/18/2013 Page 3 of 3 P131 From: Nakajima, Mayuko [mailto:Mayuko.Nakajima@cityofrc.us] Sent: Tuesday, April 09, 2013 8:37 AM To: ewmoy@earthlink.net; LuanaY47@aol.com; neil.nisperos@inlandnewspapers.com; bturner@savingplaces.org Cc: Schrader, Lois; Burnett, Candyce Subject: Chinatown House Env Document Hello all, Please refer to the link below for the environmental documentation on the Chinatown House in the City of Rancho Cucamonga. http://www.cityofrc.us/citvhall/plannihq/current projects/china house.asp Thank you, MAYUKO NAKAIIMA I Assistant Planner I City of Rancho Cucamonga Planning Department m:909.477.2750 1 8:909.477.2847 1 10500 Civic Center Drive Rancho Cucamonga,CA 91730 4/18/2013 P132 N 6� ch`•j•-- ' — Asian &Pacific Islander Americans o�� �•• in Historic Preservation (APIAHIP) eU�rce%i to—� t sage luaectE— 1628 16th St NW Of 4 -roa�r,i,APIA — �:�{'"'t Ef Washington. DC 20009 :_Pre ervationL„c_ April 2, 2013 Honorable L. Dennis Michael Mayor City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA. 91730 Re: China House, corner of San Bernadino Road and Klusman Avenue Dear Mayor and Council Members: This letter is in strong support of the request for an extension as proposed by Eugene Moy and the China House preservation committee. We support the request for the deadline to be extended for 6 months to a year so that a proper study and plan can be accomplished. The China House preservation committee (within the Historical Preservation Association of Rancho Cucamonga) is acting in good faith as they are currently lining up preservation consultants, as well as, architectural and structural engineering expertise to assist the City in a more in-depth assessment of the condition of China House (and subsequently for the further preservation work and potential adaptive reuse). Fundraising efforts are underway through China House preservation committee within the Historical Preservation Association of Rancho Cucamonga. With the various structural and financial criteria needed to address in this situation, an extension of the demolition order is crucial. As we noted in a prior letter to you, Asian and Pacific Islander Americans in Historic Preservation (APIAHiP) s a national preservation group comprised of preservationists, historians, and advocates of historic and cultural Asian and Pacific Islander American (APIA) sites. We are partners with the National Trust for Historical Preservation and National Park Service on APIA-related projects and programs. The APIA Endangered Sites Committee within APIAHiP is newly formed to create an archival database of APIA historical sites and recommend for active consideration of noteworthy historic and cultural resources. Rancho Cucamonga's China House is a significant heritage site for Chinese Americans and other Asian and Pacific Islanders Americans. We advocate for the preservation of the structure, as it is an important way to honor the history of Chinese Americans laborers who were instrumental in the development of the Inland Empire as an agricultural center. We hope the Rancho Cucamonga City Council will give this request for an extension the strongest consideration and we hope for a positive decision. Thank you. Sincerely yours, Munson A. Kwok, Ph.D. Chair, APIAHiP Endangered Sites Committee P133 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO APRIL 24, 2013 CUCAMONGA Page 2 IF III. ANNOUNC TATIONS A. UPDATE ON THE MAIL BALLOT FOR VICTORIA NEIGHBORHOOD PARKS AN LANDSCAPING NEEDS Lori Sassoon, Deputy City Manager, gave a PowerPoint presentation (copy on f IV. CONSENT CALENDAR/HISTORIC P VATION AND PLANNING COMMISS B. Approval of regular meeting minutes dated Ap 2013 C. Approval of adjourned (workshop) me " g minutes dated April 10, 2013 Motion to approve the consent dar by Munoz. Seconded by Wimberly. Adopted 4-0-1 (Oaxaca absent). V UBLIC HEARINGS/HISTORIC PRESERVATION COMMISSION ollowing items have been advertised and/or posted a�jil(Fhearing�_g_rggt d by law. he Chairman will o en t e I'c. $e9fFe imony. All such opinions s per individual for each project. Please sign in after speaking. D. ENVIRONMENTAL ASSESSMENT AND DEMOLITION PERMIT DRC2013-00157 — CUCAMONGA VALLEY WATER DISTRICT (CVWD): A request to demolish "The Chinatown House," a designated historic landmark, in the Mixed Use/Retail (MUR) District located at 9591 San Bernardino Road that has been deemed unsafe for occupancy by the City's Building and Safety Official and "red-tagged" on December 6, 2012; APN: 0208-151-24. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Mayuko Nakajima, Assistant Planner, gave a PowerPoint presentation (copy on file). Candyce Burnett, Planning Manager stated that the Commission had also been given the following items:an excerpt from an appraisal report that concludes the base value of the property is$695,000;a Chinatown House Adaptive Reuse report submitted by Eugene Moy showing the costs to protect,preserve and restore the structure would be 1.76 million dollars;and a letter from CVWD that states it would comply with the mitigation measures outlined in the report from staff. Trang Huynh, Building Official, gave a PowerPoint presentation(copy on file)and gave an update regarding prior inspections. EXHIBIT C P134 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO APRIL 24, 2013 CUCAMONGA Page 3 Commissioner Wimberly said there is an indication of"demolition by neglect"and asked whether anyone notified the owner of its responsibility to maintain the property. Chairman Howdyshell said she found the report informative and reported that she went to the site today to see it firsthand. Vice Chairman Fletcher stated that no one would expect a building built 80-100 years ago would meet today's codes. He asked if current codes would be required and if so, then would it depict how it was originally built. Mr. Hyung said he used the California Historic Building Code which is different than today's standards. He said, for example, the wind tolerance requirement is only 75% of what the new code requires. Commissioner Oaxaca arrived at 7:37 PM. Vice Chairman Fletcher asked if the fact that it is secured with fencing mitigates the safety risk. Candyce Burnett said that even though it is red tagged, people are breaching the fence and it is still a safety hazard. Commissioner Oaxaca asked how the deterioration of the building is relevant to physical integrity of the structure vs. historic integrity of the structure and how that relates to the MND. Jo Lynne Russo-Pereyra,Assistant General Manager of CVWD, said the District will comply with the demolition order and conditions/mitigations in the report. Vice Chairman Fletcher asked if there has been any discussion of selling the property to the historic groups. Ms Russo-Pereyra said no. The project will be reviewed by the District's Engineering Commiittee on May 1:r and then to a Board meeting following that. She said the District has no plans to sell at this time. She said they are not in the business of historic preservation;they are in the business to sell water and sewer services and they do not want their water customers or the District to be liable. She said a proposal for 1.7 million was presented but without any specific plan for funding and CVWD will not provide those resources. Commissioner Munoz asked what the CVWD has spent over the years to maintain the structure or make it safer other than fencing. Ms Pereyra said she did not have any prior information to the red tagging. She said they have gone out to the property to maintain the fence when it is compromised. Chairman Howdyshell opened the public hearing. Luana Hernandez of HPARC said the building has been neglected and read a letter from the California Preservation Foundation (copy on file). P135 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO APRIL 24, 2013 CUCAMONGA Page 4 Paul Perez, member of the Chinatown Historical Society, the CACA, and other groups said demolition is not the only option. He provided a letter from the Office of Historic Preservation- signed by Jean Saunders (copy on file). He said they have raised$1,000 and are just starting to address the financial need. Ed Dietl of HPARC said the only thing CVWD does is patch the fence. He read from letter from the National Trust for Historic Preservation (copy on file). He said this is a case of demolition by neglect. He said an EIR is required when there is a conflict of opinion. He said the mitigation measures are insufficient. Eugene Moy, VP Chinese Historical Society of Southern California, VP of the Chinese American Alliance Lodge and VP of the Chinatown House Preservation Coalition, said the community has not had enough time. He said millions of dollars are spent to reinforce/renovate old structures. He said that grants are given for other preservation efforts. He said he recognizes the technical challenges. He said he has a letter from Chatten-Brown & Carstens LLP(copy on file). Sandy Dietl said that if it was her house, the City would have made her make it right. She said CVWD does not want the liability or to sell or donate it. Chairman Howdyshell closed the public hearing at 8:20 pm. Commissioner Munoz said he considered the MND and cannot support staffs recommendation. He said several stays have been given, its red tagged, and fenced and safe enough for 4 months. He said we should allow more time to make an informed decision regarding the alternatives. He said he concurs with some of what he heard from the public. He said CVWD purchased the property knowing it was historic and did nothing. He said he has seen homes in worse condition restored. He said he is not debating the Building Official's opinion but the City needs to explore the alternatives to see if the building can be saved. Vice Chairman Fletcher asked the Assistant City Attorney about staffs recommendation regarding the MND and the legal questions raised by the Office of Historic Preservation. Steven Flower, the Assistant City Attorney, said he reviewed all the correspondence and said no new substantial evidence was given that supports a conclusion that MND is incorrect. He said the Initial Study draws a connection between the loss of significance and loss of the structure. He said the evidence shows that preservation will cost $1.768 million and the appraisal of the property is only$695,000(2.5 times the cost of the property). If there are no funds to preserve it; there is no way it will survive. He said the Commission has before them a narrow issue on which they can offer advice. He said the MND is legally defensible but that the Commission can reach a different conclusion. He said with respect to the "fair argument"standard, that it applies to all Mitigated Neg Decs. In response to Vice Chairman Fletcher, he said the requirement in the Municipal Code for a Certificate of Appropriateness does not apply when the Building Official deems the building publicly unsafe. Commissioner Oaxaca said the Commission needs to be grounded in reality based on short term/long term affects. He said he did not seethe justification for demolition. He said he also does not believe significance is dependent upon the physical condition of the structure. He said P136 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO APRIL 24, 2013 CUCAMONGA Page 5 he did not believe the proposed MND is valid. He said an EIR should be prepared. He said the City's own documentation shows significance of the China House. He said preparation of an EIR would provide a formal transparent process that would better inform the Commission. Chairman Howdyshell said she concurred with Commissioner Oaxaca. She said that raising 1.7 million dollars is a challenge and she had hoped that the preservation groups would have secured some money by now. She said the property is deteriorating daily. She said preparing an EIR will allow more time for a more informed decision. Vice Chairman Fletcher said the Commission did not hear from the preservationist groups until the building was red-tagged. He said he did not expect the CVWD to pay for to repair the structure, but it bought a property with a historic structure on the property. He said he did not see a resolution unless the owner sells the property. He said the building will probably fall down before it gets preserved. He said the City has not discussed all the alternatives. He said he is not opposed to letting it sit there as long as an effort is made to protect the public. Mr. Flower said the Commission has the option to accept or reject the MND, take no action, or recommend an EIR. He suggested the Commission could act on two motions;the first to accept or reject the MND; and the second to advise there be no demolition or action until an EIR is prepared. Mr. Hyung said the demolition order was sent but CVWD has not applied forthe demolition permit yet. Motion: Commissioner Munoz moved to reject the proposed MND. Seconded by Wimberly. Carried 5-0 Motion: Commissioner Fletcher moved to advise the Building Official to delay demolition of the Chinatown house until an EIR is prepared and in the meantime ask the CVWD to implement an emergency stabilization plan for the structure. Seconded by Oaxaca. Carried 5-0 9:10 PM VI. PUBLIC HEARINGS/PLANNING� The following items have been advertised and/orposted as public hearings red bylaw. The Chairman will open the public hearing to receive testimony.,,El tBuc opinions shall be limited to 5 minutes per individual for each project. Pleas . g �n after speaking. E. MODIFICATION OF DEVELOPMENT .i W DRC2010-00868-CITY OF RANCHO CUCAMONGA — A request to odify the Engineering Conditions for previously approved Planning Commis�n Resolution No. 12-18. The modified condition will require the receipt , -lieu fee for the future construction of street improvements instead of the cu nt requirement for the installation of the improvements located within the Gene �dustrial District, at 13249 Arrow Route —APN: 0229-171-15 and 0229- 171- his project is categorically exempt from the requirements of the California ! P137 Mayor L. DENNIS MICHAEL Council Members WILLIAM J.ALEXANDEP, SAM SPAGNOLO, MARC STEINORTH, DIANE WILLIAMS Cry Mmmgrr JoHN R.GILLISON THE CITY OF RANCHO CUCAMONGA RANCHO CUCAMONGA April 25, 2013 Cucamonga Valley Water District (CVWD) Attn: John Bosler 10440 Ashford Street Rancho Cucamonga, CA 91729 SUBJECT: CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEMOLITION PERMIT DRC2013-00157 Dear Mr. Bosler: At their meeting of April 24, 2013, the Planning Commission rejected the proposed Mitigated Negative Declaration of environmental impacts and advised the Building Official to delay demolition of the Chinatown House until an EIR is prepared and in the mean time ask the CVWD to implement an emergency stabilization plan for the structure. The decision of the Planning Commission is final following a ten-day appeal period that ends May 6, 2013 Appeals must be filed in writing to the City Clerk, state the reason for the appeal, and be accompanied by a 2,486.06 filing fee. If you have any questions, please call our office at (909)477-2750. Sincerely, PLANNING DEPARTMENT Lois J. Schrader Planning Commission Secretary Enclosure EXHIBIT D o Cucamonea.CA 91729-0807•Tel (909)477-2700•Fax (909) 477-2849•w .CirvnFRC.m Mayor L. DENNIS MICHAEL•Mayor Pro Tem SAM SPAGIR138 Council Members WILLIAM J. ALEXANDER, MARC STEINORTH, DIANE WILLIAMS City Manager JOHN R. GcLLIsoN THE CITY OF RANCHO CUCAMONGA RANCHO CUCAMONGA May 6, 2013 AMENDED NOTICE AND ORDER Owner: Property Address: Mr. Marty Zvirbilis, General Manager/ CEO 9591 San Bernardino Road Ms. Jo Lynne Russo-Pereyra, Assistant General Manager Rancho Cucamonga, CA 91730 Mr. John Bosler, Chief Operations Officer (Chinatown House) Cucamonga Valley Water District 10440 Ashford Street Rancho Cucamonga, CA 91730 APN: 0208-15-124-0000 Based on an inspection of the property on December 6, 2012 the Building and Safety Services Director of the City of Rancho Cucamonga, acting pursuant to the Uniform Code for the Abatement of Dangerous Building ("UCABD"), Section 302, has determined that the structure(s) on the property to be dangerous based on the following conditions: • The roof diaphragm and framing providing structural stability for the building are badly damaged and disconnected from the exterior walls. • Exterior bearing walls have signs of major cracking, movement, and deterioration to the point that the structural integrity is very unstable and it is subject to a complete collapse. • Exterior porches have been separated from the exterior walls of the building and are incapable of resisting the lateral forces from wind and earthquake. • The overall structural condition of the building is unsafe, damaged, and settled to the extent that its structural strength and stability is materially less than the minimum requirements of the building code. • The conditions of the building/structure at the site meet the requirements and definitions of a dangerous building.under Sections 302 (4), (5), (6), (7), (8), (9), (10), (11), (12), (17) of the UCADB. Accordingly, on December 12, 2012, the Cucamonga Valley Water District ("District"), as owner of the property, was given a notice and order to demolish the structure and obtain all necessary permits for the same. On April 24, 2013, the City's Historic Preservation Commission held a public hearing and, due to the historic significance of the structure, directed tttie City's Building and Safety Services EXHIBIT E ho Cucamonga,CA 91729-0807•Tel(909)477-2700•Fax(909)477-2849•w .CiryofRC.us 9591 San Bernardino Road P1 39 Rancho Cucamonga,CA 91730 (Chinatown House) Page 2 Director to delay demolition of the structure until an EIR is prepared and directed the District to implement an emergency stabilization plan for the structure. In light of the advice of the Commission, and pursuant to Section 401 of the UCABD, the District is hereby ordered to comply with this AMENDED NOTICE AND ORDER, which shall supersede and replace the Notice and Order dated December 12, 2012. The District is hereby ordered to submit plans to the City's Building and Safety department for the temporary shoring for the building's exterior walls and to complete all necessary work for the same within 60 days of the date of this letter. For any additional information, you may contact the undersigned Director at (909) 477-2710, extension 4201. Sincerely, 7 Trang Huynh, P.E. Building and Safety Services Director City of Rancho Cucamonga cc: RC Mayor and City Council Members John Gillison, City Manager Jeff Bloom, Deputy City Manager/ Community and Economic Development Mark Berg, Building Inspection Supervisor George Sverlow, Senior Building Inspector P140 Cucamonga Valley X-M�1Water District 10440 Ashford Street,Rancho Cucamonga,CA 91730-2799 P.O.Box 638,Rancho Cucamonga,CA 91729-0638 . (909) 987-2591 Fax (909) 476-8032 Martin E.Zvirbulls Secretary/General Manager;CEO May 6, 2013 RECEIVE ® VIA HAND DELIVERY MAY 0 6 2913 Janice C. Reynolds CITY CLERK CITY OF RANCHO CUCAMONGA City Clerk City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 City Council City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Planning Commission City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Appeal of April 24, 2013 Planning Commission Decision Concerning Environmental Assessment and Demolition Permit DRC2013-00157 for"Chinatown House" DECISION BEING APPEALED The Cucamonga Valley Water District ("District") hereby appeals the decision of the Planning Commission of the City of Rancho Cucamonga ("City") made at its regularly scheduled meeting on April 24, 2013 concerning the environmental assessment and demolition permit DRC2013-00157 for the "Chinatown House." Specifically, the District appeals the decision made as to the following agenda item in order to re-assert its position as to its role with regard to the actions described therein: D. ENVIRONMENTAL ASSESSMENT AND DEMOLITION PERMIT DRC2013-00157 — CUCAMONGA VALLEY WATER DISTRICT (CVWD): A request to demolish "The Chinatown House," a designated historic landmark, in the Mixed Use/Retail (MUR) District located at 9591 San Bernardino Road that has been deemed unsafe for occupancy by the City's Building and Safety Official and "red-tagged" on December 6, 2012; APN: 0208-151-24. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Oscar Gonzalez James V.Curatalo,Jr. Luis Celina Randall James Reed Kathleen J.Tiegs - --- -- _`" — lent Director Director Director EXHIBIT F P141 CUCAMONGA VALLEY WATER DISTRICT•P.O.BOX 638•RANCHO CUCAMONGA,CA 91729-0638•(909)987-2591 At the April 24, 2013 meeting, the Planning Commission rejected the proposed Mitigated Negative Declaration ("MND") prepared by the City pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code, § 21000 et seq.) to analyze any environmental impacts of the actions, and advised the City Building and Safety Official to delay demolition of the Chinatown House until an environmental impact report ("EIR") is prepared. The Planning Commission also requested that the District implement an"emergency stabilization plan"for the Chinatown House. This appeal is not intended to challenge the decision to prepare an EIR and to reject the MND, nor does it concede that a substantive CEQA review is required at all. Instead, this appeal re-asserts the District's position with regard to its role in the City-initiated CEQA process. As such, the enclosed appeal fee in the amount of$2,486.06 is paid under protest. BACKGROUND On December 6, 2012, the City Building and Safety Official deemed the Chinatown House unsafe to occupy and "red-tagged" the building. The City issued a Notice and Order of Abatement for the Chinatown House on December 12, 2012 ("Order"). The Order required the District to submit a request for a demolition permit and to demolish the building within 60 days. On January 17, 2013, the District requested a 60-day extension to the City's Order, which the City approved and extended to April 11, 2013. In the interim, the City expressed its belief that its issuance of a demolition permit pursuant to the Order is a discretionary action subject to the provisions of CEQA. In furtherance of this position, the City prepared the MND that is the subject of the above-referenced agenda item for the demolition of the Chinatown House. BASIS FOR APPEAL First,the District asserts that the City has incorrectly identified the District as the"applicant"for the City-required demolition permit (DRC2013-00157), the City-ordered demolition of the Chinatown House, and the City-initiated environmental review under CEQA. The Staff Report and the agenda (quoted above) for the April 24, 2013 meeting identified the District as the "applicant" for the demolition permit. However, the District was ordered by the City Building and Safety Official to seek a demolition permit to demolish the Chinatown House. The Order specifically directed the District to `obtain the appropriate permits for demolition from the City" and to demolish the building within 60 days. Accordingly, the District is not "a person who proposes to carry out a project,"and is not an applicant. (See Pub. Res. Code, § 15351.) According to the City's Municipal Code, section 8.23.170, should the District fail to comply with the Order by seeking a demolition permit, the City would, itself, have the Chinatown House demolished at the District's expense. The City's Municipal Code further specifies that the failure of the District to comply with the Order is unlawful and may subject the District to a code enforcement action by the City. (Municipal Code, § 8.23.220.) To comply with the Order and avoid a code enforcement action by the City, the District was required to pursue a demolition permit at the direction of the City Building and Safety Official and pursuant to these local ordinances. P142 CUCAMONGA VALLEY WATER DISTRICT•P.O.BOX 638•RANCHO CUCAMONGA,CA 91729-0638•(909)987-2591 This situation is unlike that of a typical CEQA applicant who proposes a project to a lead agency, and then bears the cost of the lead agency's environmental review under CEQA. Here, and but-for the Order, the District would not be seeking a demolition permit, and so is not an "applicant" for CEQA purposes. In fact, the District has no pressing need to demolish the Chinatown House at all and would simply forego the demolition process entirely if the City were to rescind its Order. Therefore, the District objects to any characterization of it as the "applicant" in the City's notices and/or environmental documents. Second, because the District is improperly characterized as an applicant, the City should not be seeking the District's contribution towards the cost of the City-initiated environmental review process. This includes the already completed and rejected MND, any further environmental review that the City chooses to conduct, and any additional environmental document that the City feels itself obligated to prepare for the demolition permit and/or demolition. The District objects to any efforts by the City to direct the District to bear the costs associated with the City's environmental review in this matter. Third, the District does not believe the issuance of the demolition permit by the City in this instance is a discretionary action subject to CEQA review. The Order specifically states that the building meets the conditions of a dangerous building as set forth in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings. Also, section 8.23.150 of the City's Municipal Code provides that if it is determined that a building constitutes a public nuisance, as the City has done for the Chinatown House, the "code enforcement officer shall make a written order setting forth his or her findings and ordering the owner or other person having charge or control of such premises to abate such nuisance by having such premises,buildings or structures rehabilitated, repaired or demolished in the manner and by the means specifically set forth in the order." The Order mandates the demolition of the building and, thus, the issuance of a demolition permit appears to involve"little or no personal judgment ... as to the wisdom or manner of the demolition permit. (State CEQA Guidelines, § 15369.) Since the Municipal Code does not appear to require the environmental review that the City has nevertheless opted to undertake, the District again asserts that it should not be required to bear the costs of the City's environmental review. Lastly, in its April 25, 2013 letter to the District, the Planning Department notified the District that it would "ask the CVWD to implement an emergency stabilization plan for the structure." At this time, no new or amended abatement order has been issued to the District by the Building and Safety Official. As such, in order to avoid an enforcement action by the City, the District will continue to comply with the December 6, 2012 Order as the operative order. Should the City and its Building and Safety Official wish to direct the District to take some action not stated in the operative Order, the District respectfully requests that the City follow its notice and hearing procedures provided in the City Municipal Code sections 8.23.070 et seq. REQUESTED ACTIONS The District respectfully requests that the City (1) eliminate any reference to the District as the "applicant" from all notices or environmental documents in this matter; (2) refrain from referring to the District as the "applicant" in any notices, environmental documents, or at any public forum related to this matter; (3) bear its own costs for any environmental review or documentation P143 CUCAMONGA VALLEY WATER DISTRICT.P.O.BOX 638•RANCHO CUCAMONGA,CA 91729-0638•(909)987-2591 prepared with regard to any demolition permit and/or demolition; and (4) confirm that it will refund the District's appeal fee in the amount of$2,486.06 that the District has paid under protest. Thank you very much for your time and your consideration of this appeal. Please do not hesitate to contact me with any questions. Sincerely, Martin Zvirbulis General Manager/CEO Enclosure: Check payable to the "City of Rancho Cucamonga,"paid under protest. P144 --- --CITY OF RANCHO CUCAMONGA i CITY HALL i FINANCE DEPARTMENT 16560 CIVIC CENTER DRIVE RANCHO COCAMONGA CA 91730 RECEIPT: CRIS221877-2;DDAATE: 05/06/13 CASHIER ID: FIHCNTR TIME: 11:13:18 j BATCH ID: CSF05861 APPEAL DRC2013-801S7 Planning Fees C2,486.86 1881088 4509 i i 1 ---------------------______-__ TOTAL PAID 2,486.06 RECEIVED FROM.- BEST BEST AND KRIEGER LLP i i i UN10N BANK OFDCALIFORNIA, N.A. CjTY OF RiNg CUCAMONGA CR COUNT N.7�0 2c;48b.A6 May 15, 2013 City Council Meeting (Contact the City Clerk's Office to view the video on file.) M1 .Recognizing the Rancho Cucamonga Library for winning the 2013 National Medal for Museum and Library Service. First Lady Michelle Obama presents the 2013 National Medal for Museum and Library Service to ten institutions from across the country that have made a difference for individuals, families, and communities VIDEO PRESENTATION N R-4N � o ��I V lr-j � Q a NZ R �� Oa �l E 00 CD T D p 1 • ��� CD CZ CD CD • ... 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