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2013/10/02 - Agenda Packet
city of•L_': ,_ _ AN Li-JO Lu CAMUN GA 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 3rd Wednesdays 4 7:00 P.M. OCTOBER 2, 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 1i, CITY MANAGER John R. Gillison CITY ATTORNEY James L. Markman . ., • wp '` CITY CLERK Janice C. Reynolds rdi CLis 6nn•"o 1, . 'MR INFORMATION FOR THE PUBLIC :.....i (UC.AMONCA TO ADDRESS THE FIRE BOARD, PUBLIC FINANCING AUTHORITY, SUCCESSOR AGENCY AND CITY COUNCIL The Fire Board, Public Financing Authority,Successor Agency 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, Public Financing Authority, Successor Agency and 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 visual material, please see the City Clerk before the meeting commences. Any handouts for the Fire Board, Public Financing Authority, Successor Agency 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 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. 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"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 City's 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. Public Financing Authority, Successor Agency 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 City's website at www.cityofrc.us/cityhall/council/videos.asp for those with Hi-bandwidth (DSL/Cable Modem) or Low-bandwidth (Dial-up) Internet service. The Fire Board, Public Financing Authority.Successor Agency 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 Board. Public Financing Authority,Successor Agency and City Council. Copies of the agendas and minutes can be found @ www.cityofrc.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. l FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 1 ` �• + ` CITY COUNCIL AGENDA • OCTOBER 2, 2013 A. 5:00 P.M. - CLOSED SESSION [- CALL TO ORDER - TAPIA CONFERENCE ROOM 1. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Steinorth and Williams CLOSED SESSION CALLED TO ORDER AS THE FIRE PROTECTION DISTRICT AND CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) ID. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM I D1. CONFERENCE WITH LABOR NEGOTIATOR LORI SASSOON PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, THE MID-MANAGER, SUPERVISORY/PROFESSIONAL GROUP, THE GENERAL LABOR GROUP, THE EXECUTIVE MANAGEMENT EMPLOYEES, THE RANCHO CUCAMONGA FIREFIGHTER ASSOCIATION LOCAL 227, THE FIRE SUPPORT GROUP AND THE FIRE MANAGEMENT GROUP— CITY, FIRE D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF BASE LINE ROAD, IDENTIFIED AS 7150 ETIWANDA AVENUE; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA; AND GWYN FROST, PRESIDENT OF THE ETIWANDA HISTORICAL SOCIETY— CITY D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF BASE LINE ROAD, IDENTIFIED AS 7086 ETIWANDA AVENUE; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA, AND GWYN FROST, PRESIDENT OF THE ETIWANDA HISTORICAL SOCIETY— CITY E. CITY MANAGER ANNOUNCEMENTS FIRE PROTECTION DISTRICT, ' =•• • PUBLIC FINANCING AUTHORITY AND 2 i' • • .. ;•• ' CITY COUNCIL AGENDA OCTOBER 2, 2013 1 F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY BOARD 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. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCE AUTHORITY BOARD 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. State Legislative Update and Introduction to the Rancho Cucamonga Community by Assembly Member Chris Holden. H2. Announcement of Healthy RC Community Forum. H3. A Proclamation declaring October as International Walk to School Month. I. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Public Finance Authority Board and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Finance Authority Board and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Finance 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 •-•• ,<<a,, ,.:..,, OCTOBER 2, 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/Council 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: September 17, 2013 (Special Meeting, 3:00 p.m.) --- September 17, 2013 (Special Meeting, 5:00 and 7:00 p.m.) J2. Approval of Check Register dated September 11, 2013 through September 24, 2013 for the 1 total amount of$102,726.02. K. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: September 17, 2013 (Special Meeting, 3:00 p.m.) September 17, 2013 (Special Meeting, 5:00 and 7:00 p.m.) L. CONSENT CALENDAR - CITY COUNCIL L1. Approval of Minutes: September 17, 2013 (Special Meeting, 3:00 p.m.) --- September 17, 2013 (Special Meeting, 5:00 and 7:00 p.m.) L2. Approval of Check Register dated September 11, 2013 through September 24, 2013 and 5 payroll ending September 24, 2013 for the total amount of$5,535,202.33. L3. Approval of a reimbursement in the amount of $344,769.33 to the County of San 35 Bernardino Flood Control District that will serve to transfer the Regional Mainline Drainage Fees collected by the City of Rancho Cucamonga, as provided for in Agreement No. CO- 02-139 to meet the City's funding obligation for the Etiwanda/San Sevaine Creek Improvement Project, and approval of an appropriation of $344,769.33 to Account No. 1114303-5650/1358114-0 from the Drainage - Etiwanda/San Sevaine (Fund 114) fund balance. FIRE PROTECTION DISTRICT, • �.• : PUBLIC FINANCING AUTHORITY AND 4 • l;. •-'• CITY COUNCIL AGENDA OCTOBER 2, 2013 L4. Accept the bids received and award and authorize the execution of the contract in the 37 amount of $173,480.00, to the lowest responsive bidder, Guzman Grading and Paving Corp., and authorize the expenditure of a 10% contingency in the amount of $17,348.00, for the 4th Street Pavement Rehabilitation from Milliken Avenue to Richmond Place project to be funded from Gas Tax RT 7360 Funds, Account No. 1174303-5650/1817174-0 and appropriate an additional amount of $20,000.00 to Account No. 1174303-5650/1817174-0 from Gas Tax RT 7360 Fund balance. L5. Accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond 39 and file a Notice of Completion for Improvements for Tract 16227-2, located north of Day Creek Boulevard, west of Etiwanda Avenue, submitted by Ryland Homes. RESOLUTION NO. 13-163 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16227-2 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L6. Release of Maintenance Guarantee Cash Deposit for DRC2011-00645, located 8772 Red 42 Hill Country Club Drive, submitted by Laszlo and Maureen Vass. L7. Approve a Professional Services Agreement with Agiline to provide temporary staffing for network support in an amount not to exceed $98,800, authorize the City manager to 44 execute the agreement. M. CITY MANAGER'S STAFF REPORT - FIRE & CITY I The following items have no legal publication or posting requirements. Ml. Presentation of the 2013 Midyear Update of the Department Statistics Report. 47 M2. Presentation of Fire District's Annual Report Video for Fiscal Year 2012/13 (Oral Report) --- M3. Approval of a revised Cooperative Agreement with the California Department of 48 Transportation (Caltrans) and the San Bernardino County Associated Governments (SANBAG) (Caltrans Agreement No. 08-1549; Co13-169) assigning responsibilities for the construction support and construction capital components of the Interstate 15 at Base Line Road Interchange Improvement Project. M4. Approval of Freeway Maintenance Agreement with the California Department of 76 Transportation (Caltrans) for establishment of maintenance responsibilities related to the Interstate 15 at Base Line Road Interchange Improvement Project. M5. Approval of Amendment No. 1 to Advance Expenditure Agreement No. C13030 (CO13- 85 118) and Amendment No. 1 to Construction Cooperative Agreement No. R13028 (C013- 119) with the San Bernardino County Transportation Authority (SANBAG) for construction phase project management of the Interstate 15 at Base Line Road Interchange Improvement Project. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 5 !'�*`,� CITY COUNCIL AGENDA . OCTOBER 2, 2013 M6. Approval of an Escrow Agreement with the San Bernardino County Transportation 96 Authority (SANBAG) and Community Bank related to the deposit and disbursement of funds for construction of the Interstate 15 at Base Line Road Interchange Improvement Project. N. COUNCIL BUSINESS I 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.) 0. 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 September 26, 2013, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. September 17, 2013 RANCHO CUCAMONGA CITY COUNCIL SPECIAL MEETING MINUTES A. CALL TO ORDER I The special meeting of the Rancho Cucamonga City Council convened in the Tri-Communities Room at the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 3:02 p.m. Present were Councilmembers: Bill Alexander, Marc Steinorth, Diane Williams, Mayor Pro Tem Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Jeff Bloom, Deputy City Manager/Economic & Community Development; Bill Wittkopf, Public Works Services Director; Candyce Burnett, Planning Manager; Nettie Nielsen, Community Services Director; Ingrid Bruce, GIS/Special Districts Manager and Debra McNay, Records Manager/Assistant City Clerk. I B. PUBLIC COMMUNICATIONS I No communication was made from the public. C. ITEM FOR DISCUSSION I C1. DISCUSSION CONCERNING THE CITY'S WEST-SIDE LANDSCAPING AND STREET LIGHTING DISTRICTS City Manager John Gillison reported that the purpose of the meeting was to follow up on the discussion held last week regarding the landscaping and street light maintenance districts on the West side of the City. As requested, the schedule has been modified and the budget has been amended. Also, he noted that the staff report has been revised and calculations have been done to provide an example of the costs and rate impacts of additional improvements in the Red Hill/Lions Park area. Deputy City Manager Lori Sassoon that staff had spent time considering the feedback that was provided by the City Council at the last meeting. Staff is now recommending additional time for community engagement and discussion. The revised timeline includes performing the community engagement during the months of September through December, introducing the survey in January and determining the next steps in the end of January and February. There is an additional cost of $10,000 for a longer engagement process and an appropriation of$80,000 to supplement the $30,000 in the budget. In response to Council Member Alexander, Mrs. Sassoon indicated that staff would be working with the same consultant that was used last year. Council Member Alexander noted that a better job could have been done. Discussion was held regarding the past Proposition 218 elections and the consultant used, if any. The Deputy City Manager reported that the impacts of added capital improvement costs were evaluated and noted that this information is in front of the City Council. In response to the City Council, City Manager Gillison confirmed that a similar evaluation could be performed for the other Districts. * DRAFT * Special Meeting—City's West-Side Landscaping and Street Lighting Districts 3PM —September 17, 2013—City Council Minutes—Page 1 of 5 Council Member Williams indicated that she would prefer Option 1 (with no additional capital improvement costs) as those property owners with no parkways would be more likely to support this option. City Manager Gillison addressed parkway improvements, noting that these improvements could be put in all at once or over time. Public Works Services Director Bill Wittkopf reported that over half of the people in this area perform their own landscaping. Discussion was held about the maintenance responsibility with Mr. Wittkopf noting that the City maintains landscaping on dedicated easements. In many cases, the property owner has put in landscaping on his/her own property and is maintaining it. City Manager Gillison stated that funds could be set aside to acquire various privately-held easements and improving them. Approval of Option 2 would allow the Council to set aside funding to do these types of things. In response to Mayor Pro Tem Spagnolo, the information that was prepared was for the Red Hill/Lions Park area. Ms. Sassoon indicated that all of the Districts are challenged and that this concept could be considered for all of them. Mayor Pro Tern Spagnolo indicated that this is a very challenging and complex problem and noted that education is the key. In response to Council Member Williams, Mrs. Sassoon reported that staff would initially broadly outline the issues and then obtain feedback from the residents. Based on that information, they would develop and discuss a specific rate. Mayor Michael supported Option 1 as if the City proposed the higher number and lost, he would never forgive himself. The focus should be on maintaining these Districts over time. Council Member Steinorth appreciated the work that has been done to analyze this matter. He agreed with Mayor Pro Tern Spagnolo that the cost should be discussed first, and then the improvements. Council Member Steinorth confirmed with staff that approving Option 1 would establish a baseline for maintenance in the Districts and includes a small cushion intended for revitalization measures. Also, there would be an accelerator to ensure that this type of situation does not happen again. Regarding LMD #2, Council Member Steinorth did not believe that the message last year was very successful. As Council Member Williams has pointed out, in this situation there is not much that can be taken away if an assessment is proposed and does not pass. Council Member Steinorth would take a different approach and talk about the feature (we need to raise the cost) and the benefit (we can improve the community that you live in). We need to tell a better story and talk more about reinvigorating, revitalizing and reinvesting in the community. In response to Mayor Michael, City Manager Gillison addressed the placement of sidewalks in the Red Hill area. While an assessment district would be necessary to install sidewalks on entire streets, the City Manager noted that it would be possible to add in such capital improvement projects the cost of placing a small section of sidewalk next to existing sidewalks. The Council agreed that the message should be crafted very carefully so there is no misunderstanding. Council Member Steinorth inquired about how the benefit to the community could be enhancing and what the message could be. In response, the Deputy City Manager addressed the benefits, including financially stabilizing the Districts, improving the service levels and over time gradually constructing capital improvements such as restroom remodeling projects and parking lot improvements. Council Member Alexander indicated that the timeline seems set and expressed concern with not starting this discussion earlier. In response, Deputy City Manager Sassoon noted that work has been ongoing for two years and recommended that a dialogue be authorized, not a decision to start a Proposition 218 process. City Manager John Gillison noted that the timeline was partially due to some of these Districts hitting a crisis point by the end of the year. The numbers are being provided to the City Council as the survey * DRAFT * Special Meeting—City's West-Side Landscaping and Street Lighting Districts 3PM —September 17, 2013—City Council Minutes—Page 2 of 5 needs to have some information to frame the question properly. He indicated that if the survey shows a disinterest in the Proposition 218 process, this will be valuable information for the City Council. In response to Mayor Michael, Mr. Gillison addressed the survey. He confirmed that if the Council chose Option #1, the survey could also ask if the property owner was willing to pay a little extra money in order to support additional improvements. In response to Council Member Steinorth, Deputy City Manager Sassoon believed that about $55,000 of the $110,000 was for the survey and the mailers were about$40,000. Council Member Williams stressed that the language should focus on parks and lighting, not landscaping. In response to Council Member Williams, Mrs. Sassoon indicated that staff would be very specific on what areas are affected and what type of improvements would be made. In response to Council Member Alexander, Mr. Gillison confirmed that property owners can install their own sidewalk rather than pay an assessment for it. However, he indicated that the property owner would assume some liability as well. The Council discussed the flexibility in this process as the proposed assessment (if any) would be crafted as a result of the dialogue with the community. In response to Council Member Williams, discussion was held regarding how the community meetings would be held. It was confirmed that staff would work with the property owners to determine the assessment and the types of improvements desired. In response to Mayor Michael, it was confirmed that the City would maintain improvements installed by the City. Mrs. Sassoon stressed that the City can not campaign for the assessment but can provide information to educate the community. The Council discussed the timing of the matter, noting that it would have been a good idea to bring this to the community 10-15 years ago. In response to Council Member Williams, Mrs. Sassoon confirmed that staff has been identifying people in each District who could help disseminate this message and welcomed suggestions. In response to Council Member Alexander, City Manager Gillison reported that Central Park is not in any District. In response to Council Member Steinorth, Deputy City Manager Sassoon addressed the $110,000 cost and indicated that approximately $55,000 is for the telephone survey and $40,000 is for the mailers. Discussion was held about this cost, what would be provided and why such an extensive survey was needed. Deputy City Manager Sassoon reported that the survey is very large and a large sample is needed to provide assurance that the survey is viable. In response to Council Member Alexander, the cost of a delay could be compared to the current deficit of $1.2 million annually for all of the Districts. Deputy City Manager Sassoon hoped that the actual cost would be less than $110,000 but she noted that this is a conservative estimate of the cost of the community engagement process. The City Manager indicated that the City accepted bids for this work last time and this consultant provided the lowest cost. The scope of the work was negotiated further to meet the needs of the City. Mayor Michael confirmed that information would be placed in the Grapevine. He suggested that when surveys are being done that banners be placed at Archibald and Base Line to encourage participation. In response to Mayor Michael, City Manager Gillison indicated that direction was needed on which option to pursue, approval to proceed with the community engagement process and an appropriation of $80,000. Discussion was held regarding the options available to the City Council. Council Member Steinorth wondered if it would be statistically valid to reference Option #2. He noted that the survey question would be $166.74 to improve the beautification project or $135.80 to maintain exactly what they have. In response, Mrs. Sassoon clarified the need to survey what the ballot question would be. The ballot never would give these two choices. Council Member Steinorth noted that the survey would be lengthy and felt * DRAFT * Special Meeting—City's West-Side Landscaping and Street Lighting Districts 3PM— September 17, 2013—City Council Minutes— Page 3 of 5 that there should be some flexibility to gauge where the property owner's interests lay. It was noted that this would be a 10 to 12 minute telephone survey. If too many questions are used, the validity of the survey is impeded. Mrs. Sassoon recommended that the survey focus on the lower number and then add on a question about the second option. Discussion was held. City Manager Gillison indicated that this question would be posed to the consultant for his recommendation. Council Member Steinorth suggested that an A-B test be conducted, as 500 would still be statistically valid based on 1,000 households. In response, Deputy City Manager indicated that it would be less than that as there would be 8 Districts. Council Member Steinorth inquired if at least one or two of the 8 different zones could have an A-B survey. In response, the City Manager confirmed to Mayor Pro Tern Spagnolo that some of these Districts might not be in favor of a vote. The City Council could then pursue a Proposition 218 election in the more favorable Districts. At the conclusion of the discussion, the City Manager indicated that if direction was given today to proceed, staff could discuss this further with the consultant and bring back an additional cost to the City Council for a larger sample if this option was found to be viable. In response to Mayor Michael, Deputy City Manager Sassoon reported that the feedback from LMD #2 was a resounding no when asked if they were in support of an additional cost. This was surprising as staff had heard a lot of interest in improvements, but property owners were not in favor of paying for it. Council Member Steinorth defined an A-B survey, in which you ask the question based on Option #1 to a group of people. The B survey would ask a question based on Option #2 to a different group of people and the results are compared to determine which option was favored. The City Council would get more data on which option has the least amount of resistance. In response, Mrs. Sassoon pointed out that in the Red Hill District, there only would be 200 people surveyed. If you split that amount in half to do an A-B survey, she didn't know if the results would be statistically valid. In response to Council Member Williams, the Deputy City Manager noted that a subset of people are paying $31.00 a year. Most; however, are paying around $100.00 as they are paying into several Districts. With some exceptions, Mrs. Sassoon indicated that we will already be asking them if they are willing to pay more. The industrial areas and apartments would pay less. Mr. Gillison noted that if the City Council wants to pursue an A-B, this can be accommodated. If the City Council wants to discuss this with the consultant, another meeting can be scheduled. He reported that staff struggled to get statistical validity with the consultant. He recommended that an option be chosen so that we can move ahead with the community engagement process. Mayor Michael inquired on the improvements inherent with Option #2. Mr. Gillison noted that there would be a general statement about maintaining and improving the District. A motion was made by Council Member Steinorth to reschedule another meeting in a week. Mayor Michael noted that time was precious and suggested that staff meet with the consultant to discuss this further. Mrs. Sassoon reported that the information that was prepared was just for one District. She inquired what improvements the City Council would like to see for the other Districts. To clarify, Council Member Steinorth indicated that he would like to see this discussed with the consultant. The City Council could arbitrarily choose a higher percentage rate for another District as the second option. He wasn't proposing that an A-B survey be pursued for each District. Council Member Williams noted that Red Hill/Lions Park District might be in favor of Option #2 but she didn't believe the southern Districts would support such a concept. It really is unique to each District. * DRAFT * Special Meeting—City's West-Side Landscaping and Street Lighting Districts 3PM—September 17, 2013—City Council Minutes—Page 4 of 5 City Manager Gillison noted that we can discuss this further with the consultant, see when he is available and schedule another meeting. The motion died due to lack of a second. Council Member Alexander noted that he really believes that we need to proceed with this. Council Member Steinorth stated that he would like to hear from the consultant and would like a commitment from staff that we would try to incorporate Option #2 into a statistically valid survey. Mr. Gillison noted that if approval is given to go forward, staff would start the community engagement process. The surveying would not be done until January, which will give staff the opportunity to discuss this further with the consultant. If staff receives different information, another workshop would be scheduled with the Council to get additional direction. The consultant could be present at this workshop to discuss this further. A motion was made by Council Member Williams and seconded by Mayor Pro Tern Spagnolo to move forward with the community engagement process, allocate the additional $80,000 and bring back the information from the consultant on conducting an A-B survey. The motion was unanimous. ID. ADJOURNMENT Mayor L. Dennis Michael adjourned the meeting at 4:35 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * DRAFT * Special Meeting—City's West-Side Landscaping and Street Lighting Districts 3PM—September 17, 2013—City Council Minutes—Page 5 of 5 September 17, 2013 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY CLOSED AND OPEN SESSION, SPECIAL MEETINGS MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council, Fire Protection District and Successor Agency held a closed session on Tuesday, September 17, 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 L. Dennis Michael. Present were Council/Fire Protection District Members: Bill Alexander, Diane Williams, Marc Steinorth, Mayor Pro TemNice President Sam Spagnolo and Mayor/President L. Dennis Michael. Also present were: John Gillison, City Manager; Deputy City Attorney Steven Flower; 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. CONFERENCE WITH LABOR NEGOTIATOR CHRIS PAXTON PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, THE MID-MANAGER, SUPERVISORY/PROFESSIONAL GROUP. THE GENERAL LABOR GROUP, THE EXECUTIVE MANAGEMENT EMPLOYEES, THE RANCHO CUCAMONGA FIREFIGHTER ASSOCIATION LOCAL 227. THE FIRE SUPPORT GROUP AND THE FIRE MANAGEMENT GROUP— CITY, FIRE D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF BASE LINE ROAD, IDENTIFIED AS 7150 ETIWANDA AVENUE; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA; AND GWYN FROST, PRESIDENT OF THE ETIWANDA HISTORICAL SOCIETY— CITY D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD, IDENTIFIED AS 7418 ARCHIBALD AVENUE; NEGOTIATING PARTIES: LINDA D. DANIELS. ASSISTANT CITY MANAGER. CITY OF RANCHO CUCAMONGA; AND EUNICE BOBERT, ORANGE HOUSING DEVELOPENT CORPORATION — HOUSING SUCCESSOR AGENCY D4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(B) — ONE CASE — HOUSING SUCCESOR AGENCY IC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No persons were present wishing to speak. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes 5PM and 7PM — Special Meeting —September 17, 2013 - Page 1 of 9 E. CITY MANAGER ANNOUNCEMENTS I No announcements were made. F. RECESS I CLOSED SESSION TO RECESS TO THE FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY BOARD 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. The closed session recessed at 5:45 p.m. with no action taken. G. SPECIAL 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. President/Chairman/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; Steven Flower, Deputy City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Jeff Bloom, Deputy City Manager/Economic & Community Development; Bill Wittkopf, Public Works Services Director; Nettie Nielsen, Community Services Director; Veronica Fincher, Animal Services Director; Robert Karatsu, Library Director; Fire Chief Mike Bell; Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. (I H. ANNOUNCEMENTS/PRESENTATIONS 1 H1. Healthy RC Dining Presentation. Recognizing Carrow's Restaurant. Mayor Michael recognized Marcie Orioli from Carrow's restaurant and commended her for participating in the Healthy RC Dining program. H2. Presentation of donation from fundraising efforts of Gold Star Parents Rick and Kim Creed and Gold Star Families, to assist with replacement of worn Armed Services Banners. Gold Star Parents Rick and Kim Creed and the Gold Star families presented a donation to the Mayor and Members of the City Council. H3. Proclamation Recognizing September, 2013 as National Preparedness Month Breanna Medina, Management Analyst II announced the Ready RC Program. Mayor Michael presented a certificate of recognition to Rancho Innovations. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes 5PM and 7PM —Special Meeting—September 17, 2013- Page 2 of 9 H4. Announcement of Healthy RC Community Forum. Ruben Brambilia, Healthy RC Project Manager, announced the upcoming Healthy RC Community Forum at Victoria Gardens in Celebration Hall on October 10, 2013. II. PUBLIC COMMUNICATIONS 11. Jerie Lee thanked the City Council for the new gymnasium. She addressed the development of Central Park, noting that the defeated measure to develop this park occurred 13 years ago. Mrs. Lee noted that the park needs to be improved and stated that this should be done incrementally. 12. Dana Keithly addressed Item M3 (Animal Center Strategic Plan), and pointed out that there is not an opportunity for the public to comment on the plan. She expected that the Strategic Plan will highlight wonderful events but noted the animals would tell a different story if they could speak. A workshop has been requested in the past and Ms. Keithly urged the City Council to allow the community to have a say in what is happening at the Center. 13. Melissa Schweigert noted that the City has not been following Mr. Winograd's recommendations. She indicated that adoptions were down and euthanasia has increased in 2012. 14. Ondra Gilbertson pointed out that the Center's mission statement allows the Center to euthanize adoptable animals. The number of programs and services are down and a number of rescues are not being used. Also, outside adoption events are no longer allowed. 15. Allison Kreider stated that the number of active volunteers has decreased and indicated that there is an onerous volunteer process. She displayed information about Casey, who was walked twice in eight weeks. There was no information that efforts were made to rehabilitate this dog before he was euthanized. 16. Vicky Reust noted that she was recognized as a Foster Parent of the Year but was fired for bringing up concerns about the animals. She showed a video of a woman who stated that she lived in Mira Loma and had tried to drop off a young kitten at the Center. This woman stated that the Center had told her that they would euthanize the animal if no foster home was found. Ms. Reust indicated that she had saved the animal and showed it to the City Council. 17. Susan Keithly showed a chart which compared Mr. Winograd's recommended personnel costs of $1,043,244 with the Center's actual costs of $2,126,390. She pointed out that the money is being spent on personnel rather than animals. Ms. Keithly indicated that the City could use volunteers to keep costs low. 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. IJ. CONSENT CALENDAR - FIRE PROTECTION DISTRICT I J1. Approval of Minutes: September 4, 2013 (Regular meeting) * DRAFT * Fire Protection District, Financing Authority, City Council Minutes 5PM and 7PM —Special Meeting—September 17, 2013 - Page 3 of 9 J2. Approval of Check Register dated August 28, 2013 through September 10, 2013 for the total of$285,149.94. J3. Approval to receive and file current Investment Schedule as of August 31, 2013. J4. Approval to award and authorize the execution of Contract FD 13-016 in the amount of $13,136 to Ninyo & Moore, Geotechnical and Environmental Engineers, and authorize the expenditure of a 10% contingency in the amount of $1,314, for the third party abatement clearance inspections at the San Bernardino Road Fire Station (172) at 9612 San Bernardino Road during the Capital Maintenance Project Asbestos and Lead Abatement Phase, to be funded from Fire Protection Capital Funds, Account No. 3288501-5602 (Capital Outlay-Bldg & Improvement). J5. Approval to authorize an increase to Contract No. FD 12-002 in the amount of $7,500 to WLC Architects, Inc. and approve Amendment No. 03 for the Civil and Structural Engineering services for the Fire District Capital Maintenance Project performed at the Amethyst Fire Station, in accordance with the proposal dated July 24, 2013, funded from Account No. 3289501-5300; and approve an appropriation in the amount of$7,500 from Fire District Capital reserves to Account No. 3289501-5300. J6. Accept the Hellman Fire Station (177) Landscaping Project, Contract No. FD12-126 as complete, release the bonds, accept a maintenance bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of$218,782.64. RESOLUTION NO. FD 13-035 A RESOLUTION OF THE FIRE BOARD OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE HELLMAN FIRE STATION (177) LANDSCAPING PROJECT, CONTRACT NO. FD12-126, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Spagnolo, seconded by Alexander, to approve the staff recommendations in the staff reports. Motion carried 5-0. IL K. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: September 4, 2013 (Regular meeting) MOTION: Moved by Alexander, seconded by Williams, to approve the minutes. Motion carried 5-0. L. CONSENT CALENDAR - CITY COUNCIL L1. Approval of Minutes: September 4, 2013 (Regular meeting) L2. Approval of Check Register dated August 28, 2013 through September 10, 2013 and payroll ending September 10, 2013 for the total of $3,198,747,48. L3. Approval to receive and file current Investment Schedule as of August 31, 2013. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes 5PM and 7PM —Special Meeting—September 17, 2013- Page 4 of 9 L4. Approval and acceptance of grant donation in the amount of $6,250 from the San Manuel Band of Mission Indians for construction and placement of a flag retirement urn inside Freedom Courtyard and appropriation of funds into 1272000-4740 (Grant Revenue) and 1272401-5650 (Capital Projects) the Freedom Courtyard RSRC grants fund. L5. Approval of a single source vendor selection and authorize a contract (CO 13-227) with Tot Lot Pros, of Fontana, California for Playground Resurfacing Maintenance at Various Parks City- Wide as per the adopted budget funded by multiple City and landscape maintenance accounts with an option to renew for additional one (1) year periods, upon review and mutual consent and confirmation of pricing and City approval of any price revisions, up to a total of seven (7) years. L6. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, adopting the Measure "I" Five-Year Capital Improvement Program and Improvement Plan Expenditure Strategy for Measure "I" Funds covering Fiscal Years 2013/2018. RESOLUTION NO. 13-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL YEARS 2013/2018 AND IMPROVEMENT PLAN EXPENDITURE STRATEGY FOR THE EXPENDITURE OF MEASURE "I" FUNDS L7. Accept the improvements, release the Faithful Performance Bond, accept a maintenance bond and file a Notice of Completion for Improvements for ROW2012-00625, located at the intersection of 6th Street and Richmond Avenue, submitted by Amphastar Pharmaceuticals. RESOLUTION NO. 13-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ACCEPTING THE PUBLIC IMPROVEMENTS FOR ROW2012-00625 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L8. Approval to renew Contract #13-228 between NEC Corporation of America and the City of Rancho Cucamonga for telephone system maintenance and support services for Fiscal Year 2013/14, in the amount of $85,620, and a contingency in the amount of $9,158 to be funded from Account No. 1 001 21 7-5300 (Contract Services). MOTION: Moved by Williams, seconded by Spagnolo to adopt the recommendations in the staff reports. Motion carried 5-0. M. CITY MANAGER'S STAFF REPORT The following items have no legal publication or posting requirements. Ml. Approval of a Resolution authorizing the issuance of bonds for Community Facilities District No. 2003-01 Designated Improvement Area No. 2 Special Tax Refunding Bonds, Series 2013 in an aggregate principal amount not to exceed $3,100,000 (Three Million, One Hundred Thousand Dollars) and the defeasance and refunding of prior special tax bonds. — City * DRAFT * Fire Protection District, Financing Authority, City Council Minutes 5PM and 7PM —Special Meeting —September 17, 2013 - Page 5 of 9 RESOLUTION NO. 13-162 A RESOLUTION OF THE CITY COUNCIL OF CITY OF RANCHO CUCAMONGA AUTHORIZING THE ISSUANCE OF BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 DESIGNATED IMPROVEMENT AREA NO. 2 SPECIAL TAX REFUNDING BONDS, SERIES 2013 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,100,000, AND THE DEFEASANCE AND REFUNDING OF PRIOR SPECIAL TAX BONDS OF SUCH DISTRICT ISSUED FOR IMPROVEMENT AREA NO. 2 THEREOF, APPROVING THE FORM OF A FISCAL AGENT AGREEMENT AND AUTHORIZING THE DIRECT SALE OF THE BONDS TO ALLIANCE BANK OF ARIZONA AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS Ingrid Bruce, GIS/Special Districts Manager presented the staff report. MOTION: Moved by Steinorth, seconded by Williams to adopt Resolution No. 13-162. Motion carried 5- 0. M2. Approval of Resolution FD 13-036 agreeing to the terms of the Addendum to the Joint Powers Agreement of CONFIRE adding Rancho Cucamonga Fire Protection District as a member agency; and approve an appropriation in the amount of $320,613 from Fire District Capital Reserves to Account No. 3288501-5300 to pay the one time membership fee. - Fire RESOLUTION NO. FD 13-036 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, AGREEING TO THE TERMS OF THE ADDENDUM TO THE CONFIRE JOINT POWERS AGREEMENT ADDING THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AS A MEMBER AGENCY THUS BECOMING A SIGNATORY AGENCY TO THE CONFIRE JPA Fire Chief Mike Bell indicated that an updated staff report had been distributed to the City Council and introduced Battalion Chief Ivan Rojer, who presented the staff report. In response to Mayor Pro Tern Spagnolo, the Fire Chief addressed CONFIRE's recent accreditation. In response to Council Member Alexander, Chief Bell confirmed that CONFIRE would no longer serve the East Valley and indicated that the amendment addresses this change. Chief Bell also addressed the one time membership fee and why it was established. MOTION: Moved by Spagnolo, seconded by Williams to appoint Council Member Steinorth to the CONFIRE Board of Directors. Motion carried 5-0. MOTION: Moved by Spagnolo, seconded by Steinorth to appoint Council Member Williams as an alternate to the CONFIRE Board of Directors. Motion carried 5-0. MOTION: Moved by Spagnolo, seconded by Williams to adopt Resolution No. FD 13-036. Motion carried 5-0. MOTION: Moved by Spagnolo, seconded by Williams to appropriate $320,613 from the Fire District Capital Reserves to pay the membership fee. Motion carried 5-0. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes 5PM and 7PM —Special Meeting—September 17, 2013 - Page 6 of 9 M3. Animal Care and Adoption Center Strategic Plan - City Veronica Fincher, Animal Care and Services Director, presented the staff report. In response to Mayor Pro Tern Spagnolo, Ms. Fincher indicated that some sort of incentive could be established to encourage residents to spay or neuter their pets. Mayor Pro Tern Spagnolo concurred with the expansion of the licensing program, the ban on pet shops and the improvements to the Center. In response to Mayor Pro Tern Spagnolo, the Director commented on the owner-requested euthanasia as there are pros and cons to eliminating this service. Council Member Steinorth concurred with the establishment of a retail center and the concept of an animal trainer. He was reluctant to support an Ordinance prohibiting pet shops but supported the Pet Cadets and the Community Cat program. Council Member Steinorth wanted to continue to provide the owner-requested euthanasia service for irremediably-ill animals. In response to Council Member Williams, the Director noted that it costs about $35 to euthanize an animal. Council Member Williams supported providing this service but did not understand why this number was included with the other euthanasia numbers. Council Member Williams supported the creation of a Foundation. She clarified that any funds placed into the Community Foundation for the Animal Center is clearly earmarked and used for that purpose. Regarding the proposed feral cat trap and release program, Council Member Williams wondered on the City's response if people did not want the cats returned. In response, Ms. Fincher expected that this would occur and stated that a strong public education campaign would be needed. Discussion was held regarding how to proceed with the consideration of the policy decisions. City Manager Gillison indicated that the strategic plan would be modified based on the Council's policy decisions. Council Member Alexander noted that additional full time employees are not needed at the Center and stressed the need for fiscal responsibility. He was not convinced with the information on the volunteer program and the promise that improvements would occur. In response to Mayor Michael, the Director addressed the average length of stay at the Center. She noted that the average animal stays 21 days and there are two dogs currently at the Center that have been there over a year. Mayor Michael supported the proposed retail center and a no-kill goal. He noted that a lot of work has been done with this Strategic Plan and felt that further discussion was needed on some of the policy decisions. For example, Mayor Michael wanted additional discussion on the pet shop prohibition. Mayor Michael supported a spay and neuter Ordinance. In response to Mayor Michael, the Director indicated that there are 23 full time and 6 part time employees at the Center. Mayor Michael pointed out that many of Nathan Winograd's recommendations have been completed and appreciated the many suggestions in the plan to reduce the number of animals at the Center. In response to Council Member Williams, Ms. Fincher addressed the proposal to increase the number of animals allowed on larger parcels and noted that she would be meeting with the Planning Department to develop a recommendation. Discussion was held regarding the policy decisions. The City Manager noted that staff would be bringing back the policy items that need the Council's attention. Regarding the staffing levels, Mr. Gillison pointed out that no additional staff would be funded without Council approval and an appropriation. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes 5PM and 7PM —Special Meeting—September 17, 2013 - Page 7 of 9 Council Member Alexander did not support the proposed personnel increases and wondered why a Shelter Manager was needed. In response, Mayor Pro Tem Spagnolo indicated that the Center is always closely scrutinized and criticized over everything that they do. However, he believed that there have been many improvements from the County operation. City Manager Gillison suggested that the City Council approve the Strategic Plan and direct that the four policy decisions come back separately for further discussion. MOTION: Moved by Spagnolo, seconded by Williams to approve the Strategic Plan and to bring the policy decisions back to the City Council when appropriate. Motion carried 3-2 (Alexander and Steinorth no). N. COUNCIL BUSINESS I The following items have been requested by the City Council for discussion. N1. REVIEW OF CENTRAL PARK HISTORY AND STATUS Nettie Nielson, Community Services Director, and Bill Wittkopf, Public Works Services Director, presented the staff report. Council Member Alexander pointed out that there was a large sign in front of the property in the 1980's promising Central Park. Promises were made to the community. Council Member Alexander noted that the ballot measure was poorly done and ultimately failed. He indicated that the park is a fire hazard and expressed a concern with the hap-hazard trails, bonfires and debris left in that area. The Council Member noted that something should be done to improve the park. Council Member Steinorth agreed with the development of adequate reserves and suggested that improvements be made incrementally. Mayor Pro Tern Spagnolo noted that a Needs Assessment is being developed in order to determine community requirements. He stressed that the City Council had been planning for Central Park for many years and pointed out that the City would be working on the second phase right now if the funding hadn't been taken away. Council Member Williams appreciated receiving the information about the history of the park. She had participated in the master planning of the park that had occurred in 1984. The Council Member supported taking one component of a master plan at a time but did not want to stray away from the overall plan. Mayor Michael noted that the City Council was moving forward with the development of a water park when the State took away $32 million from the project. He wondered what would happen if the City planted an oak tree and then later on found out that it was in the same location as a future lake. Once the Needs Assessment and Master Plan has been developed, the Mayor supported incremental development. N2. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) Council Member Williams reported that she attended a meeting of the Southern California Association of Governments last Thursday. The Energy and Environment committee discussed how the wiring for electric vehicles should be accommodated in new homes. * DRAFT * Fire Protection District, Financing Authority, City Council Minutes 5PM and 7PM —Special Meeting— September 17, 2013- Page 8 of 9 N3. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Alexander noted that water is still being used inefficiently in areas of the City. He looked forward to discussing the City's overall park and recreation needs and hoped that this discussion would occur as soon as possible. 0. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. P. ADJOURNMENT Mayor Michael adjourned the meeting at 9:57 p.m. Respectfully submitted, Debra L. 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C G Cl. t/J e `� ..e,�°, ' 1x m a +�i pO .80 3' } per, qj � • _ytt " 1 in 0 ID 0 gwet 1 ?. to3 Q t? tJ " ip ' 3Qp q) _ _::,, `,,'t it 0 cc le O i '= }- CO C? j 1 ' \I 4 -: • I le c -1 CIO Cal Z I ' pp ice* . i � �^ ;'tzi up VI' tea ce. . g r ,iiiii CO CO a +� UiIwjf a 1111 g B Proclamation WHEREAS, the City of Rancho Cucamonga is committed to creating a "Healthy RC" and promoting the health and safety of all children; and WHEREAS, a lack of physical activity plays a leading role in rising rates of obesity, diabetes and other health problems among children, and walking or bicycling to school offers an opportunity to build activity into daily routine; and WHEREAS, the City has developed the Healthy RC Kids Safe Routes to School Program — a comprehensive approach to bicycle and pedestrian safety to enable and encourage all children to walk and bicycle to school; and WHEREAS, as this program makes it possible for more children to safely walk and bicycle to school, our community will benefit from reduced traffic congestion, better air quality and healthier lifestyles for our children; and WHEREAS, Ruth Musser Middle School is joining these efforts and has shown a commitment to improving community health; and WHEREAS, children, parents and community leaders around the world are joining together to walk and bicycle to school on "International Walk to School Day, " October 9, 2013 and throughout the month of October; and WHEREAS, Walk to School events are intended to encourage more families to get out of the car and onto their feet and walk with their children to school. NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Rancho Cucamonga does hereby proclaim October 9, 2013 as "Walk to School Day" and October as "Walk to School Month" in Rancho Cucamonga, and encourages all students, parents, teachers, administrators, and schools to participate in these events, and commends Ruth Musser Middle School in their efforts in participating in the Healthy RC Kids Safe Routes to School Program. 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 2"d day of October, 2013. / \ e H \ / j �� \ \ Q k@ o \ \ \ rci 44 } o ® ® q • � � � 4 \ ƒ » Q r \ « O cn / C / ® a 4 z \ 2 k cu z ¥ / \ \ $ a \ �¥ ( & \ k 2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P1 Agenda Check Register 9/11/2013 through 9/24/2013 Check No. Check Date Vendor Name Amount AP 00340025 2013/09/11 ( DEPARTMENT OF FORESTRY AND FIRE PROTEC 586.00 AP 00340336 2013/09/19( CITRUS MOTORS ONTARIO INC 96.79 AP 00340336 2013/09/19 CITRUS MOTORS ONTARIO INC 1 13.45 AP 00340135 2013/09/12( AIRGAS USA LLC 66.71 AP 00340316 2013/09/18( VERIZON CALIFORNIA 536.20 AP 00340316 2013/09/18( VERIZON CALIFORNIA 478.20 AP 00340146 2013/09/12( UNIFIRST UNIFORM SERVICE 74.07 AP 00339999 2013/09/11 ( ALL CITIES TOOLS 53.90 AP 00340047 2013/09/11 ( HOYT LUMBER CO., SM 13.56 AP 00340323 2013/09/18( VORTEX INDUSTRIES INC 319.00 AP 00340325 2013/09/18( WAXIE SANITARY SUPPLY 212.30 AP, 00340146 2013/09/12( UNIFIRST UNIFORM SERVICE 57.19 AP 00340164 2013/09/18( BOUND TREE MEDICAL LLC. 368.35 AP 00340016 2013/09/11 ( CHARTER COMMUNICATIONS 695.70 AP 00340022 2013/09/11 l DANIELS TIRE SERVICE 471.57 AP 00340316 2013/09/18 ( VERIZON CALIFORNIA 83.28 AP 00340332 2013/09/18 ( WLC 1,364.06 AP 00340099 2013/09/111 SOUTHERN CALIFORNIA EDISON 1,221.14 AP 00340334 2013/09/19( ABC LOCKSMITHS 998.20 AP 00340140 2013/09/12 1 INTERSTATE BATTERIES 116.64 AP 00340151 2013/09/18 ( ADAPT CONSULTING INC 1,147.67 AP 00340177 2013/09/18 1 CAPITAL ONE COMMERCIAL 150.44 AP 00340055 2013/09/11 I LARKIN, DAVID W 251.88 AP 00340248 2013/09/18 I OFFICE DEPOT 1.20 AP 00340093 2013/09/111 SC FUELS _ 1,152.74 AP 00340124 2013/09/11 I VERIZON CALIFORNIA 135.47 AP 00340230 2013/09/181 LOWES COMPANIES INC. 105.96 AP 00340268 2013/09/18( SAFE-ENTRY TECHNICAL INC 214.44 AP 00340054 2013/09/11 ( LAIRD CONSTRUCTION CO 2,017.42 AP 00340199 2013/09/18( GOLDEN STAR TECHNOLOGY INC 650.00 AP 00340202 2013/09/181 GRAINGER 8.69 AP 00340211 2013/09/18( HOYT LUMBER CO., SM 2.61 AP 00340230 2013/09/18 ( LOWES COMPANIES INC. 138.37 AP 00340230 2013/09/18 ( LOWES COMPANIES INC. 31.01 AP 00340224 2013/09/18 ( KRONOS INC 5,215.18 AP 00340268 2013/09/181 SAFE-ENTRY TECHNICAL INC 156.32 AP 00340124 2013/09/11 ( VERIZON CALIFORNIA 135.47 AP 00340230 2013/09/181 LOWES COMPANIES INC. 47.15 AP 00340246 2013/09/181 NEXTEL 162.97 AP 00340057 2013/09/11 1 LIFE ASSIST INC 657.24 AP 00340093 2013/09/11 1 SC FUELS 1,451.60 AP 00340093 2013/09/11 1 SC FUELS 975.78 AP 00340124 2013/09/11 1 VERIZON CALIFORNIA 480.19 AP 00340022 2013/09/11 1 DANIELS TIRE SERVICE 957.44 AP 00340336 2013/09/19 l CITRUS MOTORS ONTARIO INC 230.36 User: VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 09/25/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P2 Agenda Check Register 9/11/2013 through 9/24/2013 Check No. Check Date Vendor Name Amouni AP 00340341 2013/09/19( DUNN EDWARDS CORPORATION 37.17 AP 00340316 2013/09/18( VERIZON CALIFORNIA 45.15 AP 00340311 2013/09/181 VAN GAALEN LOCK& KEY 1,700.24 AP 00340324 2013/09/18( WALTERS WHOLESALE ELECTRIC CO 2,558.78 AP 00340327 2013/09/18( WENGER,JEFF 390.85 AP 00340167 2013/09/18( BW PRINTWORKS 509.98 AP 00339999 2013/09/11 ( ALL CITIES TOOLS 347.27 AP 00340343 2013/09/19( ESI ACQUISITIONS INC 9,000.00 AP 00340146 2013/09/121 UNIFIRST UNIFORM SERVICE 27.48 AP 00340147 2013/09/181 A& A APPLIANCE SERVICE 171.04 AP 00339999 2013/09/111 ALL CITIES TOOLS 64.80 AP 00340025 2013/09/11 ( DEPARTMENT OF FORESTRY AND FIRE PROTEC 248.00 AP 00340033 2013/09/11 I •FISHER SCIENTIFIC CO LLC 4,156.82 AP 00340316 2013/09/181 VERIZON CALIFORNIA 203.35 AP 00340067 2013/09/11 I MIELKE, BRETT 124.19 AP 00340047 2013/09/11 1 HOYT LUMBER CO., SM 32.07 AP 00340200 2013/09/18 1 GOLDEN STATE RISK MANAGEMENT AUTHORI" 1,026.00 AP 00340099 2013/09/11 I SOUTHERN CALIFORNIA EDISON 1,226.24 AP 00340211 2013/09/18( HOYT LUMBER CO., SM 31.07 AP 00340219 2013/09/18( JOHNSON MACHINERY COMPANY 8.62 AP 00340248 2013/09/181 OFFICE DEPOT 34.22 AP 00340054 2013/09/11 ( LAIRD CONSTRUCTION CO -100.87 AP 00340093 2013/09/111 SC FUELS 665.09 AP 00340124 2013/09/11 1 VERIZON CALIFORNIA 63.14 AP 00340230 2013/09/18( LOWES COMPANIES INC. 21.00 AP 00340124 2013/09/11 ( VERIZON CALIFORNIA 45.15 AP 00340202 2013/09/18( GRAINGER 34.77 AP 00340230 2013/09/18( LOWES COMPANIES INC. 107.67 AP 00340268 2013/09/18( SAFE-ENTRY TECHNICAL INC 175.00 AP 00340230 2013/09/18( LOWES COMPANIES INC. 12.25 AP 00340232 2013/09/18 1 MARLINK SA INC 27.00 AP 00340093 2013/09/11 I SC FUELS 1,842.74 AP 00340093 2013/09/11 1 SC FUELS 567.76 AP 00340124 2013/09/111 VERIZON CALIFORNIA 45.15 AP 00340336 2013/09/191 CITRUS MOTORS ONTARIO INC 100.09 AP 00340356 2013/09/191 SUNRISE FORD 313.57 AP 00340342 2013/09/191 EMCORSERVICE 1,401.97 AP 00340316 2013/09/181 VERIZON CALIFORNIA 51.71 AP 00340140 2013/09/12( INTERSTATE BATTERIES 116.64 AP 00339999 2013/09/11 ( ALL CITIES TOOLS 109.46 AP 00340325 2013/09/18( WAXIE SANITARY SUPPLY 636.91 AP 00340140 2013/09/12( INTERSTATE BATTERIES 38.88 AP 00340146 2013/09/12( UNIFIRST UNIFORM SERVICE 42.93 AP 00340146 2013/09/12 ( UNIFIRST UNIFORM SERVICE 57.19 AP 00340006 2013/09/11 l BELL, MICHAEL L. 20.00 User: VLOPEZ- VERONICA LOPEZ Page: 2 Current Date: 09/25/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 15:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P3 Agenda Check Register 9/11/2013 through 9/24/2013 Check No. Check Date Vendor Name Amouni AP 00340025 2013/09/11 1 DEPARTMENT OF FORESTRY AND FIRE PROTEC 470.40 AP 00340126 2013/09/11 1 VIVERAE INC 2,535.50 AP 00340316 2013/09/18 ( VERIZON CALIFORNIA 94.16 AP 00340339 2013/09/191 CUCAMONGA VALLEY WATER DISTRICT 707.84 AP 00340139 2013/09/12 1 CUCAMONGA VALLEY WATER DISTRICT 55.20 AP 00340099 2013/09/11 1 SOUTHERN CALIFORNIA EDISON 440.27 AP 00340197 2013/09/18 ( GENERAL SERVICES ADMIN. 3,766.94 AP 00340006 2013/09/11 1 BELL, MICHAEL L. 12.00 AP 00340033 2013/09/11 1 FISHER SCIENTIFIC CO LLC 12,470.44 AP 00340316 2013/09/18 ( VERIZON CALIFORNIA 555.21 AP 00340323' 2013/09/18 VORTEX INDUSTRIES INC 381.30 AP 00340063 2013/09/11 ( MAGNUSON, PETER 110.80 AP 00340197 2013/09/18 ( GENERAL SERVICES ADMIN. 2,775.32 AP 00340085 2013/09/11 I RESCUE RESPONSE GEAR LLC 2,942.65 AP 00340093 2013/09/111 SC FUELS 6,604.55 AP 00340124 2013/09/111 VERIZON CALIFORNIA 24.07 . AP 00340230 2013/09/181 LOWES COMPANIES INC. 13.31 AP 00340219 2013/09/181 JOHNSON MACHINERY COMPANY 100.27 AP 00340124 2013/09/111 VERIZON CALIFORNIA 480.19 AP 00340230 2013/09/18 ( LOWES COMPANIES INC. 8.68 AP 00340124 2013/09/11 I VERIZON CALIFORNIA 480.19 AP 00340230 2013/09/181 LOWES COMPANIES INC. 52.99 AP 00340232 2013/09/18( MARLINK SA INC 135.00 AP 00340252 2013/09/181 PATTON SALES CORP 58.32 AP 00340289 2013/09/181 SMART AND FINAL 47.86 AP 00340093 2013/09/111 SC FUELS 2,886.27 AP 00340093 2013/09/111 SC FUELS 2,211.28 AP 00340124 2013/09/111 VERIZON CALIFORNIA 45.15 AP 00340356 2013/09/19( SUNRISE FORD 636.65 AP 00340047 2013/09/11 ( HOYT LUMBER CO.,SM 13.08 AP 00340316 2013/09/18( VERIZON CALIFORNIA 20.43 AP 00340316 2013/09/18( VERIZON CALIFORNIA 177.46 AP 00339999 2013/09/11 ( ALL CITIES TOOLS 40.82 AP 00339999 2013/09/11 ( ALL CITIES TOOLS 171.04 AP 00340352 2013/09/19( LN CURTIS AND SONS 138.43 AP 00340316 2013/09/181 VERIZON CALIFORNIA 129.45 AP 00340325 2013/09/181 WAXIE SANITARY SUPPLY 636.92 AP 00340146 2013/09/121 UNIFIRST UNIFORM SERVICE 96.53 AP 00340002 2013/09/11 1 AT&T MOBILITY 43.45 AP 00340351 2013/09/191 INTERSTATE BATTERIES 100.50 AP 00340336 2013/09/191 CITRUS MOTORS ONTARIO INC 45.12 AP 00340135 2013/09/12( AIRGAS USA LLC 135.44 AP 00340177 2013/09/181 CAPITAL ONE COMMERCIAL -96,27 AP 00340248 2013/09/181 OFFICE DEPOT 17.11 AP 00340093 2013/09/111 SC FUELS 1,330.15 User: VLOPEZ-VERONICA LOPEZ Page: 3 Current Date: 09/25/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P4 Agenda Check Register 9/11/2013 through 9/24/2013 Check No. Check Date Vendor Name Amount AP 00340124 2013/09/11 ( VERIZON CALIFORNIA 24.08 AP 00340230 2013/09/18 LOWES COMPANIES INC. 30.65 Ap 00340248 2013/09/18 ( OFFICE DEPOT 5.70 AP 00340199 2013/09/18 GOLDEN STAR TECHNOLOGY INC 51.82 AP 00340230 2013/09/18 LOWES COMPANIES INC. 52.92 AP 00340049 2013/09/11 ( INLAND EMPIRE FIRE EXPLORERS ASSOC 1,860.00 AP 00340057 2013/09/11 ( LIFE ASSIST INC 682.63 AP 00340124 2013/09/11 ( VERIZON CALIFORNIA 46.56 AP 00340230 2013/09/18( LOWES COMPANIES INC. 23.58 AP 00340275 2013/09/18( SAN BERNARDINO CTY FIRE PROTECTION DIST 15.00 AP 00340093 2013/09/11 ( SC FUELS 1,803.94 AP 00340093 2013/09/111 SC FUELS 1,084.22 EP 00003677 2013/09/11 ( RCPFA 200.00 Total for Entity: 102,726.02 User: VLOPEZ- VERONICA LOPEZ Page: 4 Current Date: 09/25/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 15:2 CITY OF RANCHO CUCAMONGA P5 Agenda Check Register 9/11/2013 through 9/24/2013 Check No. Check Date Vendor Name Amouni AP 00340009 2013/09/11 l BRICKLEY ENVIRONMENTAL 7,400.00 AP 00340348 2013/09/19( IMPERIAL SPRINKLER SUPPLY INC 1,847.01 AP 00340039 2013/09/11 l GRAPHICS FACTORY INC. 38.88 AP 00340041 2013/09/11 ( HAYES, SHELLEY 11.12 AP 00340046 2013/09/11 ( HOSE MAN INC 72.54 AP 00340115 2013/09/111 UPS 57.64 AP 00340127 2013/09/11 ( WALTERS WHOLESALE 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Check Register 9/11/2013 through 9/24/2013 Check No. Check Date Vendor Name Amouni AP 00340139 2013/09/121 CUCAMONGA VALLEY WATER DISTRICT 274.62 AP 00340139 2013/09/12( CUCAMONGA VALLEY WATER DISTRICT 1,542.30 AP 00340139 2013/09/12( CUCAMONGA VALLEY WATER DISTRICT 148.82 AP 00340139 2013/09/12( CUCAMONGA VALLEY WATER DISTRICT 1,661.44 AP 00340146 2013/09/121 UNIFIRST UNIFORM SERVICE 101.72 AP 00340156 2013/09/181 ASAP POWERSPORTS 1,168.05 AP 00340169 2013/09/181 CALIFORNIA FRANCHISE TAX BOARD 50.00 AP 00340099 2013/09/111 SOUTHERN CALIFORNIA EDISON 25.07 AP 00340099 2013/09/111 SOUTHERN CALIFORNIA EDISON 25.07 AP 00340099 2013/09/11 1 SOUTHERN CALIFORNIA EDISON 24.24 AP 00340099 2013/09/11 ( SOUTHERN CALIFORNIA EDISON 25.90 AP 00340099 2013/09/11 ( SOUTHERN CALIFORNIA EDISON 54.98 AP 00340099 2013/09/11 ( SOUTHERN CALIFORNIA EDISON 75.31 AP 00340099 2013/09/11 ( SOUTHERN CALIFORNIA EDISON 34.07 AP 00340100 2013/09/11 l SOUTHERN CALIFORNIA EDISON 26,516.11 AP 00340093 2013/09/11 ( SC 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Current Date: 09/25/: Report: CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:1 CITY OF RANCHO CUCAMONGA P19 Agenda Check Register 9/11/2013 through 9/24/2013 Cheek No. Check Date Vendor Name Amouni AP 00340284 2013/09/181 SHERIFFS COURT SERVICES 30.51 AP 00340064 2013/09/11 1 MAIN STREET SIGNS 151.09 AP 00340066 2013/09/11 1 MCMASTER CARR SUPPLY COMPANY 244.42 AP 00340075 2013/09/11 1 OFFICE DEPOT 114.11 AP 00340082 2013/09/11 1 R AND R AUTOMOTIVE 467.86 AP 00340082 . 2013/09/11 I R AND R AUTOMOTIVE 86.31 AP 00340087 2013/09/11 1 ROADLINE PRODUCTS INC 2,293.27 AP 00340095 2013/09/111 SHOETERIA 200.00 AP 00340124 2013/09/11 I VERIZON CALIFORNIA 85.57 Al' 00340124 2013/09/11 1 VERIZON CALIFORNIA 152.27 AP 00340124 2013/09/11 I VERIZON CALIFORNIA 46.56 AP 00340124 2013/09/11 I VERIZON CALIFORNIA 19.87 AP 00340124 2013/09/1I I VERIZON CALIFORNIA 45.15 AP 00340293 2013/09/181 SOUTHERN CALIFORNIA EDISON 26.24 AP 00340293 2013/09/181 SOUTHERN CALIFORNIA EDISON 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AP 00340316 2013/09/18( VERIZON CALIFORNIA 45.15 AP 00340316 2013/09/181 VERIZON CALIFORNIA 90.31 AP 00340320 2013/09/18 l VERIZON WIRELESS- LA 38.01 AP 00340320 2013/09/18 ( VERIZON WIRELESS- LA 60.24 AP 00340320 2013/09/18 ( VERIZON WIRELESS- LA 76.02 AP 00340320 2013/09/18 ( VERIZON WIRELESS- LA 0.22 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 38.43 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 25.61 AP 00340320 2013/09/18 ( VERIZON WIRELESS- LA 51.78 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 31.58 Ap 00340320 2013/09/181 VERIZON WIRELESS- LA 26.93 AP 00340328 2013/09/18 1 WEST END MATERIAL SUPPLY 25.63 User: VLOPEZ- VERONICA LOPEZ Page: 15 Current Date: 09/25/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 15:1 • CITY OF RANCHO CUCAMONGA P20 Agenda Check Register 9/11/2013 through 9/24/2013 Check No. Check Date Vendor Name Amount AP 00340331 2013/09/18 l WILDLIFE COMPANY,THE 450.00 AP 00340144 2013/09/12 l SIMPLOT PARTNERS 2,516.40 AP 00340339 2013/09/19( CUCAMONGA VALLEY WATER DISTRICT 314.97 AP 00340339 2013/09/19( CUCAMONGA VALLEY WATER DISTRICT 2,738.39 AP 00340339 2013/09/19( CUCAMONGA VALLEY WATER DISTRICT 261.73 AP 00340339 2013/09/19( CUCAMONGA VALLEY WATER DISTRICT 2,706.24 AP 00340339 2013/09/19( CUCAMONGA VALLEY WATER DISTRICT 1,441.71 AP 00340339 2013/09/19( CUCAMONGA VALLEY WATER DISTRICT 1,743.94 AP 00340339 2013/09/19( CUCAMONGA VALLEY WATER DISTRICT 88.34 AP 00340339 2013/09/19( CUCAMONGA VALLEY WATER DISTRICT 446.14 AP 00340339 2013/09/19( CUCAMONGA VALLEY WATER DISTRICT 1,273.44 AP 00340339 2013/09/19( CUCAMONGA VALLEY WATER DISTRICT 1,979.18 AP 00340239 2013/09/18( MIDWEST TAPE 85.96 Ap 00340239 2013/09/18( MIDWEST TAPE 195.47 AP 00340139 2013/09/12( CUCAMONGA VALLEY WATER DISTRICT 238.36 AP 00340139 2013/09/12( CUCAMONGA VALLEY WATER DISTRICT 1,552.73 AP 00340139 2013/09/12( CUCAMONGA VALLEY WATER DISTRICT 937.67 AP 00340139 2013/09/12( CUCAMONGA VALLEY WATER DISTRICT 422.27 AP 00340155 2013/09/18( ARCHIBALD PET HOSPITAL 100.00 AP 00340099 2013/09/11 ( SOUTHERN CALIFORNIA EDISON 25.07 AP 00340099 2013/09/11 ( SOUTHERN CALIFORNIA EDISON 25.23 AP 00340099 2013/09/11 ( SOUTHERN CALIFORNIA EDISON 25.07 AP 00340099 2013/09/1 I 1 SOUTHERN CALIFORNIA EDISON 25.07 AP 00340099 2013/09/11 1 SOUTHERN CALIFORNIA EDISON 25.07 AP 00340099 2013/09/11 ( SOUTHERN CALIFORNIA EDISON 25.23 AP 00340099 2013/09/111 SOUTHERN CALIFORNIA EDISON 25.23 AP 00340013 2013/09/11 ( CARQUEST AUTO PARTS 12.30 AP 00340031 2013/09/11 ( FASTENAL COMPANY 32.21 AP 00340035 2013/09/11 ( GOLDSTAR ASPHALT PRODUCTS 378.00 AP 00340109 2013/09/11 ( UNITED PACIFIC SERVICES INC 5,300.00 AP 00340111 2013/09/11 l UNITED PACIFIC SERVICES INC 30,539.00 AP 00340126 2013/09/11 ( VIVERAE INC 8,308.50 AP 00340316 2013/09/18( VERIZON CALIFORNIA 139.69 AP 00340316 2013/09/18 ( VERIZON CALIFORNIA 45.15 AP 00340316 2013/09/18 ( VERIZON CALIFORNIA 45.15 AP 00340310 2013/09/18 ( VALLEY CREST LANDSCAPE 1,009.78 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 38.01 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 74.48 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 38.01 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 51.78 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 36.75 AP 00340325 2013/09/181 WAXIE SANITARY SUPPLY 102.28 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 25.61 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 61.82 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 51.78 User: VLOPEZ-VERONICA LOPEZ Page: 16 Current Date: 09/25/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 15:1 CITY OF RANCHO CUCAMONGA P21 Agenda Check Register 9/11/2013 through 9/24/2013 Check No. Check Date Vendor Name Amouni AP 00340320 2013/09/181 VERIZON WIRELESS- LA 36.75 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 141.71 AP 00340145 2013/09/12( TRUGREEN LANDCARE 14,406.68 AP 00340145 2013/09/121 TRUGREEN LANDCARE 401.25 AP 00340339 2013/09/191 CUCAMONGA VALLEY WATER DISTRICT 275.08 AP 00340339 2013/09/191 CUCAMONGA VALLEY WATER DISTRICT 5,818.91 AP 00340339 2013/09/191 CUCAMONGA VALLEY WATER DISTRICT 135.04 AP 00340239 2013/09/181 MIDWEST TAPE 175.29 AP 00340239 2013/09/181 MIDWEST TAPE 85.96 AP 00340139 2013/09/121 CUCAMONGA VALLEY WATER DISTRICT 386.01 AP 00340139 2013/09/121 CUCAMONGA VALLEY WATER DISTRICT 1,221.50 AP 00340139 2013/09/121 CUCAMONGA VALLEY WATER DISTRICT 956.32 AP 00340139 2013/09/121 CUCAMONGA VALLEY WATER DISTRICT 57.41 AP 00340139 2013/09/121 CUCAMONGA VALLEY WATER DISTRICT 172.24 AP 00340152 2013/09/181 AGAPE EMPLOYMENT 682.00 AP 00340152 2013/09/18 1 AGAPE EMPLOYMENT 937.44 Ap 00340173 2013/09/18 1 CALIFORNIA FRANCHISE TAX BOARD 151.41 AP 00340099 2013/09/11 I SOUTHERN CALIFORNIA EDISON 25.23 AP 00340099 2013/09/11 I SOUTHERN CALIFORNIA EDISON 25.07 AP 00340099 2013/09/11 I SOUTHERN CALIFORNIA EDISON 99,88 AP 00340099 2013/09/11 1 SOUTHERN CALIFORNIA EDISON 25.07 AP 00340099 2013/09/11 1 SOUTHERN CALIFORNIA EDISON 153.46 AP 00340099 2013/09/11 I • SOUTHERN CALIFORNIA EDISON 62.08 AP 00340184 2013/09/18 1 CONTACT SECURITY INC 3,823.85 AP 00340099 2013/09/11 I SOUTHERN CALIFORNIA EDISON 47.13 AP 00340003 2013/09/11 l AUFBAU CORPORATION 6,020.00 AP 00340013 2013/09/11 I CARQUEST AUTO PARTS 16.66 AP 00340013 2013/09/11 l CARQUEST AUTO PARTS 110.82 AP 00340348 2013/09/191 IMPERIAL SPRINKLER SUPPLY INC 670.05 AP 00340038 2013/09/111 GRAINGER 35.53 AP 00340353 2013/09/191 MWI VETERINARY SUPPLY 23.12 AP 00340344 2013/09/191 EWING IRRIGATION PRODUCTS 289.47 AP 00340106 2013/09/111 U.S. BANK PARS ACCT#6746022500 3,900.00 AP 00340116 2013/09/111 UTILIQUEST 1,731.25 AP 00340316 2013/09/181 VERIZON CALIFORNIA 139.75 AP 00340316 2013/09/181 VERIZON CALIFORNIA 50.31 AP 00340316 2013/09/18( VERIZON CALIFORNIA 45.15 AP 00340320 2013/09/18( VERIZON WIRELESS- LA 36.75 AP 00340320 2013/09/181 VERIZON WIRELESS-- LA 60.24 AP 00340320 2013/09/18( VERIZON WIRELESS- LA 36.85 AP 00340320 2013/09/18( VERIZON WIRELESS- LA 36.79 AP 00340326 2013/09/181 WELLS FARGO BUSINESS CREDIT 409.20 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 92.26 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 58.53 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 25.61 User: VLOPEZ- VERONICA LOPEZ Page: 17 Current Date: 09/25/: Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 15:1 CITY OF RANCHO CUCAMONGA P22 Agenda Check Register 9/11/2013 through 9/24/2013 Check No. Check Date Vendor Name Amount Ap 00340320 2013/09/181 VERIZON WIRELESS- LA 31.99 AP 00340339 2013/09/191 CUCAMONGA VALLEY WATER DISTRICT 106.79 AP 00340339 2013/09/191 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00340339 2013/09/191 CUCAMONGA VALLEY WATER DISTRICT 356.69 AP 00340339 2013/09/191 CUCAMONGA VALLEY WATER DISTRICT 137.12 AP 00340239 2013/09/181 MIDWEST TAPE 46.98 AP 00340239 2013/09/181 MIDWEST TAPE 39.99 AP 00340139 2013/09/12( CUCAMONGA VALLEY WATER DISTRICT 640.94 AP 00340139 2013/09/121 CUCAMONGA VALLEY WATER DISTRICT 465.79 AP 00340139 2013/09/121 CUCAMONGA VALLEY WATER DISTRICT 746.40 AP 00340139 2013/09/121 CUCAMONGA VALLEY WATER DISTRICT 1,600.19 AP 00340139 2013/09/121 CUCAMONGA VALLEY WATER DISTRICT 440.80 AP 00340152 2013/09/181 AGAPE EMPLOYMENT 682.00 AP 00340157 2013/09/181 ASSI SECURITY 135.00 AP 00340099 2013/09/11 ( SOUTHERN CALIFORNIA EDISON 25.07 AP 00340099 2013/09/11 ( SOUTHERN CALIFORNIA EDISON 25.23 AP 00340099 2013/09/111 SOUTHERN CALIFORNIA EDISON 25.23 AP 00340176 2013/09/181 CAPITAL ONE COMMERCIAL 295.18 AP 00340099 2013/09/11 ( SOUTHERN CALIFORNIA EDISON 40.41 AP 00340099 2013/09/11 ( SOUTHERN CALIFORNIA EDISON 25.07 AP 00340099 2013/09/11 ( SOUTHERN CALIFORNIA EDISON 61.96 AP 00340099 2013/09/11 ( SOUTHERN CALIFORNIA EDISON 68.89 AP 00340189 2013/09/18( D AND K CONCRETE COMPANY 23.76 AP 00340199 2013/09/181 GOLDEN STAR TECHNOLOGY INC 1,824.74 AP 00339998 2013/09/11 ( AGUILERA, ISAIAH 2,300.00 AP 00340013 2013/09/11 ( CARQUEST AUTO PARTS 18.52 AP 00340018 2013/09/11 ( CLEARWATER GRAPHICS INC 297.00 AP 00340026 2013/09/11 ( 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Report:CK_AGENDA_REG_PORTRAIT_RC- CK: Agenda Check Register Portrait Layout Time: 15:1 CITY OF RANCHO CUCAMONGA P23 Agenda Check Register 9/11/2013 through 9/24/2013 Check No. Check Date Vendor Name Amount AP 00340320 2013/09/18 I VERIZON WIRELESS- LA 0.22 AP 00340320 2013/09/181 VERIZON WIRELESS- LA 36.75 AP 00340320 2013/09/18 VERIZON WIRELESS- LA 36.79 AP 00340145 2013/09/12 I TRUGREEN LANDCARE 739.90 AP 00340339 2013/09/19 CUCAMONGA VALLEY WATER DISTRICT 288.55 AP 00340339 2013/09/191 CUCAMONGA VALLEY WATER DISTRICT 2,413.80 AP 00340339 2013/09/191 CUCAMONGA VALLEY WATER DISTRICT 193.78 AP 00340139 2013/09/121 CUCAMONGA VALLEY WATER DISTRICT 902.07 AP 00340139 2013/09/121 CUCAMONGA VALLEY WATER DISTRICT 1,140.50 AP 00340139 2013/09/121 CUCAMONGA VALLEY WATER DISTRICT 722.90 AP 00340139 2013/09/121 CUCAMONGA VALLEY WATER DISTRICT 1,227.46 AP 00340139 2013/09/121 CUCAMONGA VALLEY WATER DISTRICT 2,402.71 AP 00340156 2013/09/181 ASAP POWERSPORTS 823.48 AP 00340166 2013/09/181 BUTSKO UTILITY DESIGN INC. 16,655.75 AP 00340099 2013/09/11 I SOUTHERN CALIFORNIA EDISON 53.07 AP 00340176 2013/09/18 1 CAPITAL ONE COMMERCIAL 28.43 AP 00340099 2013/09/11 I SOUTHERN CALIFORNIA EDISON 25.23 AP 00340099 2013/09/11 I SOUTHERN CALIFORNIA EDISON 25.23 AP 00340099 2013/09/11 I SOUTHERN CALIFORNIA EDISON 25.40 AP 00340099 2013/09/11 I SOUTHERN CALIFORNIA EDISON 66.05 AP 00340099 2013/09/11 ( SOUTHERN CALIFORNIA EDISON 76.39 AP 00340187 2013/09/18 ( CSD LAND SURVEYING 602.00 AP 00340093 2013/09/11 ( SC FUELS 13,890.99 AP 00340093 2013/09/11 ( SC FUELS 13,686.93 AP 00340206 2013/09/18 ( GRUPE CO. 628.00 AP 00340230 2013/09/18 l LOWES COMPANIES INC. 103.38 AP 00340203 2013/09/18 l GRAY, MARIA 100.00 AP 00340230 2013/09/181 LOWES COMPANIES INC. 90.28 AP 00340230 2013/09/18 ( LOWES COMPANIES INC. 27.66 AP 00340230 2013/09/18 ( LOWES COMPANIES INC. 76.84 AP 00340230 2013/09/18 ( LOWES COMPANIES INC. 43.01 AP 00340230 2013/09/18 ( LOWES COMPANIES INC. -41.21 AP 00340218 2013/09/18 ( JOHN DEERE LANDSCAPES 122.77 AP 00340225 2013/09/18 ( LAIRD CONSTRUCTION CO 24,238.66 AP 00340236 2013/09/181 MATERIAL SALES UNLIMITED 1,003.20 AP 00340248 2013/09/18 I OFFICE DEPOT - 96.97 AP 00340258 2013/09/181 PRO SALES GROUP INC 1,390.71 AP 00340269 2013/09/18 ( SAFELITE FULFILLMENT INC 201.21 AP 00340050 2013/09/111 INLAND EMPIRE TOURS AND TRANSPORTATIO! 2,413.50 AP 00340058 2013/09/11 I LITTLE BEAR PRODUCTIONS 57.00 AP 00340058 2013/09/11 I LITTLE BEAR PRODUCTIONS 57.00 AP 00340300 2013/09/18 I TAX SHELTER ASSOCIATES INC 250.00 AP 00340069 2013/09/11 I MOUNTAIN VIEW SMALL ENG REPAIR 89.35 AP 00340075 2013/09/111 OFFICE DEPOT 98.92 AP 00340082 2013/09/11 ( R AND R AUTOMOTIVE 502.77 User: VLOPEZ- VERONICA LOPEZ Page: 19 Current Date: 09/25/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:1 CITY OF RANCHO CUCAMONGA P24 Agenda Check Register 9/11/2013 through 9/24/2013 Check No. Check Date Vendor Name Amouni AP 00340095 2013/09/111 SHOETERIA 179.80 AP 00340124 2013/09/111 VERIZON CALIFORNIA 46.56 AP 00340124 2013/09/11 ( VERIZON CALIFORNIA 46.56 AP 00340124 2013/09/11 1 VERIZON CALIFORNIA 93.12 AP 00340124 2013/09/11 I VERIZON CALIFORNIA 22.04 AP 00340124 2013/09/11 ( VERIZON CALIFORNIA 212.48 AP 00340124 2013/09/11 ( VERIZON CALIFORNIA 46.18 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 27.91 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 26.24 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 24.36 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 26.07 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 68,65 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 64.56 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 1,648.46 AP 00340099 2013/09/11 l SOUTHERN CALIFORNIA EDISON 25.23 AP 00340099 2013/09/11 1 SOUTHERN CALIFORNIA EDISON 3,567.40 AP 00340189 2013/09/18 1 D AND K CONCRETE COMPANY 262.45 AP 00340199 2013/09/181 GOLDEN STAR TECHNOLOGY INC 9,856.86 AP 00340208 2013/09/181 HENRY SCHEIN ANIMAL HEALTH SUPPLY 89.21 AP 00340230 2013/09/181 LOWES COMPANIES INC. 62.81 AP 00340230 2013/09/181 LOWES COMPANIES INC. 33.20 AP 00340230 2013/09/181 LOWES COMPANIES INC. 30.67 AP 00340230 2013/09/181 LOWES COMPANIES INC. 117.90 AP 00340230 2013/09/18( LOWES COMPANIES INC. 19.59 AP 00340217 2013/09/18( JACOBSEN WEST 133.01 AP 00340226 2013/09/18( LEIGHTON CONSULTING INC 3,586.80 AP 00340240 2013/09/18( MILANES, YIKCIA 150.00 AP 00340244 2013/09/18( NATHAN TECSON STUDIOS 120.00 AP 00340250 2013/09/181 OPARC 396.00 AP 00340266 2013/09/181 RODRIGUEZ, DENNIS 56.00 AP 00340274 2013/09/18 ( SAN BERNARDINO CTY DEPT OF PUBLIC WORK 160,428.00 AP 00340285 2013/09/181 SHERIFFS COURT SERVICES 150.00 AP 00340058 2013/09/111 LITTLE BEAR PRODUCTIONS 235.00 AP 00340299 2013/09/18( TANNER RECOGNITION COMPANY,0 C 104.96 AP 00340065 2013/09/11 ( MARIPOSA HORTICULTURAL ENT INC 5,511.22 AP 00340069 2013/09/11 ( MOUNTAIN VIEW SMALL ENG REPAIR 52.55 AP 00340075 2013/09/11 ( OFFICE DEPOT 229.55 AP 00340083 2013/09/11 1 RED WING SHOE STORE 213.83 AP 00340102 2013/09/11 1 THEATRICAL LIGHTING& SCENIC SERVICES LL 854.92 AP 00340124 2013/09/11 1 VERIZON CALIFORNIA 93.12 AP 00340124 2013/09/11 1 VERIZON CALIFORNIA 51.71 AP 00340124 2013/09/111 VERIZON CALIFORNIA 22.04 AP 00340124 2013/09/11 ( VERIZON CALIFORNIA 19.87 AP 00340124 2013/09/11 ( VERIZON CALIFORNIA 19.87 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 26.07 User: VLOPEZ- VERONICA LOPEZ Page: 20 Current Date: 09/25/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:1 CITY OF RANCHO CUCAMONGA P25 Agenda Check Register 9/11/2013 through 9/24/2013 Check No. Check Date Vendor Name Amouni AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 25.91 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 22.47 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 1,115.32 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 27.07 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 36.09 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 59.02 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 71.65 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 121.41 AP 00340294 2013/09/18( SOUTHERN CALIFORNIA EDISON 123.23 AP 00340230 2013/09/18( LOWES COMPANIES INC. 21.35 AP 00340230 2013/09/18( LOWES COMPANIES INC. 20.48 AP 00340230 2013/09/18( LOWES COMPANIES INC. 81.68 AP 00340223 2013/09/18( KLAUS& SONS& ROSE MCLNTOSH 1,150.00 AP 00340237 2013/09/18( MCFADDEN DALE HARDWARE 32.83 AP 00340248 2013/09/18( OFFICE DEPOT 168.46 AP 00340248 2013/09/18( OFFICE DEPOT 166.32 AP 00340255 2013/09/18( PRE-PAID LEGAL SERVICES INC 109.26 AP 00340278 2013/09/18( SBPEA 844.74 AP 00340286 2013/69/18( SHOETERIA 213.82 AP 00340295 2013/09/18( SOUTHLAND FARMERS MARKET ASSOC INC 93.00 AP 00340058 2013/09/11 ( LITTLE BEAR PRODUCTIONS 125.00 AP 00340065 2013/09/11 l MARIPOSA HORTICULTURAL ENT INC 2,493.10 AP 00340302 2013/09/18( TERRA VISTA ANIMAL HOSPITAL 50.00 AP 00340075 2013/09/11 ( OFFICE DEPOT 59.26 AP 00340079 2013/09/11 ( PETES ROAD SERVICE INC 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00340302 2013/09/18 ( TERRA VISTA ANIMAL HOSPITAL 50.00 AP 00340075 2013/09/111 OFFICE DEPOT 16.85 AP 00340079 2013/09/11 l PETES ROAD SERVICE INC 1,559.78 AP 00340084 2013/09/11 l RED WING SHOE STORE 179.81 AP 00340093 2013/09/11 ( SC FUELS 3,268.89 AP 00340124 2013/09/11 ( VERIZON CALIFORNIA 42.99 AP 00340124 2013/09/11 ( VERIZON CALIFORNIA 46.56 AP 00340124 2013/09/11 ( VERIZON CALIFORNIA 45.15 User: VLOPEZ-VERONICA LOPEZ Page: 27 Current Date: 09/25/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:1 CITY OF RANCHO CUCAMONGA P32 Agenda Check Register 9/11/2013 through 9/24/2013 Check No. Check Date Vendor Name Amouni AP 00340124 2013/09/11 1 VERIZON CALIFORNIA 19.87 AP 00340124 2013/09/11 ( VERIZON CALIFORNIA 415.86 AP 00340293 2013/09/181 SOUTHERN CALIFORNIA EDISON 25.91 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 159.37 AP 00340293 2013/09/18 l SOUTHERN CALIFORNIA EDISON 150.37 AP 00340293 2013/09/181 SOUTHERN CALIFORNIA EDISON 25.91 AP 00340293 2013/09/18 ( SOUTHERN CALIFORNIA EDISON 25.91 AP 00340293 2013/09/18 ( SOUTHERN CALIFORNIA EDISON 26.07 AP 00340293 2013/09/18 1 SOUTHERN CALIFORNIA EDISON 67.20 AP 00340293 2013/09/181 SOUTHERN CALIFORNIA EDISON 2.74 AP 00340294 2013/09/181 SOUTHERN CALIFORNIA EDISON 4,784.01 AP 00340204 2013/09/181 GRUPE CO. 2,500.00 AP 00340209 2013/09/181 HILL'S PET NUTRITION 825.81 AP 00340230 2013/09/181 LOWES COMPANIES INC. 99.85 AP 00340230 2013/09/181 LOWES COMPANIES INC. 87.57 AP 00340230 2013/09/181 LOWES COMPANIES INC. 29.64 AP 00340230 2013/09/18 ( LOWES COMPANIES INC. 56.66 AP 00340222 2013/09/181 KATAHDIN ENVIRONMENTAL 6,000.00 AP 00340240 2013/09/181 MILANES,YIKCIA 137.50 AP 00340248 2013/09/181 OFFICE DEPOT 126.20 AP 00340256 2013/09/181 PREMIER WORLD DISCOVERY LLC 2,174.00 AP 00340264 2013/09/181 ROADRUNNER PHARMACY 114.80 AP 00340271 2013/09/181 SAN BERNARDINO CO AUDITOR CONT 768.00 AP 00340048 2013/09/1 I 1 IATSE NATIONAL HEALTH & WELFARE FUNDS 271.20 AP 00340052 2013/09/11 1 INLAND VALLEY RV SERVICE& SUPPLIES 1,843.43 AP 00340300 2013/09/181 TAX SHELTER ASSOCIATES INC 165.00 AP 00340064 2013/09/111 MAIN STREET SIGNS 906.66 AP 00340074 2013/09/111 OCCUPATIONAL HEALTH CTRS OF CA 230.51 AP 00340078 2013/09/11 ( PEP BOYS 38.88 AP 00340082 2013/09/11 ( R AND R AUTOMOTIVE 409.60 AP 00340082 2013/09/11 ( R AND R AUTOMOTIVE 807.81 AP 00340089 2013/09/11 ( ROSSI AUTOMOTIVE EQUIPMENT 694.00 AP 00340101 2013/09/11 l STUDENT TRANSPORTATION OF AMERICA 950.00 AP 00340124 2013/09/11 ( VERIZON CALIFORNIA 223.10 AP 00340124 2013/09/11 l VERIZON CALIFORNIA 20.43 AP 00340124 2013/09/11 ( VERIZON CALIFORNIA 47.30 AP 00340124 2013/09/11 1 VERIZON CALIFORNIA 45.15 AP 00340293 2013/09/181 SOUTHERN CALIFORNIA EDISON 25.91 AP 00340293 2013/09/181 SOUTHERN CALIFORNIA EDISON 26.07 AP 00340293 2013/09/181 SOUTHERN CALIFORNIA EDISON 24.75 AP 00340293 2013/09/181 SOUTHERN CALIFORNIA EDISON 25.08 AP 00340293 2013/09/181 SOUTHERN CALIFORNIA EDISON 34.25 AP 00340293 2013/09/181 SOUTHERN CALIFORNIA EDISON 26.24 AP 00340293 2013/09/181 SOUTHERN CALIFORNIA EDISON 57.58 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 34.91 User: VLOPEZ- VERONICA LOPEZ Page: 28 Current Date: 09/25/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:1 CITY OF RANCHO CUCAMONGA P33 Agenda Check Register 9/11/2013 through 9/24/2013 Check No. Check Date Vendor Name Amouni AP 00340293 2013/09/18 ( SOUTHERN CALIFORNIA EDISON 14.75 AP 00340294 2013/09/181 SOUTHERN CALIFORNIA EDISON 8,763.89 AP 00340294 2013/09/181 SOUTHERN CALIFORNIA EDISON 4,386.11 AP 00340124 2013/09/11 l VERIZON CALIFORNIA 480.19 AP 00340124 2013/09/11 l VERIZON CALIFORNIA 46.56 AP 00340124 2013/09/11 1 VERIZON CALIFORNIA 46.56 AP 00340124 2013/09/11 l VERIZON CALIFORNIA 605.62 AP 00340124 2013/09/11 l VERIZON CALIFORNIA 19.87 AP 00340293 2013/09/181 SOUTHERN CALIFORNIA EDISON 25.91 AP 00340293 2013/09/18 ( SOUTHERN CALIFORNIA EDISON 25.91 AP 00340293 2013/09/181 SOUTHERN CALIFORNIA EDISON 38.91 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 21.32 AP 00340293 2013/09/18( SOUTHERN CALIFORNIA EDISON 26.24 AP 00340293 2013/09/18 ( SOUTHERN CALIFORNIA EDISON 26.07 AP 00340293 2013/09/181 SOUTHERN CALIFORNIA EDISON 127.38 AP 00340293 2013/09/18 1 SOUTHERN CALIFORNIA EDISON 150.79 AP 00340293 2013/09/18 1 SOUTHERN CALIFORNIA EDISON 108.22 AP 00340294 2013/09/181 SOUTHERN CALIFORNIA EDISON 44,060.80 AP 00340230 2013/09/181 LOWES COMPANIES INC. 190.88 AP 00340230 2013/09/18 ( LOWES COMPANIES INC. 4.95 AP 00340216 2013/09/181 J 1 KELLER AND ASSOC INC 392.10 AP 00340236 2013/09/18 ( MATERIAL SALES UNLIMITED 1,003.20 AP 00340248 2013/09/18 1 OFFICE DEPOT 273.35 AP 00340248 2013/09/181 OFFICE DEPOT 129.59 AP 00340263 2013/09/18 ( RIORDAN, SHIRLEY 10.00 AP 00340271 2013/09/18 ( SAN BERNARDINO CO AUDITOR CONT 768.00 AP 00340001 2013/09/11 l ARTISTIC RESOURCES CORPORATION 2,433.00 AP 00340012 2013/09/11 ( CALIFORNIA, STATE OF 210.45 AP 00340037 2013/09/11 l GOOD YEAR WHOLESALE 888.60 AP 00340040 2013/09/111 HAWTHORNE LIFT SYSTEMS 64.98 AP 00340042 2013/09/11 l HEARTSAVERS LLC 110.00 AP 00340345 2013/09/19( FORD OF UPLAND INC 110.41 AP 00340115 2013/09/11 ( UPS 30.64 AP 00340127 2013/09/11 ( WALTERS WHOLESALE ELECTRIC CO 88.71 AP 00340128 2013/09/11 ( WAXIE SANITARY SUPPLY 496.56 AP 00340316 2013/09/18( VERIZON CALIFORNIA 95.37 AP 00340316 2013/09/18( VERIZON CALIFORNIA 53.79 AP 00340316 2013/09/18( VERIZON CALIFORNIA 79.76 AP 00340316 2013/09/181 VERIZON CALIFORNIA 139.69 EP 00003685 2013/09/18( VIASYN INC 3,232.00 EP 00003684 2013/09/18( SHELL ENERGY NORTH AMERICA 7,400.00 EP 00003685 2013/09/181 VIASYN INC 1,186.68 EP 00003678 2013/09/11 ( SAN BERNARDINO CTY SHERIFFS DEPT 2,382,767.86 EP 00003687 2013/09/18 ( EXELON GENERATION CO. LLC. 91,692.97 EP 00003680 2013/09/18 ( CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 1,200.00 User: VLOPEZ- VERONICA LOPEZ Page: 29 Current Date: 09/25/: Report:CK AGENDA,,flEG_PORTRAIT RC- CK: Agenda Check Register Portrait Layout Time: 15:1 CITY OF RANCHO CUCAMONGA P34 • Agenda Check Register 9/11/2013 through 9/24/2013 Check No. Check Date Vendor Name Amount EP 00003680 2013/09/18( CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 7,275.00 EP 00003675 2013/09/11 ( CHAFFEY JOINT UNION HS DISTRICT 73.56 EP 00003686 2013/09/18( EDF TRADING NORTH AMERICA LLC 76,128.25 EP 00003676 2013/09/11 ( CITIGROUP ENERGY INC 160,857.60 EP 00003683 2013/09/18( RIVERSIDE,CITY OF 6,052.00 EP 00003678 2013/09/1 I ( SAN BERNARDINO CTY SHERIFFS DEPT 12,579.14 EP 00003682 2013/09/18 ( RCPFA 9,534.06 EP 00003681 2013/09/181 CHAFFEY JOINT UNION HS DISTRICT 503.76 Total for Entity: 4,512,480.04 User: VLOPEZ-VERONICA LOPEZ Page: 30 Current Date: 09/25/: Report:CK_AGENDA_REG_PORTRAIT_RC-CK: Agenda Check Register Portrait Layout Time: 15:1 P35 STAFF REPORT ENGINEERING SERVICES DEPARTMENT LJ Date: October 2, 2013 RANCHO To: Mayor and Members of the City Council CUCAMONGA John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Theresa M. Gates, Management Aide Subject: APPROVAL OF A REIMBURSEMENT IN THE AMOUNT OF $344,769.33 TO THE COUNTY OF SAN BERNARDINO FLOOD CONTROL DISTRICT THAT WILL SERVE TO TRANSFER THE REGIONAL MAINLINE DRAINAGE FEES COLLECTED BY THE CITY OF RANCHO CUCAMONGA, AS PROVIDED FOR IN AGREEMENT NO. CO-02-139 TO MEET THE CITY'S FUNDING OBLIGATION FOR THE ETIWANDA/SAN SEVAINE CREEK IMPROVEMENT PROJECT, AND APPROVAL OF AN APPROPRIATION OF $344,769.33 TO ACCOUNT NO. 1114303-5650/1358114-0 FROM THE DRAINAGE - ETIWANDA/SAN SEVAINE (FUND 114) FUND BALANCE RECOMMENDATION It is recommended that Council approve a reimbursement in the amount of $344,769.33 to the County of San Bernardino Flood Control District that will serve to transfer the Regional Mainline Drainage Fees collected by the City of Rancho Cucamonga, as provided for in Agreement No. CO-02-139 to meet the City's funding obligation for the Etiwanda/San Sevaine Creek Improvement Project, and approve the corresponding appropriation of $344,769.33 to Account No. 1114303-5650/1358114-0 from the Drainage Etiwanda/San Sevaine (Fund 114) fund balance. BACKGROUND/ANALYSIS The City of Rancho Cucamonga adopted the Etiwanda/San Sevaine Area Master Plan of Drainage Report on February 2, 1989, and thereafter on August 16, 1989, adopted a resolution establishing a drainage fee over the same Master Plan Drainage Area. The purpose of the fee was to fund regional flood control improvements of the Upper Etiwanda Creek and San Sevaine Creek systems to provide regional flood protection for the easterly portion of the City. The County of San Bernardino Flood Control District is the lead agency for the Etiwanda/San Sevaine Flood Control Project, of which the Upper Etiwanda Creek Improvement Project is a part. More than 50 years in the making, the Etiwanda/San Sevaine Flood Control Project was formally dedicated on April 9, 2009. Project construction began in 1996 and now complete, serves to protect more than 100,000 property owners in western San Bernardino County from floods, the type of which occur on average once in 100 years. The channel starts in the foothills north of Rancho Cucamonga and runs through Fontana and unincorporated areas of the county before reaching the Riverside County line. Funding for the project was provided by the Flood Control District's Zone 1, County of San Bernardino RDA, City of Rancho Cucamonga, City of Rancho Cucamonga RDA, City of Fontana and the City of Ontario. Without these agencies all working together to provide the financial backing, this project, with final construction costs topping $150 million, would not have been possible. P36 CITY COUNCIL STAFF REPORT Approval of the Transfer of Regional Mainline Fees to the San Bernardino County Flood Control District October 2, 2013 Page 2 The City of Rancho Cucamonga's funding obligation was established within the agreement (CO-02-139) executed by the City and the District on January 28, 2003. This agreement stipulates that the City will convey and/or deposit with the District all Regional Mainline Drainage fees collected to date by the City and future drainage fees for the District's use in the design and construction of the Etiwanda/San Sevaine Mainline Drainage System Project. Accordingly, the District has made a formal request to the City to transfer all Regional Mainline Drainage fees collected to date, for FY 2011/2012 and FY 2012/2013, less $500,000 to offset an obligation of the District to pay the City for the construction of related street improvements and less a fifteen (15) percent administration fee. Discounting the $500,000 set aside, the total amount collected between both fiscal years was $405,610.98. (As of June 30, 2013, regional fees collected equaled $276,818.10. As of June 30, 2012, regional drainage fees collected equaled $128.792.88.) After also accounting for the fifteen percent administration fee, the remaining balance of $344,769.33 is the amount that must be transferred to the Flood Control District to comply with the terms of the Agreement. The City has made reimbursements to the District prior in accordance with the Agreement stipulations; this will serve as the reimbursement for revenues received since the last major reimbursement was made in October 2011 for $57,750.36. Respectfully submitted, ark . euer Director of Engineering Services/City Engineer MAS/TMG:Is P37 ctia STAFF REPORT kirr ENGINEERING SERVICES DEPARTMENT Date: October 2, 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: Romeo M. David, Associate Engineer Shelley Hayes, Assistant Engineer Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $173,480.00, TO THE LOWEST RESPONSIVE BIDDER, GUZMAN GRADING AND PAVING CORP., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $17,348.00, FOR THE 4TH STREET PAVEMENT REHABILITATION FROM MILLIKEN AVENUE TO RICHMOND PLACE PROJECT TO BE FUNDED FROM GAS TAX RT 7360 FUNDS, ACCOUNT NO. 1174303-5650/1817174-0 AND APPROPRIATE AN ADDITIONAL AMOUNT OF $20,000.00 TO ACCOUNT NO. 1174303-5650/1817174-0 FROM GAS TAX RT 7360 FUND BALANCE 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 $173,480.00, to the lowest responsive bidder, Guzman Grading and Paving Corp., and authorize the expenditure of a 10% contingency in the amount of $17,348.00, for the 4th Street Pavement Rehabilitation from Milliken Avenue to Richmond Place project to be funded from Gas Tax RT 7360 Funds, Account No. 1174303-5650/1817174-0 and appropriate an additional amount of $20,000.00 to Account No. 1174303-5650/1817174-0 from Gas Tax RT 7360 Fund balance. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on September 10, 2013, for the subject project. The Engineer's estimate for the base bid was $214,356.00. 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 cold milling, crack sealing, localized removal and replacement of asphalt, pavement overlay, adjusting existing manholes and valves to new grade, video detection for traffic signal and striping. It is estimated that approximately three jobs will be either generated or sustained in connection with this project. The contract documents call for thirty (30) working days to complete this construction. Respectfully submitted, Ma er Director of Engineering Services/City Engineer MAS/RM D/S H:Is Attachment W 1` \ 7DE RD. ` �3� ----1 _a¢.�' > — WILSON AVE. WILSON I Npr a a �S - L u JI > O F 1.) a ii La re x a L BANYAN ST. co i m — BANYAN �li Mr CRC LEMON AVE / ^1 1 ' L J _ I AVE. I HIGHLAND AVE �r __=�1_ 210', - Mg=UPI ..-..-.1 1 I�� j HIGHLAND AVE I� 210' I=I=1— MEN � 19th ST. I I VI TORIA L : . NDNTE VISTA ST. 4@1 Y TE VISTA ST. Q � x ai FAIRWJNT a qMV vl _ SPRR S a BASELINE AVE BAS: R�"� I 9. r 1Q w a J C cr 14 In> S Q x a II >a w i > CHURCH ST. rc [CHI iL Ix 1 J ! Fr L �� SAN BERNARDI it _RD r g ���� z (myy ��I Y I FOOTHILL BLVD. �� W /i. � ■� Si ON r a ® �r�1 ill _�f. ;Ir Ts, , L fa 15 a - CENTERI� ROUTE u ilia' a JERSEY BLVD. / J C / w AT & SPRR L1 I, x a rc --Ifgth-S7REEn w > > / o 7th STREET 1 En -La 6th STREET _I Q, m X i w 4th a STREET .pair I AUSTI ARK I-ID FREEWAY'_ ONTARIO I PROJECT • LOCATION CITY OF RANCHO CUCAMONGA A11 s'040 4TH STREET PAVEMENT REHABILITATION `V,tiiJ :o to FROM MITJ IICEN AVENUE TO RICHMOND PLACE •`. N.T.S. / P39 STAFF REPORT k I s4* ENGINEERING SERVICES DEPARTMENT Date: October 2, 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, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 16227-2 LOCATED NORTH OF DAY CREEK BOULEVARD, WEST OF ETIWANDA AVENUE, SUBMITTED BY RYLAND HOMES RECOMMENDATION The required improvements for Tract 16227-2 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 and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS As a condition of approval of completion of Tract 16227-2, located north of Day Creek Boulevard, west of Etiwanda Avenue, the applicant was required to install related public improvements. All public improvements required of this development have been completed to the standards of the City. The public improvements will be re-inspected in approximately nine months prior to release of the maintenance bond. Developer: 49 Discovery, Suite 250 Irvine, CA 92618 Release: Faithful Performance Bond # 0446863 $968,400.00 (Bond No.) Accept: Maintenance Bond # SU35806 $96,840.00 (Bond No.) Respectfully submitted, Mark er Director of Engineering Services/City Engineer MAS:CC/alrw Attachment(s) a J , © _ 0_ P40 1.. rQn rr�a �Y. 1. 1 Iggin __ �y 1J 7NI1f3B ,'� '� N Ia (h cv y cd t...... 1 ■I AAA®4.• -----..-4-•-■,04 � � , _ i W • . 11:11 Ira - 'WdEfil la ; ,11, ■4 4 I, N .� H s0 r _r • ii. O❑ � r a �+ h cc §1 + ,... w.,. .h, 7: ‘141 4. i ! 1 -,a°""sti-,\'': 6.■ r? " ;" 44;4.1' r ,- „ - . -/ - ' - \ .'.5' \ 4 w ,-- _ i ---.---Vrrir.' it, 41• milli , al •,:-= , ii, C , \ / Nri ER 4' ; ant Afr ..:°_ %441p_.,. 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I, , 4N,0 \\s...- 004A,,_ Sp \ --Z.1 a 431 EOM/Ai A 1iii 4 a A , _ Apr ..41,_ • _ *� ∎4* AVII O0 p4 \fie 4 '''s \ 1 i •-`""roz33—i imillat iiii.L.Z4911111111X tll Til 6 _- g 4' Ell IEEE ERNI 11/111 46---/\.9s ._ ,_ or' c.< ;11 „I, II EN on' waroliv.., ,' --ft-4 - t-r- 4 �� �� �� SB. tea ��� J J J O coma ,0®111®0, R -iA° k • 2L;j;ag if t�oataao3 Hoses r o� roo Nti3Hlnos • ub3d0ad 0O:i'D'BS 0000-B-CLO-9ZZO N dtY 73NNYH° )i338.9 AYO � O 'IL' W '.E.., ,, .,. :.„ E--4 g (.- W P41 RESOLUTION NO. 13-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16227-2 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 16227-2 have 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. 13-163 — Page 1 P42 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: October 2, 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: RELEASE OF MAINTENANCE GUARANTEE CASH DEPOSIT FOR DRC2011-00645, LOCATED 8772 RED HILL COUNTRY CLUB DRIVE, SUBMITTED BY LASZLO AND MAUREEN VASS RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Maintenance Guarantee Cash Deposit (CR164374), for DRC2011-00645, located 8772 Red Hill Country Club Drive, submitted by Laszlo and Maureen Vass BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER Laszlo and Maureen Vass 8772 Red Hill Country Club Drive Rancho Cucamonga, CA Release: Maintenance Cash Deposit CR#164374 $610 Respectfully submitted, Mark A.3feuer Director of Engineering Services/City Engineer MAS:CC/alrw Attachment(s) \ , .k. 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DRC2011 -00645 w E ,_ C(' *a-• 1- *411 S Not to scale ,,,RANICI-10 L ATCAMONGA P44 STAFF REPORT gait ADMINISTRATIVE SERVICES GROUP Date: October 2, 2013 RANCHO CUCAMONGA To: Mayor and Members of City Council John Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services By: Manuel E. Pilonieta, Information Services Manager Keri Hinojos, Senior Buyer Subject: APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH AGILINE TO PROVIDE TEMPORARY STAFFING FOR NETWORK SUPPORT IN AN AMOUNT NOT TO EXCEED $98,800, AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT RECOMMENDATION Staff recommends that the City Council approve a Professional Services Agreement with Agiline to provide temporary staffing for network support in an amount not to exceed $98,800. BACKGROUND Information Services manages the City's network services used by staff and the public, connecting City facilities to each other, the Internet, and outside agencies. This large network provides the "highway" that connects approximately 800 staff desktop/portable computers, 240 central computer servers, over 500 telephones, Internet web services, and over a dozen video cameras as part of a Public Safety Video Network. The City network is composed of hundreds of devices at over 20 locations, with over 40 miles of fiber-optic cabling located in the City rights-of-way, along with network circuits provided by vendors. During operating hours for City facilities, including libraries and community centers, this network also provides wired and wireless network access for over 350 concurrent residents and visitors. In order to manage this large network, the Information Services Division maintains two full-time network staff, with the following main responsibilities: - Design, installation, and ongoing maintenance and management of network resources Network integration with constantly evolving services - Network support for the City's telephone services - Project management and lifecycle planning - Collaborative development of standards, protocols and strategies The recent passing of the Senior Information Services Analyst that supervised and supported the Network Services Section created an immediate need for network support to address ongoing management of operations, integration with constantly evolving services, and support for projects that cannot be adequately managed with the single remaining network support staff. Additionally, with an anticipated departure of the remaining Senior Information Services Specialist, the P45 AGREEMENT FOR NETWORK SUPPORT SERVICES PAGE 2 OCTOBER 2,2013 Information Services Division will not have any other staff that are qualified to support the City's extensive network operations. These factors pose a significant challenge to maintaining existing operations. Without adequate network support, there is a significant risk of a prolonged disruption of services as well as delays on ongoing projects. As an interim effort, staff requests the use of network contracting services for approximately six months from Agiline, a staffing resource approved by the Human Resources and Purchasing Divisions. In coordination with the Purchasing Division, the Information Services Division examined available contract staffing resources and determined that the rate of $95 offered by Agiline is cost competitive. Attached is a summary of comparative network contracting resources which demonstrates the cost effectiveness of the contract network staff from Agiline. Although there was one vendor that provided the same potential low-end hourly rate of $95 as Agiline, Agiline has already met the City's Professional Services Agreement requirements and has identified a qualified candidate that is available and therefore offers a resource that can best meet the immediate needs of the City. During this interim period, Staff will evaluate the best methods for supporting ongoing network services going forward, including an examination of using City staff, contractors, managed services or a combination of these elements. FUNDING Anticipated salary savings will be used to transfer $90,000 from Information Services, Regular Salaries (Account 1001219-5000) and $8,800 from Information Services, Fringe Benefits (Account 1001209-5030) to Information Services, Contract Services (1001209-5300) to fund this Agreement. P46 COMPARISON OF HOURLY CONTRACTOR RATES HOURLY RANGE ORGANIZATION LOW HIGH Sigmanet, Inc. $ 135 $ 150 Agiline $ 95 $ 120 BrealT $ 129 $ 135 GovConnection $ 95 $ 127 MiddleRidge Consulting $ 175 $ 225 SAIC $ 143 not specified Robert Half $ 120 $ 140 ClientFirst Consulting Group $ 120 $ 150 Myinstantguru.com $ 189 $ 375 Cydio $ 125 $ 175 GTSI Corp $ 124 $ 235 IBM $ 179 $ 197 Apex Technical Staffing $ 120 $ 135 P47 STAFF REPORT f CITY MANAGER'S OFFICE RANCHO Date: October 2, 2013 CUCAMONGA To: Mayor and Members of the City Council From: Donna Finch, Management Analyst I Subject: Presentation of the 2013 Midyear Update of the Department Statistics Report RECOMMENDATION It is recommended that the City Council receive and file the 2013 midyear update of the Department Statistics Report. BACKGROUND As part of our ongoing efforts to provide the community with relevant information regarding the operations and accomplishments of the City, the City Manager's Office has developed the Department Statistics Report, which provides detailed information about the activities of each city department. The departments include City Clerk's Office, City Manager's Office, Administrative Services, Planning Department, Building and Safety, Engineering Services, Public Works Services, Animal Care and Services, Community Services, Fire Protection District, Police Department, and Library Services. Key performance measurements such as the average response time for Police calls, the number of capital improvement projects completed by Engineering Services and the number of potholes repaired by the Public Works Department and are just a few of the statistics that can be found in this detailed report. The Department Statistics Report is updated on a biannual basis, with data for the first six months of the calendar year reported in the fall and data for the full calendar reported the following spring. In order to provide context for the data and statistics presented for each city department, the current midyear update compares the selected data from January — June 2013 with data from January — June 2012. This report is presented in an easy-to-read format with informative graphs, charts, summary highlights, and photos. The 2013 midyear update to the Department Statistics Report will be presented to the City Council at the October 2, 2013 City Council meeting and will be available on the City's website at www.CityofRC.us/Statistics for public viewing following this presentation. It is recommended that the City Council receive and file the 2013 midyear update to the Department Statistics Report. 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'y CRUD • r, ' Z � •U .,■, !Di) .� p r • ct (1) p 7, a) •r-, U ›, c�j 0 t4-7 czt c4 $ue.) p O : Sa4 U •1—I = O > O U O z LL, N ct C7 E U • • • Coe = N M U r_ !ANN a t r O N ''�" 4,i 4 I 0 . .4% CIII) < Z I- 7 g i \;IL H G , d , 1- 111 0 r rt— ; _ ..-.7-1 ; (:.,•...... :-.3 ira.,... l\f« IN- 1.-—"?.N\ L. • • • 1 • • • -• • RANCHO ICUCAMONGA I I DEPARTMENT STATISTICS I JANUARY - JUNE 2013 I I ICITY OF RANCHO CUCAMONGA 10500 Civic Center Drive Rancho Cucamonga, CA 91730 I (909)477-2700 Tel (909)477-2849 Fax Iwww.CityofRC.us ■ ,41.7..m.\:4 • A . . •„.r......,..r.i,.. L....,. . . . _.... . ._. .., _ , .. , : . . _ i .., . <, ,Il A._.,611' ., 1 alto 7. 411;,1-1,141-, . .- _ ilow In i. '16-- IL _ 5-4 1 „.. _ . .. ,, . It . i 1 , , , , .,.... ., ___ 05 -:40„ . __ • , 1. SI 3° 9 ' ) ,-;-.-,- • •.•`•:`-ii` Illtupove do 4 1 I ;. . . - . , , • • • I L. Lr ],• RANCHO ICUCAMONGA Table of Contents `y A`tot ' •1 _ :vl , ,,,;t ` City Manager's Office 2 is L t City Clerk's Office 3 1 ` _ Administrative Services Department 4-5 Ilik i' ' _ ` 1 Planning Department 6!op �, ,,,�,,, Building and Safety Services Department 7 '"11r ; - ' 1 r� r Engineering Services Department 8-9 41.1) Q , Public Works Services Department 10 - 4'. -Vii Library Services Department 11 ICommunity Services Department 12-13 IRancho Cucamonga Fire Protection District 14-15 -.0.1 "''. 4:—. . °�'"'� P Rancho Cucamonga Police Department 16-17 I y Animal Care and Services Department 18 1 1 1 I _I 1 I _ A _ .;:.:„:?:- 0011111.1.11= • .. __ • -.• 000001.111.111.1.11.1 RANCHO C;tVAntowGA City Manager's Office I As the administrative head of city government, the City Manager is appointed by the City Council to enforce municipal laws, direct daily operations of the City, make recommendations to the Council, I prepare and observe the municipal budget, appoint and supervise all City department heads and employees, and supervise the operation of all City departments. Core Service Categories I Cable TV Franchise Administration • Community Information Program • Budgeting and Financial Reporting - Healthy RC Program • Legislative Advocacy • Inter-Governmental Relations • RCN-3 I Access Channel • Healthy RC Living • Healthy RC Smoke Free Recognition Program Healthy RC Highlights +°'5r•E14,:* !t i- w • $661,367 secured in federal, state, and private grant funds in FY 2012/13; 114/ti lititr, '.,,dill.*:.. w Ir 1 • Ranked #1 in the nation in First Lady Michelle Obama's Let's Move!Cities, Towns and Counties initiative: .'f v • Received Urban Land Institute Best of the Best Award - -' . i I for the Partnership for a Greener Northtown Program; ' c I,- -'qs•-. • Adopted a Complete Streets Policy which ranked top 10 li'171A --7',) ; .•`" in the nation by the National Complete Streets Coalition: + �• n• • Healthy RC Dining Program increased number of 1 .4..... I participating restaurants by 83%: ` _• Brin in Health Home Pro ram assisted 319 families:9 9 9 + I increased financial assistance by 61% towards the _ . '�' purchase of fresh produce at local farmer's markets: 4 • Three public electric vehicle charging stations installed �• i in 2013: 10 stations total at various locations throughout w,Iiir ' ;;• the City; ���� Legislative Advocacy I The City Manager's Office coordinates an active legislative program focused on protecting the interests of our community. Our legislative efforts include researching and monitoring federal and state bills, preparing position I letters in response to proposed legislation. and working with our Legislators to promote the interests of our City. 2012 State Legislative Session 2013 State Legislative Session I 39 Bills Tracked 51 Bills Tracked 11,28% 8,16% 0 Watch 5,10% O Watch 100-- I •Support •Support ■Oppose •Oppose 3.8% 25,6496 38,74% 1 Department Statistics:January—June 2013 2 I • • ' 000.01101811 Le.• .• RANCHO I City Clerk's Office I The City Clerk's Office/Records Management Department is committed to quality customer service, innovation, easy access to public records, comprehensive use of resources, and management of the people's public records. ICore Service Categories Public Meeting Agendas & Minutes • Public Records Requests • Board & Commission Applications • I Election Administration • Update City Ordinances & Codes • Provide Access to Economic Interest Reports • Provide Access to Campaign Financial Disclosure Filings IRecords Requests iiiial; tv,:s. _ -- 70 66 II iiiii' Ig 16 47 •2012 �.�__- -'# Tot97 i :1.4At 444 - i 3 —, iiiiii 40 t ,p i 1 _.., - January February March April May June - - k . I I Public Meeting Agendas The City Clerk's Office is responsible for preparing agendas and minutes for all City Council, Public Financing Authority, Fire Protection District, Oversight Board and City Council meetings and agendas for various Subcommittee meetings. City Council Agenda Items City Council Agenda Items Jan-June 2012=462 Jan-June 2013 =403 ICity Clerk Library Bldg. City aerk Library Bldg. RDA/SA 100/0 \ 3% 0% CM° CSD RDA/SA 8%/0 2% 1%/o CM° CSD 1 3% I 9% 7% 5% Planning 9/0 7% Planning Animal Svcs ° Anirrel Svcs. 4% 4/0 1% 3% Fre I Engineering Fire Engineering 9% 18% 12% 2T/' Finance Admin. Irks lice Finance Admin. Pw orkgblice 10% 12% 594 2% 13% 11% 4% 2% I I3 Department Statistics:January-June 2013 Poo L• -•J •-•• / RktiCH() i,l1:1miiNti,l Administrative Services Department I The Administrative Services Department is the support system for all departments. The department's philosophy is to serve City departments and help them in their efforts toward providing I quality services to the public. Core Service Categories I Finance Management • Geographic Information Systems (GIS) • Special Districts • Information Services • Purchasing • Human Resources • Treasury Management • Business Licensing • Risk Management I Finance Department Highlights o Jan-June 2012 (January -June 2013) Business License Data' O Jan-June 2013 • $1,267,814 received in Business License revenue; I 3.1% increase; 4000 3,567 • $1.142,899 received in Transient Occupancy Tax I 3500 3,198 ` revenue; 14.6% increase; 3000 • $40,197 received in Admissions Tax revenue (new 2500 revenue source effective April 2012): I 2000 • 95,116 cash receipts processed; 7.8% decrease. 1500 1000 561 651 Human Resources Department Highlights ,,-7-' 4' [; 318 265 (January -June 2013) 1 500 u o ' • 12 full-time position recruitments; equal to January - New Business Business June 2012; Businesses License Closures 15 part-time position recruitments; 66.6% increase; Renewals 'Data excludes vendors and contractors located outside Rancho Cucamonga • 2,807 applications screened; 8.6% decrease. I Purchasing Division Highlights Risk Management Statistics (January -June 2013) 1 ❑Jan-June 2012 Workers Compensation o Jan-June 2012 • 218 Requisitions logged: 19.1% General Liability Claims ❑Jan-June 2013 Claims o Jan-June 2013 increase; D, 9 9 10 28 • I 216 Purchase Orders issued; 8.5% 9 e decrease; : -' 8 7 • 39 requests processed for quotes. >>' 8 1 bids, proposals and qualifications: 5 25% decrease; 12 — 4: 8 3 • $11,476 revenue received from on s 7 — 3 I line surplus auction; 6.7% decrease; 3 2 1 s 1 3 z 1 1 1 • 92% of city-wide spending on green o 11 '' �� �� [[[1 MN . .o ri ° Traffic Conlractonr Pothole. Trip B Fall Trees Nits 1 products; 49% increase. Accidents gmmal Bldg.'Code CSD Public Fue Svcs. Works Department Statistics:January—June 2013 4 I I illi ballgriliffilliiIMMIIIIIIIIIRMI18.11MI■exememi :'' I L ctK:,a'4CHO , ntotvcA 1 Administrative Services Department (continued) I Information Technology GIS/Special Districts Highlights IMaintained by the IS Division FY 2012/13 Desktop & Notebook Computers • $29,224,614 received in Special Districts tax; 1 Central Computer Servers Printers 1% decrease • 134.742 parcels submitted to the tax rolls for 37 special assessment districts with 100% Enterprise Applications accuracy; 1 Office Productivity Programs • 1,324 CFD delinquency letters sent; 29% Multi-Function Photocopiers decrease IWired &Wireless Networks • 28.751 newsletters sent; 4.8% decrease IS Completed Work Orders 0 Jan-June 2012 GIS/Special Districts Foreclosure Data ❑Jan-June 2013 Bank Owned Properties by Zia Code 35 300 270 247 248 L-' 30 25 ❑Bank Owned 1 250 214 8/14/2012 1� 210 196 199 207 25 22 22 200 o ❑Bank Owned d16 20 18 12/31/2012 138 16 ❑Bank Owned I 150 15 14 2/6/2013 100 9 9 10 0 Bank Owned 100 10 8 3/6/2013 6 6 i 4 50 5 2 J_______ = .- 0 Jan Feb Mar Apr May Jun 91701 91730 ■1737 91739 IIS Completed Work Orders by Type CFD Tax Delinquency Letters I 344 683 350 329 7001 300 600 527 Ia7 250 207 500' 0 Jan-June 400 IlI 341 ❑Dec-11 200 1q 161 2012 29' 0 Apr-12 I. 150 O Jan-June 300• 263 233 0 Dec-12 2013 Ai 100 Ii1ss 2 ❑Apr-13 25 5 1D0 7. 200 i1 132 25�ll 18,„ ,.32 .1' 0 _. 0 1 Hardware Sot to/are&Ale Account Mgt Web Services 1st Letters 2nd Letters Paid M9 1 5 Department Statistics:January-June 2013 I •,....j Rk\(:[1(.) Planning Department artment Vision Statement 1 The Planning Department facilitates the future growth and development of the City while preserving and enhancing the built environment and civic vitality. I Our Core Service Categories Counter Information • Land Use Entitlements • Environmental Review (CEQA) • Design Review • Economic Development I D Jan-June 2012=3.688 1 'f}d%fZ � � � •f Planning Counter Visits O Jan-June 2013=3,600•s • 4 -4 # Z,. , X897 859 • ~ _�� ! 1� 700 641 598 597 . ( r / '.(�'.,•• _ 597 568■,; ■ i `; 600 546 r�11 c I .1, ,,S "it 500 ir t • 400 6 101 • � S' ' 300 - I 200 sy - 100 'tob_'.. • JAN ' FEB MAR APR MAY JUN The Planning Department is Ready to Serve You 0 2012 Total=$360,876 O Jan-June 2012=20 Planning Department Revenue Approved Planning Applications •Jan-June 2013=30 •2013 Total=$312,069 20 . 1 $100,D00.00 17 $90.000.00 $80.000.00 15 $60,000.00 1 $60,000.00 10 1 7 7 $50.000.00 I 4 5 4 4 $40.000.00 5 $30.000.00 I 1 al $20.000.00• $10,000.00 m w v a I •$0.00 a F U 0 g2 m JAN F® MAR APR MAY JUN I New Development Highlights • Lewis Investment Company is nearing completion of a tract of 55 single-family homes and 64 townhouses featuring edible landscaping for the residents. • The Planning Department took the lead in attracting and fast tracking approvals and permits for the new Evolution Fresh facility, a subsidiary of Starbucks, which provided 75 new jobs for the community. I Department Statistics January—June 2013 6 I 1 144-41 lososo...*°.- --- ANC HO ,trAMONGA IBuilding and Safety Services Department I The Building and Safety Services Department provides quality service to the community in a manner that is comprehensive, efficient and knowledgeable. We continue our commitment to excellent public safety and quality of life by building strong relationships and partnerships with I residents, businesses, and the development communities through innovative programming, technology and the enforcement of the highest standards of codes adopted by the state and city. Core Service Categories I Building Inspection • Building Plan Check and Permit • Code Enforcement • Fire Construction Service • Grading Services I Permits Issued ❑Jan-June 2012=$1.270.841 I ten Revenues Collected m Jan-June 2013=$1.058 441 1,750• I 1.500 1,2.7 - $677,872 1.250 $700.000 " 5608164 $692,969 1,000 $600.000 $450,287 II 750 - 5500.000- 500 5400.000 250 $300.000 0 $200.000 11 Jan-June 2012 Jan-June 2013 $100,000. $0- . ---------- Inspection Requests Par' is Flan Checks I11,323 ` 12,000 10,453 ,...•.1.• 11,000 I 10,000 9,000 .eid al�r.- 1111 e -•. 8,000 ~" •• I A. _ ,. 7.000 �' 6,000 r C? 5.000 - i Jan-June 2012 r Jan-June 2013 ICode Enforcement Active Cases I 3.500 3,370 Building & Safety Department Highlights • During this time period, customers assisted at the 3,000 2,349 i counter increased by 8.6%; 2,500 I 2,000 • Neighborhood Clean-Up event held in 2013 resulting in 1,500 9.35 tons of trash removed; 1,000 • Received Civil Engineering Outstanding Project of the I 500 Jan-June 2012 Jan-June 2013 Year Honorable Mention award for Freedom Courtyard 0 from the American Society of Civil Engineers. I7 Department Statistics:January-June 2013 ''..,,ve4. . . .. _____ �RkNCHC� � ,lY;AMONGA Engineering Services Department I The Engineering Services Department strives to ensure Rancho Cucamonga has the vital infrastructure in place to maintain its standing as the premiere community in the region. This involves managing the engineering, design and construction of capital improvements, reviewing land development and construction activity as it relates to public infrastructure, conducting traffic engineering, and managing environmental programs. Core Service Categories Public Infrastructure Improvements • Land Development • Transportation Development • I Municipal Utility (RCMU) • Storm Water Pollution Prevention • Solid Waste Management • Recycling Programs • Household Hazardous Waste Management • Issuing Construction Permits I Capital Improvements The Capital Improvements section is responsible for the I. `� 11, .1$: I design, construction and installation of public + `� ,47 f infrastructure improvements throughout the City. � . �� ;,�1,��1.4s! �' '� tt Highlights (January—June 2013) ti . ,Y. I i t _- \ h • 49 capital improvement projects identified in FY -.5 1 - '` 2012/13 Capital Improvement Program (CIP); _ I • 6 capital improvement projects approved for ` construction totaling $8,943,388 million in . !' community investment; • Capital improvement projects created an estimated . �.. .; 165 new full and part-time jobs for the region. Permits Issued by Type 5 Land Development 450 391 403 393 The Land Development section is responsible for 400 the engineering review and inspection of 350 plan-June development projects and issuing construction 300 247 Z37 2012 permits for work within the Public Right-of-Way. 250 IN 200 2013 Highlights (January—June 2013) 1 150 i 100 • 1,081 permits issued for work in the Public 50 Right-of-Way; 4.8% increase; I o / 20 visitors assisted each day on average at Lane Closure Right-of-Way Oversize L oa,71 the front counter. I Department Statistics:January—June 2013 8 I ,..ji •-•• 16000001011.1°. {,t c;.\\U 1\(;.1 IEngineering Services Department (continued) I Rancho Cucamonga Municipal Utility RCMU Facts and System Data IThe Rancho Cucamonga Municipal Utility (RCMU) was established-2001• established by the City to manage energy issues at the • Date began providing power-May 2004 local level. RCMU's service area is comprised of the I Victoria Gardens Shopping Center as well as area population - 15,000 (daytime)• surrounding retail and commercial developments that ▪ Service area size-4 square miles were built within RCMU's designated service territory. • Number of meters -507 • Number of streetlights- 197 RCMU Revenue Jan-June 2012=$4.033.186 • Number of transformers- 117 •Jan-June 2013`$4,292,579 • Distribution lines-20 (circuit miles) $1,400,000 • Number of substations - 1 51.200.000 I 51.000.000 — • Average annual consumption -67,000 MWh $aoo 000, • Historical peak- 17 5 MWh (August 2011) 5600.000 $400.000 $200,000 RCMU Highlights (January-June 2013) I so--- - - - • 32,282 MWh of power consumed: 3.6% increase I January February March April May June • $4,292,579 received in revenue; 6.4% increase IEnvironmental Programs The Environmental Programs Section is responsible for implementing. promoting and managing the City's waste I reduction programs, stormwater pollution prevention programs, and Household Hazardous Waste (HHW) Collection Facility. , /1 IAO HHW Collection Facility Highlights ; (January-June 2013) ;• _ • Opened new HHW Collection Facility in February 2013; • $10,462 generated in HHW revenue, . -:•-_,c v.4` J. • 2.606 customers served at HHW +Collection Facility; fir- l Irv. ,� _ • 118 customers served on average each operating - ,9rJ►_ • . 2' =7, “:- ' -� a �r day. I I9 Department Statistics:January–June 2013 1 •0e"�yr: .•• • er 0.°1# -- __ •.• •, • • • I •RANCHO a !f,AMONf,;A Public Work Services Department 1 The Public Works Services Department maintains and protects the investment of the City's growing infrastructure of buildings, streets, storm drains, parks and landscape improvements. The mission of Public Works Services is to "Build, Maintain, and Protect with Pride" by providing high quality customer service, utilizing safe and efficient practices, and implementing proactive planning in both emergency and non-emergency situations. I Core Service Categories Facilities Maintenance • Fleet Maintenance • Graffiti Removal • Parks & Landscape I Maintenance • Roadway Maintenance • Storm Drain Maintenance • Street Sweeping • Traffic Signals & Lighting • Urban Forestry • Water Conservation ❑Jan-June 2012=322 Public Works Services Department Highlights I Streets After-Hours Call Outs p •Jan-June 2013= 108 (January—June 2013) 90 so 344 requests for service through Rancho Responds; Bo, 70 9.6% increase: 70' • 5 days on average to complete service requests: 60, 49 • 1,075 potholes repaired; 50 I — • 21,650 sf. of asphalt removed/replaced (95 locations): 27 24 30 19 • 20,925 sf. of asphalt overlays (20 locations);. 2 I 0, +3 11 10 7 6 a • 4.570 sf. of concrete sidewalk removed/replaced (31 0 _:_ � _ locations); Traffic Traffic Traffic Debris Trees Potholes r.Is,_ Accents Signals Signs Removal • 411 linear ft. of concrete curb & gutter removed/ replaced(11 locations); • 150 sf. of concrete drive approach removed/replaced (6 locations). I , ! Tree Trimming ❑Jan-June 2012=1,077 ❑Jan-June 2012=3.028 In-House Contractor 0 'v a ij- 1.200 ■Jan-June 2013=1.697 ■Jan-June 2013=3.956 1,381 1.400 L 4.000 3800 3.500 294 °• 1,000 3.000 I �� 1 ).n.• ,500 I 800 2.000 600 1.500 pp III 400 1,000 1 200- 500 756 0 0 0 i Trees Trees Trees Trees Trees Trees //{�,, Pruned Removed Ranted Pruned Removed Ranted I Department Statistics:January—June 2013 10 I .1 III 1 L• •• RANCHO ILibrary Services Department The Mission of Rancho Cucamonga Library Services is to inform and enrich the community by providing I access to traditional and technologically innovative resources. We support and encourage education and the love of reading in a welcoming atmosphere with a knowledgeable, service-oriented staff. Ii Core Service Categories IT Public Access Computers • Summer Reading Programs • Back to Basics { — Tutoring Teen Scene • House Calls • Adult Literacy • Bookclubs • I c g • Y ,.,, � r Technology Center • Bookmobile • Passport Services r I .r. ' 6f ?+ f * ❑Jan-June 2012.$211.199 t , Library Services Revenue ®Jan-June 2013=$265235 I �� $120,000 $108 660 $98816, 14, $100,000 I $60.000 $66 000 $57,116 Library Services Highlights (January—June 2013) $60.000 551,598 I The Library was awarded the 2013 National Medal for 540.000 Q80$35 Museum and Library Service for its innovative and $20.0001 responsive work in the Rancho Cucamonga community. The National Medal is the nation's highest honor that can $o I be bestowed upon a library or museum. Councilwoman Williams and Library staff were presented the National Passport Donations Overdue Fines DVD and CD Revenue Received Collected Rentals Medal by First Lady Michelle Obama at a special awards -. Iceremony at the White House in May 2013. I Library Services Statistics w . . • " � t1 589,898 44492 •-'Z'-\ 600 000 557 977 45000 �� a - ' i— 500.000 40.000 C �T• . t' C 92,275 �. ^ 1; 35 000 v / r 400.000 �a 2 _-1` " •- 302,078 _ y.� 268,783 260,785 25.000 = 21 850 '-�c 240 T8 ❑Jan-June 20.000 2012 J . 200.000 15.000 ' D Jan-June . 2013 j I 100.000 j 10.000- L:4 5.000 j Visitors to the items Checked Fits on Library Children Attending Technology Center ILibrary Out Vlkbsde Library Programs Users 1 11 Department Statistics:January—June 2013 I it ••' ;J • ow.0 0 0 0000110111.11111.1 • fo, . — RANCHO Cl!CAMONGA Community Services Department 1 The City's commitment to passive and active open space, recreational and cultural programs, services and facilities makes it a highly desirable community to live, work and play. The Community Services Department 1 provides quality programs and services that increase the health and vitality of residents. Core Service Categories Celebrating Community • Active Lifestyles Through Sports • Promoting Senior Health & Wellness • Youth & Teen Development • Enrichment Through Cultural & Performing Arts General Recreation Service & Outreach I ❑Jan-June 2012=25,330 CSD Program and Registration Highlights* I CSD Program Registrations •Jan-June 2013=23241 (January-June 2013) 25 000 • Over 40,000 registrations processed annually; 22 080 20,232 • Rancho Cucamonga residents comprise 87% of total 20.000; 17,44e registrations; 14,991 • CSD actively promotes online registration, which is on 15.0001 the rise and includes 35% of all registrations: f 10.000 7,890 9.z90 • Senior Programs account for 16% of programs and 26% of registrations; 5.000. 3,240 L—fffl• Sports programs account for 6% of programs and 31% of registrations. 0 Resiaent Non-Resident Walk-In On-Line 'Registration numbers exclude the Lewis Family Playhouse and Special Registrations Registrations Registrations Registrations Events. which are tracked separately I I it Program Registration by Category A • Number of Programs Jan-June 2012=263 Number of Participants •Jan-June 2012=22.133 •Jan-June 2013=262 •Jan-June 2012=29.705 1� 200, 791 192 10.000 IlL"160 9.000 r 160 9000 7 657 2 i 140 7000 120 6.000 5 000 BO 4000 3.239 60 1 3.000 20 16 79 14 100Sports Senior Health! Youttt/Teen General Sports Senior Flealth/ Youth/Teen General j';�` ` wellness Development Recreation' Wet less Deveoprrent Recreation' 4'd `General Recreation Programs include Service, Outreach&Celebrating Community I Department Statistics:January—June 2013 12 1 I lkIIIIIIIIIIIIIIIIIIIIMIIMII"."...IMIIIM.1***„nm...4 ilt 0. , ,J rill.1111.1.1.1111111111.1.11a-----' '' . - — %*... • •• RANCHO CUCAMONGA Community Services Department (continued) IEnrichment Through Cultural & Performing Arts The opening of the Lewis Family Playhouse in 2006 marked a new era of commitment to the I performing arts for the City of Rancho Cucamonga. Performance and ticketing information for the Playhouse is tracked through the Pro Venue System. I Lewis Family Playhouse •Season 6(2011112)=48,550 Lewis Family Playhouse Highlights Season 7(2012/13) Ticket Sales •Season 7(2012113)=56,438 • Headline and specialty series performance I 50,000 42000 47051 ! ticket sales averaged 87%; 45,000 • The return rate of schools attending Theatre 36,000 for Young Audiences (TYA) performances is I 30,000 1" 26380 approximately 74%; 25,000 � • The Playhouse is a regional facility; 56% of 20,000 7o,z76 ticket buyers are non-residents; 15,000 e,012 8,662 10,000 6450 • MainStreet Theatre Company's A Wrinkle in I 5,000 Time was nominated for 4 Ovation Awards 0 and won for Best sound Design. Resident Non-Resident Tickets Sold Tickets Sold g Ticket Sales Ticket Sales On-Line Walk-In/Mail IFund Development I The Department relies on generous contributions to augment General Fund support and program fees. Over$164,000 was received in grants and contributions from January—June 2013. Fund Development Jan-June2012=$157,709 I $60,000 ■Jan-June 2013=$164,005 Fund Development Distribution � $U.924-- - - (January-June 2013) $80,000 330 $70,000 In-Kind Services Sponsorships ' $60,000 9% 45% $50,000$40,000 $30,000 I $20,000 51a,2oo Grants $to,000 I 36% $0 Donations Sponsorships Donations Grants In-Kind I Services 10% I Celebrating Community—Fun Facts (January—June 2013) • The 5-week Summer Concerts series attracted 12,700 attendees; 15% increase from 2012. • Summer Movies in the Park provided newer released movies this year, resulting in a 20% attendance increase. I • Library and CSD joined forces to host an exceptional summer programs kick-off event featuring contract class demonstrations, sports drills and story times. This event directly impacted class and program registrations. I13 Department Statistics:January—June 2013 I . A.4... .., ' •••• :di ..J— ,."111°11111111 GA . CfElF4) ' Rancho Cucamonga Fire Protection District The Rancho Cucamonga Fire Protection District provides vital fire and life safety services to residents, visitors and businesses in Rancho Cucamonga. Through an innovative combination of risk reduction and emergency response programs, Fire District personnel are dedicated to delivering these services in an effective, efficient and professional manner to those we serve. Core Service Categories 1 Emergency Management • Emergency Medical Services • Hazardous Materials Team • Technical Rescue Team • Wildland Fire Protection • Fire Prevention • Public Education • Fire Code Administration • Fire Station Services 0 Jan-June 2012=540 Fire Incidents ■Jan-June 2013=674 \ ` 488 ll i. 500 I - - 450 400 351 . - . '. Ill 350 "!I 141�I# w �I i L� 300 '�cM: ---`, : :, _ ..`.•,.- .. 250 l 's. M 200 �•'Y 1�:� . A '. 150 1 �' -`- ��-17 • 100 69 59 d ( _ ` - 38 51 40 qp 42 • 36 `f 50 I IIII 1. Er Structure Vegetation Vehicle Fire Other Fire Fire-Related' I Fire Fire ��r�; f ""- 'Explosions:Hazardous Conditions;Reported Smoke or Odor.Fire Alarms Fire District Incident Summary I Emergency Medical/ ❑Jan-June 2012=4,853 (January-June 2013) Rescue Incidents •Jan-June 2013=5,134 • 6,797 total incidents for fire, emergency 3 968 3,901 medical/ rescue, hazardous materials and 4,000 f • public service/other; 6.9% increase; 3.500 3,000 I 674 fire incidents; 24.8% increase; 2.500 • 5,134 emergency medical/rescue incidents; 2.000 5.8% increase; 1.500 • 41 hazardous materials incidents; 6.8% 1.000 BSe decrease; 500 287 •263 184 212 41 . • 355 public service incidents including water , 0 salvages, lockouts, police matters and other Emergency Traffic Collision Traffic Collision Emergency non-emergencies: 2.5% decrease; Medical Services (w/injury) (non-injury) Medical/ Rescue-Related- • 593 incidents where no action was required: **Medical&invalid Assists:Emergency Medical Services where no care was rendered 6.1% decrease. Department Statistics:January-June 2013 14 I • L. ... RANCHO CUCAMONGA Rancho Cucamonga Fire Protection District (continued) rPublic Education Activities Summary 0 Jan-June 2012=56 (January-June 2013) Public Education Activities •Jan-June 2013=44 I • 44 public education activities held from January 25- • 22 u -June 2013; • 4,293 citizen contacts made through public 20- r education activities; j 's 15- • Public education provided through community e events, engine company visits, school 10- 7 I assemblies, and station tours. 5 I 0 ... r 0 Community Engine School Station Tours Events Company\/sits Assemblies Ar6 .=:..f.';':. 41 . `:1--.. Employee Development Highlights 1 ��,^ (January-June 2013) Ii';i O 20,776 total training hours (including classroom); 19.1% increase; - -,-. - L' t J ■ 1 • 72 multi-company training exercises; 9.1% increase; • 3.7 average training hours per shift per employee; 8.8% increase. r I � Fire Prevention ❑Jan-June 2012=1,536 el READY Ready RC Program Highlights Bureau Activities •Jan-June 2013=1,832 11-11111:—.1 .11111 1441� (January-June 2013) sae_ I 800. 712 700- 686 666 ' • Ham Radio Licensing Course&Testing: 4 Classes; 500- • Auxiliary Communications Training: 4 Workshops; 400- ! 307 363 • CERT Basic Training: 3 Classes; 200- 87 I 72 • CERT Specialized Training: 3 Classes; 100- 0 • Community Preparednes: 3 Classes. High Lard Figh Hazard Fire Spring weed weed Occupancy Permits Issued Abatement Abatements by I - Inspections Notices RCFD Contractors i15 Department Statistics:January-June 2013 I r s RANCHO CI CAMMONGA Police Department I The Rancho Cucamonga Police Department is dedicated to serving our city with integrity and compassion, while delivering proactive professional law enforcement services to meet the diverse needs of the community. Our goal is to provide exceptional service that exceeds expectations. I Core Service Categories Law Enforcement • Crime Prevention • Traffic Safety • 'r Criminal Investigations • Parking Enforcement • Crime Analysis • Citizens Patrol • Equestrian Patrol - Explorer Program • Volunteer Programs --742t:4111111fierr- I Plif, rt ❑Jan-June 2012 4 \-- I Crime Data •Jan-June 2013 4,515 1 I 5,000 4,258 Police Department Highlights 4.000 (January—June 2013) 3.000 2,461 2,356 • 67,936 calls for service; 3.1% decrease from January—June 2012; 2,000 • Response time for service calls averaged 4 1 1.000 minutes 41 seconds; 0` • Part I crimes down 4.3%: Part I Crimes* Part II Crimes" 'Includes:homicide.forcible rape.robbery.aggravated assault and burglary • Property crimes down 2.7%; I "Includes-assaults.minor sex offenses.liquor law violations.vandalism,DUI and drug abuse ❑2012 Jan-June=4,130 ❑2012 Jan-June=343 I Property Crimes Crimes Against Persons •2013 Jan-June=4,020 •2013 Jan-June=349 e7 500. 90 418 390 371 360 377 80 1 67 400 36 326 328 330 345 295 0 60 11111F52 ,55 57 300 5 50 200 40 30 100 20 10 0 ._ z0 __ Jan Feb Mar Apr May Jun Jan Feb Mar Apr May Jun I Department Statistics:January—June 2013 16 1 % •. R>,\t:Ft() IPolice Department (continued) I Traffic Safety Divison ligtilix. �, I The primary function of the Traffic Division is to facilitate the safe and - 4 ,' '„ efficient movement of traffic through the City of Rancho Cucamonga. ,;K� • The Traffic Division enforces California Vehicle Codes, investigates "man I traffic collisions, directs traffic when needed and develops driver 411111 hil--- awareness of traffic laws and causes of collisions. o_ ,, >, I o 2012 Jan-June=546 .Nbaese — Traffic Accidents a •2013 Jan-June=672 111 fmt 120 120 : 111111 80 - I 60 40 Traffic Safety Summary (January—June 2013) 20 0 • .. • 8,869 traffic citations issued; 7.4% decrease Jan Feb Mar Apr May Jun • 261 DUls: 11.2% decrease • 672 traffic accidents; 23.1% increase i I Citations o 2012 Jan-June=9.578 •2013 Jan-June=8.869 DUIS 0 2012 Jan-June=294 •2013 Jan-June=261 2.000• 1 m1,822 1,826 1,745 70 63 I 1645 1,486 1,504 1,439 1,479 1.500 1,199 1,277 1,347 60 56 62 58 36 39 4I 5Lii ! iii III 1,000 3500 2I 0`— y 1 Jan Fee Mar Apr May m Jan Feb Mar Apr May Jun I I17 Department Statistics:January-June 2013 1 Af.--7.0e-. , ...... . .. walis■----i—......4. . _ __ " •.. . ._ _ . , . . . ., • •• •_.• Rk\c:tHO Cl Animal Care & Services Department i The mission of the Animal Care & Services Department is to build a community in which every adoptable pet finds a home. Our vision is to enrich the lives of animals through a compassionate partnership with the community. Core Service Categories Animal Care & Enrichment • Pet Adoptions • Community Outreach • Spay & Neuter • I Field Services • Reuniting Pets with Owners • Volunteer & Foster Programs • Pet Care Information • Pet Microchips • Pet Licensing u ❑Jan-June 2012=2,666 .."'% `- Animal Intake(Dogs&Cats) ❑Jan-June 2013=2.476 ,o.' ' :} '111111 i''rallep 2.500 I lir lb. z � 2.000 Z010—• s•1• 11F --- r gt-'k--. 1.500 r 1 .y 111Wr .- • . ; _ 3 1,000 500 280 260 I 164 163 t�=T 76 T8 29 37 0 ----- `f��,"`-.� ■. y� . ' Stray/ From Ow ner Adoption Returned Born at Owner Abandonded Returns from Foster Center/ Requested Animal Center Highlights (January-June 2013) Care Transfers Euthanasia I • Operation Cat Nip-54 community cats spayed and neutered at no charge; SIT,I r • Free Microchip Clinic- 181 dogs and cats microchipped; I • Staff and volunteers attended 24 offsite adoption events; cats offered for p,• adoption at 3 PetSmarts; , _� • Fundraising events included: First Annual Open House; Furry Friends Flea ` 1,"' M 1 arket; Outback Steakhouse fundraiser. _ is ; • 82% live placement rate for dogs and cats. I ilk t 111 I1Il1ll 1 ❑Jan-June 2012=2,550 Animal Outcome(Dogs&Cats) 0 Jan-June 2013=2.399 JQ Field Calls I 1,076 1,012 000 i 4.000 3,466 411W- I B00 I 3,500 3.000 600 i 2.500 Ii it _ a00 •364 2. 257 000 438 ii 199 237 1,500 - 200 92 II b 6• 2934 1.000 0 �. _8. M. ,' . ,Ea. .. _. Jan-June 2012 Jan-June 2013 I Adoptions TNR! Sent to Sent to Rettrned Other Lee Died/ Euthanasia Euthanasia Oewer Relocate Foster Rescue to Owlet' Outcome Escaped (Medical) (Behavior) Requested 'Officer calls from June 2013 include licensing Euthanasia enforcement follow-ups by Licensing Canvasser 1 Department Statistics:January-June 2013 18 1 ITEM REMOVED FROM THE AGENDA October 2, 2013 — Regular City Council Meeting M. City Manager's Staff Report — Fire & City P48 Item M3: Approval of a revised Cooperative Agreement with the California Department of Transportation (Caltrans) and the San Bernardino County Associated Governments (SANBAG) (Caltrans Agreement No. 08-1549; CO# 13-169) assigning responsibilities for the construction support and construction capital components of the Interstate 15 at Base Line Road Interchange Improvement Project. ITEM REMOVED FROM THE AGENDA �� P48 STAFF REPORT 1,44 _,F41,1 ENGINEERING SERVICES DEPARTMENT Date: October 2, 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: Jason C. Welday, Traffic Engineerco,.) Subject: APPROVAL OF A REVISED COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) AND THE SAN BERNARDINO COUNTY ASSOCIATED GOVERNMENTS (SANBAG) (CALTRANS AGREEMENT NO. 08-1549; CO13-169) ASSIGNING RESPONSIBILITIES FOR THE CONSTRUCTION SUPPORT AND CONSTRUCTION CAPITAL COMPONENTS OF THE INTERSTATE 15 AT BASE LINE ROAD INTERCHANGE IMPROVEMENT PROJECT RECOMMENDATION It is recommended that the City Council approve revised Caltrans Agreement 8-1549 (CO 13-169) and authorize the Mayor to sign the agreement. BACKGROUND/ANALYSIS On July 17, 2013, the City Council, approved Caltrans Agreement 8-1549 (CO 13-169), a Construction Cooperative Agreement between the City, San Bernardino County Associated Governments (SANBAG), and the California Department of Transportation (Caltrans) for the construction phase of the Interstate 15 at Base Line Road Interchange Improvement Project (project). This agreement defined the roles, relationships, and responsibilities of the three project partners (City, SANBAG, and Caltrans). Subsequent to the City Council's approval and prior to final approval by the SANBAG Board and Caltrans, SANBAG and Caltrans identified modifications to language in the agreement that would be required prior to approval by their respective agencies. In general the modifications to the agreement address revisions to the Scope Summary to correctly indicate responsibilities assigned to the project partners; revisions to the Funding Summary to update project costs, billing, and payment details; and the addition of a Spending Summary. Respectfully submitted, Mark A. euer Director of Engineering Services/City Engineer MAS/JCW:Is Attachment: Revised Caltrans Agreement No. 8-1549 (C013-169) P49 08-SBD-15-6.3/7.1 A EA:49710 Project Number: 0800000789 Federal Funds Agreement: 08-1549 COOPERATIVE AGREEMENT This Agreement,effective on , is between the State of California, acting through its Department of Transportation,referred to as CALTRANS,and: San Bernardino County Association of Governments,a Council of Governments,acting in its capacity as the San Bernardino County Transportation Commission,referred to hereinafter as SANBAG City of Rancho Cucamonga a political subdivision of the State of California,referred to as CITY. RECITALS 1. CALTRANS, SANBAG and CITY are herein after collectively referred to as PARTNERS. PARTNERS are authorized to enter into a cooperative agreement for improvements to the state highway system(SHS)per the California Streets and Highways Code sections 114 and 130. 2. For the purpose of this Agreement,construction of the Interstate 15 (1-15)and Base Line Road Interchange improvements:widen Base Line Road to 6 lanes between I-15 southbound and northbound ramps, widen ramps and install signal, in the city of Rancho Cucamonga,will be referred to hereinafter as PROJECT. 3. All responsibilities assigned in this Agreement to complete the following PROJECT COMPONENTS will be referred to hereinafter as OBLIGATIONS: • CONSTRUCTION SUPPORT • CONSTRUCTION CAPITAL 4. Prior to this Agreement: • City of Rancho Cucamonga developed the Project Report and Environmental Document(Cooperative Agreement 08-1254 and 08-1254 A/1);and the Plans, Specifications and Estimate and the Right of Way Certification(Cooperative Agreement 08-1455). 5. CALTRANS signed and approved the Negative Declaration pursuant to CEQA and the Findings of No Significant Impact pursuant to NEPA on September 30, 2011. C13148 1 P50 Agreement: 08-1549 Project Number: 0800000789 6. In this Agreement capitalized words represent defined terms and acronyms. 7. PARTNERS hereby set forth the terms, covenants,and conditions of this Agreement, under which they will accomplish OBLIGATIONS. RESPONSIBILITIES 8. SANBAG is SPONSOR for 100%of PROJECT. 9. The FUNDING PARTNER(S)and the details of the funding commitments are documented in the latest FUNDING SUMMARY and SPENDING SUMMARY. 10. SANBAG is IMPLEMENTING AGENCY for CONSTRUCTION. 11. CALTRANS is the CEQA and NEPA lead agency for PROJECT. 12. CITY is the CEQA responsible agency for PROJECT. 13. CALTRANS will provide Independent Quality Assurance(IQA)for the portions of WORK within existing and proposed SHS right of way. Per NEPA assignment and CEQA statutes,CALTRANS will perform its QC/QAP process review for environmental documentation. 14. SANBAG and CITY may provide IQA for the portions of the WORK outside existing and proposed SHS right of way. SCOPE Scope: General 15. PARTNERS will perform all OBLIGATIONS in accordance with federal and California laws,regulations, and standards;FHWA STANDARDS; and CALTRANS STANDARDS. 16. CALTRANS retains the right to reject noncompliant WORK,protect public safety, preserve property rights,and ensure that all WORK is in the best interest of the SHS. Per NEPA assignment and CEQA statutes, CALTRANS will perform its QC/QAP process review for environmental documentation. 17. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality Management Plan(QMP)for that component as part of the PROJECT MANAGEMENT PLAN.The CALTRANS District Construction Division,with input from Structure Construction must approve the QMP before the encroachment permit for construction is issued. 18. CALTRANS approves all Hot Mix Asphalt(HMA)Job Mix Formula(JMF) and concrete mixes to be used on the SHS. CALTRANs will be compensated for all costs C13148 2 P51 Agreement: 08-1549 Project Number: 0800000789 associated with these tasks. Cost for these tasks is estimated to be$44,000 as shown on the SPENDING SUMMARY 19. Any PARTNER may,at its own expense, have representatives observe any OBLIGATIONS performed by another PARTNER.Observation does not constitute authority over those OBLIGATIONS. 20. Each PARTNER will ensure that personnel participating in OBLIGATIONS are appropriately qualified or licensed to perform the tasks assigned to them. 21. IMPLEMENTING AGENCY shall retain consultants and shall invite CALTRANS to participate in the selection and retention of consultants that participate in OBLIGATIONS.At least one representative from the Construction Division of CALTRANS shall participate in the selection process.A construction management firm shall not be selected without the majority approval of the selection team. 22. If WORK is done under contract(not completed by a PARTNER's own employees) and is governed by the California Labor Code's definition of"public works"(section 1720(a)),that PARTNER will conform to sections 1720— 1815 of the California Labor Code and all applicable regulations and coverage determinations issued by the Director of Industrial Relations. 23. IMPLEMENTING AGENCY for each PROJECT COMPONENT included in this Agreement will be available to help resolve WORK related problems generated by that component for the entire duration of PROJECT. 24. CALTRANS will issue,upon proper application,the encroachment permits required for WORK within SHS right of way. Contractors and/or agents, and utility owners will not perform activities within the SHS right of way without an encroachment permit issued in their name. 25. If any PARTNER discovers unanticipated cultural,archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTNER will notify all PARTNERS within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and a plan is approved for its removal or protection. 26. PARTNERS will hold all administrative drafts and administrative final reports, studies, materials,and documentation relied upon,produced,created, or utilized for PROJECT in confidence to the extent permitted by law and where applicable,the provisions of California Government Code section 6254.5(e)shall protect the confidentiality of such documents in the event that said documents are shared between PARTNERS. PARTNERS will not distribute,release, or share said documents with anyone other than employees,agents,and consultants who require access to complete PROJECT without the written consent of the PARTNER authorized to release them, unless required or authorized to do so by law. C13148 3 P52 Agreement: 08-1549 Project Number: 0800000789 27. If a PARTNER receives a public records request pertaining to OBLIGATIONS,that PARTNER will notify PARTNERS within five (5)working days of receipt and make PARTNERS aware of any disclosed public documents.PARTNERS will consult with each other prior to the release of any public documents related to the PROJECT. 28. If HM-1 or HM-2 is found during a PROJECT COMPONENT,IMPLEMENTING AGENCY for that PROJECT COMPONENT will immediately notify PARTNERS. 29. CALTRANS, independent of PROJECT, is responsible for any HM-1 found within the existing SHS right of way. CALTRANS will undertake HM MANAGEMENT ACTIVITIES related to HM-1 with minimum impact to PROJECT schedule. 30. If HM-1 is found within PROJECT limits and outside the existing SHS right of way, responsibility for such HM-1 rests with the owner(s)of the parcel(s)on which the HM-1 is found. SANBAG, in concert with the local agency having land use jurisdiction over the parcel(s),will ensure that HM MANAGEMENT ACTIVITIES related to HM-1 are undertaken with minimum impact to PROJECT schedule. 31. If HM-2 is found within PROJECT limits,the public agency responsible for the advertisement,award,and administration(AAA)of the PROJECT construction contract will be responsible for HM MANAGEMENT ACTIVITIES related to HM-2. 32. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition. 33. PARTNERS will comply with all of the commitments and conditions set forth in the environmental documentation,environmental permits, approvals,and applicable agreements as those commitments and conditions apply to each PARTNER's responsibilities in this Agreement. 34. IMPLEMENTING AGENCY for each PROJECT COMPONENT will furnish PARTNERS with written quarterly progress reports during the implementation of OBLIGATIONS in that component. 35. Upon OBLIGATION COMPLETION, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the SHS within SHS right of way as part of WORK become the property of CALTRANS. CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside SHS right of way. 36. IMPLEMENTING AGENCY for a PROJECT COMPONENT will accept,reject, compromise, settle, or litigate claims of any non-Agreement parties hired to do WORK in that component. 37. PARTNERS will confer on any claim that may affect OBLIGATIONS or PARTNERS' liability or responsibility under this Agreement in order to retain C13148 4 P53 Agreement: 08-1549 Project Number: 0800000789 resolution possibilities for potential future claims.No PARTNER will prejudice the rights of another PARTNER until after PARTNERS confer on claim. 38. PARTNERS will maintain,and will ensure that any party hired by PARTNERS to participate in OBLIGATIONS will maintain,a financial management system that conforms to Generally Accepted Accounting Principles(GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings. 39. If FUNDING PARTNERS fund any part of OBLIGATIONS with state or federal funds, each PARTNER will comply,and will ensure that any party hired to participate in OBLIGATIONS will comply with the federal cost principles of 2 CFR,Part 225, and administrative requirements outlined in 49 CRF, Part 18. These principles and requirements apply to all funding types included in this Agreement. 40. PARTNERS will maintain and make available to each other all OBLIGATIONS- related documents, including financial data, during the term of this Agreement. 41. PARTNERS will retain all OBLIGATIONS-related records for three(3)years after the final voucher. 42. PARTNERS have the right to audit each other in accordance with generally accepted governmental audit standards. CALTRANS,the state auditor,FHWA(if PROJECT utilizes federal funds), SANBAG and CITY will have access to all OBLIGATIONS-related records of each PARTNER, and any party hired by a PARTNER to participate in OBLIGATIONS, for audit, examination,excerpt, or transcription. The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation.The auditing PARTNER will be permitted to make copies of any OBLIGATIONS-related records needed for the audit. The audited PARTNER will review the draft audit,findings,and recommendations, and provide written comments within 30 calendar days of receipt. Upon completion of the final audit, PARTNERS have 30 days to refund or invoice as necessary in order to satisfy the obligation of the audit. Any audit dispute not resolved by PARTNERS is subject to mediation. Mediation will follow the process described in the General Conditions section of this Agreement. 43. If FUNDING PARTNERS fund any part of PROJECT with state or federal funds, each FUNDING PARTNER will undergo an annual audit in accordance with the Single Audit Act of OMB Circular A-133. 44. If FUNDING PARTNERS fund any part of PROJECT with federal funds,any PARTNER that hires another party to participate in OBLIGATIONS will conduct a C13148 5 P54 Agreement: 08-1549 Project Number: 0800000789 pre-award audit of that party in accordance with the Local Assistance Procedures Manual. 45. PARTNERS will not incur costs beyond the funding commitments in this Agreement. If IMPLEMENTING AGENCY anticipates that funding for WORK will be insufficient to complete WORK,IMPLEMENTING AGENCY will promptly notify other PARTNERS. 46. If WORK stops for any reason,IMPLEMENTING AGENCY will place PROJECT right of way in a safe and operable condition acceptable to CALTRANS. 47. If WORK stops for any reason,each PARTNER will continue to implement all of its applicable commitments and conditions included in the PROJECT environmental documentation,permits,agreements, or approvals that are in effect at the time that WORK stops,as they apply to each PARTNER's responsibilities in this Agreement, in order to keep PROJECT in environmental compliance until WORK resumes. 48. Each PARTNER accepts responsibility to complete the activities that it selected on the SCOPE SUMMARY.Activities marked with"N/A"on the SCOPE SUMMARY are not included in the scope of this Agreement. 49. Contract administration procedures shall conform to CALTRANS' Construction Manual, Local Assistance Procedures Manual(if Federal funds are used), and the PROJECT encroachment permits. 50. If the Resident Engineer is not also a registered Landscape Architect, SANBAG will furnish,at SANBAG expense and subject to approval of CALTRANS Landscape Architecture,a registered Landscape Architect to perform work related to architecture treatment and landscaping and to perform the function of an Assistant Resident Engineer/Inspector who is responsible for both daily on-site inspection and final decisions including,but not limited to, any highway planting and the irrigation systems that comprise a portion of the PROJECT work, consistent with any applicable measures in the environmental commitments record. Final decisions shall continue to be subject to the satisfaction and approval of CALTRANS. Scope: Environmental Permits,Approvals and Agreements 51. Each PARTNER identified in the Environmental Permits table below accepts the responsibility to complete the assigned activities. If PARTNERS later determine that an environmental permit, approval or agreement is necessary PARTNERS will amend this Agreement to ensure completion and implementation of all environmental permits, approvals,and agreements. ENVIRONMENTAL PERMITS Permit Coordinate Prepare Obtain Implement Renew Amend 404 USACOE CITY CITY CITY SANBAG CITY CITY 401 RWQCB CITY CITY CITY SANBAG CITY CITY 1602 DFG CITY CITY CITY SANBAG CITY CITY C13148 6 P55 Agreement: 08-1549 Project Number: 0800000789 Scope: Construction 52. SANBAG will not employ any firm to perform PROJECT construction management that prepared PROJECT plans, specifications, and estimate and SANBAG will ensure that any such firm will not be employed by or under contract to the PROJECT construction contractor. However,PARTNERS may retain such a firm to check shop drawings, do soil foundation tests,test construction materials, and perform construction surveys. 53. SANBAG will advertise,open bids, award,approve, and administer the construction contract in accordance with the California Public Contract Code and the California Labor Code. SANBAG will not advertise the construction contract until CALTRANS completes or accepts the final plans, specifications,and estimate package;CALTRANS approves the Right of Way Certification;and SPONSOR verifies full funding of CONSTRUCTION SUPPORT and CONSTRUCTION CAPITAL. By accepting responsibility to advertise and award the construction contract, SANBAG also accepts responsibility to administer the construction contract. 54. PARTNERS agree that SANBAG is designated as the Legally Responsible Person and the approved Signatory Authority pursuant to the Construction General Permit, State Water Resources Control Board(SWRCB)Order Number 2009-0009-DWQ, as defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the Legally Responsible Person and the Approved Signatory authority as mandated by Construction General Permit. 55. SANBAG will provide a RESIDENT ENGINEER, licensed to practice Civil Engineering in the State of California,and CONSTRUCTION SUPPORT staff that are independent of the design engineering company and construction contractor. 56. SANBAG will implement changes to the construction contract through contract change orders(CCOs).PARTNERS will review and concur on all CCOs over $50,000. CALTRANS must approve all CCOs affecting public safety or the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual prior to implementing the CCO. 57. If FUNDING PARTNERS fund any part of OBLIGATIONS with state or federal funds SANBAG will use a CALTRANS-approved construction contract claims process, will administer all claims through said process,and will be available to provide advice and technical input in any claims process. 58. If the lowest responsible construction contract bid is greater than the funding commitment to CONSTRUCTION CAPITAL, all PARTNERS must be involved in determining how to proceed. If FUNDING PARTNERS do not agree in writing on a C13148 7 P56 Agreement: 08-1549 Project Number: 0800000789 course of action within 15 working days,the IMPLEMENTING AGENCY shall not award the construction contract. 59. SANBAG will require the construction contractor to furnish payment and performance bonds naming SANBAG as obligee,and CALTRANS and CITY as additional obligees, and to carry liability insurance in accordance with CALTRANS specifications. 60. SANBAG will prepare a QMP which will include a description of how source inspection will be performed, and will submit the QMP to CALTRANS for review and approval by the State Materials Engineer. CALTRANS will issue the parent permit to SANBAG upon submittal of a complete encroachment permit application. The parent permit will cite approval of the QMP by CALTRANS as a condition of issuing a double permit. CALTRANS will issue the double permit to the contractor upon submittal of a complete encroachment permit application and all conditions cited in the parent permit have been met. SANBAG will provide, or cause to provide, source inspection services. 61. SANBAG may request CALTRANS to complete portions of WORK as engineering services. Should CALTRANS agree to perform the requested services,PARTNERS will document the arrangement in writing. Such an arrangement does not change the responsibilities as documented in the SCOPE SUMMARY. 62. As IMPLEMENTING AGENCY for construction, SANBAG is responsible for maintenance within PROJECT limits as part of the construction contract. 63. CALTRANS, SANBAG and CITY having land use jurisdiction adjacent to the PROJECT limits will develop and execute a new or amended maintenance agreement prior to OBLIGATION COMPLETION. 64. SANBAG will furnish CALTRANS,within 180 calendar days after the Construction Contract Acceptance(CCA)date, a complete set of electronic"As-built"plans, including Contract Change Orders(CCOs),(with the resident engineer's name printed on each plan sheet,and signature on the title sheet)including any changes authorized by CALTRANS. SANBAG will submit all plans in Microstation.dgn format,version 7.0 or later. In addition, SANBAG will submit to CALTRANS one set of plans and addenda in.11F. SANBAG will submit all plans on a CD ROM compliant with CALTRANS' CADD Users Manual, Section 4.3,Plans Preparation Manual, Section 2.3 and, Construction Manual, Section 5-104. 65. SANBAG will submit to CALTRANS,within sixty(60)calendar days following the Final Estimate or Resolution of Construction Claims(if any)the complete Project History File(PHF). SANBAG will assure that the PHF is prepared and submitted in compliance with the Project Development Procedures Manual,Chapter 7. All C 13148 8 P57 Agreement: 08-1549 Project Number: 0800000789 material will be submitted neatly in a three-ring binder and on a CD ROM(s)in PDF format. COST Cost: General 66. PARTNERS will document specific funding,billing, and payment details in a FUNDING SUMMARY. The FUNDING SUMMARY is incorporated and made an express part of this Agreement. A valid FUNDING SUMMARY must be in place at all times until OBLIGATION COMPLETION. PARTNERS will create a new FUNDING SUMMARY each time the funding,billing and payment details of PROJECT change. The FUNDING SUMMARY is only valid after PARTNERS sign and date the FUNDING SUMMARY. The most current fully executed FUNDING SUMMARY supersedes any previous FUNDING SUMMARY created for this Agreement. Replacement of the FUNDING SUMMARY will not require an amendment to the body of this Agreement unless the rules of the new funds require it. Each PARTNER will designate a legally authorized representative to sign the FUNDING SUMMARY on its behalf. 67. PARTNERS may invoice the appropriate FUNDING PARTNER according to the terms documented in the FUNDING SUMMARY. 68. If SANBAG has received Electronic Funds Transfer(EFT)certification from CALTRANS then SANBAG will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS. 69. Unless otherwise documented in the FUNDING SUMMARY, all fund types contributed to a PROJECT COMPONENT will be spent proportionately within that PROJECT COMPONENT. 70. Unless otherwise documented in the FUNDING SUMMARY,any savings recognized within a PROJECT COMPONENT will be credited or reimbursed,when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type. 71. After PARTNERS agree that all WORK is complete for a PROJECT COMPONENT, CALTRANS will submit a fmal accounting for all OBLIGATIONS costs.Based on the final accounting,PARTNERS will refund or invoice as necessary in order to satisfy the financial commitments of this Agreement. 72. If FUNDING PARTNERS fund OBLIGATIONS with American Recovery and Reinvestment Act(ARRA) funds,PARTNERS will adopt the terms,conditions, C13148 9 P58 Agreement: 08-1549 Project Number: 0800000789 requirements,and constraints of the American Recovery and Reinvestment Act of 2009. 73. If FUNDING PARTNERS fund OBLIGATIONS with Proposition 1B Bond funds, PARTNERS will meet the requirements of Government Code Section 8879.20 et al. (Proposition 1 legislation),the governor's Executive Order 2007-S-02-07,and the California Transportation Commission(CTC)program guidelines for the applicable account. Right of way purchased using Proposition 1B Bond funds will become the property of CALTRANS,and any revenue from the sale of excess lands originally purchased with bond funds will revert to CALTRANS. 74. The cost of any awards,judgments, or settlements generated by OBLIGATIONS is an OBLIGATIONS cost. 75. CALTRANS, independent of PROJECT,will pay, or cause to be paid, all costs for HM MANAGEMENT ACTIVITIES related to HM-1 found within the existing SHS right of way. 76. Independent of PROJECT,all costs for HM MANAGEMENT ACTIVITIES related to HM-1 found within PROJECT limits and outside the existing SHS right of way will be the responsibility of the owner(s)of the parcel(s)where the HM-1 is located. 77. HM MANAGEMENT ACTIVITIES costs related to HM-2 are CONSTRUCTION SUPPORT and CONSTRUCTION CAPITAL costs. 78. The cost to comply with and implement the commitments set forth in the environmental documentation is an OBLIGATIONS cost. 79. The cost of any legal challenges to the CEQA or NEPA environmental process or documentation is an OBLIGATIONS cost. 80. Independent of OBLIGATIONS cost, CALTRANS will fund the cost of its own IQA for WORK done within existing or proposed future SHS right of way. Independent of OBLIGATIONS cost,CALTRANS will fund the cost of its QC/QAP process review for environmental documentation. 81. CALTRANS will provide encroachment permits to PARTNERS,their contractors, consultants and agents, at no cost. 82. Fines, interest, or penalties levied against a PARTNER will be paid, independent of OBLIGATIONS cost,by the PARTNER whose actions or lack of action caused the levy. 83. If federal funds are used on PROJECT while this Agreement is active CALTRANS will administer all federal subvention funds documented on the FUNDING SUMMARY. C13148 10 P59 Agreement: 08-1549 Project Number: 0800000789 84. Travel,per diem,and third-party contract reimbursements are an OBLIGATIONS cost only after those hired by PARTNERS to participate in OBLIGATIONS incur and pay those costs. Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Personnel Administration(DPA) rules current at the effective date of this Agreement. If SANBAG invoices for rates in excess of DPA rates, SANBAG will fund the cost difference and reimburse CALTRANS for any overpayment. 85. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs.CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds are subject to the current Program Functional Rate.Local funds are subject to the current Program Functional Rate and the current Administration Rate.The Program Functional Rate and Administration Rate are adjusted periodically. 86. If CALTRANS reimburses SANBAG for any costs later determined to be unallowable, SANBAG will reimburse those funds. 87. The cost to place PROJECT right of way in a safe and operable condition and meet all environmental commitments is an OBLIGATIONS cost. 88. Because IMPLEMENTING AGENCY is responsible for managing the scope,cost, and schedule of a project component, if there are insufficient funds available in this Agreement to place PROJECT right of way in a safe and operable condition,the appropriate IMPLEMENTING AGENCY accepts responsibility to fund these activities until such time as PARTNERS amend this Agreement. That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. 89. If there are insufficient funds in this Agreement to implement applicable commitments and conditions included in the PROJECT environmental documentation,permits,agreements, and/or approvals that are in effect at a time that WORK stops,each PARTNER implementing commitments or conditions accepts responsibility to fund these activities, as they apply to each PARTNER's responsibilities, until such time as PARTNERS amend this Agreement. Each PARTNER may request reimbursement for these costs during the amendment process. 90. Except as otherwise provided in this Agreement,PARTNERS will pay invoices within 30 calendar days of receipt of invoice. C13148 11 P60 Agreement: 08-1549 Project Number: 0800000789 Cost: Environmental Permits,Approvals and Agreements 91. The cost of coordinating, obtaining, complying with, implementing, including renewing and amending resource agency permits, agreements,and approvals is an OBLIGATIONS cost. Cost: Construction Support 92. The cost of source inspection is an OBLIGATIONS cost. 93. The cost of engineering services provided by CALTRANS is an OBLIGATIONS cost. CALTRANS will be reimbursed for engineering services. Reimbursable costs for Construction Engineering and testing are identified in the SPENDING SUMMARY,which is included as part of the FUNDING SUMMARY. 94. The cost to maintain the SHS within PROJECT limits is an OBLIGATIONS cost until PARTNERS execute a separate maintenance agreement. Cost: Construction Capital 95. The cost of all SFM is a CONSTRUCTION CAPITAL cost. SCHEDULE 96. PARTNERS will manage the schedule for OBLIGATIONS through the work plan included in the PROJECT MANAGEMENT PLAN. GENERAL CONDITIONS 97. PARTNERS understand that this Agreement is in accordance with and governed by the Constitution and laws of the State of California.This Agreement will be enforceable in the State of California.Any PARTNER initiating legal action arising from this Agreement will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this Agreement resides, or in the Superior Court of the county in which PROJECT is physically located. 98. All OBLIGATIONS of CALTRANS under the terms of this Agreement are subject to the appropriation of resources by the Legislature,the State Budget Act authority, and the allocation of funds by the California Transportation Commission. 99. When CALTRANS performs IQA activities it does so for its own benefit.No one can assign liability to CALTRANS due to its IQA activities. 100. Neither SANBAG nor CITY nor any officer or employee thereof are responsible for any injury,damage,or liability occurring by reason of anything done or omitted to be done by CALTRANS under or in connection with any work, authority,or jurisdiction conferred upon CALTRANS under this agreement. C13148 12 P61 Agreement: 08-1549 Project Number: 0800000789 It is understood and agreed that CALTRANS,to the extent permitted by law,will fully defend, indemnify,and save harmless SANBAG and CITY and all of their officers and employees from all claims, suits, or actions of every name,kind,and description brought forth under,but not limited to,tortious,contractual, inverse condemnation,or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS under this agreement. 101. Neither CALTRANS nor SANBAG nor any officer or employee thereof is responsible for any injury,damage,or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction conferred upon CITY under this agreement. It is understood and agreed that CITY,to the extent,permitted by law,will fully defend, indemnify, and save harmless CALTRANS and SANBAG and all of its officers and employees from all claims, suits, or actions of every name,kind,and description brought forth under,but not limited to,tortious,contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this agreement. 102. Neither CALTRANS nor CITY nor any officer or employee thereof is responsible for any injury, damage,or liability occurring by reason of anything done or omitted to be done by SANBAG under or in connection with any work, authority,or jurisdiction conferred upon SANBAG under this agreement. It is understood and agreed that SANBAG,to the extent permitted by law,will fully defend, indemnify, and save harmless CALTRANS and CITY and all of its officers and employees from all claims, suits, or actions of every name,kind,and description brought forth under, but not limited to,tortious,contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by SANBAG under this agreement. 103. PARTNERS do not intend this Agreement to create a third party beneficiary or define duties, obligations,or rights in parties not signatory to this Agreement.PARTNERS do not intend this Agreement to affect their legal liability by imposing any standard of care for fulfilling OBLIGATIONS different from the standards imposed by law. 104. PARTNERS will not assign or attempt to assign OBLIGATIONS to parties not signatory to this Agreement. 105. PARTNERS will not interpret any ambiguity contained in this Agreement against each other.PARTNERS waive the provisions of California Civil Code section 1654. 106. A waiver of a PARTNER's performance under this Agreement will not constitute a continuous waiver of any other provision.An amendment made to any article or section of this Agreement does not constitute an amendment to or negate all other articles or sections of this Agreement. 107. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary. C13148 13 P62 Agreement: 08-1549 Project Number: 0800000789 108. If any PARTNER defaults in its OBLIGATIONS, a non-defaulting PARTNER will request in writing that the default be remedied within 30 calendar days. If the defaulting PARTNER fails to do so,the non-defaulting PARTNER may initiate dispute resolution. 109. PARTNERS will first attempt to resolve Agreement disputes at the PROJECT team level.If they cannot resolve the dispute themselves,the CALTRANS district director, the SANBAG executive officer,and the CITY executive officer will attempt to negotiate a resolution. If PARTNERS do not reach a resolution,PARTNERS' legal counsel will initiate mediation.PARTNERS agree to participate in mediation in good faith and will share equally in its costs. Neither the dispute nor the mediation process relieves PARTNERS from full and timely performance of OBLIGATIONS in accordance with the terms of this Agreement. However, if any PARTNER stops fulfilling OBLIGATIONS,any other PARTNER may seek equitable relief to ensure that OBLIGATIONS continue. Except for equitable relief,no PARTNER may file a civil complaint until after mediation,or 45 calendar days after filing the written mediation request,whichever occurs first. PARTNERS will file any civil complaints in the Superior Court of the county in which the CALTRANS district office signatory to this Agreement resides or in the Superior Court of the county in which PROJECT is physically located. The prevailing PARTNER will be entitled to an award of all costs,fees,and expenses, including reasonable attorney fees as a result of litigating a dispute under this Agreement or to enforce the provisions of this article including equitable relief. 110. PARTNERS maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. 111. If any provisions in this Agreement are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable,those provisions do not render any or all other Agreement provisions invalid, inoperative,or unenforceable,and those provisions will be automatically severed from this Agreement. 112. PARTNERS intend this Agreement to be their final expression and supersedes any oral understanding or writings pertaining to OBLIGATIONS. 113. If during performance of WORK additional activities or environmental documentation is necessary to keep PROJECT in environmental compliance, PARTNERS will amend this Agreement to include completion of those additional tasks. 114. Except as otherwise provided in the Agreement,PARTNERS will execute a formal written amendment if there are any changes to OBLIGATIONS. 115. Partners agree to sign a Cooperative Agreement Closure Statement to terminate this Agreement. However,all indemnification,document retention,audit, claims, C13148 14 P63 Agreement: 08-1549 Project Number: 0800000789 environmental commitment,legal challenge,maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement. 116. The following documents are attached to,and made an express part of this Agreement: SCOPE SUMMARY,FUNDING SUMMARY and SPENDING SUMMARY. C13148 15 P64 Agreement: 08-1549 Project Number: 0800000789 DEFINITIONS, ARRA—American Recovery and Reinvestment Act of 2009 CALTRANS—The California Department of Transportation CALTRANS STANDARDS—CALTRANS policies and procedures, including, but not limited to, the guidance provided in the Guide to Capital Project Delivery Workplan Standards(previously known as WBS Guide)available at http://www.dot.ca.gov/hq/projmgmt/guidance.htm. CEQA(California Environmental Quality Act)—The act(California Public Resources Code, sections 21000 et seq.)that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those significant impacts, if feasible. CFR(Code of Federal Regulations)—The general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government CONSTRUCTION CAPITAL—See PROJECT COMPONENT. CONSTRUCTION SUPPORT—See PROJECT COMPONENT. COOPERATIVE AGREEMENT CLOSURE STATEMENT—A document signed by PARTNERS that verifies the completion of all OBLIGATIONS included in this Agreement and in all amendments to this Agreement. FHWA—Federal Highway Administration FHWA STANDARDS—FHWA regulations,policies and procedures, including, but not limited to, the guidance provided at www.fhwa.dot.gov/topics.htm. FUNDING PARTNER—A PARTNER, designated in the FUNDING SUMMARY,that commits a defined dollar amount to fulfill OBLIGATIONS.Each FUNDING PARTNER accepts responsibility to provide the funds it commits in this Agreement. FUNDING SUMMARY—An executed document that lists the funding, billing, and payment commitments. Commitments include, but are not limited to, FUNDING PARTNER(S), fund source, fund type, payment method, invoice frequency, deposit amounts and PROJECT COMPONENT(S) in which funds are to be spent. Funds listed on the FUNDING SUMMARY are"not-to-exceed"amounts for each FUNDING PARTNER. GAAP(Generally Accepted Accounting Principles)—Uniform minimum standards and guidelines for financial accounting and reporting issued by the Federal Accounting Standards Advisory Board that serve to achieve some level of standardization. See http://www.fasab.gov/accepted.html. HM-1—Hazardous material(including, but not limited to, hazardous waste)that may require removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not. C13148 16 P65 Agreement: 08-1549 Project Number: 0800000789 HM-2—Hazardous material(including, but not limited to,hazardous waste)that may require removal and disposal pursuant to federal or state law only if disturbed by PROJECT. HM MANAGEMENT ACTIVITIES—Management activities related to either HM-1 or HM-2 including,without limitation,any necessary manifest requirements and disposal facility designations. IMPLEMENTING AGENCY—The PARTNER is responsible for managing the scope, cost,and schedule of a PROJECT COMPONENT to ensure the completion of that component. IQA(Independent Quality Assurance)—Ensuring that IMPLEMENTING AGENCY's quality assurance activities result in WORK being developed in accordance with the applicable standards and within an established Quality Management Plan(QMP). IQA does not include any work necessary to actually develop or deliver WORK or any validation by verifying or rechecking work performed by another PARTNER. NEPA(National Environmental Policy Act of 1969)—This federal act establishes a national policy for the environment and a process to disclose the adverse impacts of projects with a federal nexus. OBLIGATION COMPLETION—PARTNERS have fulfilled all OBLIGATIONS included in this Agreement,and all amendments to this Agreement, and have signed a COOPERATIVE AGREEMENT CLOSURE STATEMENT. OBLIGATIONS—All responsibilities included in this Agreement. OMB (Office of Management and Budget)—This federal office oversees the preparation of the federal budget and supervises its administration in Executive Branch agencies. PARTNER—Any individual signatory party to this Agreement. PARTNERS—The term that collectively references all of the signatory agencies to this Agreement.This term only describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one PARTNER's individual actions legally bind the other PARTNER. PROJECT COMPONENT—A distinct portion of the planning and project development process of a capital project as outlined in California Government Code, section 14529(b). • PID(Project Initiation Document)—The activities required to deliver the project initiation document for PROJECT. • PA&ED(Project Approval and Environmental Document)—The activities required to deliver the project approval and environmental documentation for PROJECT. • PS&E (Plans,Specifications, and Estimate)—The activities required to deliver the plans, specifications, and estimate for PROJECT. • R/W(Right of Way)SUPPORT—The activities required to obtain all property interests for PROJECT. • R/W(Right of Way)CAPITAL—The funds for acquisition of property rights for PROJECT. C13148 17 P66 Agreement: 08-1549 Project Number: 0800000789 • CONSTRUCTION SUPPORT—The activities required for the administration, acceptance, and fmal documentation of the construction contract for PROJECT. • CONSTRUCTION CAPITAL—The funds for the construction contract. PROJECT MANAGEMENT PLAN—A group of documents used to guide a project's execution and control throughout that project's lifecycle. QMP(Quality Management Plan)—An integral part of the PROJECT MANAGEMENT PLAN that describes IMPLEMENTING AGENCY's quality policy and how it will be used. QC/QAP(QUALITY CONTROL/QUALITY ASSURANCE PROGRAM)—Per NEPA assignment,Caltrans will review all environmental documents as described in the Jay Norvell Memos dated October 1, 2012 (available at http://www.dot.ca.gov/ser/mcmos.htm#LinkTarget_705)).This also includes the independent judgment analysis and determination under CEQA that the environmental documentation meets CEQA Statute and Guideline requirements. RESIDENT ENGINEER—A civil engineer licensed in the State of California who is responsible for construction contract administration activities. Said engineer must be independent of the design engineering company and the construction contractor. SCOPE SUMMARY—The attachment in which each PARTNER designates its commitment to specific scope activities within each PROJECT COMPONENT as outlined by the Guide to Capital Project Delivery Workplan Standards(previously known as WBS Guide)available at http://www.dot.ca.gov/hq/projmgmt/guidance.htm. SHS(State Highway System)—All highways, right of way,and related facilities acquired, laid out,constructed, improved, or maintained as a state highway pursuant to constitutional or legislative authorization. SPENDING SUMMARY—A table, located within the FUNDING SUMMARY,which is used when a PARTNER who is not the IMPLEMENTING AGENCY is to perform specific WORK towards PROJECT. The SPENDING SUMMARY displays cost amounts that are fixed and not to be exceeded. SPONSOR—Any PARTNER that accepts the responsibility to establish scope of PROJECT and the obligation to secure financial resources to fund PROJECT. SPONSOR is responsible for adjusting the PROJECT scope to match committed funds or securing additional funds to fully fund the PROJECT scope. If a PROJECT has more than one SPONSOR, funding adjustments will be made by percentage(as outlined in Responsibilities). Scope adjustments must be developed through the project development process and must be approved by CALTRANS as the owner/operator of the SHS. DFM—(Department Furnished Material)—Any materials or equipment supplied by CALTRANS. WORK—All scope activities included in this Agreement. C13148 18 P67 Agreement: 08-1549 • Project Number: 0800000789 CONTACT INFORMATION The information provided below indicates the primary contact information for each PARTNER to this Agreement.PARTNERS will notify each other in writing of any personnel or location changes.Contact information changes do not require an amendment to this Agreement. The primary Agreement contact person for CALTRANS is: Manuel Farias,Program/Project Management Office Chief 464 W.4th Street, 6th Floor,MS 1229 San Bernardino,California 92401-1400 Office Phone: (909) 388-7189 Email:manuel_farias@dot.ca.gov The primary Agreement contact person for SANBAG is: Garry Cohoe, Project Delivery Director 1170 W. 3rd Street, 2nd Floor San Bernardino,California 92410-1715 Office Phone: (909) 884-8276 Email: Garry@sanbag.ca.gov The primary agreement contact person for CITY is: Jason Welday,Traffic Engineer 10500 Civic Center Drive Rancho Cucamonga,California 92730 Office Phone: (909)477-2740 Email:Jason.Welday @City of RC.us C13148 19 P68 Agreement: 08-1549 Project Number: 0800000789 SIGNATURES PARTNERS declare that: 1. Each PARTNER is an authorized legal entity under California state law. 2. Each PARTNER has the authority to enter into this Agreement. 3. The people signing this Agreement have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA SAN BERNARDINO COUNTY DEPARTMENT OF TRANSPORTATION ASSOCIATION OF GOVERNMENTS, a Council of Governments,acting in its APPROVED capacity as the San Bernardino County Transportation Commission By: APPROVED Basem E.Muallem,P.E. District Director By: Raymond W. Wolfe,PhD CERTIFIED AS TO FUNDS: Executive Director By: APPROVED AS TO FORM Lisa Pacheco Budget Manager By: Eileen Monaghan Teichert General Counsel CONCURRENCE By: Jeffery Hill Contract Administrator CITY OF RANCHO CUCAMONGA By: L.Dennis Michael Mayor Attest: Janice C.Reynolds City Clerk C13148 20 AGENDA ITEM 113 Agreement: 08-1549 October 2,2013—City Council Meeting—ITEM M3.-P69(21) Project Number: 0800000789 Approval d a revised Cooperative Agreement with m Calif ulwnia Depalimenl of Transportation(canrans) and the San Bernardino Courtly Associated Governments(SANBAG)(CalLans Agreement No.08-1549: COO 13-169)assigning responsibilities for the construNOn support and construction capital components of the Interstate IS at Base Line Road Interchange Improvement Project SCOPE SUMMARY C 4 co 0 Y q Q O h CD r- CO 2 S m a Q 2 U 2 8 u y 3 265 Awarded and Approved Construction Contract X 50 Contract Ready for Advertising X 55 Advertised Contract X 60 Bids Opened X 65 Contract Award X 70 Executed and Approved Contract X 75 Independent Assurance X 5 270 Construction Engineering and General Contract X Administration 10 Construction Staking Package and Control - X 10 Construction Staking Package X 20 Project Control for Construction X 15 Construction Stakes X 15 Slope Stakes X 25 Rough Grade Stakes X 30 Final Grade Stakes X 35 Drainage and Minor Structure Stakes X 50 Miscellaneous Stakes X 55 Photogrammetric Product for Construction X 60 Ground Stakes for Major Structure X 65 Superstructure Stakes for Major Structure X 20 Construction Engineering Work X 05 Resident Engineer's File Review X 10 Project Plans, Special Provisions, and Estimate X Review 15 Contract Pay Quantities X 20 Lines and Grades Control X 25 Contractors' Falsework Submittals Review X 30 Contractors'Trenching and Shoring Submittals X Review 35 Shop Plans Review X 40 Cost Reduction Incentive Proposals Review X 45 Contractors'Water Pollution Control Program X Review 50 Technical Support X 99 Other Construction Engineering Products X 25 Construction Contract Administration Work X 05 Secured Lease for Resident Engineer Office Space X or Trailer _ 10 Set Up Construction Project Files _ X C13148 21 P69 Agreement: 08-1549 Project Number: 0800000789 SCOPE SUMMARY p zza 0 o. J z v z V 3 265 Awarded and Approved Construction Contract X 50 Contract Ready for Advertising X 55 Advertised Contract X 60 Bids Opened X 65 Contract Award X 70 Executed and Approved Contract X 75 Independent Assurance X 5 270 Construction Engineering and General Contract X Administration 10 _ Construction Staking Package and Control X 10 Construction Staking Package X 20 Project Control for Construction X 15 Construction Stakes X 15 Slope Stakes X 25 Rough Grade Stakes X 30 Final Grade Stakes X 35 Drainage and Minor Structure Stakes X _ 50 Miscellaneous Stakes X _ 55 Photogrammetric Product for Construction X _ 60 Ground Stakes for Major Structure X 65 Superstructure Stakes for Major Structure X 20 Construction Engineering Work X 05 Resident Engineer's File Review X 10 Project Plans,Special Provisions,and Estimate X Review 15 Contract Pay Quantities X 20 Lines and Grades Control X 25 Contractors'Falsework Submittals Review X 30 Contractors'Trenching and Shoring Submittals X Review 35 Shop Plans Review X 40 Cost Reduction Incentive Proposals Review X 45 Contractors'Water Pollution Control Program X Review 50 Technical Support X 99 Other Construction Engineering Products X 25 Construction Contract Administration Work X 05 Secured Lease for Resident Engineer Office Space X or Trailer 10 Set Up Construction Project Files X 15 Pre-Construction Meeting X C13148 21 AGENDA ITEM M3 October 2,2013-City Council Meeting-ITEM M3.-P69(21) Agreement: 08-1549 Approval of a revised Cooperative Agreement with the California Department of Transportation(Caltrans) and the San Bernardino County Associated Governments(SANBAG)ICatrans Agreement No.084508; 11 Number:umber: 00000070 COX 13-169)assigning responsibilities for the construction support and construction caplet components C 1`1 U O Ol of the Interstate IS at Base Line Road Interchange Improvement Project 15 Pre-Construction Meeting X 20 Progress Pay Estimates X 25 Weekly Statement of Working Days X _ -Eonstruction-ProjecHffites-anrteeneral Field Office- - - - - - - -Clerical Work - 35 Labor Compliance Activities X 40 Approved Subcontractor Substitutions X 45 Coordination X 50 Civil Rights Contract Compliance X gg Other Construction Contract Administration X Products 30 Contract Item Work Inspection X 05 Photographed Jobsite and Contractors'Operations X 10 Inspection of Contractors'Work for Compliance X 15 Contractors'Operations Relative to Safety X Requirements Documentation 20 Daily Diary of Contract Operations X 25 Punch List X 35 Construction Material Sampling and Testing X 05 Materials Sampling and Testing for Quality X Assurance 10 Plant Inspection for Quality Assurance X 15 Independent Assurance Sampling and Testing X 20 Source Inspection X 40 Safety and Maintenance Reviews X 45 Relief From Maintenance Process X 55 Final Inspection and Acceptance Recommendation X 60 Plant Establishment Administration X 65 Transportation Management Plan Implementation X During Construction NOTE:This WBS element is address in the text of 75 this cooperative agreement. Resource Agency X Permit Renewal and Extension Requests 80 Long-Term Environmental Mitigation/Mitigation X Monitoring During Construction Contract Other Construction Engineering and General X 99 Contract Administration 5 275 Construction Engineering and General Contract X Administration of Structures Work 10 Office Administration Work for Structures X 20 Field Administration Work for Structures X 30 Contract Change Order Inspection for Structures X Work 40 Safety Tasks for Structures Work X 5 285 Contract Change Order Administration - X 05 Contract Change Order Process X X 05 Need for Contract Change Order Determination X 10 Draft Contract Change Order X 15 Contract Change Order Approval X 20 Payments for Contract Change Order Work X 10 Functional Support X 05 Field Surveys for Contract Change Order X C13148 22 P7O Agreement: 08-1549 Project Number: 0800000789 20 Progress Pay Estimates X 25 Weekly Statement of Working Days X 30 Construction Project Files and General Field Office X Clerical Work 35 Labor Compliance Activities X 40 Approved Subcontractor Substitutions X 45 Coordination X 50 Civil Rights Contract Compliance X Other Construction Contract Administration X , Products 30 Contract Item Work Inspection X 05 Photographed Jobsite and Contractors'Operations X 10 Inspection of Contractors'Work for Compliance X _ 15 Contractors'Operations Relative to Safety X Requirements Documentation 20 Daily Diary of Contract Operations X 25 Punch List X 35 Construction Material Sampling and Testing X _ 05 Materials Sampling and Testing for Quality X Assurance 10 Plant Inspection for Quality Assurance X 15 Independent Assurance Sampling and Testing X 20 Source Inspection X 40 Safety and Maintenance Reviews X 45 Relief From Maintenance Process X 55 Final Inspection and Acceptance Recommendation X 60 Plant Establishment Administration X 65 Transportation Management Plan Implementation X During Construction NOTE:This WBS element is address in the text of 75 this cooperative agreement. Resource Agency X Permit Renewal and Extension Requests Long-Term Environmental Mitigation/Mitigation X 80 Monitoring During Construction Contract 99 Other Construction Engineering and General X Contract Administration 5 275 Construction Engineering and General Contract X Administration of Structures Work 10 Office Administration Work for Structures X 20 Field Administration Work for Structures X 30 Contract Change Order Inspection for Structures X Work 40 Safety Tasks for Structures Work X 5 285 Contract Change Order Administration X 05 Contract Change Order Process X X 05 Need for Contract Change Order Determination X 10 Draft Contract Change Order X 15 Contract Change Order Approval X 20 Payments for Contract Change Order Work X 10 Functional Support X 05 Field Surveys for Contract Change Order X 10 Staking for Contract Change Order X C13148 22 AGENDA ITEM M3 October 2,2013-City Council Meeting-ITEM M3.-P69(21) Approval el a revised Cooperative Agreement with lee California Department of Transportation(CaArans) Agreement: 08-1549 and the San Bernardino County Associated Governments(SANBAG)(Gardens Agreement No.08-1549. COY 13-169)assigning responsibilities for the construction support and construction capital components Project Number: 0800000789 of fee Interstate 15 al Base Line Hoed Interchange Improvement Project 10 Staking for Contract Change Order X 15 Other Functional Support X 5 290 Resolve Contract Claims X 057 _ A narls ofNotices of PotentlajClaims 10 Supporting Documentation and Responses to - X Notices of Potential Claims 15 Reviewed and Approved Claim Report X 20 District Claim Meeting or Board of Review X 25 Arbitration Hearing X 30 Negotiated Claim Settlement X 35 Technical Support X 5 295 Accept Contract, Prepare Final Construction X Estimate, and Final Report - 05 Processed Estimate After Acceptance X 10 Proposed Final Contract Estimate X 15 As-Built Plans X 20 Project History File X 25 Final Report X 30 Processed Final Estimate X 35 Certificate of Environmental Compliance X 40 Long Term Environmental Mitigation/Mitigation X Monitoring After Construction Contract Acceptance 45 Post-Construction Traffic Operations Activities X 05 Speed Survey Records X 05 Speed Survey X 10 Signed Speed Survey X 10 Commission TMS Elements X 99 Other Accept Contract/Prepare Final Construction X Estimate and Final Report 4 300 FINAL RIGHT OF WAY ENGINEERING X 05 Right of Way Monumentation X 05 Right of Way Monumentation Survey X 10 Filed Monumentation Record of Survey X 10 Trial Exhibits and Testimony X 25 Relinquishment and Vacation Maps X 30 Deed Package for Excess Land Transactions X 35 Right of Way Record Map , X C13148 23 P71 Agreement: 08-1549 Project Number: 0800000789 15 Other Functional Support X 5 290 Resolve Contract Claims X 05 Analysis of Notices of Potential Claims X 10 Supporting Documentation and Responses to X Notices of Potential Claims 15 Reviewed and Approved Claim Report X 20 District Claim Meeting or Board of Review X 25 Arbitration Hearing X 30 Negotiated Claim Settlement X 35 Technical Support X 5 295 Accept Contract, Prepare Final Construction X Estimate,and Final Report 05 Processed Estimate After Acceptance X 10 Proposed Final Contract Estimate X 15 As-Built Plans X 20 Project History File X 25 Final Report X 30 Processed Final Estimate X 35 Certificate of Environmental Compliance X _ 40 Long Term Environmental Mitigation/Mitigation X Monitoring After Construction Contract Acceptance 45 Post-Construction Traffic Operations Activities X 05 Speed Survey Records X 05 Speed Survey X 10 Signed Speed Survey X 10 Commission TMS Elements X 99 Other Accept Contract/Prepare Final Construction X Estimate and Final Report 4 300 FINAL RIGHT OF WAY ENGINEERING X 05 Right of Way Monumentation X 05 Right of Way Monumentation Survey X 10 Filed Monumentation Record of Survey X 10 Trial Exhibits and Testimony X 25 Relinquishment and Vacation Maps X 30 Deed Package for Excess Land Transactions X 35 Right of Way Record Map X C13148 23 P72 FUNDING SUMMARY Number 1 Project Number: 0800000789 CALTRANS Agreement: 08-1549 Part I— FUNDING SUMMARY table Funding Funding CON CON Totals by Fund Source Partner Fund Type Capital Support Type IMPLEMENTING AGENCY SANBAG STATE CITY State&Local $1,000,000 $ 0 $1,000,000 Partnership Plan _ FEDERAL CITY DEMONSTRATION $3,599,600 $ 0 $3,599,600 Interstate FEDERAL CITY Maintenance $3,002,205 $ 0 $3,002,205 HR4818 LOCAL SANBAG Local $27,871,151 $8,091,213 _ $35,962,364 Totals by $35,472,956 $8,091,213 $43,564,169 Component This table represents full funding of each PROJECT COMPONENT in Agreement 08-1549. Part II— Spending Summary Funding Totals by Fund Source Fund Type Construction Capital Construction Support I yp e IMPLEMENTING AGAGENCY SANBAG Caltrans SANBAG Caltrans State&Local STATE Partnership Plan $1,000,000 $0 $0 $1,000,000 FEDERAL DEMONSTRATION $3,599,600 $0 $0 $3,599,600 Interstate Maintenance FEDERAL HR4818 $3,002,205 $0 $0 $3,002,205_ LOCAL Local _ $27,311,343 _ $515,808** _$8,091,213 $44,000* $35,962,364 Totals by Component $34,913,148 $515,808 $8,091,213 $44,000 $43,564,169 *Includes approving HMA JMF and concrete mixes to be paid to CALTRANS ** Department Furnished Materials to be paid to CALTRANS. Billing and payment details follow. 1 C13148 1 of P73 FUNDING SUMMARY Number 1 Project Number: 0800000789 CALTRANS Agreement: 08-1549 Part III—Billing and Payment Details Responsibilities • SANBAG is IMPLEMENTING AGENCY for CONSTRUCTION. Cost: CONSTRUCTION SUPPORT 1. Each PARTNER listed below will do work for CONSTRUCTION Support as described in the SCOPE SUMMARY of this Agreement: • SANBAG • CALTRANS . Therefore,based on the funding types displayed in the FUNDING SUMMARY table for this PROJECT COMPONENT: • CALTRANS may invoice SANBAG for HMA JMF and concrete mixes. PARTNERS will exchange funds for actual costs. CALTRANS will submit to SANBAG quarterly invoices for actual expenditures for approving the HMA JMF and concrete mixes. After PARTNERS agree that all WORK is complete for this PROJECT COMPONENT,PARTNER(S)will submit a final accounting for all OBLIGATIONS costs. Based on the final accounting,PARTNERS will refund or invoice as necessary in order to satisfy the financial commitments of this Agreement. Cost: CONSTRUCTION CAPITAL 2. SANBAG is the IMPLEMENTING AGENCY for CONSTRUCTION CAPITAL. Therefore, based on the funding types displayed in the FUNDING SUMMARY table for this PROJECT COMPONENT: C13148 2 of 4 P74 FUNDING SUMMARY Number 1 Project Number: 0800000789 CALTRANS Agreement: 08-1549 • CITY may invoice CALTRANS for Federal funds. • CITY may invoice CALTRANS-the Bond Fund Administrator,for SLPP funds. • SANBAG may invoice CITY. • CALTRANS may invoice SANBAG for Department Furnished Materials. PARTNERS will exchange funds for actual costs. SANBAG will submit to CITY monthly invoices for the prior month's expenditures. CITY will submit to CALTRANS monthly invoices for the prior month's expenditures for up to but not to exceed the amount of$1,000,000 for SLPP funds $3,302,205 for IMD funds and$3,599,600 for DEMO funds. CALTRANS will invoice SANBAG for the actual cost of any DFM as a CONSTRUCTION CAPITAL cost. After PARTNERS agree that all WORK is complete for this PROJECT COMPONENT,PARTNER(S)will submit a final accounting for all OBLIGATIONS costs. Based on the final accounting,PARTNERS will refund or invoice as necessary in order to satisfy the fmancial commitments of this Agreement. 3. SANBAG will enter into a separate agreement with CITY to secure the SLPP funds, the IMD funds and DEMO funds for PROJECT. C13148 3 of 5 . Y- p75 FUNDING SUMMARY Number 1 Project Number: 0800000789 CALTRANS Agreement: 08-1549 Part III— Signature Page STATE OF CALIFORNIA SAN BERNARDINO COUNTY DEPARTMENT OF TRANSPORTATION ASSOCIATION OF GOVERNMENTS,a Council of Governments, acting in its APPROVED capacity as the San Bernardino County Transportation Commission By: APPROVED Basem E. Muallem,P.E. District Director By: Raymond W. Wolfe, PhD . Date Executive Director APPROVED AS TO FORM By: District Budget Manager By: Eileen Monaghan Teichert General Counsel By: CONCURRENCE HQ Accounting By: Jeffery Hill Contract Administrator CITY OF RANCHO CUCAMONGA By: L. Dennis Michael Mayor Attest: Janice C. Reynolds City Clerk C13148 4 of 4 P76 STAFF REPORT ENGINEERING SERVICES DEPARTMENT L _ Date: October 2, 2013 RANCHO To: Mayor and Members of the City Council CUCAMONGA John R.•Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jason C. Welday, Traffic EngineerC1" Subject: APPROVAL OF FREEWAY MAINTENANCE AGREEMENT WITH THE CALIFORNIA DEPARMENT OF TRANSPORTATION (CALTRANS) FOR ESTABLISHMENT OF MAINTENANCE RESPONSIBILITIES RELATED TO THE INTERSTATE 15 AT BASE LINE ROAD INTERCHANGE IMPROVEMENT PROJECT RECOMMENDATION It is recommended that the City Council approve the attached Freeway Maintenance Agreement and authorize the Mayor to sign the agreement. BACKGROUND/ANALYSIS On March 21, 1979, the City entered into a Freeway Maintenance Agreement with Caltrans for the Interstate 15 Freeway. Presented for consideration by the City Council is an updated Freeway Maintenance Agreement for the interchange of the 1-15 Freeway at Base Line Road. Execution of this updated agreement is required by Caltrans as part of the approval process for the 1-15 at Base Line Road Interchange Improvement Project. The updated agreement establishes control and maintenance responsibilities for the various roadway, structure, landscaping, and electrical improvements existing or being constructed at the I- 15 at Base Line Road interchange. In general, the updated agreement is similar to the existing Freeway Maintenance Agreement with respect the division of responsibilities, but is more comprehensive in the categories of improvements listed. It should be noted that the landscaping improvements are covered more fully in the Landscape Maintenance Agreement approved by the City Council on May 1, 2013. As well, the electrical improvements will be covered more fully in an Electrical Maintenance Agreement that will be presented to the City Council in the near future. Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer Attachments: Freeway Maintenance Agreement P77 July 26,2013 add identification number or description FREEWAYMAINTENANCE AGREEMENT WITH CITY OF Rancho Cucamonga THIS AGREEMENT is made effective this day of , 20_, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Rancho Cucamonga ; hereinafter referred to as "CITY" and collectively referred to as "PARTIES". SECTION I RECITALS 1. WHEREAS, on March 4, 1998 a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Highway Interstate 15 ("I- 15")within the jurisdictional limits of the CITY of Rancho Cucamonga as a freeway; and 2. WHEREAS, recent adjustments to said freeway have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to clarify and revise the division of maintenance, as defined in section 27 of the California Streets and Highways Code, and their respective responsibilities as to separation structures and local CITY streets and roads, or portions thereof, and landscaped areas lying within or outside those modified freeway limits; and 3. WHEREAS, pursuant to Section 6 of the above March 4, 1998 Freeway Agreement, CITY has resumed or will resume control and maintenance over each of the affected relocated or reconstructed CITY streets, except for those portions adopted as a part of the freeway proper. NOW THEREFORE IT IS AGREED: SECTION II AGREEMENT 4. CITY agrees to continue their control and maintenance including costs associated with maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that plan map attached hereto, marked Exhibit A, and made a part hereof by this reference. 5. STATE agrees to continue control and maintenance including costs associated with maintenance of those portions adopted as a part of I-15 Freeway proper as shown Exhibit A. 6. The PARTIES agree to share the maintenance responsibilities on individual infrastructure items as provided herein below. 1 P78 July 26,2013 add identification number or description 7. When another planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described which will affect the PARTIES' division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit A which will thereafter supersede the attached original Exhibit A and become part of this Agreement. 8. CITY and STATE agree to accept their then respective operational and maintenance responsibilities and related associated costs thereof in the event jurisdictional boundaries of the PARTIES should change and Exhibit A is amended to reflect those changes. 9. CITY must obtain the necessary Encroachment Permits from STATE's District 8 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY. 10. VEHICULAR AND PEDESTRIAN OVERCROSSINGS 10.1. STATE will maintain, at STATE expense, the entire structure of any STATE constructed vehicular and pedestrian overcrossings of I-15 below the deck surface except as hereinafter provided. 10.2. CITY will maintain, at CITY expense,the deck and/or surfacing and structural drainage system (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required for the benefit or control of traffic using that overcrossing. 10.3. At such locations as shall be determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed as directed by section 92.6 of the Streets and Highways Code. All screens installed under this program will be maintained by STATE, at STATE expense. 11. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS 11.1. STATE will maintain the structure proper of all STATE-constructed vehicular and pedestrian undercrossings of STATE freeways while the roadway sections, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lighting installations and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing will be maintained by CITY 11.2. CITY will request STATE's District Encroachment Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between the traveled way portion of the under roadway surface and the Structure that results from modifications to the under roadway (except when said modifications are made by theSTATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the 2 P79 July 26,2013 add identification number or description clearance reduction must be provided to STATE's Transportation Permit Engineer prior to starting work. Upon completion of that work, a clearance diagram will be furnished to STATE's Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way. 12. WALLS AND COLUMNS — Responsibility for debris removal, cleaning, and painting to keep CITY's side of any wall structure or column, located on southbound off-ramp at I-15 and Base Line Road, free of debris, dirt, and graffiti shall not lie with STATE. 13. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES - Responsibility for the maintenance of any plantings or other types of roadside development lying outside of the fenced right of way area reserved for exclusive freeway use shall not lie with the STATE. 14. INTERCHANGE OPERATON - It is STATE's responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads. 15. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES 15.1. The cost of installation, operation, maintenance, repairs, replacement and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices placed at interchanges of I-15 Freeway and CITY streets and roads and at ramp connections or I-15_ and CITY facilities shall be shared by the PARTIES separate "Shared Cost Electrical Agreement" willbe executed in the future allocating these costs between the PARTIES. 15.2. Timing of traffic signals, which shall be coordinated with CITY to the extent that no conflict is created with freeway operations, shall be the sole responsibility of STATE. 16. BICYCLE PATHS - Except for bicycle paths constructed as permitted encroachments within STATE's right of way for which the permittee is solely responsible for all path improvements, STATE will maintain, at STATE expense, all fences, guard railing, drainage facilities, slope and structural adequacy of any bicycle path located and constructed within STATE's right of way. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the path by providing sweeping and debris removal when necessary; and all signing and striping and pavement markings required for the direction and operation of that non-motorized facility. 17. LEGAL RELATIONS AND RESPONSIBILITIES 17.1.Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law. 3 P80 July 26,2013 add identification number or description 17.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 17.3.Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 18. PREVAILING WAGES: 18.1. Labor Code Compliance- If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements. 18.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts 19. INSURANCE - CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability .and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of$1 million per occurrence and $2 million in aggregate. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 19.1. SELF-INSURED - CITY is self insured. CITY agrees to deliver evidence of self- insured coverage in a form satisfactory to STATE, along with a signed copy of the Agreement. 4 P81 July 26,2013 add identification number or description 19.2. SELF-INSURED using Contractor - If the work performed under this Agreement is done by CITY's's contractor(s), CITY shall require its contractor(s)to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of$1 million per occurrence and $2 million in aggregate. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE and shall be delivered to the STATE with a signed copy of this Agreement. 20. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 21. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. Signatures are on the following page. 5 P82 July 26,2013 add identification number or description IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written. THE CITY OF Rancho Cucamonga STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: MALCOLM DOUGHERTY L. Dennis Michael Mayor Director of Transportation ATTEST: By: By: Janice C. Reynolds CITY Clerk Deputy District Director Maintenance District As to Form and Procedure: By: By: James L. Markman CITY Attorney Legal Attorney Department of Transportation i 6 • P83 July 26,2013 add identification number or description EXHIBIT "A" DELEGATION OF MAINTENANCE (Plan map showing I-15 Freeway proper and CITY road/facilities), 7 P84 ,n-- 0 -or.-, O w w CO • N r a a I �� I 0 D COM Oa = I w (-Di- . : �w ¢ I i z° wa b < '-.i ;17:t.x �?� - III ?¢ r 0 _1 1, NZ I—Q Cr a rMa U '—I1— zZ �, �' ww� m J� mm --�y z II Nom =� a� N II Z X m \ h L.,.-1 pN� WI �Q �... \ q Iris �>i z <!_, a ii N v ry UJ U3} !w J a il`\ \ �\ J J�U .. O .• a ♦\ �� w a w s a a a In \\ fib, , ® 1- a r a a a a \\ S`b CD r 0 J a \ \ 2M ZU \ \ \\ N. Z N. A A 2 U N. vV IL f •-----111 AI*It / ///// 1 _ Av\9 env 1Sy3 \\1 � �" � �`\ any !SV3 • \Iiiiiimisir . #;;;•---1.1111 1-. \ 00 r r%/�I , \I 11,..:.............. Al ZU ::\ r \ \ . `\ \ \,,, a 0 a ;11 00 U 2m z \ Ua `11.,\ 20m \` \I Qo ` Ua \\ 1 KU ZU aD 2U ■ I I • 1 \ • II x 1 I, 1i, P85 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Date: October 2, 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: Jason C. Welday, Traffic Engineer G-J Subject: APPROVAL OF AMENDMENT NO. 1 TO ADVANCE EXPENDITURE AGREEMENT NO. C13030 (CO13-118) AND AMENDMENT NO. 1 TO CONSTRUCTION COOPERATIVE AGREEMENT NO. R13028 (CO13-119) WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SANBAG) FOR CONSTRUCTION PHASE PROJECT MANAGEMENT OF THE INTERSTATE 15 AT BASE LINE ROAD INTERCHANGE IMPROVEMENT PROJECT RECOMMENDATION It is recommended that the City Council: 1. Approve Amendment No. 1 to Advance Expenditure Agreement No. C13030 (CO13-118) with SANBAG and authorize the Mayor to sign the amendment; and 2. Approve Amendment No. 1 to Construction Cooperative Agreement No. R13028 (CO13- 119) with SANBAG and authorize the Mayor to sign the amendment. BACKGROUND/ANALYSIS On June 5, 2013, the City Council approved Advance Expenditure Agreement No. C13030 (C013- 118) and Construction Cooperative Agreement No. R13028 (CO13-119) with SANBAG for the Interstate 15 at Base Line Road Interchange Improvement Project (project). These agreements assigned the roles and responsibilities for the construction phase of the project and allowed for advanced funding of the project by the City with reimbursement of eligible expenses by SANBAG at a later date. Amendment No. 1 to the Advanced Expenditure Agreement is presented for consideration of the City Council. This amendment will replace Attachment A of the approved agreement with Attachment A.1. Attachment A.1 incorporates updated project costs for the construction and construction management tasks based on the latest cost estimates provided by the City's design consultant and SANBAG. As well, the exhibit has been reformatted for clarity. Also presented for consideration by the City Council is Amendment No. 1 to the Construction Cooperative Agreement. Amendment No. 1 addresses three revisions to the approved agreement. First, Attachment A of the agreement will be replaced with Attachment A.1 which has been reformatted for clarity and updated to incorporate the latest construction and construction management cost estimates. Second, the amendment will revise the requirements for the City's deposits into the project's construction escrow account. An initial deposit in an amount of $18,581,500 will be made prior to SANBAG advertising for bids. A second deposit will be made within four months of award of a construction contract by SANBAG and will be based on the amount of the contract award. The amount of the second deposit is currently estimated to be $17,187,500. P86 CITY COUNCIL STAFF REPORT RE: AMENDMENT No. 1 —COOPERATIVE AGREEMENT OCTOBER 2, 2013 PAGE 2 Finally, the agreement will be revised to assign to the City the responsibility to seek reimbursement of State and federal funds from the State of California. This revision is necessary due to requirements of the State Local Partnership Program and Caltrans procedures for obligating State and federal funds for the project. Respectfully submitted, Mark A . e Director of Engineering Services/City Engineer MAS/JCW:Is Attachments: Amendment No. 1 to Advance Expenditure Agreement No. C13030 Amendment No. 1 to Construction Cooperative Agreement No. R13028 P87 CONSTRUCTION COOPERATIVE AGREEMENT NO. R13028 AMENDMENT NO. 1 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF RANCHO CUCAMONGA FOR INTERSTATE 15 BASE LINE ROAD INTERCHANGE IMPROVEMENTS IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA This Amendment No. 1 ("AMENDMENT") to Construction Cooperative Agreement No. R13028 is made and entered into by and between the San Bernardino County Transportation Authority (hereinafter referred to as "AUTHORITY") and the CITY of Rancho Cucamonga (hereinafter referred to as "CITY"). (AUTHORITY and CITY are each a "Party" and collectively "Parties"). The Effective Date of this AMENDMENT shall be the date upon which AUTHORITY executes this AMENDMENT. RECITALS A. The Parties entered into Construction Cooperative Agreement No. R13028 (AGREEMENT) in June 5, 2013, setting forth the roles and responsibilities of the Parties for the construction of the Interstate 15 (I-15) Base Line Road Interchange Improvements. B. The Parties have identified additional project costs and funding sources and desire to revise the funding plan in the AGREEMENT. C. CITY is to seek reimbursement for State Local Partnership Program funds from the State of California as a funding source. D. CITY is to seek reimbursement for federal Interstate Maintenance Discretionary Program funds and federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Demonstration funds from the State of California as a funding source. E. The Parties also desire to revise the timing and amounts of CITY funding share deposits CITY is to make into an escrow account under the AGREEMENT. R13028-01 Page 1 of 5 TN89212000 P88 NOW THEREFORE, in consideration of the terms and conditions set forth herein, CITY and AUTHORITY agree as follows: 1. The AGREEMENT is amended in the following particulars: a. Add new Paragraph 16 to Section I (AUTHORITY RESPONSIBILITIES) as follows: "16. To provide sufficient invoice documentation to CITY for submission to the State of California for reimbursement of the $1,000,000 of competitive Proposition 1B State Local Partnership Program funds and $6,602,000 of federal funds awarded to the CITY." b. Delete Paragraph 2 of Section II (CITY RESPONSIBILITIES) and replace it with the following: "2. To reimburse AUTHORITY up to $100,000 for preconstruction services to be performed by the selected construction management firm; to enter into a joint escrow account with AUTHORITY pursuant to an escrow agreement; to deposit $18,581,500 into said escrow account, prior to advertisement of the PROJECT construction contract; and to deposit into the escrow account the remaining advancement amount of PROJECT funds as shown in Attachment A based upon the actual amount of the construction contract award plus the other components of"Total Construction Costs" set forth in Attachment A, within four months following award of a construction contract, and as further described below in Section III." c. Add new Paragraph 10 and 11 to Section II (CITY RESPONSIBILITIES) as follows: "10. To invoice the State of California for reimbursement of the $1,000,000 of competitive Proposition 1B State Local Partnership Program funds awarded to the CITY. Within thirty days of receiving a reimbursement from the State of California, the CITY shall replenish the escrow account with amount of funds equal to the amount reimbursed by the State of California. Additionally, the CITY shall deposit at least $1,000,000 of Developer Impact Fees, as part of CITY's first deposit, totaling $18,581,500 into the escrow account to satisfy the local developer impact fee match requirements for the competitive Proposition 1B State Local Partnership Program funds awarded to the CITY." "11. To invoice the State of California for reimbursement of the $6,602,000 of federal funds, including both Interstate Maintenance Discretionary Program funds and SAFETEA-LU Demonstration funds, awarded to the CITY. Within thirty days of receiving a reimbursement from the State of California, the CITY shall replenish the escrow account with amount of funds equal to the amount reimbursed by the State of California." R13028-01 Page 2 of 5 TN89212000 P89 d. Delete Attachment A to the AGREEMENT, and replace it with Attachment A.1 "Project Costs and Funding Table for the Construction Phase"that is attached to and incorporated into this AMENDMENT." 2. The Recitals are incorporated into this AMENDMENT. 3. All other terms and conditions of the AGREEMENT remain the same and are incorporated into this AMENDMENT. SIGNATURES ON FOLLOWING PAGE: R13028-01 Page 3 of 5 TN89212000 P90 IN WITNESS WHEREOF, the Parties have executed this AMENDMENT below. San Bernardino County City of Rancho Cucamonga Transportation Authority By: By: W.E. Jahn, President L. Dennis Michael, Mayor City of Rancho Cucamonga Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Eileen Monaghan Teichert James Markman AUTHORITY General Counsel City Attorney Date: Date: CONCURRENCE: ATTEST: By: By: Jeffery Hill Janice C. Reynolds Contract Administrator City Clerk R13028-01 Page 4 of 5 TN89212000 P91 Construction Cooperative Agreement No. R13028,Amendment No. 1 Attachment A.1 Project Costs and Funding Table for the Construction Phase 1-15 Base Line Road Interchange PROJECT CONSTRUCTION Costs&Funding City,State,and Federal Authority Construction Component Cost Participation Participation* Const. Management' $7,398,000 $7,398,000 $0 Const.Capital2 $34,579,000 $34,579,000 $0 Utility Costs3 $894,000 $894,000 $0 SANBAG Management&Oversight $600,000 $600,000 $0 Total Deposit $43,471,000 $43,471,000 $0 Construction Funding Funding Source Federal Funds for Construction $6,602,000 State Funds for Construction $1,000,000 City Funds for Pre Construction(direct payable to AUTHORITY) $100,000 City Funds for Construction(to be deposited into an escrow account prior to advertisement of construction contract) $18,581,500 Remaining Amount of Funds to be deposited into escrow account within four months of the construction contract being awarded/ $17,187,500. Total Deposit plus Federal,State,and preconstruction costs $43,471,000 • *AUTHORITY share and reimbursement for all phases of the project is addressed in AEA C13030-01. 1 Construction Management includes $250,000 for Source Inspection. 2 Construction Capital includes $44,000 for Caltrans Mix Design (HMA JMF and Concrete Mixes) and $515,808 for State Furnished Materials; and is based on the Engineer's Cost Estimate dated 7/10/13 totaling $31,474,346.00. 3Utility Costs includes $894,000 for CVWD and IEUA utility relocations to be funded by the City and reimbursed by the utility companies. 4 This amount will be"trued up"based upon the total construction contract awarded plus contingency, Caltrans Mix Design cost estimate, State Furnished Materials value, and State Furnished Materials. Page 5 of 5 P92 ADVANCE EXPENDITURE AGREEMENT NO. C13030 AMENDMENT NO. 1 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF RANCHO CUCAMONGA FOR INTERSTATE 15 BASE LINE ROAD INTERCHANGE IMPROVEMENTS IN THE CITIES OF RANCHO CUCAMONGA AND FONTANA This Advance Expenditure Agreement Amendment No. 1 ("AMENDMENT") is made and entered into by and between the San Bernardino County Transportation Authority (hereinafter referred to as "AUTHORITY") and the CITY of Rancho Cucamonga (hereinafter referred to as "CITY") for AUTHORITY's reimbursement of CITY expenditures on all phases of the Interstate 15 Base Line Road Interchange Improvement Project to include: Base Line Road and East Avenue widening, modification of the four diamond interchange ramps, and construction of the southbound loop on-ramp, highway planting, plant establishment, and extended plant maintenance. The Effective Date of this AMENDMENT shall be the date upon which AUTHORITY executes this AMENDMENT. RECITALS A. The Parties entered into Agreement No. C13030 (AGREEMENT) on June 5, 2013, said Agreement defining the terms and conditions for reimbursement of AUTHORITY's share of eligible PROJECT expenditures incurred after April 5, 2006, in accordance with Measure I 2010-2040 Strategic Plan Advanced Expenditure (AEA) Reimbursement Policy as adopted by AUTHORITY; and B. The Parties have identified additional PROJECT costs and desire to revise the PROJECT cost in the Agreement. NOW THEREFORE, in consideration of the mutual promises herein, the Parties agree as follows: 1. COOPERATIVE AGREEMENT NO. C13030 is amended in the following particulars: Page 1 of 4 P93 a. Delete Attachment A to the AGREEMENT, and replace it with Attachment A.1 "Interstate 15 Base Line Road Interchange Improvement Project: Project Scope, Cost, and Schedule", attached to and incorporated into this AMENDMENT. 2. The Recitals are incorporated into this AMENDMENT. 3. All other terms and conditions of the AGREEMENT shall remain the same and are incorporated into this AMENDMENT. IN WITNESS WHEREOF,the Parties have executed this AMENDMENT below. San Bernardino County City of Rancho Cucamonga Transportation Authority By: By: W.E. Jahn, President L. Dennis Michael, Mayor City of Rancho Cucamonga Date: Date: APPROVED AS TO FORM AND APPROVED AS TO FORM AND PROCEDURE: PROCEDURE: By: By: Eileen Monaghan Teichert James Markman AUTHORITY General Counsel CITY Attorney Date: Date: CONCURRENCE: ATTEST: By: By: Jeffery Hill, Janice C. Reynolds Contract Administrator City Clerk Page 2 of 4 P94 Attachment A.1 (Amendment 1) Interstate 15 Base Line Road Interchange Improvement Project: Project Scope, Cost, and Schedule Proposed Project Work: I-15 Base Line Road Interchange Improvement Project will include Base Line Road and East Avenue widening, modification of the four diamond interchange ramps, and construction of the southbound loop on-ramp, highway planting,plant establishment, and extended plant maintenance (PROJECT). Reimbursed work will cover expenses related to all phases of the aforementioned PROJECT subject to the Measure I 2010-2040 Strategic Plan Policy. Summary of Project Costs(Estimate)and Funding: Cost State Local Agency Incurred Federal Funds Share Authority Phase Total Cost after Earmarks Buy Down Remaining Balance City Share2 ($1,000) ($1,000) 4/5/2006 ($1,000) Funds ($1,000) of Rancho ($1,000) ($1,000) ($1,000) Cucamonga' Preconstruction PA/ED 1,178 1,000 752 248 124.0 124.0 PS&E 4,630 4,630 419 4,211 2,105.5 2,105.5 Right of Way 7,200 954 954 477.0 477.0 SCE Utility 475 475 475 237.5 237.5 Relocations Subtotal 13,483 7,059 1,171 5,888 2,944.0 2,944.0 Construction Const. 7,398 7,398 7,398 3,699.0 3,699.0 Management3 Const.Capital' 34,579 34,579 6,602 1,000 26,977 13,488.5 13,488.5 Utility Costss 894 894 894 894.0 SAN BAG Management& 600 600 600 600.0 Oversight Subtotal 43,471 43,471 6,602 1,000 35,869 18,681.5 17,187.5 Other costs Design Const. 693 693 693 346.5 346.5 Support Landscape 750 750 750 375.0 375.0 Maintenance Utility Company (894) (894) (894) (894.0) Reimbursements Subtotal 549 549 549 (172.5) 721.5 Total Project 57,503 51,079 7,773 1,000 42,306 21,453.0 20,853.0 Cost Footnotes are on next page. Page 3 of 4 P95 1 Local Share is 50% of Remaining Balance of eligible expenses: Rancho Cucamonga share is 66.6% of Local Share and the City of Fontana is 33.4%of Local Share. By separate agreement, the City of Rancho Cucamonga is responsible for collection of the City of Fontana share of costs for project expenses. 2 Authority Share is 50% of Remaining Balance, minus the $894,000 utility cost and SANBAG Management and Oversight which is 100% local share. 3 Construction Management includes $250,000 for Source Inspection and $100,000 of pre- construction services. 4 Construction Capital includes all items listed on the July 10, 2013, Engineer's Estimate prepared by AECOM except items related to SCE, CVWD, and IEUA relocations. Const. Capital also includes $44,000 for Caltrans Mix Design(HMA JMF and Concrete Mixes). 5 Utility Costs include items listed on the July 10, 2013 Engineer's Estimate prepared by AECOM related to CVWD and IEUA relocations. Costs for CVWD and IEUA are to be paid for entirely by the City. The City will be reimbursed by the respective utility companies. Proposed Proiect Schedule (milestone delivery dates): Estimated construction start date: December 2013 Estimated completion date: December 2015 Page 4 of 4 6; P96 � STAFF REPORT L_ ,ENGINEERING SERVICES DEPARTMENT Date: October 2, 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: Jason C. Welday, Traffic Engineerst.J Subject: APPROVAL OF AN ESCROW AGREEMENT WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SANBAG) AND COMMUNITY BANK RELATED TO THE DEPOSIT AND DISBURSEMENT OF FUNDS FOR CONSTRUCTION OF THE INTERSTATE 15 AT BASE LINE ROAD INTERCHANGE IMPROVEMENT PROJECT RECOMMENDATION It is recommended that the City Council approve the attached Escrow Agreement with SANBAG and Community Bank and authorize the Mayor to sign the agreement. BACKGROUND/ANALYSIS On June 5, 2013, the City Council approved Advance Expenditure Agreement No. C13030 (CO13- 118) and Construction Cooperative Agreement No. R13028 (CO13-119) with SANBAG for the Interstate 15 at Base Line Road Interchange Improvement Project (project). Among the roles and responsibilities outlined in these agreements was the establishment of an escrow account to receive and disburse funds for project related construction activities. The attached Escrow Agreement will establish an escrow account with Community Bank for the 1-15 at Base Line Road Interchange Project. Account deposits and withdrawals will be made in accordance with the Advance Expenditure Agreement, the Construction Cooperative Agreement and the attached Escrow Agreement along with any approved amendments. The City will make two initial deposits into the escrow account as described in Amendment No. 1 to the Construction Cooperative Agreement. Subsequent deposits will be made as State and federal funds are received the City, and upon approval of the City Council should the balance in the escrow account fall below the amount required to complete construction due to unforeseen conditions or additional work that is requested by either the City or the California Department of Transportation. Upon completion and final accounting of the project, funds remaining in the escrow account will be returned to the City by Community Bank. Respectfully submitted, Mark A. euer Director of Engineering Services/City Engineer MAS/JCW:Is Attachment: Escrow Agreement P97 CONTRACT NO. R13028-E By and Between San Bernardino County Transportation Authority and The City of Rancho Cucamonga and Community Bank for I-15 Base Line Interchange Project Escrow Agreement THIS ESCROW AGREEMENT (hereinafter "Escrow Agreement") is entered into by and between the City of Rancho Cucamonga ("CITY" or "Depositor"), and the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a public entity (hereinafter "Recipient" or "SANBAG") and COMMUNITY BANK ("Escrow Agent"). Depositor, Recipient and Escrow Agent are individually referred to herein as "Party" and collectively as "Parties." RECITALS WHEREAS, the Depositor and Recipient entered into that certain Construction Cooperative Agreement R13028 dated June 5, 2013, and amended on October 2, 2013, ("Construction Cooperative Agreement") for the purpose of constructing interchange improvements at Interstate 15 and Base Line Road in the City of Rancho Cucamonga("Project"), which Construction Cooperative Agreement is incorporated herein and made a part hereof; and WHEREAS, the Depositor and Recipient entered into that certain Advance Expenditure Agreement C13030 dated June 5, 2013, and amended on October 2, 2013, ("Advance Expenditure Agreement") which will allow CITY to use its own funds to begin the construction phase of Project in advance of the Measure I 2010-2040 Valley Freeway Interchange Program funds, with the understanding that Recipient will reimburse CITY at a later date for Recipient's share of eligible Project expenditures, which Advance Expenditure Agreement is incorporated herein and made a part hereof; and WHEREAS, pursuant to the terms of the Construction Cooperative Agreement and Advance Expenditure Agreement, the Depositor has agreed to fund a portion of Project capital and support costs; and WHEREAS, the Construction Cooperative Agreement requires the Depositor to deposit with the Escrow Agent a certain sum of funds ("Escrow Funds") representing the Depositor's share of construction support and capital costs plus all contingencies as defined in the Advance Expenditure Agreement in two separate deposits at the times and in the amounts defined in the Construction Cooperative Agreement; and WHEREAS, the Construction Cooperative Agreement requires the Depositor to deposit with the Escrow Agent additional Project funds identified in amendments to the Construction Cooperative Agreement R13028 resulting from cost increases for increased bid prices, change orders, or arising from unforeseen site conditions, including Utility relocation, and additional work requested by the City, within ten (10) days of execution of the amendment to the Construction Cooperative Agreement; and R13028-E R13028-E Exh.A Page 1 of 19 P98 WHEREAS, the Escrow Agent has agreed to accept, hold, and disburse the Escrow Funds in accordance with the terms of this Escrow Agreement; and WHEREAS, the Parties have entered into this Escrow Agreement to carry out certain requirements of the Construction Cooperative Agreement relating to the funding responsibility. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, for themselves, their successors and assigns, hereby agree as follows: 1. TERMS 1.1 Recitals. Depositor and Recipient agree that the recitals are true and correct. Escrow Agent shall have no obligation to know, interpret or (except as specifically required by this Escrow Agreement) enforce the terms of the Construction Cooperative Agreement or the Advance Expenditure Agreement. 1.2 Appointment of and Acceptance by Escrow Holder. Depositor and Recipient hereby appoint Escrow Agent to serve as escrow agent for the purpose of this Escrow Agreement. Escrow Agent hereby accepts such appointment and, upon receipt of the Escrow Funds, agrees to hold and disburse the Escrow Funds in accordance with the terms of this Escrow Agreement. 1.3 Creation of Escrow Account. The Escrow Agent hereby creates and establishes an escrow account ("Escrow Account") separate and apart from any other funds of the Depositor or the Recipient. The Escrow Agent agrees to administer the Escrow Funds deposited by Depositor and all earnings thereon solely for the purposes required or permitted by this Escrow Agreement. 1.4 Deposit of Escrow Funds. Depositor shall deposit the Escrow Funds into the Escrow Account in full to meet Recipient's payment obligations. The Escrow Funds shall be increased by Depositor to include such additional sums authorized by Depositor to pay for change orders approved by Depositor. Escrow Agent shall have no obligation to determine or ensure that sufficient funds are deposited for any purpose. Registered warrants and third party checks may not be deposited to the Escrow Account without Escrow Agent's express prior written consent. 1.5 Investment of Escrow Funds. The Escrow Agent shall deposit the Escrow Funds and all other funds received from Depositor in connection with this Escrow Agreement into the Escrow Account, which will be interest-bearing , paying an interest rate of 0.50% and an Annual Percentage Yield ("APY") of 0.50% on collected balances. The interest earned on the Escrow Funds in the Escrow Account shall be credited to the Escrow Account for the benefit of Depositor. Escrow Agent and Depositor may re- negotiate the interest rate on this Agreement at some future date during the term of this Agreement. Escrow Agent acknowledges and agrees that it is only serving as an escrow agent for Depositor and Recipient and that Escrow Agent does not have any interest, including any setoff or other such rights, in the Escrow Funds in this Escrow Account; however, Depositor and Recipient agree that Escrow Agent may chargeback the Escrow R13028-E R13028-E Exh.A Page 2 of 19 P99 Account for any item or other transaction deposited into the Escrow Account which is returned unpaid for any reason. 1.6 Request for Disbursement of Escrow Funds. Recipient shall be entitled to receive disbursements from the Escrow Funds only in the manner as set forth herein. In order to receive any disbursement from the Escrow Funds, the Recipient shall submit a written request on the form attached hereto as Exhibit A (the "Disbursement Request"). The Disbursement Request shall contain, at a minimum, the following information: (a) the date of the request, (b) the amount of funds requested, (c) the percentage of the Project completed for the period represented by the amount of the requested disbursement, (d).the total percentage of the Project completed from the commencement of the Project to the period represented by the amount of requested disbursement, (e) the Caltrans project number — 08-49710 (Interstate 15/Base Line Road), (f) the verification of the Recipient that it has prepared or reviewed the Disbursement Request, that the amount so requested is only for work performed on the Project, and that said amount represents the correct amount then due for the percentage of the Project completed for the period represented by the amount of the requested disbursement, (g) the amount to be paid to SANBAG and the amount to be retained from the contractor, and (h) the amount to be withheld from the contractor and retained by the Escrow Agent until authorized to be released to the contractor. The Recipient also shall attach all invoices from SANBAG; from the prime contractor for the construction work completed; from the construction manager and other miscellaneous procurements related to the project. Recipient shall submit each Disbursement Request and attachments to the Escrow Agent and Depositor concurrently. Escrow Agent is authorized to retain all funds instructed to be withheld from contractor in the Escrow Account. The Recipient is responsible for determining the method of disbursement (i.e. check issued, funds transfer by wire, etc.) and indicating such method on the Disbursement Request form (Exhibit A). In the event Depositor is requesting disbursement, as indicated within this Escrow Agreement, Depositor is also responsible for determining the method of disbursement and indicating such method on the Disbursement Request form (Exhibit A). 1.7 Disbursement of Escrow Funds. Escrow Agent is instructed to disburse amounts from the Escrow Account no later than the tenth (10) business day after it has received a Disbursement Request prepared and submitted by Recipient in accordance herewith unless Depositor submits a written objection to the Escrow Agent, at the Escrow Agent's address indicated in Section 3.2, as to any such Disbursement Request within said ten (10) day period provided that Depositor may only object on the basis that a Disbursement Request fails to comply with the elements of a Disbursement Request set forth in Paragraph 1.6. In the event Depositor objects to any Disbursement Request, Depositor shall provide a copy of its written objection by personal delivery or via U.S. Mail to Recipient and shall, concurrently therewith, authorize Escrow Agent to release all undisputed amounts to Recipient from the Escrow Account. 1.8 Limitation on Disbursement. Escrow Agent shall not be obligated to make disbursements which exceed the "collected" balance of Escrow Funds held by Escrow Agent in the Escrow Account under this Escrow Agreement. Depositor and Recipient covenant and agree to hand Escrow Agent any funds, instruments or information it may require to enable Escrow Agent to comply with this Escrow Agreement, and further agree that Escrow Agent is authorized to withhold any disbursement pending its receipt of such funds, instruments or information. R13028-E R13028-E Exh.A Page 3 of 19 P100 1.9 Records; Statements. Escrow Agent shall maintain complete and accurate records with respect to receipt and disbursement of Escrow Funds from the Escrow Account established pursuant to this Escrow Agreement. All such records shall be clearly identifiable. Escrow Agent shall allow an authorized representative of Depositor, Recipient or their respective representatives, upon being properly identified, during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant .to this Escrow Agreement. Escrow Agent shall maintain all data, documents and records related to this Escrow Agreement, Escrow Funds and Escrow Account and allow inspection of said materials for a period of seven (7) years from termination of this Escrow Agreement. Depositor and Recipient agree that Escrow Agent may retain all or a portion of the records in connection with this Escrow Agreement and the Escrow Account in an electronic format or by a Third Party Service Provider. Depositor and Recipient further agree that any records retained electronically or by a Third Party Service Provider will not be available for on-site copying by Depositor, Recipient, or their respective representatives. Depositor, Recipient, and their respective representatives agree to make requests to review, examine, audit, make transcripts or copies of records and any other documents created pursuant to this Escrow Agreement at a time and in a manner which affords Escrow Agent a reasonable opportunity to act upon such request. Escrow Agent shall provide monthly account statements by mail to Depositor and Recipient. Depositor authorizes Escrow Agent to provide a copy of the Escrow Account Statement to Recipient each month. 1.10 Lien of Escrow Funds. The Escrow Agent shall have no lien whatsoever upon the Escrow Funds or any interest, earnings or income related thereto ("Escrow Assets") in the Escrow Account except as provided in Section 1.12 below. Depositor agrees and authorizes Escrow Agent to debit the designated account held at Community Bank to pay all expenses of Escrow Agent for services rendered in connection with this Escrow Agreement. 1.11 Termination of Escrow. This Escrow Agreement and the obligations herein shall terminate upon delivery to the Escrow Agent of joint written instructions from Depositor and Recipient. Upon receipt of said notice, Escrow Agent shall disburse any remaining Escrow Assets to Depositor. If Escrow Agent has not received any written request for an extension, a notice of termination or received any disbursement request specified herein for the distribution of Escrow Funds within three (3) years of the date hereof, this Escrow Agreement shall automatically terminate and Escrow Agent shall transfer the Escrow Assets to Depositor. Except as provided in Section 1.9 above, Escrow Agent shall be discharged from any further duty or responsibility in connection with this Escrow Agreement upon its termination. 1.12 Suspension of Performance; Determination of Rights. Should there arise (i) any dispute between Depositor and Recipient with respect to the holding or disposition of all or any portion of the Escrow Funds; (ii) questions as to the construction of any of the provisions hereof or (iii) questions as to the obligations of Escrow Agent hereunder, the Escrow Agent may take one or more of the following actions: (a) Suspend the performance of any of its obligations (including without limitation any disbursement obligations) under this Escrow Agreement until such dispute or uncertainty shall be resolved to the sole satisfaction of Escrow Agent or R13028-E R13028-E Exh.A Page 4 of 19 P101 (b) Attempt to resolve any dispute or uncertainty through alternative dispute resolution, such as mediation or a settlement conference or (c) In the event the dispute or uncertainty is not resolved, Escrow Agent may petition (by means of a suit in interpleader or declaratory relief) any court of competent jurisdiction for instructions with respect to such dispute or uncertainty, and to the extent required or permitted by law, pay into such court, for holding and disposition in accordance with the instructions of such court, all Escrow Funds, after deduction and payment to Escrow Agent of all fees and expenses (including court costs and attorneys' fees) payable to, incurred by, or expected to be incurred by Escrow Agent in connection with the performance of its duties and the exercise of its rights hereunder. Escrow Agent shall have no liability to Depositor, Recipient, or any third party claiming by or under them as a result of Escrow Agent's suspension of performance or decision to petition any court of competent jurisdiction if the suspension of performance or decision to petition any court of competent jurisdiction was authorized in writing by the Recipient and Depositor. 1.13 Liability of Escrow Agent. The Parties acknowledge and agree that Escrow Agent shall not, in any manner or theory, be responsible nor liable for: (a) Document Validity. The sufficiency, evaluation, genuineness or validity of any document or writing deposited with it, nor for forms, terms, contents or execution, nor the identity, authority or rights of the party(s) therein; nor, (b) Forgery, Acts or Omissions, Mistake of Fact. Any liability or loss occurring by reason of: forgery or false representation; the exercise of Escrow Agent's discretion in any particular manner; any action taken or omitted by it in good faith and believed by it to be authorized within its rights and powers hereunder, or in accordance with advice of its counsel; nor for mistakes of fact or errors of judgment unless caused by its own willful misconduct or gross negligence; nor, (c) Completion. Liability or responsibility for real property acquisition or the satisfactory completion of the Project, nor the adequacy of Escrow Funds deposited for these purposes; nor, (d) Third Party Acts. Any liability that arises as a result of any act or omission by Depositor, Recipient, or third party(s); nor, (e) Taxes. For the determination, notice or payment of any tax assessed to, due from or payable by any party, including without limitation, withholding, income, personal property, corporate, business, sales, real estate, employer or license tax of any kind; nor, (f) Government Compliance. For the determination of whether the proposed Project satisfies or complies with governmental requirements, or will be constructed in accordance with certificates, permits, building inspections or other governmental consents and approvals; nor, (g) Toxic Substances. Any inquiry, investigation, determination or remediation of actual or potential existence, if any, of hazardous materials or toxic R13028-E R13028-E Exh.A Page 5 of 19 P102 substances on, in, under or about the Project or adjacent thereto, or which may be contained in construction materials and products; nor, (h) Excluded Acts. For any act, duty or obligation not expressly required of Escrow Agent by this Escrow Agreement, nor for liability based on any relationship other than that of an escrow agent; nor, (i) Miscellaneous Income Reporting. For the reporting of any miscellaneous income, including Form 1099MISC reporting, on behalf of or pertaining to any party under this Escrow Agreement including Depositor, Recipient and/or contractors as a result of disbursements made by the Escrow Agent to the party(ies). 1.14 Resignation of Escrow Agent. Escrow Agent may resign and be discharged from the performance of its duties hereunder at any time by giving thirty (30) days prior written notice to Depositor and Recipient. If at any time hereafter, the Escrow Agent shall resign after giving 30 days prior written notice of resignation to the Depositor and Recipient, be removed, be dissolved, or otherwise become incapable of acting, or shall be taken over by any governmental official, agency, department, or board, the position of the Escrow Agent as escrow holder shall thereupon become vacant. Upon receipt of such notice or unilateral termination, Depositor shall appoint a successor escrow agent in writing and deliver to Escrow Agent. Thereupon, Escrow Agent shall deliver the Escrow Assets in its custody to such successor escrow agent and all responsibility of Escrow Agent under this Escrow Agreement shall terminate; provided, however, Escrow Agent's obligations under this Escrow Agreement shall not terminate until delivery of the Escrow Assets to the successor escrow agent. If the Depositor and Recipient fail to appoint a successor escrow agent, the Escrow Agent shall deliver all Escrow Assets in its custody according to written instruction from Depositor or, in the absence of such instruction, to a court of competent jurisdiction. 2. ENFORCEMENT OF AGREEMENT 2.1 Governing Law and Venue. This Escrow Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. This Escrow Agreement shall be deemed to have been made in the County of San Bernardino, California, regardless of the order of the signatures of the Parties affixed hereto. Any litigation or other legal proceedings that arise under or in connection with this Escrow Agreement shall be conducted in a federal or state court located within or for the County of San Bernardino, California. The Parties consent to the personal jurisdiction and venue in federal or state court located within or for the County of San Bernardino, California and hereby waive any defenses or objections thereto including defenses based on the doctrine of forum non conveniens. 2.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. A Party's consent or approval of any act by another Party requiring the former Party's consent or approval shall not be deemed to waive or render unnecessary the former Party's consent to or approval of any subsequent act of the latter. Any waiver by any Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Escrow Agreement. R13028-E R13028-E Exh.A Page 6 of 19 P103 2.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Escrow Agreement, the rights and remedies of the Parties are cumulative and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by that Party, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 2.4 Legal Action. In addition to any other rights or remedies, any Party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Escrow Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Escrow Agreement. 3. MISCELLANEOUS 3.1 Construction; References; Captions. Since the Parties or their agents have reviewed this Escrow Agreement, the language of this Escrow Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days unless otherwise specified within this Escrow Agreement. All references to Escrow Agent include its personnel, employees, and agents, except as otherwise specified in this Escrow Agreement. All references to Depositor and Recipient include their elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Escrow Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Escrow Agreement. 3.2 Notice. Any notice, demand, request, consent, approval, communication that any Party desires or is required to give the other Parties or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. A Party may change its address by notifying the other Parties of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To Depositor: To Recipient: To Escrow Agent: THE CITY OF RANCHO SAN BERNARDINO COMMUNITY BANK CUCAMONGA TRANSPORTATION AUTHORITY 10500 Civic Center Dr. 1170 W. 3rd Street, 2nd Floor, 505 E. Colorado Blvd. P.O. Box 807 San Bernardino, CA 92410 Pasadena, CA 91101 Rancho Cucamonga, CA 91729-0807 Attention: John Gillison, Attention: Raymond W. Attention: Brian Sinclair, City Manager Wolfe, Executive Director Vice President Copy to: Copy to: Jason Welday Mike Barnum R13028-E R13028-E Exh.A Page 7 of 19 P104 3.3 Integrated Agreement. This Escrow Agreement contains all of the agreements of the Parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Escrow Agreement. This Escrow Agreement incorporates, supplements and supersedes (where inconsistent) the terms of Escrow Agent's account agreement for the Escrow Account. 3.4 Amendment. This Escrow Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by all Parties. 3.5 Counterparts. This Escrow Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Escrow Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Escrow Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder. 3.7 Authority. The persons executing this Escrow Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Escrow Agreement on behalf of said Parties and that by so executing this Escrow Agreement the Parties hereto are formally bound to the provisions of this Escrow Agreement. 3.8 Independent Representation by Counsel. The Parties represent and declare that in executing this Escrow Agreement they rely solely upon their own judgment, belief and knowledge, and the advice and recommendations of their own independently-selected counsel, concerning the nature, extent and duration of their rights and claims hereunder, and that, except as provided herein, they have not been influenced to any extent whatsoever in executing this Escrow Agreement, by any representations, statements or omissions pertaining to any of the matters herein contained by any Party or by any persons representing any Party. 3.9 Binding Effect. This Escrow Agreement shall bind and inure to the benefit of the Parties and their heirs, successors and assigns. 3.10 Depositor and Recipient Representations and Warranties. Depositor and Recipient represent and warrant that: (i) the Escrow Agreement fully complies with applicable law including, but not limited to requirements, as applicable, under the California Government Code and the California Public Contract Code; (ii) the Agreement and placement of Escrow Funds will be used for eligible purposes related to the Project; (iii)the proceeds, as placed in the Escrow Account, will be invested in a manner permitted by the indentures of trust for each interest bearing account; and (iv) the parties signing the Escrow Agreement on behalf of the Depositor and the Recipient have the full power and authority to enter the Agreement on behalf of and to bind the Depositor and Recipient. • 4. INDEMNIFICATION OF ESCROW AGENT 4.1 Indemnification of Escrow Agent. Depositor and Recipient jointly and severally agree to indemnify and hold Escrow Agent harmless with respect to any acts R13028-E R13028-E Exh.A Page 8 of 19 P105 Escrow Agent takes or omits in accordance with the terms and conditions of this Agreement. Depositor and Recipient jointly and severally agree to indemnify and hold Escrow Agent harmless against any and all liabilities, losses, claims, damages or expenses, including reasonable attorney's fees that Escrow Agent may incur by reason of or based upon its actions and/or omissions that are consistent with this Escrow Agreement other than as a result of the gross negligence or willful misconduct of Escrow Agent. This provision shall survive the termination of this Escrow Agreement. 5. RIGHTS, DUTIES AND IMMUNITIES OF ESCROW AGENT 5.1 Rights, Duties and Immunities of Escrow Agent. Acceptance by Escrow Agent of its duties under this Agreement is subject to the following terms and conditions, which all parties to this Agreement hereby agree shall govern and control the rights, duties and immunities of Escrow Agent. • (a) The duties and obligations of Escrow Agent shall be determined solely by the express provisions of this Agreement and no duties, responsibilities, or obligations shall be inferred or implied. Escrow Agent shall not be liable except for the performance of such duties and obligations as are expressly and specifically set out in this Agreement. Escrow Agent shall not be liable for the accuracy of any calculations or the sufficiency of any funds for any purpose. (b) Escrow Agent shall not be required to expend or risk any of its own funds or otherwise incur any liability, financial or otherwise, in the performance of any of its duties hereunder. (c) Escrow Agent shall not be required to inquire as to the performance or observation of any obligation, term or condition under any other agreements or arrangements between Depositor and Recipient. (d) Escrow Agent shall not have any responsibility to determine the authenticity or validity of any notice, direction, instruction, instrument, document or other items delivered to it by any party, or for the identity, authority or rights of persons executing or delivering or purporting to execute or deliver any such notice, direction, instruction, instrument, document, or other items delivered to it by such party or parties. Escrow Agent is authorized to comply with and rely upon any notice, direction, instruction or other communication believed by it to have been sent or given by Depositor and/or Recipient and shall be fully protected in acting in accordance with such written direction or instructions given to it under, or pursuant to, this Agreement. (e) Escrow Agent is not a party to, and is not bound by, or required to comply with any agreement or other document out of which this Agreement may arise. Escrow Agent shall be under no liability to any party hereto by reason of any failure on the part of Depositor, Recipient or any maker, guarantor, endorser or other signatory of any document or any other third party to perform, such party's obligations under any such document. Except for amendments to this Agreement referred to herein, and except for notifications or instructions to Escrow Agent under this Agreement, Escrow Agent shall not be obliged to recognize or be chargeable with knowledge of any of the terms or conditions of any agreement between Depositor and Recipient, notwithstanding that references thereto may be made herein and whether or not it has knowledge thereof. R13028-E R13028-E Exh.A Page 9 of 19 P106 (f) Escrow Agent shall not be bound by any waiver, modification, termination or rescission of this Agreement or any of the terms hereof, unless evidenced in writing and delivered to Escrow Agent signed by the proper party or parties and, if the duties or rights of Escrow Agent are affected, unless it shall give its prior written consent thereto. No person, firm or corporation will be recognized by Escrow Agent as a successor or assignee of Depositor or Recipient until there shall be presented to Escrow Agent evidence satisfactory to it of such succession or assignment. (g) If at any time Escrow Agent is served with any judicial or administrative order, judgment, decree, writ or other form of judicial or administrative process which in any way affects the Escrow Funds (including but not limited to orders of attachment or any other forms of levies or injunctions or stays relating to the transfer of the Escrow Funds), Escrow Agent is authorized to comply therewith in any manner as it or its legal counsel of its own choosing deems appropriate; and if Escrow Agent complies with any such judicial or administrative order, judgment, decree, writ or other form of judicial or administrative process, Escrow Agent shall not be liable to any of the parties hereto or to any other person or entity even though such order,judgment, decree, writ or process may be subsequently modified or vacated or otherwise determined to have been without legal force or effect. (h) Escrow Agent shall not be liable for any action taken or omitted or for any loss or damage resulting from its actions or its performance of its duties hereunder in the absence of breach of this agreement, gross negligence or willful misconduct on its part. In no event shall Escrow Agent be liable (i) for acting in accordance with or relying upon any instruction, notice, demand, certificate or document from Depositor and/or Recipient, or any entity acting on behalf of either given in compliance with the terms of this Agreement, (ii) for any consequential, punitive or special damages, (iii) for the acts or omissions of its nominees, designees, subagents or subcustodians, or (iv) for an amount in excess of the value of the Escrow Funds, valued as of the date of loss. (i) In the event of any ambiguity or uncertainty hereunder or in any notice or other communication received by Escrow Agent hereunder, Escrow Agent may, in its sole discretion and after providing notice to all parties of such ambiguities or uncertainties, refrain from taking any action other than to retain possession of the Escrow Funds, unless Escrow Agent receives written instructions within seven (7) days of said notice to negotiate a different approach, signed by Depositor and Recipient which eliminates such ambiguity or uncertainty. If the Depositor and Recipient are unable to do so, then the Escrow Agent may implement its attorney's recommendation. (j) Escrow Agent may consult with legal counsel of its own choosing as to any matter relating to this Escrow Agreement and the Escrow Agent shall incur no liability and shall be fully protected in respect of any action taken, omitted or suffered by it in good faith in accordance with the advice or opinion of such counsel. (k) In the event of any dispute or conflicting claim with respect to the payment, ownership or right of possession of the Escrow Account or the Escrow Funds, Escrow Agent shall be entitled, in its sole discretion, to refuse to comply with any and all claims, demands or instructions. Escrow Agent is authorized and directed to retain in its possession, without liability to anyone, except for its own breach of this Agreement, gross negligence or willful misconduct, all or any part of the Escrow Funds until such R13028-E R13028-E Exh.A Page 10 of 19 P107 dispute shall have been settled either by mutual agreement of the parties concerned or by final order, decree or judgment of a court or other tribunal of competent jurisdiction in the United States of America (as notified to the Escrow Agent in writing by the parties to the dispute or their authorized representatives and setting forth the resolution of the dispute). Escrow Agent shall be under no duty whatsoever to institute, defend or partake in such proceedings. The rights of Escrow Agent under this paragraph are in addition to all other rights which it may have by law or otherwise including, without limitation, the right to file an action in interpleader. (1) Escrow Agent shall not incur liability for not performing any act or not fulfilling any duty, obligation or responsibility hereunder by reason of any occurrence beyond the control of Escrow Agent (including but not limited to any act or provision of any present or future law or regulation or governmental authority, any act of God or war, or the unavailability of the Federal Reserve Bank or telex or other wire or communication facility). (m) Unless otherwise specifically set forth herein, Escrow Agent shall proceed as soon as practicable to collect any checks or other collection items at any time deposited hereunder. All such collections shall be subject to Escrow Agent's usual collection practices and terms regarding items received by Escrow Agent for deposit or collection. Escrow Agent shall not be required, or have any duty to notify anyone of any payment or maturity under the terms of any instrument deposited hereunder, nor to take any legal action to enforce payment of any check, note or security deposited hereunder or to exercise any right or privilege which may be afforded to the holder of any such security. (n) When Escrow Agent acts on any instruction, communication, (including, but not limited to, communication with respect to the delivery of securities or the wire transfer of funds) sent by telex, facsimile, email or other form of electronic or data transmission, Escrow Agent, absent breach of this Agreement, gross negligence or willful misconduct, shall not be responsible or liable in the event such communication is not an authorized or authentic communication of the party involved or is not in the form the party involved sent or intended to send (whether due to fraud, distortion or otherwise). For the avoidance of doubt, this will confirm that Escrow Agent shall not be obligated to accept any security for deposit to the Escrow Account; it is understood that, unless otherwise agreed by Escrow Agent, deposits to the Escrow Account will be made by check or wire transfer. (o) Escrow Agent will not opine, verify represent, or be responsible for whether or not: i. Escrow Funds will be used for"eligible purposes"related to the Project; ii. the proceeds, as placed in the Escrow Account, will be invested in a manner permitted by the indentures of trust for each Bond, or will satisfy depositor's current or future Investment Policy; or iii. the validity, completeness or authenticity of any receipts or Recipient's statements provided together with or provided in any Disbursement Request including, but not limited to Recipient's statements regarding the percentage of the Project completed for any period, whether any work has or has not been performed, or whether such work is satisfactory to any Party. iv. Depositor and/or Recipient have carried out the requirements of the Construction Cooperative Agreement or any other document referenced in this Escrow Agreement. R13028-E R13028-E Exh.A Page 11 of 19 • P108 6. WIRING INSTRUCTIONS 6.1 Wiring Instructions. In order to facilitate funds transfers, the Escrow Agent will require Depositor to execute a "Funds Transfer Resolution" (Exhibit C) and "Telefax Agreement" (Exhibit D), and deliver originals to Escrow Agent. Both forms shall be provided by the Escrow Agent. When changes to either document must be made, the Escrow Agent will require the execution of a new Funds Transfer Resolution and/or Telefax Agreement to be completed by the Depositor. In the event funds transfer instructions are given (other than in writing at the time of the execution of this Agreement), whether in writing, by telecopier or otherwise, Escrow Agent is authorized to seek confirmation of such instructions by telephone call-back to the person or persons designated on Schedule I attached hereto, and Escrow Agent may rely upon the confirmations of anyone purporting to be the person or persons so designated. The persons and telephone numbers for call-backs may be changed only in writing actually received and acknowledged by Escrow Agent. Escrow Agent and the beneficiary's bank in any funds transfer may rely solely upon any account numbers or similar identifying numbers provided by Depositor and Recipient to identify (i) the beneficiary, (ii) the beneficiary's bank, or (iii) an intermediary bank. Escrow Agent may apply any of escrowed funds for any payment order it executes using any such identifying number, even when its use may result in a person other than the beneficiary being paid, or the transfer of funds to a bank other than the beneficiary's bank or an intermediary bank designated. The parties to this Agreement acknowledge that such security procedure is commercially reasonable. Depositor and Recipient agree that for each funds transfer request, Depositor and/or Recipient, as applicable, must complete Community Bank's Outgoing Wire Transfer form, to be provided by the Escrow Agent, which must purport to be signed by one of the authorized representatives listed on the attached Schedule I. Depositor agrees and authorizes Escrow Agent to debit the designated account, other than the Escrow Account, held at Community Bank for fees of Escrow Agent involving any funds transfer request. Depositor shall maintain sufficient funds in the designated account to cover all such fees. Depositor and Recipient understand that it is Bank's practice to act immediately upon instructions received relating to funds transfers made by wire. Depositor and Recipient both agree and authorize Escrow Agent to hold any funds transfer request for the time period specified in Section 1.7 without any liability to Escrow Agent and/or Community Bank, for not immediately acting upon receipt of the funds transfer instructions. Outgoing Wire Funds Transfer(s)to Depositor: Routing/ABA No.: 122000496 Bank Name: Union Bank of California Bank Address: Monterey Park, CA Account No.: Account Name: City of —2001/2004 Reference: R13028-E R13028-E Exh.A Page 12 of 19 P109 Outgoing Wire Funds Transfer(s) to Recipient: Routing/ABA No.: 122203471 Bank Name: Community Bank Bank Address: 9699 Sierra Avenue, Fontana, CA 92335 Account No.: Account Name: San Bernardino Associated Governments Reference: I-15/Base Line Road 7. AUTHORIZED PERSONS 7.1 Authorized Person. Both Depositor and Recipient hereby identify to Escrow Agent the officers, employees or agents designated on Schedule I attached hereto as Authorized Persons with respect to any notice, certificate, instrument, demand, request, direction, instruction, waiver, receipt, consent or other document or communication required or permitted to be furnished to Escrow Agent. Such Schedule I may be amended and updated by written notice to Escrow Agent with a copy to the other party to this Agreement provided that failure to furnish such copy shall not affect the validity of such notice to the Escrow Agent. Escrow Agent shall be entitled to rely on such original or amended Schedule I with respect to any party until a new Schedule I is furnished by such party to Escrow Agent. Signatures are on the following page. R13028-E R13028-E Exh.A Page 13 of 19 P110 CITY OF RANCHO CUCAMONGA SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: By: L. Dennis Michael, Mayor Raymond W. Wolfe, Executive Director City of Rancho Cucamonga San Bernardino County Transportation Authority Dated: Dated: ATTEST: ATTEST: By: By: Janice C. Reynolds Vicki Watson City Clerk Clerk of the Board ATTEST AS TO LEGAL FORM: APPROVE AS TO LEGAL FORM: CITY ATTORNEY By: By: James Markman Eileen Monaghan Teichert City Attorney General Counsel COMMUNITY BANK, as Escrow Agent By: Dated: R13028-E RI3028-E Exh.A Page 14 of 19 P111 SCHEDULE I AUTHORIZED REPRESENTATIVES "DEPOSITOR" Director of Engineering Name: Mark Steuer Title: Services/City Engineer Signature: Phone Number: (909) 477-2700 Name: Jason C. Welday Title: Traffic Engineer Signature: Phone Number: (909) 477-2700 Name: Tamara Layne Title: Finance Director Signature: Phone Number: (909)477-2700 "RECIPIENT" Name: William Stawarski Title: Chief Financial Officer Signature: Phone Number: 909-884-8276 Chief of Accounting and Name: Hilda Flores Title: Procurement 909-884-8276 Signature: Phone Number: Name: Title: Signature: Phone Number: Name: • Title: Signature: Phone Number: R13028-E R13028-E Exh.A Page 15 of 19 P112 EXHIBIT A R13028-E R13028-E Exh.A Page 16 of 19 P113 0000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N Vf N N N N V V V N 0 yy O 0 m m Z Y F Q C N U m E 8 ❑ ❑ ❑ E O C C 9 u E O M M E c aE, E 'w a, a, ,0 0 m ° Z Z v, t7 u `o , C V ' t^ O La, M z 6 o' Z f c o Q ••• C u 8 C= W W O i i e N N Q u 0 N c 3 i•-•;i o Z o '+ Q c c C , Q F t W c Z N O al v 9 O N N a r+ u FFa 2 to c c a m 7 0 1- u w W . Z W N a n Le O c N dl C O c 0 W C G a r E U a 00 v° a v�f v } Z v=i o Y W T W W 0 Q Z H a, W o U o o J c d W Z • ° O W a 0 Z T 7 J O co W v 7 >- li J 0 _.42 in a, 0 z .� o OU a, 1 i:i - z O as O H- Q Q EEi Q C G o Q N W W H W U a W = 3 u i- a a a c g .� � n a m w O Z U OF re ,o a I- 0 -' U m 03 O m A a r N M ? •in .o N. a0 O� vi VaW u a 0 y - K • O `O Q 6JO O Z O Z V N W C s o Y E c G Z p O v 8 8 o• c < a' 6 " t N N N 0 w ` N m N Q - z O :=,' N C m r W O W . J O H A v B Q i u Z S V V JJ u c $ a `r E .w T Q g C 0 N x 1 c O W m V rOCZ Z O N Z O N W O w T 0.1 N 0 d w a' 8 8 a 8 y C C g c ✓ N o o s «v E I I- N Z o N N y °C o a ai S C Z c y c y v m$W O C 3 V u ° A L" a E L , �a, E a, 4 6 .. N O c A Q 8 $ G $ O 0 N U ° W o a 8 `o E V1 v A M._".. � 1 A 6 7 o W .[ 3 0 J .` ,2 A ., m u o E H as ~ ` A E ?' E i' c Q a0-, v ,- Q O 0 _ 0 5 0 O p C q e Ce N A a, 1 -P_ W O.C 2 1 'V LL d LL u w m z o c o,c$ E a`, a E. v o I- V m E a z E c-E ` ° u L c c C T 8 Q d L 9 N m z V V d 6 VI j 2 Q ° mc Od v m ' « 0 > N E Cd o N O > W z $ z tY E = d E � E an y ° E oo .3 E 44 Q c u 7 o $ d c o E c a m Li- 2 V G C N Q N N E V T u LL y N •g V U co Q N .E V i N M 1 Z to _ 'n h $ a C 0 L T 3 C d co .0 4a u xi m E s a m o t7 O ° 8i c v i c $ .. u y A 8' A $ a > > a Ld E ° O • m z °°a ° u a v ` r 0 3 a X W O V �r o Z s t w rgaatt °p ° r o W va' �i v, V V z 1- ,- P. 3v ¢ ;.>.." m z - N P114 EXHIBIT B NOT USED R13028-E R13028-E Exh.A Page 17 of 19 P115 EXHIBIT C FUNDS TRANSFER RESOLUTION (Corporation) WHEREAS,it is in the best interest of the City of Rancho Cucamonga(the"Corporation")to arrange for the transfer of deposited funds of the Corporation other than by check or draft;and WHEREAS,Community Bank("Bank")provides wire transfer and comparable funds transfer services. RESOLVED,that the Bank is hereby requested to honor,execute and process this Corporation's telephonic,telegraphic,written or oral requests for the transfer of funds from the account(s)of this Corporation at the Bank to other account(s)of the Corporation at any bank or to third parties; upon and subject to such terms and conditions as may from time to time be agreed upon between this Corporation and the Bank. FURTHER RESOLVED,that any of the following named officers the (Name) (Title) the (Name) (Title) of this Corporation be and they are hereby authorized,directed and empowered for and on behalf of and in the name of this Corporation: 1. To execute agreements with the Bank providing for such funds transfers; 2. To determine from time to time who on behalf of the Corporation shall be authorized to direct the Bank to transfer the funds of the Corporation; 3. To make,execute and deliver such other agreements as may be required by Bank;and 4. To perform or cause to be performed all further acts and execute and deliver all further instruments which Bank may deem necessary to carry out the purposes of these resolutions. RESOLVED FURTHER,that this Corporation hereby ratifies and confirms the acts of its officers,agents or employees in heretofore requesting transfers of funds from this Corporation's account(s)with the Bank by wire or comparable funds transfer together with any acts performed in relation thereto. RESOLVED FURTHER,that the Secretary of this Corporation is hereby authorized and directed to execute,acknowledge and deliver from time to time certified copies of these resolutions to the Bank and any other person or agency which may require copies of these resolutions and that the certification of the Secretary as to the signatures of the above named officers will be binding on this Corporation. RESOLVED FURTHER,that the Bank is authorized to act upon these resolutions until written notice of the revocation thereof by a resolution duly adopted by the Board of Directors of this Corporation is delivered to the Bank,such revocation in no way to affect the obligations of this Corporation to the Bank incurred pursuant to the terms of these resolutions prior to receipt by the Bank of such notice of revocations. ,Secretary of the Corporation identified above,a Corporation duly organized and existing under the laws of the State of ,do hereby certify that the resolutions set forth above are a full,true and correct copy of certain resolutions of the Board of Directors of the Corporation,duly and regularly passed and adopted at a meeting of the Board of Directors of the Corporation which was duly and regularly called and held on the day of ,at which meeting a quorum of the Board of Directors of the Corporation was at all times present and acting. I further certify that ,who in the Funds Transfer Signature Card has designated such persons to direct funds transfers for the Corporation, is the of the Corporation authorized in the resolutions set forth above to make that designation. I further certify that these resolutions are still in force and effect and have not been amended or revoked and that the specimen signatures appearing on the signature card are the signatures of the persons now authorized to direct transfers of funds for this Corporation by virtue of said resolutions. IN WITNESS WHEREFORE, I have hereunto set my hand as such Secretary and affixed the Corporate Seal of said Corporation this day of , (SEAL) Secretary • R13028-E R13028-E Exh.A Page 18 of 19 P116 EXHIBIT D BANK TELEFAX INSTRUCTIONS , during the normal course of business, requests Community Bank, to accept Telefax (Fax) copy of instructions as an original document. Furthermore, , will indemnify, hold harmless, defend and save the Bank from any and all claims, demands, expenses or liabilities (including attorney's fees and costs) of any nature using a Telefax copy for instructions. Number of signatures required Printed Name/Authorized Signature Date Printed Name/Authorized Signature Date Printed Name/Authorized Signature Date • Printed Name/Authorized Signature Date Community Bank Accepted by: Printed Name & Title/Authorized Signature Date Printed Name & Title/Authorized Signature Date 308002455.1 5/13/13 R13028-E R13028-E Exh.A Page 19 of 19