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Home My WebLink About1999/04/07 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA iREGULAR MEETINGS I st and 3rd Wednesdays - 7:00 p.m. April 7, 1999 Civic Center Council Chambers 105(i)0 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers William J..Alexander, Mayor Diane Williams, Mayor Pro Tern Paul Biane, Councilmember James V. Curatalo, Councilmember Bob ]Dutton, Councilmember Jack Lain, Ci(y' Manager James L. Markman, City Attorney Debra. J. Adams, Cio.' Clerk City Office: 477-2700 City Council Agenda April 7, 1999 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on Tuesday, one week prior to the meeting. The City Clerk's Office receives all such items. 1. Roll Call: A. CALL TO ORDER Alexander , Biane Curatalo , Dutton and Williams B. ANNOUNCEMENTS/PRESENTATIONS Presentation of a Proclamation declaring the month of April as Earthquake Preparedness Month. 2. Presentation of a Proclamation to Heritage Hospital on the occasion of their Community Health Fair. Presentation of a Proclamation declaring the week of April 12 - 18, 1999, as Architecture Week in Rancho Cucamonga. C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. Approval of Warrants, Register Nos. 3/10/99, 3/17/99 and 3/24/99, and Payroll ending 2/28/99, for the total amount of $2,055,977.03. Approval of the Park and Recreation Commission's recommendation to install two (2) Coca Cola beverage machines in Spruce Avenue Park. Accept the Assumption of Liability Rider, transferring liability for the Faithful Performance Bond and Labor and Material Bond for Tract 12659-2, located at Etiwanda and Wilson Street, from Foreman's Fund Insurance Company to Safeco Insurance Company of America, submitted by Centex Homes. 17 23 City Council Agenda April 7, 1999 2 Approval of a Resolution of Intention to Vacate portions of two alleys, generally within the Northtown area, located on the south side of Feron Boulevard, west of Hermosa Avenue, and setting the date of the public hearing for May 5, 1999. RESOLUTION NO. 99-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE PORTIONS OF ALLEYS GENERALLY WITHIN THE NORTHTOWN AREA, LOCATED ON THE SOUTH SIDE OF FERON BOULEVARD, WEST OF HERMOSA AVENUE Approval to enter into an agreement with Southern California Edison (CO 99-032) for the routing of utility lines in the vicinity of Arrow Highway and White Oak Avenue at a cost not to exceed $130,000. The project is to be funded from RDA Account 15- 51000. Approval of Improvement Agreement and Improvement Securities for Tract 13851, located north of Wilson Avenue, west of Deer Creek Channel, submitted by DPDG Fund 1, LLC, and release of previously submitted Improvement Agreement and Improvement Securities accepted by City Council on January 3, 1990, and on August 1, 1990, respectively, submitted by Pacific International Development, Inc. RESOLUTION NO. 99-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR TRACT 13851 AND RELEASING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES PREVIOUSLY ACCEPTED BY CITY COUNCIL ON JANUARY 3, 1990, AND AUGUST 1, 1990, RESPECTIVELY Approval of Map, Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract 14509, located east of Hermosa Avenue, south of Wilson Avenue, submitted by ICSWH Hermosa, LLC. 25 28 31 32 34 35 City Council Agenda April 7, 1999 3 10. 11. RESOLUTION NO. 99-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL TRACT MAP 14509, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES RESOLUTION NO. 99-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 14509 Approval to amend the contract agreement with LSA, Inc. (CO 98- 015) to augment the budget for the Victoria Arbors Project. Approval to renew the contract (CO 97-039) with Holiday Printing for the printing of the Grapevine in the amount of $64,600.00 for four issues. Approval of renewal of the Collection Center Household Hazardous Waste Agreement (CO 99-033) with the County of San Bernardino Services Area 70, Consolidated Fire District (CSA 70 CFD). Approval to award and authorize the execution of the Contract (CO 99-034) for the construction of the Day Creek Boulevard, from Base Line Road to Highland Avenue and the Highland Avenue Relocation Improvement Project to the apparent low bidder, Vance Corporation, in the amount of $2,370,486.74 ($2,154,987.95 plus 10% contingency) to be funded from Account No. 32-4637-9710 $53,308.20 ($48,462.00 plus 10% contingency); Account No. 32- 4637-8599, $968,283.75 ($880,25795 plus 10% contingency); Account No. 35-4637-9710, $107,444.70 ($97,677.00 plus 10% contingency); Account No. 22-4637-9710, $453,970.00 ($412,700.00 contingency); Account No. 15-51000, $428,532.50 ($389,575.00 plus 10% contingency); and funds from CCWD in the amount of $205,249.00 ($186,590.00 plus 10% contingency) and funds from Lewis Homes in the amount of $153,688.00 ($139,716.00 plus 10% contingency}. 38 39 42 51 55 57 City Council Agenda April 7, 1999 12. 13. 14. Approval to award and authorize the execution of the Contract (CO 99-035) for the Soils and Materials Testing of the Day Creek Boulevard, from Base Line Road to Highland Avenue and the Highland Avenue Relocation Improvement Project to RMA Group in the amount of $37,532.98 ($34,120.00 plus 10% contingency) to be funded from Account No. 32-4637-9710, $1,501.28 ($1,364.00 plus 10% contingency); Account No. 22-4637~9710, $7,506.40 ($6,824.00 plus 10% contingency); Account No. 15- 51000, $6,254,82 ($5,686.20 plus 10% contingency); Account No. 32-4637-8599, $15,688.20 ($14,262.00 plus 10% contingency); and funds from CCWD in the amount of $6,581.30 ($5,983.00 plus 10% contingency). Approval to award and authorize the execution of the Contract (CO 99-036) for the construction surveying of the Day Creek Boulevard, from Base Line Road to Highland Avenue, and the Highland Avenue Relocation Improvement Project to Derbish, Guerra and Associates in the amount of $80,828.00 ($73,480.00 plus 10% contingency) to be funded from Account No. 32-4637-9710 ($3,500.00 plus 10% contingency); Account No. 22-4637-9710, $16,165.60 ($14,696.00 plus 10% contingency); Account No. 15- 51000, $19,837.40 ($18,034.00 plus 10% contingency); Account No. 32-4637-8599, $33,143.00 ($30,130.00 plus 10% contingency); and funds from CCWD in the amount of $7,832.00 ($7,120.00 plus 10% contingency). Approval and execution of an Easement/Agreement (CO 99-037) between the San Bernardino Associated Governments/San Bernardino County Transportation Authority (SANBAG) and the city of Rancho Cucamonga, granting the City an easement for public street, highway and/or public utility purposes over the Baldwin Park Branch Railroad right-of-way for Day Creek Boulevard. RESOLUTION NO. 99-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF THE EASEMENT/AGREEMENT BETWEEN THE SAN BERNARDIN(:) ASSOCIATED GOVERNMENTS/SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF RANCHO CUCAMONGA GRANTING THE CITY AN EASEMENT FOR PUBLIC STREET, HIGHWAY AND/OR PUBLIC UTILITY PURPOSES OVER THE BALE)WIN PARK BRANCH RAILROAD RIGHT OF WAY FOR DAY CREEK BOULEVARD 60 62 64 66 City Council Agenda April 7, 1999 15. 16. 17. 18. 19. 20. Approval and execution of Cooperative Agreement (CO 99-038) between the City of Rancho Cucamonga and the State of California, Department of Transportation for the design and construction of Foothill Boulevard Median Islands from Vineyard to Haven Avenues and Bridge Widening over Deer Creek Channel. RESOLUTION NO. 99-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AND EXECUTING THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION OF FOOTHILL BOULEVARD MEDIAN ISLANDS FROM VINEYARD TO HAVEN AVENUES AND BRIDGE WIDENING OVER DEER CREEK CHANNEL Approval to award and authorize the execution of the Contract (CO 99-039) for painting and exterior stucco repair to the Sports Facility, to Xios Painting of California, in the amount of $25,929 (plus 10% contingency) to be funded from Fund 25-4285-7043. Approval to award and authorize the execution of the Contract (CO 99-040) for the Security System Upgrade to Assi Security of Irvine, California, in the amount of $295,000 (plus a $5,000 contingency) to be funded from Fund 14-51000 ($80,000) and Fund 17-51000 ($220,000). Approval to award and authorize the execution of the Contract (CO99-041) for the construction of the FY 1998/99 Residential Street Rehabilitation and Overlay Project to the apparent low bidder in the amount of $292,694.77 ($266,086.15 plus 10% contingency) to be funded from Measure I Account No. 32-4637- 9113. Approval of Lease Amendment No. 13 between the City and Inland Valley Professional Baseball setting office rent and adjusting police security cost for the 1999 baseball season. Approval to accept improvements, release the Faithful Performance Bond and file a "Notice of Completion" for improvements for DR 97-30, located north of Bell Court and east of Red Oak. Release: Faithful Performance Boncl WCN1189181 $10,500.00 68 70 71 73 74 80 81 City Council Agenda April 7, 1999 6 21. 22. 23. RESOLUTION NO. 99-081 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 97-30, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Approval to release the Faithful performance Bonds and accept Maintenance Bonds for Tract 13565, submitted by Richmond American Homes and Standard Pacific. Approval to release the Maintenance Bond for Parcel Map 15027, located on the north side of Vicara Drive, east of Sapphire Street. Release: Maintenance Bond - Cash $1,805.0O Approval of ImprovementAgreement Extensions for Tracts 15727- 1, -2 and -3, located on Fourth Street, east of Archibald Avenue, submitted by Griffin Industries. RESOLUTION NO. 99-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACTS 15727-1, -2 AND -3 83 84 86 88 93 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 9.30 OF THE MUNICIPAL CODE REVISING DAYTIME CURFEW REGULATIONS ORDINANCE NO. 598 (second reading) AN ORDINANCE OF THE ClTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 9.30 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND REVISING DAYTIME CURFEW REGULATIONS 94 City Council Agenda April 7, 1999 7 CONSIDERATION OF AN ORDINANCE AMENDING TITLE 7 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REVISING THE TELECOMMUNICATIONS REGULATIONS ORDINANCE NO. 599 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A TELECOMMUNICATIONS REGULATORY ORDINANCE AND AMENDING TITLE 7 OF THE RANCHO CUCAMONGA MUNICIPAL CODE 96 F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. No Items Submitted. G. PUBLIC HEARINGS The following requirements. testimony. items have no legal publication or posting The Chair will open the meeting to receive public No Items Submitted. H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. APPROVAL OF A LEASE AGREEMENT (CO 99-042) BETWEEN THE CITY OF RANCHO CUCAMONGA AND WESTERN LAND PROPERTIES/LEWIS RETAIL PROVIDING A FACILITY FOR THE 1999 SUMMER PERFORMING ARTS ACADEMY CONSIDERATION OF QUAKE'S REQUEST FOR CITY TO WAIVE FEES FOR PROPOSED FOUR-DAY BASEBALL CLINIC APPROVAL OF A RESOLUTION AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND AMERICAN CABLE ENTERTAINMENT COMPANY, LLC; AND APPROVAL OF A RESOLUTION AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND COMCAST CABLEVISION OF INLAND VALLEY, INC. 123 130 134 City Council Agenda April 7, 1999 RFSOLUTION NO. 99-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND AMERICAN CABLE ENTERTAINMENT COMPANY, LLC RESOLUTION NO. 99-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND COMCAST CABLEVISION OF INLAND VALLEY, INC. 140 143 I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. No Items Submitted. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. CODE ENFORCEMENT ISSUE BY PROPERTY OWNER GARY YOUELL 146 City Council Agenda April 7, 1999 L. ADJOURNMENT MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS PROPERTY NEGOTIATIONS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT ROCHESTER, BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE; JERRY FULWOOD, DEPUTY CITY MANAGER, NEGOTIATING PARTY, REGARDING TERMS OF PAYMENT. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on April 1, 1999, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. ! I I ! ! ! l ! l ! VENDOR CITY OF RANCHO CUCAMONGA LIST OF WARRANTS FOR P£RIOD: 03-I0-99 (98/99) RUN DATE. NAME ITEM DESCRIPTION ~ARR NO ~ARR. 73 CITRUS MOTORS ONTARIO, INC. G]V.C'_RNMENT FINANCe' JFFICERS ASSOC. GOVERNMENT FINANCE JFrICERS ASSOC. SAN 8ERNARLIN~ £~UNTY c~! EXPRESS LANES A A EQUIFMENT RENTALS CO.,INC. A PLUS BILLING SZRVIC~$ aBC LOCK S~ITHS 7 ABLETRONIC S 37d5 ACTION ART ~36% ADVANCED C~PY ~YST~MS 1~6 A~ RTOUCh C~LLULA~ AmEriCAN aUSINESS FORMS AMERICAN LIdRARY ASSOCIATIOh AMERICAN PLANNING A~SOCZAT[ON AaROH RESTaURaNT E~PMENT ASSOCIATEO ENGINEERS AUTO SPECIALISTS 8 & K ELECTRZC eHOLESaLE BABCOCR & SONS~ ZNC.~ BASELINE TRUE VALUE BASSETT-SMZTH~ TERRI · *~1 ~E~T BUY CO., INC. ~407 BETTER ENERGY ZDEkS ZX[~Z 6ETTER ROADS ZZ09 BLAIR, INGRZO Z147 BLAKE PAPER CO-, 21151 BODY SNOTS 373 BOOK PUBLZSH~NG COMPAN~ 3863 BOPK0. 21~7 BRIDGES. KATHRYN N. 4369 ~ROD&RT BOOKS 3~93 B~UN]CKe ALVAREZ E BATTERSBY 534~ BUCKNAN E ASSOCIATES 11119 C.C.P.O.&. MEMBERSHIP SERVICES 1511 21118 C.R.O.A. c/o N~LDA BERNOT-PLACENT~A 21143 CALIFORNIA KIDS 21~5 CaLZFORNZ~ SeERPER 375J CELSOC veHICLE MAINTENANCE/SUPPLIES <<< 136667 REGISTaATION (¢( 136899 aFGISTRATtON FLC ((( 136901 CAL-ZD PROGRAM ((( 1371~6 TRaNSPOND[R~ VEmICLE MAZNT2NANCE/SUPPL:'S aUSINE~S LIC~N£E RLFUNU M~[N'~,,~NCL SUPPLIES R~CREATION RtFUN( ~[NTEhANC[ SUPPLieS RECA[ATIgN SUPPL[' S OFFICC ~UIPMLNT C~LLULAR P~ONE bILLINGS iNSTALLATlON/~[RV[CE ~USIN~SS LICENSE R~FdNO S~RVIC~/SUPPL[£S OFFIC~ SUPPLIL$ O~F[CE SUPPLIES APA N~MBERSHIP DUES SOFTWARE MAINTENANCE BUSINESS L~CENSE REFUND PROFESS~OHAL SER¥ZCES VEMICLE MAZNTENANCE MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES #AZNTENANCE SUPPLIES RECREAYION REFuNO PER#IT REFUND OFFICE SUPPLIES PROFESSIONAL SERVICES SUBSCRIPTION SCAG NEETING RECREATION SUPPLIES BUSINESS LZCENSE REFUND OFFICE SUPPLZES ESS! USER MEETING RECREATION REFUND LIBRARY SUPPLIES BOOKING FEES CONSULTANT SERVICES, RECREATION REFUND MEMUERSHZP DUES C.N.T.A. MEETING M~NBERSHZP DUES BUSINESS LICENSE REFUND BUSINESS LICENSE REFUND PROFESSIONAL SERVICES CHECKI OVERLAP 136~66:: S8.34- 136897 536898~ 0o00 136900 136901~ 510.00 137144 137145¢ i5714~ tOODO0 1375~ 137150 ~.00 13715l 137152 165.93 13715t 7.61 13711~ 137155 702.00 137156 tit.S8 137157 671.00 137158 8.24 137159 S6.79 137160 541o64 137161 242.89 137162 137163 2,S74.74 137164 515.05 13716~ 678.00 137166 362.86 137167 942049 137168 137169 55.04 137170 19.91 137171 332-63 137172 820.50 137173 75.00 13717~ 40.00 137175 13.O2 137176 122046 137177 13031 137178 le179o&O 137179 26.04 13718O 16.57 137181 163.91 137182 19.71 137183 509.20 137184 35.00 137185 2~o00 137166 150~00 13716T I5.00 137~86 40.50 137189 9034 137190 381oB0 £ZTY OF RANCHO CUCA#ONG& LZST OF UARRANTS FOR PERIOd: 03-10-99 (98/99) RUN DATE: 03/10/99 PAGE: VENDOR NANE ZTEM DESCRZPTZON WARR NO WARRo AMT. Do CHECK# OVERLAP 68 CENTRAL CZTZES SZGN SERVZCE #A%NTENANCE SUPPLZES 137191 1,248.82 713 CHZCK'S SPORTZNG GOODS ZNC RECREATZON SUPPLZES 137292 376.75 21146 CZT~ONS~It GLADYS RECREATZON REFUND 137193 47.00 73 CZTRUS MOTORS ONTARZO. ZNC. vEHICLE MAZNTENANCE/SUPPLIES 13719& 166o26 14 CITY RENTALS EGUZPMENT RENTAL/SUPPLZES # 137195 1~432.15 4211 COAST RECREATZONt ZNC. MAZNTENANCE $UPPLZES 137196 317.12 4119 COMPETZTZVE EOGE C¥CLERY EQUZPME#T REPAZR 137197 34°47 4301 COMPUSAt ZNC. MAZNTENANCE SUPPLZES e 137198 376°27 930 CORONA CLAY COMPANy NAZNTENANCE SUPPLZE$ 137199 2~828.44 cC( 137200 - ~37200 85 CUCA#ONGA CO MATER DZST MONTHLY MATER BILLZNG$ # 137201 3~673o36 2478 OAPPER TZRE VEHICLE HA ZNTENANCE/SUPPLZES 137202 36611 OAVZOSON~ LAURA RECREATZON REFUNO · 137Z03 341 DAY-TZMERS~ ~NC. OFFZCE SUPPLIES J 137204 37.48 5121 DE YOOGHTw SCOTT ~. PROFESSIONAL SERVICES # 237205 360°00 60 OELTA OENTAL DgNTAL ZNSURANCE 137206 22t161.T6 t07 DETCO OFFZCE SUPPLZES I 137207 839 OIETERZCH ZNTERNATZONAL TRUCK V~HZCLE MAINTENANCE 137208 ~03o80 36612 OZLLe ~ER! R~CREATZON REFUNO 137209 29o00 5744 01RECT TV $UBSCRLP/ZON 137210 3875 DUNN.-EDeA~OS CORPORATZON HAZNTENANCE $UPPLZES e 137211 5510 EARTH PROTECTION $ERVZCG$~ iNC. PROFESSIONAL SERVZCES 137212 95°04 S916 ED BUZLDZNG ~AZNTENANCE PROFESSZONAL SERV[CES 137213 &~180.00 6069 EDU-TECN CORP., THE DFFZCE SUPPLZES 137214 286.65 336~ EZGHTH AVENUE GRAPHZCS OFFZCE $UPPLZES · 137215 866o78 3614 ELZTE TOMZNG TOkZNG SERVZCE 137216 45.00 5137 EMPZRE MOBZLE HOME SERVIC~ PROFESSZONAL SERVZCE$ 137217 581.60 229 E~ZNG ZRRZGATZON PRODUCTS ZRRLGATION SUPPLZES · 137218 273.17 6140 EXCLUSZVELY VOLVO/VOLKSMAGEN/$UaARU EQUIPMENT 137219 19t556o63 36613 EXPRESS PERSONNEL SERVICES OF 8USZNESS LZCENSE REFUND 137220 ZS012 4817 FATLAND, SANORA REZMBURSEMENT · 137221 129.09 36614 FERNANDEZ, LO~S RECREATZON REFUND 137222 47000 155 FZLARSKT ~ ~ATT MONTHLY SERVZCE$ 137223 1~012o50 6101 FZVE STAR CATERZNG PROFESSZONAL SERVZCES I 137224 1~237.27 4762 FOOTHZLL FA#ZLY SH~TER FAPZLY SHELTER 137225 242.50 2840 FORO OF UPLAND, IMCo VCMZCLE HAZNTENANCE I 137226 341o99 1082 FRANKLZN COVEY CO. OFFICE SUPPLZ£S ~ 137227 174.95 4~40 GALE GROUP LZBRART BOOKS 13722a 154o90 36615 GARCZA MOLDS & ENGZNEERZNG bU$ZNESS LICENSE REFUNO 131229 ~ 305.11 SOU· GARRETT CONCo CORZNG E $AgZNG~ INC. HAZNTENANCE SUPPLZES 137230 672.00 5157 GEORAL ZNTERNATIONAL SUPPLZES & SERVZCE 137231 ]e032.39 5780 ~I&NT ZNLANO EMPIRE R.V. CENTER ~NSTALLAT[ON SERVICE/SUPPLZES 137232 91.95 3992 GZBBY'S FeNCiNG MATER[ALS HAZNTENANCE SUPPLIES 137Z33 4463 GLOBAL EQUIPMENT COMPANY OFFICE EGU[PMENT 137234 64.58 Z~70 G~MEZ~ RZCK REIMBURSEMENT 13723S 162.50 650 GRAZNGER~ N.M. MAINTENANCE SUPPLZES 137236 36.40 3427 GREEN ROCK POUER E~UZPNENT MAINTENANCE SUPPLIES I 137237 '233o75 36616 G~OVE OIAGNOSTZC [MAGZNG BU$ZNESS LZCENSE REFUND 237238 C¢( 137239 - 137239 ~37 GTE CALZFORN~A MONTHLY TELEPHONE ~[LL~NGS 4 137240 31215 HACKETT, CZNOY RECrEATiON 2372*1 I I 1 1 I ! I ! ! I 1 I I I I I I CITY OF RANCHO CUCAMONGA LXST OF MARRANTS FOR P~RXOD: 03-10-99 (98/99) RUN DATE: 03/10/99 PAGE: 3 vENDOR NAHE ITEM DESCRIPTION WARR NO WARR. AHT. DO CHECK· OVERLAP · 62 HCS-CUTLER STEEL CO. EQUIPMENT MAINTENANCE · 1372*Z 93.69 31IS H! STANO ARO AUTOMOTIVE NAZNTENANCE SUPPLIES # 137243 Z156 N~-LZNE ELECTRIC C01qPANY NAZNTENANCE EQUZPNENT 1372~4 IS8 HOLLIDAY ROCK CO.e INC. MAINTENANCE SUPPLIES # 137245 lt367o39 I234 HOSENAN MAINTENANCE SUPPLIES · 137246 211.38 161 HOTT LUMBER CO., S.No MAINTENANCE SUPPLIES # 1372,7 89.59 1866 HUB CONSTRUCTION SPECIALTIES MAINTENANCE SUPPLIES 137248 231.80 31322 HURST, JANE RECREATION 137249 10.00 19~Z MTDRO TEK SYSTEMST ZNCo EQUIPMENT MAINTENANCE 137250 964.36 897 IoC.B.O. - CITRUS 8ELT CHAPTER ANNUAL MEMBERSHIP OUES 137251 60.00 &lBa I.Oo BURR MAINTENANCE SUPPLIES · 137252 407°28 4254 %BN CORPOeAT~ON #AINTENANCE SUPPLIES 137253 6,300°00 6150 IMAGE SALE St INC. RECREATION REFUND 137254 34.03 3885 I#LANO LAiNHONER VEHICLE NAZNTENANCE 137255 75o91 908 INLAND MEDIATION BOARD LANDLORO/TENANT DISPUTE RESOLD J 137256 17506~73 &718 INLAND TOP SOIL NIXES NAINTENANCE SUPPLIES 137257 86~20 2315 INLAND NHOLESALE NURSERY MAINTENANCE SUPPLIES · 137258 8°07 5193 INTERACTIVE DATA CORPORATION MAINTENANCE SUPPLIES I 137259 ~52 INTRAVAIA ROCK ~ SAND MAINTENANCE SUPPLIES ~ 137260 200o00 31327 J & S FLOORST ZNCo BUSINESS LICENSE 137261 19~1 JACOBSEN DIVISION OF TEXTRON, INC. #AINT SUPPLIES I 137262 95061 612 JAESCHKE INC., C.R. VEHICLE NAINTENANCE 137263 70~6 3905 JONNSON~ CHEARICE REZHBURSENENT 13726* 26.04 31321 JOMNSONt ZENDRE RECREATION 137265 ZOoO0 2386 JOHNSTONE SUPPLY MAINTENANCE SUPPL[ES 137266 54°74 31323 JOSE~ JOSEPHINE RECREATION 137267 ZOODO0 565* RAPCO LIBRARY SUPPLIES 137268 10o.0 4126 KELLY EQUIPMENT ; VEHICLE SUPPLIES ~ 137269 lt167o86 5059 KINKO'S COPIES RECREATION SUPPLIES 137270 L60.01 1218 KNOX MAINTENANCE SUPPLIES e 137271 692°89 6090 KONGT SOPMAK BUSINESS LICENSE REFUNO 137Z72 · 982 KORANDA CONSTRUCTION CoD.BoGo 137273 1t710o00 · 76* KUL! IMAGE INC. RECREATION SUPPLIES 13727* 594°78 1075 LAB SAFETY SUPPLY MAINTENANCE SUPPLIES 137275 37.51 31175 LANRENCE~ NANETTE RECREATION 137276 80.00 649 LANSON PRODUCTS· INC. MAINTENANCE SUPPLIES e 137277 696.48 572 LINEAR SYSTEMS MAINTENANCE SUPPLIES 137278 267.33 200 LOS ANGELES TIMES SUBSCRIPTION ~37279 3156 LU°S LIGHTHOUSE, INC° OIL ANALYSIS # 137280 60&o35 1062 N C ! TELECOMMUNICATIONS TELEPHONE SERVICES e 137281 1e538~71 31328 MAGIC BEAUTY ~ BARBER BUSINESS LICENSE 137262 31318 MAIOLOT LAURA RECREATION # 137283 71o00 3132, NARZANESTGEaALO REIMBURSEMENT 137284 86°2O 5*9 MARIPOSA HORTICULTURAL ENTo[NC. LANOSCAPE MAiNTENaNCE 137285 30°23 31329 MARZSCOLANO~A BUSINESS LICENSE 137286 138.18 4727 HARSHALL PLUMBING REHA6o PROGRAM e 137287 620o~5 3671 MATT'S MARONARE BUSINESS LICENSE REFUND 137288 47.18 5283 HAYZRT CDBLE & PALMER PROFESSIONAL SERVICE 137289 375.00 S~48 NCCLZNTON TRUCKING COo~ZNC~ J.C. NAZNTENANCE SUPPLIES 137290 18976o~ 6032 HCGRUFF SAFE KZOS RECREATION REFUNO 137291 : 680.00 2995 NCNURRAY & STERN SUPPLZES/SER¥ZCE 137292 729o00 CITY OF RANCHO CUCANONGA LEST OF HARPANTS FOR PERZOD: 03-10-99 (98/99) RUN OATE: 03/10/99 PAGE; VENDOR NAME [TEN DESCRIPTION MARR NO WARP. ANT. 31325 #ELODY°S MUSIC BOX 2198 MICHAELS STORES INC. J3019 5652 MIDWEST TAPE 4374 MOBILE STORAGE GRDU~. INC. 5291 NODERN ALLOYS 5967 MOUNTAIN FRESH DRII~ING HATER SYS. 1020 MOUNTAIN VIEH GLASS L HIRROR 5755 MOUNTAIN VIEb INLAND POOL 3316 MR. T°S 24-HR. TOYING 6047 MSI ZMAGING 6065 MC AROLE, KEVIN NAPA AUTO PARTS NATIONAL NOTARY ASSOCIATION NIGHTLINE SECURITY PATROL NORTH STAR EXTER#ZNATORS NORTHERN QUALITY PRODUCTS ODDO. BRAD CONSTRUCTION 523 OFFICE DEPOT 4327 ORANGE SPORTING GO O OS 31319 ORTEGA. JANET Z35 OWEN ELECTRIC 338 PACIFIC EQUIPT ~ IRRIGATION. 818 PARAGON BUILDZNG PRODUCTS 31320 PARKER9 KAREN 5½09 PARTSMASTER9 INCo 3547 PERPETUAL STORAGE 4554 PITAS$I. PETER J. 6089 PITTS. LISA 791 PMI/DELTA CARE 255 POMA DISTRIBUTING CO 3952 POMONA INL VALLEY CNCL OF 1049 POMONA VALLEY KAWASAK1 31326 POHELL. Go ELECTRIC. 1NC° 693 POWER$TRZOE BATTERY CO.. INC. 758 PRAXA~R DISTRIBUTION. INC. 3286 P~ZNCZPAL #UTUAL 563 PROTECTION SERVICE INDUSTRIES 65 PRUOENTZAL OVERALL SUPPLY 5899 QUALTZY ONE ENGRAVERS INC. INC. 251 R & R AUTOMOTIVE 1890 R ~ R LIGHTING 3663 R & T SPECIALTY. INC. 3813 R.Co PHOTOGRAPHY ~ ASSOCIATES 2705 R.HoF. ~ INC. 4130 R3M LOCK ~ KEY SERVICE 6078 REGAL ZNOUSTRIE$, INC,,, 5b63 REGULATION COMPLIANCE. INC. 5914 REXEL CALCON ELECTRICAL SUPPLIES CHURCHES BUSINESS LICENSE RECREATION SUPPLIES LIBRARY SUPPLIES EQUIPMENT RENTAL MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES TOHING RECREATION REFUNO UUSiNESS LICENSE REFUND VEHICLE MAINTENANCE NNA MEMBERSHIP DUES SECURITY SERVICE RECREATION REPUNO MAINTENANCE RELEASE OF DEPOSIT 137304 - OFFICE SUPPLIES 71 DOZEN SOFTBALLS RECREATION MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES CONCRETE SUPPLIES RECREATION MAINTENANCE SUPPLIES STORAGE SUPPLIES ARCHITECTURAL PROJECT ~ECREATION REFUND MEOICAL INSURANCE VEHICLE MAINTENANCE & SUPPLIES HEST ENO HUNGER PROGRAM VEHICLE NAZNTENANCE SUPPLIES BUSINESS LICENSE VEHICLE MAINTENANCE SUPPLIES MAZNT/RECREATZON SUPPLIES MEDICAL/DISABILITY ~NSURANCE PROTECTION SERVICES-LIONS CNTR MAINTENANCE SUPPLIES O~FICE SUPPLIES (¢( 137338 VEHICLE NAZNTeSUPPLXES&SERVXCE MAINTEKANCE SERVICE/SUPPLIES D. AoR.E. SUPPLIES PHOTO SUPPLIES VEHICLE MAINT SERVICE&SUPPLIES MAINTENANCE SUPPLIES BUSINESS LICENSE REFUNO TRAINING SERVICES ELECTRICAL SUPPLIES CHECK# OVERLAP 137293 19~17 137294 46.67 # 137295 351~80 137296 1¢0o12 137Z97 71.62 137298 74.00 ~ 137299 1~139o96 1373OO 40~B4 137301 95.00 137302 1.357.03 137303 27.50 137306 137307 2e634o91 137306 Z.60 137309 647.S0 137 JlO 12.50 J 137311 129.30 137312 500.00 137315 137316 12.277.07 137317 2.314.30 137J18 aOoO0 ~ 137319 3e213.75 ~ 137320 31o4~ 137321 38.79 137322 50.00 137313 175.65 1373Z4 33.45 137325 1.616.62 137326 268°00 137327 1.093o92 137328 1.155.59 137329 742.50 137330 1~068.20 137331 6.00 137332 693o81 137333 340°57 137334 64~535.31 137335 437.85 13T336 654°40 137337 183.16 137338 137339 2.602.82 137340 70°04 137341 291.60 137342 356.66 137343 45.00 1373~4 63o~9 137345 5.91~.00 137346 116o00 137347 83.11 /37313 - # CITT OF RANCHO CUCAMONGA LIST OF UARRaNTS FOR PERlOD: 03-10-99 (98/99) RUN DATE: 03/10/99 PAGE: 5 VENDOR NAME ITEM DESCRIPTION WARR NO WARR. ANT. 11351 RICNO TECHNOLOGIES 276 RIVERSIDE BLUEPRINT 4257 R[VERSZOE CONSTRUCTION COMPANY 11352 ROBERTS #.~.. INC.. STEPHEN W 3314 ROBINSON FERTILIZER 626 ROBLES. RAUL P.. 6009 ROBOTRONICS INC. ~924 ROGAN BUILOING SERVICES 6029 RPS ENVIRONNENTA1 57*5 SAFELITE GLASS CORP. S538 SAN ANTONIO MATERIALS **6 SAN BERN CO AGRICULTURE OEPTo 1298 SAN BERN CO ASSESSOR'S OFFICE 21. SAN BERN CO SOLID WASTE HGMENT 581 SAN BERNARDINO COUNTY 5338 SAN BERNARDZNOt CITY OF 58*g SAN OIEGD POLICE EOUIPM[NT t32 SAN DIEGO ROTARY 8ROOM COt INC 1105 SEAL FURNITURE & SYSTEMS INC. 5672 SE SSUHSe INC, !b29 SHARED TECH. PA[RCHILO TELECOM. INC 250! SIEBE ENVIRONMENTAL CONTROLS 351 SIGN SHOP9 THE 3276 SINCLAIR PAINT 692 SIR SPEEDY 11353 SLOAN MANAGEMENT REVIE~ 1327 SNART E FINAL 1432 5722 682 2010 902 5J61 11354 5.10 6135 4114 4569 J94Z 19].9 4448 4673 2958 ~786 3437 3912 4206 SOUTHERN CALIFORNIA EDISON SPECTRA CONPANT SPEEDWAY MUFFLER INC. STARLITE SAFETY SUPPLY INC. STATE OF CA.OEPARTMENT OF TRANS STERZCTCLE t INC. SWINGERS T & D INSTALLATIONS TAMIS CORPORATION TARGET SPECIALTY PRODUCTS TAYLOR9 SANDRA TAYLOR-OUNN TEE'S PLUS TERMZNZX ZNTERNAT[ONAL P TOMARK SPORTS TR EAOeAY GRAPHICS TROPHY CENTER OF ALTA U.S. GUAROS CO.~ UMPS ARE US UNOERGROUNC 5VC. ALERT OF SO* CALZF UNZFZRST UNIFORM SERVICE UM ~QUE CREaTiONS UNZGUE CR[ATZONS Oa CHECKa OVERLAP BUSINESS LICENSE REFUNDS 137348 130.02 PRINTS # 137349 209.28 PROGRESS ESTIMATE 137350 5.985.92 BUSINESS LICENSE REFUNDS 137351 130.32 LANDSCAPE SUPPLIES t 137352 6~, 954.58 TIRE REPAIR il 137353 Z76.00 RECREATION REFUND 13735* 3.035.00 JANITORZAL SERVICE 137355 6.228.3Z M~XNTENANCE SUPPLIES 137356 1.265.48 SERVICE AND SUPPLIES 137357 331.22 MAINTENANCE SUPPLIES e 137358 463.64 ~EEO ABATEMENT SERVICES 137359 9~263.22 SUBSCriPTiON ~37 360 3%2.00 MONTHL~ SERVICE 13736~ CAL-ID P~OGRAM 137362 TELETHON SUPPORT e 137~3 POLICE SUPPLIES ~ 137364 NAXNT SUPPLIES I 137~5 6~6.92 OFFZCE SUPPLIES ~37366 PROGRESS ESTIMATE ~37~7 3e390.00 TELE P~ONE SERVICES 137~6 ~88.L0 SE RVZCE/SUPPLZE S g ~3736~ ~AXNTENANCE SUPPLIES 137371 109.10 OFFICE SUPPLIES e 137372 323.83 SUBSCRIPTION ~37373 DAY CAPP SUPPLIES 137374 114.99 ((( 137375- 137~80 MONTHL~ ELECTRIC bILLS e 137~81 15~122.74 LABOR ~ND SUPPLIES ~ 137382 3~336.00 VEHICLE NAXNT SUPPLIES/SERVICE e 137393 224.39 MAINTENANCE SUPPLIES e 137384 TRAFFIC S~GNAL MAINTENANCE 137385 3.536.68 SHARPS PROGRAM e X~7386 264070 BUSINESS LICENSE REFUNDS 137~7 15.00 SUPPLIES 1373~8 293.&9 BUSZNESS LICENSE REFU~ 137389 Z~2.00 RECREATION REFUNDS 137391 35.00 ALARM S~RV~CE 1~7 ~92 577.77 POLICE DEPT SUPPLIES 137393 46.15 MONTHLY PEST CONTROL SERVICE e 137394 307.00 MAINTENANCE SUPPL[ES ~373~5 POLICE OEPT SUPPLIES ~37396 RECREAT~ ON SUPPL~E S ~ 13739~ ~.054.53 SECURXTY GUARO SERVICE a 137398 2~086.37 UMP SERVICES a 137399 UNOERGROUNO SERVICE ALERT 137400 212.75 UNIFORM SERVICES ~ 137401 RECREATXON SUPPLIES ~37402 ~3.34 1ST 4X0 KITS 137403 60.57 FOR P,:R,~OO: 03-10-99 (98/99) RUN DATE: 03/10/99 PAGE: 6 VENDOR NAME ITEN DESCRIPTZON WARR NO WARRo ANT. ~ CHECKJ OVERLAP 1ZZ6 UNITED PARCEL SERVICE UPS SERVICE I 137404 25°75 489 UPLAND! CITY OF MONTHLT UATER 6ZLLING 137405 ~ 327.33 5307 VALLEN SAFETT SERVICE & SUPPLIES J 137406 5.776o87 3141 VAN TECH MAINTENANCE SUPPLIES J 137407 1t166o94 61Z3 vER SALES BUSINESS LICENSE REFUND 137~08 404.06 3412 VIKING OFFICE PRO0~TS OFFICE SUPPLIES 137409 5285 VIKING TIRE VEHICLE SUPPLIES # 137410 1~222o54 1103 VISTA PAINT MAZNT SUPPLIES 137411 492°20 5870 VLSYSTEMSt INC. CONPUTER HARDUARE e 137412 12t642o01 286~ ~ALL STREET JOURNAL SUBSCRIPTION 13T413 ~9.00 478 uARREN ~ C8.e CARL LXABXLXTY CLAIMS 137414 450.00 5384 UAUSAU TILE INC. S£RVICE : SUPPLIES 137415 g13 ¥AXIEe KLEEN-LINE CORP HAINT SUPPLIES t 137416 2t431.86 4577 ~ELLS FARGO GUARO SERVICES SECURITY GUARD SERVICES J 137417 1t200o17 5526 NEST GROUP PUBLISHING t 137418 6Z8o99 6099 ~H~TAKERt RICHARO LEG~$LAT2VE TRIP TO SACTO J 137419 270°00 11356 M[LSON~ SUSAN RECREATION REFUNDS 137410 12.50 4746 ~RE ~ORKS~ ETC. SUPPLIES 137~21 ~1~10 ~ZTHERSPOONt OORTH¥ RECREATION REFUNOS , 137421 35°00 509 ~EROX CORPGRAT~ON COPT MACHINE SUPPLIES/SERVICE e 137423 688°26 TOTAL 361,353o5~ &iTY OF RANCHU CUCAMONGA LiST OF WARRANTS FOR PERIOJ= 03-17-99 (98/99) RUN DATE: 03/17/99 ~AGE: 1 VENDOR NAME ITEM 0E$CRIPTION WARE NO WARP. AMT. ~ CHECKS OVERLAP ! A A EQUIPMENT RENTALS C0o~INC. VgHICLE MAiNTENANCE/SUPPLiES I37426 615.Z5 ZI! A D T SECURITY SE~VICES~ INC. ALARM SERVICE ~37427 ZBZ.00 Z73Z A~C LOCKSMITHS MAINTENANCE SUPPLIES S 137~Z8 7 ABLETRDNICS MAINTENANCE SUPPLIES ~ 137~29 247.01 4347 ACCURATE SMOG~ AUTO, T~UCK & VEHICL~ MAiNTENANCE/SUPPLIES 137430 ~10o59 1~ ACTION TRAVEL AGENCY AIRLINE TICKETS 137631 552.00 5Z~l A£F SYSTEMS CONSULTiNG~ INC. PRCFESSIDNAL SERVICES · 13763Z ,~250.00 <<< 13~433 - 137~33 1526 AIR?OUCH CELLULA~ CELLULAR PHONE BILLINGS ~ 13763& ~207 ALERT COMMUNICATIONS CO. INSTALLATION/SERVICE ~ 137435 4,027.77 6052 AMERICAN CABLE ENTERTAINMENT ADVERTISING FEE 137436 37.73 6052 AMERICAN CABLE ENTERTAINMENT A~VERTISING FEE 137437 2906 AMERICAN THERMOPLASTIC COMPANY OFFICE SUPPLIES ~ 13743~ 802.59 2693 AMTECH ELEVATOR SERVICES MONTHLY SERVICE ~ 137~39 70~.ZO 5912 APPLIED INDUSTRIAL TECHNJLOGIES MAINTENANCE SUPPLIES a 137440 Z~ AR~OR NURSERY iNC. MAINTENANCc SUPPLIES · 1374~! 5607 ARChITERRA DESIGN G20UP PRCF~SSIONAL SERVICES 1374~Z 5£~3 ~LY SOUND PRO~ESSIONAL SERVICES 137~43 350.00 !135 AUTO SPECIALISTS VRHICL~ MAINTENANCF 137&&~ 4475 BARNES & NDEL~ LIBRARY SUPPLIES e 137445 47 BELL L HOWELL PRJFESSIDNAL SERVICE ~ 137~6 0067 BERRYMAN L HENIGAR PRRF~SSiONAL SERV[CE~ 1374~T 5,~&0.00 e~l BEST bUY CO., iNC. ~FFICE SUPPLIES 137~8 10.7o ~81 BLUE SHIELD/CARE AMERICA M~OICAL PREMIUM 137~49 30½5 BOMA/INLANL EMPIRE OmFICE SUPPLIES 137450 520.00 <<< 1~7~51 - 13745Z ~b9 ~RUDART DOCKS LibRARY SUPPLIES # I~7~53 53~1 BUCKNAM ~ ASSuCIATES CONSULTANT SERVICES e 137454 4898 BUYERS LABORATORY, INC. SUBSCRIPTION 137~55 i~5.00 21119 C C P 0 A SO. CHAPTER CONfeReNCE MEMBERSHIP DUES 137~56 5712 C R R A ANNUAL CONFERENCE 137~57 385°00 4BB CHEVRON U S A, INC GASOLINE CHARGES 137458 75.03 6095 CHILDCRAFT-EDUCATION CSqP. RECREATION KEFUND ~ 137½59 32.20 3118 CHINO HILL~ TRANSMISSIJN VEHICLE MAINTENANCE 137460 1,~36.58 73 CITRUS MOTORS ONTARIO, INC. VEHICLE MAINTENANCE/SUPPLIeS 117½6! 3063 CITY CLcRKS ASSOCIATION OF CALIF. CITY CLE~K'S ~NNUAL CONF. 137~62 570.00 ?~ CITY RENTALS E~UIPMENT RENTAL/SUPPLILS 137463 I?~.~0 ~o$~ CLAYTON~ JAN~E CCPO~ MEETING ~ 137~6~ · 949 CLOUT REGISTRATION S 137½65 ]75.00 ~OI COMPUSA~ INC. MAINTmNANCE SUPPLIES 137466 133.61 b~3 COMPUTERLAND COMPUTER MAINTENANCE/SUPPLIES m 137~67 2,256.29 6~05 CORDURA. ALDO RECREATION REFdN~ 137458 23.Z5 85 CUCAMONGA CO WATER OIST MONTHLY WATER BILLINGS I 137~70 239 D & K CONCRETE Co STREET MAINTENANCE e 137~71 ~,381o14 4084 DAMES [ MOORE BUSINESS LICENSE REFUND 137472 1291 DATAVAULT - U.S. SA:E DEPOSIT CO. DATA STORAGE 137473 301.75 61~5 D~VIS, SAM CONTRACT SERVICES 137~74 555.00 4366 DEMCO~ INC. OFFICE SUPPLIES 137475 19.65 107 DETCO OFFICE SUPPLIES ~ 137476 268.B3 383~ DEWALD DEMOLITION PROFESSIONAL SERVICES 137~77 ~,500.00 CITY J~ 2~NCH] CUCAMONG~ LIST OF wARRANTS FC~ P~RIOD: 03-17-9~ RUN DATE: 03/17/~9 PAGE: 2 VENDO~ NAME ITEM DESCRIPTION WARR NO WARR. AMT. ~ CHECK~ OVERLAP 585 DICTAPHONE ~FFICE SUPPLIES 137~78 133.53 3hal7 OOSO0, THEODCRA RECREATION REFUND 137479 25.00 3661B OOYLE~ KATHY RECREATION REFUND ~ 137~80 lO0.00 ~o619 ~CDNO~ICS PRESS, :NC.~ THE suasCRIPTION 137~$1 ZE.Dg ~52¢ ELLISON EOUCATIJNAL c~U~PMENT ~NC. LIaRART SUPPLIES 137~82 432.53 23~9 ESGIL CORP. PRO=ESSIONAL SERVICES 137483 4,590.55 380~ ETIWANOA SCHOOL DISTRICT FACILITY RENTAL 1~748~ 2,450.00 229 EmING IRRIGATION PR3DUCTS IRRIGATION SUPPLIES ~ 137485 ]04o14 ~521 EXPERtAN PROFESSIONAL SERVICES 137~86 50.00 5~[7 FASTENAL COMPANY MAINTENANCE SUPPLIES · 137¢87 62.~o 12~ F~NCE CRAFT ~F UPLAND, INC. MAINTENANCE SUPPLIES 137~88 15.52 blOl FiVE STAR CATERING PRCF~SSIONAL SERVICES # 137½89 13.07 36620 FOREMOST PACKAGING BUSINESS LICENSE REFUNO Z37~QO 23.00 I14~ FRAME-ART ~FFICE SUPPLILS 137~gl 1,310o24 6~74 EUKUSHIMA, JudiTH PRCFESSIONAL S~RV~CES l~T&g2 1,117.50 45~0 b~L~ G~OUP L[~RARY ~OGRS 137~93 36559 GARMAN, M~GAN CASH AGVANC~ 137~9~ 100.00 2315 GAS~OY iNT£RNATiDNAL, INC. PROFESSIONAL SERVICES 137~95 56~3 GEO PLASTICS, INC. MAINTENANCE SUPPLIES 137&36 ~,077.57 3388 GOLDiN 6£A~ AR~ORISTS, iNC. PROFkSSIONAL SERVICES m 137497 274137o00 366£1 GkANL[BAKKkN CCNFEK~NCc C~TE~ REGISTRATION F[~S 137~9~ ~01~ GRANT, ~IT~ iNSTruCTOR DAYMENT · 137~9~ 3~ZT GREEN ROCK PCWc~ t~OlPM~NT MAINTSNANCE SUPPLIES 137500 51.2- <<< 13750! - 137501 1~7 GTE CALIF3RNIA MONTHLY T~LEPHONE BILLINGS ~ 137502 590.12 ~160 GTR TRANSPORTATION CORPORATION MAINTkNANCE SUPPLItS 13750] 3~20 H~¥NES, FRANKLIN PUPPET WORKSHOP 13750~ 462 HCS-CUTLER STEEL CO. E~UIPMEN? MAINTENANCE 137505 ½~Z~ H3CKE~ .EST RECREATION 13750~ 246.30 ~I$0 HOLIDAY PRiNTIN~ PRINTING OF THE G~APEVINE 137507 16,278.82 158 HOLLIDAY ROCK CO., iNC. MAINTENANCE SUPPLIES e 137508 946.0~ 2255 HOLT'S AUTC ELECTRIC MAINTENANCE SUPPLIES 137509 80.51 1234 HCSEMAN MAINTENANC~ SUPPLIES 137510 495 HYD~O-SCAP~ PRODUCTS, INC LANDSCAPE MAINTENANCE SUPPLIES a 13751! 126.7~ 103 I C M A RETIReMeNT TRUST-457 DEFERRED COME 137512 721.00 113~3 iANNONE, MARCIA SUPPLIES 137513 50.00 327~ ICI OULUX PAINT CENTERS MAINTENANCE SUPPLIES 137514 5m~2 ICMA RETIREMENT TRUST - 401 01 ~ 137515 ~017o38 ~150 IMAGE SALES, INC. RECREATION REFUNB 137516 1121 INDEPENDENT ELECTFENICS MAINTENANCE 137517 65.50 46 INGUSTRIAL ASPHALT MAINTENANCE SUPPLIES ~ 137518 595.23 ~22 INLAND VALLEY LAiLY BULLETIN ADVERTISING 137519 75.00 6139 KAUFMAN AN~ BRJAD REIMB. PEST CNTRL REGISTRATION 137520 &IZ8 KELLY EQUIPMENT VEHICLE SUPPLIES # 137521 572.01 1½9 KING, L. Oo PROFESSIONAL SERVICES 137522 21,699.$3 21152 KIPNESS, SYLVIA RECREATION REFUNO 137523 52.00 bOO0 K~NG~ SOPHAK BUSINESS LICENSE REFUND 137524 47~.00 6155 ~TPTA ASSOCIATES, INC. PROFESSIONAL SERVICES e 137525 15,BOa. Z1 3338 LAKESMORE LEARNING MATERIALS RECREATION SUPPLIES ~ 137526 71.42 321 LANDSCAPE WEST~ INC. LANDSCAPE MAINTENANCE # 137527 10~,087.49 ~g7 cEAGUE OF CALIFORNIA CITIES ANNUAL DUES e 137528 815.00 VENOOR NAME LILEURN C~RPORATION LOPEZ, JORGE LOS ANGELES TIMES MARIPOSA HORTICULTURAL ~NToINC. MARTINEZ TOWING ANO AUTOMOTIVE MASTERS, TIM MAYEr, COBLE ~ PALMER MCALLISTER DESIGN METRO MOBILE COMMUNICATIONS M~NTEREY H~TEL MORITA, OUANE MOUNTAIN VIEW GLASS & MIRROR MRS NELSON°S TOY ~ ~00K STORE NATIONAL GEFEKREO NATIONAL RECREATION ~ PARK ASSOC. NATIONAL RECR£ATI~N ~ PA~K ASSOC. N~TIGNAL RECREATION ~ PARR ASSOC. N~W HOPE MEDICAL WEIGHT L~S OCLC, INC. O~FICE OEPCT OFFICE SOLgTION$ GLiVIER, MICHAEL OMNITRANS ONTARIO~ CITY OF ]RAN~E CCuNTY ~TRIPIN~ 3¥C, iNC. OWEN ELECTRIC PAGENET PA~NELL, TIM PETERSON, JILL PIRON, SHAUN PITNEY BOw~S PITTS, LISA P3MSNA INL VALLEY CNCL OF CHURCHES PiRCU, DANIEL PRAXAIR CISTRI~UTiDN, iNC. PRUDENTIAL OVmkALL SUPPLY PUTMAN, BILL .~UADRANT SYSTEMS~ ~NC. 2UALTIY ~NE ENGRAVERS R ~ R AUTOMOTIv5 R & R G~RAGE DOORS RADISSON HOTEL RANCHO CuCAMONG~ FIqE DISTRICT RELIABILITY ASSESSED MAINTENANCE REXEL CALCON ELECTRICAL SUPPLIES RIALTO, CITY 3F RICE FIRE PROTECTION RM EQUIPMENT, INC ROTARY CORPORATION LZST WF WARRANTS m~R P£RIOD: 03-17-99 (98/99) RUN DATE: 03/1T/gO PAGE: 3 ITEM DESCRIPTION WARR NO WARR. AMT CMECKe OVERLAP PROFESSIONAL SERVICES e 1375Z9 1,610.00 RECReaTION REFUND # 137530 40.00 SUBSCRIPTION 137531 1,048.95 <(< 137532 - I3753Z LANDSCAPE MAINTENANCE { 137533 Z3,Z26.05 TOWING SERVICES e 137534 150o00 C.E.R.T INSTRUCTOR 1~7535 100.00 PRO~ESSION~L SERVICE 137536 562.50 DESIGN OF BUSINESS CARDS e 137537 1,000.OO MAINTENANCE 137538 200°00 RSCREATION SUPPLIFS 137539 29.17 REGISTRATION ~ 137540 PROFESSIONAL SERVICES 137541 4,035.00 MAINTENANCE SUPPLIES [375~2 I7.78 RECREATION SUPPLIES · 1~75~3 ~17.1~ OFFERrED CDMP 1375~4 Z,1IZ.00 NRP~ M~ETING REGISTRATION ~ 137545 NRPA MEETING REGISTRATION 137546 70°00 NRPA MEETING REGISTRATION 137547 70.00 3USlN~SS LICENSE RFFUN~ 137548 57.70 C~RE SERVICES CHARGES 13754g 132.15 OFFICE SUPPLIi S m 137550 SUPPLi:S ~ 137551 2,319.4} RE IM BURSEME NT I37552 t 6~. 00 ~US PASSES 137553 ~90.50 ,IU&RTERL¥ 6ILLING 137554 ~USINES$ LICENSE 137555 2,074°20 MAINTENANCE SUPPLIES ~ 137556 $07.41 P~GING SERVICE 137557 ~6~.1~ CERT INSTRUCTOR PAYMENT i37558 lOG.00 RECREATION REFUNDS ' 137559 35.00 SL~S REGULATIONS WORKSHOP 137560 306.00 POSTAGE METER RENTAL m 137561 127.54 RECREATION REFUN~ 137562 Zlb.00 WEST END HUNGER PROGRAM 137563 391.50 RECREATION,ENTERTaINMENT 137564 125.00 MAINT/R~CREATION SUPPLIES ~ 137565 173.70 MAINTENANCE SUPPLIFS ~ 137566 47.04 WANG COMPUTER SERVICE 137567 101.98 OFFICE SUPPLIES ~ 137568 87.00 j~FICE SUPPLIES 13756g VEHICLE MAINT,SUPPLIES&SERVICE 137570 56.~5 BUSINESS LICENSE REFUND 137571 CONFERENCE, HOTEL RESERVATIONS 137572 SALARY AND BENEFITS 137573 217o22 BUSINESS LICENSE REFUNDS 137574 Z~.97 ELECTRICAL SUPPLIES ~ 137575 REGISTRATION I37576 ~.0~ BUSINESS LICENSE REFUNDS 137577 27.20 BUSINESS LICENSE REFUNDS 1~7578 5.40 MAINTENANCE SUPPLIES ~37579 219o25 LIST J~ w4RRaNTS RUN OATE: 0~/17/99 PAGE: ........................................................................................................ ;':~;; .................... VENOOR NGH~ ~TEH O~S~R~PTION WARR NO ~ARK 5072 aT LAWPENCE CORPORATION *r~4 RUSH, CHRIS 214 SAN BERN COUNTY SOLID WA~TE MGMT 132 SAN OIEGO f~OT~;Y BROOM CO, INC 5OBm SANTA FE SPRINGS, CITY OF 1/05 $~AL FURNITURE ~ SYST~M~ INC. ~185 SETON IDENTIFICATION PRODUCTS 1~29 SHARED TECH. FAIRCHILD TELECON~ SIGN SHOP~ THE SMART C ~INAL SO CALIF EDISON CO. SOUTHERN CALiFj~NIA EDISON STEELWk~2KzRS OLDTIM:RS FOUNDATION STEELWORKERS ~L~TIMERS FOUNCATiON TALAT%, A~NAV~Z TARGET SPeCiALTY P~3DUCTS TAUSS[G & aSSOCIAT[St iNC., DAVZG e569 TE['5 PLUS 39~2 T~RNINIX INTtRNAT~ONAL P 1136~ T[MBERWCLp 3~37 UN~FZRST UNIFORM SiRVICE 560t uNIQUE MANAGEMENT ~RVICES, INC. IZZo UNIf~D P&RCEL Sm~vICE ~69 UPLANDs C~TT 0F ~TZZ VALLEY CREST LANDSCAPE ~002 WAST~ MANAGEMENT 213 WAXIE, KLEEN-LLNE CORP ~577 WELLS FARGa GUARD S~RVICES 11365 W~ST END HISTORY 6099 WHITAKER~ RICHARD 509 XEROX CORPORAT I0N 2021 YORK [NDUST~IE~ ~8 ZEP HANUFACTbR~NG COMPANY INC ~m CHECKm OVFRLAP COMPUTFR CONSULTANTS 137580 INSTRUCTOR PAYMENT 137581 231.00 MONTHLY SERVICE 1375JZ 7,154.07 MAINT SUPPLICS 137583 LITERACY PROGRAM ~3758~ OFFICE SUPPLIES 137585 61.25 MAINTENANCE SUPPLIES 1375a6 TcLE PHONE SERVICES ~ 137587 356.25 eOSINESS LICENSE REFUNDS 137588 50.00 M~INT SUPPC[ES 1~7589 18.86 L[aRARY SUPPLIES 137590 DAY CAMP SUPPLIES e 137591 299.86 <<c 13759Z- ~37592 MONTHLY ELECTRIC RILLINGS a 13759~ 23,930.51 (<< 13759~ - 137597 MONTHLY ELECTRIC BILLS g 157~98 OLgTIME~S FOUNOATION 1375~9 0LOTTHEWS FOUNDAT[ON 137600 6~6.67 R~CR~ATiON REFUNDS 137e01 ' M~INT SUPPLIES 137602 ~CREATION ~EFUND 137603 Zt061.5'~ OFFICE SUPPLILS 13760~ 2~5.00 POLICE DEPT SUPPLIES 137605 MONTHLY PEST CONTROL SERVICE ~ 137606 J5~.00 ~USINESS LICENSE REFUNOS 137~07 15.00 UNIFORM SERVICES 13?60~ MANAGEMENT SERVICES 1~7b09 ~05.6~ UPS Sc~VICE 1376~0 ~e.00 MONTHLY wATER ~[LLING 137611 ~,786.00 LANDSCAPE SUPPLILS ~ 137612 1~9'~I.22 wASTE MANAGEMENT e 13761J 493-q3 M~INT SUPPLIES ~ 137614 3,322.96 SECurITY GuAR~ SERVICES e ~376~5 l,LSi.7I SUPPLIES 1~7616 25.00 LEGISLATIVE TRIP TO SACTO e 137617 105.00 COPY MACHINE SUPPLIES/SERVICE 137618 977.~5 GRAFFITI REMGVS~ 137619 VEHICLE M~INT SUPPLIES ~ 137620 3~0.29 CERT iNSTRUCTOR 137621 100.00 TOTAL 511,866.01 CItY OF RANCHO CUCA#ONGA LIST OF WARRANTS FOR PERIOD: 03-2&-99 (98/99) RUN DATE: 03/25/99 PAGE: 1 VENDOR NAME ITEM DESCRIPTION WARR NO WARRo AMT. ~ CHECKe OVERLAP 5811 wESTCOAST SAFETY SUPPLY SAFETY SUPPLIES 129814~ 839°75- ((( 1Z9815 - 133674 5811 WESTCOAST SAFETY SUPPLY SAFETY SUPPLIES 133675~ <¢( 133676 - 137092 581 SAN BERN COUNTY CAL-ID PROGRAM ~ 137093~ 1~661o95- ((( 137094 - 137144 581 SAN BERN COUNTY CAL-[D PROGRAM 137145G ((( 137146 - 137418 6099 WHITAKER~ RICHARD L~G~$LATIVE TRIP TO SACTO e 137419~ 270.00- ((( 137420 - 137520 4128 KELLY EQuIPmENT VEHICLE SUPPLIES ~ 137521~ 572.01- (<< 137522 - 137527 197 L~AGUE OF CALIFORNIA CITIES ANNUAL DUES a 137528~ 815.00- <(¢ 137529 - 137621 197 L~AGUE OF CALIFORNIA C[T[[S ANNUAL DUES · 1~7622~ 125.00 197 LEAGUE UF CALIFORN[A CITIES ANNUAL DUES · 137623~ 690.00 (<( 137624 - 137626 5956 100~ SOCCER RECREATION SUPPLIES # 137627 93.58 4635 A & K PHOTOGRAPHY PHOTO DEVELOPING & SUPPLI[S e 137628 <(< 13r6Z~ - 1376~9 10 A g R TIRE SERVICE VbH~CLE MAINTENANCE e 137630 3s319.66 I A A E~UIPMENT RENTALS COotINC. VEHICLE MAINTENANCE/SUPPLIES 137631 2543 A-1 EQUIPMENT SALES. INC. MAINTENANCE SUPPLIES 137632 16~993o50 7 ABLETRONIC5 MAINTENANCE SUPPLIES 137633 31o03 5792 ADAMs ROBERT INSTRUCTOR PAYMENT 137634 144.00 · 361 ADVANCED COPY SYSTENS OFFICE EQUIPMENT 137635 1826 AIRTOUCH CELLULAR CELLULAR PHONE BILL[NOS # 137636 1~348o86 4207 ALERT COMMUNICATIONS CO. INSTALLATION/SERVICE 137637 208.97 ~448 ALL WELDING MAINTENANCE REPAIRS 137638 50.00 3191 ALMBLAD~ KEN E. TRAVEL EXPENSES 137639 318.35 3778 ALPERTt MELANIE INSTRUCTOR PAYMENT 137~0 11146.00 973 ALPHAGRAPH[CS OFFICE SUPPLIES a 137641 120.86 6172 ALTA LOMA CHARTER LINES OEPOSIT 137642 500.00 1430 AMERICAN ~USINES$ FORMS OPF~C~ SUPPLIES 137643 2e532o91 5658 AMERICAN FIRST AID & SAFETY SUPPLIES 137644 76o18 5970 AMERICAN PAYROLL ASSOCIATION MEMBERSHIP DUES 1376~5 155.00 6149 ANTZSTA DIESEL R~PAIR VEHICLE MAINTENANCE SUPPLIES 137646 2e178o08 24 ARBOR NURSERY INC. MAINTENANCE SUPPLIES 137647 3e421o06 ((( 137648 - 137668 667 ARROWHEAD CREDIT UNION VISA MONTHLY BILLINGS e 137,f,~9 3e053o69 4102 B & K ELECTRIC WHOLESALE MAINTENANCE SUPPLIES # 137650 5e263o33 6128 BALU~ dEAN-CLAUDE INSTRUCTOR PAYMENT 137651 216.00 6120 BEAR NOUNTAIN SKI RESORT REPLACE STOLEN SNOWBOARO 137652 300.00 5522 &EAR STATE PUMP & E~UIPMENT CORP. SERVICE & REPAIRS 137653 39~.25 5791 BELETTO~ NANCY INSTRUCTOR PAYMENT 137654 240°00 555 BENEFIELO. KINGSLEY INSTRUCTOR PAYMENT 137655 172.B0 5119 BEN$ON~ MAURY INSTRUCTOR PAYNENT 137656 336.00 6067 BERRYMAN & HENIGAR PROFESSZONAL SERVZCES 137657 4441 BEST BUY CO.~ INC. OFFICE SUPPLIES 137658 40o9! 1247 6LAKE PAPER COo~ INC. RECREATION SUPPLZES 137659 65°78 4699 BORONERe MARGIE INSTRUCTOR PMT 137660 681.00 ! ! ! ! ! ! VENDOR NAME 5145 60SEe RA TH INP'RA 4369 8RODART BOCKS 1166 BRUNSWICK DEER CREEK LANES 6151 BRYNGELSON PRINTS 6158 6UILDER'S BO(~Ke INC. S591 BURCHFIELD, DARRELL SSZ 8URK-BLACKSCHLEGERe ROSEANN 4063 C 0 G MATERIALSe INC. 105! CAL ~E~TERN PAINT ~35 CALOL~MP~C SAFET~ 6~SZ CANNON P~ANOS 86~ CAREER TRACK MSZ 68 CENTRAL CITIES S~GN SERVICE 7~3 CH~CK'S SP~RT~NG GOODS T~ C~TY RENTALS 9~9 CLARKe KAREN ~65e CLAYTON~ JANICE ~g~9 CLOUT 21157 COFFEE~ SONJA 3073 COLORAMA ~HQLESAL~ NURSERY 2~70 COLTON TRUCK SUPPLY 5~07 COMBINED MARTIAL SCIENCE · 301 COHPUSA, 130 COMPUTER SERVICE CO 6165 CONSUMER REPORTS 4907 CONTRACTORS EQUIPMENT CO. 6176 COROURAe LORA 2051 COUNTRY ESTATE FENCE CO.e INC. 5748 CROSSROADS TRAFFIC SIGNAL PACKAGE 85 CUCAMONGA CO WATER OIST 2115& CUTHBERTe JOHN 36612 0 I k CONSTRUCTION 4488 OAGHOEVIRIANe KATHY 6145 OAVISe SAM 5121 OE ¥00GHTe SCOTT J. 107 DETCO 553& DIAL COMMUNICATIONS 4544 OXCKe ERIC 5788 DUFFY~ RICK/USKD .937 DYNASTY SCREEN PRINTING 6069 EDU-TECH CDRPo, THE 5767 ELITE PERSONNEL SERVICES. 5613 EMPIRE REPROGRAPHICS 36624 ESSIGe JENNIFER 229 EWING IRRIGATION PRODUCTS 4914 EXCLUSIVE ENAG~S IZ3 FEDERAL EXPRESS CORP 2909 FILTER RECYCLING SER¥ICEt INC. [NC. CITY OF RANCHO CUCANDNGA LIST OF WARRANTS ~DR PERIOD: 03-14-99 (98/99) RUN DATE: 03/ZS/99 PAGE: 2 ITEM DESCRIPTION MARR NO WARRo AMY. ~ CHECKe OVERLAP CASH ADVANCE 137661 45.75 <<( 137662 - 137661 LIBRARY SUPPLIES # 137663 INSTRUCTOR PAYMENT 137664 380.80 RECREATION REFUND 137665 1~329o09 BUSINESS LICENSE REFUND 137666 54.36 INSTRUCTOR PAYMENT 137667 175.50 INSTRUCTOR PMT 137668 3~447o60 MAINTENANCE SUPPLIES 137669 875.00 MAINTENANCE SUPPLIES ~ 137670 ZeOZOo31 NAINTENANCE SUPPLIES ~ 137671 438°52 RECREATION REFUND 137671 IZO.00 REGISTRATION 137673 MAINTENANCE SUPPLIES ~ 137674 1,446o10 RECREATION SUPPLIES ! 137675 102.92 E~UiPNENT RENTAL/SUPPLIES ~ 137676 452°84 INSTRUCTOR PAYMENT 137677 140o00 CCPOA MEETING ~ 137678 102o35 REGISTRATION e 137679 75°00 RECREATION REFUN~ 137680 IS.00 LANDSCAPE MAINTENANCE SUPPLIES 137681 115.35 VEHICLE MAINTENANCE SUPPLIES · 137682 566.10 INSTRUCTOR PAYMENT 137683 456.00 MAINTENANCE SUPPLIES 137684 152o89 ((¢ 137685 - 137686 SIGNAL MAINTENANCE/SUPPLIES e 137687 8~874o66 RECREATION REFUND 137688 26°00 E~UIPMENT ~ 137689 337.87 RECREATIO~ REFUND 137690 25.00 MAINTENANCE SUPPLIES/REPAIRS # 137691 1,454o11 TRAFFIC DESIGN PACKAGE 137692 956.61 <<< 137693 - 137695 >)) MONTHLY ~ATER BILLINGS # 137696 9p474.08 RECREATION REFUND # 137697 50.00 DEPOSIT REFUND 137698 INSTRUCTOR PAYMENT 137699 383°40 CONTRACT SERVICES 137700 562o50 PROFESSIONAL SERVICES ~ 137701 360.00 OFFICE SUPPLIES 137702 24.Z4 PROFESSIONAL SERVICES 137703 10Z.54 EMPLOYEE OF THE MONTH e 137704 75°00 INSTRUCTOR PAYMENT 137705 520~00 RECREATION SUPPLIES 137706 1e436~6~ OFFICE SUPPLIES 137707 84°40 P~ RSONNEL SERVICES I 137708 Z4ToZ5 MAINTENANCE SUPPLIES 137709 36.66 RECREATION REFUND 137710 37°00 IRRIGATION SUPPLIES # 137711 739oZZ OFFICE SUPPLIES 13771Z 60.34 DELIVERY SERVICE ~ 137713 51.00 MA:NTENANCE SUPPLIES a 137714 120.00 VENDOR 36625 1081' 36626 3356 1684 3992 550Z 3388 3388 36623 6129 3507 3827 5387 137 5699 5909 2855 4984 820 3334 5460 4845 437 4033 4852 1377 31333 3634 161 1866 495 167 4188 3736 3885 4747 92 2315 31332 3'*52 171 1941 5214 60 1z CITY OF RANCHO CUCAMONGA LIST OF WARRANTS FOR PERIOD: 03-24-99 (98/99) RUN DATE: 03/25/99 PAGE: 3 NAME ITEM DESCRIPTION WARR NO WARR. ANT. FLORES, MICHELLE FRANKLIN COVEY CO. GAGLIA, DAWN GARCIA, VIVIAN GENTRY BROS, INC. GIBBY'S FENCING MATERIALS GIORDANO, MARiANNA GOLOEN BEAR ARBORISTS, INC. GOLOEN BEAR ARBORISTS, INC. GONTHtER, PATRICIA GOODWIN, WENDY GOVERNING GREEN ROCK POWER EQUIPMENT GST TELECOM CALIFORNIA GTE CALIFORNIA HARALAM805 BEVERAGE COMPANY HASTY AWARDS HAVEN WINE ~ LIQUOR CO. HAWTHORNE LIFT SYSTEMS HCS-CUTLER STEEL CC. HEARD PoH.D., EDWARD HEILIG, KELLY HIDALGO. CARLO HILLSIDE COMMUNITY CHURCH HINDERLITER, de LLAMAS & ASSOCIATES HOCKEY wEST HOME DEPOT CREDIT SERVICE HOPKINS, HOPPER°S DRAFTING FURNITURE [ EQUIP HOUGHTON, ROSIE VELEZ HOUSE OF RUTH HOYT LUMBER CO., HOYT, RAYMOND HUB CONSTRUCTION SPECIALTIES HYDRO-SCAPE PRODUCTS, INC I C B O I O BURR INLAND EMPIRE SOCCER REFEREE ASSN. INLAND LAWNMOWER INLAND LIERARY SYSTEM INLAND VALLEY DAIL~ BULLETIN INLAND WHOLESALE NURSER1 INSURANCE ~OUCATION ASSOC. INTRAVAIA ROCK & SAND JACKSO~HIRSH~ INC. JACOBSEN DIVISION 2F TEXTRON, INC. JOHBSONe SANDRA JONES LUMBER JONES, KEITH RECREATION REFUND OFFICE SUPPLIES RECREATION REFUND MILEAGE REIMBURSEMENT PROGRESS PAYMENTS MAINTENANCE SUPPLIES INSTRUCTOR PAYMENT PROFESSIONAL SERVICES PROFESSIONAL SERVICES REIMBURSEMENT INSTRUCTOR PAYMENT SUBSCRIPTION MAINTENANCE SUPPLIES INTE RNET SERVICES (<< 137729 MONTHLY TELEPHONE BILLINGS RECREATION SUPPLIES RECREATION SUPPLIES SUB-COMMITTEE MEETINGS MISC E~UIPMENT EQUIPMENT MAINTENANCE INSTRUCTOR PMT INSTRUCTOR PAYMENT INSTRUCTOR PAYMENT MONTHLY RENT SALES TAX AUDIT SERVICES RECREATION <(( 137743 MAINTENANCE SUPPLIES MILEAGE RELMBURSEMENT OFFICE SUPPLIES RECREATION 93/94 CDBG CONTRACT MAINTENANCE SUPPLIES INSTRUCTOR PAYMENT MAINTENANCE SUPPLIES LANDSCAPE MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES MEN'S SOCCER PROGRAM VEHICLE MAINTENANCE MEMBERSHIP DUES SUBSCRIPTIONS MAINTENANCE SUPPLIES MEETING MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES MAINT SUPPLIES INSTRUCTOR PAYMENT BUSINESS LICENSE REFUND INSTRUCTOR PAYMENT CHECKe OVERLAP 137715 137716 137717 137718 137719 137720 137721 137722 137723 137724 137725 137726 1377Z7 137728 137730 137731 137732 137733 137734 137735 137736 137737 137738 137739 137740 137741 137742 137743 137744 137745 137746 137747 137746 137749 137750 137751 137752 137753 137754 137755 137756 137757 137758 137759 137760 137761 137762 137763 137764 137765 137766 39.50 3Z.Z5 45.00 23.25 14~454o19 177.52 72.00 23,860.00 40~114.80 300.00 9.00 15.00 9°75 1,060.00 9,170.$9 638.20 498.Z0 435.45 14.07 29.83 189.00 977.77 190.50 1,000.00 2,946.33 1,199.60 1,690o66 25.76 34.10 37.50 613.00 180o22 1.188.90 19.67 585.22 55.00 332.63 4.251.00 89.16 32.63 4,329.12 208.74 140.00 25o00 338.85 104.63 68.00 6.292060 86.40 CITY OF RANCHO CUCAMONGA LIST OF OARRANTS FOR PERIOD: 03-24-99 (98/99) RUN DATE: 03125199 VENDOR NAME ITEN DESCRIPTION WARR NO WARR. ANT. CHECK# OVERLAP 179 KAISER FOUNDAT:ON HEALTH PLAN NE~ZCAL INSURANCE 137767 6139 KAUFMAN AND BROAD REZMB. PEST CNTRL REGISTRATION 137768 &329 KING, PATRICK :NSTRUCTOR PAYMENT I37769 1Z18 KNOX MAINTENANCE SUPPLIES # I37770 6090 KONG, SOPHAK 8USZNESS LICENSE REFUND 137771 *982 KORANDA CONSTRUCTION CoD. B.G. 13777Z 172 KOZLOVICHt DEBBIE INSTRUCTOR PAYMENT 137773 561! LAERDAL MEDICAL CORPORATION RECREATION SUPPLIES 13777& 193 LAIRD CONSTRUCTION CO PROFESSIONAL SERVICES # 137775 3133, LAMaARD, LINDA RECREATION 137776 5216 LAS ROSAS - EMMA SORCINI INSTRUCTOR PAYMENT 137777 8*9 LANSON PRODUCTSt INC. MAINTENANCE SUPPLIES e 137778 60*5 LEGAL DEFENSE FUND RECREATION REFUND 137779 5886 LIGHTNING FENCE CO. COMMUNITY TRAILS a 137780 57Z LINEAR SYSTEMS MAINTENANCE SUPPLIES 137781 1655 LDNG'S DRUGS FILM PROCESSING 137782 5662 LOS ANGELES COCA CCLA 3TL. -CO. RECREATION SUPPLIES e 137783 5313 LOWEr MARIAAN~ INSTRUCTOR PAYMENT 13778* 3156 LU°S LIGHTHOUSE, ~NC. OIL ANALYSIS e 137785 600 LYNCH, JANZE RECREATION SUPPLIES 137786 *~06 NAKSHANOFFt ¼ILLIAM No REIMB. ICBO MEETING EXPENSES a 137787 549 MARIPOSA HORTICULTURAL ENT.INC. LANDSCAPE MAINTENANCE · 137788 ,701 MARSHALL, SYLVIA RECREATION REFUND 137789 3O861 MASI COMMERCE CENTER PARTNERS RELEASE OF OEPOSIT 137790 5283 MATER, CDBL~ g PALMER PROFESSIONAL SERVICE 137791 51~8 ~CCLINTON TRUCKING CO.tZNC, J.C. MAINTENANCE SUPPLIES 137792 2198 MICHAELS STORES INC. ~3019 RECREATION SUPPLIES 137793 ~291 MODERN ALLOYS MAINTENANCE SUPPLIES 137796 5987 MOUNTAIN FRESH DRINKING EATER SYS. MAINTENANCE SUPPLIES 137795 1020 MOUNTAIN VIEM GLASS & N:RROR MAINTENANCE SUPPL:ES 137796 6166 NATIONAL ~ILCLIFE FEDERATION RECREATION REFUND · 137797 5221 NORSTAR INDUSTRIES MAINT EQUIP 137798 5975 NORTHERN ~UALITY PROOUCTS MAINTENANCE 137799 ~31~ NRPA MEMBERSHIP DUES 137800 ((C 137801 - 137801 523 OFFICE DEPOT OFFICE SUPPLIES I 137802 6068 OLD HICKORY CONSTR~TION CHAFFEY GARCIA BARN CONST. 137803 31331 OLLMANt MICHAEL REIMBURSEMENT 137806 S27 OLYMPIC STUOIOS INSTRUCTOR PAYMENT 137805 386~ ONTARIO ICE SKAT:NG CENTER INSTRUCTOR PAYMENT 137806 <(( 137807 - 137807 S*61 ORCHARD SUPPLY HARDWARE MAINTENANCE SUPPLIES e 137808 338 PACIFIC EQUZPT L IRRIGATION, INC. MAINTENANCE SUPPLIES 137809 1823 PAGENET PAGING SERVICE e 137810 ~223 PAPER D[RECTt INC. RECREATION SUPPLIES 137811 31336 PARHAMt ELAINE RECREATION 137812 5318 PARKERr SHANNON INSTRUCTOR PAYMENT 137813 687 PATTON SALES CORP. MAINTENANCE SUPPLIES 137816 31335 PFEIFFERt ALZCZA RECREATION 137815 S597 PHOTOMAX SUPPLY CO. MA:NTENANCE SUPPLIES e 137816 61*8 PIRON~ SHAUN SEHS REGULATIONS gORKSHOP 137817 26,252.59 3,630.15 150o00 3*3.90 662.00 3,595.00 560.30 28,707.90 57.66 13Z.00 1,057.05 198.00 4,602.05 153.59 31033 636.66 270.00 65.66 31.62 382.65 68,276o86 814.25 3~750.00 1,250.00 974.037 40.44 3ZZ.BZ 37.00 236.08 300.00 35.55 58.3* 35000 3t656.70 156000 60000 2,433°37 38*000 1,971.99 57.16 799.37 291.65 ZOO.00 19Z.00 13.96 .5.00 lt229o07 269.00 CITY OF RANCHO CUCAMONGA LIST OF WARRANTS ~DR PERIJO: 03-24-99 C98/99) RUN DATE: 03/25/99 PAGE: 5 VENDOR NAME ITEM DESCRIPTION WARR NO WARR. AMT. ~-~ CHECK# OVERLAP 6089 PITTS, LISA RECREATION REFUND 137818 ZZD.00 1049 POMONA VALLEY KAWASAKI VEHICLE MAINTENANCE SUPPLIES 137819 6Zbo12 2719 PONCHAUD, JANICE INSTRUCTOR PAYMENT 137820 108o00 693 POgERST~ZDE BATTERY CO.t INC. VEHICLE M~ZNTENANCE SUPPLIES 137821 67.3~ 758 PRAXAIR DISTRZBUTZON, INC. ~AINT/RECREATION SUPPLIES ~ 137822 45.36 5316 PRECISION GYPNASTICS INSTRUCTOR PAYMENT 137823 204.00 65 PRuDeNTIAL OVERALL SUPPLY HAINTENANCE SUPPLZES ~3782~ ~08.26 1890 R E R LIGHTING MAINTENANCE S~RV~CE/SUPPLZES · 237825 3813 ~ C PHOTOGRAPHY ~ ASSOCIATES PHOTO SUPPLIES 137826 167.01 26~ ~ALPHS GROCERY COMPANY RECREATION SUPPLZ~S 137827 34.69 5174 RANCHO CUCAMONGA F~MILY YHCA PRCGRAM ASSISTANCE PROGRAM 137828 800.00 2~00 RANCHO CUCAMONGA FIRE OISTRZCT SALARY AND BENEFITS 137829 13m784.50 5665 R~GULATION COMPLIANCEm INC. TRaINiNG S~RVIC~S 137830 118.00 gT6 R~VERS/DE ELUEPR~NT PRINTS e 137631 78.23 6075 ROAD AH~RZCA~ INC. RECREATION R~FUNO i37832 626 ROBLESt RAUL P.~ SR. TIRE REPA:R 137833 65.50 16 ROTARY CORPORATION MAINTENANCE SUPPLIES 13783~ ~70~ RUSH~ CHRIS INSTRUCTOR PAYMENT 137835 ~2.50 57~5 SAFELITE GLASS CORP. SERVICE ANO SUPPLIES ~37836 Z~6.78 I~67 SALAN~ OLIVIA RECREA!tON REFUNOS 137~7 303 SAN BERN COUNTY ENGINEERZNG OFFICE SUPPLIES ~37838 200.00 581 SAN BERN COUNTY CAL-IO PROGRAM 137839 3~,8~8.96 32~9 SAN BERN COUNTY FILING FEE 1~7a~0 26.00 5029 SAN BERN COUNTY F:RE OEPT. UNDERGROUND TANKS 1~78~1 355.00 301 SAN BERN COUNTY SHERIFFS CONTRACT SHERIFFS SERVICE 1378&2 1~583.95 53~7 SANTANAe LIVIER INSTRUCTOR PAYMENT 1378~3 289.80 13T5 SCANTWON SERVICE GROUP CONTRACT RENEWAL e ~3~344 743.29 6~62 SCHECHTMAN CONSTRUCr~ON~ INC. REFUND BUSINESS L~CENSE ~378~5 36~685.00 5060 SCORE COMMUNITY SERVICES SUPPLIES 137~6 2,259.09 1105 SEAL FURNITURE : SYSTEMS INC. OFFICE SUPPLIES a 1328&? 6173 SENCER~ ERIC 5US~N~SS L~CENSE REFUND 1378&8 5o3~ SENN~ C~NDY ~NSTRUCTOR PAYMENT 1378~9 208.80 21~5 SETON IDENTiFiCATION P~ODUCTS NA~NT~NANCE SUPPLIES ~ 137S50 122.91 1829 SHAR~O TECH. FAiRCHiLD TEL~CO~ ~NC TELEPHONE SERVICES 137~51 1~83.33 6127 SH~ELDS~ ZACH BUSINESS L~CENSE REFUND 13785~ 1~.00 351 SIGN SHOPt THE MAINT SUPPLIES 137853 4513 SIMON ~ SCHUSTER L2BRAR~ SUPPLIES I 13785~ 38.84 4534 SIX FLAGS MAGIC MOUNTAIN COHMUN~TY SERVICES TICKETS 137855 ~53~ S~X FLAGS HAG~C MOUNTAIN COmMUNiTY SERVICES T~CKETS 137856 1327 SHART ~ F[NAL OA~ CAPP SUPPLIES e 137857 319 SO CAL[F GAS COMPANY MONTHLY GAS BILLS a 137858 2,995.16 <(C 137859- 137860 143Z SOUTHERN CAL[FORN[A EO[SON MONTHLY ELECTRIC BILLS ~ 137861 9,559.38 750 SPECIALTY TTPE~R~TER SERVICE TYPEWRITER SERVICE e 137862 99.72 5887 SUN BADGE CO. BADGES 137863 5730 SUTHERLANO~ STEPHEN CERT ~NSTRUCTOR 137&6~ 100.00 ~111 S~FTY SiGN SIGN O~SPLAYS 137865 99.56 5410 [ g D ~NSTALLAT[ONS SUPPLIES e 137866 150.00 Z3&& TARGET YOUTH PROGRAM g DAY CAMP SUPPL e 137867 15&.87 3942 TERNSNIX [NTERNAT:ONAL P MONTHLY PEST CONTROL SERVICE 137868 135.00 2718 TERRY~ DONNA [NS/RUCTOR PAYNENT 137869 CITY 3F RANCHO CUCAMONGA LIST OF OARRANTS FOR PERIO0:03-24-99 (98/99) RUN OATE: 03/25/99 PAGE: 6 VENDOR NAME ITEM OESCRIPTION WARR NO WARR. AMT. ~0 CHECK# OVERLAP 3333 TOODt SYLVIA INSTRUCTOR PAYMENT 137870 63.00 11330 TORKELSONt MARJORIE RECREATION REFUNDS 137871 28°00 11368 TOTTENt ROCHELLE RECREATION REFUNDS 137871 48.00 5988 TRANSTECH ENGINEERSt INC. PROGRESS ESTIMATE #1 137873 18,665.00 4448 TREADWAY GRAPHICS POLICE OEPT SUPPLIES I37674 984.21 Z?3T U C REGENTS POCKET GUIDE 137875 170o2! 2958 UMPS ARE US ASSOCIATION UMP SERVICES # 137876 4t4S5o00 343? UNIFIRST UNIFORM SERVICE UNIFORM SERVICES ~ 137877 6IDA5 4106 UNIQUE CREATIONS 1ST AID KITS # 13T878 134o66 4716 UNZSOURCE CORPORATION MAINTENANCE SUPPLIES 137879 96.98 1126 UNITED PARCEL SERVICE UPS SERVICE ~ 137880 55o13 1681 UNITED STATES POSTAL SERVICE POSTAGE METER MONTHLY SERVICES 13788! 719 UNITED ~AY NEETINGS 137881 ZOoO0 5891 VALLEY SLURRY SEAL CO. MAINTENANCE 137883 15,T18o86 5285 VIKING TIRE VEHICLE SUPPLIES 137864 3!6o91 5660 VINEYARD gEST RECREATION 137885 525.00 · Tl~ ¥PO LIBRARY SUPPLIES # 137~86 64°38 11366 ~AICZISt AZCPt M~CHAEL R. PUBLICATIONS 137887 45.00 5811 wESTCOAST SAFETY SUPPLY SAFETY SUPPLIES a 137888 6t75 WESTERN P~LY DRUM BUSINESS LICENSE REFUNO 137889 86.20 6099 ~HITAKERt RICHARD LEGISLATIVE TRIP TO SACTO e 137890 5853 ~:RELESS NETWORK SUPPLIES 137691 6175 NRIGHT~ LET~CIA BUSINESS LICENSE REFUND 137892 45°00 509 XEROX CORPgRATZON COPY MACHINE SUPPLIES/SERVICE # 137893 4e783o56 5566 ¥OSHI'S LAWN MOWER SHOP LAWNMOWER SALES & REPAIR 13789¢ I,Z30.eO 371 [EE MEDICAL SERVICE RECREATION SUPPLIES # 137895 53.98 3~8 ZEP MANUFACTURING COMPANY VEHICL£ MAINT SUPPLIES X37896 80~.05 TOTAL 536,938°66 CIT'¥ (')1: RANC[.!() CUCAMONGA STAFF R.EPORT DATE: TO: FROM: BY: SIJBJECT: April 7,1999 Mayor and Members of the City Council Jack Lain, AICP, City Manage):' Kevin McArdle. Com:munity Services Director Dave Moore, Recreation Superintendent APPROVAL OF THE PARK AND RECREATION COMMISSION'S RECOMMENDATION TO INSTALL TWO (2) COCA COLA BEVERAGE MACHINES IN SPRUCE AVENUE PARK RECOMMENDATION: The Park and Recreation Commission recommends that City Council approves Coca Cola' s proposal to install two (2) beverage machines in Spruce Avenue Park. BACKGROUND/ANALYSIS: Community Services staff have met with Coca Cola representatives concerning installation of two (12) beverage machines. Coca Cola is proposing that two Coca Cola beverage machines be installed adjacent to the restrooms providing a beverage service to park visitors and skate facility participants. The two machines would be secured and caged in such a manner to discourage vandalism. Attached are some photos indicating the recommended beverage 'vending machine installation location at Spruce Avenue Park and m~ example installation at another city park outside Rancho Cucamonga that Coca Cola services. Note: The iprotective cages that enclose the vending machines will be painted a color that matches the facility they will be installed adjacent to. Coca Cola will install the two machines and protective cages at their expense and according to the City code requirements. Coca Cola will be responsible for the collection of monies and will repair any damage or vandalism concerning the machines and protective cages. Coca Cola will compensate the City a monthly commission representing 30% of gross sales excluding tax. Coca Cola will also provide I¥ee service and repair in the event cff equipment malfimction or vandalism. Coca Cola has agreed to guarantee to re:munerate the City at least $2,000 in commission. If the City doesn't generate $2,000 in commissions fbr one year. Coca Cola will reimburse the City the difference. Staff t~lt it was important that Coca Cola provide this guarantee to insure all electrical expenses are met. Mayor and Members of the City Council Coca Cola Machines at ~$}pruce Avenue Park April 7. 1999 Page 2 Staff has reviewed the proposal and sees some benefit to Spruce Avenue Park visitors and Skate Facility participants. Currently, the City houses five (5) beverage vending machines at four of it's community centers. These vending machines are utilized daily by a number of center participants. Staff concludes that the two Coca Cola machines recommended for Spruce Avenue Park will presumably be used more than those at the com:munity centers. However, since this would be the first City park which has been considered for installation of beverage vending machines, it is recommended that the machines be installed for a trial period of one year. This provides the City an opportunity to review any notable problems or complaints concerning the beverage machines and whether it's in the City's best interest to contin'ue the service. If successful, the City may eventually' want to review other sites where this service may be received thvorably by the public. Particularly those sites with high participation which lack snack bar thcilities, such as the Epicenter and Sports Complex Expanded Parking Lot where the Youth Roller Hockey program conducts its games and practices throughout the year. Respectfully submitted~;~ ~7 Kevin McArdle Conlmunity Services Director KM/mam Attachment skateprk\cccokemach.99 BEVERAGE AGREEMENT The COCA- COLA BOTTLING COMPANY of Southern California makes the following offer available to The City of Rancho Cucamonga for exclusive sales of Carbonated beverages, and Non-Carbonated beverages through Coca-Cola vending equipment at the Rancho Cucamonga Skate Park. The COCA-COLA BOTTLING COMPANY of Southern California agrees to provide the following: 1. Term of Agreement · April 1, 1999 through April 1, 2000 The COCA-COLA BOTTLING COMPANY of Southern California agrees to provide, install, and maintain all of the equipment necessary to facilitate the continued sale of' the products described above. iFree loaned equipment Commission Rate of 30% based on a $1.00 vend price Commissions will be paid on a monthly basis Minimum of $2,000 to be paid in commissions by 12th month of contract (if commissions April 1, 1999 - March 31, 2000 are less than $2,000 in total, the difference will be paid in one sum to The City of Rancho Cucamonga) *see vandalism clause Free service and repair in the event of equipment malfunction or vandalism II. The City of Rancho Cucamonga agrees to support the following: 1. Term of Agreement April 1, 1999 through April 1, 2000 2. Beverage Sales The City of Rancho Cucamonga agrees to the exclusive sales of carbonated beverages and non-carbonated through Coca- Cola vending equipment at The Rancho Cucamonga Skate Park. The City of Rancho Cucamonga agrees to allow a 2 Coca- Cola vending :machines at the Skate Park sight location (1 Carbonated 20oz vender and 1 Non-Carbonated 20oz vender) at $1.00 vend price 3. Termination This agreement may be terminated if either party fails to fulfill the terms as stated. Coca-Cola will have the Rights of First Negotiation and Refusal upon expiration of this Agreement for any similar agreement regarding iBeverage availability and Rights of First Negotiation and Refusal for any new forms of advertising or sponsorship (with regards to Beverage Advertising Only) offered at The Rancho Cucamonga Skate Park. * Vandalism Clause: In the event of excessive vandalism (3+ attempts), Coca- Cola and The City of Rancho Cucatnonga will meet together to evaluate the profitability of keeping the vending equipment in place. Coca-Cola will not be held responsible for the $2,000 minimum commission to The City of Rancho Cucamonga. Profits to The City of Rancho Cucamonga will be based solely on case sales (30% @ $1.00 vend). III. Conclusion Both the COCA-COLA BOTTLING COMPANY of SOUTHERN CALIFORNIA, Rancho Cucamonga and The City of Rancho Cucamonga, having read the agreement and understanding the 2o conditions, agrees to enter into same this 1999. day of By By Title COCA-COLA BOTTLING COMPANY of SOUTHERN CALIFORNIA Title City of Rancho Cucamonga Community Services 21 CITY OF RANClIO CUCAMONGA STAFF REPORT DATE: April 7, 1999 TO: FROM: Mayor and Members of the City Council Jack Lain, AICP, City Manager William J. O'Neil, City Engineer BY: SUBJECT: Linda R. Beek, Jr. Engineered? ACCEPT THE ASSUMPTION OF LIABILITY RIDER, TRANSFERRING LIABILITY FOR THE FAITHFUL PERFORMANCE BOND AND LABOR AND MATERIAL BOND FOR TRACT 12659-2, LOCATED AT ETIWANDA AND WILSON STREET, FROM FIREMAN'S FUND INSURANCE COMPANY TO SAFECO INSURANCE COMPANY OF AMERICA. SUBMITTED BY CENTEX HOMES RECOMMENDATION: Centex Homes has submitted Assumption of Liability Riders tbr Tract 12659-2, changing the liability tbr the l':aithful Pcrlbrmancc and Labor and Material Bonds numbers 1112732418 ! from Fireman's Fund Insurance Company to SAFECO Insurance Company of America. It is recommended that the City Council accept said Assumption of Liability Rider. ilACKGROUN!)/ANALYSIS: As a condition of approval of completion of Tract 12659-2, located at Etiwanda and Wilson Street, Centex Homes was required to submit Faithful Performance and Labor and Material Bonds. They are requesting that the bonds be transferred form Fireman's Fund Insurance Company to SAFECO Insurance Company of America. Respectfully submitted, City Engineer WJO:LRB:Is City of Rancho Cucamonga Engineering Department TRACT 12659-2 WILSON AVENUE f~ NORTH CiTY OF RANCktO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY SUBJECT: April 7, 1999 Mayor and Members of the City Council Jack Larn, AICP, City Manager William J. O'Neil, City Engineer Willie Valbuena, Assistant Engineer APPROVAL OF A RESOLUTION OF INTENTION TO VACATE PORTIONS OF TWO ALLEYS, GENERALLY WITHIN THE NORTHTOWN AREA, LOCATED ON THE SOUTH SIDE OF FERON BOULEVARD, WEST OF HERMOSA AVENUE AND SETTING THE DATE OF THE PUBLIC HEARING FOR MAY 5, 1999 RECOMMENDATION It is recommended that the City Council adopt the attached resolution setting the public hearing for May 5, 1999, for the vacation ofportions of two alleys, general ly within the Northtown area, located on the south side of Feron Boulevard, west of Hermosa Avem,e In addition, said resolution authorizes the City Cterk to cause same resolution to be published 14 days prior to the public hearing. BACKGROUN D/ANA LYSIS Northtown Housing Development Company (NTHDC) is currently processing CUP 98-30 for construction of a Community Center. In conjunction with this processing, NTHDC has requested the vacation of certain unimproved alleys that are contiguous to the proposed Community Center. These alleys are currently not being used for access by adjacent properties since there are no visible openings from the adjoining properties. Basically, these alleys are just "paper" alleys that were created with the original North Cucamonga Subdivision in 1887 and are not needed for public use. Utility companies, other agencies and various City divisions have been notified of the proposed vacation and were asked for comments. There were no objections to the vacation from any of the groups notified. However, as far as the affected. property owners are concern, they will be notified by mail of this proposed vacation prior to City Council action on May 5, 1999. CITY COUNCIL STAFF REPORT April 7, 1999 Page 2 The vacation is consistent with the goals and objectives of the circulation element of the General Plan. The alleys in this area of the City are also not included or required as "community travel routes" of the General Plan. On January 27, 1999, the Planning Commission determined the vacation conforms to the General Plan and recommended the vacation occur. The: staff report is being re-submitted as there was an oversight of publishing the resolution 14 days before date set for the public hearing Respectfully Submitted, William J~ O'Neil City Engineer WJO:WV:dlw Attachments C ,Ai~O I,Y ~eodz'z' CITY OF RANCHO CUCAMONGA ~3NG~G DIVISION vici/V/77' hfA P N Z7 RESOLUTION NO. 9tq- tO 75' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTIONS OF ALLEYS GENERALLY WITHIN THE NORTHTOWN AREA, LOCATED ON THE SOUTH SIDE OF FERON BOULEVARD, WEST OF HERMOSA AVENUE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Counc:il hereby elects to proceed under Section 8300, et. seq., of the Streets and Highways Code, also known as tile Street Vacation Act of 194 I. SECTION 2: That the City Council hereby declares its intention to vacate a portion of ALLEYS GENERALLY WITHIN THE Northtown Area located on the south side of Feron Boulevard, west of Hermosa Avenue, as shown on Map No. V- 161 on file in the Office of the City Clerk, which has been further described in the legal descriptions which are attached hereto marked Exhibits "A" and "B" and by reference are: made a part hereof. SECTION 3: That tile City Council hereby fixes Wednesday, the 5th day of May, 1999, at 7:00 pro., in the City Council Chambers, located at i 0500 Civic Center Drive, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation for the purpose of its determining whether said City street is necessary for present or prospective street purposes. SECTION 4: That the City Street Superintendent shall cause notices to be posted conspicuously along the line of the street or part thereof proposed to be vacated at least 14 days before the hearing, not more than 300 feet apart and not less than three signs shall be posted, each of which shall have a copy of this resolution on them and shall have the following title in lettering not less than one inch in height: "NOTICE OF HEARING TO VACATE STREET". SECTION 5: The subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record SECTION 6: The Mayor shall sign this Resolution and the City Clerk shall attest to tile same, and the City Clerk shall cause same to be published ! 4 days before the date set for the hearing, at least once in Inland Valley Daily Bulletin, a newspaper of general circulation published in tile City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. EXHIBIT "A" LEGAL DESCRIPTION Those portions of'Block .5 oFIhe Map oFIhc Town oFWest Cu~a~nonga, as r~:cordcd in Elook 13 oFMaps, pages ! and 2, records oFIhc County Recorder oFlhc County orSan Elcmardino, Sta(c oFCaliForn~a, more panicu!~ly described as Follows: .' PARCEL That potlion oFLot 6 of'said Block .5 lying westerly oFIhc castcdy 135.00 Fcc( o£sald B lock 5. Contains 2,400 Squirc Fcct PARCEL B: Tha~ ponion oFthc 20 Foot w~dc unn.mcd risht oFway bounded on (he wcs( by ihc southerly projcczlon oFzhc westerly llnc o,r'Loc I0 ,,nd on the cast by thc southerly projection o£thc westerly linc oFlhc easterly $ £cc~ oFLo( 7 all of'said Ellock 5. Contains 1,900 Squarc Fccl Scc allached Exhlbh "El" allached hcrcm a~d made a parl thereoF. PREPARED BY: Dcrblsh, Gucrra & Associalcs '"'" 833 1 Utica Avcnuc, St,ilc 150 Rancho Cucamonga, Calil'orn[a 91730 (909) 987-4306 , Danic' E. Guerra R.C.~. 29224 Dalc v'-/cY/ 2q E,vd4tBIT 'B' FERON L01' '7, jLOC~ ~ I.(~ , -- BO UL.L'vAJ~O -f 1.1/I- 40* MAP SHALL ACCOMPANY LEGAL DESCRIPTION 0 25 5JO SCALE: ~/- IGI 30 DATE: TO: FROM: SU BJ ECT: April 7, 1999 Mayor mid Mcmbcrs of the Cilv Council Jack lxun, AICP, City Manager William J. O'Neil, City Engineer APPROVAL TO EN]ER INTO AN AGREEMENTWITH SOUTHERN CALIFORNIA EI)ISON FOR THE ROUTING OF Uq'ILI'FY LINES IN THE VICINITY OF ARROW ttlGItWAY AND WHITE OAK AVENLIE AT A COST NOT TO EXCEED $130,000. 'FILE PROJECT IS TO BE FUNDED FROM RDA A(X~OUNT 15~51000. RECOMMENDATION: It is recommended that the City Council approve to enter into an Agreement with Southern Calilbmia Edison for the routing of utility lines in the vicinity of Arrow Highway and White Oak Avcnuc at a cost not to exceed $130,000. The project is to be funded from RDA Account 15-51000. BACKGROUND/ANALYSIS: On June 3, 1998, the Public Works Subcommittcc considered a request from Southern California Edison and BitP Steel to construct m~ overhead 66KV line from Edison transmission line south of the Santa Fe tracks, north to tcnninate on the north side of Arrow Highway, roughly along White Oak Avcnue. The 66KV line is a transmission line which will be used primarily by BHP Steel, but could be used by other industrial concerns in fire area. BHP Steel is willing to pay for the construction oftIris line The Public Works Subcommittee considered various routes proposed by Southern California Edison for this project. The Subcommittee approved the route along White Oak Avenue beginning at the Metrolink line on the Santa Fc tracks; norfl~ along White Oak Avenue to Tacoma Drive; east on Tacoma Drive to Oakwood Avenue; north on Oakwood Avenue to Arrow ttighway mid terminating at BHP Steel on fi~e north side of Arrow Highway. This is the preferred route based on the desire to not have 66KV poles along Arrow Highway which is ama. jor thoroughfare. ~Fhe route chosen will provide the least obtrusive placement of poles in the City. The Redevelopment Agency had previously reserved funds for the BHP project and cconomic dcvclopmcnt purposes. BHP Steel requested the City allocate $1.. J,000 toward this prqjcct. These funds will ensure that the route will be as designated by the Public Works Subcorem ittee. qhe Public Works Subcommittee has rccommendcd this action. Respec),fu~ submitted, ~ Willimn370'Neil, City Engineer WJO:sd CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: April 7, 1999 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Willie Valbuena, Assistant Engineer APPROVAL. OF IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR TRACT 13851, LOCATED NORTH OF WILSON AVENUE, WEST OF DEER CREEK CHANNEL, SUBMITTED BY DPDG FUND 1, LLC AND P,,ELEASE OF PREVIOUSLY SUBMITTED IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES ACCEPTED BY CITY COUNCIL ON JANUARY 3, 1990 AND ON AUGUST !, 1990 RESPECTIVELY, SUBMITTED BY PACIFIC INTERNATIONAL DEVELOPMiEN'F, INC~ RECOMMENDATION It is recommended that the City Council adopt the attached resolution accepting the new Improvement Agreement and Securities and releasing tile previously Improvement Agreement and Securities and authorizing the City Clerk to sign and release said agreement. BACKGROUND/ANALYSIS The Map, Improvement Agreement and Securities for Tract 13851, located north of Wilson Avenue, ,,vest of Deer Creek Channel was approved by the City Council on January 3, 1990. The Tract Map was recorded on January 25, 1990. This project is for division of 38 90 acres into 6I lots. The Developer, DPDG Fund I, LLC, is subm itting an agreement and securities to guarantee the construction of the public improvements in the following amounts: Faithful Pefibrmance Bond: Labor and M'aterial Bond: $ 852,400.00 $ 426,200.00 The above mentioned securities shall replace the securities submitted by the original developer, Pacific International Development, Inc., and accepted by City Council on January 3, 1990 and on August 1, 1990, respectively. By process of this agreement, DPDG Fund I, LLC, as the new Developer, has responsibility of the project. Copies of the agreement and securities are available in the City Clerk's Office. Respectfully submitted, W~ ~am'~ City Engineer WJO:WV:dlw Attachment t.H/_L ~ / DE ~I)N iV~ T I O N ,~ L FO £ E ~ T T£Ac T No. ~,4 N VA,,'v' ..~ T~££ T ~ CITY OF RANCHO CUCAMONGA ENG~G DIVIMIO1W N ~: TA=/~5'/ ~T.~.: V/ C //V/ 7' Y' A'/,4 t~ ~,,XH i Hr~. ~ // R~;SOLUTION NO. ~9- c~ '7 ~ A RESOLUTION OF THE CI'FY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR TRACT 13851 AND RELEASING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES PREVIOUSLY ACCEPTED BY CITY COUNCIL ON JANUARY 3, 1990 AND AUGUST I, 1990, RESPECTIVELY WHEREAS, the City Council of the City of Rancho Cucamonga, California, has tbr its consideration an Improvement Agreement executed on April 7, 1999, by DPDG Fund I, LLC, as Developer, for the improvements of public right-of-way specifically described therein for Tract 13851, and generally located north of Wilson Avenue and west of Deer Creek Channel; and WHEREAS,, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Securities, which are identified in said Improvement Agreement; and WHEREAS, the Developer is requesting that the City Council release the Improvement Agreement and Securities previously accepted by City Council on January 3, 1990 and August 1, 1990 respectively and replace them with new Improvement Agreement and Securities NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCttO CUCAMONGA, HEREBY RESOLVES as follows: That said In~provement Agreement and Securities submitted by DPDG Fund I, LLC, are hereby approved; and The previously accepted Improvement Agreement and Securities from Pacific International Development, Inc. are released and the City Clerk is authorized to replace same with said hnprovement Agreement and Securities; and ,¸ The Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest hereto. CITY OF RANCI.IO C[.,:C.AMONGA STAFF REPORT DATE: TO: FROM: BY SUBJECT: April 7, 1999 Mayor and Members of the City Council Jack Lain, AICP, City Manager William J. O'Neil, City Engineer' Willie Valbuena, Assistant Engineer APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND' ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAiNTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 14509, LOCATED EAST OF ttERMOSA AVENUE, SOUTH OF WILSON AVENUE, SUBMITTED BY ICSWH HERMOSA, LLC. RECOMMENDATION: It is recommended that the City Council adopt tile attached resolutions approving Tract Map 14509, accepting the Improvement Agreement, Improvement Securities and ordering the annexation to Landscape Maintenance District No, 1 and Street Lighting Maintenance District Nos. I and 2, and authorizing the Mayor and tile City Clerk to sign said agreement and to cause said map to record. BACKGROUND/ANALYSIS: Tentative Tract 14509, located east of Hermosa Avenue, south of Wilson Avenue, in the Low Residential District, was approved by tile Planning Commission on April 22, 1992, for the division of 3.84 acres of land into 18 lots. Tile Developer, ICSWH Hermosa, LLC, is submitting an Improvement Agreement and Improvement Securities to guarantee the construction of the public improvements in the following amounts: Faithful Performance Bond: Labor and Material Bond: Monumentation Cash Bond.: $ 414,700.00 $ 207,350.00 $ 3,150.00 CITY COUNCIL STAFF REPORT TRACT 14509 ~ ICSWH HERMOSA, LLC April 7, 1999 Page 2 Copies of the agreement and securities are available in the City Clerk's Office. A letter of approval has been received from the Cucamonga County Water District. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Respectfully submitted, William J. O'Neil, City Engineer WJO:WV:dlw Attachments i Hi~/~Z A/VZ~ CITY OF RANCHO CUCAMONGA ENG~G DIVISION N ~7 RESOLUTION NO. 9q- 077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL TRACT MAP 14509 IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES WHEREAS, the Tentative Map of Tract No. 14509, submitted by ICSWH Hermosa, LLC, and consisting of 18 lots, was approved by the Planning Commission of the City of Rancho Cucamonga on April 22, 1992, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Tract Map No. 14509 is the final map of the division of land approved as shown on said Tentative Tract Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Securities by ICSWH Hermosa, LLC, as developer; and WHEREAS, said Developer submits for approval said Tract Map offering for dedication, street, highway and related purposes, the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOliVES, that said Improvement Agreement and said Improvement Securities submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreements on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that tile offi:rs for dedication and tile final map delineating the same for said Tract Map No. 14509 is hereby approved and the City Engineer' is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. ~-~ 7f A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRiCT NO. I AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 14509 WHEREAS, the City Council of the City of Rancho Cucatnonga, California, has previously formed a special maintenance district pursuant to the terms of tile "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of Califbrnia, said special maintenance district known and designated as Landscape Maintenance District No. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (hereinafter referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex tile property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That tim above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the property as shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder. EXHIBIT "A" ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTP, ICT NO. 1 STt~.EET LIGHTING MAINTENANCE DISTRICT NOS. I AND 9.?. ~ COa=A'~/dOD CE OUT/fA'/z?WE z?~ //, ~767 SF CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA NORTI! EX H I B IT "B" WORK PROGRAM PROJECT: TRACT 14509 STREET LIGHTS: Dist. 5800L SI 1 S2 5 NUMBER OF [,AMPS 9500L 16,000L 22.000L 27,5001. LANDSCAPING: Community Equestrian Trail Dist. D.G.S.F. L I 11,970 Turf Non-Turf Trees S,F. SF. Ea. ASSESSMENT UNITS: Assessment Units By District Parcel DU S I S3 L2 N/A 18 18 18 18 Annexation Date: April 7, 1999 CITY ()t:7 RAN(?l-IO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: April 7, 1999 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Nancy Fong, AICP, Senior Planner APPROVAL TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC., TO AUGMENT THE BUDGET FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE VICTORIA ARBORS PROJECT, TO BE FUNDED FROM DEVELOPER DEPOSIT THROUGH ACCOUNT NO. 01-4333-6035 RECOMMENDATION Staff recommends the City Council, through minute action, authorize the Mayor to execute an amendment to the Professional Services Agreement by augmenting the budget to the amount of $52,851 for the subject contract with LSA Associates, Inc. BACKGROUND/ANALYSIS On April 1, 1998, the City Council approved a Professional Services Agreement with LSA Associates for preparation of an Environmental Impact Report (EIR) for the General Plan, Victoria Community Plan, and Etiwanda Specific Plan Amendments, now known as the Victoria Arbors project. The contract amount was approved for $122,805 and the applicant has deposited a total of $135,770, which includes a 5 percent contingency. The budget augment proposed by LSA Associates is $50,351. Staff requests a budget augment of $52,851, including a 5 percent contingency, consistent with the contract agreement. The applicant is aware of the budget augment and agrees with it. Attached are letters from LSA Associates justifying the reasons for this report. The reasons are summarized as follows: The applicant requested, and staff agreed, to change the density data from the worst case scenario to mid-range, which is consistent with the Victoria Community Plan. This data change triggered other changes in the draft EIR such as the traffic analysis, park land impact, and the school impact, etc. The approval of the Traffic Impact Analysis (TIA), a separate report but part of the EIR, was delayed because of the traffic computer modeling problem from SANBAG and because changes were required by SANBAG. CITY COUNCIL STAFF REPORT BUDGET FOR ARBORS April 7, 1999 Page 2 changes were required by SANBAG. The applicant modified their development proposals, which triggered other changes in the Draft EIR. The applicant gave approval to LSA for overtime payment. Staff requested and the applicant agreed to additional land use analysis and consideration of additional land use alternatives to address the adjacent winery site. Respectfully submitted, Brad Bullet City Planner BB:NF:mlg Attachments: Exhibit "A" Exhibit "B" Exhibit "C" - Letter from LSA Associates to Applicant dated July 1, 1998 - Letter from Applicant to LSA Associates dated February 26, 1999 - Letters of Justification for Budget Augment from LSA Associates dated March 5 and March 16, 1999 Sen'(. b~:LSI~ ~qSSO¢I~TE$ IHC Cab-l[-99 g5:37~ Fr'o~ 9097~t4277~9094772847 .'a~e 7x 7 Ju~ 1,1998 To: The File CRG831, Victoria Arbors FAR From: Lynn Calvert-Hayes, Project Man~ger C~ Subject: Applicant Authorized Overtime John blomset of American Beauty Development called at approximately 2:00 p,m. and stated he w'~ willing to pay m~e~fime above and beyond the budget to get the Scretmcheck Draft FIR, Draft FIR and TIA out to the City for re-view in an expeditious mann~. D/rected Accounting Department to open CRGB3LA for all additional m. ertimc work. Called Nancy Fong at the City to let her know the applicant would pay overtime and the project number ~-a$ CGRB31A. qq b~:L$~ ~SOCIATE$ INC Map-04-99 8~.:2G~.m Fro,., 9Bg7814277-).909477.~_~4_.z ~ . ~ag___.._.,e 2~ 2 F~ruary 26, 1990 VIA FACSIMILE 60g 761 4277 Ms. Lynn CeNer~ Hayel LSA Aa~x~atee, inc, 3403 10th 8tre,et, 8ut~ 620 RJver~d®. CA 92501 Re: Rancho Cucamonga - Victorfa Arl~or~ Dear Ms, Calvert. Hay#: Per your mqeuet, thio letter will serve aa confirmalien that Cucamonga 220, L.P. will retrohume the City of Ranoho Cucamonga In the amount of $4~,27'6.00 with r~gard to the LS,A'a buclget e'ugrnemtatlo~ for the extra review of the acr~en check draft EIR and the anatyaia of[l~ ~ Impmot aeeeaament. you have any qu~etlon. with regar~ to the above, pleaee contact me at 981 4000 Ext, 1~ 5. JMM:clf e~ed 1;/T ONI 831VI30SS¥ vS] ~ c9 l!Tnn IUOJJ ~ LSA March 5, 1999 Ms. Nancy' Fong, AICP Community Development Department Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Subject: Explanation of Budget Augment Request for the Victoria Arbors Village Environ- mental Impact Report Dear Nancy, As you had requested, [.SA Associates, Inc. (I.SA) is submitting this clarification as to thc budget request for additional work submitted to the City on February 10, 1999. The follow- ing justi ficalion is in reply to your memo dated March [, 1999. Item I -Ju.~'ttficalion fi~r lite $I 7.400 rcqtte.x'tcd. Additional tirne (manhours) were expended to prepare a second Screencheck DraFt EIR incorporating changes to the analysis in the docu- ment as a result of the changes to the project description (acreage changes proposed by the applicant from 288.77-acres to 291.8-acres, and analysis of the mid-range tbr rcsidcntial)~ The analysis in the first Screencheck EIR was based on the worst case scenario. City staff determined the Victoria Community Plan was based on the mid-range density and asked that the EIR evaluate the mid-range instead of the worst case to be consistent with the Victoria Community Plan. LSA had to update the project land use acres to reflect the revise "net" acres and the acreage discrepancy that was identi- fied by the City. This decreased both the resulting residential dwelling unit counts and the c:ornrncrcial quantities. Prior to receiving the new acreage numbers submitted to us by the appli- cant, the City had given LSA a parcel map which was overlain with the City's Zoning Map to determine actual acreage in the Victoria Community Plan area ti)r the prqjccl. LSA staff time was expended to planimetcr those maps. That work was ncvcr used bccausc the numbers (acreage) ended up tO be not ageLira, lie. 3/5,'99(R:',C R(iR3 I'~A U(iM t'.NT',A ! ;( iM ['iNT3 [ 1' wpd) The City had given LSA revised numbers for parks and schools (thx dated November 13, 1998); however, those numbers are not the numbers that ultimately were used in the Draft EIR. LSA revised the numbers based on new acreage, dwelling units, population and the medium density dwelling unit count. The applicant also submitted a revised site plan that showed the park and school in the center to the project instead of adjacent to the winery as orginally shown in the I~' Screencheck Draft EIR. Changes required to the Is' Screencheck Draft EIR as a result of changes to the project are outlined as lb]lows: Changes required to graphics (Figures 3.4 (new), 3.5, 3.6 (new)). Changes to the analysis in Section 2.4 and 2.5, fi)r land use, public services, parks, schools, and fire and police, and utilities and service systems. Changes Changes to the analysis in the project description, Section 3.0 to the analysis in the land use, Section 4.1. Changes to the analysis in the public lhcilities Section 4.5 (parks, schools, police and fire). Revised the SummaD~ of Impacts Table 1. I Addition of a bikeways Figure 4.5.3 Changes to Section 5.1 as a result of changes to the population pro- posed and dwelling unit count. Review of applicant prepared Specific Plan tbr inclusion in the land use and aesthetics section of the Ell{. Meetings with staff'and the applicant to discuss the changes to the acreage and whether the preliminary site plan (tentative tract map) should bc used in the E1R. (September 4, 1998 and November 19, 1998). Revised the cumulative map (Figure 2.1) per staff comments. Revised the summary table in Section 1.0 of the Draft EIR to rcllect changes in the land use section (4.1), parks, fire, police, air quality and traff}c. P, cvise the traffic section to reflect the changes to the TIA. Word processing time to make the changes. Staff time to prepare the document for copying. Item 2 -. Justification Jbr the requested fi~r incorporating changes because of land uxe alternatives, Additional time (manhours) to prepare thc [)rail F, IR incorporating changes to the analysis in the document as a restlit of the changes required by the City (i.e., alternatives analysis and additional graphics). The City had required that the I,ow Medium range in land use and a parks/school altcma- 3/5/99(R:X,('R(i83 I',AI ;GM I;.N]",A[ I( ;MI!N'I 3 1. [ wpd) q7 tive be evaluated m the EIR. The following changes to the EIR are a result of the addition of these two land use alternatives Changes to the graphics in the alternatives section - as you know Bob LaCost's ththcr passed away during this time and the intbrmation that was sent to us could not be used. The graphics had to redone which is labor intensive,. Revise the analysis m the alternatives section to contain a Low Me- dium Residential alternative and a School/Park alternatives. Changes that were proposed by the changes in proposed project acre- age and the proposed site plan had to incorporated in the alternatives section also. Changes that were made to the TIA and air quality sections in the EIR resulted in changes to the analysis m the alterantives section. Rcvisicms to Section 1.5 Summary of Alternative's Section. Items 5, 6 and 7 - Coxt fiJr $ l, 0 t 6 to provide t;rtra copies. The approved budget assumes one Screencheck Draft EIR. We have pro- vidcd the City with two cycles of the Screencheck Draft EIR including the same tbr the: TIA. "['he TIA alone cost approximately $84.70 each to print. We printed and distributed to the City of Rancho Cucamonga 5 copies of a second Screencheck Draft F. IR and 3 copies of the revised TIA for staff and applicant review and comment for a total cost of $500.00. Items 6 and 7 - Wc had printed and distributed the tbllowing copies of the Draft EIR for public review, Our cost estimate assumed 50 copies. The additional copies for Dwaync and Skip Kuhn and the Planning Commission were not inclu- s:ive of the 53 copies that were provided. Consequently, wc did not ask to be reimbursed for the additional 3 coNes that were not provided for in the original 50 copies. Co._2E~,5 Sent to 1¸1 State Clearinghouse City Library 23 Mailing List City Staff :53 Total Copies Item 6 - The extra copies that were sent to l)waync Morita and Skip Kuhn of Trizec t lahn Centers had already been sent as a part of the original mailing of the Draft EIR. The money spent not only included the printing, mailing (overnight) 3/5/t)9( R :".(?R( i8 31 \A U( iM E NI'~At J( JM I'iNT3 I. [' wpd} qg but staff time to prepare the document t~)r print, printing the document, assem- tiling the documents and preparing the overnight packages. Cost: $300.00 Item 8 - Changes required in the land use dixcussion of the Final EIR. When this budget augment was prepared the City had not dctermincd it wanted to recirculatc the Draft EIR. The costs presented were to revise the land use discussion in the Final EIR to include a land use compatibility discussion with the winery and to provide a clarification in the biological resources discussion~ on wetlands. I hope this answers your questions and clarifies the augment. If you have any questions please feel free to contact me at (909) 781-9310. Sincerely, LSA ASS?~CIATES, i/~'C. Lynn Calw~rt-tlaycs, AICP Project Manager 3/5/t.}9(R:~,('R(~831\AIJ(;MI{N'I~,AIJ(;MI:~NT3[rl wpd) Sent flSSOCI~TES INC => ~':i CUCAMDN(3~ CJM D~V' #2 LSA March 16, 1999 Ms. Nancy Fong, AICP Community Development Department Planning D/vision 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Subjcct: Budget Augment Clarification Request to Prop~rc a Rech'eulan-d Draft Environ- mental ImOaet Report for the Vietor/a Arbors Villa~ De~r N~ncy, As you had requested, LgA A~sociates, Inc. (LSA) is submitting this clarification ~ to the request for a scope of work and budget augment to prepare a recircuk,~xl Draft EIR and the second $creech~ck Draf~ EIR for the Victoria Arbors project. Please delete Item # g La the letlet dated February 10, 1999 which states "Respond to Plan- ning and Engineering staff r~lu~sted r~'isions to the Draft £IR for sulnnittal as the Draft Final EIR incorporating comments and concepts made in the during discussions on the ffTnery (land' use compatlbilit37 and wetland issues. Cost: $2,500.00 ' from the budget. When this budget augment was prepared the City had not determined it wanted to recirculate the Draft EIR. The eo~ts presented in item #8 were to revise the land use discussion in the Final EIR to include a Iand use compatibility discassion with the w3aery and to provide clanficatien m the biological r~otames discu:ssion on wetlands. The recirculated Draft EIR will ctmtain a land use compat~biltty discussion with the wineD, (item #1); therefore; the budget to :revise the land use sect/on has been provided in the budge~ augment request dated March 4, i999. We are requesting a total budget increase of $50,351.00 for the recirculated Draft E/R and the ~ccond Screencheck Draft EI~ wlztch, When added to our current contract of $122,805.00, would bring our total authorization for this work to $173,156.00. Thc $50,351.00 iaclude~ labor and Tcimbunables and is not inclusive of overtime blued to CRGg3 If you have any questions please fi:el fi'ec to contact me at (909) 781-9310. Sincerely, Pro~ect Manager ?t Ricl~,n, ond, [w.m# and S~c*atn~,t,, .fid CI'I"'Y' (')1~ RANCHO CI JCAMONGA STAFF REPORT DATE: April 7, 1999 TO: Mayor, City Council iMembers Jack Lam, AICP, City Manager FROM: BY: SUBJECT: Kevin McArdle, Community Services Director Nettie Nielsen. Recreation Supervisor ~11~\/ APPROVAL TO RENEW Tile CONTRACT WITll [-tOLIDAY PRINTING FOR THE PRINTING OF THE GRAPEVINE IN THE AMOUNT OF $64,600.00 FOR FOUR ISSUES. RECOMMENDATION: That the City Council renew the contract for the quarterly printing of "The Grapevine" brochure to Holiday Printing in the amount of $64,600.00. The coreract is for a one year period and covers the printing of four (4) issues: Summer 1999, Fall 1999, Winter 2000 and Spring 2000. BACKGROUND: Each quarter, Wimer, Spring, Summer and Fall, the City of Rancho Cucamonga publishes a 44 page brochure, "The Grapevine", which includes a City newsletter and recreation program schedule. Each quarter approximately 53,000 copies are printed, 48,000 of which are direct mailed to City residents. City staff does most of the pre-press production in-house including: collection of information, typesetting, layout, graphics and photos. The City contracts with a printer to prepare the final pre-press work, print and bind the magazine and distribute it to the City and to a mailing service, which ultimately delivers "The Grapevine" to the Post Office. In 1997/98 a competitive bid process was completed and the contract was awarded to Holiday Printing, who had been priming the Grapevine for several years. All local printers were provided the opportunity to submit bids on the project. The contract was awarded for a one year period, renewable annually, if performance merits it, for up to three years. After completion of a successful year, the City wishes to renew the contract with Holiday Printing for a second year. The contract amount, $64, 600.00 represents an increase of $5,971 over last year's contract which was $58,629.00. This increase is due to two factors: the original contract called for printing three issues at 40 pages and one issue at 44 pages. The new contract calls for printing all issues at 44 pages. This change represents $4,203 of the increase. The remainder, $1,768.00 ($442 per issue) reflects an increase in paper costs. Last year, during the competitive bidding process, the second lowest bidder was $70,410, well above the Holiday Printing proposal. Staff is confident in the quality of the work from Holiday Printing, and that even with the slight price increase, that the cost is still below that of other competitors. 3-/ City Council Meeting Approval of Contract to Holiday Printing April 7, 1999 Page 2 Fiscal Impact: The amount of the contract is. $64,600.00. The Grapevine printing costs are included Community Services General Fund (01) Budget fbr Fiscal Year 1998/99 and have been submitted for Fiscal Year 1999/2000. Respectfully submitted, Kevih McArdle Community Services Director Dave Moore Nettie Nielsen Karen Silhanek i:grapcvin/holiday2 City of Rancho Cucamonga Community Services Department Contract Services Agreement 1999/2000 Printing of "The Grapevine" This agreement is entered into the City of Rancho Cucamonga by and between the Community Services Departmere, (hereinafter called CITY) and Holiday Printing (hereinafter called CONTRACTOR). Whereas, the CITY needs a protassional primer for the quarterly priming of"The Grapevine" magazine, and whereas the CONTRACTOR has signified a willingness and is qualified to undertake the required work in connection therewith, the following provisions shall govern this contract. 1. TERMS: The terms of this agreement shall be that the CONTRACTOR shall provide printin~ and bindery services on a quarterly basis for the City magazine "The Grapevine", for the following issues: Summer 1999, Fall 1999, Winter 2000 and Sprin~ 2000. 2. PRINTING SPECIFICATIONS: The CONTRACTOR agrees to adhere to these specifications and to furnish the following services to the City: 1) Quarterly printing of the magazine to include fbur (4) issues at forty-fbur (44 pages) each. 2) Paper Required: 50# Eureka recycled or equal. 3) Quantity: 53,000 copies per issue, to be increased if needed. 4) Electronic pre-press services: convert disk to film, shoot/scan, crop and place halftones, blueline, and color key. 5) One side of signature (4 pages) in four color, the remainder in two color (Black and one PMS color). 6) Complete bindery service including stapling and boxing of' issues. 7) Delivery to City specified mailing service and to City Hall - Community Services Department Office. 3. CONDITIONS/ARRANGEMENTS: The CONTRACTOR is responsible for obtaining and supplying all materials, supplies and equipment necessary to provide the service. The CONTRACTOR is also responsible Ibr the care of all City-owned or contracted equipment and property. The CONTRACTOR is to provide and promote quality service and product and reflect a positive image of the CITY. The CONTRACTOR agrees to adhere to the time lines and publication schedule as presemed by the CITY. The CONTRACTOR agrees to pick up computer disks, photos, cover art work and other items relating to the publication of each issues from City Hall after notification from the CITY that the materials are ready. The CITY agrees to provide the C()NTRACTOR with a completed layout, ~bnts, art work, photos and cover design for each issue. 4. COMPENSATION: The CONTRACTOR agrees to provide the CITY with a written invoice after the completion of each issue. The CITY agrees to pay the CONTRACTOR for service rendered in the amount of $16,150 tbr each 44 page issue. Total annual compensation of $64,600.00 based on the specifications outlined. CITY and CONTRACT()R agree to negotiate additional costs that n'my be incurred if the specifications are changed. 5. CONTRACTOR: It is understood that the CONTRACTOR is not an agem or employee of the City but is a self employed person/business and is therelbre not eligible to lay claim to benefits from Social Security, State Unemployment Insurance.. or to those benefits reserved for employees of the City. 6. REPORTING OF INCOME: It is the responsibility of the CONTRACTOR for properly reporting all monies earned as a result of work done for the CITY to the State and Federal Governments. The CITY shall distribute Internal Revenue Form 1099 to the Federal Government describing monies earned by the CONTRACTOR. The CONTRACTOR shall receive a copy for tax purposes. 7. TERMINATION: The CITY shall reserve the right to terminate this contract at any time, upon the fhilure of the CONTRACTOR to comply with the terms and intent of the agreement. 8. CONTRACT LENGTH: This contract is fbr one (1) year and includes the following ibur issues of"The Grapevine": Summer 1999, Fall 1999, Winter 2000 and Spring 2000. At the completion of a successful year of service, the CITY may elect to renew the contract on an annual basis for an additional one (1) year. Befbre the contract cain be renewed the CONTRACTOR must provide the CITY a price quote ibr the year that reflects current paper costs. 9. ASSIGNMENTS: The CONTRACI'OR shall not. under any circumstances, assign this contract or its duties without proper authorization from the CITY. Should such an authorization be granted, the CONTRACTOR agrees; to inform any subcontractor of all stipulations of this agreement. 10. INDEMNIFICATION, HOLD HARMLESS AND DEFENSE: The CONTRACTOR hereby agrees to indemnify, defend, save and hold harmless The City of Rancho Cucamonga, its directors, officers, employees, and agents for any damage or injury to any person or property from any cause whatsoever which may incur, due to the presence and/or activities of the CONTRACTOR on or about premises owned and/or controlled by the CIIY, except for a cause of injury or damage wlfich is the result of the sole negligence or wilful misconduct of the CITY, its employees or servants, I 1. PREVIOUS AGREEMENT: An3" and all existing agreements or renewals between the parties hereto, covering the same subject matter, are hereby canceled and superseded by this agreement and such prior arrangements shall have no lhrther t:brce or effect. City. of Rancho Cucamonga Contractor William J. Alexander, Mayor Business Name Date Owner Address Telephone Signature Date ('q q'T OF 1,,.,\~(.1. I0 CUCA MONG'A S T F F RE PORT DATE: TO: FROM: BY' SUBJECT: April 7, 1999 Mayor and Members of the City ('ouncil ,rack Lain, AICP, City Manager William J. O'Neil, City t!nginee~ Bob Zetterberg, Integrated Waste/NPDES Coordinator APPROVE RI!,NEWAI, OF TIlE COLLECTION CENTER HOUSFAIOI,D I-]AZARDOUS WASTE AGREEMENT WITH TttE COUNTY OF SAN BERNARI)INO SERVICE AREA 70 CONSOLIDATED FIRE DISTRICT (CSA 70 CFD). RECOMMENDATION It is recommended that the City Council approve renewal of tile Collection Center Household Hazardous Waste Renewal Agreement with the San Bernardino County Fire Department 1tousehold Hazardous Waste Division. BACKGROUND The Calitbrnia Public Resources Code requires Cities and Counties to prepare a 11ousehold Hazardous Waste Element (HHWE) to identify the safe collection, recycling, treat~nent and proper disposal of hazardous waste generated by households and separated from tile waste stream. In accordance with the Resources Code requirement the City of Rancho Cucamonga has established a HHW Facility at 12158 Base lane Road, operated by the Engineering/Integrated Waste Management Division and contracting with the County of San Bernardino Fire Department Household ttazardous Waste Division, to train City staff and manage the safe removal of hazardous waste. ANALYSIS The City' of Rancho Cucamonga has operated a HHW Facility since 1987 and has contracted with the County of San Bernardino to properly dispose of household hazardous waste. In Fiscal Year 1998/99 tile City took in over 251,385 pounds ot' HHW from over 3,810 participants. Ill addition to the nom~al Saturday operation tile County also provides support for tile City's Annual Spring Cleanup/HHW Roundup. At last years event we had 400 participants that brought 26,893 pounds of ItFIW to the event. CITY COUNCIL STAFF REPORT COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE AGREEM EN'I' April 7, 1999 Page 2 This agreement is in consideration of mutual covenants and conditions of all parties involved. The City of Rancho Cucamonga agrees t:o operate a HItW Facility at 12158 Base Line Road, open every Saturday from 10:00 am. to 2:00 pro. in accordance with the Divisions' established procedures. Furthermore, the designated and trained employees will label, categorize and pack the waste in accordance with Division Requirements. The waste will be stored in original containers (except used motor oil and antifreeze) and placed in provided containers inside the waste storage area located within the fenced area of the facility The City shall be responsible tbr the maintenance of the thcility, the safety of persons and materials on the property publicize to its residents the need to properly recycle, reduce, store, transport and dispose of Household Hazardous Waste In consideration for the services provided, the City of Rancho Cucamonga shall pay the Division quarterly pay~nents on an amount calculated based on the 1998/99 State of California Department of Finance population at a rate of $0.80 per person. This agreement shall be effective until June 30, 2002, unless otherwise terminated or amended. This agreement is similar to past year and the only change is that it is tbr three years. The agreement has been reviewed and approved by the City Attorney and Engineermg/h~tegrated Waste Division. Respectfully submitted, V~ il~am J.; Nell City Engineer WJO:BZ:bz DATE: TO: FROM: BY: SUBJECT: CITY OF RA~ (.HO CUCAMONGA STAFF REPORT April 7, 1999 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer ~,~ Lucinda E. Hackett, Associate Engin Michael D. Long, Supervising Public Work~;-lrnspector,;j~'[ AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT FOR THE CONSTRUCTION OF THE DAY CREEK BOULEVARD, FROM BASE LINE ROAD TO HIGHLAND AVENUE AND THE HIGHLAND AVENUE RELOCATION IMPROVEMENT PROJECT TO THE APPARENT LOW BIDDER, VANCE CORPORATION IN THE AMOUNT OF :$2,370,486.74 ($2,154,987.95 PLUS 10% CONTINGENCY) TO BE FUNDED FROM ACCOUNT NO. 32-4637-9710 $53,308.20 ($48,462.00 PLUS 10% CONTINGF_,NCY);' ACCOUNT NO 32-4637-8599 $968,283.75 ($880,25T95 PLUS 10% CONTINGENCY); ACCOUNT NO. 35-4637-9710 $107,444.70 ($97,677.00 PLUS 10% CONTINGENCY); ACCOUNT NO. 22-4637-9710 $453,970.00 ($412,700.00 PLUS 10% CONTINGENCY); ACCOUNT NO. 15- 51000 $428,532.50 ($389,575.00 PLUS 10% CONTINGENCY); AND FUNDS FROM CCWD IN THE AMOUNT OF $205,249.00 ($186,590.00 PLUS 10% CONTINGENCY) AND FUNDS FROM LEWIS HOMES IN THE AMOUNT OF $153,688.00 ($139,716.00 PLUS 10% CONTINGENCY) RECOMMENDATION: It is recommended that the City Council award and authorize for execution the contract for the construction of the Day Creek Boulevard, from Base Line Road to Highland Avenue, and the Highland Avenue Relocation Improvement Project, to the lowest responsible bidder, Vance Corporation in the amount of $2,370,486.74 ($2,154,987.95 plus 10% contingency). BACKGRO UN D/ANA LYS IS: Per previous Council action, bids were solicited, received and opened on March 23, 1999, for the subject project. The Engineer's estimate was $3,500,000.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid CITY COUNCIL STAFF REPORT AWARD AND EXECUTION OF CONTKACT FOR DAY CREEK BLVD./HIGHLAND AVENUE RELOCATION PROJECT April 7, 1999 Page 2 documents. Agreements between the City and SANBAG and the Cucamonga County Water District and Lewis Homes were approved at prior Council meeting for the City to construct improvements within the limits of the subject project. Re ctfully s~bmitted,. ~e~/.~~ ~q4Iiam J. O'Neil City Engineer WJO:LEH/MDL:Is Attachment '1 PROJECT LIMIT CITY OF RANCHO DAY CREEK BL. CUCAMONGA PROJECT NTS .,/ DATE: TO: CITY OF RANCHO CUCAMONGA STAFF REPORT April 7, 1999 Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: BY: SUB JECT: William J. O'Neil, City Engineer Lucinda E. Hackett, Associate Engine~2~~ ,, ~, Michael D. Long, Supervising Public Works~Ffispector,/~/'~ AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT FORTHE SOILS AND MATERiALS TESTING OF THE DAY CREEK BOULEVARD, FROM BASE LINE ROAD TO HIGHLAND AVENUE, AND THE HIGHLAND AVENUE RELOCATION IMPROVEMENT PROJECT TO RMA GROUP IN THE AMOUNT OF $37,532.98 ($34,120.00 PLUS 10% CONTINGENCY) TO BE FUNDED FROM ACCOUNT NO. 32-4637-9710 $1,501.28 ($1,364.00 PLUS 10% CONTINGENCY; ACCOUNT NO. 22-4637-9710 $7,506.40 ($6,824.00 PLUS 10% CONTINGENCY); ACCOUNT NO. 15-51000 $6,254.82 ($5,686.20 PLUS 10% CONTINGENCY); ACCOUNT NO. 32-4637-8599 $15,688.20 ($14,262.00 PLUS 1'0% CONTINGENCY); AND FUNDS FROM CCWD IN THE AMOUNT OF $6,581.30 ($5,983.00 PLUS 10% CONTINGENCY) RECOMMENDATION: It is recommended that the City Council award and authorize for execution the contract for the soils and materials testing for of the Day Creek Boulevard, from Base Line Road to Highland Avenue and the Highland Avenue Relocation Improvement Project to RMA Group in the amount of $37,532.98 ($34,120.00 plus 10% contingency). BACKGROUND/ANALYSIS: Bids were solicited on March 23, 1999, for soils and materials testing for the subject project. Staff has determined that RMA Group's proposal best meets the needs of the City. City Engineer WJO:LEH/MDL:Is Attachment CITY DAY ~TOmX ,~ ~ OF RANCHO CREEK BL. ~ PROJECT LIMIT CUCAMONGA PROJECT NTS DATE: TO: CITY OF RANCHO CUCAMONGA STAFF REPORT April 7, 1999 Mayor and Members of the City Council Jack Lain, AICP, City Manager FROM: BY: SUBJECT: William J. O'Neil, City Engineer Lucinda E. Hackett, Associate Engine~F~ Michael D. Long, Supervising Public ~rk~-Inspector/~~ AWARD AND AUTHORIZE TIdE EXECUTION OF THE CONTRACT FOR THE CONSTRUCTION SURVEYING OF THE DAY CREEK BOULEVARD, FROM BASE LINE ROAD TO HIGHLAND AVENUE, AND THE HIGHLAND AVENUE RELOCATION IMPROVEMENT PROJECT TO DEREIISH, GUERRA AND ASSOCIATES IN THE AMOUNT OF $80,828.00 ($73,480.00 PLUS 10% CONTINGENCY) TO BE FUNDED FROM ACCOUNT NO. 32-4637-9710 ($3,500.00 PLUS 10°,4 CONTINGENCY); ACCOUNT NO. 22-4637-9710 $16, i 65.60 ($14,696.00 PLUS 10% CONTINGENCY); ACCOUNT NO. 15-51000 $19,837.40 ($18,034.00 PLUS 10% CONTINGENCY); ACCOUNT NO. 32-4637- 8599 $33,143.00 ($30,. 130.00 PLUS 10% CONTINGENCY); AND FUNDS FROM CCWD IN THE AMOUNT OF $7,832.00 ($7,120.00 PLUS 10% CONTINGENCY) RECOMMENDATION: It is recommended that the City Council award and authorize for execution the contract for the construction surveying of the Day Creek Boulevard, from Base Line Road to Highland Avenue, and the Highland Avenue Relocation Improvement Project to Derbish, Guerra and Associates in the amount of $80,828.00 ($73,480.00 plus ! 0% Contingency). BACKGROUND/ANA LYSIS: Bids were solicited on March 23, 1999, for construction surveying for the subject project. Staffhas determined that Derbish, Guerra and Associate's proposal best meets the needs of the City. City Engineer WJO:LEH/MDL:Is Attachment PROJECT LIMIT CITY OF RANCHO DAY CREEK BL. CUCAMONGA PROJECT NTS CI'I'Y ()i; RANCHO CIJCAMONGA STAFF .REPORT DATE: TO: FROM: BY: SUBJECT: April 7, 1999 Mayor and Members of the City Council Jack Lam. AICP, City Manager William J. O'Neil, City Engineer Barrye R. Hansom Senior Civil Engineer APPROVAL AND EXECUTION OF AN EASEMENT/AGREEMENT BETWEEN THE SAN BERNARDINO ASSOCIATED GOVERNMENTS/SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SANBAG) AND THE CITY OF RANCHO CUCAMONGA GRANTING THE CITY AN EASEMENT FOR PUBLIC STREET, HIGHWAY AND/OR PUBLIC UTILITY PURPOSES OVER THE BALDWIN' PARK BRANCH RA1LROAD RIGHT OF WAY FOR DAY CREEK BOULEVARD RECOMMENDATION: It is recommended that the City Council approve the attached Resolution authorizing the execution of an Easement/Agreement between the City of Rancho Cucamonga and SANBAG granting the City an easement for Street and Utility purposes over the Baldwin Park Branch Railroad right of way for Day Creek Boulevard. A certified copy of the Resolution along with the executed copies of the Easement/Agreement will be forwarded to SANBAG for their execution. BACKGROUND/ANALYSIS: In accordance with both Caltrans and SANBAG policy, Day Creek Boulevard must be in place prior to the construction of the Route 30 Freeway in order for the Day Creek Boulevard interchange to be constructed. Theretbre, the City is moving tbrward with the construction of Day Creek Boulevard fi'om Base Line Road to Highland Avenue. The award of the contract tbr that prqject is also on tonight's agenda for the Council's approval. Day Creek Boulevard crosses the Baldwin Park Branch Railroad (previously, the Southern Pacific Railroad) right of way between Base Line Road and Highland Avenue. Theretbre, it is necessary lbr the City to acquire an casement from SANBAG (the current owner of the right of way) to construct Day Creek Boulevard. SANBAG has expressed concern for adding another street crossing of the railroad right of way in the event that the line is ever activated in the thture. In order to alleviate their concerns, the City has agreed to the following conditions, if and when, a railway line is aciiw~lcd within the right of way in Ihc Ii.~turc: CITY COUNCIL STAFF REPORT APPROVAL AND EXECUTION OF AN EASEMENT/AGREEMENT BETWEEN SANBAG AND THE CITY OF RANCHO CUCAMONGA April 7, 1999 Page 2 1. Kenyon Way - The City will close or grade separate the existing Kenyon Way crossing. 2. Day Creek Boulevard Railroad Crossing Equipment - The City will install at grade railroad crossing equipment including automated gates, signals, lights, and concrete pads. 3. Haven Avenue at the MetroLink Corridor- The City will provide a grade separation on the Metro Link Corridor within the next twenty years. These items are contained within the easement/agreement attached fur the City Council's approval. With the easement/agreement in place, the City can continue with the construction ofthe necessary and urgent Day Creek Boulevard project. In addition, SANBAG will waive the easement fee of $44,854.85. Respectfully submitted, il~~' m J. O'Neil City Engineer WJO:BRH:Is Attachment A RF~SOI~[!'I~I()N ()F TIlE CITY C()I~JNCIl~ ()F Till'; CITY OF RANCH() CIJCAM()N(iA. CAI~II~()RNIA. AI'I'ROVIN(i THE EXECUTION O}" TIlE EASEMENT/AGREEMENT BETWEEN TIlE NAN tlERNARDINO ASSO('IATEI) G()V i~I{N M t~N TS/SA N 131~RN A RDI N O 'I'RANSI~f)RTA'I'I()N AIITH()RITY AND TIIt~. CITY OF RANCII() ('II('AM()N(iA GRANTING 'l"lll~ ('ITY AN EASEMI.~NI' F()R ['UBI,IC STREET, IllGIIWAY ANI)/()R P/IBLIC I l'[II~l'lT I'~RP()SES ()VER TIlE BA1A)WIN PARK BRANCIt RAII~ROAI) Rl(;II'F ()F WAY F()R I)AY CREEK BOUI,EVARI) \Vt IEPd:.AS. the £'iW ('ouncil of the ('ity of Rancho Cucamonga (hereinalter retbrred to as "City" ). has tbr its consideration and execution, the Easement/Agreement with the San Bernardino Ass{~ciated Government:s / San }~emardino ('ounty Transportation Authority (hereinat~er rel~rred to as "SANBAG") grant:ing the City an casement Ibr public street, highway and/or public utility purposes over the Baldwin lhu'k 13rtmch Railroad right of way lbr l)ay Creel< Boulevard, and WHEREAS. SANi3A(i and the (.'ily are in mutual accord with the conditions specilied in the attached Easement/Agreement: and NOW. TIt EI,~}!I::()P,I;.;. TI I1'; C l'l'h' C( }I JNCIL OF TIlE CI'I Y OF RANClIO CUCAMONGA I I F, REBY RF.$Ol..VES that said I!asemcnt/Agreement be approved and accepted and authorize the Mayor to execute the same, and direct the ('ity Clerk to attach a ccrlilicd copy of this resolution to all ~opics of said I:~ascmcnt/Agrccmcnt and mail said copy to SANBA(~. / !t Ii CITY OF RANCHO DAY CREEK BL. BALDWIN PARK BRANCH (SP RXR) R/W 3EMENT AREA PROJECT UMIT CUCAMONGA PROJECT CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: April 7, 1999 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Mike Olivier, Senior Civil Engineer APPROVAL AND EXECUTION OF COOPERATIVE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION OF FOOTHILL BOULEVARD MEDIAN ISLANDS FROM VINEYARD TO HAVEN AVENUES AND BRIDGE WIDENING OVER DEER CREEK CHANNEL RECOMMENDATION: It is recommended that the City Council approve and execute a cooperative agreement between the City of Rancho Cucamonga and the State of California Department of Transportation for the design and construction of Foothill Boulevard median islands from Vineyard to Haven Avenues and bridge widening over Deer Creek Channel. BACKGROUND/ANALYSIS: On May 21, 1998, Council approved a cooperative agreement between the City and SANBAG for partial funding from SANBAG ($1,476,000) for raised median islands on Foothill Boulevard from Vineyard Avenue to Haven Avenue and bridge widening over Deer Creek Channel. On September 3, 1997, the SANBAG Board approved the funding. The balance of the funding will be from the City's Redevelopment Agency. Since the project is on a State Highway (Route 66), Caltrans requires an agreement between the City and them defining the terms and conditions under which the project is developed, designed, constructed, financed and maintained. The City has agreed to prepare the contract documents and advertise, award and administer the contract. Caltrans is agreeable to the City being the lead agency. In return Caltrans has agreed to provide, at no cost to the City, oversight of the project and to provide prompt reviews and approvals. Caltrans has also agreed to issue, at no costs to the City and the City's contractor, encroachment permits required for the necessary design and construction activities of the project. Design of the project is progressing well, and Caltrans has been closely working with the City as part of their oversight responsibilities. J CITY COUNCIL STAFF REPORT FOOTHILL BLVD. MEDIAN ISLANDS COOPERATIVE AGREEMENT April 7, 1999 Page 2 Adequate funding for the City's match is currently budgeted in the City's.Redevelopment Agency budget. Respectfully stlbmitted, City Engineer WJO:MO:sd Attachment RESOLUTION NO. qq-' 0 g' O RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AND EXECUTING THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF RANCFIO CUCAMONGA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION OF FOOTHILL BOULEVARD MEDIAN ISLANDS FROM VINEYARD TO HAVEN AVENUES AND BRIDGE WIDENING OVER DEER. CREEK CHANNEL WHEREAS, the City Council of the City of Rancho Cucamonga, has for its consideration and execution, the Cooperative Agreement between the City of Rancho Cucamonga and the State of California Department of Transportation (STATE) for the design and construction of the Foothill Boulevard median islands and bridge widening project; and WHEREAS, STATE processes and provides oversight for projects on the State highway system; and WHEREAS, as a condition for permitting through STATE for said project, the City of Rancho Cuc,-unonga shall approve and execute said Cooperative Agreement (Contract No. 8- 1095). NOW, TItEREFORI~, TIIE CITY COUNCIL OF THE CITY OF RANClIO CUCAMONGA, DOES HEREBY RESOLVE AS FOLLOWS: Authorize the Execution of Contract No. 8-1095, Cooperative Agreement between the City of Rancho Cucamonga and STATE for the design and construction of Foothill Boulevard median islands from Vineyard Avenue to Haven Avenue and bridge widening at Deer Creek Channel. To authorize the Mayor to sign said Agreement and direct the City Clerk to attach a certified copy of this Resolution, as well as type in the Resolution number and date in the blank of the third block of said supplement and for the return of the original copies of said supplement to STATE along with the certified copy of this Resolution. 7'0 DATE: TO: FROM: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT April 7, 1999 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City F, ngineer APPROVAL TO AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT FOR PAINTING AND EXTERIOR STUCCO REPAIR TO THE SPORTS FACILITY, TO XIOS PAINTING OF CALIFORNIA, IN THE AMOUNT OF $25,929 (PLUS A 10% CONTINGENCY) TO BE FUNDED FROM FUND 25- 4285-7043. RECOMMENDATION: It is recommended that the City Council award and authorize the execution of the contract for painting and exterior stucco repair to the lowest responsive bidder, Xios Painting in the amount of $29,929 (plus a 10% contingency), to be funded from 25-4285-7043. BACKGROUND/ANALYSIS: Per previous Council action, bids were solicited, received and opened on March 16, 1999, for the subject project. Xios Painting was the apparent lowest responsive bidder, wifi~ a base bid amount of $29,929 plus a 10% contingency (see attached bid summary). Staffis recommending award and execution of contract at this time. Respectfully submitted, William J. O'Neil City Engineer WJO:DB:jau Attachment Security System Upgrade / Bid Analysis ASSI Security Mijac Alarm Siebe Base Bid 261,825 284,663 399,800 Additional Bldgs 102,050* 329,470 128,132 SUB TOTAL 363,875 614,133 527,932 Multi Year Service 40,225 42,000 37,786 Shelf Stock 11,601 47,982 3,789 Total 415,701 704,115 569,507 notes: * This is total of additional buildings Citywide, these buildings are expected to be added incrementally as funding allows. 70? DATE: TO: FROM: SUBJECT: CITY £)1': RANCI-IO CUCAMONGA Redevelopment Agency STAFF 'RE PORT April 7, 1999 Chairman and Members of the Redevelopment Agency Jack Lam, AICP, Executive Director William J. O'Neil, City Engineer APPROVAL TO AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT FOR THE SECURITY SYSTEM UPGRADE, TO ASSI SECURITY OF IRVINE, CALIFORNIA, IN THE AMOUNT OF $295,000 (PLUS A $5,000 CONTINGENCY) TO BE FUNDED FROM FUND 14-51000 ($80,000) AND FUND 17-51000 ($220,000). RECOMMENDATION: It is recommended that the Agency award and authorize the execution of the contract for the security system upgrade to the lowest responsive bidder, ASSI Security in the amount ors 295,000 (plus a $5,000 contingency), to be funded from 14-51000 ($80,000) and 17-51000 ($220,000). BACKGROUND/ANALYSIS: Per previous Agency action, requests for proposal were solicited, received and opened on March 17, 1999, for the subject project. ASS I Security was the apparent lowest responsive bidder, with a base bid amount of $261,000, plus alternates for selected additional facilities at $34,000 (see attached bid summary). Staff is recommending award and execution of contract at this time. Respectfully submitted, William J. O'Neil City Engineer WJO:DB:jau Attachment DATE: TO: FROM: BY: SUBJECT: CITY OF P, ANC! IO CUC/\M()NGA STAFF REPORT April 7, 1999 Mayor and Members of the City Council Jack Larn, AICP, City Manager William J. O'Neil. City Engineer Jerry A. Dyer, Pmj,ect Manager ~ Michael D. Long, Supervising Pllblic Works Inspector..,,*~,(::[:~:~ AWARD AND AUTttORIZE THE EXECUTION OF 1'1-1E CONTRACT FOR THE CONSTRUCTION OF THE FY 1998/99 RESIDENTIAL STREET REHABILITATION & OVERLAY PROJECT TO THE APPARENT LOW BIDDER IN THE AMOUNT OF $292,694.77 ($266.086.15 PLUS 10% CONTINGENCY) TO BE FUNDED FROM MEASURE I ACCOLPNT NO. 32- 4637-9113 RECOMMENDATION: It is recommended that the City Council award and authorize lbr execution tile contract lbr tile construction of the FY 1998/99 Residential Street Rehabilitatior~ & Overlay l'roject, to the lowest responsible bidder. All American Asphalt, in the amount of $292.694.77 ($266,086.15 plus 10% contingency) to be fi, mdcd l'tom Measure I Account No. 32-4637-91 i 3. BACKG ROUNDIANALYSIS: Per previous Council action. bids were solicited, received and opened on March 16, 1999, for the subject project. The Engineer's estimate was $320,000.00. Staff has reviewed all bids received and lbund them to be complete and in accordance with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. Respectfully submitted, City Engineer WJO:JAD/MDL:ls Attachment O~T~LHJO .~ FONTANA = REHAB - OVERLAY CITY OF RANCHO CUCAMONGA REHABILITATION LOCATION MAP N.T.S. 75 /.- "''''""'"'", - O.IO'COLDPLANE& 0.10'A.C. OVERLAY CITY OF RANCHO CUCAMONGA 1998/99 PAVEMENT REHA~II,ITATION MAP "A" N.T.S. PL.__ · , 1 ~STOL SOMF,,q.S E T ,, ,) ~,~l~,~,,,,,~',~ _ O.10' COLD PLANE & 0.10' A.C. OVERLAY CITY OF RANCHO CUCAMONGA 1998/99 PAVEMENT REHABILITATION MAP "B" N.T.S. '77 &&111illlll,~' 0.10' COLD PLANE & 0.10' A.C. OVERLAY CITY OF RANCHO CUCAMONGA 1998/99 PAVEMENT REHABII,ITATION MAP "C" CITY OF RANClIO CUCAMONGA SUMMARY OF PROPOSALS FOR FY 1998/99 RESIDENTIAL STREET REIiABILITATION & OVERLAY VARIOUS STREETS Ill(is Opened on Tuesday, March 16, ! 999 Engineer's Estimate = $320,000.00 Item Item LInit of Estimated No. Description Measure Quan¢ity I Grind Heavy Alligatored A.C. SY 10226 2 Coilst Variable Thick A.C. TONS 600 Overlay in Alligator Grind Areas 3 Clearing & Grubbing LS I 4 0.10' Asphalt Concrete Overlay TONS 5596 5 Variable Cold Plane SY 82003 6 Crack Sealing & Mist Pay Prep LS I 7 Adjust Manhole Frame & Cover EA 49 to Grade 8 Adjust W.V. Box to Grade EA 84 9 Traffic Control LS 10 Striping, Markings & Markers LS I All Anterican Asphalt Laird Construction Total Total Unit Price Bid Unit Price Bid $0.75 $7,660.50 $0.75 $7,669.50 $28.50 $19,665.00 $30.00 $20,700.00 $9,000.00 $9,000.00 $10,000.00 $10,000.00 $27.50 $153,890.00 $25.45 $142,418.20 $0.55 $45,5~6.65 $0.75 $62,177.25 $10,000.00 $10,000.00 $27,500.00 $27,500.00 $185.00 $9,065.00 $195.00 $9.555.00 $25.00 $2,100.00 $50.00 $4,200.00 $6,450.00 $6,450.00 $1,000.00 $I,000.00 $2.650.00 S2,650.00 $1,500.00 $1,500.00 $266,086.15 $286,719.95 Item Item Unil of Estimated No. Description Measure Quanlity I Grind t leavy Alligatorcd A.C. S¥ 10226 2 Coast Variable Thick A.C. TONS 690 Overlay in Alligator Grind Areas 3 Clearing & Grubbing I.S I 4 (L 10' Asphalt Concrete Ovcrhly '['(:)NS 5596 $ Variable Cold Plane SY 82003 6 Crack Scaling &Misc Pay Prep I.S I 7 Adjust Nlanhole Fraln¢ & Cover EA 4q to Grade 8 Adjust W.V. Box to Grade EA 84 9 Traffic Control LS I I0 Striping. Markings & Markers LS I Silvia Construction Total Unit Price Bid $1.20 $12.271.20 $42.00 S28,980.00 I 1o!land-Lowe Total tinit Price Bid $0.85 $8,692.10 $32.45 $22,390.50 $3,100.00 $3,100.00 $14.600.00 $14,600.00 $27.10 $151,651.60 $32.45 $181,500.20 $0.81 $67.151.43 $0.76 $63,006.28 $21,986.00 $21,986.00 $17,750.00 $17,750.00 $198.00 $%702.00 $175.00 $8,575.00 $135.00 $11.340.00 $11.500.00 $11,500.00 $1,600.00 $1,600.00 $319,282.23 $50,00 $4,200.00 $4,760.00 $4,760.00 $1.560.00 $1,560.00 $327,124.08 CI"t'Y ()F RANCItO CUCAMONGA STAFF REPORT DATE: April 7, 1999 TO: Mayor and Members of the City Council Jack Larn, AICP, City Manager FROM: Jerry B. Fulwood, Deputy City Manager SUBJECT: CONSIDERATION OF LEASE AMENDMENT NO. 13 BETWEEN THE CITY AND INLAND VALLEY PROFESSIONAL BASEBALL SETTING OFFICE RENT AND ADJUSTING POLICE SECURITY COST FOR THE 1999 BASEBALL SEASON RECOMMENDATION That the City Council approve Lease Amendment No. 13 setting office rental rate at $346.00 per month and adjusting the police security to $42,700 for the 1999 baseball season. BACKGROUND/ANALYSIS Annually the City sets the Epicenter office rental rate. Staff recommends no rate increase for 1999; therefore, the current rental rate is set at $346.00 per month. Additionally, at the Quakes request, staff has reviewed the police security cost at the Epicenter which is based on proposed attendance, and recommends a fixed amount of $42,700 for the 1999 baseball season. The fixed cost does not include non-baseball events before or after the baseball games nor special games, non-scheduled games, or playoff games. These events will be assessed under separate invoice. Additionally, staff will continue to evaluate police security based on announced attendance. The Quakes must provide the City with monthly attendance report within ten days after the end of the each month. This report should include the season ticket holders that are included in the announced attendance. If this report or payments are not received in a timely basis, then the security cost will default back to the prior amount. If attendance at the Epicenter should increase to a point where additional police security is needed, the City reserves the right to increase security to reflect actual demand and assess the Quakes accordingly. ReJectfully submitted, ~erry B. Fulwood v'Deputy City manager JBF/dja CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: April 7, 1999 Mayor and Members of the City Council Jack Lain, AICP, City Manager William J. O'Neil, City Engineer Linda R. Beek, Jr. Engineere~ ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DR 97-3.0, LOCATED NORTII OF BELL COURT AND EAST OF RED OAK RECOMMENDATION: The required improvements for DR 97-30, 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. BACKGIIOUNI)/ANALYSIS: As a condition ofapproval ofcomplction of for DR 97-30, located north of Bell Court and cast of Red Oak, the applicant was required to complete street improvements. It is recommended that City Council release the existing Faithful Performance Bond. Developer: K, raus Construction Company 2 ! 542 Surveyor Huntington Beach, CA 92646 Release: Faithful Performance Bond WCN 1189181 $10,500.00 Respectfully submitted, William J. O'Neil City Engineer WJO:LRB:Is J ARROW ROUTE LU 1 BELL~CT -.___,~., CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO Vicinity Map STATE OF CALIFORNIA D~ ~,'~-3o RESOLUTION NO. ~q-' ~] A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS DR 97-30 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR TIlE WORK WHEREAS, the construction of public improvements for DR 97-30, have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW THEREFORE, be it resolved, 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. DATE: TO: CITY OF RANClIO CUCAMONGA STAFF REPORT April 7, 1999 Mayor and Members of tile City Council Jack Lain, AICP, City Manager FROM: BY: William J. O'Neil, City Engineer Linda R. Beck, Jr. EngineerS' SUBJECT: RELEASE THE FAITHFUL PERFORMANCE BONDS AND ACCEPT MAINTENANCE BONDS FOR TRACT 13565, SUBMITrED BY RICHMOND AMERICAN HOMES AND STANDARD PACi FIC RECOMMENDATION: The required improvements IBr Tract 13565, have been completed in an acceptable man.or, and it is recommended that tile City Council authorize the City Clerk to release tile Faithfid Peril)tree.me Bonds and accept Maintenance Bonds. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 13565, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that City Council release tile existing Faithlift Per£ormance Bonds and accept Maintenance Bo,ds. l)cvcloper: Richmond American I lomcs 17310 Redhill Avenue, Suite 320 Irvine, CA 92614 Release: Faithful Performance Bond 441393S $211,538.25 Accept: Developer: Maintenance Bond Standard Pacific 1565 MacArthur Blvcl Costa Mesa, CA 92626 441393S $ 21.153.83 Release: Faithful Performance Bonds Ill 3317 28O6 I11 3317 2822 $757,000.00 $488,000.00 Accept: Maintenance Bonds City Engineer III 3317 2806 III 3317 2822 $ 75,700.00 $ 48,800.00 K._ WJO: LRB: Is CTTV ()F RANCHO CIJCAMONGA SITE PLAN N VlC INI'TY MAP TRACT 13565 ('I'i'Y ()1: R,,\NCI 1() CI .;C,'\M()N( i,'\ STAFF REPORT I)ATI]: April 7, 1999 TO: Mayor and Members of the City C'oul~cil ,Iack Lain, A [CI), City Manager FROM: William .I. O'Neil, City Engineer BY: I,indLt R. Beck, .h'. I~nginccr ,~- SUBJECT: RIH,EASt~ TI I1~ MAINTENANCI~ BOND FOR I~ARCt~I, MAP 15027, LOCA'I'I~D ON TIlE N()RTI[ 511)1'; OF VICARA DRIVE, EAST ()F SAI'I'IIIRE STREET R!~COMMENDATION: It is recommended that the City Council authorize the City Clerk to release the Maintenance Bond lbr Parcel Map 15027. !IACKG RO UNI)/ANA LYS IS: , The required one-year maintenance period has ended and the street improvements remain li'cc from dclbcts in materials and w(~rkmanship. l)cvclopcr: Mr. J. Don Andcrs{m 5341 Carol Avcm~c Rancho Cucanlonga, ('A 91701 Release: Maintenance IMnd ('ash $ 1.805.00 Respectfully submitted, City Engineer W.I():I,RI/:Is VICINITY MAP SITE PM 15027 ~ V ~C A R~4.-~I~ R. LINE ROAD i-I0 FREEWAY CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ITEM: TITLE: EX!IIBIT: Vicinity Map I'M i 5027 File: h:\cxhihits\vic [ 50~7 ('l'l'Y (i)t: RANC1 l() Ct:(:,,tM( STAFF REI'ORT I)ATE: April 7, 1999 TO: Mayor and Members of the Cily Council Jack Lain, AICP, City M;magcr I"ROM: William .1. ()'Nell, City Engineer BY: I,inda Beck, .h'. Engineer ~ SUBJECT: APPI~OVAI, ()F IMPR()VI~MI~NT AGRI~EMI.:NT I.:XTI~NSIONS I"OR TRACTS 15727-I. -2 ANI) -5, !,()('ATI~D ON FOURTI I STRt;:[~T, EAST OF ARCHIBALD AVENIJE, SUI~MIT'I't~D BY GRIFFIN INI)USTRII~S !~ECOMM~N!)ATi()N: It is recommended that the City Council adopt the attached resolution, accepting the subject agreement extensions alld authorizing fi~c Mayor and City Clerk to sign said agreements. !)ACK(~ ROUNi)/ANAI.YSIS: Improvement Agreeinc, his and Improvement Securities to guarantee the construction of the public improvements tbr Tracts 15727-I alld -2 were approved by I[ic City Council on ()ctobcr 17, 1998, and Ibr Tract 1>7,7-0 on I:clwuary IS, 1999. 'l'hc dcvelopcr. Griflin Industries. is requesting approval of a 12-month cxtcnsion on said improvement agreements. Copies of the improvement Agreement l!xtcnsions are available in the City Clerk's office. Rcspecttttlly submitted, William J. O'Neil City Engineer W.I():I,RB:Is .' I · (TH st. CITY OF RANClIO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA I" - 400' TIL 15727-1, 2, & 3 Vicinity Map Griffin Industries March 11, 1999 Ms. Linda R. Beck Jr. Engineer Community Development Department Engineering Division City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Subject: Extension of hnprovement Agreements for TR. 15727-1 This is a request fi>r extension of the Improvement Agreements Ibr tract 15727- I. The process of converting the tract from public Io private has rcsu Itcd in the delay o~' the completions of all of tile improvements. Cornerpoint 275, LInC is requesting an extension of one year to complete the hnprovcmcnts conditioned under Tract 15727-1. Enclosed please find the completed Improvement Agreement Extension executed in triplicatc and the fi:c of $25 I['you are in need of further in tZ, rmation or clarification. please contact Bruce Strickland at (909) 945-0001, Since/ely, ~ Van T. Roberts // Division Manager linclo,mrc,$ 24005 Ventura Boulevard · Calabasas, C A 91302 - 818/591-2500 · Fax 818/591-0087 Inland Empire Division: 9540 Springbrook Court - Rancho Cucamonga, CA 91730 - 818/591-2500 · Fax 909/989-7820 Griffin Industries March I1, 1999 Ms. Linda R. Beck Jr. Engineer Community Development l)epartment Engineering Division City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Subject: Extm~sion of Improvement Agreements tbr TR. 15727-2 This is a request for extension of the hnprovemeut Agreemeuts tbr tract 15727-2. The process of converting the tract from public: to private has resulted in the delay of the completions of all of tile improw;merits. Cornerpoint 275, LLC is requesting an extension of one year to complete the improvements conditioned under Tract 15727-2. Enclosed please find tile completed hnprovement Agreement Extension executed in triplicate and the fee of $251.00. If you are in need of~ further intbrmation or clarification, please contact Bruce Strickland at (909) 945-000 I. Van T. Roberts Division Manager 24005 Vcmura Boulevard · Calabasas, CA 91302 · 818/591-2500 · Fax 818/591-0087 Inland Empire Division: 9540 Springbrook Court · Rancho Cucamonga, CA 91730 · 818/591-2500 · Fax 909/989-7820 q/ Griffin Industries March 11, 1999 Ms. Linda R. Beck Jr. Engineer Community Development Deparlment Engineering Division City of Ranclio Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Subject: Extension, of Improvement Agreements for TR. 15727-3 This is a request for extension of the hnprovement Agreements for tract 15727-3. The process of converting the tract li'om public to private has resulted in the delay of tile completions of all of the improvements. Comerpoint 275, LLC is requesting an extension of one year' to complete the improvements conditioned under Tract 15727-3. Enclosed please find tile completed hnprovement Agreement Extension executed ill triplicate and the fee of $251.00. If you are in need of further intbrmation or clarification, please contact Bruce Strickland at (909') 945-0001. Van 'F. Roberts Division Manager 24005 Ventura Boulevard · Calabasas, CA 91302 · 818/591-2500 · Fax 818/591-0087 Inland Empire Division: 9540 Springbrook Court · Rancho Cucamonga, CA 91730 · 818/591-25(~} · Fax 909/989-7820 qo2 A RESOLUTION OFTlIE CH'Y COUNCIL OFTIIt£ CITY OF RANCItO CLICAMONGA. CAI. IF()RNIA, APi~R()VIN(; 1M PR()VI;;MENT A(; R I:.I~M F. NT I£XTENSION ANI) IMI'R.()VIiML~NT SI.~CURI'I'Y F()R TRACTS 15727-1.-2 AND-3 WIIEIY, EAS, the City C'otmcil of the City of Rancho Cucamonga, Calilbrnia, has lbr its consideration an Improvement Agreement I~xtension cxccutcd on March 12, 1999, by Griffin [mtustrics. as developer. lbr the improvement of public right-ol~way ac[jaccnt to the real property specifically described therein, and generally located cm Fourth Street, east of Archibald Avenue. WIIEP,.EAS, the installation of such improvements. ticscribed in said hnprovemcut Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tracts 15727-1, -2 and -3; and W! II';REAS, said Improvement Agreement Extension is sect, red and accompanied by good and st, fficicnt Improvcmcnt Security, M~ich is identified in said Improvoncnt Agrconcnt Extension. Nf)W. TI 1I!RI!I:()I~.I'i, the ('it.,,' Council of the City ot'I~.ancho Ct,camonga. Calilbmia hereby resolves. that said Improvement :\grccment 1.2xtcnsion and said Improvement Security be and the same are hereby approx cd and the Mayor is hereby authorized to sign said Improvement Agreement l.Txtcnsion on bdmlt'of the City of Rancho ('ucamonga. alia the City Clerk to attest thereto. 9.3 ORDINANCE NO. 598 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 9.30 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND REVISING DAYTIME CURFEW REGULATIONS. THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 9.30.020 of Chapter 9.30 of the Rancho Cucamonga Municipal Code is hereby amended by the addition of new subsections "E" and "F" to read as follows: "E. When the minor is receiving home or private school instruction pursuant to Education Code Section 48222, or is receiving instruction by a qualified tutor pursuant to Education Code Section 48224, or is otherwise exempt by law from attendance at a public or private full-time day school; or "F. When the minor is authorized to be absent from his or her school pursuant to the provisions of Education Code Section 48205, or any other applicable State or federal law." SECTION 2. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptire legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. Ordinance No. 598 Page 2 PASSED, APPROVED, AND ADOPTED this 7th day of April, 1999. AYES: NOES: ABSENT: ABSTAINED: ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 17th day of March, 1999, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of April, 1999. Executed this 8th day of April, 1999, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ORDINANCE NO. 599 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA ADOPTING A TELECOMMUNICATIONS REGULATORY ORDINANCE AND AMENDING TITLE 7 OF THE RANCHO CUCAMONGA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: SECTION 1: Title 7 of the Rancho Cucamonga Municipal Code is repealed in its entirety. SECTION 2: The Rancho Cucamonga Municipal Code is amended by adding a new Title 7 to read as follows: TITLE 7 TELECOMMUNICATIONS REGULATORY ORDINANCE CHAPTER 7.01 GENERAL PROVISIONS 7.01.010 - Title This title is known and may be cited as the "Telecommunications Regulatory Ordinance" of the City of Rancho Cucamonga. 7.01.020 - Purpose and Intent A. The City Council finds and determines as follows: 1. The development of cable television and othertelecommunications systems may provide significant benefits for, and have substantial impacts upon, the residents of the City. 2. Because of the complex and rapidly changing technology associated with telecommunications services and systems, the public convenience, safety, and general welfare can best be served by establishing regulatory powers t:o be exercised by the City. 3. This title is intended to establish regulatory provisions that authorize the City t:o regulate telecommunications services and systems to the extent authorized by federal and state law, including but not limited to the federal Cable Communications Policy Act of 1984, the federal Cable Television Consumer and Competition Act of 1992, the federal Telecommunications Act of 1996, applicable regulations of the Federal Communications Commission, and applicable California statutes and regulations. Ordinance 599 Page 2 The purpose and intent of this title is to provide for the attainment of the following objectives: 1. To enable the City to discharge its public trust in a manner consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development. 2. To authorize and to manage reasonable access to the City's public rights- of-way and public property for telecommunications purposes on a competitively neutral and nondiscriminatory basis. 3. To obtain fair and reasonable compensation for the City and its residents for authorizing the private use of the public rights-of-way and public property. 4. To promote competition in telecommunications services, minimize unnecessary local regulation of telecommunications service providers, and encourage the delivery of advanced and competitive telecommunications services on the broadest possible basis to local government and to the businesses, institutions, and residents of the City. 5. To establish clear local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of telecommunications service providers. 6. To encourage the profitable deployment of advanced telecommunications infrastructures that satisfy local needs, deliver enhanced government services, and provide informed consumer choices in an evolving telecommunications market. 7.01.030 - Defined Terms and Phrases Various terms and phrases used in this title are defined below in Chapter 7.05. CHAPTER 7.02 CABLE TELEVISION SYSTEMS 7.02.010 - Authority and Findings A. In accordance with applicable federal and state law, the City is authorized to grant one or more nonexclusive franchises to construct, reconstruct, operate, and maintain cable television systems within the City limits. B, The City Council finds that the development of cable television and related telecommunications services may provide significant benefits for, and substantial impacts upon, the residents of the City. Because of the complex and rapidly changing technology associated with cable television, the City Council further finds that the public convenience, safety, and general welfare can best be served by establishing Ordinance 599 Page 3 regulatory powers to be exercised by the City. This chapter is intended to specify the means for providing to the public the best possible cable television and related telecommunications services, and every franchise issued in accordance with this chapter is intended to achieve this primary objective. It is the further intent of this chapter to adopt regulatory provisions that will enable the City to regulate cable television and related telecommunications services to the maximum extent authorized by federal and state law. 7.02.020 - Franchise Terms and Conditions A. Franchise Purl~oses A franchise granted by the City under the provisions of this chapter may authorize the Grantee to do the following: 1. To engage in the business of providing cable service and such other telecommunications services as may be authorized by law and which Grantee elects to provide to its subscribers within the designated franchise service area. 2. To erect, install, construct, repair, rebuild, reconstruct, replace, maintain, and retain, cable lines, related electronic equipment, supporting structures, appurtenances, and other property in connection with the operation of the cable system in, on, over, under, upon, along and across streets or other public places within the designated franchise service area. 3. To maintain and operate the franchise properties for the origination, reception, transmission, amplification, and distribution of television and radio signals, and for the delivery of cable services and such other services as may be authorized by law. B. Franchise Required It is unlawful for any person to construct, install, or operate a cable television system within any street or public way in the City without first obtaining a franchise under the provisions of this chapter. C. Term of the Franchise 1. A franchise granted under this chapter will be for the term specified in the franchise agreement, commencing upon the effective date of the ordinance or resolution adopted by the City Council that authorizes the franchise. 2. A franchise granted under this chapter may be renewed upon application by the Grantee in accordance with the then-applicable provisions of state and federal law and of this chapter. Ordinance 599 Page 4 Franchise Territory A franchise is effective within the territorial limits of the City, and within any area added to the City during the term of the franchise, unless otherwise specified in the ordinance or resolution granting the franchise or in the franchise agreement. Federal or State Jurisdiction This chapter will be construed in a manner consistent with all applicable federal and state laws, and it applies to all franchises granted or renewed after the effective date of this chapter, to the extent authorized by applicable law. Franchise Non-Transferable 1. Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation, or otherwise, the franchise or any of the rights or privileges therein granted, without the prior consent of the City Council and then only upon such terms and conditions as may be prescribed by the City Council, which consent may not be unreasonably denied or delayed. Any attempt to sell, transfer, lease, assign, or otherwise dispose of the franchise without the consent of the City Council is null and void. The granting of a security interest in any assets of the Grantee, or any mortgage or other hypothecation, will not be deemed a transfer for the purposes of this subsection. 2. The requirements of' subsection 1 apply to any change in control of Grantee. The word "control" as used herein is not limited to the ownership of major stockholder or partnership interests, but includes actual working control in whatever manner exercised. If Grantee is a corporation, prior authorization of the City Council is required where ownership or control of more than 25 percent of the voting stock of Grantee, or of Grantee's parent company, is acquired by a person or a group of persons acting in concert, none of whom, singularly or collectively, owns or controls the voting stock of the Grantee, or of Grantee's parent company, as of the effective date of the franchise. 3. Grantee must notify the City in writing of any foreclosure or judicial sale of all or a substantial part of the Grantee's franchise property, or upon the termination of any lease or other interest covering all or a substantial part of that franchise property. That notification will be considered by the City as notice that a change in control of ownership of the franchise has taken place, and the provisions of this paragraph that require the prior consent of the City Council to that change in control of ownership will apply. 4. For the purpose of determining whether it will consent to an acquisition, transfer, or change in control, the City may inquire as to the qualifications of the prospective transferee or controlling party, and Grantee must assist the City in that inquiry. In seeking the City's consent to any change of Ordinance 599 Page 5 ownership or control, Grantee or the proposed transferee, or both, must complete Federal Communications Commission Form 394 or its equivalent. This application must be submitted to the City not less than 120 days prior to the proposed date of transfer. The transferee must establish that it possesses the legal, financial, and technical capability to operate and maintain the cable system and to comply with all franchise requirements during the remaining term of the franchise. If the legal, financial, and technical qualifications of the applicant are satisfactory, the City will consent to the transfer of the franchise. The consent of the City to that transfer will not be unreasonably denied or delayed. 5. Any financial institution holding a pledge of the Grantee's assets to secure the advance of money for the construction or operation of the franchise property has the right to notify the City that it, or a designee satisfactory to the City, will take control of and operate the cable television system upon Grantee's default in its financial obligations. Further, that financial institution must also submit a plan for such operation within 90 days after assuming control. The plan must insure continued service and compliance with all franchise requirements during the period that the financial institution will exercise control over the system. The financial institution may not exercise control over the system for a period exceeding 18 months unless authorized by the City, in its sole discretion, and during that period of time it will have the right to petition the City to transfer the franchise to another Grantee. 6. Grantee must reimburse the City for the City's reasonable review and processing expenses incurred in connection with any transfer or change in control of the franchise. These expenses include, without limitation, costs of administrative review, financial, legal, and technical evaluation of the proposed transferee, consultants (including technical and legal experts and all costs incurred by these experts), notice and publication costs, and document preparation expenses. No reimbursement may be offset against any franchise fee payable to the City during the term of the franchise. G. Geoqraphical Coveraqe 1. Grantee must design, construct, and maintain the cable television system so as to have the capability to pass every dwelling unit in the franchise service area, subject to any service-area line extension requirements or territorial restrictions set forth in the franchise agreement. 2. After service has been established within all or any part of the franchise service area by activating trunk or distribution cables, Grantee must provide service to any requesting subscriber within that activated part of the service area within 30 days from the date of request, provided that the Grantee is able to secure on reasonable terms and conditions all rights-of-way necessary to extend service to that subscriber within that 30- day period. Ordinance 599 Page 6 Nonexclusive Franchise Every franchise granted is nonexclusive. The City specifically reserves the right to grant, at any time, such additional franchises for a cable television system, or any component thereof, as it deems appropriate, subject to applicable state and federal law. If an additional franchise is proposed to be granted to a subsequent Grantee, a noticed public hearing must first be held in accordance with the provisions of Government Code § 53066.3. Multiple Franchises 1, The City may 9rant any number of franchises, subject to applicable state and federal law. The City may limit the number of franchises 9ranted, based upon, but not necessarily limited to, the requirements of applicable law and specific local considerations, such as: a. The capacity of the public ri§hts-of-way to accommodate multiple cables in addition to the cables, conduits, and pipes of the existin§ utility systems, such as electrical power, telephone, gas, and sewerage. b. The benefits that may accrue to subscribers as a result of cable system competition, such as lower rates and improved service. ¢. The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations within the public rights-of-way. 2. The City may require that any new Grantee be responsible for its own underground trenching and the associated costs if, in the City's opinion, the rights-of-way in any particular area cannot reasonably accommodate additional cables~ 7.02.030 - Franchise Applications and Renewal A. Filinq of Al~plications Any person desiring an initial franchise for a cable television system must file an application with the City. A reasonable nonrefundable application fee in an amount established by resolution of the City Council must accompany the application. That application fee will cover all costs associated with reviewing and processing the application, including without limitation costs of administrative review, financial, legal, and technical evaluation of the applicant, consultants (including technical and legal experts and all costs incurred by those experts), notice and publication requirements, and document preparation expenses. If those costs exceed the application fee, the applicant must pay the difference to tile City within 30 days following receipt of an itemized statement of those costs. Ordinance 599 Page 7 B. Applications - Contents An application for an initial franchise for a cable television system must contain, as applicable: 1. A statement as to the proposed franchise service area. 2. A resume of the applicant's prior history, including the experience and expertise of the applicant in the cable television and telecommunications industry. 3. A list of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlled by each stockholder, if a closely-held corporation. If the applicant is a publicly-owned corporation, each owner of 10 percent or more of the issued and outstanding capital stock must be identified. 4. A list of officers, directors, and managing employees of the applicant, together with a description of the background of each such person. The names and addresses of any parent or subsidiary of the applicant, or any other business entity owning or controlling applicant in whole or in part, or that is owned or controlled in whole or in part by the applicant. 6. A current financial statement of the applicant verified by a certified public accountant or otherwise certified to be true, complete, and correct to the reasonable satisfaction of the City. ?. The proposed construction and service schedule, the proposed rate structure for cable services, and the proposed commitment to provide public, educational, and governmental access capacity, services, facilities, and equipment. 8. Any additional information that the City deems to be reasonably necessary. C, Consideration of Initial Applications 1. Upon receipt of an application for an initial franchise, the City Manager or the City Manager's designee must prepare a report and make recommendations to the City Council concerning that application. 2. A public hearing will be noticed prior to any initial franchise grant, at a time and date approved by the City Council. Within 30 days after the close of the hearing, the City Council will make a decision based upon the evidence received at the hearing as to whether the franchise should be granted, and, if granted, subject to what conditions. The City Council may grant one or more franchises, or may decline to grant any franchise. D. Franchise Renewal Franchise renewals will be processed in accordance with then-applicable law and with the renewal terms, if any, of the franchise agreement. The City and Grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. O~inance 599 Page 8 7.02.040 - Contents of Cable Television Franchise AGreements A. The terms and provisions of a franchise agreement for the operation of a cable television or related telecommunications services may relate to or include, without limitation, the following subject matters: 1. The nature, scope, geographical area, and duration of the franchise. 2. The applicable franchise fee to be paid to the City, including the percentage amount, the method of computation, and the time for payment. 3. Requirements relating to compliance with and implementation of state and federal laws and regulations pertaining to the operation of the cable television system. 4. Requirements relating to the construction, upgrade, or rebuild of the cable television system, as well as the provision of special services, such as outlets for public buildings, emergency alert capability, and parental control devices. 5. Requirements relating to the maintenance of a performance bond, a security fund, a letter of credit, or similar assurances to secure the performance of the Grantee's obligations under the franchise agreement. 6, Requirements relating to comprehensive liability insurance, workers' compensation insurance, and indemnification. 7. Requirements relating to consumer protection and customer service standards, including the resolution of subscriber complaints and disputes and the protection of subscribers' privacy rights. 8. Requirements relating to the Grantee's support of local cable usage, including the provision of public, educational, and governmental access channels, the coverage of public meetings and special events, and financial support for governmental access channels. 9. Requirements relating to construction, operation, and maintenance of the cable television system within the public rights-of-way, including compliance with all applicable building codes and permit requirements of the City, the abandonment, removal, or relocation of facilities, and compliance with FCC technical standards. 10. Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, and performance reviews, and the inspection of Grantee's books and records. 11. Acts or omissions constituting material breaches of or defaults under the franchise agreement, and the applicable penalties or remedies for such breaches or defaults, including fines, penalties, liquidated damages, suspension, revocation, and termination. 12. Requirements relating to the sale, assignment, or othertransferorchange in control of the franchise. O~inance 599 Page 9 13. The Grantee's obligation to maintain continuity of service and to authorize, under certain specified circumstances, the City's operation and management of the cable system. 14. Such additional requirements, conditions, policies, and procedures as may be mutually agreed upon by the parties to the franchise agreement and that will, in the judgment of City staff and the City Council, best serve the public interest and protect the public health, welfare, and safety. If there is any conflict or inconsistency between the provisions of a franchise agreement authorized by the City Council and provisions of this chapter, the provisions of the franchise agreement will control. CHAPTER 7.03 OPEN VIDEO SYSTEMS 7.03.010 - Applicability The provisions of this chapter are applicable to an open video system operator, as defined below in Chapter 7.05, that intends to deliver video programming to consumers in the City over an open video system. 7.03.020 - Application Required A. Before commencing the delivery of video programming services to consumers in the City over an open video system, the open video system operator must file an application with the City. That application must include or be accompanied by the following, as applicable: 1. The identity of the applicant, including all affiliates of the applicant. 2. Copies of FCC Form 1275, all "Notices of Intent" filed under 47 CFR § 76.1503(b)(1), and the Order of the FCC, all of which relate to certification of the applicant to operate an open video system in accordance with Section 653(a)(1) of the Communications Act and the FCC's rules. 3. The area or areas of the City that the applicant desires to serve. 4. A description of the open video system services that will be offered by the applicant over its existing or proposed facilities. 5. A description of the transmission medium that will be used by the applicant to deliver the open video system services. 6. Information in sufficient detail to establish the applicant's technical qualifications, experience, and expertise regarding the ownership and operation of the open video system described in the application. 7. Financial statements prepared in accordance with generally accepted accounting principles that demonstrate the applicant's financial ability to: Ordinance 599 Page 10 a. Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the City. b. Comply with the City's public, educational, and governmental access requirements as specified below in Section 7.03.040 B(4). ¢. Comply with the City's requirement that gross revenue fees be paid in the sum of five percent (5%), as specified below in Section 7.03.040 B(2). 8. An accurate map showing the location of any existing telecommunications facilities in the City that the applicant intends to use, to purchase, or to lease. 9. If the applicant's operation of the open video system will require the construction of new physical plant and facilities in the City, the following additional information must be provided: a. A preliminary construction schedule and completion dates. b. Preliminary engineering plans, specifications, and a network map of any new facilities to be constructed in the City, in sufficient detail to identify: (i) The location and route requested for the applicant's proposed facilities. (ii) The locations, if any, for interconnection with the facilities of other telecommunications service providers. (iii) The specific structures, improvements, facilities, and obstructions, if any, that the applicant proposes to remove or relocate on a temporary or permanent basis. ¢. The applicant's statement that, in constructing any new physical plant, the applicant will comply with all applicable ordinances, rules, and regulations of the City, including the payment of all required permit and processing fees. 10. The information and documentation that is required to be submitted to the City by a video provider, as specified below in paragraph B of Section 7.04.02(:). 11. Such additional information as may be requested by the City Manager. 12. A nonrefundable filing fee in an amount established by resolution of the City Council. B. If any item of information specified above in paragraph A is determined under paramount federal or state law to be unlawful, the City Manager is authorized to waive the requirement that such information be included in the application. O~inance 599 Page 11 7.03.030 - Review of the Application Within 30 days after receipt of an application filed under Section 7.03.020 that is deemed to be complete, the City Manager will give written notice to the applicant of the City's intent to negotiate an agreement setting forth the terms and conditions under which the operation of the proposed open video system will be authorized by the City. The commencement of those negotiations will be on a date that is mutually acceptable to the City and to the applicant. 7.03.040 - Aqreement Required A. No video programming services may be provided in the City by an open video system operator unless the operator and the City have executed a written agreement setting forth the terms and conditions under which the ,operation of the proposed open video system will be authorized by the City. B. The agreement between the City and the open video system operator may contain terms and conditions that relate to the following subject matters, to the extent that such terms, conditions, and subject matters are not preempted by federal statute or regulations: 1. The nature, scope, and duration of the agreement, including provisions for its renewal or extension. 2. The obligation of the open video system operator to pay to the City, at specified times, fees on the gross revenues received by the operator, as authorized by 47 CFR § 76.1511, in accordance with the following standards and procedures: a. The amount of the fees on the gross revenues will be five percent (5%), and will be paid in lieu of the franchise fees permitted under Section 622 of the Communications Act. b. The term "gross revenues" means (i) all gross revenues received by an open video system operator or its affiliates, including all revenues received from subscribers and all carriage revenues received from unaffiliated video programming providers; and (ii) all advertising revenues received by the operator or its affiliates in connection with the provision of video programming, where such revenues are included in the calculation of the cable franchise fee paid to the City by the franchised cable operator. The term "gross revenues" does not include revenues, such as subscriber or advertising revenues, collected by unaffiliated video programming providers. 3. The obligation of the open video system operator to comply with requirements relating to information collection and recordkeeping, accounting procedures, reporting, periodic audits, and inspection of records in order to ensure the accuracy of the fees on the gross revenues that are required to be paid as specified above in paragraph B(2). Ordinance 599 Page 12 The obligation of the open video system operator to meet the City's requirements with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment, as provided for in 47 CFR § 76.1505. In this regard, the following standards and procedures are applicable: a. The open video system operator is subject to the same public, educational, and governmental access requirements that apply within the cable television franchise service area with which its system overlaps. b. The open video system operator must ensure that all subscribers receive all public, educational, and governmental access channels within the franchise service area in which the City's subscribers are located. c. The open video system operator may negotiate with the City to establish the operator's obligations with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment. These negotiations may include the City's franchised cable operator if the City, the open video system operator, and the franchised cable operator so desire. d. If the open video system operator and the City are unable to reach an agreement regarding the operator's obligations with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment within the City's jurisdiction, then the following obligations will be imposed: (i) The open video system operator must satisfy the same public, educational, and governmental access obligations as the City's franchised cable operator by providing the same amount of channel capacity for public, educational, and governmental access and by matching the City's franchised cable operator's annual financial contributions in support of public, educational, and governmental access services, facilities, and equipment that are actually used by the City. For in-kind contributions, such as cameras or production studios, the open video system operator may satisfy its statutory obligation by negotiating mutually agreeable terms with the City's franchised cable operator, so that public, educational, and governmental access services to the City are improved or increased. If such terms cannot be agreed upon, the open video system operator must pay to the City the monetary equivalent of the franchised cable operator's depreciated in-kind contribution, or, in the O~inance 599 Page 13 case of facilities, the annual amortization value. Any matching contributions provided by the open video system operator must be used to fund activities arising under Section 611 of the Communications Act. (ii) The City will impose upon the open video system operator the same rules and procedures that it imposes upon the franchised cable operator with regard to the open video system operator's use of channel capacity designated for public, educational, and governmental access use when that capacity is not being used for such purposes. e. The City's franchised cable operator is required under federal law to permit the open video system operator to connect with its public, educational, and governmental access channel feeds. The open video system operator and the franchised cable operator may decide how to accomplish this connection, taking into consideration the physical and technical characteristics of the cable and the open video systems involved. If the franchised cable operator and the open video system operator cannot agree on how to accomplish the connection, the City has the right to decide. The City may require that the connection occur on City-owned property or on public rights-of-way. f. All costs of connection to the franchised cable operator's public, educational, and governmental access channel feed must be borne by the open video system operator. These costs will be counted towards the open video system operator's matching financial contributions set forth above in subparagraph (d)(i). g. The City will not impose upon the open video system operator any public~ educational, or governmental access obligations that are greater than those imposed upon the franchised cable operator. h. If there is no existing franchised cable operator, the provisions of 47 CFR § 76.1505(d)(6) will be applicable in determining the obligations of the open video system operator. i. The open video system operator must adjust its system to comply with new public, educational, and access obligations imposed on the City's franchised cable operator following a renewal of the cable television franchise; provided, however, that the open video system operator will not be required to displace other programmers using its open video system to accommodate public, educational, and governmental access channels. The open video system operator must comply with Ordinance 599 Page 14 such new public, educational, and governmental access obligations whenever additional capacity is or becomes available, whether it is due to increased channel capacity or to decreased demand for channel capacity. If the City and the open video system operator cannot agree as to the application of the FCC's rules regarding the open video system operator's obligations to provide public, educational, and governmental access under the provisions of subsection 4 set forth above, then either party may file a complaint with the FCC in accordance with the dispute resolution procedures set forth in 47 CFR § 76.1514. No agreement will be executed by the City until the dispute has been finally resolved. If the open video system operator intends to maintain an institutional network, as defined in Section 611 (f) of the Communications Act, the City will require that educational and governmental access channels be designated on that institutional network to the same extent that those channels are designated on the institutional network of the City's franchised cable operator. The authority of an open video system provider to exercise editorial control over any public, educational, or governmental use of channel capacity will be restricted in accordance with the provisions of 47 CFR § 76.1505(f). The obligation of the open video system operator to comply with all applicable federal and state statutes and regulations relating to customer service standards, including the Cable Television and Video Customer Service and Information Act (Government Code §§ 53054, et seq.), and the Video Customer Service Act (Government Code §§ 53088, et seq.) If new physical plant is proposed to be constructed within the City, the obligation of the open video system operator to comply with the following rights-of-way use and management responsibilities that are also imposed by the City upon other telecommunications service providers in a nondiscriminatory and competitively neutral manner: a. Compliance with all applicable City building and zoning codes, including applications for excavation, encroachment, and construction permits and the payment of all required permit and inspection fees. b. The coordination of construction requirements. ¢. Compliance with established standards and procedures for constructing lines across private property. d. Compliance with all applicable insurance and indemnification requirements. e. The repair and resurfacing of construction-damaged streets. f. Compliance with all public safety requirements that are applicable to telecommunications service providers using public property or public rights-of-way. Ordinance 599 Page 15 10. Acts or omissions constituting breaches or defaults of the agreement, and the applicable penalties, liquidated damages, and other remedies, including fines or the suspension, revocation, or termination of the agreement. Requirements relating to the sale, assignment, or transfer of the open video system. 12. Requirements relating to the open video system operator's compliance with and implementation of state and federal laws, rules, and regulations pertaining to the operation of the open video system. 13. Such additional requirements, conditions, terms, policies, and procedures as may be mutually agreed upon by the City and the open video system operator and that will, in the judgment of the City Council, best serve the public interest and protect the public health, welfare, and safety. CHAPTER 7.04 OTHER TELECOMMUNICATIONS SERVICES AND SYSTEMS 7.04.010 - Other Multichannel Video Programming Distributors The term "cable system," as defined in federal law and as set forth in Chapter 7.05 below, does not include a facility that serves subscribers without using any public rights-of-way. Consequently, the categories of multichannel video programming distributors identified below are not deemed to be "cable systems" and are therefore exempt from the Cit¥'s franchise requirements and from certain other local regulatory provisions authorized by federal law, provided that their distribution or transmission facilities do not involve the use of the City's public rights-of-way. A. Multichannel multipoint distribution service (MMDS"), also known as "wireless cable," which typically involves the transmission by an FCC- licensed operator of numerous broadcast stations from a central location using line-of-sight technology. B. Local multipoint distribution service ("LMDS"), another form of over-the- air wireless video service for which licenses are auctioned by the FCC, and which offers video programming, telephony, and data networking services. C. Direct broadcast satellite ("DBS"), also referred to as "direct-to-home satellite services," which involves the distribution or broadcasting of programming or services by satellite directly to the subscriber's premises without the use of ground receiving or distribution equipment, except at the subscriber's premises or in the uplink process to the satellite. Local regulation of direct-to-home satellite services is further proscribed by the following federal statutory provisions: //o Ordinance 599 Page 16 47 U.S.C. § 303(v) confers upon the FCC exclusive jurisdiction to regulate the provision of direct-to-home satellite services. Section 602 of the Communications Act states that a provider of direct-to- home satellite service is exempt from the collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite service. The terms "tax" and "fee" are defined by federal statute to mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction. 7.04.020 - Video Providers - Registration; Customer Service Standards A. Unless the customer protection and customer service obligations of a video provider, as that term is defined in Chapter 7.05, are specified in a franchise, license, lease, or similar written agreement with the City, a video provider must comply with all applicable provisions of the following state statutes: 1. The Cable Television and Video Customer Service and Information Act (Government Code §§ 53054, et seq.) 2. The Video Customer Service Act (Government Code §§ 53088, et seq.) B. All video providers that are operating in the City on the effective date of this title, or that intend to operate in the City after the effective date of this title, must register with the City; provided, however, that this registration requirement is not applicable to any video provider that has executed a franchise, license, lease or similar written agreement with the City. The registration form must include or be accompanied by the following: 1. The video provider's name, address, and local telephone numbers. 2. The names of the officers of the video provider. 3. A copy of the video provider's written policies and procedures relating to customer service standards and the handling of customer complaints, as required by Government Code §§ 53054, et seq. These customer service standards must include, without limitation, standards regarding the following: a. Installation, disconnection, service and repair obligations, employee identification, and service call response time and scheduling. b. Customer telephone and office hours. c. Procedures for billing, charges, refunds, and credits. til Ordinance 599 Page 17 d. Procedures for termination of service. e.Notice of the deletion of a programming service, the changing of channel assignments, or an increase in rates. f. Complaint procedures and procedures for bill dispute resolution. g. The video provider's written commitment to distribute annually to the City, and to its employees and customers, a notice describing the customer service standards specified above in subparagraphs (a) through (f). This annual notice must include the report of the video provider on its performance in meeting its customer service standards, as required by Government Code § 53055.2. 4. Unless a video provider is exempt under federal law from its payment, a registration fee in an amount established by resolution of the City Council to cover the reasonable costs incurred by the City in reviewing and processing the registration form. 5. In addition to the registration fee specified above in subsection (4), the written commitment of the video provider to pay to the City, when due, all costs and expenses reasonably incurred by the City in resolving any disputes between the video provider and its subscribers, which dispute resolution is mandated by Government Code § 53088.2(o). C. The City Council may establish by ordinance a schedule of monetary penalties for the material breach by a video provider of its obligations under subparagraphs (a) through (n) of Government Code § 53088.2. As used herein, the term "material breach" means any substantial and repeated failure to comply with the consumer service standards set forth in Government Code § 53088.2. The provisions of that ordinance must be consistent with the provisions of Government Code § 53088.2. The schedule of monetary penalties may also impose a penalty, as authorized by Government Code § 53056(a), for the failure of a video provider to distribute the annual notice required by Government Code § 53055.1, which penalty may not exceed $500 for each year in which the notice is not distributed as required by state statute. 7.04.030 - Antennas For Telecommunications Services The City's Zoning Code sets forth the regulatory requirements that apply to the siting and construction of various categories of antennas that are commonly used in providing or receiving telecommunications services. //4 Ordinance 599 Page 18 7.04.040 - Telecommunications Service Provided By Telephone Corporations A. The City Council finds and determines as follows: 1. The federal Telecommunications Act of 1996 preempts and declares invalid all state rules that restrict entry or limit competition in both local and long-distance telephone service. 2. The California Public Utilities Commission ("CPUC")is primarily responsible for the implementation of local telephone competition, and it issues certificates of public convenience and necessity to new entrants that are qualified to provide competitive local telephone exchange services and related telecommunications service, whether using their own facilities or the facilities or services provided by other authorized telephone corporations. 3. Section 234(a) of the California Public Utilities Code defines a "telephone corporation" as "every corporation or person owning, controlling, operating, or managing any telephone line for compensation within this state." 4. Section 616 of the California Public Utilities Code provides that a telephone corporation "may condemn any property necessary for the construction and maintenance of its telephone line." 5. Section 2902 of the California Public Utilities Code authorizes municipal corporations to retain their powers of control to supervise and regulate the relationships between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility and the location of the poles, wires, mains, or conduits of any public utility on, under, or above any public streets. 6. Section 7901 of the California Public Utilities Code authorizes telephone and telegraph corporations to construct telephone or telegraph lines along and upon any public road or highway, along or across any of the waters or lands within this state, and to erect poles, posts, piers, or abatements for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters. 7. Section 7901.1 of the California Public Utilities Code confirms the right of municipalities to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed, which control must be applied to all entities in an equivalent manner, and may involve the imposition of fees. 8. Section 50030 of the California Government Code provides that any permit fee imposed by a city for the placement, installation, repair, or upgrading of telecommunications facilities, such as lines, poles, or antennas, by a telephone corporation that has obtained all required authorizations from the CPUC and the FCC to provide telecommunications i/3 Ordinance 599 Page 19 services, must not exceed the reasonable costs of providing the service for which the fee is charged, and must not be levied for general revenue purposes. In recognition of and in compliance with the statutory authorizations and requirements set forth above in paragraph A, the following regulatory provisions are applicable to a telephone corporation that desires to provide telecommunications service by means of facilities that are proposed to be constructed within the City's public rights-of-way: 1. The telephone corporation must apply for and obtain, as may be applicable, an excavation permit, an encroachment permit, or a building permit ("ministerial permit.") 2. In addition to the information required by this Code in connection with an application for a ministerial permit, a telephone corporation must submit to the City the following supplemental information: a. A copy of the certificate of public convenience and necessity issued by the CPUC to the applicant, and a copy of the CPUC decision that authorizes the applicant to provide the telecommunications service for which the facilities are proposed to be constructed in the City's public rights-of-way. b. If the applicant has obtained from the CPUC a certificate of public convenience to operate as a "competitive local carrier," the following additional requirements are applicable: (i) As required by Decision No. 95-12-057 of the CPUC, the applicant must establish that it has timely filed with the City a quarterly report that describes the type of construction and the location of each construction project proposed to be undertaken in the City during the calendar quarter in which the application is filed, which information is sufficient to enable the City to coordinate multiple projects, as may be necessary. (ii) If the applicant's proposed construction project will extend beyond the utility rights-of-way into undisturbed areas or other rights-of-way, the applicant must establish that it has filed a petition with the CPUC to amend its certificate of public convenience and necessity and that the proposed construction project has been subjected to a full-scale environmental analysis by the CPUC, as required by Decision No. 95-12-057 of the CPUC. (iii) The applicant must inform the City whether its proposed construction project will be subject to any of the mitigation measures specified in the Negative Declaration ["Competitive Local Carriers (CLCs) Projects for Local Exchange Communication Service throughout //'/ Ordinance 599 Page 20 California"] or to the Mitigation Monitoring Plan adopted in connection with Decision No. 95-12-057 of the CPUC. The City's issuance of a ministerial permit will be conditioned upon the applicant's compliance with all applicable mitigation measures and monitoring requirements imposed by the CPUC upon telephone corporations that are designated as "competitive local carriers." C. In recognition of the fact that numerous excavations in the public rights- of-way diminish the useful life of the surface pavement, and for the purpose of mitigating the adverse impacts of numerous excavations on the quality and longevity of public street maintenance within the City, the following policies and procedures are adopted: 1. The City Manager is directed to ensure that all public utilities, including telephone corporations, comply with all local design, construction, maintenance and safety standards that are contained within, or are related to, a ministerial permit that authorizes the construction of facilities within the public rights-of-way. 2. The City Manager is directed to coordinate the construction and installation of facilities by public utilities, including telephone corporations, in order to minimize the number of excavations in the public rights-of-way. In this regard, based upon projected plans for street construction or renovation projects, the City Manager is authorized to establish on a quarterly basis one or more construction time periods or "windows" for the installation of facilities within the public rights-of-way. Telephone corporations and other public utilities that submit applications for ministerial permits to construct facilities after a predetermined date may be required to delay such construction until the next quarterly "window" that is established by the City. D. The City reserves all rights that it now possesses or may later acquire with respect to the regulation of any cable or telecommunications service that is provided, or proposed to be provided, by a telephone corporation. These reserved rights may relate, without limitation, to the imposition of reasonable conditions in addition to or different from those set forth in this section, the exaction of a fee or other form of consideration or compensation for use of public rights-of-way, and related matters; provided, however, that such regulatory rights and authority must be consistent with federal and state law that is applicable to cable or telecommunications services provided by telephone corporations. 115 Ordinance 599 Page 21 CHAPTER 7.05 DEFINITIONS 7.05.010 - Defined Terms and Phrases A. For the purposes of this Title 7, the words, terms, phrases, and their derivations set forth in this chapter have the meanings set forth below. Words used in the present tense include the future tense, and words in the singular include the plural number. "Cable Service"means the one-way transmission to subscribers of video programming, or other programming services, and subscriber interaction, if any, that is required for the selection or use of that video programming or other programming service. For the purposes of this definition, "video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station; and "other programming service" means information that a cable system operator makes available to all subscribers generally. "Cable System", or "Cable Communications System" or "Cable Television System", means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. The term "cable system" does not include: (i) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using any public right-of-way; (iii) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Telecommunications Act of 1996, except that such facility will be considered a cable system (other than for purposes specified in Section 621(c) of the 1984 Cable Act) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on- demand services; (iv) an open video system that complies with Section 653 of Title VI of the Telecommunications Act of 1996; or Ordinance 599 Page 22 (v) any facilities of an electric utility that are used solely for operating its electric utility system. "Cable System Operator" means any person or group of persons: (ii) who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system; or who otherwise controls or is responsible for, through any arrangement, the management and operation of that cable system. "City" means the City of Rancho Cucamonga as represented by its City Council or by any delegate acting within the scope of its delegated authority. " CFR § "means the Code of Federal Regulations. Thus, the citation of "47 CFR 80.1" refers to Title 47, part 80, section 1, of the Code of Federal Regulations. "Communications Act" means the Communications Act of 1934 (47 U.S.C. §§ 153, et seq.), as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996. "FCC" or "Federal Communications Commission" means the federal administrative agency, or any lawful successor, that is authorized to regulate telecommunications services and telecommunications service providers on a national level. "Franchise" means an initial authorization, or the renewal of an initial authorization, issued by the City Council, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction or operation of a cable system. Ordinance 599 Page 23 "Franchise Fee" means any fee or assessment of any kind that is authorized by state or federal law to be imposed by the City on a Grantee as compensation in the nature of rent for the Grantee's use of the public rights-of- way. The term "franchise fee" does not include: (i) Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services); (ii) Capital costs that are required by the franchise to be incurred by Grantee for public, educational, or governmental access facilities; (iii) Costs or charges that are incidental to the award or enforcement of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or (iv) Any fee imposed under Title 17, United States Code. "Franchise Service Area" or "Service Area" means the entire geographic area of the City as it is now constituted, or may in the future be constituted, unless otherwise specified in the ordinance or resolution granting a franchise, or in a franchise agreement. "Grantee" means any person that is awarded a franchise in accordance with this title, and that person's lawful successor, transferee, or assignee. "Gross Annual Cable Service Revenues" means the annual gross revenues derived from the Grantee's operations of its cable television system within the City, excluding uncollected bad debt, refundable deposits, rebates or credits, and further excluding any sales, excise, or other taxes or charges that are required to be collected for direct pass-through to the local, state or federal government. Revenues identified and collected from subscribers as franchise fees may not be excluded from a Grantee's gross annual cable service revenues. "Multichannel Video Programming Distributor" or "Video Programming Distributor" means a person such as, but not limited to, a cable system operator, a Ordinance 599 Page 24 multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available multiple channels of video programming for purchase by subscribers or customers. "Open Video System" means a facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service, including video programming, and that is provided to multiple subscribers within the City, provided that the FCC has certified that such system complies with 47 CFR § 1500 et seq., entitled "Open Video Systems." "Open Video System Operator" means any person or group of persons who provides cable service over an open video system and directly or through one or more affiliates owns a significant interest in that open video system, or otherwise controls or is responsible for the management and operation of that open video system. "Person" means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity. "Public, Educational or Government Access Facilities" or "Peg Access Facilities", means the total of the following: (i) Channel capacity designated for noncommercial public, educational, or government use; and (ii) Facilities and equipment for the use of that channel capacity. "Subscriber" or "Customer" or "Consumer" means any person who, for any purpose, subscribes to the services provided by a multichannel video programming distributor and who pays the charges for those services. Ordinance 599 Page 25 "Street" or "Public Way" means each of the following that has been dedicated to the public and maintained under public authority or by others and is located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way, and similar public property that the City from time to time authorizes to be included within the definition of a street. "Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. "Telecommunications Equipment" means equipment, other than customer premises equipment, used by a telecommunications service provider to provide telecommunications service, including software that is integral to that equipment. "Telecommunications Service" means the offering of telecommunications directly to the public for a fee, or to such classes of users as to be effectively available directly to the public, regardless of the equipment or facilities that are used. "Telecommunications Service Provider" means any provider of telecommunications service. " U.S.C. § __" means the United States Code. Thus, the citation of "47 U.S.C. § 153" refers to Title 47, section 153, of the United States Code. "Video Programming Provider" means any person or group of persons who has the right under the federal copyright laws to select and to contract for the carriage of specific video programming on an open video system. "Video Provider" means any person, company, or service that provides one or more channels of video programming to a residence, including a home, condominium, apartment, Ordinance 599 Page 26 or mobilehome, where some fee is paid for that service, whether directly or as included in dues or rental charges, and whether or not public rights-of-way are used in the delivery of that video programming. A "video provider" includes, without limitation, providers of cable television service, master antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution services, and other providers of video programming, whatever their technology. Unless otherwise expressly stated, words, terms, and phrases not defined in this chapter will be given their meaning as used in Title 47 of the United States Code, as amended, and, if not defined in that Code, their meaning as used in Title 47 of the Code of Federal Regulations. CHAPTER 7.06 VIOLATIONS; SEVERABILITY 7.06.010 - Violations; Enforcement A. Any person who willfully violates any provision of this title is guilty of a misdemeanor and is punishable as provided for in Chapter 1.12 of Title 1 of this Code. B. The misdemeanor penalty specified above in paragraph (A) is not applicable to a violation of any provision of this title for which another sanction or penalty may be imposed under any franchise, license, lease, or similar written agreement between the City and a multichannel video programming distributor or other telecommunications service provider. C. The City may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this title. 7.06.020 - Severability If any provision of this title is determined by any court of competent jurisdiction, or by any federal or state agency having jurisdiction over its subject matter, to be invalid and in conflict with any paramount federal or state law or regulation now or hereafter in effect, or is determined by that court or agency to require modification in order to conform to the requirements of that paramount law or regulation, then that provision will be deemed a separate, distinct, and independent part of this title, and such determination will not affect the validity and enforceability of any other provisions. If that paramount federal or state law or regulation is subsequently repealed or amended so that the provision of this title determined to be invalid or subject to modification is no longer in conflict with that law or regulation, then that provision will again become effective and will thereafter be binding on the City and any affected telecommunications service provider; provided, however, that the City must give the affected telecommunications service provider 30 days written notice Ordinance 597 Page 27 of that change before requiring compliance with that provision, or such longer period of time as may be reasonably required for the telecommunications service provider to comply with that provision." SECTION 3: The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause this ordinance to be published as required by law, PASSED, APPROVED, AND ADOPTED this 7t" day of April, 1999. AYES: NOES: ABSENT: ABSTAINED: ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 17th day of March, 1999, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of April, 1999. Executed this 8th day of April, 1999, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk CI'I'Y O1: RANCl-!O CIJCAMONGA STAFF REPORT DATE: April 7, 1999 TO: Mayor and Members of the City Council Jack Lan~, AICP, City Manager FROM: Kevin McArdle, Community Services Director SUBJECT: APPROVAL OF A LEASE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND WESTERN LAND PROPERTIES/LEWIS RETAIL PROVIDING A FACILITY FOR THE 1999 SUMMER PER- FORMING ARTS ACADEMY RECOMMENDATION: It is recommended that the City Council approve the attached lease agreement between Western Land Properties/Lewis Retail and the City of Rancho Cucamonga which will provide the Community Services Department use ofa thcility ~br the 1999 Summer Performing Arts Academy. ANALYSIS/FINDINGS: The Community Services Department has been tbrtunate to work closely with Lewis Retail in the past to jointly offer community programs through partnership arrangements. During the past months, representatives of the Community Services Department and Lewis Retail have held a number of discussions regarding how to continue and expand upon these successful efforts. Through these discussions, the possibility of the City using an available +/- 9,000 square foot storefront (adjacent to former Ben Franklin store) within the Terra Vista Town Center during the 1999 summer months was presented by Lewis Retail. In a spirit of cooperation, Lewis Retail requested the Community Services Department to present a proposal lbr a summer program which would result in a positive service to the community and increased public exposure for the Town Center merchants. After evaluation and discussion, City staff submitted the idea of the Rancho Cucamonga Performing Arts Academy to be developed within the proposed space. Lewis Retail subsequently approved and endorsed the concept for such a program. The Community Services Department staff have identified strong community interest in more peribrining arts programs fbr youth and adults. There are currently a number of performing arts related organizations in and around Rancho C, ucan~onga serving the community. Due to the unavailability of consistent meeting/rehearsal space, these groups have conducted their programs in other communities. The Community Services staff also feels there is strong community interest in performing arts related classes, camps and workshops, Mayor and Members of the City Council Proposal for lease agreement with Lewis Homes April 7. I999 Page 2 Due to the strong cooperation and community interest by Lewis Retail, Community Services is proposing a series of programs and uses within the Terra Vista Center based on performing and cultural arts for the upcoming summer. Under the title of "Rancho Cucamonga Performing Arts Academy", the program would be conducted from June 1 through August 29, 1999 and would include the following program components: Youth Theater Camps and Productions The summer would consist of one-week theater related camps for youth which would offer instruction in drama, singing, dance and technical theater components. Each one week camp would culminate with a production for family and friends. Rehearsals and Performances by Community Performing Arts Organizations Time and space would be available for Rancho Cucamonga-based performing arts organizations to rehearse their current production and to present their activities to the public. One such production tentatively scheduled would be a Shakespeare presentation. Performing Arts One-time Workshops Workshops would be offered to the community in acting, drama, voice, dance and/or technical theater aspects. Arts Related Special Events/Fundraisers The Community Services Department would coordinate a number of special events throughout the summer, including a comedy night, community talent showcase, youth art gallery and community variety show. Some of the special events will serve as thndraisers to support future arts related programming within the Community Services Department. Staff is currently developing a list of sponsorship opportunities which will allow for local businesses, individuals and non-profits to join the partnership. A public intbrmation campaign is currently being developed which will promote the City of Rancho Cucamonga Community Services Department/Lewis Retail Performing Arts Academy to the community. Mayor and Members of the City Council Proposal fi>r lease agreement with Lewis Homes April 7, 1999 Page 3 The proposed facility lease agreement developed by Lewis Retail further demonstrates their on- going commitment to the community. The agreement would provide the City with use of the facility and reasonable utilities at no cost. The City will meet necessary and appropriate insurance requirements. The Community Services Department sincerely appreciates the efforts by Lewis Retail and their representative Paula Dempsey on this project. FISCAL IMPACT: The proposed Performing Arts Academy is anticipated to be self-sustaining with registration lkes and sponsorships covering the City's direct programming costs. Funds have been included within the current year's adjusted budget and in the 1999/2000 proposed budget reflecting this approach. Respectfully submitted, Kevi4dle~g /~ Community Services Director KM/mam Attachment pertbrming arts'\ccleaseagrmnt.99 INDEMNIFICATION, RELEASE, AND AGREEMENT FOR TEMPORARY USE OF PROPERTY TERRA VISTA TOWN CENTER This Agreement is made by and between WESTERN LAND PROPERTIES, a California limited partnership ("Owned'), and CITY OF RANCHO CUCAMONGA, a municipal corporation ("Used'). RECITALS Owner owns a portion of that certain real property known as Terra Vista Town Center in the City of Rancho Cucamonga (the "City"), State of California, the site plan of which is attached hereto as Exhibit A (the "Center") User wishes to use the space located at the Center commonly known as 10828 Foothill Blvd. #120, Rancho Cucamonga, CA and shown on Exhibit A (the "Premises") commencing on June 1, 1999 and continuing through and including August 31, 1999 (the 'q'erm") for the purpose of holding activities described as follows: a children's Summer arts program as a Center-wide marketing program sponsored by the Rancho Cucamonga Community Services Department and Lewis Retail, a division of Lewis Operating Corp. (collectively, the "Use"). Children participating in the Summer arts program will pay the City fees for their individual participation. NOW, THEREFORE, in consideration of the mutual agreements contained herein, Owner and User hereby agree as follows: 1. Use Agreement. Owner agrees to allow User to use the Premises on a exclusive basis during the Term on the terms and conditions stated herein. Permits and Authorizations. User shall be solely responsible, at its sole cost and expense, for obtaining (or causing to be obtained) all required permits and authorizations and complying with all requirements of governmental agencies applicable to this Agreement and all signage to be used in connection with the Use. Rent. User shall not be obligated to pay Owner any rent hereunder; however, Owner will be required to pay all reasonable utility expenses. User will be required to include Lewis Retail in all its printed materials and other marketing activities as a named sponsor of the Use. Liebili~v Insurance. User is a participating member of the Public Agency Risk Sharing Authority of California ("PARSAC"), a joint powers authority and a public agency, not considered insurance or an insurance company by the State of California. However, User, with a self-insured retention ("SIR") of One Hundred Thousand Dollars ($100,000), is afforded protection by PARSAC for comprehensive general liability, contractual liability, and products/completed operations in the amount of at least Nine Hundred Thousand Dollars ($900,000) per occurrence (in excess of the $100,000 SIR), and automobile liability insurance including coverage for owned automobiles and non-owned automobiles in the same amount per occurrence. Prior to the commencement of the Term, User shall deliver a "Certificate of Coverage" naming Owner and Lewis Operating Corp. as an "Additional Covered Party" under the protections afforded User by PARSAC, such protections to include those described earlier in this para~iraph. Such Certificate of Coverage shall also show that the protections prowded by PARSAC are primary and that any insurance carried by any of the Parties shall be non-contributing. The Certificate of Coverage should be delivered to Owner, Attention: Property Management, Lewis Operating Corp., 1156 North Mountain Avenue, Upland, California 91785-0670. Indemnity. To the fullest extent permitted by law, User covenants that the Indemnitees (as hereinafter defined) shall not be liable for, and User hereby protects, defends, indemnifies and holds the Parties, the manager or managing agent of the Center and their respective officers, directors, employees, beneficiaries, shareholders, partners, agents, employees, affiliates, and related or affiliated groups or entities (collectively, the "lndemnitees"), and each of them, harmless from and against any and all claims, expenses, liabilities, losses, damages and costs (including, without limitation, reasonable attorneys' fees and costs whether or not litigation is Agreement for Temporary Use of Property Page 2 actually commenced or a final judgment is rendered) in any way whatsoever related to or connected with the Use except where claims, expenses, liabilities, losses, damages are caused by the sole negligence of the Indemnitees. This indemnity shall survive expiration of the Term. Relee~e. User releases the Indemnitees, one and all, from any and all claims, debts, liabilities, demands, obligations, costs, expenses, attorneys' fees, actions, and causes of action of every nature, character, and description, whether legal, equitable, statutory, or contractual, which User now holds, or may hold in the future, whether known or unknown, against the Indemnitees, directly or indirectly, arising out of the Use (except, where claims, expenses, liabilities, losses, damages are caused by the sole negligence of the Indemnitees), or any other use of the Center by User. User has read and understands the following statutory language of Section 1542 of the California Civil Code: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Having been so apprised, User hereby waives the provisions of this Section 1542 or any similar statute of any other state. Waiver of Subrogation. User waives any rights it may have against the Indemnitees on account of any loss or damage occasioned to User or to any property arising from any risk covered by property insurance carried by User; and User, on behalf of the insurance carrier insuring the property of User against any such loss, waives any right of subrogation that it may have against the Indemnitees. Use of Premises. User shall have the right to use the Premises only during the Term and only for the purpose of the Use. During the Term User shall comply with all applicable laws, ordinances, regulations, and orders of governmental authorities, and any and all rules and regulations for the Center which are established by Owner from time to time. User shall keep the Premises in a neat and clean condition, free from any objectionable noises, odors, and nuisances. User shall not place or permit to be placed on or above the Premises any sign, awning, canopy, advertising matter, or anything of any kind, without the prior written consent of Owner. User acknowledges and agrees that this Agreement shall confer no rights whatsoever with respect to the remainder of the Center which is not included in the Premises. Reauirement~ ResPecting Use. The Use shall be conducted: (i) in good taste, adhering to the standards of a first-class shopping center, (ii) so as not to interfere unreasonably with the use of, access to, or the visibility of the entrance to any building at the Center, and (iii) so as not to interfere with the use of or access to any Party's real property at the Center. User shall obtain (or make arrangements for invitees' obtaining) all services and equipment necessary or appropriate for the safe and orderly conduct of the Use in a manner which minimizes interference with the business operations of the occupants of the Center, including, without limitation, adequate security, portable restrooms, and arrangements for loading and unloading of materials, as appropriate. User's employees shall park only in the hatched area identified as Employee Parking on the site plan attached hereto as Exhibit A. 10. ComDliance with Laws and Rules. User shall comply with all applicable laws, rules, ordinances, and regulations of governmental authorities applicable to the Use, applicable requirements of local governmental authorities, all rules and regulations for the Center establishedby Owner from time to time, and any specific requirements imposed respecting the Use by a~. sgent or employee of Owner. 11. Surrender at Termination of Term. Upon expiration of the Term, User shall, at its sole cost and expense: (i) clean and repair any damage to the Premises, adjacent areas, and other proper~ owned by the Parties occurring, directly or indirectly, as a result of the Use, ~ts participants or invitees, and (ii) clean and surrender the Premises to Owner in substantially the same condition in which they were delivered to User. MAST:984:st.010 Rev,031699:TJC :jbk'.984\G691,13rc /*:~ 7 Agreement for Temporary Use of Property Page 3 12. Rights Reserved by Owner. Owner expressly reserves all rights in and with respect to the Premises and the remainder of the Center not inconsistent with User's use thereof as provided in this Agreement. 13. Counterparts. This Agreement may be executed in any number of identical counterparts which, taken together, shall constitute but one complete Agree~nent. 14. Miscellaneous~ This Agreement shall be governed by the laws of the State of California. This Agreement is the entire agreement of the parties with regard to the subject matter thereof and cannot be amended, waived, or supplemented except by a writing signed by the party against whom enforcement of such amendment, waiver, or supplement is sought. IN WITNESS WHEREOF, this Agreement has been entered into by the parties hereto as of this day of ,1999. "Owner" WESTERN LAND PROPERTIES, a California limited partnership By: LEWIS OPERATING CORP., a California corporation General Partner By: Its: "User" CITY OF RANCHO CUCAMONGA, a municipal corporation By: By: [Print or~ ype Name] Its: Its: [Print or '1 ype Name] Exhibits: A - Site Plan of the Center MAST:984:st.010 Rev.031699:TJC:ibk:984,G691.13rc / (~ ~ " TERRA VISTA TOWN CENTER ~ ~ .. R_~_NCHO CUCA_MONGA, CALIFOl~N'IA , ! s mt ": ' -"~..~" i _ : ~ ~ ;', .~,..,,"'i""~...- ~-"d ~ ~ -.*. ~ , : k ; ! t '~ '"%,_--=--.';' 1% ,"7- ' ~! :~ ;. '-- --'%",. ~ 1J:k."-;'-"',-'~ · :-., ="'F..~-D-' ' ~ ~ ,,~--"~:;-' :'::: ....' ...... "!'~ll i :i I :~ :-"-: :::-:"'~: o.-=.-~ I---- :; ' ' - ~ ' T t ' ' ' ': : ::' : ~- ',i [ · '' ~ ' '~ , , , ~-/z__~ . .. ....... ~ ,. ~ . ..... ~, i i : - T'"' ':: ;~.' · :'::..' : .. ::..'. · ~ ~ ~ ~ ~ ~ ~ ~ . ~;~ .~.~~F -~ ..... ~-~'. =~ ~7' ':'~ '--~/0 k. :'~---i-~-.~-~--4 "_ _ ,- . ~ L .... ~ ~ k-..~ ~--~- . ~ ~ ................. · CITY ()F RANCHO CUCAMONGA STAFF REPORT DATE: April 7, 1999 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Jerry B. Fulwood, Deputy City Manager SUBJECT: CONSIDERATION OF OUAKES REOUEST FOR CITY TO WAIVE FEES FOR A PROPOSED FOUR-DAY BASEBALL CLINIC RECOMMENDATION Staff recommends that the City Council consider the Quakes request to waive fees for a proposed four-day baseball clinic. BACKGROUND/ANALYSIS On March 3, 1999, City Council approved a Resolution which adopted facility rental fee waiver and City service charge waiver policies for the Epicenter. The Resolution sets a two tiered criteria structure which allowed for analysis of fee waiver requests. (1) Waiver of customary rental fees. (2) Waiver of City's direct costs which are incurred in the production of the event. Based on the information that was presented to City staff by the Quakes, their request does not qualify for waiving of City fees for the following reason: ^) B) Facility rental waiver as reduction criteria 2) The organization must be a nonprofit organization Waiver of direct City service charges 1) All of the above criteria must be met. 7) The proposed event will not conflict with similar events. 8) The proposed event is not designed as a profit making activity. The Resolution is attached for your review. sect y su i .... ~Jerry B.~"l~lX~ood Deputy City Manager J BF/dj a Attachment (Resolution No. 99-049) RESOLUTION NO. 99-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF "RANCHO CUCAMONGA ADOPTING FACILITY RENTAL FEE WAIVER AND CITY SERVICE CHARGE WAIVER POLICIES FOR THE EPICENTER RECITALS. (i) The City of Rancho Cucamonga has determined that the provision of certain community activities by private parties at the Epicenter and it's related facilities (Facility) would be beneficial to the City of Rancho Cucamonga and the citizens therein. Such community activities will be beneficial only if they are consistent with the goals, objectives, and vision of the City's Community Services Department. The City Council is desirous of establishing content neutral criteria that can be applied to any requests for waiver or diminishment of Facility Rental Fees and Direct City Service Charges customarily imposed by the City. It is the purpose of this resolution to establish the applicable criteria. (ii) All legal prerequisites to the adoption of this Resolution have occurred. RESOLUTION. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine and resolve as follows: 1. In all respects as set forth in Part A, Recitals, which are hereby incorporated by reference, herein. 2. The following criteria and standards shall be applied by the City Council of the City of Rancho Cucamonga in response to requests for waiver of City imposed charges for Rental Fees and Direct City Service Charges applicable to events conducted by private parties at the Epicenter (Facility): a. Facility Rental Fee Waiver or Reduction Criteria. The City Council of the City of Rancho Cucamonga may, upon request by a qualifying entity, waive or reduce Facility Rental fees and charges in accord with the following criteria: 1. The entity requesting relief from the Facility Rental fee uses charge conducts substantial business activities within the City of Rancho Cucamonga. 2. The entity is properly formed California non-profit organization holding a current City business license. Resolution No. 99-049 Page 2 The event for which the facility is to be used and for which the Facility Rental fee waiver is requested is: (i) not limited in attendance on the basis of any discriminatory criteria; (ii) is not designed or intended to solicit, encourage, to persuade, or induce either membership into the sponsoring entity or financial support thereof, and; (ill)is intended and planned to appeal to and benefit all residents of the City of Rancho Cucamonga. The event (ii) is not anticipated to: cause foreseeable physical damage to the Facility or impair the use of the Facility by other uses except upon the days for which the event is to occur. Waiver of Direct Citv Service Charqe for Community Special Events. The City Council may additionally, in its discretion, reduce or waive charges for Direct City Services imposed by the City of Rancho Cucamonga upon its determination that a Community Special Event is being offered to the City's residents. The criteria applicable to such waiver is as follows: '1. All criteria set forth in Section 2a hereinabove are satisfied. 2. The proposed Community Special Event will provide a direct and tangible benefit to a program or service offered by City. 3. That the activity will not unreasonably subject the City to foreseeable liability for, or arising from, the conduct of such events. 4. That the sponsoring entity will positively identify and advertise the event and the City of Rancho Cucamonga on a regional or greater scale and the Community Special Event is of a nature that will convey a positive image for the City, 5. That the event is designed, intended, and organized in a manner that will either result in the substantial patronage of a significant number of businesses located within the City and/or involve participation of numerous community organizations. 6. Will offer the citizens of the City of Rancho Cucamonga opportunities to participate in unique community activities and events that are not otherwise available within the City by or through the City or any other private party. 7. That the event is not in conflict with or similar to any other event that the City is participating in or assisting in any manner. /3ol Resolution No. 99-049 Page 3 8. That the event is not designed or intended to produce or result in a profit for any involved entity. · · 3. The entity requesting such relief in conformance with the above policies shall submit, in writing, to the City credible information that it believes will support the City Council making the findings required for each waiver or fee reduction. The City may request any further reasonable information that it deems necessary or desirable from the applying entity in order to assist in the City's determination as regards said request. Incomplete requests will not be presented to the City Council for consideration. 4. The City Council will not waive or reduce (i) any required Security/Damage Deposit, (ii) any insurance requirements or, (iii) applicable taxes. ATTEST: PASSED, APPROVED, AND ADOPTED this 3"u day of March, 1999. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. AlexaF8er, Mayor Debra J. Adah~, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that tile foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 3r~ day of March, 1999. Executed this 4th day of March, 1999, at Rancho Cucamonga, California. Debra J. Adams; (~MC, City Clerk CITY OF RANC, HO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: April 7, 1999 Mayor and Members of the City Council Jack Lam, AICP, City Manager Jerry B. Fulwood, Deputy City Manager Approval of a Resolution of the City Council of the City of Rancho Cucamonga Authorizing the Renewal of a Cable Television Franchise Agreement Between the City and American Cable Entertainment Company, LLC; and Approval of a Resolution of the City Council of the City of Rancho Cucamonga Authorizing the Renewal of a Cable Television Franchise Agreement Between the City and Comcast Cablevision of Inland Valley, Inc. RECOMMENDATION Consideration of Resolutions authorizing the renewal of a cable television franchise agreement between the City of Rancho Cucamonga and American Cable Entertainment Company and The City of Rancho Cucamonga and Comcast Cablevision of Inland Valley, Inc. BACKGROUND American Cable Entertainment is the holder of a franchise that authorizes the construction, operation and maintenance of a cable system within the City of Rancho Cucamonga. Comcast Cablevision of Inland Valley currently operates and maintains a cable television system under the authority of a franchise previously granted by the County of San Bernardino, an interim operating agreement that was approved by Resolution No. 93-208 as adopted by Rancho Cucamonga City Council on November 3, 1993, and thereafter extended on a periodic basis. Negotiations between the City and American Cable Entertainment Company (ACE) commenced around October of 1998. ACE's franchise will terminate on April 17, 2000. Negotiation between the City and Comcast Cablevision has been conducted intermittently over a considerable period of time. ANALYSIS A new franchise agreement has been negotiated between the City and ACE and the City and Comcast Cablevision. The agreement is a Non-exclusive Franchise to Operate a Cable Television System in the City of Rancho Cucamonga and Setting Forth Terms and Conditions Relating to the Renewal of the Franchise ("Franchise Renewal Agreement"). The Consultants and staff have reviewed the present and future cable-related needs of the community and the cable company's abilities to carry out their obligations under the franchise renewal agreements. Additionally, the Franchisee's financial, legal and technical qualifications to hold and operate a cable television franchise within the City were also reviewed. Therefore a determination has been made that is based on the following findings: a) The Franchisee has substantially complied with the material terms of the existing Franchise and applicable law; b) The quality of the Franchisee's service including signal quality, response to consumer complaints, and billing practice:s; c) The Franchisee has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the Franchise Renewal Agreement; d) The Franchisee,'s performance of the obligations set forth in the Franchise Renewal Agreement will reasonably meet the thture cable-related community needs and interests, taking into account the cost of meeting those needs and interests. The City has concentrated much effort in developing one Franchise Agreement that would govern both ACE, and Comcast Cablevision to insure consistent quality cable service throughout the City. Exhibit (A) list 'the differences between ACE and Comcast Cablevision's Franchise Renewal Agreements. Additionally, this Franchise Agreement contains a "Consumer Protection Standard" to assist the City in addressing cable related issues. ACE and Comcast's Franchise Agreements contains a Grantee Technological Implementation Plan. ACE will commence their system upgrade by January 1, 2000. ACE franchise ~will automatically be extended to April 17, 2015, if the system upgrade is completed by April 17, 2001. Comcast Cablevision has committed to a complete system upgrade to 750MHz by December 31, 1999. Comcast franchise will be extended by five years upon realization of the system upgrade by December 31, 1999. 155 CONCLUSION By City Council approving the attached Resolutions, City Council will authorize the renewal of a nonexclusive franchise with franchisees to construct, operate, and maintain a cable television system within the city. This authorization is made in accordance with the applicable provisions of Title & of the Rancho Cucamonga Municipal Code, and the provisions of state and federal law as well as the Franchise Renewal Agreement. R~i~pectfully submitted, Jerry B '~Fulwood, t/, · [DeputyCity Manager MICHAEL G COLANTLIONO B. TILDEN SASKIA T ASAMURA K, AYSER O, $UME C. EDWARD DILKES Mr. Jerry Fulwood Deputy City Manager City of Rancho Cucamonga 10500 Civic Center Drive Post Office Box 807 Rancho Cucamonga, California RICHARDS, WATSON & GERSHON ATTORNEYS AT LAW THIRTY-EIGHTH FLOOR 333 SOUTH HOPE STREET LOS ANGELES, CALIFORNIA 90071-1 469 (213) 626-8484 FACSIMILE (213) 626-0078 February 25, 1999 RICHARD RICHARDS SAN FRANCISCO OFF=ICE SUITE 960 FORTY-FOUR MONTGOMERY STREET SAN FRANCISCO, CALIFORNIA 94104-4611 0593937 .... ': ....~ By Facsimile and U. S. Mail 9i'729-0807 Re: Cable Television Franchise Agreements (ACE and Comcast:) Dear Jerry: As you requested, I am submitting to you a brief description of Ehe differences that exist with regard to the cable television franchise agreements that have been drafted for American Cable Entertainment Company, LLC ("ACE") and for Comcast Cablevision of Inland Valley, Inc. ("Comcast"). These differences are identified as follows: 1. Pa:raqraph (B) of the Recitals. The substance of paragraph (B) differs in each agreement because the history of the cable television franchise is different for each of the cable operators. 2. Subsections 1.1 and 1.2. The contents of these two subsections differ because of the different names, addresses, and principal representatives of the two cable operators. 3. Subsection 1.5(a) . The text of Subsection 1.5(a) is different because of the different histories of the two cable television franchises that. are being renewed. i57 RICHARDS, WATSON & GERSHON Mr. Jerry Fulwood February 25, 1999 Page 2 4. Subsection 1.8. The initial term of the franchise renewal for Comcast is I0 years, plus five additional years upon the timely completion of the upgrade of the cable system. This upgrade is almost completed. With regard to ACE, the initial term of the franchise renewal is three years, plus an extension to April 17, 2015, upon the timely completion of the upgrade. This short initial term provides a substantial incentive to ACE (and to any transferee of the franchise) to begin and to complete the upgrade of the cable system in an expeditious manner. 5. Subsection 2.2. Both cable operators will be obligated to pay to the City a franchise fee of 5% of their annual gross receipts. As we previously informed you, the San Bernardino County franchise under which Comcast is currently operating provides for the payment of only a 2% franchise fee. 6. Subsection 2.5(a) . The performance bond that the City may require from Comcast in connection with the upgrade of the cable system may not exceed $100,000. This reflects the fact that Comcast's upgrade is nearly completed. With regard to ACE, the upgrade has not yet commenced, and the performance bond, if required, may be in a principal amount up to $500,000. 7. Subsection 2.5(b) . The performance bond to be provided by Comcast to secure contractual obligations other than those related to the upgrade cannot be less than $50,000. The performance bond to be provided by ACE cannot be less than $100,000. The variation here takes into account the relative sizes of the cable operators' franchise service areas. 8. Subsection 4.3(a) . The facilities listed under Subsection 4.3(a) are different because they are located in different franchise service areas. 9. Exhibit B. These exhibits differ because of the different ownership structures of the cable operators. 10. Exhibit D. ?hese exhibits differ because each of the cable operators has submitted to the City its own narrative of the proposed "Technology Implementation Plan" and its own estimated time for completion of the cable system upgrade. 11. Exhibit E. These exhibits differ because of variations in the configuration of the cable operators' regional systems and facilities, as well as variations in the nature of support that each cable operator is prepared to give to the City in connection with the public~ educational, and governmental access channels. RICHARDS, WATSON &. GERSHON Mr. Jerry Fulwood February 25, 1999 Page 3 If any questions should arise concerning the differences in these two cable television franchise agreements, or their origins, please give me a call. Very truly yours, William B. Rudell Assistant City Attorney WBR: syc 0593937 cc: James L. Markman, City Attorney RESOLUTION NO. ~-~93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND AMERICAN CABLE ENTERTAINMENT COMPANY, LLC THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES FIND, DECLARE, AND RESOLVE AS FOLLOWS: Section 1. This resolution is adopted in consideration of the following facts and circumstances: A. American Cable Entertainment Company, LLC, a Delaware limited liability company doing business as American Cable Entertainment ("Franchisee"), is the duly authorized holder of a franchise ("Franchise") that authorizes the construction, operation, and maintenance of a cable television system within the City of Rancho Cucamonga ("Franchise Authority"). B. By its terms, the Franchise will terminate in its entirety on April 17, 2000. C. Negotiations between the Franchise Authority and the Franchisee commenced in late 1998. In addition, City staff conducted inquiries for the purpose of evaluating the future cable-related community needs and interests and the cable operator's performance under the existing Franchise. A new agreement has been negotiated entitled "An Agreement between the City of Rancho Cucamonga and American Cable Entertainment Company, LLC, Renewing a Non-~Exclusive Franchise to Operate a Cable Television System in the City of Rancho Cucamonga and Setting Forth Terms and Conditions Relating to the Renewal of the Franchise" ("Franchise Renewal Agreement"). A copy of the Franchise Renewal Agreement. is attached as Exhibit 1 to this resolution. D. The Franchise Authority has reviewed the present and future cable-related needs of the community and its residents, the Franchisee's record of service and its ability to carry out its obligations under the Franchise Renewal Agreement, and the Franchisee's financial, legal, and technical qualifications to hold and to operate a cable television franchise, and has determined that the public interest would be served by authorizing the Franchise Renewal Agreement. This determination is based upon the following findings: (1) The Franchisee has substantially complied with the material terms of the existing Franchise and with applicable law; (2) The quality of the Franchisee's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix, quality, or level of cable services or other services provided over the system, has been reasonable in light of community needs; (3) The Franchisee has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the Franchise Renewal Agreement attached as Exhibit 1; and (4) The Franchisee's performance of the obligations set forth in the Franchise Renewal Agreement will reasonably meet the future cable-related community needs and interests, taking into account the cost of meeting those needs and interests. Section 2. The Franchise Authority authorizes 5he renewal of a nonexclusive franchise with the Franchisee to construct, operate, and maintain a cable television system within the City. This authorization is made in accordance with the applicable provisions of Title 7 of the Rancho Cucamonga Municipal Code, the applicable provisions of state and federal law, and the terms and conditions of that certain Franchise Renewal Agreement attached as Exhibit 1 to this resolution. Section 3. Franchisee will reimburse the Franchise Authority for all costs and expenses reasonably incurred by the Franchise Authority's staff in connection with the negotiation, drafting, and processing of the Franchise Renewal Agreement; provided, however, that those costs and expenses will not exceed the sum of $ and will be set forth in an itemized statement transmitted by the City Manager, or the City Manager's designee, within 30 days after the effective date of this resolution. Section 4. That certain Franchise Renewal Agreement attached as Exhibit 1 to this resolution is authorized and approved, and the Mayor is authorized to execute that agreement on behalf of the Franchise Authority following its execution by the Franchisee. Section 5. The City Clerk is directed to certify to the adoption of this resolution and to transmit a certified copy to Day L. Patterson, Esq., Senior Vice President and General Counsel for the Franchisee at Four Landmark Square, Suite 302, Stamford, Connecticut 06901. PASSED, APPROVED, AND ADOPTED this day of , 1999. ATTEST City Clerk APPROVED AS TO FORM: Mayor City Attorney 990309 11231-00001 syc 0593952 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND COMCAST CABLEVISION OF INLAND VALLEY, INC. THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES FIND, DECLARE, AND RESOLVE AS FOLLOWS: Section 1. This resolution is adopted in consideration of the following facts and circumstances: A. Comcast Cablevision of Inland Valley, Inc., a Delaware corporation doing business as Comcast Cablevision ("Franchisee"), currently operates and maintains a cable television system under the authority of a franchise previously granted by the County of San Bernardino, and an "Interim Operating Agreement" that was approved by Resolution No. 93-208 as adopted by the Rancho Cucamonga City Council ("Franchise Authority") on November 3, 1993, and thereafter extended on a periodic basis. B. Franchisee has requested a renewal of its cable television franchise ("Franchise") in the currently existing franchise service area. C. Negotiations between the Franchise Authority and the Franchisee have been conducted intermittently over a considerable period of time. In addition, City staff has conducted inquiries for the purpose of evaluating the future cable-related community needs and interests and the cable operator's performance under the existing Franchise. A new agreement has been negotiated entitled "An Agreement between the City of Rancho Cucamonga and Comcast Cablevision Renewing a Non- Exclusive Franchise to Operate a Cable Television System in the City of Rancho Cucamonga and Setting Forth Terms and Conditions Relating to the Renewal of the Franchise" ("Franchise Renewal Agreement"). A copy of the Franchise Renewal Agreement is attached as Exhibit 1 to this resolution. D. The Franchise Authority has reviewed the present and future cable-related needs of the community and its residents, the Franchisee's record of service and its ability to carry out its obligations under the Franchise Renewal Agreement, and the Franchisee's financial, legal, and technical qualifications to hold and to operate a cable television 990309 11231-00001 syc 0593953 0 franchise, and has determined that the public interest would be served by authorizing the Franchise Renewal Agreement. This determination is based upon the following findings: (1) The Franchisee has substantially complied with the material terms of the existing Franchise and with applicable law; (2) The quality of the Franchisee's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix, quality, or level of cable services or other services provided over the system, has been reasonable in light of community needs; (3) The Franchisee has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the Franchise Renewal Agreement attached as Exhibit 1; and (4) The Franchisee's performance of the obligations set forth in the Franchise Renewal Agreement will reasonably meet the future cable-related community needs and interests, taking into account the cost of meeting those needs and interests. Section 2. The Franchise Authority authorizes the renewal of a nonexclusive franchise with the Franchisee to construct, operate, and maintain a cable television system within the City. This authorization is made in accordance with the applicable prowlsions of Title 7 of the Rancho Cucamonga Municipal Code, the applicable provisions of state and federal law, and the terms and conditions of that certain Franchise Renewal Agreement attached as Exhibit 1 to this resolution. Section 3. Franchisee will reimburse the Franchise Authority for all costs and expenses reasonably incurred by the Franchise Authority in connection with the negotiation, drafting, and processing of the Franchise Renewal Agreement; provided, however, that those costs and expenses will not exceed the sum of $ and will be set forth in an itemized statement transmitted by the City Manager, or the City Manager's designee, within 30 days after the effective date of this resolution. Section 4. That certain Franchise Renewal Agreement attached as Exhibit 1 to this resolution is authorized and approved, and the Mayor is authorized to execute that agreement on behalf of the Franchise Authority following its execution by the Franchisee. Section 5. The City Clerk is directed to certify to the adoption of this resolution and to transmit a certified copy to Ms. Sheila R. Willard, Vice President Public Affairs, Comcast _~0~0~ ~-0000~ ~c0s.~5~ 0 -- 2 - /~ Cable Communications, Inc., 15(10 Market Street, Philadelphia, PA 19102-2148. PASSED, APPROVED, AND ADOPTED this day of , 1999. ATTEST Mayor City Clerk APPROVED AS TO FORM: City Attorney March 20, 1999 City Clerk 10500 Civic Cem:er Drive Rancho Cucamonga, CA 91729 [)ear City Clerk: Please add my name to the agenda for the next city council meeting. For several years I have owned rental property at 9307 19th Street. I have always cooperated and never had a problem with any one in the city. For several years I have received a letter informing me that it was time to remove all weeds and grass. I have always complied. This year is different; The Code Enforcement office is harassing and accusing me of not taking care of the yard at 9307 19th St. I met with the Code Enforcement office on 3-18-99 and we cannot come to an agreement. The tenants have tried to cooperate with the personnel in the Code Enforcement Office. But they cannot be satisfied, every letter from their office asks for more things to be done. I do not agree with there opinion about the yard. The yard has been like this for years and now they are insisting I do a major landscaping. I believe the yard is clean and looks better than some of the other yard in that area of the city. It is for certain compatible with the other yards in the neighborhood. The Code Enforcement office has not told any of the surrounding neighbors to landscape their yards. When I asked why not, the officer said they had received an anonymous phone call regarding my property. Now the Code Enforcement Office is threatening to take legal action. If I can speak to the City Council maybe we can resolve this matter without the legal action. I need an opinion of a neutral parD'. Thank You, Gary Youell /./J'~ Jl //' F f Y February 26, 1999 Gary and Jamie Youell 4301 Campbell Street Riverside, CA 92509 Dear Mr. and Mrs. Youell It has come to the attention of the Office of City Prosecutor that you are in violation of section(s) 17.08.070B.6 of the Rancho Cucarnonga Municipal Code in that you have unlawfully failed to maintain landscaping in all visible yard and parkway areas at the property known as 9307 19th Street, Rancho Cucamonga, California. Despite attempts by the City to secure your cooperation, this problem still exists. Prior to the possible filing of a criminal complaint against you for your failure to comply with these ordinances, (which may result in the payment of a fine and/or a term of summary probation), an office conference has been arranged to discuss the matter. The time chosen for either you personally to be present or a representative on your behalf is 10:00 A.M. in my office located in City Hall, 10500 Civic Center Drive, Ranch() Cucamonga, California, on Thursday, March 18, 1999. If this time is inconvenient for you please contact either me or Mary Burgan, Code Enforcement Officer at 909 477-2720 since your non-appearance will compel us to assume that the charges are correct, and we will proceed with appropriate legal action. Thank you for your attention to this matter Very truly yours, MARTIN J. MAYER City Prosecutor By: DAN PEELMAN Deputy City Prosecutor cc: Mary Burgan, Code Enforcement Offi ,'" · F'hX (9()9) 477.2847 /¥?