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Home My WebLink About2010/02/17 - Agenda PacketCenter Drive ~ Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 AGENDAS e REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT BOARDS CITY COUNCIL REGULAR MEETINGS 1St and 3'd Wednesdays ~ 7:00 P.M. FEBRUARY 17, 2010 MEMBERS MAYOR MAYOR PRO TEM COUNCIL MEMBERS Donald J. Kurth, M.D. L. Dennis Michael Rex Gutierrez Sam Spagnolo Diane Williams CITY MANAGER CITY ATTORNEY CITY CLERK Jack Lam, AICP James L. Markman Janice C. Reynolds ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room............ 5:00 P.M. REGULAR MEETING Council Chambers ......................... 7:00 P.M. a INFORMATION FOR THE PUBLIC RANCHO C,,UCAMONGA TO ADDRESS THE REDEVELOPMENT AGENCY. FIRE BOARD AND CITY COUNCIL The Agency, Fire Board and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Agency, Fire Board or City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. if as part of your presentation, You would like to display audio or visual material, please see the Cify Clerk before the meeting commences. If you are present to speak on an "Advertised Public Hearing" item, your name will be called when that item is being discussed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Any handouts for the Agency, Fire Board or City Council should be given to the City Clerk for distribution AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, Public Library and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Agency, Fire Board and Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on-demand" from their computers. The added feature of "Streaming Video On Demand" is available on the City's website at www.ci.rancho- cucamonga.ca.us/whatsnew.htm for those with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The Agency, Fire Board and City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Redevelopment Agency and the Fire District Board. Copies of the agendas and minutes can be found at http:llwww.ci.rancho-cucamonga.ca.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA FEBRUARY 17, 2010 A. 5:00 P.M. -CLOSED SESSION CALL TO ORDER -TAPIR ROOM A1. Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams CLOSED SESSION CALLED TO ORDER AS THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEMS C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S D. CONDUCT OF CLOSED SESSION D1. LABOR NEGATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA, FIRE & CITY E. CITY MANAGER ANNOUNCEMENTS i F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ FEBRUARY 17, 2010 2 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE AGENCY, FIRE BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call: Mayor Kurth Mayor Pro Tem Michael Councilmembers Gutierrez, Spagnolo and Williams H. ANNOUNCEMENTS/PRESENTATIONS H 1. Double Discount Voucher Program. I. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Redevelopment Agency, Fire Protection District and City Council on any item listed or not listed on the agenda. State law prohibits the Agency, Fire Board, or City Council from addressing any issue not previously Included on the Agenda. The Agency, Fire Board, or City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Agency, Fire Board or City Council, not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA FEBRUARY 17, 2010 3 .T. CONSENT CALENDAR -REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Agency at one time without discussion. Any item may be removed by an Agencymember for discussion. J1. Approval of Minutes: • January 19, 2010 (Special Closed Session) • January 21, 2010 (Special Meeting -Consensus Building) • February 3, 2010 (Special Meeting -Phase II of Smoking Regulations) -Gutierrez absent • February 3, 2010 (Regular Meeting) J2. Approval of Check Register dated January 28 through February 9, 2010, for the total ~ amount of $256,271.80. 2 J3. Approve to receive and file current Investment Schedule as of January 31, 2010. J4. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of 19 Haven Avenue Pavement Rehabilitation from 4'-" Street to Foothill Boulevard, to be funded from Measure "I" funds, Acct. No. 11763035650/1681176-0, Proposition 42 funds, Acct. No. 1190303-5650/1681190-0, and 2004 Tax Allocation Bond funds, Acct. No. 2660303- 5650/1681660-0. RESOLUTION NO. RA 10-003 21 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HAVEN AVENUE PAVEMENT REHABILITATION FROM 4T" STREET TO FOOTHILL BOULEVARD," IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS J5. Approval to authorize the advertising of the "Notice Inviting Bids" for the Acoustics Panels 26 and Window Shades at Paul A. Biane Library, to be funded from Library Funds (630). RESOLUTION NO. RA 10-004 28 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "ACOUSTIC PANELS AND WINDOW SHADES AT PAUL A. BIANE LIBRARY," IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS J6. Approval of a Resolution Waiving Privilege to Maintain the Confidentiality of Certain 33 Specific Closed Session Materials for the District Attorney's Office. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 4 _ FEBRUARY 17, 2010 RESOLUTION NO. RA 10-005 34 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, WAIVING ITS PRIVILEGE TO MAINTAIN THE CONFIDENTIALITY OF CERTAIN SPECIFIED CLOSED SESSION MATERIALS ONLY IN ORDER TO PROVIDE THOSE MATERIALS TO THE OFFICE OF THE SAN BERNARDINO COUNTY DISTRICT ATTORNEY J7. Approve the sources of payment and necessary budget appropriation for the Rancho 36 Cucamonga Redevelopment Agency's share of the State Budget Deficit Reduction (Supplemental Educational Revenue Augmentation Fund) for Fiscal Year 09/10 (Fund 2511801-5519 to pay $22,000,000.00; Fund 2500801-5519 to pay $6,898,900.00; and Fund 2505801-5519 to pay $3,210,990) totaling $32,109,879.00. J8. Approval to terminate the Professional Services Agreement RA 06-012 awarded to 38 McCarthy Building Companies, Inc., of Newport Beach, for the construction management services for the Fire Protection District's Administration Headquarters project, on good terms ending February 17, 2010. J9. Approval to execute contract renewals (CO 90-145, 89-136, 93-006) with Mariposa 39 Horticultural Enterprises, Inc., of Irwindale, Califomia, for the maintenance of City parks and City and Fire District landscape sites, in the amount not to exceed $1,401,000.00 for City facilities and $65,750.00 for Fire District facilities for Fiscal Year 2009-2010, to be funded from various General Fund accounts, San Bernardino County Reimbursement account, Capital Reserve account, Landscape Maintenance District accounts, CFD 868 account, RDA Administration and Fire District accounts. J10. Approval to execute contract renewals {CO 90-144, 90-143, 02-018) with Trugreen 40 Landcare of Upland, California, for the maintenance of City landscape sites, in the amount not to exceed $1,674,120.00, to be funded from various General Fund accounts, Landscape Maintenance District accounts, Foothill Boulevard Maintenance account, and RDA Administration account, as approved in the Fiscal Year 2009-2010 Budget. J11. Approval of a resolution terminating an agreement between the City of Rancho Cucamonga 41 and the Rancho Cucamonga Redevelopment Agency (Nos. RA 03-009/CO 03-004) for reimbursement of costs related to Community Facilities Districts 2001-01 and 2003-01. RESOLUTION NO. RA 10-006 42 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, TERMINATING AN AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY FOR REIMBURSEMENT OF COSTS RELATED TO COMMUNITY FACILITIES DISTRICTS 2001-01 AND 2003-01 J12. Approval to release Faithful Performance Bond Nos. 190017195 and 104809467, retained 43 in lieu of Maintenance Guarantee Bond in the amount of $6,239,501.50 for the RCMU and Fiber Backbone Extensions, and Foothill Boulevard Median Lighting Improvements, Contract No. RA 07-003. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 5 Rnrrceo FEBRUARY 17, 2010 ~,UCAMONGA K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board at one time without discussion. Any item may be removed by a Boardmember for discussion. K1. Approval of Minutes: • January 19, 2010 (Special Closed Session) • January 21, 2010 (Special Meeting -Consensus Building) • February 3, 2010 (Special Meeting -Phase II of Smoking Regulations) -Gutierrez absent • February 3, 2010 (Regular Meeting) K2. Approval of Check Register dated January 28 through February 9, 2010, for the total amount 45 of $56,169.01. K3. Approval to receive and file current Investment Schedule as of January 31, 2010. 47 K4. Approval to receive a donation in the amount of $2,500.00 from Wal-Mart for use in enhancing our Public Education Program. 52 K5. Approval to authorize the advertisement of the "Notice Inviting Bids," including the pre- 53 qualification of bidders for the Hellman Fire Station {177) Construction Project, to be funded from Acct. No. 3289501-5650/1597289-6314. RESOLUTION NO. FD 10-006 54 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE PRE-QUALIFICATION STATEMENTS AND BIDS FOR THE HELLMAN FIRE STATION (177) CONSTRUCTION PROJECT IN SAID CITY K6. Approval to execute contract renewals (CO 90-145, 89-136, 93-006) with Mariposa 59 Horticultural Enterprises, Inc., of Irwindale, California, for the maintenance of City parks and City and Fire District landscape sites, in the amount not to exceed $1,401,000.00 for City facilities and $65,750.00 for Fire District facilities for Fiscal Year 2009-2010, to be funded from various General Fund Accounts, San Bernardino County Reimbursement Account, Capital Reserve Account, Landscape Maintenance District Accounts, CFD 868 Account, RDA Administration and Fire District Accounts. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA _ FEBRUARY 17, 2010 6 L. CONSENT CALENDAR -CITY COUNCIL 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 for discussion. L1. Approval of Minutes: • January 19, 2010 (Special Closed Session) • January 21, 2010 (Special Meeting -Consensus Building) • February 3, 2010 (Special Meeting -Phase II of Smoking Regulations) -Gutierrez absent • February 3, 2010 (Regular Meeting) L2. Approval of Check Register dated January 28 through February 9, 2010, and payroll 60 ending February 9, 2010, for the total amount of $4,582,106.43. L3. Approval to receive and file current Investment Schedule as of January 31, 2010. 77 L4. Approval to authorize the advertising of the "Notice Inviting Bids" .for the Calle Veiar Street Improvements from approximately 150' west of Avenida Leon to Avenida Castro and 86 Avenida Leon Street Improvements from Arrow Route to Calle Vejar, to be funded from Community Development Block Grant and Community Development Block Grant-Recovery Funds (204). RESOLUTION NO. 10-024 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "CALLE VEJAR STREET IMPROVEMENTS FROM APPROXIMATELY 150' WEST OF AVENIDA LEON TO AVENIDA CASTRO AND AVENIDA LEON STREET IMPROVEMENTS FROM ARROW ROUTE TO CALLE VEJAR" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L5. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of gq Haven Avenue Pavement Rehabilitation from 4"-' Street to Foothill Boulevard, to be funded from Measure "I" funds, Acct. No. 1 1 76303-5650/1 681 1 76-0, Proposition 42 funds, Acct. No. 1190303-5650/1681190-0, and 2004 Tax Allocation Bond funds, Acct. No. 2660303- 5650/1681660-0. 96 RESOLUTION NO. 10-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HAVEN AVENUE PAVEMENT REHABILITATION FROM 4T" STREET TO FOOTHILL BOULEVARD" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS -NCHO REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA FEBRUARY 17, 2010 ~ C',,UCAMONGA L6. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of 101 Hillside Road Pavement Rehabilitation from Beryl Street to Archibald Avenue; Beryl Street Pavement Rehabilitation from Sunflower Street to North City Limit; and Wilson Avenue Pavement Rehabilitation from Carnelian Street to 1400 feet east, to be funded from Measure "I" and Proposition 1 B Funds. 103 RESOLUTION NO. 10-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HILLSIDE ROAD PAVEMENT REHABILITATION FROM BERYL STREET TO ARCHIBALD AVENUE; THE BERYL STREET PAVEMENT REHABILITATION FROM SUNFLOWER STREET TO NORTH CITY LIMITS; AND THE WILSON AVENUE PAVEMENT REHABILITATION FROM CARNELIAN STREET TO 1400 FEET EAST' IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 108 L7. Approval of Community Services Update Report. L8. Approval to allocate $15,000.00 awarded by the California State Library into Library Revenue Account 1290000-4740/0-3705 and appropriate $13,000.00 into Expenditure 119 Account 1291601-5200!0-3705 and appropriate $2,000 into Expenditure Account 1291601- 5300l0-3705. L9. Approval to award the purchase of various mixes to asphalt materials from Holliday Rock of " " 121 Upland, California, as per Request For Bid ( RFB ) #09/10-006 in the amount not to exceed $230,000.00 annually from Acct. Nos. 1001316-5200 (Park and Street Maintenance), 1006303-5200 (CVWD Reimbursements), and 1186316-5200 (Foothill Blvd. Maintenance) with the option to renew in the amount based on the approved budget for additional one (1) year periods for a total of three (3) years upon evaluation and City approval of any price revisions. L10. Approval to award the purchase of concrete materials from Holliday Rock of Upland, 122 California, as per Request For Bid ("RFB") #09110-007 in the amount not to exceed $90,000.00 annually from Acct. Nos. 1001316-5200 (Park and Street Maintenance) and 1006303-5200 (CVWD Reimbursements) with the option to renew in the amount based on the approved budget for additional one (1) year periods for a total of three (3) years upon evaluation and City approval of any price revisions. L11. Approval of a request to Summarily Vacate a portion of Camelian Street, located north of 123 San Bernardino Road V-217 -APN 207-102-48, 208-091-56 and 208-091-57. RESOLUTION NO. 10-027 125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF CARNELIAN STREET, NORTH OF SAN BERNARDINO ROAD REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 8 FEBRUARY 17, 2010 ~~rrcHo l .UCAMONGA L12. Approval of the name, "Route 66 Trailhead," for the proposed trailhead to be located on the 128 north side of Foothill Boulevard west of the Foothill Boulevard/Baker Avenue intersection and south of the Pacific Electric Trail. L13. Approval of a Resolution terminating an agreement between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency (Nos. CO 03-004/RA03- 131 009) for reimbursement of costs related to Community Facilities Districts 2001-01 and 2003-01. RESOLUTION NO. 10-028 ', 132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TERMINATING AN AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY FOR REIMBURSEMENT OF COSTS RELATED TO COMMUNITY FACILITIES DISTRICTS 2001- 01 AND 2003-01 L14. Approval to authorize the Mayor to sign letters of support on behalf of Hope Through 133 Housing Foundation (Hope) and National Community Renaissance (National CORE) for Federal funding for Fiscal Year 2010-2011. L15. Approval of a Resolution Waiving Privilege to Maintain the Confidentiality of Certain 136 Specific Closed Session Materials for the District Attorney's Office. RESOLUTION NO. 10-029 137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, WAIVING ITS PRIVILEGE TO MAINTAIN THE CONFIDENTIALITY OF CERTAIN SPECIFIED CLOSED SESSION MATERIALS ONLY IN ORDER TO PROVIDE THOSE MATERIALS TO THE OFFICE OF THE SAN BERNARDINO COUNTY DISTRICT ATTORNEY L16. Approval of renewal and amendment of the agreement for Professional Services Contract 139 #OS-158 to AEF System Consulting, Inc., for consulting services in relation to the web redesign project and implementation of the City of Rancho Cucamonga Citizen Relationship Management System ("CRM") in the amount not to exceed $64,000.00, and appropriation of $64,000.00 into Acct. No. 171400-5300 (Computer Technology - Professional Services) to fund the agreement revisions. L17. Approval to execute contract renewals (CO 90-145, 89-136, 93-006) with Mariposa 141 Horticultural Enterprises, Inc., of Irwindale, California, for the maintenance of City parks and City and Fire District landscape sites, in the amount not to exceed $1,401,000.00 for City facilities and $65,750.00 for Fire District facilities for Fiscal Year 2009-2010, to be funded from various General Fund Accounts, San Bernardino County Reimbursement Account, Capital Reserve Account, Landscape Maintenance District Accounts, CFD 868 Account, RDA Administration and Fire District Accounts. ANCHO REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA FEBRUARY 17, 2010 9 CU CAMONGA L18. Approval to execute contract renewals (CO 90-144, 90-143, 02-018) with Trugreen 142 Landcare of Upland, California, for the maintenance of City landscape sites, in the amount not to exceed $1,674,120.00, to be funded from various General Fund accounts, Landscape Maintenance District accounts, Foothill Boulevard Maintenance account, and RDA Administration account, as approved in the Fiscal Year 2009-2010 Budget. L19. Approval to award a contract to Civica Software (CO 10-014) of Newport Beach, for the 147 purchase of software and professional services with respect to the installation, configuration, implementation, training, data migration, maintenance and ongoing support for a Citizen Relationship Management ("CRM") System in an amount not to exceed $90,000.00 and appropriation of $20,000.00 into Acct. No. 1714000-5152 (Computer Technology-Software) and $70,000.00 (which includes a $12,250.00 contingency) into Acct. No. 1714000-5300 (Computer Technology-Professional Services). L20. Approval of Improvement Agreement Extension for Parcel Map 15550, located on the west 172 side of Wardman Bullock Road, north of Wilson Avenue, submitted by Etiwanda Creek Partners, L.P. 173 RESOLUTION NO. 10-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 15550 L21. Approval to release the Faithful Performance Bond retained in lieu of a Maintenance 175 Guarantee Bond for DRC2006-00866, located on the north side of Sixth Street, west of Etiwanda Avenue; submitted by Southern Califomia Edison Company. L22. Approval to release the Faithful Performance Bond Nos. 190017195 and 104809467, 177 retained in lieu of a Maintenance Guarantee Band, in the amount of $6,239,501.50 for the RCMU and Fiber Backbone Extensions, and Foothill Boulevard Median Lighting Improvements, Contract No. 07-065. L23. Approval to release Faithful Performance Bond No. 12054086, retained in lieu of a 179 Maintenance Guarantee Bond in the amount of $381,794.16, for the Fiscal Year 2008/2009 Local Street Rehabilitation Slurry Seal Project, Contract No. 08-159. L24. Approval to accept the London Avenue and Carrari Street Slope Renovation and Erosion Control, Contract No. 09-065 as complete, retain the Faithful Performance Bond as a 181 Guarantee Bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $98,406.93. 184 RESOLUTION NO. 10-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LONDON AVENUE AND CARRARI STREET SLOPE RENOVATION AND EROSION CONTROL, CONTRACT NO. 09-065 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND 10 CITY COUNCIL AGENDA FEBRUARY 17, 2010 ~I~fCHO Cuc~orrcn L25. Approval to accept the Banyan Street Pavement Rehabilitation from Beryl Street to 185 Archibald Avenue, Contract No. 09-221 as complete, release the bonds, accept a Maintenance Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $214,416.90. 188 RESOLUTION NO. 10-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BANYAN STREET PAVEMENT REHABILITATION FROM BERYL STREET TO ARCHIBALD AVENUE, CONTRACT NO. 09-221 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M. ADVERTISED PUBLIC HEARINGS FIRE PROTECTION DISTRICT 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. M1. ADOPTION OF A RESOLUTION MAKING DETERMINATIONS REGARDING THE 189 PROPOSED ANNEXATION OF TERRITORY (JAMIE SAMOUH, OWNER - APNS 0208- 811-58, 59 8~ 60 -ANNEXATION NO. 10-1) TO AN EXISTING COMMUNITY FACILITIES DISTRICT. CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RESOLUTION NO. FD 10-007 191 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 10-1) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY N. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. N1. CONSIDERATION OF A SUBSTANTIAL AMENDMENT TO THE COMMUNITY 198 DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM FUNDING ALLOCATION - DRC2008-00845R -CITY OF RANCHO CUCAMONGA - A review of the federally required Substantial Amendment to the currently approved Neighborhood Stabilization Program (NSP), including the selection of NSP funded projects, based on a grant allocation of $2,133,397. REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 11 ~ M FEBRUARY 17, 2010 ~,;U ONGA C O. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. 01. CONSIDERATION TO INITIATE DEVELOPMENT CODE AMENDMENT DRC2009-00691 216 - CITY OF RANCHO CUCAMONGA - A request to amend Table 17.30.030 Use Regulations for Industrial Districts by removing Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and adding Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). 02. ADOPTION OF RESOLUTION NO. 10-033 SUPPORTING THE LOCAL TAXPAYER, 227 PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010 229 RESOLUTION NO. 10-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010 P. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) IDENTIFICATION OF ITEMS FOR NEXT MEETING R. ADJOURNMENT I, Debra L. McKay, Assistant City Clerk/Records Manager, of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on February 11, 2010, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. January 19, 2010 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES SPECIAL MEETING A. CALL TO ORDER The Rancho Cucamonga City Council, Fire Protection District and Redevelopment Agency held a closed session on Tuesday, January 19, 2010, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 4:30 p.m. by Chairman/PresidenUMayor Donald J. Kurth. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutiertez, Diane Williams, Sam Spagnolo, Vice ChairmanNice President/Mayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor Donald J. Kurth. Also present were: Jack Lam, City Manager; John Gillison, Assistant City Manager and Linda D. Daniels, Deputy City Manager/Economic and Community Development. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S Chairman/Mayor Donald J. Kurth announced the closed session items: 1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA 8 CITY 2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -EMILY CAMPBELL V. CITY OF RANCHO CUCAMONGA, CASE NUMBER CIVRS 905562. C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 4:30 p.m. E. ADJOURNMENT The closed session adjourned at 5:45 p.m. with no action taken. Respectfully submitted, Debra L. McKay, MMC Assistant City CIerIJRecords Manager Approved: Redevelopment Agency, Fire Protection DisVict, City Council Special Meeting Minutes January 19, 2010 -Page 1 of 1 January 21, 2010 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES FIRE PROTECTION DISTRICT MINUTES REDEVELOPMENT AGENCY MINUTES SPECIAL MEETING A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council, Fire Protection District and Redevelopment Agency was held on Thursday, January 21, 2010, in Celebration Hall (South) at the Rancho Cucamonga Cultural Center located at 12505 Cultural Center Drive, Rancho Cucamonga, California. Mayor/Chainnan/President Donald J. KuRh called the meeting to order at 8:21 a.m. Present were Councilmembers/Boardmembers/Agencymembers: Rex Gutierrez, Sam Spagnolo and Diane Williams, Mayor Pro TemNice ChairmanNice President L. Dennis Michael and Mayor/PresidenUChainnan Donald J. Kurth. Also present were: Jack Lam, City Manager; Jim Markman, City Attomey; John Gillison, Assistant City Manager and Linda Daniels, Deputy City Manager. The meeting was facilitated by Dr. Bill Mathis. B. PUBLIC COMMUNICATIONS No communication was made from the public. II C. ITEM(Sl OF BUSINESS II DISCUSSION AND CONSIDERATION OF CONSENSUS BUILDING (8:00 a.m. to t1:30 a.m.l Dr. Bill Mathis. Facilitator Dr. Bill Mathis, Facilitator, led the discussion on strengthening team relations and consensus building Recess: The meeting recessed at 12:06 p.m. for lunch. Reconvene: The meeting reconvened at 12:51 p.m Present were Councilmembers/Boardmembers/Agencymembers: Rex Gutierrez, Sam Spagnolo and Diane Williams, Mayor Pro TemNice ChairmanNice President L. Dennis Michael and Mayor/PresidenUChairman Donald J. Kurth. Also present were: Jack Lam, City Manager; Jim Markman, City Attomey; John Gillison, Assistant City Manager; Linda Daniels, Deputy City Manager, James Troyer, Planning Director; Kevin McArdle, Community Services Director; Mike Bell Fire Chief; Robert Karatsu, Library Director; Mark Steuer, Director Engineering ServiceslCity Engineer; Chief Joe Cusimano, Rancho Cucamonga Police Department; Treng Huynh, Building and Safety Official; Bill Wittkopf, Public Works Services Director; Joe Pulcinella, Animal Services Director, Tamara Lane, Finance Director; Fabian Villenas, Pdncipal Management Analyst; Erika Lewis-Huntley, Management Analyst II and Debra McKay, Records Manager/Assistant City Clerk. Special City Council/Fire Board/Redevelopment Agency Meeting January 21, 2010 Page 2 2. DISCUSSION AND CONSIDERATION OF CITY COUNCIL 2010 GOALS (1:00 o. m. to 5:00 o.m.l - Dr. Bill Mathis. Facilitator Dr. Bill Mathis, Facilitator, led the discussion Chief Joe Cusimano updated the City Council members on the progress of the 2009 goals. The Department is responding to emergency calls in less than 3 minutes. In response to Councilmember Spagnolo it was noted that goals listed in yellow would still continue even if taken off the list if it was an operational goal. Chief Cusimano introduced the 2010 goals for discussion. In response to Mayor Pro Tem Michael, discussion was held regarding traffic signal enforcement. In response to Mayor Pro Tem Michael, it was noted that the City has cencems similar to surrounding cities regarding the amount of drinking and drug use. Fire Chief Mike Bell discussed the progress of the 2009 goals. In response to Mayor Kurth, it was noted that the Fire Administration headquarters were funded by bond sale proceeds. It was reported that construction of both the Hellman and Base Line Fire Stations has been delayed due to the State taking funding from both of these projects. Chief Bell confirmed that the inspection and brush clearance program was in the Wildland/Urban Interface area. Also discussed was the difference between the CERT program and medical reserve corps. Fire Chief Bell presented the 2010 goals for discussion. In response to Mayor Pro Tem Michael, Chief Bell confirmed that the elements of the Strategic Plan would be reviewed and updated. In response to Councilmember Williams and Councilmember Gutierez, the Wildland/Urban Interface area was discussed. Joe Pulcinella, Animal Services Director, reported on the progress of the 2009 goals. In response to Mayor Kurth, he indicated that there are about 400 volunteers, 200 of whom are active. The 2010 goals were discussed, with Mr. Pulcinella addressing Mayor Kurth on his plans to expand the pilot Trap/Neuter/Release Program for feral cats. In response to Mayor Kurth and Councilmember Spagnolo, he reported on the lack of counter and cage space at the Animal Care and Adoption Center. Mr. Pulcinella discussed ways in which to alleviate the long lines at the facility. In response to Councilmember Williams, he confirmed that nonresidents frequently drop off animals to the facility. Mr. Pulcinella indicated to Councilmember Gutierez that a goal in 2010 was to establish a pilot license canvassing program. Kevin McArdle, Community Services Director, discussed the Department's 2009 goals. In response to Mayor Pro Tem Michael, he indicated that Federal funding is not available for Senior Transportation and stated that local fundraising would be held. Mr. McArdle outlined the 2010 goats. Regarding Senior Transportation programs, he stated that staff is exploring various funding avenues and the YMCA may or may not be involved. In response to Mayor Kurth, the Director reported that the Family Resource Center is doing very welt. In response to Councilmember Gutierez, he reported that the new park located in the southwest area of the City would cost approximately $2.5 Million but that it would only be built if the City receives the construction grant and if there were funds available to pay for maintenance. In response to Mayor Kurth, he reported on a discussion held with the VFW regarding a veteran's memorial. In response to Mr. McArdle, the City Council discussed and prioritized three programs offered by the Community Services Department: the 4v' of July fireworks program, the Volunteer Appreciation event and the Founder's Day Parade. The Director reported that funding for the 4r' of July program was not included in this year's budget but the City could market the regional festivities and July 4~" activities at the Speedway. He suggested that the Volunteer Appreciation event be scaled back to include a thank you card, pin and tickets to a Quakes game. The Founder's Day Parade was seen to be the most viable and important of the three and would be included in next year's budget. The City Council concured with these recommendations. Recess: Mayor Kurth recessed the meeting at 2:40 p.m Reconvene Mayor Kurth reconvened the meeting at 2:47 p.m James Troyer, Planning Director, reported on the 2009 and 2010 goals. Mayor Pro Tem Michael suggested that the wording of Planning's goal on Page #15 be changed to indicate, "Update Historic Preservation Ordinance." Mayor Pro Tem Michael noted the discussion recently held by the City Council when reviewing the applications for the Planning/Historic Preservation Commission. He felt that it might be beneficial for an ad hoc or site specific historical preservation committee in the future. In response to Mayor Kurth, Trang Huynh, Building and Safety Official stated that curendy 313 properties are registered as required by the Abandoned Residential Property Ordinance. Special City Council/Fire Board/Redevelopment Agency Meeting January 21, 2010 Page 3 John Gillison, Assistant City Manager, addressed the 2009 goals for the City Managers Office. In response to Mayor Kurth, he indicated that construction for the Base Line Interchange project should begin in 2011. Mayor Kurth reported that he met with the American Lung Association and reported that they will be grading all cities in San Bernardino County next year. Erika Lewis-Huntley, Management Analyst II and Fabian Villenas, Principal Management Analyst, reported on the 2010 goals for the Department. In response to Mayor Kurth, Mr. Villenas indicated that the City would receive more than $6 Million for programs and projects funded by the Energy Efficiency and Conservation Block Grant program. In response to Mayor Pro Tem Michael, it was noted that the Restaurant Association has been contacted and has indicated their opposition to the proposed smoking regulations. Trang Huynh, Building and Safety Official, reported on the progress of the 2009 goals. In response to Mayor Pro Tem Michael, he stated the difficulty in getting new volunteers for weekend coverage. Mayor Kurth suggested that an announcement be made at an upcoming City Council meeting. Also discussed were the 2010 goals. Councilmember Williams suggested that illegal political signs be picked up in conjunction with the proposed shopping cart retrieval program. It was noted that the State regulates the placement and removal of political signs. Bill Wittkopf, Public Works Services Director, discussed the 2009 goals. In response to Mayor Pro Tem Michael, the timing of Cucamonga Valley Water Distdct's reclaimed water line extension was discussed. Regarding plans to design a new HVAC control system at the Civic Center, Councilmember Spagnolo reported that the new LG Distribution Center had a new ductless heating and air conditloning system. Robert Karatsu, Library Director, updated the Council on the progress of the 2009 goals and presented the 2010 goals. In response to Mayor Kurth, Mr. Karatsu announced that this years Big Read will feature, "The Adventures of Tom Sawyer." John Gillison, Assistant City Manager, discussed the 2009 goals of the Administrative Services Department. In response to Councilmember Gutierrez, he discussed the upcoming new Customer Response Management software program. Linda Daniels, Deputy City Manager, discussed the 2009 Redevelopment goals. In response to Mayor Kurth, she noted that an electronic video sign for the Cultural Center was proposed on Main Street. In response to Councilmember Gutierrez and Mayor Pro Tem Michael, Mrs. Daniels discussed the Armed Forces Banner Program. She reported that there are 50- 60 poles left on Milligan and expected that the subcommittee would eventually need to consider other appropriate places for the banners. Also discussed was the historic gas station near the intersection of Amhibald and Foothill Boulevard. Debra McKay, Records Manager/Assistant City Clerk reported on the 2009 and 2010 goals. In response to Councilmember Williams, she confirmed that the Department could scan the records stored at the yard with the appropriate amount of resources. In response to Councilmember Gutierrez, discussion was held regarding the library of newspaper articles distributed by the City Clerk's Department. Mark Steuer, Director Engineering Services/City Engineer, discussed the 2009 goals with the City Council. Mayor Pro Tem Michael requested information regarding current and upcoming major capitol projects and timelines. In response to Councilmember Gutierrez, Mr. Steuer reported that the Wilson extension is in design and estimated that construction would begin in late 2010 or eady 2011. The City Council thanked all Departments for their hard work during these economic times. Discussion was held regarding other proposed goals of the City Council members. At the conclusion of the discussion, Council asked staff to review the City's road inventory and prioritize areas where potential improvements could be considered. D. ADJOURNMENT The meeting adjourned at 4:43 p.m. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/RecoMs Manager Approved: February 3, 2010 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES FIRE PROTECTION DISTRICT MINUTES REDEVELOPMENT AGENCY MINUTES SPECIAL MEETING A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council/Fire Protection DistricURedevelopment Agency was held on Wednesday, February 3, 2010, in the Tri-Communities Room in City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, Calffornia. MayorlChairman/President Donald J. Kurth called the meeting to order at 3:32 p.m. Present were CouncilmemberslBoardmembers/Agencymembers: Sam Spagnolo, Diane Williams (arrived at 3:38 p.m.), Mayor Pro TemNice PresidentNice Chairman L. Dennis Michael and Mayor/PresidenUChairman Donald J. Kurth. Councilmember/Boardmember/Agencymember Rex Gutierrez was absent. Also present were: Jack Lam, City ManagerlExecutive Director; James Markman, City Attorney; John Gillison, Assistant City Manager; Linda Daniels, Deputy City Manager/Economic and Community Development; Fabian Villenas, Principal Management AnalysUCMO; Erika Lewis-Huntley, Management Analyst IIICMO; Kurt Keating, Code Enforcement Supervisor; and Debra McKay, Assistant City Clerk/Records Manager. lllkfi B. PUBLIC COMMUNICATIONS 61. Ralph Hernandez Jr. stated that he lived in the City, was a cancer survivor and a businessman. He noted that second hand smoke contains 4,000 chemicals, 69 of which cause cancer. Mr. Hernandez indicated that the American Cancer Society is a strong supporter of a smoke-free outdoor policy. He supported regulations restricting second hand smoke. 62. David Madsen noted that he lives in the City and serves as a volunteer for the American Lung Association. He supported prohibiting second hand smoke as 392,000 people die each year from tobacco-caused diseases and 50,000 people die each year from exposure to second hand smoke. Mr. Madsen indicated that there is no risk-free level of exposure to second hand smoke. B3. Shawn Huber, from Buffalo Wild Wings Grill and Bar, pointed out that the smoking ban in Santa Monica has resulted in smokers loitering in front of restaurants, causing patrons to walk through clouds of smoke. In addition, smokers drop trash and cigarette butts along the sides of the street. Mr. Huber stated that the bar or restaurant owner should decide whether or not to restrict smoking in their establishment. He stated that 12% of his sales come from patio seating at his restaurant. 64. Patricia Meyer stated that second hand smoke is a serious health danger. She noted that she is a Legislative Ambassador for the American Cancer Society and supported second hand smoke resVictions. B5. PaUicia Gonzales read a letter from Carlos Carrio, Health EducatorNVellness Coordinator from California State University, San Bernardino. Mr. Carrio supported regulations reducing the amount of second hand smoke in the City. Ms. Gonzales referenced the community survey and pointed out that a majority of those surveyed supported a City policy prohibiting smoking in outdoor dining areas. She supported a no smoking policy as well. B6. Dr. Sunil Saini, stated that he specializes in pediatrics, allergy & immunology at San Antonio Hospital. Dr. Saini indicated that exposure to second hand smoke diminishes the lung capacity in children. It also has been linked to heart attacks. 67. Jim Moffatt did not agree that second hand smoke was harmful outside where the smoke tends to be less concentrated. He expressed a concern that businesses were asked to put in patios for smokers and now the City is proposing to keep smokers from using the patios. Mr. Moffatt stated that he banned smoking in his restaurant in 1983 and indicated that this matter is a decision for each business. 68. Bill Hanlon stated that he lives in the City as well. He stressed that he had the right to die from cancer. Mr. Hanlon noted that a previous survey had indicated that most people were dubious about any additional regulations. He asked that the Council drop the matter. ...... C. ITEM OF DISCUSSION 1. DISCUSSION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMENTS TO CHAPTER 8.21 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Jack Lam, City Manager, introduced Fabian Villenas, Principal Management AnalysUCMO, who presented the staff report. Mr. Villenas gave an overview outlining and reviewing topics for the discussion. He stated that on October 7, 2009 the City Council directed staff to prepare an ordinance prohibiting smoking within 20 feet of transit stops and train platforms and within 20 feet of outdoor service lines; asked staff to solicit input from restaurant owners/managers regarding no smoking policies at outdoor dining areas; requested that a recognition program be developed to encourage smoke-free apartments, hotels and other businesses; requested further information on how other cities have restricted smoking on streets and sidewalks; and meet with Victoria Gardens management to discuss voluntarily implementing smoke-free areas at the center. Mr. Villenas indicated that an ordinance prohibiting smoking within 20 feet from transit stops and outdoor service lines was prepared and provided to the City Council for their consideration. This ordinance prohibits smoking within 20 feet from transit stops, train platforms and outdoor service lines; requires the posting of no smoking signs wherever smoking is prohibited; and designates violations as infractions punishable by a fine not exceeding $100 for the first violation. Discussion was held on the outreach to Rancho Cucamonga restaurant owners/managers. Mr. Villenas stated that 20 restaurants with outdoor dining areas were randomly selected. Staff was able to interview 16 of them. He outlined the results of some of the questions that were asked. In response to Mayor Kurth, Mr. Villenas confirmed that 8 restaurant owners/managers were supportive of the development of a city policy that would prohibit smoking in outdoor dining areas. Mr. Villenas addressed the workshop that was held with restaurant owners and managers. Six individuals attended the workshop. None of the workshop participants supported a no smoking ordinance in any form. Councilmember Williams inquired if an employee could protest working a patio that was designated for smoking. Also discussed were the results of the restaurant survey that was sent out in November, 2009. Mr. Villenas noted that the return address on the return envelope was in the wrong spot. Many respondents copied the address to the right location. He discussed the results of the 80 surveys that were returned. Mayor Pro Tem Michael inquired about the statement, "Support a policy that prohibits smoking in outdoor dining patios?" and wondered why some restaurants would agree with that statement. In response to Mayor Pro Tem Michael, Mayor Kurth expected that they are in favor of a City-wide policy to ensure that Special Joint Meeting Minutes of the Rancho Cucamonga City Council/Fire Protection DistricURedevelopment Agency February 3, 2010 -Page 2 of 4 all businesses are treated the same. In response to Ccuncilmember Spagnolo, Mr. Villenas stated that of the 80 respondents, 41 percent have outdoor patios. Mayor Kurth noted that the one-on-one survey was done solely with restaurants that had patios. Mr. Villenas stated that staff contacted the California Restaurant Association (CRA) and was told that they oppose no smoking policies. However, if the City chose to move forward with such a policy, the CRA would be interested in working with the City to create an ordinance. In October, 2009 the Council did not make a policy decision on whether to prohibit smoking on streets and sidewalks and requested further information. Mr. Villenas reported that the approaches taken by the cities that prohibit smoking on streets and sidewalks fall into two methods: geographic (prohibited within a specific location/area) and proximity (some prohibit smoking within 20 feet of an area where smoking is resVicted). In response to Mayor Pro Tem Michael, Mr. Villenas noted that staff spoke with the City of Loma Linda about enforcement. Their ordinance is very strict but the City felt that most are complying with the law. Mayor Kurth noted that many of these approaches were enacted to be self-enforcing. Mr. Villenas stated that direction would be neededrf the Council wished to pursue this policy decision. Mr. Villenas outlined the basic framework for a recognition program that ident~es those businesses who have voluntarily taken steps to create asmoke-free environment. This Smoke-Free Recognition Program would be incorporated into the City's overall Healthy RC initiative and could include recognition at City Council meetings, information in publications, window stickers, etc. He also addressed the results of a meeting with the Victoria Gardens management to discuss voluntary smoke-free zones. They expressed an initial interest in doing so and two locations that were discussed include Guasti Gardens and the Orchard. In closing, Mr. Villenas stated that direction is needed on the restriction of smoking on streets and sidewalks and outdoor dining areas, the ordinance restricting smoking at transit stops and outdoor service lines, and the Smoke Free Recognition Program. Lastly, he reported that the Chamber of Commerce had called earlier in the day reporting that several businesses had expressed concern about smoking restrictions. In response to Mayor Pro Tem Michael, Mr. Lam stated that direction was needed on the ordinance. Councilmember Williams indicated that she concurred with the City of Glendale's approach to smoking on sVeets and sidewalks. Discussion was held regarding the difference between the ordinance that was prepared to restrict smoking at transit stops and outdoor service lines and smoking restrictions on streets and sidewalks. Mayor Kurth suggested that the City Council discuss the ordinance that was prepared to restrict smoking at transit stops and outdoor service lines. Mayor Pro Tem Michael supported the ordinance as long as it didn't restrict smoking on sUeets and sidewalks. MOTION: Moved by Michael, seconded by Spagnolo, to direct staff to schedule this ordinance for first reading at a regular City Council meeting. Motion carried 4-0; Councilmember Gutierrez was absent. In response to Councilmember Williams, Mr. Villenas stated that the ordinance would be self-regulated. He noted that there would be a cost for the City to install signs at bus stops and Uansit stations. Businesses would be required to put up signs at their own expense. Discussion was held regarding whether or not to regulate smoking in outdoor dining areas. Councilmember Williams stated that every restaurant should have a choice when regulating smoking, especially in these economic times. She noted that eventually patrons will expect establishments to be completely smoke-free but noted that this should be a business decision. Councilmember Williams stated her interest for a regulation similar to what has been done in the City of Glendale, allowing smoking on streets and sidewalks except within 20 feet of an entrance, exit, or open window of a building. Mayor Kurth spoke in support of regulation of outdoor dining areas. He stated that a majority of those restaurants surveyed supported a regulation. Mayor Kurth considered second hand smoke to be a public safety issue, which was the Council's number one priority. Discussion was held. Special Joint Meeting Minutes of the Rancho Cucamonga City Council/Fire Protection DistricURedevelopment Agency February 3, 2010 -- Page 3 of 4 Councilmember Spagnolo did not support imposing restrictions on outdoor dining areas and did not want to impose financial restrictions on businesses in this economy. In response to Mayor Kurth, Councilmember Spagnolo stated that he would not support an ordinance that would be effective in three years or so, after the economy recovers. Councilmember Spagnolo indicated that he supported the proposed Smoke-Free Recognition Program without any restrictions. He stated that a business should have the right to revert back and allow smoking if the need arises. Councilmember Williams concurred. Mayor Pro Tem Michael indicated the need to take progressive steps to accomplish the goal. He pointed out that the City Council has banned smoking in public parks and buildings and will be regulating smoking in transit and service lines. The Council will be establishing a formal recognition program encouraging businesses to be smoke-free. Mayor Kurth stated the need to make the City a safer place. As public safety was the Council's top priority, he asked for the courage to restrict second hand smoking in outdoor dining areas. No action was taken or direction given to restrict smoking in restaurant cutdoor dining areas. In response to Councilmember Williams, Mr. Villenas addressed the regulation of smoking on sVeets and sidewalks. The City of Glendale allows smoking on streets and sidewalks except within 20 feet of an enVance, exit or open window. Discussion was held regarding how this restriction would work in the City. While some locations had a distance between the door and the sidewalk (thus allowing smoking nearby), it was noted that this regulation would restrict smoking for most of Victoria Gardens. Councilmember Williams noted the need to talk with retailers about this issue. In general, the Council favored further discussion regarding an ordinance that would prohibit smoking adjacent to any building enVance that was open to the public. The City Council members also specifically discussed smoking prohibitions on streets and sidewalks. With these regulations, Mayor Pro Tem Michael inquired where people would smoke if smoking were already restricted in different places such as the Civic Center, parks, etc. He welcomed further discussion on restricting smoking within 20 feet of a building. Mayor Kurth suggested a regulation similar to the City of Calabasas, which allows smoking only if no nonsmoker is present. It was requested that staff bring back further information regarding no smoking policies on streets and sidewalks and within 20 feet of building entrances. In summary, Mr. Villenas noted that the direction was to take no action on outdoor dining, to schedule the ordinance for consideration restricting smoking at transit, bus stops and service lines and to obtain further information on regulating smoking within 20 feet of buildings as well as on streets and sidewalks. City Council concurred with the summary of direction given. ...... D. ADJOURNMENT Mayor Kurth adjourned the meeting at 5:28 p.m. Respectfully submitted, Debra McKay, MMC Assistant City Clerk/Records Manager Approved: Special Joint Meeting Minutes of the Rancho Cucamonga City Council/Fire Protection District/Redevelopment Agency February 3, 2010 -Page 4 of 4 February 3, 2010 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council, Fire DisVict and Redevelopment Agency held a closed session on Wednesday, February 3, 2010, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, Cal'rfornia. The meeting was called to order at 6:00 p.m. by ChairmanlPresidenUMayor Donald J. Kurth. Present were Agencymembers/Boardmembers/Councilmembers: Diane Williams, Sam Spagnolo, Vice ChairmaNVice PresidenUMayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor Donald J. Kurth. Agencymember/Boardmember/Councilmember Rex Gutierrez was absent. Also present were: Jack Lam, City Manager; James Markman, City Attorney; John Gillison, Assistant City Manager and Linda D. Daniels, Deputy City Manager/Economic and Community Development. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S ChairmanlMayor Donald J. Kurth announced the closed session item: LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA, FIRE & CITY C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 6:00 p.m. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. F. RECESS The closed session adjourned at 6:45 p.m. with no action taken. Redevelopment Agency, Fire Protection DisVict, City Council Minutes February 3, 2010 -Page 1 of 8 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor Donald J. Kurth called the meeting to order at 7:01 p.m. Present were AgencymemberslBoardmembers/Councilmembers: Diane Williams, Sam Spagnolo, Vice ChairmanlVice PresidenUMayor Pro Tem L. Dennis Michael and Chairman/President/Mayor Donald J. Kurth. Agencymember/Boardmember/Councilmember Rex Gutierrez arrived at 7:10 p.m. Also present were: Jack Lam, City Manager; James Markman, City Attorney; John Gillison, Assistant City Manager; Linda Daniels, Deputy City Manager/Economic and Community Development; Joe Cusimano, Police Chief; James Troyer, Planning Director; Mark Steuer, Director of Engineering Services; Trang Huynh, Building & Safety Official; Kevin McArdle, Community Services Director; Bill Wittkopf, Public Works Services Director; Joe Pulcinella, Animal Services Director; Janice Reynolds, City Clerk; Debra McKay, Records Manager/Assistant City Clerk and Shirr'1 Griffin, Deputy City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a Proclamation Declaring February 2010 as "Hearts for Arts" Month in Rancho Cucamonga. Mayor Kurth presented a proclamation to Thomas Galindo, Chairman of the Community Foundation, declaring February 2010 as "Hearts for Arts" Month. H2. Shelter Pet Project, a national campaign to promote pet adoption from animal shelters. Joe Pulcinella, Animal Services Director, reported on the Shelter Pet Project. H3. AdminisVation of Oaths of Office to Francisco Oaxaca, newly-appointed Planning Commission/Historic Preservation Commissioner, and Jeremy Kahn, newly-appointed Community Foundation Board Member. Janice Reynolds, City Clerk, administered the Oath of Office to Francisco Oaxaca and Jeremy Kahn. I. PUBLIC COMMUNICATIONS 11. John Lyons congratulated the Mayor on his adoption of Daisy Grace Kurth. He cautioned bicycle riders to watch out for debris fields generated by the recent rains on the bicycle trails. Mr. Lyons referenced Item J3 and inquired if a left hand turn lane is planned. 12. Ed Dietl congratulated Mr. Oaxaca for his appointment to the Planning/Historical Preservation Commission. He applauded the completion of the General Plan, noted that a good potion of it addresses historic preservation and hoped that more emphasis would be placed on historic structures in the City. Redevelopment Agency, Fire Protection District, City Council Minutes February 3, 2010 -Page 2 of 8 J. CONSENT CALENDAR-REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Agency at one time without discussion. Any item may be removed by an Agencymember for discussion. J1. Approval of Minutes: January 19, 2010 (Special Meeting - 2009/10 Mid Year Financial) January 20, 2010 (Special Meeting -Planning Commission Interviews) January 20, 2010 (Regular Meeting) J2. Approval of Check Register dated January 13 through January 27, 2010, for the total amount of $1,649,933.03. J3. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the Church SUeet Parkway Landscape from Rochester Avenue to Hyssop Drive to be funded from Redevelopment Agency Funds and Federal Aid Program ARRA Funds. RESOLUTION NO. RA 10-002 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CHURCH STREET PARKWAY LANDSCAPE FROM ROCHESTER AVENUE TO HYSSOP DRIVE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS J4. Approval of a Directional Guide Sign policy. MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. K CONSENT CALENDAR -FIRE PROTECTION DISTRICT The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board at one time without discussion. Any item may be removed by a Boardmember for discussion. K1. Approval of Minutes: January 19, 2010 (Special Meeting - 2009/10 Mid Year Financial) January 20, 2010 (Special Meeting -Planning Commission Interviews) January 20, 2010 (Regular Meeting) K2. Approval of Check Register dated January 13 through January 27, 2010, for the total amount of $604,602.26. K3. Approval to adopt a Resolution declaring results of a Special Election in Community Facilities District No. 88-1, Annexation No. 88-09-1 and ordering the annexation of such property to Community Facilities DisVict No. 88-1 (Robert Lemelin-APN 0201-0431-63). Redevelopment Agency, Fire Protection District, City Council Minutes February 3, 2010 -Page 3 of 8 RESOLUTION NO. FD 10-005 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 88-1, ANNEXATION NO. 88-09-1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 88-1 MOTION: Moved by Spagnolo, seconded by Michael, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. L. CONSENT CALENDAR -CITY COUNCIL 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 for discussion. L1. Approval of Minutes: January 19, 2010 (Special Meeting - 2009/10 Mid Year Financial) January 20, 2010 (Special Meeting -Planning Commission Interviews) January 20, 2010 (Regular Meeting) L2. Approval of Check Register dated January 13 through January 27 and payroll ending January 27, 2010, for the total amount of $3,636,064.81. L3. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the Church Street Parkway Landscape from Rochester Avenue to Hyssop Drive to be funded from Redevelopment Agency Funds and Federal Aid Program ARRA Funds. RESOLUTION NO. 10-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CHURCH STREET PARKWAY LANDSCAPE FROM ROCHESTER AVENUE TO HYSSOP DRIVE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L4. Approval to award for the replacement of play equipment from Landscape Structures, Inc. for the Kenyon Park Tot Lot and the Milliken Park Tot Lot, utilizing US Communities ConVact No. 040377.09; and authorize the expenditure of $176,094.49 plus a 2% contingency to be funded from Account No. 1120305-5650/1738120-0 (Park Development) and $117,413.49 plus a 2% contingency to be funded from Account No. 1 1 2030 5-5650/1 7391 20-0 L5. Approval of a resolution and a letter of support for the Southern California Association of Governments' transportation planning grant application for the Metro Gold Line Phase 2C Alternatives Analysis Study. RESOLUTION NO. 10-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A LETTER OF SUPPORT FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS' TRANSPORTATION PLANNING GRANT APPLICATION FOR THE METRO GOLD LINE PHASE 2C ALTERNATIVES ANALYSIS STUDY Redevelopment Agency, Fire Protection DisVict, City Council Minutes February 3, 2010 -Page 4 of 8 L6. Authorization to appropriate $86,000 from the Etiwanda Drainage Fund Balance (Fund 116) into 1116303-5650/1542116-0 for bridge deck maintenance, and approval of contract amendment 1 (CO OS-181) with Aufbau Corporation of Rancho Cucamonga for the creation of the plans, technical and standard specifications and estimates for various bridge deck maintenance work within the City in the amount of $141,900 ($129,000 contract amount plus a 10% contingency of $12,900) to be funded from Acct. No. 1112303-5650/1542112-0 (Drainage Fac/General) and $12,100 ($11,000 contract amount plus a 10% contingency of $1,100) to be funded from Acct. No. 1116303-5650/1542116-0 (Etiwanda Drainage). L7. Approval to release of Faithful Performance Bond No. 105139678 retained in lieu of Maintenance Guarantee Bond in the amount of $446,520.25, for the Milliken Avenue Pavement Rehabilitation from 7th Street to Arrow Route improvements, Contract No. 08-155. MOTION: Moved by Michael, seconded by Williams, to approve the staff recommendation in the staff report. Motion carried 5-0 M. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. M1. RESOLUTION NO. 10-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ELECTRIC RATES, FEES, AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Jack Lam, City Manager, presented the staff report. Mayor Kurth opened the public hearing. As no one wished to speak, Mayor Kurth closed the public hearing. MOTION: Moved by Michael, seconded by Williams, to adopt Resolution No. 10-023 amending electric rates, fees and charges. Motion carried 5-0. N. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. N1. REVIEW OF PROPOSED REVISIONS TO LANDSCAPE MAINTENANCE DISTRICT NO'S 6 AND 8 John Gillison, Assistant City Manager, and Bill Wittkopf, Public Works Services Director; presented the staff report. In response to Mayor Kurth, Mr. Gillison presented background information as to why the revisions were necessary. As these Landscape Maintenance Districts were formed many years ago, the rising costs of maintaining the Districts have outpaced the revenue generated from assessments. In Redevelopment Agency, Fire Protection District, City Council Minutes February 3, 2010 -Page 5 of 8 accordance with Proposition 218, an assessment ballot process was held proposing replacement assessment districts and new assessment rates. On December 2, 2009, the City Council took final testimony on the proposed districts and rates and at the conclusion of the public hearing the ballots were counted. Landscape Maintenance District 6 and 8 received a majority protest ballot and did not pass. At that meeting, staff was directed to return with a report discussing the options available to these two districts to adjust their expenditures to remain within the annual revenues collected. In response to Mayor Pro Tem Michael, Mr. Gillison addressed the cost savings measures that have been taken. He also noted that it has been many years since the assessments were adjusted and confirmed that neither of these districts had a provision for automatic CPI increases. Mr. Wittkopf discussed Option 1 for Landscape Maintenance District 6 with the City Council. In response to Councilmember Gutierrez, Mr. Wittkopf addressed the areas within the district that have been identified for possible decommissioning. In response to Mayor Kurth, it was noted that no areas will be decommissioned yet as Option 1 proposes to rebid the contract. Once the bids are received„ 'rf necessary, staff would identify specific areas within the district that can be decommissioned to reduce contract maintenance costs as necessary so that the district can operate within the established budget. In response to Mayor Pro Tem Michael, Mr. Wittkopf addressed the proposed lengthening of the pruning cycle for the entire tree inventory. Mayor Kurth wandered if the property owners had anticipated the decrease in maintenance and the possible decommissioning. Mr. Gillison indicated to Mayor Kurth that it was not fully known why many property owners chose not to support the proposed assessment. Councilmember Gutierrez identified the poor economy and loss of jobs as being a factor. Councilmember Gutierrez noted the large parkway in Landscape Maintenance District 6 and inquired 'rf cost savings could be accomplished by the use of volunteers. Councilmember Spagnolo inquired about the use of river rock instead of bark. In response, Mr. Wittkopf stated that there was a higher capital cost to place river rock, noting that the district can not afford this cost. In response to Councilmember Spagnolo, the timeline was discussed. Mr. Wittkopf stressed that turf areas would not be decommissioned. During the summer months, there may be times when the turf would be stressed due to reduction of irrigation. Also discussed was the proposed lengthening of the pruning cycle to 20 years. Councilmember Gutierrez noted the need to hold a meeting with the community to discuss this matter. Mr. Gillison concurred but wanted to bring specific information to the community meeting. Mayor Pro Tem Michael suggested that a community meeting be held, the rebid could occur and then a report could be provided to the City Council. In response to Councilmember Spagnolo, Option 2 was discussed. It was noted that the proposed work crew was adequate, though there may be times that the crew would need to catch up with the necessary tasks. In response to Councilmember Williams, Mr. Wittkopf indicated that the sprinklers would be capped in the decommissioned areas, the plant material would be allowed to die off naturally and then the area would be replaced with bark. Mr. Gillison stated that these actions could easily be reversed if the property owners decide at a later date to approve a revised assessment in this district. The Assistant City Manager stated that last year the residents in these districts were told that periodic community meetings would be held in the future. As there are 11 assessment districts, he expected that the meetings would be scheduled in a 2-3 year cycle and that an annual newsletter would be generated. Councilmember Spagnolo stated the need to make the district sustainable. It was reported that the current landscaping contract has a 30 day termination clause. In response to Councilmember Gutierrez, Jeff Barnes, Parks Maintenance Superintendent, addressed the use of an in-house Lead Maintenance Worker with a 4-person Work Release Crew. It was noted that the existing landscape maintenance contract would be canceled. Councilmember Gutierrez supported Option 2 as it provided more flexibility. Mayor Pro Tem Michael inquired if the landscaping could be re-bid while at the same time analyzing the cost of the in-house crew. This way, an option could be selected which resulted in the least amount of Redevelopment Agency, Fire Protection District, City Council Minutes February 3, 2010 -Page 6 of 8 decommissioning. Discussion was held on the time it would take to perform all of these actions. Mr. Gillison noted that staff could move forward with both options simultaneously, analyze the results and then return back with a recommendation. In the meantime, Mr. Gillison noted that the landscaping could be maintained in this District at Level C until the end of the fiscal year. MOTION: Moved by Michael, seconded by Gutierrez, to direct staff to move forward with Option 1 and Option 2 simultaneously within Landscape Maintenance DisUict 6, and return back to the City Council within 45 days. Motion carried 5-0. Bill Wittkopf, Public Works Services Director; presented the staff report for Landscape Maintenance District 8. In response to Mayor Kurth, it was reported that weed abatement was included in the budget. MOTION: Moved by Williams, seconded by Michael, to direct staff to move forward with Option 1 within Landscape Maintenance District 8. Motion carried 5-0. O. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. 01. CUCAMONGA VALLEY WATER DISTRICT TOUR WITH THE HISTORIC PRESERVATION SUBCOMMITTEE (PowerPoint Presentation) Candyce Burnett, Senior Planner, and Director James Curatalo from the Cucamonga Valley Water District, presented pictures and information from the Cucamonga Valley Water District's tour. 02. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) 03. LEGISLATIVE AND REGIONAL UPDATES (Oral) Councilmember Spagnolo reported that he joined Councilmember Williams in attending the grand opening of the Census facility in Chino Hills. Workers are still needed and further information can be found on their Internet site. Councilmember Spagnolo provided a legislative update, noting that the Governor and Legislature have failed to make any significant progress on the State's budget. He announced the projection that the State would run out of cash in two months. Councilmember Spagnolo Indicated that the League of California Cities is spearheading a ballot initiative to protect local revenues and invited the community's support. Councilmember Gutierrez noted that with this economy, people are learning to do without and recognizing the value of family and friends. He congratulated Mayor Kurth on the adoption of his daughter, Daisy Grace Kurth. Mayor Pro Tem Michael reported on the Council's review of the budget last week. While revenues are down in the City as in surrounding areas, a commitment has been made to trim 1.2 Million in this year's budget. Mayor Pro Tem Michael noted that the City's workforce is down 11% through attrition management. He noted that the State is threatening to take $3.7 Million from Omnitrans, which provides transportation services to the region. Councilmember Williams indicated that Fresh and Easy opened two new stores in the City. Best Buy moved to a new location and opened their new store. She stated that the City of Montclair had recently opened a wonderful youth center. Councilmember Williams indicated that February was Organ Donor Month. Mayor Kurth commented that he had presented the State of the City address last week, noting that the City is still strong due to careful planning and strict fiscal discipline. He announced that the City's bond rating was recently raised to AA. Lastly, Mayor Kurth gave thanks for his new daughter, Daisy Grace Kurth. Redevelopment Agency, Fire Protection DisVict, City Council Minutes February 3, 2010 -Page 7 of 8 P. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were ident~ed. ADJOURNMENT Mayor Kurth adjourned the meeting at 9:25 p.m. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: Redevelopment Agency, Fire Protection District, City Council Minutes February 3, 2010 -Page 8 of 8 F7.AEN~;~~(.) ~:tJ~'.~f~i{3?~~~A R~IDi~'E,~._,~)~'['~'~~N'6" AC;.~;N6~''~' r1~~etad~c <:~aecl~ ~.etaestca- ~ i2Y:'2f) l {} ElIE'E;EI<'.rl ?:'9f2{)1(1 (.heck. N«. 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F- __ ` o d >99 ~ 6 rc o a ~ a a 0 s 0 P-18 m a n U a G r -- o a' o ,~~ £ c a o ° ~ a s a C V a O O O O O 4 yCjW m N Of O b N 0 y Y - N O Ei V O C q ~ O O ~ O O ; 6 N O c ~n ~ ~ N N cg o N o N o r ~Q a j m~ N y m ~ C ~ ~ ~ 7 Q ~+ 16 Oi ~ H O C ~• Of R m 7 ag~,o aE x c •, ~ ,_ ~ a n ~ Q o ~ ~ N O O N Q. r P °~ n 0 ~ y o ~ ~e e o m C ~ C A N P O b yy N m O N O f Z W Q vi m N ~ 1 _f ` } U Z W s ~ N ~ Q s > > ~ ry y +¢ 0 O S # 'c y C pCp 6 J LL O U ~ _ E A ~ y L ~ N ~ C Iu ° c W ~ `< 5 4l a V N ie ~ O ~ ~ J U O J } N { 9 i LL rc STAFF REPORT '~ ~~ _~.- t ~ ~~ $NGiNEiEiitlNG $F?RVICE3S DEP.\R'ISIENT RANCHO Date: February 17, 2010 CUCAMONGA To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Curt Billings, Associate Engineer (j Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF HAVEN AVENUE PAVEMENT REHABILITATION FROM 4T" STREET TO FOOTHILL BOULEVARD TO BE FUNDED FROM MEASURE I FUNDS, ACCOUNT NO. 11763035650/1681176-0, PROPOSITION 42 FUNDS, ACCOUNT NO. 11903035650/1681190-0, AND 2004 TAX ALLOCATION BOND FUNDS, ACCOUNT NO. 26603035650/1681660-0 RECOMMENDATION It is recommended that the Redevelopment Agency approve plans and specifications for the construction of Haven Avenue Pavement Rehabilitation from 4"' Street to Foothill Boulevard, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS Haven Avenue Pavement Rehabilitation consists of, but not limited to, removing and replacing existing pavement, curb and gutter and sidewalk, cold planing, routing, crack sealing and dust blotter, installing asphalt concrete pavement; asphalt rubber overlay, striping, legends, pavement markers, and loops. The project is to be funded from Measure I Funds, Account No. 1 1 763035650/1 68 1 1 76-0, Proposition 42 Funds, Account No. 11903035650/1681190-0, and 2004 Tax Allocation Bond Funds, Account No. 26603035650/1681660-0. Staff has determined that the project is categorically exempt per Article 19, Section 15301(c) of the CEQA guidelines. The Engineer's estimate for Haven Avenue Pavement Rehabilitation is $1,415,945. Legal advertising is scheduled for February 23 and March 2, 2010, with a bid opening at 2:00 p.m. on Tuesday, March 9, 2010. Respectfully submitted, _~~~~~ ark teuer Director of Engineering Services/City Engineer P-19 MAS/CB:Is Attachment VICINITY MAP 'I u HILLS( E D ~ ~ (LSO AVE w N W ~ BAN N ST a \ n- EMO ~ ~ VE U ~] D _ N 19TH T ~ N 30 • Z 2 .ri • v N B LINE D w ~ ~ a CHU H ST TERRA ' m j of w w a FOOTHILL BLVD ~ m a a v j w z a ~ ~ 105 o Ct a ARROW a < RTE o RROW w' O~ w w ~ _ c~ ~ 8T ST s II f~ PROJECT SITE ~I r <' HIGH D AV o 30 W J m Y VICTOR( PARK 4TH ST II Y w w 0 BNSF a 0 x (SUMMIT ^:-_ CITY OF RANCHO CUCAMONGA HAVEN AVENUE PAVEMENT REHABILITATION FROM 4TH STREET TO FOOTHILL BOULEVARD ~~ t ~;N~" N.T.S. P-21 RESOLUTION NO. /~ ffi / ~}- C~ D J A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE HAVEN AVENUE PAVEMENT REHABILITATION FROM 4T" STREET TO FOOTHILL BOULEVARD, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. W HEREAS, the City of Rancho Cucamonga has prepared specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "HAVEN AVENUE PAVEMENT REHABILITATION FROM 4T" STREET TO FOOTHILL BOULEVARD": BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Rancho Cucamonga Redevelopment Agency, Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, March 9, 2010, sealed bids or proposals for the "HAVEN AVENUE PAVEMENT REHABILITATION FROM 4T" STREET TO FOOTHILL BOULEVARD" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "HAVEN AVENUE PAVEMENT REHABILITATION FROM 4T" STREET TO FOOTHILL BOULEVARD": PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. They can also be found at www.dir.ca.gov/ under the "Statistics and P-22 RESOLUTION NO. February 17, 2010 Page 2 "Statistics and Research" Tab. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. 'The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices: Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of P-23 RESOLUTION NO. February 17, 2010 Page 3 of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the propertyr of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and ail applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) or "C-12" License (Earthwork and Paving Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho P-24 RESOLUTION NO. February 17, 2010 Page 4 Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, Plaza Level Engineering Counter, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS); said $35.00 (THIRTY-FIVE DOLLARS) is non- refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non- reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The request for plans and specifications should include the title of the requested project and bidder's business card, including valid mailing address, phone and fax number, and a-mail address. Please note that plans and specifications will not be processed, given out or mailed until payment is received, which shall include the cost of the plans and specifications and the stated mailing fee or bidder's FedEx account number, if applicable, until the information above is received. Checks/request shall be addressed as follows: City of Rancho Cucamonga Attention: Engineering Plaza Level 10500 Civic Center Drive Rancho Cucamonga, CA 91730 No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requjrements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for "HAVEN AVENUE PAVEMENT REHABILITATION FROM 4T" STREET TO FOOTHILL BOULEVARD" may be directed to: CURT BILLINGS, ASSOCIATE ENGINEER & PROJECT MANAGER 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4069 By order of the Rancho Cucamonga Redevelopment Agency, Rancho Cucamonga, California. Dated this 17th day of February, 2010 P-25 RESOLUTION NO. February 17,2010 Page 5 Publish Dates: February 23 and March 2, 2010 PASSED AND ADOPTED by the Rancho Cucamonga Redevelopment Agency, Rancho Cucamonga, California, this 17th day of February, 2010. Donald J. Kurth, M.D., Chairman ATTEST: Jack Lam, Secretary I, JACK LAM, SECRETARY of the Rancho Cucamonga Redevelopment Agency, Rancho Cucamonga, Califomia, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Redevelopment Agency of the City of Rancho Cucamonga, Califomia, at a regularmeeting of said Redevelopment Agency held on the 17'" day of February, 2010. Executed this 17th day of February, 2010, at Rancho Cucamonga, California. Jack Lam, Secretary ADVERTISE ON: February 23 and March 2, 2010 STAFF REPORT EVCiI\EERMG$ERl'ICF_ti DF..P:{R"!'~4F_NT Date: February 17, 2010 To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Ping Kho, Assistant Engineer~X- r ~; ~~ RANCHO C,UCAMONGA Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE ACOUSTIC PANELS AND WINDOW SHADES AT PAUL A. BIANE LIBRARY TO BE FUNDED FROM LIBRARY FUNDS (630) RECOMMENDATION It is recommended that the Redevelopment Agency approve plans and specifications for the Acoustic Panels and Window Shades at Paul A. Biane Library and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids." BACKGROUND/ANALYSIS This project will install a shading device and acoustic panels in the lobby area at the Paul A. Biane Library. The project is to be funded from Library Funds (603). Staff has determined that the project is Categorically Exempt per Article 19, Section 15301(a) of the CEQA guidelines. The Engineer's estimate is $83,000 including a 10% contingency and costs for printing and advertising. Legal advertising is scheduled for February 23 and March 2, 2010 with a bid opening at 2:00 p.m. on Tuesday, March 23, 2010. Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/PK:Is P-26 Attachments: Vicinity Map and Resolution P-27 CITY OF RANCHO CUCAMONGA PAUL A. BIANE LIBRARY VICINITY MAP N Nar m srrra P-28 RESOLUTION NO./~/~ IO-OC~y A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ACOUSTIC PANELS AND WINDOW SHADES AT PAUL A. BIANE LIBRARY" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "ACOUSTIC PANELS AND WINDOW SHADES AT PAUL A. BIANE LIBRARY". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required bylaw for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Rancho Cucamonga Redevelopment Agency of the City of Rancho Cucamonga, San Bernardino County, Califomia, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, March 23, 2010, sealed bids or proposals for the "ACOUSTIC PANELS AND WINDOW SHADES AT PAUL A. BIANE LIBRARY" in said City. Bids will be publicly opened and read in the office of the City Clerk,- 10500 Civic Center Drive, Rancho Cucamonga, Califomia 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of ACOUSTIC PANELS AND WINDOW SHADES PAUL A. BIANE LIBRARY." A MANDATORY PRE-BID MEETING is scheduled for Wednesday, March 3, 2010, at 10:00 a.m., at the Paul A. Biane Library, 12505 Cultural Center Drive, Rancho Cucamonga, California, 91739. All Prime Contractors are required to have a representative attend and sign in at the pre-bid meeting. Failure to comply with this attendance and sign-in requirement will result in the Bidder's proposal being found non-responsive to the required bid procedures. At the pre-bid meeting, a job walk-thru in the Library will be conducted. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less P-29 RESOLUTION NO. Page 2 than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is pertormed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. They can also be found at NnNw.dir.ca.gov/ under the "Statistics and Research" Tab. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed foreach calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract, The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by thejoint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eightjoumeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices orjourneymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall complywith the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. P-30 RESOLUTION NO. Page 3 Information relative to apprenticeship standards, wage schedules, and other requirements maybe obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement flied in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be.given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. P-31 RESOLUTION NO Page 4 The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, togetherwith the expiration date, and be signed by the Contractor declaring, under penaltyofperjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, Plaza level Engineering Counter, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS); said $35.00 (THIRTY-FIVE DOLLARS) is non- refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non- reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The request for plans and specifications should include the title of the requested project and bidder's business card, including valid mailing address, phone and fax number, and a-mail address. Please note that plans and specifications will not be processed, given out or mailed until payment is received, which shall include the cost of the plans and specifications and the stated mailing fee or bidder's FedEx account number, if applicable, until the information above is received. Checks/request shall be addressed as follows: City of Rancho Cucamonga Attention: Engineering Plaza Level 10500 Civic Center Drive Rancho Cucamonga, CA 91730 No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids P-32 RESOLUTION NO. Page 5 Questions regarding this Notice Inviting Bids for"ACOUSTIC PANELSANDWINDOW SHADES AT PAUL A. BIANE LIBRARY PROJECT TITLE" may be directed to: CURT BILLINGS, ASSOICATE ENGINEER & PROJECT MANAGER 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4069 By order of the Redevelopment Agency of the City of Rancho Cucamonga, California. Dated this 17'" day of February, 2010. Publish Dates: February 23, 2010 and March 2, 2010 PASS ED AND ADOPTED by the Redevelopment Agency of the City of Rancho Cucamonga, Califomia, this 17`" day of February, 2010. ATTEST: Donald J. Kurth, M.D., Chairman Jack Lam, Secretary I, JACK LAM, SECRETARY of the Rancho Cucamonga Redevelopment Agency of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Redevelopment Agency of the City of Rancho Cucamonga, California, at a regular meeting of said Redevelopment Agency held on the 17~' day of February, 2010. Executed this 17'" day of February, 2010, at Rancho Cucamonga, California. Jack Lam, Secretary ADVERTISE ON: February 23, 2010 and March 2, 2010 MEMORANDUM CI"IY ATTORNEY'S OFNICE RANCHO Date: February 17, 2010 CUCAMONGA To: Chairman and Members of the Redevelopment Agency Mayor and Members of the City Council Jack Lam, City Manager From: James L. Markman, City Attorney~~~ Subject: Approval of a Resolution Waiving Privilege to Maintain the Confidentiality of Certain Specific Closed Session Materials for the District Attorney's Office It is recommended the Redevelopment Agency/City Council approve the attached Resolution waiving privilege to maintain the confidentiality of certain specific closed session materials for the District Attorney's Office. BACKGROUND/ANALYSIS The,. District Attorney has asked to review documents related to or supplied by staff to Councilmembers ih closed sessions related to real estate (housing) transactions. My view is that the materials are privileged because of the confidentiality which is bestowed on the closed session process, but I know of no specific authority which so holds when a District Attomey seeks information. The District Attorney believes he could obtain an order to access the materials. It is our view that for the limited purpose of cooperating with the District Attomey, the Council and the Agency Board should consider waiving the privilege against disclosure and provide for the District Attorney's access to the materials. The staff cannot provide the materials without Council and Agency Board approval because these legislative bodies are holders of the closed session privilege. In accordance with the discussion above, staff is presenting a Council and an Agency resolution which provides for the waiver of the privilege under discussion. P-33 Attachment (as noted) P-34 RESOLUTION NO. RA 10- 405 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, WAIVING ITS PRNILEGE TO MAINTAIN THE CONFIDENTIALITY OF CERTAIN SPECIFIED CLOSED SESSION MATERIALS ONLY IN ORDER TO PROVIDE THOSE MATERIALS TO THE OFFICE OF THE SAN BERNARDINO COUNTY DISTRICT ATTORNEY A. Recitals. (i) The Office of the San Bernardino County District Attorney ("the District Attorney" hereinafter) has requested that it be provided access to the following documents: Any and all documents provided by the staff of the City of Rancho Cucamonga or Rancho Cucamonga Redevelopment Agency to Members of the Rancho Cucamonga City Council, the Board of Directors of the Rancho Cucamonga Redevelopment Agency or the Members of the Rancho Cucamonga City Council Housing Subcommittee for consideration in closed sessions which occurred from January 1, 2005 to the present concerning any real estate transaction considered both by that City Council, the Redevelopment Agency's Board of Directors, and that Housing Subcommittee and any and all documents which reflect the discussions which occurred during those closed sessions ("the documents" hereinafter). (ii) This Board has been advised that the documents are privileged and exempt from disclosure and that such privilege only may be waived by this Board. (iii) It is the desire of this Board to waive the privilege which would preclude disclosure of the documents for the limited, sole and specific purpose of providing the documents to the District Attorney in order to cooperate with the District Attomey and to facilitate the performance of the District Attorney's duties. B. Resolution. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Redevelopment Agency does hereby find and resolve as follows: and coned. All of the facts stated in the Recitals, Part A, of this Resolution are true 11231-0001\1205093v1.doc -1- P-35 2. This Board does hereby knowingly and intentionally waive and relinquish its privilege to preclude disclosure of the documents for the limited, specific and sole purpose of providing the documents to the District Attorney in order to cooperate with the District Attorney and to facilitate the performance of the District Attorney's duties. 3. The Secretary shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 17th day of February, 2010. AYES: NOES: ABSENT: ABSTAINED: Mayor I, , Secretary of the Rancho Cucamonga Redevelopment Agency, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Agency held on the 17th day of February, 2010, and was finally adopted at a regular meeting of the Agency held on the 17th day of February, 2010. ATTEST: Secretary 11231-0001\1205093v1.doc -2 - P-35 STAFF REPORT ' ~I REDEVELOPMENT AGENCY rr "~ v RANCHO Date: February 17, 2010 C,UCAMONGA To: Chairman and Members of the Redevelopment Agency Jack Lam, AICP, Executive Director From: Linda D. Daniels, Deputy City Manager Subject: APPROVE THE SOURCES OF PAYMENT AND NECESSARY BUDGET APPROPRIATION FOR THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY'S SHARE OF THE STATE BUDGET DEFICIT REDUCTION (SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUND) FOR FISCAL YEAR 09/10 (FUND 2 51 1 801-5 51 9 TO PAY $22,000,000; FUND 2500801- 5519 TO PAY $6,898,900; AND FUND 2505801-5519 TO PAY $3,210,990) TOTALING $32,109,879. RECOMMENDATION Approve the sources of payment for the Redevelopment Agency's share of the State Budget Deficit Reduction in the amount of $32,109,879 ($22,000,000 from Fund 2511801-5519; $6,898,900 from Fund 2500801-5519; and $3,210,990 from Fund 2505801-5519); authorize staff to pay the County Auditor/Controller by May 10, 2010 pursuant to State requirements; and approve a budget appropriation to Funds 2511801-5519, 2500801-5519 and 2505801-5519 in the same amounts. BACKGROUND Due to the State budget crisis, redevelopment agencies will. be required to pay a total of $2.05 billion to help balance the State's budget ($1.7 billion in FY 2009-10 and another $350 million in FY 2010-11). These funds will be deposited in the county "Supplemental" Educational Revenue Augmentation Funds (SERAF) to be distributed to schools to meet the State's Prop 98 obligations to education. Rancho Cucamonga's total liability is $38,714,390 ($32,109,879 in FY 2010-11 and $6,604,511 in FY 2011-12). The budget act legislation requires that each redevelopment agency notify the County Auditor/ Controller by March 1, 2010 to designate how the money will be paid. The SERAF payment is required to be deposited with the County by May 10, 2010. The Agency will use funds that have been allocated for projects and capital needs in order to pay the required SERAF amount. Specifically, funds that have been reserved for the second phase of Central Park and the I-15/Arrow Highway Interchange will be reduced, thus jeopardizing the overall funding for these much needed projects. Also, the Fire Fund's payment will come from the reserve for future equipment and vehicle needs that are critical to keeping our resources in the best service condition possible. Reduced funding could also jeopardize safety facility projects. The California Redevelopment Association has recommended that the following language be part of the March 1, 2010 transmittal letter to the County Auditor that designates how the Agency will be paying its SERAF obligation: "As you may know, the validity of the legislation mandating this SERAF transfer has been challenged in litigation pending in the Superior Court for Sacramento County, California P-37 STAf F R&POR'k - APPROVE T'ItE SOURCIS OP PAYMGN'T FOR'I'I-IE 09/10 SERAF PAYMF.:N"1' PACE 2 Redevetopment Association et al. v. Genest et al., Case No. 34-2009-80000359-CU-WM-GDS (CRA v. Genest). This case alleges, among other things, that the duties of county auditors under Health and Safety Code Sections 33690(a) and 33690.5(a) to deposit funds received from redevelopment agencies in County Supplemental Educational Revenue Augmentation Funds are inconsistent with various state and federal constitutional provisions and are therefore unlawful and unenforceable. The Rancho Cucamonga Redevelopment Agency reserves any rights it may have to withhold the payment of funds to you under Health and Safety Code Section 33690 or to recover those funds after payment or transfer based on any order or judgment of the Court in CRA v. Genest." To date, more than $17 million has been paid by the Rancho Cucamonga Redevelopment Agency to the State of California. If not successfully challenged, the proposed 09/10 and 10/11 SERAF obligations will result in cumulative payments to the State of more than $55 million. In the past, the State has allowed for cone-year extension of time to the Redevelopment Plan when an ERAF payment is required. Currently, there is no one-year extension opportunity with the proposed 09/10 and 10/11 SERAF payments. Respectfully submitted,,, /,,~ Linda D. Daniels Deputy City Manager STAFF REPORT RANCHO CUCAMONGA FIR$ PROTZCTION DISTRICT RANCHO Date: February 17, 2010 CUCAMONGA To: Chairman and Members of the Redevelopment Agency From: Mike Bell, Fire Chief By: Pamela Pane, Management Analyst II Subject: APPROVAL TO TERMINATE THE PROFESSIONAL SERVICES AGREEMENT #RA06-012 AWARDED TO McCARTHY BUILDING COMPANIES, INC., OF NEWPORT BEACH, FOR THE CONSTRUCTION MANAGEMENT SERVICES FOR THE FIRE PROTECTION DISTRICT'S ADMINISTRATION HEADQUARTERS PROJECT, ON GOOD TERMS ENDING FEBRUARY 17, 2010 RECOMMENDATION Approval to terminate the Professional Services Agreement #RA06-012 awarded to McCarthy Building Companies, Inc., of Newport Beach, for the Construction Management Services for the Fire Protection District's Administration Headquarters project, on good terms ending February 17, 2010. BACKGROUND/ANALYSIS The Redevelopment Agency Board approved Professional Services Agreement #RA06-012 with McCarthy Building Companies, Inc., of Newport Beach, for Construction Management Services for the Fire Protection District Administration Headquarters building funded from Account No. 2505801-5300/1392505-0. McCarthy performed some construction cost estimate work for the project and has been compensated for those services. However, due to unforeseen changes in the timeline and changes in economic conditions, the District is forced to terminate the Professional Services Agreement on good terms ending February 17, 2010. Respectfully submitted, / ~~. P-38 Mike Bell Fire Chief P-39 .` PUl3I.IC WORKS SERVICES DEPARTMENT -' Date: February 17, 2010 RANCHO • ~,UCAMONGA To: Mayor and Members of the City Council Chairman and Members of the Redevelopment Agency President and Members of the Board of Directors Jack Lam, AICP, City Manager From: William ~ttkopf, Public Works Services Directar Mike Bell, Fire Chief By: Jeff Barnes, Parks and Landscape Maintenance Superintendent Subject: APPROVAL TO EXECUTE CONTRACT RENEWALS (CO 90-145, 89-138, 93-008) WITH MARIPOSA HORTICULTURAL ENTERPRISES, INC., OF IRWINDALE, CALIFORNIA, FOR THE MAINTENANCE OF CITY PARKS AND CITY AND FIRE DISTRICT LANDSCAPE SITES, IN THE AMOUNT NOT TO EXCEED $1,44f,000 FOR CITY FACILITIES AND $65,750 FOR FIRE DISTRICT FACILITIES FOR FISCAL YEAR 2009-2010 TO BE FUNDED FROM VARIOUS GENERAL FUND ACCOUNTS, SAN BERNARDINO COUNTY REIMBURSEMENT ACCOUNT, CAPITAL RESERVE ACCOUNT, LANDSCAPE MAINTENANCE DISTRICT ACCOUNTS, CFD 868 ACCOUNT, RDA ADMINISTRATION AND FIRE DISTRICT ACCOUNTS RECOMMENDATION It is recommended that the City Council, Redevelopment Agency Board and Fire Board of Directors approve the execution of contract renewals (GO 90-145, 89-138, 93-008) with Marlposa Horticultural Enterprises, Inc., of Irwindale, Ca(ifomia, for the maintenance of city partcs and city and fire district landscape sites, in the amount not to exceed $1,401,000 for city faciiRles and $85,750 for fire district fadlities for fiscal year 2009- 2010 to be funded from various General Fund accounts, San Bernardino County Reimbursement account, Capital Reserve account, Landscape Maintenance District accounts, CFD 868 account, RDA Administration and Fire District accounts. BACKGROUND/ANALYSIS Mariposa is one of two landscape contractors used by the City to maintain various landscape sites citywide. The City Council has previously awarded contracts (CO 90-145, 89-136, 93-006j to Mariposa Horticulture{ Enterprises, Inc. These maintenance contracta have been renegotiated for fiscal year 2009-2010; however, no CPI was granted this year due to the currant economic downturn. Updated bonds and insurance certificates have been submitted as per the City requirements. R pe ul sub ted, illiam ittkop r e e I Public Works Services Director Fire Chief WW:JB:sm STAFF REPORT PUBLIC WORKS SERVICES TJL~+P.~R'rMENT Date: February 17, 2010 To: Mayor and Members of the City Council Chairman and Members of the Redevelopment Agency Jack Lam, AICP, City Manager/Executive Director From: William Wittkopf, Public Works Services Director By: Jeff Barnes, Parks and Landscape Maintenance Superintendent ., .~ RANCHO CUCAMONGA P-40 Subject: APPROVAL TO EXECUTE CONTRACT RENEWALS (CO 90-144, 90-143, 02-018} WITH TRUGREEN LANDCARE OF UPLAND, CALIFORNIA, FOR THE MAINTENANCE OF CITY LANDSCAPE SITES, IN THE AMOUNT NOT TO EXCEED $1,674,120 TO BE FUNDED FROM VARIOUS GENERAL FUND ACCOUNTS, LANDSCAPE MAINTENANCE DISTRICT ACCOUNTS, FOOTHILL BOULEVARD MAINTENANCE ACCOUNT, AND RDA ADMINISTRATION ACCOUNT AS APPROVED IN THE FISCAL YEAR 2009-2010 BUDGET RECOMMENDATION It is recommended that the City Council and Board approve the execution of a contract renewal (CO 90-144, 90-143, 02-018) with TruGreen LandCare of Upland, California, for the maintenance of City landscape sites in the amount not to exceed $1,674,120 to be funded from various general fund accounts, landscape maintenance district accounts, Foothill Boulevard maintenance account, and RDA Administration account as approved in the fiscal year 2009-2010 budget. BACKGROUND/ANALYSIS TruGreen LandCare is one of two landscape contractors used by the City to maintain various landscape sites citywide. The City Council has previously awarded contracts (CO 90-144, 90-143, 02-018) to TruGreen LandCare. These maintenance contracts have been renegotiated for fiscal year 2009-2010; however, no CPI was granted this year due to the current economic downturn. Updated bonds and insurance certificates have been submitted as per the City requirements. Res cttu submi ed, William Wittkopf Public Works Services Director WW:JB:sm P-41 STAFF REPORT ENGINEERING DEP~IRTMENT jZnNCHo Date: February 17, 2010 4vUCAMONGA To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark A. Steuer, Director of Engineering ServiceslCity Engineer By: Joseph Stofa, Associate Engineer Subject: CONSIDERATION OF A RESOLUTION TERMINATING AN AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY FOR REIMBURSEMENT OF COSTS RELATED TO COMMUNITY FACILITIES DISTRICTS 2001-01 AND 2003-01 RECOMMENDATION It is recommended that Redevelopment Agency approve ttre attached Resolution tenninating the Agreement between the City and Redevelopment Agency for reimbursement of costs related to Communty Faalities Districts 2001-01 and 2003-01; authorize the Chairman and the City Clerk to sfgn said Resolution; and allow any funds collected by the City but not yet remitted to the Agency be used for transportation and drainage improvements. BACKGROUNDIANALYSIS On August 1, 2001, the Redevelopment Agency approved Resolution RA 01-111 and on February 19, 2003 the Redevelopment Agency approved Resolution RA 03-003 for the reimbursement of costs related to the Community Faalities Districts 2001-01 and 2003.01, respectively, for the advance and repayment of funds as they were contributed into the accounts. 1t has been over B years since the approvals of these agreements and there are only two remaining non-participating parceb (Pierotti APN 227-161-21 end Aggazrotti APN 229-021-1~ that remain undevebped from the original 17 non-participating parcels. Tha majority of the parcels that are covered by the Agreements have developed and payments have been made per the Agreements. At this time, there are no development plans for the two remaining parcels. When the two remaining parcels develop, all impact fees will be paid and based on the City's fee rates in effect at time of development. Stall is also requesting that any money that has been received by the City pursuant to the Agreemerns, end not yet transmitted to the Agency, be made available for transportation and drainage improvements in the City. Respectfully submitted, /">I~ Mark A. Steuer Director of Engineering Services/City Engineer MAS;JSIakt P-42 RESOLUTION NO. ,~ I D-ooh A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY TERMINATING AN AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY FOR REIMBURSEMENT OF COSTS RELATED TO COMMUNITY FACILITIES DISTRICTS 2001-01 AND 2003-01 WHEREAS, Redevelopment Agency Resolution RA 01-111 was approved on August 1, 2001 approving the agreement for reimbursement of costs between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency related to the Community Facilities District 2001-01; and WHEREAS, Redevelopment Agency Resolution RA 03-003 was approved on February 19, 2003 approving the agreement for reimbursement of costs between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency related to the Community Facilities District 2003-01; and WHEREAS, all of the requirements established as prerequisite to approval of the Agreements between the City of Rancho Cucamonga and Rancho Cucamonga Redevelopment Agency have been met; and WHEREAS, the two remaining non-participating parcels, APN 227-161-21 and APN 229- 021-17, will pay all impact fees based on the City's fee rate in effect at time of development; and WHEREAS, any money that has been received bythe City pursuant to the Agreements, and not yet transmitted to the Agency, be made available for transportation and drainage improvements in the City; and WHEREAS, said Agreements between the City of Rancho Cucamonga and Rancho Cucamonga Redevelopment Agency are no longer required. NOW, THEREFORE, THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY HEREBY RESOLVES, that said Agreements be and the same are hereby terminated and the Chairman is hereby authorized to sign said Resolution terminating the Agreements on behalf of the Rancho Cucamonga Redevelopment Agency, and the City Clerk to attest. Donald Kurth, M.D., Chairman ATTEST: Jan Reynolds, City Clerk P-43 STAFF REPORT ENGINEERING SERVICES DEPARTMENT ~'['V`', )~ RnNCHo Date: February 17, 2010 CUCAMONGA To: Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Engineer Shelley Hayes, Assistant Engineer Subject: RELEASE OF FAITHFUL PERFORMANCE BOND NOS. 190017195 AND 104809467, RETAINED IN LIEU OF MAINTENANCE GUARANTEE BOND IN THE AMOUNT OF $6,239,501.50, FOR THE RCMU AND FIBER BACKBONE EXTENSIONS, AND FOOTHILL BOULEVARD MEDIAN LIGHTING IMPROVEMENTS, CONTRACT NO. RA07-003 It is recommended that the Redevelopment Agency authorize the City Clerk to release the Faithful Performance Bond Nos. 190017195 and 104809467, retained in lieu of Maintenance Guarantee Bond in the amount of $6,239,501.50, for the RCMU and Fiber Backbone Extensions, and Foothill Boulevard Median Lighting Improvements, Contract No. RA07-003. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Pouk & Steinle Inc. 2520 Rubidoux Bivd. P. O. Box 3039 Riverside, CA 92519 Res Ily submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/JAD/SH:Is Attachment .~1NA DR ~..~ ~ 5 ~ ~ i HILLSI E RO IL IDE ~ I h ' N LSO i AV WIL NAV LSON V EEC I ' u • ' i N W N ~ \ BANV N ST W 1 210 ~ I IO FW 121 I Z W 0 M I ~y I ' ~ ~ 3 V C70R1 I ~ ~ ~ I BASE IN B 1 ~• x CHU CHS `~` ~ CHU CHS ^ • f OTH BL r y x w x I ' RRO RT G ` [j ~ 9TH 5T JERBEY BL ~ B H ST G ~ ~ ~ 9T ~.-I 8TH 6T " HST a ¢a t 4TH S .. a. PROJECT Vicinity Map RCMU and Fiber Backbone Extensions and Foothill Blvd. Median Lighting ' ' F-45 RANCH tRIC t O CIJCAMONGA FIRE PROTECTION [)iS Agenda Check Register U28/20LOthrough 2i9r~0t0 Check No. Check Date Vendor Name Amount AP-00292852 1/28/2010 AIRGAS WEST 33.79 AP-00292852 028!2010 A[RGASWES"C 60.03 AP • 00292852 I?28!2010 AIRGAS WEST 45.15 AP-00292852 1/28!2014 AIKGAS WEST. 82.35 AP-00292852 1/28!2010 AIRGASW'ES'C 74.9L AP-04292852 1128!2010 AIRCiAS WEST ~ 52.59 AP-40292852 1/28/2010 AIRGAS WF.,S'T 14.88 AP-007.92852 1,"28/2014 AIRGAS WES'C 827.38 AP-00292852 1!28!2410 AIRGAS WEST 43936 AP-00292852 028!2010 AIKGAS WEST 418.08 AP-dd292RG1 2;'312010 AC,L000IES'COOLS 238.17 AP - 00292861 2x312010 ALL CCTIES "COOLS 135.93 AP - 00292891 2!3!?010 CARQUES"C AUTO PARTS ~ 65.18 AP - 00292898 2/3/2010 COSTF.LLO, DENNIS M 163.00 AP-40292893 2,~3i?O(0 COS"l'ELLO,DENNISM 119.08 AP - 00292903 2/.312010 CUCAMONC3A VALLEY WATER D[STR[CT 165.94 AP - 00292903 2;3!2410 CUCAMONGA VALLEY WATER DISTRICT 226.31 AP - 04292903 2x312010 CIICAMONGA VALLEY WATER DISTRICT 92.00 AP-0029?.903 2:3!2010 CCJCAMONGA V.41..LEY 1VATERDISTKIC'I' 326.92 AP - 00292903 2{3/2010 CtJCAMONGA VALLEY WATE2 DISTRLCTT 303.24 AP - 40292943 2;3!2014 CIJCAMONGA VAC,C,L'.Y W:YCER DFSTRICT 144.80 AP - 00292903 2/3/2010 CUCAMONGA VALLEY W`A"CER DISTRICT 294.61 AP - 04292903 2/3!2014 CUCAMONGA VALLEY WATER DISTRICT 149.38 AP - 0029291.3 2!3/2010 DONALUSON, ICELLEY 25.00 AP-00292923 2/3/2010 ELAN CREATIVE 1,4385 AP - 00292930 2!312010 FAIL SAFE TESTING 3,026.05 AP - 00292931 2/3!2410 FEDERAL EXPRESS CORP 25.95 AP - 00292936 2'312410 FLEET SBRV[CES INC. 662.67 AP - 00292949 2(3!2010 COSS, R013ERT 130.00 AP-00292957 2;3/2010 HARTW[CgMARK 39.36 AP - 00292964 2(3/2010 1{OhtE DEI''O'1' CREDCC SERVICES 99.83 AP-04292990 213!20(0 KMEFtRBAPPAIU\TIJS 69.87 AP-00292994 2/3/201(1 KMEF(REAPPARATIJS 677.34 AP - 00292991 2i3Y2010 K1.iT.A`CUNGE, NEAL 25.00 AP - 00292995 21312014 L,A WSON PRODUC"CS 1NC 297.28 AP - 0029:3404 2/3/2010 MARL[NK. SA [NC t 17.00 AP - 00293016 2/3'2010 NAPA AUTO PARTS 3252 AP-00293024 2/3/2010 OPFCCEDEPOT 100.97 AP - 00293024 213!2010 OFFICE DEFOT ~ 370.22 AP - 00293042 2x3!2010 RADIO SA'CELLITE [NTEGRA"COBS [NC 23,947.48 .4P - 00293048 2;3(2010 RAYNF.: WA'f'IiR CONDi'T[ONING INC 24.50 AP-00293052 2/3/2010 RIVERA,GEORCE 244.85 .AP - 00293457 2/3!2010 RRM DESIGN GROUP 3,368.20 AP - 00293068 2/3/2010 SAN BERNARD[NO COLJNTY 2,226A0 AP - 00293070 2/3/2010 SAN E3ERNARDINO CTY FIRE DEPARTMENT' 457.00 AP - 00293080 2/3/2010 SETON IUENT[FtCAT-ION PRODUCTS ~ 437.81 AP - (10?93080 2/3,x2010 SETON IDENT[EK~ATION PRODiIC`CS 29.45 AP - 0029308(1 2%3!2014 SMART AND FINAL 46A4 AP - 00293086 2/3/2010 SMART AND FINAL 230.82 AP - 00293090 2/312010 SO CALfF GAS CUMPANY 730.21 AP-00293090 213,x7.016 SO CALIFCiASCOMPANY 730.20 AP - 00293090 2/3/2010 SO CALIF GAS COMPANY ~ 623 ~7 AF'-00293090 213124[0 SO CALIF<iASCOMPANY 151.61 AP - 00293090 2/3%2010 SO CALIF GAS COMPANY 324.7 User: VLOPEZ-Veroni ca Lopez Page: I Current Date: 02/10/201 Report:CK_ACBNDA_R EG_PORTRA[T _RC - CK: Agenda Check Register Portrait Layout Time: 15:52:5 [L1NCHO CUCAMONCA FIRL', PROTECTION DISTRICT P-46 Aeen(la Check Rerwister !/28/2010 through 2/9/2010 Check No. Check Bate Vendor Namr Amount rlP - 00?93096 2/3/2010 SOUTE-IERN CALIFORNIA EDISON 522 l AP - 00293096 2/3!2010 SOUTHERN CAALCFORNIA EDISON 1,298.26 AP-00293096 2,'3!2010 SOtJTFtERNCALIPORNIAEDISON 710.41 :\P-00293100 213!20(0 STF_~RLINGCOFFEESERVICE 59.10 AP - 002931.07 2;3/2010 TEKM(MX PROCESSING CEN"PEk 48.75 AP -00293107 2!3/2010 TFRMINIX PROCESSING CENTER 73.00 AP-00293L15 2/312010 `t'URNOU'CM,AIN'CENANCI~COMPANS'LLC (,634.41 AP - 00293115 2/3120 (0 TURNOUT R4AlNTF.NANCE COMPANY LLC 134.00 AP-00293lL6 2/3/2010 UN(FIRSTI.IN[FORMSERVICE 5L58 AP-002931 t6 2/3/2010 UN[FIRS'i'UNIFORMSERVICCi 5158 AP-00297116 2/3/20 Hi [JNR'FRSTUNIFORMSERVICP. 51.58 AP-0029.3128 2/3/2010 VERIZON 475.05 AP - 00293128 2/3/2010 VERi'/_ON 475.05 :\P - 00293128 2;3/2(110 VER[7_.ON 475.05 AP - 00293128 2`3/2010 VERILON 475.05 AP - 00293128 2/3/2010 VERIZON 36.81 AP - 00293128 2~`3t20I0 VERIZON 57.82 AP - 00293128 2/3/20IU VERCZON 35.67 AP-00297128 2/31^010 V6R[ZON 35.67 AP - 00293145 2/4/2010 .ALLSTAR FIRE EQUtPML'NT INC 1,467.58 AP-00293150 2!4!20 LO EMCORSERVKIE 1,367A4 \P - 002971.'.0 2/4/2010 EMCOR SERVICE 295.00 Total for Check [D AP: 56,169.01 Total for Entity: 56,169.0 V User: VLOPEZ-Veronica Lopez Page: 2 Current Date: 02/10/201 Report:CK_AGENDA_REG_POR"CRAIT_RL' - CK: Agenda Check Register Portrait Layout Time: 15:52:5 P-47 ryE J U u U V N ~ O ~ A O O O1 ~ o :o R E ~' Y eCO NM O g O L ~ f. R O~ 'boa Ua VO r ~~~ c. u ~' 1 a Y v W N W iqq T' T~ O ~I f `o$ a° Y O mj dm aj f qm 6 m `m >~ ~ o l (O ~j N ~ fV O ~ m i n ~ I I J N r O c 4+ N ` N '^ N N a M ~ M g M e n o ~ 0 Jo pm o 11 O q = o °- o M m N r m r a D N f~ r ~s 0 o g > $ D f0 °o O O Oo c o D ~o o U m A N ~i W Y N m ~ < ~ y m df = J LL N 41 ^. O °o ~ of o N m 0 °o N ^- m P ~ I N m h rn 0 p .N ~ m m N S d ;~ NEN 0 C a w S. c ~c W r ~o m 4~ U N N._ A ag ~ L.. N C L U O O avE m ~ .' N c 10 p 6 H N m L O ~ ~ dyc ~L o W ~ N N - ~ N > i ~~ c r o -a a ~~ O y y Ta _T O .d. L U ~ C Q pN O m N m O O G N ~ o a E w n X ~r ~`^m Oma C C ~ m o « ~i v° m o mva o m nTE r cad d~ a'S > ~~ ~ S o ~ r d~~ o ~~ r; e y L o IO ~ N ~ tNp d m' N L U N > ~~~ va ~_ u ~ LL € N ri ,D U d ~°5 c O d N O a C C ~ L Ga) N a C C ~ o m.d o rnc~ a u gym` C N 1~ t7 ~ L !~ 'p ~i vi .- > E ~ rn ~ W a rn t ~ M m o c ~ 'o $a O " 4 C g ~E ~ N p~ r om A ~ m c c H m ~ S~ c N 'c ~• E Koa m ,a E A° yN ~ K O l) d 2 m O N m N m _'~ 8 S ^~ E} m ~ ~~ q W 7 N W ~ Lp ~ ~.C ~~U Q W ~~ ~_ U ~ lL _^ O_ 3 > O n~ 'E rc o n rc a ~ 0 M q 0 N o ~ O v = o n c O ~ 6 O d m N a F m g u~ vS O O $g A m O ¢' O J N O~ l0 p m 0 8 m 1~ r Of A ti T ~ m m «~ tl W !~ m A ~ y .8 n m n of N = N d ~ ~ ~ O C O d N ~ 01 C N ~ ~ $ r CO ~ d C ~ M N y ° n °n O PL '~ ~ m of d o ~ ~ 0 ~. ~ LL O O AA ci a ~ e ° o: a a' m~ e,_, ~ ~ ~ a'~ ~ ~ LL N x E c C N V r 3 2 m W I ? U m Z w r Q Q 4 c I O N E J IQ a c LL 9 0 C T u m rn a S 10 a O Y J t~ os N 's ~~ $$I~ o ~ m n ~a H O O N O M pr p O pO O N m O O O 8 W T CpJ CI pN N N pO r N O m N N Y1 ~ °a a ri m u 0 0 8 o S 8 S ~i M e N N om a~ 0 8 Y umi QZ 2 0 N a o ~ w E ~ m O ~ 4~ ¢ i K K Q 0 0 W W A LL LL 9 C ~ 8 N U o ~ 0 0 NJ N m ~i m e ~ W rc x O X m M LL ~ M .~ N n .4 T r m ~., n r m a Q 9 S F P-48 K U IL ^ o ~ o a o a ¢° a ~ a 0 0 P-49 m R a E 2r ' r N~ m o ~ o N ~ b r 6 O 0 N N n Cf ~ W N C t y N l0 0 ~ U p O Cf N N Y A ~° ~ o' ~ ~ O a c o 3 LL ~ ~ ~ a°a U O O r O m m x w 0 N b m ~ ~ S ° m j c P m a °m m N d o « d L ~ N e s ' a ^o dqd b C N Q m O O g Z O LL J Q V LL O ~ Y C 4Z _WWW m 0 Z d O ~ z > ; Q C U N Q o Y S O a n b d a A L h A V 8 0 f K U"' LL O 6 o i ~ a a° q 0 N P-50 o K U ~ 6 LL ~ ~ a o iR rc & o a tt a s a eta ~ ~ ~ o c w m m ~ ,. ~i o rv n m n n q $ ' eo ~ N of °m N C q O O O O O 'i L° G O G O O O C O Ea 9 o A c A ~ o0 n ~ ' ~ ' Q i Q N ~q qq d C rg W N '~I W ^ t~ m' 'a~ NN, n a j.l ` U M i g a p nj °o pj °o N N' b n Y~ + r M1 N ~ m ~ E d c C d C t0' O ~ ~` '~ i+ ~6 ~ L w /0 m 7 O~ ` ~ « ~ ~ a c •~ ~ o aq a d o v ° ~ ~ Q N LL N Q - m o ~ a .- ~ d ~ h o a C ~ C q G ~ Z O CI ~ O N ~Y q ~ w a~ N O f z a d 3 N Vi V c $w z F m O ~ > U z E ~ ~ E i ~ o 0 ~ a fi $ ° ~ ~ Vl ~ U !1 N Z N N L O T Z ~ O C O ~ ~ ~ O i ~. ~ C ~ LL ~ ~ ~ V ' a ° u N i ~ e _ ~ o o < o b m ~ ~Y C J m C T p u c U y ~ $ N g a v m ~ g y n w m ~ o ~ P-51 State of California Pooled Money Investment Account Market Valuation 12/31 /2009 gy (f )' `3~ ~~''~~ ~l~Yx rye. ri~~y}n `'Fi{19tr tUBF t%ia~m~ .u.~ ~~~' '~+L~nP ~ ~ ~' ' ~ k was ~~~ v.~ ~ L' f" ..?r'ru: y1"Y "d~YfvEP^•'iL ?_y~ F J,.^'+~F+Ye°~g~~. ~ ~ ~~~-~yv~ ~'Oes~i o ,,«' ,ntikec~ued=t",=[e$S p~~c >rM ;.f}1±!tortl;e Cast; ~~s ~Fair~V~a _~ F,~~,~ ce!4e~( (rt;e sE United States Treasu Bills $ 16,180,532,754.95 $ 18,202,021,798.70 $ 18,210,321,950.00 NA Notes $ 6,963,540,150.24 $ 6,962,514,433.06 $ ~ 6,967,024,000.00 $ 8,938.953.83 Federal A enc SBA 8 555,758,748.19 $ 555,749,180.58 $ 546479,189.67 $ 594,632.84 MBS-REMICs $ 891,287,839.18 $ 891,287,839.18 $ 933,016165.51 $ 4,235,617.00 Debentures $ 1,610,214,125.73 $ 1,610,214,125.73 $ 1,622,739,980.00 $ 543,017,884.38 Debentures FR $ 1,939,948015.82 $ 1,939948015.82 $ 1,940,239,500.00 $ 281,822.80 Discount Notes $ 8,312,516085.84 $ 8,319,293,088.71 $ 8324,225,500.00 NA FHLMC PC $ $ $ - $ GNMA $ 105,784.31 $ 105,78431 $ 117914.35 $ 1042.17 IBRD Deb FR $ 300,000,000.00 $ 300,000,000.00 $ 300,456,000.00 $ 283,181.08 CDs and YCDs FR $ $ - $ $ - Bank Notes $ $ $ $ ~ - COs and YCDs $ 6,465,063,285 92 $ 6,465 053,952 59 $ 6,465,264,691'25 $ 1.833,418.04 Commercial Pa er $ 5,046,651 763.39 $ 5,048 166,933.93 $ 5 048 376 783.63 NA Cor orate: Bonds FR $ 188,887,715.04 $ 188,887 715.04 $ 188,680,551.28 $ 69,149.73 Bonds $ $ $ $ Re urchase A reements $ $ $ NA Reverse Re utchase $ $ $ $ Time De sits $ 4 375,800,000.00 $ 4 375,800 000.00 $ 4,375,800,000.00 NA NOW Account $ $ - $ NA AB 55 & GF Loans $ 12,346,812,173.81 $ 12,346,812,173.81 $ 12,346,812,17381 NA TOTAL $ 67,177,118,442.42 $ 67,205,855,041.47 $ 67269,554,399.50 $ 559,255,701.87 Fair Value Including Accrued Interest $ 67,828,810,101.37 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). The value of each participating dollar equals the fair value divided by the amortized cost (1.000947825). As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $20,018,956.49 or $20,000,000.00 x 1.000947825. P-52 lr ~ ti . ° R A N C l-I O C U C A M G N G A FIRE PROTECTION DI~iTR1CT Staff Report DATE February 17, 2010 TO: President and Members of the Board of Directors Jack Lam, AICP, City Manager FROM: Mike Bell, Fire Chief BY: Kelley Donaldson, Public Education Specialist SUBJECT: APPROVAL TO RECENE A DONATION IN THE AMOUNT OF $2,500 FROM WALaVIART FOR PUBLIC EDUCATION PROGRAMS Approval to accept a donation in the amount of $2,500 from Wal-Mart for public education programs (Risk WatchT^' and the Threat Avengers Trading Card Program). BACKGROUND The Fire District has spent the last couple of years working with a local graphic design firm on a specialized project known as the Threat Avengers Trading Card program. The focus of this program is to promote injury prevention messages to middle school age children - a target audience that's often tough to reach. This program is the first known of its type. In order to promote the project and interactive web page, the Fire District has developed a marketing program and sought donations to supplement the costs. Generous donations from business partners such as Wat-Mart are essential in making this project attainable. Wal-Mart will be recognized as a donor by prominently displaying their logo on the web site, and a thank you letter will also be sent to them in appreciation of their generosity. FISCAL IMPACT Anticipating donations from local businesses at the start of the fiscal year, a portion of the Fire District's Public Education Budget was used to offset the cost of this project. Respectf submi ed, Mike Bell Fire Chief STAFF REPORT RANCHO CUCAMONGd FIRE PROTL'C.I7ON DISTRICT Date: February 17, 2010 To: President and Members of the Board of Directors From: Mike Bell, Fire Chief By: Walt Stickney, Associate Engineer Pamela Pane, Management Analyst II RANCHO CUCAMONGA Subject: APPROVAL TO AUTHORIZE THE ADVERTISEMENT OF THE NOTICE INVITING BIDS, INCLUDING THE PRE-QUALIFICATION OF BIDDERS, FOR THE HELLMAN FIRE STATION (177) CONSTRUCTION PROJECT, FUNDED FROM ACCOUNT NO. 3289501-565011597289-6314 RECOMMENDATION That the Fire Board authorize the advertisement of the Notice Inviting Bids, including the pre- qualification of bidders, for the Hellman Fire Station (177) Construction Project, funded from Account No. 3289501-5650/1597289-6314. BACKGROUND/ANALYSIS The Fire District Strategic Plan, presented to the Fire Board on July 14, 2005, identified the need for a fire station in the northwest portion of the community. On December 20, 2006, the Fire Board directed staff to proceed with plans for the Hellman Fire Station (177) at a location on approximately 1.16 acres of surplus Flood control property, at the Demens Basin II, located on the west side of Hellman Avenue, south of Hillside Road. The Planning Commission held a public meeting on October 14, 2009, and approved the project. Plans and specifications have been completed for the construction of the fire station. The station will serve the northwestern Rancho Cucamonga community, providing the area with the timely delivery of emergency services for fire suppression and life safety. The fire station will be a one- story structure with a residential design character that is approximately 6,000 square feet. The station will house a Paramedic Engine staffed 24 hours a day/7 days aweek/365 days a year. Also housed there will be a Brush Fire Engine that will be used for wildland fires. Pre-Qualification questionnaires will be available both at City Hall, as well as on the City's web site, and will be due back to the City on March 25, 2010. Qualified contractors will then be invited tc continue the bidding process including a mandatory pre-bid meeting on April 8, 2010, and the bid opening on June 1, 2010. Respectfully submitted, <d%!~ P-53 Mike Bell Fire Chief STAFF REPORT ` RANCHO CUCA MONGA FIRE PROTECTION DISTRICT RANCHO Date: February 17, 2010 C,UCAMONGA To: President and Members of the Board of Directors From: Mike Bell, Fire Chief By: Walt Stickney, Associate Engineer Pamela Pane, Management Analyst II Subject: APPROVAL TO AUTHORIZE THE ADVERTISEMENT OF THE NOTICE INVITING BIDS, INCLUDING THE PRE-QUALIFICATION OF BIDDERS, FOR THE HELLMAN FIRE STATION (177) CONSTRUCTION PROJECT, FUNDED FROM ACCOUNT NO. 3289501-5850/1597289-6314 RECOMMENDATION That the Fire Board authorize the advertisement of the Notice Inviting Bids, including the pre- qualification of bidders, for the Hellman Fire Station (177) Construction Project, funded from Account No. 3289501-5650/1597289-6314. BACKGROUND/ANALYSIS The Fire District Strategic Plan, presented to the Fire Board on July 14, 2005, identified the need for a fire station in the northwest portion of the community. On December 20, 2006, the Fire Board directed staff to proceed with plans for the Hellman Fire Station (177) at a location on approximately 1.16 acres of surplus flood control property, at the Demens Basin II, located on the west side of Hellman Avenue, south of Hillside Road. The Planning Commission held a public meeting on October 14, 2009, and approved the project. Plans and specifications have been completed for the construction of the fire station. The station will serve the northwestern Rancho Cucamonga community, providing the area with the timely delivery of emergency services for fire suppression and life safety. The fire station will be a one- story structure with a residential design character that is approximately 6,000 square feet. The station will house a Paramedic Engine staffed 24 hours a day/7 days aweek/365 days a year. Also housed there will be a Brush Fire Engine that will be used for wildland fires. Pre-Quaycation questionnaires will be available both at City Hall, as well as on the City's web site, and will be due back to the City on March 25, 2010. Qual~ed contractors will then be invited to continue the bidding process including a mandatory pre-bid meeting on April 28, 2010, and the bid opening on June 1, 2010. Respectfully submitted, Mike Bell Fire Chief P-54 RESOLUTION NO. FD 10-006 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE PRE-QUALIFICATION STATEMENTS AND BIDS FOR THE HELLMAN FIRE STATION (177) CONSTRUCTION PROJECT IN SAID CITY WHEREAS, it is the intention of the Rancho Cucamonga Fire Protection District to construct certain improvements in the Rancho Cucamonga Fire Protection District. WHEREAS, the Rancho Cucamonga Fire Protection District has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the City Clerk is hereby authorized and directed to advertise as required bylaw for the receipt ofpre-qualification statements and sealed bids for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantialty in the following words and figures, to wit: °NOTICE INVITING PRE-QUALIFICATION STATEMENTS AND SEALED BIDS° Pursuant to a Resolution of the Fire Board of the Rancho Cucamonga Fire Protection District, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said Rancho Cucamonga Fire Protection District will receive at the Office of the Clry Clerk in the offices of the City of Rancho Cucamonga, on or before the dates and times specified below, pre-qualification statements and sealed bids for the HELLMAN FIRE STATION (177) CONSTRUCTION PROJECT in said City. MANDATORY PRE-QUALIFICATION OF BIDDERS: All bidders on this project must be prequal~ed prior to submitting a bid on the project. It is mandatory that all Contractors who intend to submit a bid fully complete the pre-qualification questionnaire, provide all materials requested therein, and be approved by the City to be on the final qualified Bidders Ilst. No bid will be accepted from a Contractor that has failed to comply with these requirements. If two or more buslness entitles submit a bid as part of a Joint Venture, or expect to submit a bid as part of a Joint Venture, each entity within the Joint Venture must be separately qualified to bid. Complete information regarding the pre-quaycation process can be obtained from the City's web site at http: www.ci.rancho-cucamonga.ca.us, or from the contact(s) listed below. The City reserves the right to adjust, increase, limit, suspend or rescind the pre-qualification rating based on subsequently learned information. While it is the intent of the pre-qualification questionnaire and documents requlred therewith to assist the City in determining bidder responsibility prior to bid and to aid the Ciry in selecting the lowest responsible bidder, neither the fact of pre-qualification, nor any pre-quaycation rating, will preclude the City from apost-bid consideration and determination of whether a bidder has the quality, fitness, capacity and experience to satisfactorily perform the proposed work, and has demonstrated the requisite trustworthiness. The City may refuse to grant pre-qualification where the requested information and materials are not provided by the pre- qualiflcation statement deadline or are not provided at all. There is no appeal from a refusal for an incomplete or late application, but re-application for a later project is permitted. The Dosing time for bids will not be changed in order to accommodate supplementation of Incomplete submissions or late submissions. DUE DATE AND LOCATION FOR PRE-QUALIFICATION STATEMENT SUBMITTALS: Complete Pre- qualiflcation Statements will be received at all times during normal business hours prior to the Preyualiflcation Statement Deadline, which is the hour of 5:00 pm on Thursday, March 25, 2010, at the Office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Note that the Rancho Cucamonga Citv Hall is Dosed Fridays. Pre-qualification Statements that arrive after the Pre-qual'fiication Statement Deadline, including mailed pre-qualification statements delivered after the specified deadlines, will not be accented, regardless of the tlme postmarked or otherwise indicated on the envelope. All pre-qualfcation statements must be in writing and must contain an original signature by an authorized officer of the firm. Electronic pre- qualiflcationstatements (i.e., telephonic, FAX, etc.) are not acceptable. All pre-qualification statements shall P-55 RESOLUTION NO. Page 2 clearly contain on the outside of the sealed envelope in which they are submitted: "CONFIDENTIAL PRE- QUALIFICATIONSTATEMENT FOR THE HELLMAN FIRE STATION (177) CONSTRUCTION PROJECT". It is anticipated interviews for the pre-quaycation process will be held at the Rancho Cucamonga City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California 91730, from Monday, April 5, 2010, to Wednesday, April 7, 2010. Potential qualfiers should prepare to make themselves available for an interview during that period. DUE DATE AND LOCATION FOR SEALED BIDS: Sealed bids will be received at all times during normal business hours prior to the Bid Opening, which is the hour of 2:00 pm on Tuesday, June 1, 2010, at the Office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Note that the Rancho Cucamonga Citv Hall is closed Fridays. Bids will be opened at the Bid Opening time stated, in the Office of the City Clerk, or as otherwise posted. Bids that arrive after the specified Bid Opening time, inGuding mailed bids delivered after the specified deadlines, will not be accepted, regardless of the time postmarked or othervise indicated on the envelope. All bids must be in writing and must contain an original signature by an authorized officer of the firm. ElecVOnic bids (i.e., telephonic, FAX, etc.) are not acceptable. Bids must be made on a form provided for the purpose, addressed to the Rancho Cucamonga Fire Protection District, Califomia, marked, "BID FOR THE- CONSTRUCTION OF THE HELLMAN FIRE STATION (177) CONSTRUCTION PROJECT". Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. CONTRACTOR'S QUALIFICATIONS: Bidders must complete the Pre-quaycation Statement Form and submit all required information. A Bidder's failure to fully complete the form or to adequately respond to the questions shall cause Contractor to fail to prequalify and to be ineligible as a bidder. Prospective bidders should review the qualification requirements described in the Pre-qualification Statement prior to any further inquiry. MANDATORY PREBID CONFERENCE DATE AND LOCATION: A mandatory Prebid Conference will be conducted on Wednesday, April 28, 2010, at 10:00 am. The Prebid Conference will beheld at the proposed construction site located at 9270 Rancho St.., Rancho Cucamonga, CA. This construction site is adjacent to Hellman Ave., immediately south of Hillside Rd. LIQUIDATED DAMAGES: There will be a $500 assessmentfor each and everycelendar daywork remains undone after date fixed for completion of the Project. LABOR LAW AND PREVAILING WAGES: Notice is hereby given that in accordance with the provisions of Cal'rfornla Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the ConVactor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work Is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of IndusVial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, Califomia, and are available to any Interested party on request. The ConVacting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the Rancho Cucamonga Fire Protection DisVict, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, 'rf such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprentigble occupation to apply to the joint apprenticeship committee nearest the site of the public work's 20100217 Reno Notice Inviting Bids BeWnnn FS 177 - wilt pre goal and pie bid (2).doc P-56 RESOLUTION NO. Page 3 project and which administers the apprenticeship program in that trade for a certificate of approval. The cert~cate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in Uaining in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship Uaining on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable Vade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal days work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, ArtiGe 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the Rancho Cucamonga Fire Protection District, twenty-Uve dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. BID SECURITY: The bidder must submit with his proposal, cash, cashier's check, cerUUed check, or bidders bond, payable to the Rancho Cucamonga Fire Protection District for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the Rancho Cucamonga Fire Protection District. If the Rancho Cucamonga Fire Protection District awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the Rancho Cucamonga Fire Protection District to the difference between the law bid and the second lowest bid, and the surplus, 'rf any shall be returned to the lowest bidder. PAYMENT AND PERFORMANCE BONDS: The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims 20100217 Reno Nonce Mvi[mg Bids Hellman FS 177 - with pie goal and {ae bid (2).doc P-57 RESOLUTION NO. Page 4 for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered Into between him and the said Rancho Cucamonga Fire Protection District for the construction of said work. CONTRACTOR'S LICENSE: Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "B" License (General Engineering Contractor) in accordance with the provisions of the ConUactor's License Law (Calfornia Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed bythe Contractor declaring, under penalty of perjury, that the information being provided is true and correct. PROJECT MANUAL: The work is to be done in accordance with the profiles, plans, and specifications of the Rancho Cucamonga Fire Protection DisUict on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Plans and specifications are available at the office of the Rancho Cucamonga Director of Engineering Services/Ciry Engineer, and will be furnished upon application to the Rancho Cucamonga Fire Protection DisUict and payment of $150.00 (ONE HUNDRED FIFTY DOLLARS), said $150.00 (ONE HUNDRED FIFTY DOLLARS) is non refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non reimbursable payment of $25.00 (TWENTY-FIVE DOLLARS) to cover the cost of mailing charges and overhead. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the Rancho Cucamonga Fire Protection District and who has not been pre-qualified. SUBSTITUTION OF SECURITIES: In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Spec'rficatlons regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sde cwst and expense, substitute authorized securities in lieu of monies withheld (performance retention). AWARD OF CONTRACT: The successful bidder will be required to enter into a contract satisfactory to the Rancho Cucamonga Fire Protection District. The Rancho Cucamonga Fire Protection District, reserves the right to reject any or all bids and to waive any informality or irregularity in any bid. Any contract awarded will be let to the lowest prequalified responsive and responsible bidder. All questions regarding this Notice Inviting Bids must be in wrWng (fax and email is acceptable) and received by the City no later than 5:00 pm on Monday, May 17, 2010. The Citv is not responsible for questions undeliverable. Questions regarding this Notice Inviting Bids for the HELLMAN FIRE STATION (177) CONSTRUCTION PROJECT must be directed to: Walter C Stickney, PE Associate Civil Engineer City of Rancho Cucamonga 10500 Civic Canter Dr Rancho Cucamonga, CA 91730 (909) 477-2740, exl 4076 (909) 477-2748 (fax) Email at walt.sticknev@citvofrc.us 2010021'1 Reno Nalice Inviting Bids Hellman FS 177 - with pre goal and pre bid (2).doc P-58 RESOLUTION NO. Page 5 It is advised that cc's be directed to: Pamela Pane Management Analyst II Rancho Cucamonga Fire Protection DisVict 10500 Civic Center Dr Rancho Cucamonga, CA 91730 (909) 477-2740 ext 3006 (909) 477-2772 (fax) Email at pamela.panet~citvofrc.us By order of the Fire Board of the Rancho Cucamonga Fire Protection District, San Bernardino County, California. Dated this 17th day of February, 2010 Publish Dales: February 23, 2010, and March 2, 2010 PASSED AND ADOPTED by the Fire Board of the Rancho Cucamonga Fire Protection Disrict, San Bernardino County, California, this 17th day of February, 2010. Donald J. Kurth, M.D., President ATTEST: Janice C. Reynolds, City Clerk 1, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duty passed, approved, and adopted by the Fire Board of the Rancho Cucamonga Fire Protection District, San Bernardino County, California, at a regular meeting of said City Council held on the 17th day of February, 2010. Executed this 17th day of February, 2010, at Rancho Cucamonga, California. Janice C. Reynolds, CMC, City Clerk ADVERTISE ON: February 23, 2010, and March 2, 2010 20100217 Reno Notice inviting Bide Hellman FS 177 -with pre goal and pre bid (2).doc P-59 PUBLIC WoRxs SERVICES DEPARTMENT Date: February 17, 2010 RANCHO • ~,UOAMONGA To: Mayor and Members of the City Council Chairman and Members of the Redevelopment Agency President and Members of the Board of Directors Jack lam, AICP, City Manager From: Wflllam Wittkopf, Public Works Services Director Mike Beli, Fire Chief By: Jeff Barnes, Parks and Landscape Maintenance Superintendent Subject: APPROVAL TO EXECUTE CONTRAGT RENEWALS (GO 90-145, 89-136, 93-006) WITH MARIPOSA HORTICULTURAL ENTERPRISES, INC., OF IRWINDALE, CALIFORNIA, FOR THE MAINTENANCE OF CITY PARKS AND CITY AND FIRE DISTRIG7 LANDSCAPE SITES, IN THE AMOUNT NOT TO EXCEED $1,401,000 FOR CITY FACILITIES AND $65,750 FOR FIRE DISTRICT FACILITIES FOR FISCAL YEAR 2008-2010 TO BE FUNDED FROM VARIOUS GENEf2AL FUND ACCOUNTS, SAN BERNARDINO COUNTY REIMBURSEMENT ACCOUNT, CAPITAL RESERVE ACCOUNT, LANDSCAPE MAINTENANCE DISTRICT ACCOUNTS, CFD 868 ACCOUNT. RDA ADMINISTRATION AND FIRE DISTRIGT AGCOUNTS RECOMMBNDAT{ON It is recommended that the City Council, Redevelopmenf Agency Board and Fire Board of directors approve the execution of contract renewals (CO 90-145, 89-136, 93-008) with Mariposa Horticultural Enterprises, Inc., of Irwindale, California, for the maintenance of city parks and city and fire district landscape sites, in the amount not to exceed $1,401,000 for city facilities and $65,750 far fire district facilities for fiscal year 2009- 2010 to be fancied from various General Fund accounts, San Bernardino County Reimbursement account, Capital Reaerve account, Landscape Maintenance District accounts, CFD 868 account, RDA Administration and Fire District accounts. BACKGROUNDlANALYSIS Mariposa is one of two landscape contractors used b the City to maintain various landscape sites citywide. The City Counoil has previously awarded contracts ~CO 90-145, 89-138, 93-006) to Mariposa Horticultural Enterprises, Inc. These maintenance contracts have been renegotiated for fiscal year 2009-2010; however, no CPI was granted this year due to the current economic downturn. Updated bands and insurance cert~cates have been submitted as per the Clty requirements. R e tful sub fled, p illiam it kop I e Bell Public Works Services Director Fire Chief WW:JB:sm P-60 ' CITY OF RANCHO CUCAbiONGA Aeetetla Check Register t/zai261o tlunuglt 2/92610 Check No. Check Dnte VenAor Name Amom~t AP - 00292354 1/28/20L0 . BROUARI' BOOKS 41 44 AP - 00292854 !/232010 BROUAI2'C BOOKS 45.94 AP-00292854 128/20(0 BRODARTBOOKS 9810 AP - 00292854 0282010 BRODART BO<)KS 515.68 AP - 00292354 I /28;2010 BRODAR.T BOOKS 89.51 AP-0029235.1 1!23/2010 BR.ODARTBOOKS IO.L7 AP-00292854 023/2010 BROUAR'PF300K5 19.53 AP - 00292354 12&'2010 I3RODART BOOKS 10.90 AP - 00292854 1/28/2010 BRODAK"C BOOKS 14.13 AP - 00292314 V28!201.0 BRODART BOOKS 63.45 AP - 00292854 I/28t2010 BRODART BOOKS 44.62 AP - 00292854 V28/2010 BRODAR'C BOOKS 9.74 AP-00292854 1/25/2010 BRODAkI`BO0K8 15.27 AP - 00292854 1/28/2010 BRODART BOOKS 43.81 AP - 00292854 128/2010 BRODAR'C BOOKS 96.16 AP-00292854 1/282010 BROUARTBOOKS R7.t8 AP-00292854 1/23/2010 BRODARTBOOKS ti7.47 AP-00292854 1/28/2010 BRODARTBOOKS 13.01 AP - 60292854 !/28/2610 BRODART BOOKS 4.S F AP - 00292854 I%281201.0 BROUART BOOKS 6.69 AP - 00292854 1/282010 BRODAK'C BOOKS 18.05 :1P-00292394 1/282Gt0 BRODARTBOOKS 451 AP - 00292814 023(2010 BRODART BOOKS 1.3.53 AP - 00292854 028/2010 BRODART 600KS 6.69 AP - 00292854 !/28/2010 BRODAR'C 1300KS 20.'_2 AP - 0029'2854 I /28!2016 BRUDARI' BOOKS 29.24 AP - 00292854 1(28/2010 BRODAR"C BOOKS 27.06 AP - 00292854 1/28%2610 6RODART BOOKS 13.83 AP - 00292354 1/28/2010 BRODART BOOKS 27.08 AP - 00292854 1/28/2010 BRODART B(?OKS 30b.61 AP-00292854 Ir28i2G1Ci BROUAR`('B(X)KS 36.09 AP-00292814 1%2R/2010 CiROUARTB<)OKS 4.Sk AP-00292354 1/28/2010 BRODAR'F'BOOKS 4.>! AP-00292854 128!2010 BRODAK'CBOOKS 4.51 r\P - 00292R1a U^<8/2010 BRODART BOOKS L3.OS AP-0029285a 1 /2 812 0 1 0 BRODA RC BOOKS 9A2 AP-00292854 (28P_OIC BRODAR'CBOOKS 6.69 AP - 00292854 1/28/2010 BRODAR'I' BOOKS 4.51 AP-602.92314 028/2010 BRODARTBOOKS b.G9 AP-00292894 1/28/20(0 BRODARTBOOKS 4.51 AP - 00292854 028/2010 BRODAR'P BOOKS 340.43 AP-00292854 1128/2010 BRODARTBOOKS 4.11 AP - 00292854 1/28/2010 BRODART BOOKS 11.71 AP-00292854 1/28/2010 BRODARTBOOKS 4.51 AP-00292354 1128/20(0 RRODARTBOOKS 9.02 AP-00292814 (/28/2010 BRODAR'CBOOKS 4.51 AP - 00292894 028/2010 BRODART BOOKS 6.69 AP - 00292854 !/28!2010 BROUART BOOKS 9.59 AP - 00292854 1/28/101.0 BROUART BOOKS 14.10 AP - 00292814 ~ 02312010 BRODART BOOKS 9.74 AP - 00292854 1/28!2010 BRODART BOOKS 30.48 AP -00292854 1/23/2010 6ROUART BOOKS 29.94 AP-00292354 1/28/2010 BRODARTBOOKS 12.44 AP-00292854 1/28.2010 BRODAR'fBOOKS 11.75 l.fser: VLOPEL -Veronica Lopez Page: I Current Date: 02/10!201 ReportrCK_AGENDA_ RI3G_POR'1'RA1T _RC - CK: Agenda Check Register Portrait L ayouf Time: LS:S0:0 P-61 CITY bF RANCHO CUC.AMONGA Agenda Clteck ReI!ister 1 /28/201.0 through 2/924 10 Check Nn. Check Date Vendor Name Amomrt AP - 00292854 (/28/2010 BRCIDART BOOKS 14.69 AP - 00292854 )!28/2010 I3R01)ART BOOKS 60.10 AP - 00292854 I /2820!0 BRODART BOOKS 15.27 AP-00292354 I/2R/2010 BRODAR"I'BOOKS 67.47 AP - 00292854 1!28/2010 BROUART BOOKS 3998 AP - 00292854 (/282010 13RODART BOOKS 1,605.06 AP - 00292854 1/28/2410 BRODARI" BOOKS 5.86 :1P-00292855 !128120!0 TRUGREENLANDCARE 11,147.29 AP-00292855 !/28/2010 TR(JGKEENL.4NDCARE 19,806.93 AP-00292855 1/28/2010 'I'RLJGREF.,NLANDCARE 8652 AP - 40292855 l2R/2010 '['R.UGREEN Lt\NDCA[iF, 4,511.68 AP-Od292R55 023/20!4 `CRC1GREfiNLANDCARE 23,541.07 AP - 00292859 t/28/2010 'i'RUGKEEN LANDCARE 65,897.32 AP - 00292355 !12820!0 "I'RUGREF..N LANDCARE 16 X86.4^< AP-00292855 028/20)0 "TRUGREENLANDCARE 57.34 .AP - Q0292855 1/28/2010 '1'RUCiREEN LANDCARE 2,556.32 AP -00292855 128/20!0 TRUGREEN L..ANDCARE 496.54 AP-00292855 Ii28/2010 TRUGREENLANUC:ARE 8)2.76 AP - 00292855 1/28/2010 'CR.UGREF.N LANDCARE 67 L 15 AP-00292855 (/282010 TRUGREENLANDCARE 6,105.38 AP - 00292859 V23i201d "TR(JGRF.EN LANDCARE 9,282.57 \P-00292855 I/28.~2010 TRUGREENLANUCARE 3,788.30 AN - 00297.855 1/28/2010 TR(.fGRL'-EN LANDCARE 2,090.95 AP-40292355 I/28,~2010 'I'RIJC)REL''NLANDCARE 1,818.75 AP-00292855 1/28!20(0 TRIJGIiEENLANDCARE 3(>5.34 AP-00292856 )128/2010 SUN LIFE 2,803.87 AP-00292857 2(312010 AI nUTOMOTIVE 424.13 AP-00292857 2!3/2010 AL AUTOMOTIVE. 321.00 AP - 00292858 2/3/2010 ADVANCID U'CILCfY SYSTIsMS CORP. 900.00 AP-00292858 2/3/2010 ADVANCED UTILI'T'Y SYSTEMS CORP. 205.00 AP-00292858 2/3/2010 ADVANCEDU'I'ILTfYSYSTEMSCORP. 23,3LR24 AP-00292860 2/3!20}0 AGUILERA, ISAGl}I 52.00 AP-00292360 2/32010 AGUR.L'RA, ISAfAH 52.00 AP-00292860 2/3/2010 ACiU[LERA, ISAIAN S2.OU AP - 00292860 2/3/2010 A(AJILERA, ISAFAL{ 52.00 AP - 00292860 2/3/2010 A6IJIL,F.,RA. 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INC. 381.34 AP-00292866 2/320!4 ANDEfiSON,JASON 12.00 AP-00292867 2/3201CI ANDRADE,T.AINI 12.65 AP-00292869 2;3/20(0 APPLIEDME'['ERING"fECHNOLOG[ESINC 17,375.43 AP - 00292370 2/32010 r\RAMARK UNIFORM SERVICES 6.70 AP - 00292870 2/3/2010 ARAMARK LRJIFURT`d SERVICES 6.70 AP - 0039287( 2!32010 ARCHIVE MANACrEb1ENT SERVICES INC 790.00 AP - 00292872 2/3/2010 ARLtA fNTERNATIONAL fNC 21.5.40 AP - 00292873 2/3!'20 f 0 AUTO AND RV SPECIALIS9'S INC. 55.13 AP - 00292373 2/320!0 AUTO AND RV SPECIAL[S'fS INC. 80.18 AP - 00292873 2/32010 AUTO AND RV SPECIALIST"S INC. l 16.52 AP - 00292874 2/32010 AUTO RESTORA'fO[tS [NC 12,349.83 User: VLOPEZ - Veronica [.opez Page: 2 Current Date: 42/10/201 Report:CK_AGENI)A_ R.E'G_POR"TRAIT _RC. - CK: Agenda Check Register Portrait Layout 'Dime: (5:50:0 P-62 CITY OF RANCHO CUCAIZfONGA Akenda Check Register 1/2R/2010 through 2/9!2010 Check No. C.'heck Date Vendor N:une Amount AP - 00292875 213!2010 BAER, SffARON 40.00 AP-00292876 2%31^_010 BAKER,ARLENE 304.00 AP-00292878 2/3/20(0 BARRETO,FWQUELM. 733.00 AP-40292879 2/3/20(0 BA'CHF3RITE 395.Od AP-40292880 2/3/2010 BEACON FLUM1{BING 365.35 AP-00292881 2/3/2010 BEARDPROVENCHERANDA$SOCiNC 1,026.00 AP-44'292881 Z.i3.~2010 BEARDPROVENCHERANDASSOCINC 1,7x8.00 AP-00292882 2/3/2010 BERENS,SI(IRLEY 50.00 AP - 40292883 2/3/20(0 BISHOP COMPANY 295.00 AP-00292884 2;3/2010 BIIRNINGFOXESINC. 1,000.00 AP = 00292885 2!3/2010 CACEO 75.OU AP - 00292885 2/3/2010 CACEO 75.00 AP - 00292885 2/3/2010 CACEO ~ 75.Od AP-00292885 2/3/20!0 CACEO 75.00 AP-Od29?.885 2!3!'20!0 CACfiO 75A0 .4l'-00292885 2/3/2010 CACFO 75.00 AP -0029288ti 2/3/20(0 CAL, PERS LONG TERM CARE 548.96 AP-00292887 2;320EU CALIFORNIAPRESENTERS ISQ.dO AP - 00292888 2/3/2410 CALIFORNIA PROFESSIONAL ENGINEERING IN 30,689.94 AP - 00292888 2/3/2014 CALIFORNIA PROFESSIONAL ENG[NEE[tiNG IN -3,063.99 AP-40292889 Zia2010 CALIFORNIASHOPP[NGCARTRETRIEVAL COR 230.00 AP - 00292890 2/3/2010 CACCAC 54.00 AI'-00292392 2/320!0 CASTANEDA,AL[C[A 90.00 AP - 00292843 <%3./2010 CFIA[rIPION AWARDS AND SPECIAL'CIES 92.44 AP -00292893 2/32010 CFIAMPION AVv'ARDS ANll SPECIALITES 26.10 AP-(x0292894 2/32410 CLAREMONTCOURIER 25.00 AP - 00292895 2/3/2010 CONCEPT POWDER COATING 90.00 AP - 00292896 2(3/2010 COPIES & INK PR[N1'1NG INC. 59.29 AP - 00292897 2/3/2010 COREY, COURTNEY 1,500.00 r1P-00292899 2/3/2010 CR(DLAND,KYLE 20.90 AP-00292900 2/320(0 CUBIAS,[K)RIS It6.00 AP-00292903 2/3;2010 CUCAMONGA VALLEY WATER DISTR[C"C 728.76 AP-00293903 2/3/20(0 CIJCAMONGA VALLEY WATER DIS'CRK;T 113.27 AP - 00292903 2/32010 CUCAMONGA VALLEY WATER D[STRLC"C 73.60 AP-00293903 2/3/2010 CUCAMONGA VALLEY WATERDISI-R[C'I- 37.03 AP-Od292903 2/3/2010 CUCAMONGA VALLEY WA''ER DISTRICT 546.b8 AP-00292903 2/3!2010 C(JCAMONCiA VALLEY WA"fER DISTRIC"f 237.50 AP-00292903 2/3!20(0 CUCAMONGA VALLEY WATERD[S'CR[C"1' 180.G6 AP-00292903 3/3f201d CUCAMON'CrAVALLEYWA'fF;RDISTR[C'I' 121.80 AP-94292903 213/2410 CLJCAMONUAVALLEYWAI"ER DISTRICT 137.43 AP - 00292943 2/3/2010 CUCAMONGA VALLE!' 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VLOPEZ -Veronica Loper Page; R Current Date: 02/10201 Re ort:CK R AGENDA POR'I'RAIT EG RC - CK: Agenda Check Register Portrait Layout Time: 15:50:0 p _ ._ _ _ P-68 CITY OF RANCHO CUCAAIONGA rleenda Check Re2istcr I/28r20tU through 2:'912010 Check Nn. Check Date Vendor Name Amount AP - 00293024 2/3/2010 OFFICE, DEPOT 5.71 AP - 00293024 2,'3P010 OFFICE DEPOT 179.1 ! 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VLOPEZ-Vero nica Lopez. Page: I I Current Date: 02/10201 fieport:CK_AGENDA_ REC~_PORTRACF _RC - CK: Agenda Check Register Portrait Layout Time: 15:50:0 P-71 CITY OF RANCHO CUCAMON(:.A Asen(la Ctteck Resister 1 /23201A lhrongh 2,'9/20 lU Check No. Check Date Vendor Name Amount .4P - 04293096 2/3/2014 SOU'CHERN CALIFOI2N[A EDISON 20.89 AP - Od29309C> 2/3/2010 SOCI"fHERN CALIFORNIA EDISON IS ~6 AP-0029309( 2/3,'2Uf0 SOU'T'HERNCALtFORNLAEDISON SU.RS AP-00293096 2/3/20 L0 SOU'CHERNCALIFORNIAEDISON 21.57 AP-00293096 213/20}0 SOU"CHERNCAL[FORNIAEDISON 76-47 .4P-002931196 2!3!201(1 SOUTEIL"•RNCALIFORNIAEUISON ~ 47.78 AP - 00293096 213/20(0 SOU"fE-TERN CALIFORNIA EDISON 81.91 AP - 00293496 21312010 SOU"I'HERN ('AL[FORNIA EDISON 6L59 AP - 00293096 2/3/2410 SOU9'HF,RN CALIFORNIA EDISON b3.12 AP - 00293096 2/3/2010 SO[JTF{ERN CALRY)RN[A ED[SON 20.89 AP-00293096 2132010 SOU'CHERNCAL.IFORNIAEDISON 268.43 .4P - 00293496 2!3/2010 SOU'T'HERN CALIFORNIA EDISON 21.23 AP - Od293096 2/3/2010 SOUTHERN CALIFORNIA 6DISON Z 1.23 .4P - 0(1293096 2/3/2010 SOU'fi-TERN CALIFORNIA U)ISON 21.D7 AP-00293096 2!3/2010 SOCI'iHERNCALIFORNIAF.DISON 20.22 .4P -00293046 2/3/2010 SOUTHERN CALIFORNIA EDISON 20.89 AP - 00293096 2/3;2010 SOCifHERN CALIFORNIA L'DISON 21.90 AP-QU293096 2'3~"20f0 SOU'1'HFRNCAL(FORNIAED[SON 20.22 AP - 0029309E 2/3/2010 SOU'fFIERN CAL[FUR14G\ EDISON 21.72 AP - 0(129309(1 213120 t0 SOUTHERN CALIFORNIA EDISON 135.68 AP - 00293096 2,'3!2014 SOUTHERN CALIFORNIA EDISON 20.22 AP - 00293096 213(2(1 EO SOU'CFIERN CALIFORNIA EDISON 65.42 AP - 00293096 2/3/2010 SO(ITHF,RN CALIFORNIA EDTSON 5.2.33 ,4P - 00293096 2/3/2010 SOUTHERN CALIFORNIA EDISON 132.54 AP - 0029309C> 2/3/2010 SOLI'fHERN CALIFORNIA EDISON 1293! AP - 00293096 L~/2010 SOUTHERN CALIFORNIA ED[SON 85.85 AP-00293096 2/3/20}0 SOUTItERNCAL[FORNIAEDISON 152.28 AP - 00293096 2!3/24 (d 50011{ERN CALIFORNI4 EDISON 73.20 AP -04293096 2/3/2010 SOU"fHERN CALTFORNAr\ EDISON 23.57 AP - 40293096 2/32014 SOUTHERN CALIFORNIA EDISON 22.40 .4P - 00293096 2/3/2010 SOUTHL"-RN CALIFORNIA EDISON 135.30 rlP - 00293096 213/20!0 SOIJ'fHER,N CALIFORNG\ EDISON 21.57 AP - 00293096 2!.3!2010 SOUT}FERN CALIFORNIA ED(SON 63.90 AP-Q029309G 213/20(0 SOIJTFIER.NCALIFORNIAEDISON 422.!8 AP-00293096 2!3(2010 SOUTHERNCALiP'ORN[AEDI50N 3R.02 AP - 00293096 2/3/2010 SOLI1'HERN CALIFORNIA EDISON 128.13 .4P - 00293096 2/3(2410 SOCITFIERN CALIFORNIA EDISON 46.32 AP-00293096 2!3/2010 SOU"PHERNCALIFORNIAEDISON 2L12 AP - 00293096 2!32010 SOU'iHERN CALIFORNI4 ED[SON f 12.90 AP-00293096 2/3/20!0 SOU'fHERNCAL[FORN[AEDISON 96.51 AP - 00293096 2'32410 SOUTHERN CAL,[FORNIA EDISON 478.95 AP - 00293096 213/2010 SOUTE{ERN CALIFORNIA BDISON 20.55 AP-00293096 2/3/20[0 SOU'I'EIERNCALIFORNIAEDISON (33.24 AP-00293096 2/3/20(0 SOUTI-[ERN CALIFORNIAEDISON 2Q.R9 AP - 00293096 2/32010 SOUTHERN CALIFORNIA F..DISON 64.59 AP - 4029309b 2/3!2010 SOU'T'HERN CALIFORNIA EDISON 22.88 AP - 0029309E 2/320 EU SOUTHERN CALIFORNIA EDISON 79.77 AP-00293096 2/32010 SOUTI-EE RN CALIFORNIAEDISON 187.61 .4P-((0293096 2/3/2010 SOIJTFIERN CALIFORNIA BD[SON 20.96 AP - 00293096 2/32010 SOU'iF[ERN CALIFORNIA EDISON 21.57 AP -00293096 2/3/2010 SOU"fEEERN CALIEO[tN}A ED[SON 60.21 ,4P - 00293096 2/3!2010 SOU['FCERN CALIFORNIA. P.DISON 1 11.73 AP - 00293096 213/2010 50[ITEII:RN CALIFORNIA EDISON 22.38 AP - 00293096 2/32010 SOL[THL•'RN CALIFORNIA BDISON 80.85 User: VLOPEZ -Veronica Lopez Page: 12 Current !)ate: 02/LO!201 Ileport:CK_AGENDA_ RL'G_PORTRAFT_RC - CK: Agenda Check Register Portrait Layout Time: [5:54:0 CfTY OF RAYC;HO CUCAb40NGA At*enda Checl: Resister 123(20) 0 through 2/9/20 t 0 Check Nn. Check Dxte Vendor Name AP - 00293096 2/3/2010 SOUT[{ERN CALIFORNIA EDISON AP - 00293096 2,'32010 SOUTHERN CALIFORNL4 EUISON AP - 00293D96 2/312010 SOUTHERN CAL[i;ORN(A E.U[SON AV - 00293096 :?/3!2010 SOIPI'HERN CAL[FURNIA ED[SON AP - 0029309(1 2;312010 SOU'TNL•-^RN CALIFORNIA EDLSON AP - 00293096 2!32010 SOUTHERN C.ALIFURNIA ED[SON AP - 00293096 2/3/2010 SOUTHERN CALIFORNIA F.DISON AP -00293096 2/3/2010 SOUTHERN CALIFORNIA ED(SON AP - 00293096 2/3/2010 SO(JTFIERN CAL.IEORN[A EDISON AP-00293096 2/3/2010 SOUTHF.KNCAL,IFORNfAEDISON AP - 00293096 2/3!2010 SOUTt-IERN CALIFORNIA EiDISON AP -00293096 2132010 SOU['HL'RN CAL[EURNIA EUISON AP - 00293096 2/3/2010 SOUTHERN CALIFOR.NIr\ ED[SON ,4P - 00293096 2/3/2010 SUUTF[ERN CALIFORNIA EUISON AP - 00293096 2/3/2010 SOU`T'HERN CALIFORNIA ED(SON .4F - 0029309( 2/3/20 LO SOIJ"CFIERN CALIFORNIA EDISI:)N AP-00293096 2,'3/20(0 SOUTI{ERNOAL.[FORNIAfiDISON AP - D029309Ci 2/3120.10 SO(JTFIER.N CALIFORNIA EDISON AP - 00293096 2;3!2010 SOU'T'HERN CALIFORNIA F,DISON AP - 00293096 2!3/20L0 SOUTHERN CALIFORNIA EDISON AP-00293096 2!3/20(0 SOUTFIERNCAL[EORN[AF..DISON .4P - 00293096 2;3/2010 SGUTFCERN CALIFORNIA ED[SON AP-!}(129309(1 2!312010 SOU'1'HL•RNC:ALIFORNIAED[SON AP-00293096 2/3121)10 SOUTHHRNCAL.IFORN[AED[SON AP-00293096 2!3/20(0 SOUCFIEi2NCALTFORN[AF,DISON AP-0029309(, 2/3/2010 SOUTHERNCALIFOIW[AEDISON AP - 0029309ti 2/32010 SOUTHERN CALIFORNIA EDI5ON AP - 00293096 2!3/2010 SOU'CFIERN CAI-IFORN[A EDISON AP - 00293096 2/32010 SOUTHERN CALIF'ORN'IA ED[SON AP - U029309fr 2/312010 SUUTI-TERN C'A.C,iFORNIA F.t715ON AP - 00293096 3(3/2010 SOUTHERN CALIFORNIA EDISON AP - 00293096 2/32010 SOUTHERN CALIFORNIA EDISON .4P-00293096 2/32010 SOUTHERNCALIEURN[AEUISON AP - OD293096 2132010 SOUTHERN CALIFORNIA EDISON AP -00293096 2/3/2010 SOUTHERN CAL[FURN[A ED[SON AP - 00293097 2/3/2010 SOU't'HLAND SPORTS OF'FICIAL,S AP - 00293D97 2i3~'2010 SUUC1{LANll SPORTS OF[''[CIALS ,4P - 00293098 2/3/2010 SPA(iNOLO, SAM AP - 00293098 2/32010 SPACNOLO, SAM AP-00293099 2!3/2010 S'L'EEVE, WILMA .4P-00213099 2/3/2010 STEEVE,WU.MA AP-0029310( 2!312010 S`CEVES'['OSVINCi,4NDTR.ANSPORT AP - 0029310! 2/3/2010 S'CEVES TOWING AND TRANSPOR'i' AP -1)0293102 2/3/2010 STOVER SEED COMFANY .4P - 00293 L03 2;3/20 f 0 51JN, THF.. AP - 00293104 2!312010 SUNDOWN WINDOW FILMS AP - 00293105 2/312010 SUNRISE FORD AP-- 00293106 2!3/2010 TAMMY RAPT' PI-IUTOGRAPHY AP - 00293108 2!3!2!1 UI 'CHEATRICAL LIGHTING & SC'.ENIC SERVICES L AP - 00293109 2/3/2(110 THOMAS, JOE{N :4P - 002931 IO 2%32010. TIGER. U[RECT AP - 002931 I2 2/3!2010 TONG, WENDY e4P-002931L3 2!3/2010 TRACKDOWNMANAGEMENTSERV[CES AP - 002931 l4 Z!'?2010 TR4FF[C OPERATIONS [NC User: V'L,OPE7. -Veronica Lcpcz - Page: 13 Repro•t:CK_AGENDA_R.EG _PORTRA['C _RC - CK: Agenda Check Register Podrait Layout P-72 Amount lOf.t0 95.90 20.22 21.57 20.86 93.59 22.24 72.68 21.57 21.80 37.71 2(.57 21.72 55.98 20.22 2 L63 20.89 21.63 20.89 2 L.53 25.1 l 51.35 2 L7.6R 25.41 21.57 R3.S9 60.15 (0.50 223.65 2L13 21.53 2D.89 2L04 20.22 25.21 230.00 736.00 151.85 85.00 138.41 27.19 40.00 4R.DD 1,522.50 I9b.80 135.00 62.21 150.00 642.39 45.14 2,086.27 22.50 100.00 I L ! 72.94 Current Date: 02/10/201 Time: 15:50:0 Pas crrv a~ r~~NCxo cucAnTaNC A Agenda C.ltecle ReLister l /28/2010 through 219/2010 Chews. No. Check Date Vendor Name Amount AP - 002931. t7 2'.3,"2610 UN[ON BANK OF CALIFORNIA TRtJSTBE FOR P, 253,56 AP-00'2931(7 7_;3120!0 UNION BANK OFCALIEORMATRtJS"1'EEFORP; 2,9(5.8( AP - 602931 13 2%3;2010 lJN[ON BANK OF CALIFORNIA TRUS"CEE FOR P, SQ536.02 AP-00293119 2/:3h0i0 LtN1T"EDPACIF[CSERVK'EStNC; 7,915.00 AP - 00293! 19 2/3/20 t0 UNCFED PACI'FEC SERVICE5INC ~ 6,b00.00 AP-00293((9 313(2010 l1NtT[i.DPACEFK:SERV[CP,SIlYC B;LUt.00 AP - 0(1293 120 2/3!2010 UNI'iED "PRAPFIC 248.13 AP - 00293 120 2/3!2010 0JN[TED TRAM"FIC (,181..57 AP - 00293 120 2!312010 LONITED TRAFFIC; 79.43 AP - 00293121 2/3/201 U UPS'['ART 329.02 AP - 00293 L21 2/3/2010 UPSTART' 329.03 AP - 00293121 213/20 E6 IJPS'CAR'P 51.82 AP-00293 t2( 2.!312010 CJPS'[',4R"I' SL83 AP - 00293 122 2/3/2010 UPS 90. ( 0 AP - 00293122 213/2010 tJPS 32.22 :1P-00293(22 213;2010 UPS 32.13 AP - 00293 t2?. 2.!3/2010 UPS 27.04 .4P - 06293123 2/3,'2016 VASQUE'L, CLALJDIA BELTR,4N 103.00 AP-00293124 2i"3%2010 VEMDUGOMPA2JY 7(52 AP - 00293125 2/3!2010 VERIZON BUSINESS 1,763. t3 AP-00293128 213/20(0 VERIZUN 84.(18 AP - 062s>3128 213,'2010 VC:R[ZO1V t 8.27 .4P-00243(28 2;312000 VEIttLON 36.80 AP-OU293!'2R 2!3l2U10~ VGRIZON ~ 52.&1 ~ AP - 0029128 2!312010 VIRI`/.ON 73.59 AP-002931.28 2' ;-20[0 VERI7_ON 482:90 AP - 60293128 2(3;:010 V'ER[ZON 36.85 AP-00293128 2;3/2010 VERIZUN (8.27 AP-60293[28 2/3/20(0 4'ERI7.ON 36.80 AP-00293(28 21'3120 t0 VER(ZON !8.'27 AP-00293[28 2/3!2010 VERIZ.,ON 38:?4 AP-00293(28 2/3/2610 VEKI7ON 3'1.38 AP-00293128 2/3!2010 VL:RIZON 1.8.78 AP-002931.28 2!3;2010 V-FiR[ZON 76.2( AP-00293(28 2/3!2016 VER[7_ON 150.65 AP-00293128 2(3/20[6 VERiZON 34.38 AP - 00293128 2/3/2010 VERfL,C1N 34.33 AP - 60293128 2/3/2010 VERIZON 3b.80 AP-00293028 2/312010 VERIZON 379.44 AP - 00293 l28 2!3!2010 V ERIZON 18.27 AP-00293[28 2/3/2400 VERILON 35.68 AP-00293128 2/3/2000 VER[Z-,ON 18.27 AP-00293[28 2!317.0(6 VERIZ.ON 08.27 AP-60293{28 2~3i20f0 VER[ZON 36.81 AP-60293128 2%3/2(}10 VEE2.ll_.ON 126.37 AP-06293128 2;3/20!0 VERILON 88.04 AP-00293128 2/3/2000 VERIZf)N 08.27 AP-00293128 2!3i20E0 VERt7.,ON 3b.8L AP-06293128 2/3;2000 VER[ZON 44.41 AP-40293128 2;3120[0 VERtLON 475.05 AP-00293128 ?.;3;2010 VER[ZON 475,05 AP-00293F1.8 2!312010 VER[ZON 08'7 AP-00293128 '2,'3/2000 VF,RTZON 200.27 AP - 00293129 2(312010 VR1t INC 14,445A4 (Jeer. VLOFEZ Veronica Lopez Page: l4 Current Date: 62/10r20I Report:CK_ACiENDA- RL'•G _PURTRAI T_RC - CK: Agenda Check Register Portrait E.a}'out Time: 15:50:0 F-74 CITY OF RANCEIO CUCAMONGA Asentla Check Resister 1.128/20 EU ilnrough 2/9/20! 0 Check No. Check Date Vendor Name Amount AP - 00293129 2/3/'2010 VMI INC: -600.00 AP-00293130 2/3/2010 VOSS,STEPHAN/8 59.95 AP - 00293131 2/3/2010 W L DECORATIVE CUNCRE"CE SERVICES 1,000.0(7 AP-0029:)132. 2!312010 WALKER, REBECCA 78.00 AP - 00293133 2/312010 tVACi"ERS WHOLESALE ELEC'I'R[C CU 1 17.70 AP - 00293133 2/3/2010 WALTERS WHOLESALE ELEC'fR[C CO 167.84 AP - 00293133 2;3/2010 WALTERS WHOLESALE ELECTRIC CO 117.20 AP - 00293134 2/3/2010 WARREN, YULANDA 22.00 ' AP - 00293135 2/3/2010 tVASTE & KECYCLENG NEWS 69.00 AP-00293136 3;317.0!0 WATERSTpRE 70.00 AP - 00293137 2/3/2010 WELLS FARGO BANK N A 2,OOO.U0 AP - 00293137 2!3/2010 R'ELCS FAR(3O BANK N A 2,000.00 AP-00293138 2/3/20f0 WEST PAYMEN'l'CENT'ER 225.16 .4P - 00293139 2/3Y2010 WEST SANITATION SERVICES INC 370.10 AP - 00293140 2;3!2010 WESTERN MEDICAL SUPPLY INC. 460.1 ! AP - 0029314 L 2/3!2010 R'EiSTRUX IN'C'ERNATIONAL1NC. 56.25 AP-00293142 213/2010 WORDM[LL.PUBLIS}[ING ?25.00 AP - 00293142 2/3/2010 WORD MILL PUBLISHING 337.50 AP - 00293142 2/3/2010 WORD MILL PUBLISHING 337.50 AP - 00293142 2/3/2010 WORD MILL PUBLISf-LING 337.50 AP - 00293142 2/3/2010 WORD M[LL PUBLISE{[NG 337.50 AP - 00293143 2/b'20IU YORK [NSIJRANCE SF.RVtCES GCtOUP INC t 1,63"LSO AP - 00293144 2/3/3010 TONES CORPORATE SOL.tJ"!'IONS 5,8175.29 AP - 00293147 2/4/2010 BRODART BOOKS 18.83 AP - 0029314? 2/4/2010 BRODAR'I' BOOKS 257.64 AP - 60293147 2/4/20!0 BRODART BOOKS 38.54 AP - 00293147 2/4/2010 [3RODART BOOKS 18.34 AP - 00^_93147 2.%4/2010 BRODAR"C F3O0KS '.9.39 AP - OO^^<93147 3/4/'2010 BRODART BOOKS 26.01 AP-00293147 2/4/20kU BRODAR'CBOOKS 46.93 AP - 00293147 2/4/2010 BRODAR"[' 13O0KS 284.Sfi AP-00293147 2/4/2010 BRODAR'fBOOKS 176.49 AP-00293147 ?/4/2010 BRODAR"f13O0KS 10.76 AP-00293147 2!4120(0 BRODART'BOOKS 45.95 .4P-00293147 2/4/2010 BRODAR'['BOOKS 14.10 AP-(10293147 2/4!2010 BRODAR'fBOOKS fiL60 AP -00293147 214!2010 BRODAIY[' BOOKS 72.82 AP - 00293147 2/4/2010 BROIIAR'I' BOOKS 9A2 AP - 00293147 2/4/2010 BRODART BOOKS 9.02 AP - 00293 L47 2;4/2010 BRODARI' BOOKS 13.53 AP - 00293147 2/4/2010 BRODAR"C F3O0KS I I?.U AP - 0029314'7 2/4/2010 BRODAR'I' BOOKS 4.S 1 AP - 00293147 2/4/2.0 I0 B2ODART BOOKS 5h.00 AP - 00293147 Zki/2010 RRODART BOOKS 69.83 .4P - 00293147 2/4/2010 BRODART' BOOKS ~ 4.51 AP - 00293147 214/2010 BRODAR'f BOOKS 85.70 AP - 00293 L47 2/4/2010 BRODAR"f BOOKS 9.02 AP - 00293147 2/4/20 LO BRODART BOOKS 15.71 AP - 00293147 2/4/2010 I3RODART BOOKS 13.53 AP-00293147 214!2010 BRODAR'1't3OO1<S 13.38 AP - 00293147 2/4/201(1 BRODART BOOKS 4.51 AP - 00293147 2/4/2010 BRODART BOOKS 13.53 AP - 002931.47 2(4/2010 BRODART BOOKS 13.53 AP - 00293147 2/4/2010 BRODART BOOKS 4.51 User. VLOPEZ -Veronica Lopez Yage: lS Current Date: 0 211 012 0 1 12eport:CK._AGENDA_REG _POR['RAi'r _RC - CK: Agenda Check Register Portrait Layout Time: I S:SU:O F-75 CITY OF RANCHO CUCA1b10NGA Agenda Check Register /28!20 I U dvmigh 2/9(20 t U Check Nn. Check Date VenAor Name Amomtt AP - 00293147 2/42016 BRODART BOOKS 13.53 AP - 00293147 2(4!2010 BRODART SOUKS 76.68 AP - 00293147 2r4;'2010 BRODAKT BOOKS 4.51 .4P - 60293147 2!42010 BRUDART BOOKS 9.02 AP-06293147 2/4/2010 BRODARTBOOh'S 27A8 AP - 00293 f 47 2,'4,'2010 BRUDART BC)nKS 297.59 AP-00293147 2/4,'2010 BRODAR'fBOOKS 36.09 AP - 00293147 2/4/2010 BRUDART BC>OKS 9.02 AP - 002931 d7 2/4/2010 BRUDART BOOKS 6.69 AP - 00293147 2!4/2010 13K.OD.4R"t BC)OKS 36.08 AP - 00293147 2•'41201 U BRODAR"I' BOOKS 27.06 AP-00293(47 2/4/2010 BRODAR"fBC10K5 9.02 AP - Q0293147 214!2010 BRUDART BOORS 98.20 AP-00293147 2/4/2010 (3RODARTBOOKS 40.45 AP - 00293147 2/4/2010 BROI)ART BOOKS 6.Ci9 AP-00293147 2/=}/2010 BRODARTBOOKS 4.51 AP-00293147 2/4120(0 BRODAR"f BOOKS 47.13 AP - 00293147 214,"2010 BRUDART BOOKS 69.68 AP - 00293147 2/42010 13RODART BOOKS 18.34 AP - 00293147 21412010 BR.ODAR`f BOOKS 12.76 AP - 00293147 2/4/2010 BR(.)DART BOOKS 14.70 AP - (10293147 2/4/2010 BRUDART BOOKS 44.04 AP-00293147 ?/412(110 BRODARTBOOKS 43.51 AP - 0029"s 147 2/4/2010 BRUDART BOOKS 27.41 AP - 00293147 2/42010 BRODART BOOKS 72.82 AP-00293147 21420[0 BRODARTBOOKS 158.70 AP - 00293141 2/41'2010 BRODART BOOKS 13.69 AP - 00293147 2/4;'2010 BRUDART BOOKS 15.80 AP-00293147 ?/=1%20[0 BRODARTBOOKS 157.66 AP - 00293147 2/4120 t0 E3RODART BOOKS 302.54 AP - 00293147 214!2010 BROD.4R'i' [3(k)KS 44: ! i AP-00293147 2./412010 BRODARTBOORS 14.19 AP-00293147 214,20!0 BROD.4RTBOOKS 13.68 AP -UU293I47 2/4126[0 BRUDART BOOKS 126.52 AP-00293147 2/420(0 BROUARTBOOKS 19A8 AP - 00293147 2/4/20[0 BRUDART BOOKS 228.46 AP - 0(1293 (47 3/4/2010 BRODAR'f BOC)KS 8'2.34 AP-00293147 2.14,'2010 BRODAR'fBOOKS 19.77 AP - 00293147 2/4;`20[0 BRUDART BOOKS ~ 19.56 AP-00293147 2(4/2010 BRODAR'CBOOKS 123.114 AP - 00293147 '_/412010 BRUDART BOOKS 782.59 AP-00293148 2/4:20(0 I:)APPGR"[lRECO 8394 AF-66293148 2/di2Ul0 DAPPER."CIRECO 322.83 AP-00293148 2.14/2010 DAPPER TIRE CO ~ -6!8.57 AP - 00293149 2/4!2010 DEI.'t'A MICRO(MAGING fNC 1,720.11 ,4P - 00293149 2!'4/2410 DELTA MICRO[MAGING lNC 3,246.85 AF - 00293 151 2/4%2010 GENERATOR SERVICES CO 691.66 AP - 00293151 2/di2010 GENERATOR SERVICES CO 275.95 .4P -00293152 2/4/2010 INLAND VALLEY DAILY BULLETIN 450.00 AP - 00293152 2/4!2010 INLAND VALLEY DAILY BULLETIN 450.00 AP -06293152 2/4!2010 fNLAND VALLEY DAILY B[LLETIN 450.(10 AP-00293152 2/4;"'0(0 INLAND VALLEYDA[LYBULLETIN 450.00 AF-00293153 2/4/2010 NF.•.C[JNIFIEDSOLUTIONS[NC 886.00 AP - 00293153 2/4/2010 NEC UNIFIED SOLUTIONS INC 2L,352.80 Cfser: VLOPEL-Veronica C_opez Page: 16 Current Date: 02/10/201 Report:CK_AGENDA_ RL"G_FORTRA['f _KC - CK:.Agenda Check Regisier Portrait Layout Time: 0:50:0 CI'CY OF RANCHO CUCAMONGA Aeenda Check ReeiYter I/282010through 2/9/2010 Check No. Check llate VenAor Name Amount AP - 00293153 2/4/2010 NEC f.1NIFIED SOLUTIONS MC 4;032.6(1 AP - 00293153 2/4/2010 NEiC UNIPIEU SOLUI'it:)NS INC 4,250.05 AP - 00293154 21'4/2010 SIINRiSfi FORD 54.3ti AP - 00293155 214/20 L0 '1'lV TFiLEC<)M 3,97050 Total for Check ID AP: 1,304970.8 L EP - 00000878 2/3/2010 L3LACK Nz V'EA"k'C'H CORP 6,066.48 EP - 00000879 2!3/2010 MACDONAI,D, JAMIE 1,450.00 EP - OOOOUR79 213/?010 bIACDONALU, JAMIE 170.00 EP-00000880 2/3/2010 SANBERNARDINOC'L'YSHERIFFSDEPT 2,131,!46.00 BP-00000881 2/3/20(0 VIASYN[NC 288.57 EP - 00000881 2/3/2010 V(ASYN [NC 3.000.00 Total for Chcck ID CP: 2,(42,12 L115 7btal for Pntity: 3,447,091.86 P-76 User: VLOPEZ-Veronica Lopez Page: l7 Curren[Date: 02/IOYl01 Report:CK_AGENDA_REG_PORTRAFC_RC - CK: Aoeuda Check Register Portrait Layout Time: L5:50:0 P-77 m E U K U C +' Q ~ ~ O 0 ~ ~ ~ N O ~ ~ M _ ~ ~ U C ~ O 7 ~ ~yp1~-- ~ c r- L O -i o O a ~. a U t~ N m n~ H N I W G I N .- N I O Cl e~i I gF ~ O Nl M m m n ~ ~ ~ ~ ry ~ n `~ } W I O ~ N ~ N O b n « ~ .- h m ~ ~ m °' ep b .- ~, of I e b C F `o-° az a Ygg ; mj O Onf ~ r I N OI N n w 0 O m m O N 0 ~ m m o o ° ~ o N o ~ b 1 p N ~ 1 N N t~ ~lml m Y r N b m S N N N ~ O d 0 O ~ ~ m m c~ o_ r r N N of N n r b N I e « ~ n b Q OD M Yl N N ~ ~ ~ o ri m _ N '- Y1 j m~ o 0 0 ~ ~°-' ~ h ~ Y Ni m ~ w h v1 m ~ ~ m l y ~ b f Y h~ n a uO1i Ip o `oi o ~~ tr u p ~ O O~ mq b N r f M O Y_I b tp N O N O N ~ N ~ LL F ~ N N G r Cl N ~ ~ N j W O O O O O A M OI n d q h N O O N N ~ ~ r" ~ m m o m N N 0 O m N ^ i _ y N N 0 V m d N b W M a 11 '1 ~ y b n ~ ~ N Oj N O l r 1^0 N ~ O N O O b C N V .- N N N b I ~ r N 5~ ~i t d '~ .. c 'c c °c g LL ~ U g ~ c o ¢ d ~ w U ffi ~ ~ ~ ~ = ° S ~ f ~ o c c ~ ae N ~ m N W Q ~ ~ ~ ~ °~ {'. °~ i ° C ~ ~ $ H c7 C ~~ ~~ ~ a' d ~ N ~ u ~gj g' '" c Q }` w m t c 3~~ ~ m t c_ 2 ~ 1~ ~ ~ ~ ~ o U a5Q Vl f u E m °' ~ m T c I m p ~ qE r qq m W~ c O! 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C G C C C C ~ d LL LL LL LL LL LL ILL tl E ~ E - s ~ ~ ~ ~ ~ ~ ~ c ~ d d d d d d N t0 ~ C d U q 0 m m v aTi m N m v O d a t a d c c c c c c c 0 0 0 0 0 0 0 0 ~ c ~ ~~~~ S~ g~ N V W ~ C t ~ O L C d O U U m Z p~ ° ~ o c d ~i a 8 ~ LL ° ~ U a O W U ~ d 0 ry d~ ~ 6 N ~ C d ~ N U °r O rn K a a U ~ ~. 3 ° C o ~ d OI A a " LL d N ~ N a d ~ m m d 5 0 d ~ 3 C N O N O C N m Q N O V1 O O N O Z 0 LL U i w d O Z m a STAFF REPORT ~-~ ~ ti `~- ENGINEER}DIG SERPICES DFY:\R'rMF N'I~ ~-' J RANCHO Date: February 17, 2010 GUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engti~neering Services/City Engineer By: Ping Kho, Assistant Engineer t" ~' Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CALLE VEJAR STREET IMPROVEMENTS FROM APPROXIMATELY 150' WEST OF AVENIDA LEON TO AVENIDA CASTRO AND AVENIDA LEON STREET IMPROVEMENTS FROM ARROW ROUTE TO CALLE VEJAR TO BE FUNDED FROM COMMUNITY DEVELOPMENT BLOCK GRANT AND COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY FUNDS (204) RECOMMENDATION It is recommended that the City Council approve plans and specifications for the Calle Vejar Street Improvements from approximately 150' west of Avenida Leon to Avenida Castro and Avenida Leon Street Improvements from Arrow Route to Calle Vejar and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids." BACKGROUND/ANALYSIS The project will re-construct the existing pavement surface along the construction of curb & gutter, drive approaches and street lights. Sidewalks will be installed on Avenida Leon to connect existing neighborhoods on the north to Arrow Route and the existing park to fill missing segments. There will be no sidewalks installed on Calle Vejar because it will result in the loss of many large trees. The project is to be funded from Community Development Block Grant and Community Development Block Grant-Recovery Funds (204). Staff has determined that the project is Categorically Exempt per Article 19, Section 15301(a) of the CEQA guidelines. The Engineer's estimate is $597,056 including a 10% contingency and costs for printing, advertising, surveying, materials testing and street lights. Legal advertising is scheduled for February 23 and March 2, 2010 with a bid opening at 2:00 p.m. on Tuesday, March 23, 2010. Respectfully submitted, Mark euer~ Director of Engineering Services/City Engineer MAS/PK:Is P-86 Attachments: Vicinity Map and Resolution P-87 i 11 ^ -~ J~ Li Y n` =ni l7 EASE UNE HD~j / ~ } H ~ ~ ~I - ~ I ~I ,.~I -_ ~iASE LINE RD I'JI 'j f ~~ I_ .' h ~%~ I t ). t ;~ RED I _ JI Imo. 1 1 ~ ~ ~~ -- ~ I 7 JL ~ J k~ ~~': J y B f 1~ ~~ d ~ ~ ~ ~ ~~ a ~ ~ Il HILL ~ ~ N 5 :~ ( ((I II I ~ LUl~ C s~~` , ~ t ~ l~ ` ~~ I~z~ ~~i ~, { ~~ ° -, a~~~~~ ~ J~ ~I ~~ I ~ I ~ IJIJ., ~ ~~~ I~ ~' ~ -- .r' =~ IJ~J' -~ ~~ rn - l ~I I' . I DUI ~( e ,, I rye , ~ "_~ f ~a , ~'~ ~ ~ I n ~ ~ , e ~ ~ ~ ~ . ~ ~ ~I ~; I I~ ~ tv i ~ ' r~ 1 r ~ , t " l ~ ~ I~JI ~ ~ ~ ~ I ~~ 1 I~a ~ ~~ ~ ~ i i ' ~l ~t ~ ~i I ~ ~ ~~ ~~ ~L!i i' .~ 1,1 I I11( ~ ~ ~~~ ~'I Il ~ r ~I '{ = I I I . ~.~., I hL ~ 1L :- - k-' `~ i ~` ~ I _ 88 _ _ - ~~'% d 9 _ lr ,~I ___--__ CATI -~ -- ! - LE s t__.,~,_,_ I -~.,- l ~~ .,~ ~ t ~~~,~~ _ Ci.i J~LL11 ~I ~~; j; ~ c~ ~ i I~~ = ~; i ~~~. ~~~_ I_ _ I~ > I ~ t - -1 I~ ~~ l-~~~ ARROW TE~~ l C -- i i ~ L r { 6 _ ~ ~~ ~ ,~ ~ i ~-~ ~ i n r 'J T IUU ~ j X11 _ _-JI I~ { h ~ I~ ~~ ~ Nil--~ r ~_ =~a ~, ,~,~ - , ~~- „_. ~ ~ ~ j ~ o \ ~ ~~ ~. -' C-i ' ~ L I {{` 1~ ~ ~ _ ~ I I~_> G~ 'I . >: -~~~ t ~~~,~, J I ~~ ~ ~_~, 1 ~~.JL~ _ f~L~ _ P-88 RESOLUTION NO. /D'-D2 y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "CALLE VEJAR STREET IMPROVEMENTS FROM APPROXIMATELY 150' WEST OF AVENIDA LEON TO AVENIDA CASTRO AND AVENIDA LEON STREET IMPROVEMENTS FROM ARROW ROUTE TO CALLE VEJAR" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the Ciry of Rancho Cucamonga be and are hereby approved as the plans and specifications for "CALLE VEJAR STREET IMPROVEMENTS FROM APPROXIMATELY 150' WEST OF AVENIDA LEON TO AVENIDA CASTRO AND AVENIDA LEON STREET IMPROVEMENTS FROM ARROW ROUTE TO CALLE VEJAR ". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required bylaw for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" This project is Federally financed by the U. S. Department of Housing and Urban Development (24 CFR, Part 57) for the purpose of providing improvements pursuant to the Americans with Disabilities Act and is subject to certain requirements including the payment of Federal prevailing wages, compliance with "Section 3-Affirmative Action Requirements'; Executive Order#11246 and others. The aforementioned are described in the "Special Federal Provisions"section of the bid documents. Additional information pertaining to the Federal requirements is on file with fhe City of Rancho Cucamonga's Community Development Department. Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said Ciry of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, March 23, 2010, sealed bids or proposals for the "CALLE VEJAR STREET IMPROVEMENTS FROM APPROXIMATELY 150' WEST OF AVENIDA LEON TO AVENIDA CASTRO AND AVENIDA LEON STREET IMPROVEMENTS FROM ARROW ROUTE TO CALLE VEJAR" in said City. A MANDATORY PRE-BID MEETING is scheduled for Tuesday, March 9, 2010, at 10:00 a.m., at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California, 91730. All Prime Contractors are required to have a representative attend and sign in at the pre-bid meeting. Failure P-89 RESOLUTION NO. Page 2 to comply with this attendance and sign-in requirement will result in the Bidder's proposal being found non-responsive to the required bid procedures. At the pre-bid meeting, Section 3 requirements will be explained to facilitate completion of the required Section 3 documents in the bid proposal. Award of the project will be contingent on the content on these Section 3 documents. AFFIRMATIVE ACTION: The City of Rancho Cucamonga hereby notified all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin, in consideration of the award. MINIMUM WAGE RATE: Notice is hereby given that this project is funded with U. S. Department of Housing and Urban Development funds and that the rate of wages for each craft or type ofworkman or mechanic employed under this contract shall be not less than as specified under the U. S. Department of Labor General Wage Decision in the locality in which the work is to be performed as modified within ten (10) days prior to the bid opening date as required under the Davis-Bacon Act. Notwithstanding the conditions hereinabove, the California Labor Code Division 2, Part 7, Chapter 1, Articles 1 & 2, stipulates that not less than the general prevailing rate of per diem wages for each craft or type ofworkman or mechanic needed to execute the contract in the locality in which the work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as determined by the Director of Industrial Relations of the State of California shall be paid to all workmen employed. Where a discrepancy exists between the federal and state prevailing wage rates, the policy of the California Department of Labor is to require that the higher of the two prevailing wage rates shall apply, Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. They can also be found at www.dir.ca.gov/ under the "Statistics and Research" Tab. The Contracting Agency also . shall cause a copy of such determinations to be posted at the job site. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of CALLE VEJAR STREET IMPROVEMENTS FROM APPROXIMATELY 150' WEST OF AVENIDA LEON TO AVENIDA CASTRO AND AVENIDA LEON STREET IMPROVEMENTS FROM ARROW ROUTE TO CALLE VEJAR." Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning P-90 RESOLUTION NO. Page 3 the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eightjourneymen. The Contractor is required to make contributions to funds established far the administration of apprenticeship programs if he employs registered apprentices orjourneymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator ofApprenticeship, San Francisco, California, or from the Division ofApprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. P-97 RESOLUTION NO. Page 4 The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shalt possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under ftiis contract; including, but not limited to, a Class "A" License (General Engineering Contractor) or Specialty Class "C-12" License (Earthwork and Paving Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. . , The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, togetherwith the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. . Copies of the plans and specifications, available at the office of the City Engineer, Plaza Level Engineering Counter, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS); said $35.00 (THIRTY-FIVE DOLLARS) is non- refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied.by payment stipulated above, together with an additional non- reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The request for plans and specifications should include the title of the requested project and bidder's business card, including valid mailing address, phone and fax number, and a-mail address. Please note that plans and specifications will not be processed, given out or mailed until payment is received, which shall include the cost of the plans and specifications and the stated P-92 RESOLUTION NO. Page 5 mailing fee or bidder's FedEx account number, if applicable, until the information above is received ChecksJrequest shall be addressed as follows: City of Rancho Cucamonga Attention: Engineering Plaza Level 10500 Civic Center Drive Rancho Cucamonga, CA 91730 No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for "CALLE VEJAR STREET IMPROVEMENTS FROMAPPROXIMATELY 150' WEST OFAVENIDA LEON TOAVENIDA CASTROAND AVENIDA LEON STREET IMPROVEMENTS FROM ARROW ROUTE TO CALLE VEJAR" may be directed to: CURT BILLINGS, ASSOCIATE ENGINEER & PROJECT MANAGER 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4069 By order of the Council of the City of Rancho Cucamonga, California. Dated this 17'" day of February, 2010. Publish Dates: February 23, 2010 and March 2, 2010 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 17"' day of February, 2010. Donald J. Kurth, M.D., Mayor P-93 RESOLUTION NO. Page 6 ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the 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 17w day of February, 2010. Executed this 17'" day of February, 2010, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk ADVERTISE ON: February 23, 2010 and March 2, 2010 STAFF REPORT >=' .'_~ ~' Ei~GINEIRI.NG SERVICES DFP:iR'Ch(F_N'C /~ RANCHO Date: February 17, 2010 ~ CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Curt Billings, Associate Engineer Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF HAVEN AVENUE PAVEMENT REHABILITATION FROM 4TH STREET TO FOOTHILL BOULEVARD TO BE FUNDED FROM MEASURE I FUNDS, ACCOUNT NO. 11763035650/1681176-0, PROPOSITION 42 FUNDS, ACCOUNT NO. 1 1 903035650/1 68 1 1 90-0, AND 2004 TAX ALLOCATION BOND FUNDS, ACCOUNT NO. 26603035650/1681660-0 RECOMMENDATION It is recommended that the City Council approve plans and specifications for the construction of Haven Avenue Pavement Rehabilitation from 4 Street to Foothill Boulevard, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS Haven Avenue Pavement Rehabilitation consists of, but not limited to, removing and replacing existing pavement, curb and gutter and sidewalk, cold planing, routing, crack sealing and dust blotter, installing asphalt concrete pavement, asphalt rubber overlay, striping, legends, pavement markers, and loops. The project is to be funded from Measure I Funds, Account No. 1 1 7630 35650/1 681 1 76-0, Proposition 42 Funds, Account No. 11903035650/1681190-0, and 2004 Tax Allocation Bond Funds, Account No. 26603035650/1681660-0. Staff has determined that the project is categorically exempt per Article 19, Section 15301 (c) of the CEQA guidelines. The Engineer's estimate for Haven Avenue Pavement Rehabilitation is $1,415,945. Legal advertising is scheduled for February 23 and March 2, 2010, with a bid opening at 2:00 p.m. on Tuesday, March 9, 2010. Respe I submitted, ~~ Mark A. Steuer Director of Engineering Services/City Engineer P-94 MAS/CB:Is Attachment VICINITY MAP U HILL51 E D ~ ~ ILSO AVE N W w ~ BAN N ST a \ a EMO O ~ VE U L~ ~ ~ _ ~' ^ ~ 19TH ~ 30 ~ J ~ Y Z Sri • ~ ~ B LINE D CITY" OF RANCHO CUCAMONGA ~;- ~, HAVEN AVENUE PAVEMENT REHABILITATION N ~; FROM 4TH STREET TO FOOTHILL BOULEVARD x.T.s. P-96 RESOLUTION NO. /Q-(~2S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE HAVEN AVENUE PAVEMENT REHABILITATION FROM 4'" STREET TO FOOTHILL BOULEVARD, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared specifications forthe construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "HAVEN AVENUE PAVEMENT REHABILITATION FROM 47H STREET TO FOOTHILL BOULEVARD": BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, March 9, 2010, sealed bids or proposals for the "HAVEN AVENUE PAVEMENT REHABILITATION FROM 4T" STREET TO FOOTHILL BOULEVARD" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "HAVEN AVENUE PAVEMENT REHABILITATION FROM 4T" STREET TO FOOTHILL BOULEVARD": PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. They can also be found at www.dir.ca.gov/ under the "Statistics and Research" Tab. The Contracting Agency also shall cause a copy of such determinations to be posted P-97 RESOLUTION NO. February 17, 2010 Page 2 determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage bythe joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal days work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed P-98 RESOLUTION NO. February 17; 2010 Page 3 governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidders bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, inform and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) or "C-12" License (Earthwork and Paving Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, P-99 RESOLUTION NO. February 17, 2010 Page 4 Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, Plaza Level Engineering Counter, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS); said $35.00 (THIRTY-FIVE DOLLARS) is non- refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non- reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The request for plans and specifications should include the title of the requested project and bidder's business card, including valid mailing address, phone and fax number, and a-mail address. Please note that plans and specifications will not be processed, given out or mailed until payment is received, which shall include the cost of the plans and specifications and the stated mailing fee or bidder's FedEx account number, if applicable, until the information above is received. Checks/request shall be addressed as follows: City of Rancho Cucamonga Attention: Engineering Plaza Level 10500 Civic Center Drive Rancho Cucamonga, CA 91730 No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for "HAVEN AVENUE PAVEMENT REHABILITATION FROM 4T" STREET TO FOOTHILL BOULEVARD" may be directed to: CURT BILLINGS, ASSOCIATE ENGINEER & PROJECT MANAGER 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4069 By order of the Council of the City of Rancho Cucamonga, California. Dated this 17th day of February, 2010 Publish Dates: February 23 and March 2, 2010 P-100 RESOLUTION NO. February 17, 2010 Page 5 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 17th day of February, 2010. Donald J. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the 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 17"' day of February, 2010. Executed this 17th day of February, 2010, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk ADVERTISE ON: February 23 and March 2, 2010 P-101 STAFF REPORT ;-= ~,:; ~.. t~NGINri1121NG S1RVICES DEY:\R'rhIFiVT ~' RANCHO Date: February 17, 2010 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer~y~Q Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF HILLSIDE ROAD PAVEMENT REHABILITATION FROM BERYL STREET TO ARCHIBALD AVENUE; BERYL STREET PAVEMENT REHABILITATION FROM SUNFLOWER STREET TO NORTH CITY LIMIT; AND WILSON AVENUE PAVEMENT REHABILITATION FROM CARNELIAN STREET TO 1400 FEET EAST, TO BE FUNDED FROM MEASURE I AND PROPOSITION 1 B FUNDS RECOMMENDATION It is recommended that the City Council approve. plans and specifications for the construction of Hillside Road Pavement Rehabilitation from Beryl Street to Archibald Avenue; Beryl Street Pavement Rehabilitation from Sunflower Street to North City Limit; and, Wilson Avenue Pavement Rehabilitation from Carnelian Street to 1400 feet east and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS Hillside Road, Beryl Street and Wilson Avenue Pavement Rehabilitation scope of work to be performed in general consists of, but not limited to, cold planing, routing of cracks and crack seal, removal and replacement of damaged pavement, asphalt rubberized hot mix overlay, adjust utilities to grade, re-striping and pavement markings. The project is to be funded from Measure I and Proposition 16. Staff has deterrnined that the project is categorically exempt per Article 19, Section 15301(c) of the CEQA guidelines. The Engineer's estimate for Hillside Road, Beryl Street and Wilson Avenue Pavement Rehabilitation is $700,000. Legal advertising is scheduled for February 23, 2010 and March 2, 2010, with bid opening at 2:00 p.m. on Tuesday, March 9, 2010, unless extended by addendum. Respectfully submitted, ~.. ~r+ arc euer Director of Engineering Services/City Engineer MAS/RMD:Is Attachment ~ ~'~ ,.,,.oo I~~~ I ~~~~ l~t;~~~tl~h;tl ..1,4. ~\ l 1 1 1 1 IIIII~1111111111~1111U~~ 11 111~~111Ih.. Ill 11 llllllilli \ '~ly~^~^~nlllllu~^ \ l 111111 tlll11111 d l11 1111 m ' G ~ u nll liii \ ~ ~ ~~ >~ a '-'---~ ~1 _ _ < . _. k' `~. ~ li , ~ ~~ ~ ~ LL • 5 -•..~ ~: ///~~~ day ~/~/ / '!MO %33x7 AV0 35V a3153N~Otl e Hle6 ~"S1aYl0 ,w`S fl w m o m & I ~ i w '3/.V MftY m '3AV On v l l ~~ ~ ~ d ~ ~ ~ ~ 5 ~ ~ , j ~ ~ ~ m o § U ~~Y aJ11Ya x ~,l Y lfSAYN ~ w ~ A '~ b a3LID7 O ~ 31V 'S011a3N '3n va m i o ~ o a l (~ ^~I 'y,Y mrel av ~^r ~' '( rnn ~1 G 31Y m S ~ V m133va 'a+Y wm , F ~ ~r• c F ~ A3N j ~ 4P Q 5 0 Y m ~ av7 31Y NR31Ap9 '' 1 a3d5Vf q S ~~ ~ a s ': ,/'gyp 3~V S , ~ s '.,..~,/ r '~Y `,/`~ woa _/ 3l IYJ Z z C7 O U U W t..~ O V 1~-i O ~~~ H~~~ ~VE ~~ ~y F ~+y~'~ W ^~~~o Y~'~1 ' w °~ ~ w ~ Pli ~~~~ ~~o P-103 RESOLUTION NO. ~0-~26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HILLSIDE ROAD PAVEMENT REHABILITATION FROM BERYL STREET TO ARCHIBALD AVENUE; THE BERYL STREET PAVEMENT REHABILITATION FROM SUNFLOWER STREET TO NORTN CITY LIMIT; AND THE WILSON AVENUE PAVEMENT REHABILITATION FROM CARNELIAN STREET TO 1400 FEET EAST" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED thatthe plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifcations for "HILLSIDE ROAD PAVEMENT REHABILITATION FROM BERYL STREET TO ARCHIBALD AVENUE; THE BERYL STREET PAVEMENT REHABILITATION FROM SUNFLOWER STREET TO NORTH CITY LIMIT; AND THE WILSON AVENUE PAVEMENT REHABILITATION FROM CARNELIAN STREET TO 1400 FEET EAST". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required bylaw for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, Califomia, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, March 9, 2010, sealed bids or proposals for the "HILLSIDE ROAD PAVEMENT REHABILITATION FROM BERYL STREET TO ARCHIBALD AVENUE; THE BERYL STREET PAVEMENT REHABILITATION FROM SUNFLOW ER STREET TO NORTH CITY LIMIT; AND THE WILSON AVENUE PAVEMENT REHABILITATION FROM CARNELIAN STREET TO 1400 FEET EAST" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of HILLSIDE ROAD PAVEMENT REHABILITATION FROM BERYL STREET TO ARCHIBALD AVENUE; THE BERYL STREET PAVEMENT REHABILITATION FROM SUNFLOW ER STREET TO NORTH CITY LIMIT; AND THE P-104 RESOLUTION NO. February 17, 2010 Page 2 WILSON AVENUE PAVEMENT REHABILITATION FROM CARNELIAN STREET TO 1400 FEET EAST." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. They can also be found at www.dir.ca.yov/ under the "Statistics and Research" lab. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, ar mechanic employed foreach calendardayorportiontheveof, if such laborer, workman ormechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than orie apprentice to eightjourneymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices orjourneymen in any apprenticable P-105 RESOLUTION NO. February 17, 2010 Page 3 trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements maybe obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8} hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00} for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the Ciry of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. P-106 RESOLUTION NO. February 17, 2010 Page 4 Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "A" License (General Engineering Contractor) or Class "C-12" License in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, Plaza Level Engineering Counter, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS); said $35.00 (THIRTY-FIVE DOLLARS) is non- refundable. Upon written request by the bidder, copies of the plans and spec cations will be mailed when said request is accompanied by payment stipulated above, together with an additional non- reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The request for plans and specifications should include the title of the requested project and bidder's business card, including valid mailing address, phone and fax number, and a-mail address. Please note that plans and specifications will not be processed, given out or mailed until payment is received, which shall include the cost of the plans and specifications and the stated mailing fee or bidder's Fed Ex account number, if applicable, until the information above is received. Checks/request shall be addressed as follows: City of Rancho Cucamonga Attention: Engineering Plaza Level 10500 Civic Center Drive Rancho Cucamonga, CA 91730 No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, asset forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). P-7 07 RESOLUTION NO. Page 5 The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for "HILLSIDE ROAD PAVEMENT REHABILITATION FROM BERYL STREET TO ARCHIBALD AVENUE; THE BERYL STREET PAVEMENT REHABILITATION FROM SUNFLOWER STREET TO NORTH CITY LIMIT; AND THE WILSON AVENUE PAVEMENT REHABILITATION FROM CARNELIAN STREET TO 1400 FEET EAST" may be directed to: ROMEO M. DAVID, ASSOCIATE ENGINEER & PROJECT MANAGER 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4070 By order of the Council of the City of Rancho Cucamonga, Califomia. Dated this 17'" day of February, 2010 Publish Dates: February 23, 2010 and March 2, 2010 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 17t" day of February, 2010. Donald J. Kurth, M.D., Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, Califomia, at a regular meeting of said Ciry Council held on the 17"' day of February, 2010. Executed this 17~' day of February, 2010, at Rancho Cucamonga, California Janice C. Reynolds, City Clerk ADVERTISE ON: February 23, 2010 and March 2, 2010 P-108 STAFF REPORT 'r h `` J'"~y'`~-~~ ~~~~ C.OMM[JNI"CY $ERVIC7.S DEPAR"CMFN'I' , t ~ ~ Date: February 17, 2010 RANCHO C,UCAb10NGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Kevin McArdle, Community Services Director By: Paula Pachon, Management Analyst III Subject: APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT RECOMMENDATION In accordance with the City Council's request to become more informed of recreation programs, projects and events, this report is provided to highlight pertinent issues, projects and programs occurring in the Community Services Department. This report is provided to the City Council for informational purposes only. Seniors: • The following table highlights some senior activities that took place during January 2010 as well as the total number of registrations for the year for Wellness Pass and Senior Transportation. Activity Date Number of Partici ants Pool Tournament Janua 8, 2010 16 Senior Dance Januar 9, 2010 82 Senior Birthda /Talent Showcase Janua 28, 2010 250 Wellness Pass - A es 60+ Total Re istered Janua 2010 - 512 Wellness Pass - A es 50-59 Total Re istered Janua 2010 - 179 Silver Fox Ex ress Total Re istered Janua 2010 - 15 • Upcoming Senior Activities are summarized below: Activit Date Time Pool Tournament Februar 5, 2010 1:00 .m. Valentine Da Part Februa 11, 2010 9:30 a.m. Senior Dance Februa 13, 2010 7:00 .m. Senior Birthda Februa 24, 2010 11:00 a.m. It is anticipated that the Senior Advisory Committee will hold its next regular meeting on Monday, February 22, 2010 at 9:00 a.m. at the James L. Brulte Senior Center. P-109 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PAGE 2 FEBRUARY 17, 2010 • Participation in the Senior Nutrition Program for the month of January 2010 is summarized in the table below: Week Date Partici ants 1 1/4 throw h 1/8/2010 1,103 2 1/11 throw h 1/15!2010 1,069 3 1/19 throw h 1/22/2010 818 4 1l25throu h 1/29/2010 1,100 Total meals served for the month of January 2010: 4,090 Senior Services: • The table below outline senior services offered during the month of January 2010: Pro ram Number of Partici ants Blood Pressure Screenin 36 Resource Libra 149 Bereavement Su ort 3 Elder Law Private Counselin 16 HICAP 3 Dr. Cohen - "The Doctor is In" 10 Peo le with Arthritis Can Exercise 336 Sit and Be Fit 328 Special Needs Programs: • The table below highlights some special needs activities that took place during January 2010. Activit Start Date Number of Partici ants Friday Night Fun Club - "Januar Jubilee" January 8, 2010 32 Ballet - S ecial Needs Janua 14, 2010 1 Star Performers -Intermediate Janua 6, 2010 13 Martial Arts -Intermediate Janua 11, 2010 2 _ Ta - S ecial Needs Janua 14, 2010 4 Movement and Tumbling -Special Needs January 14, 2010 3 Jazz and Hip Hop -Special Needs January 11, 2010 7 • Upcoming Special Needs activities are summarized below: Activit Date Time Friday Night Fun Club - "Sweetheart Dance" February 12, 2010 5:30 pm - 7:30 pm P-110 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT PncE 3 FEBRUARY 17, 2010 Tech Junction: • The tables below summarizes participation in Tech Junction activities for the month of January 2010: Senior Computer Classes Date Number of Partici ants Intro to Windows and PCs Janua 4, 6, 11, 13 12 Intro to Microsoft Excel Janua 5, 7, 12, 14 10 Intro to Surfin the Internet Janua 18, 20, 25, 27 20 Intro to Windows and PCs Januar 19, 21, 26, 28, 17 Public Computer Classes Start Date Number of Partici ants eBa Janua 9, 2010 4 Intro to Com uters Januar 12, 2010 9 Intro to Word Adult Janua 12, 2010 3 Intro to Word (Youth) January 12, 2010 6 Tech Junction Date Number of Partici ants Dro In-Use Janua 763 Senior Classes Janua 262 Public Classes Janua 30 Total uses/users Janua 1055 o UDCOmInp Computer Class activities are summarized below: Senior Com uter Classes Dates Intro to PowerPoint Februar 1, 3, 8, 10 Intro to Microsoft Word Februa 5, 12, 19, 26 Intro to Surfing the Internet February 16, 18, 23, 25 Intro to Typing February 15, 17, 22, 24 Word Workshop February 2, 4, 9, 11 Public Computer Classes Start Date EBay February 13, 2010 Intro to Computers February 23, 2010 Intro to Typing Level 2 February 23, 2010 Intro to Internet February 23, 2010 Microsoft PowerPoint February 23, 2010 Trips and Tours: The table below summarizes trips that took place during January 2010: Trip Date Number of Partici ants Tournament of Roses Parade January 1, 2010 30 P-111 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT Pn<;e 4 FEBRUARY 17.2010 • Uocoming Trios and Tours are summarized below: Tri Date Wheel of Fortune -Sony Studio Tour February 4, 2010 Palm Springs Follies February 9, 2010 Aquarius Casino -Laughlin February 21-23, 2010 Human Services -Commodities: • The table below summarizes food distribution that took place during January 2010: Date Number of Number of Families Individuals Served Served Janua Commodit Distribution -Janua 5 432 738 Facilities: The table below illustrates the number of rentals/bookings and attendance figures for our community facilities during the month gf January 2009: Facility Rentals # Rentals !Bookings Rental Building Attendance Attendance James L. Brulte Senior Center 59 / 178 5,215 20,976 Goldy S. Lewis Community 90 / 179 9,480 14,846 Center Youth: • The table below summaries Youth Program Attendance for the month of January 2010. Program Classes/Sites Registrants /Attendance Pla school 45 / 4 695 / 5,290 Lewis Partnership Kids Club @ Del Mar, & Terra Vista A artments 2 573 - Playschool: Playschool returned from winter break on January 14, 2010. Teens: • The table below summarizes Teen Prooram Attendance for the month of January. Pro ram/Activit Attendance /Partici ation Teen Center 636 Partici ants Ice Skatin Tri 21 Partici ants TRAC Meetin 18 Partici ants / 3 S ectators TRAC -Bab sittin 41 Partici ants / 18 volunteers TRAC -Ronald McDonald House Dinner 5 Partici ants Bab sitter's Worksho 15 Partici ants Skate Park 966 Partici ants / 463 S ectators P-112 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT Pn<',r 5 FEBRUARY 17, 2010 Recreation Contract Classes: • Winter 2010 classes started on January 9`" and will continue through March 22n0. Number of Classes offered Sites Registrants 261 12 1,805 Facilities: • The table below illustrates the number of rentals/bookings and attendance figures for our community facilities during the month of January. Facility Rentals # RentalslBookings Rental Attendance Building Attendance Lions Center East 29 / 81 476 3,410 Lions Center West 34l 110 2,546 3,178 Human Services'! RC Family Resource Center: e The table below summarizes Center Programs/Workshops Attendance for the month of January 2010. Pro ramlWorksho Attendance /Partici ation ACI Ministries -Parent Su ort Grou S apish 120 A enc Collaboration Meetin 29 AI -Anon / Ala -Teen 84 Alcohol Anon mous 88 Children Crisis Res onse Team 12 Communi Care Hos ice 24 De artment of Children Services 60 De ressive Bi olar Su rt 24 Facilities Maintenance Trainin 48 Famil Fun Ni ht 46 House of Ruth Domestic Violence Class 48 Information Services Meetin 12 Leadin Ladies -Rainbow Readin Club 24 Le ai Aid Societ -Free referrals 10 Math Tutorin 32 Parentin Classes Para Los Ninos 6 Pomona Valle Learnin Disabilities Association 25 Reach Out West End Health Teens 9 Safe Kids Car Seat Checks 2 VNA &Hos ice Trainin 63 Women on the Move 10 Youth Accountabili Board 47 TOTAL 823 P-113 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT Pnc;E 6 FEBRUARY 17. 2010 • The table below summarizes the number of Clients Served by Each Agency Housed at the Family Resource Center during the month of January. A encies Housed at the Resource Center Number of Clients Served Touch Ministries 140 Beaut for Ashes 55 House of Ruth 10 Ea le's Wins 14 Li ht House Learnin Center 11 Leadin Ladies 10 Para Los Ninos 35 TOTAL 275 Facilities: • The table below illustrates the number of rentals and attendance fieures at the RC Family Resource Center during the month of January. Number of Rentals Rental Attendance Building Attendance 2 ~ 194 ~ 1,351 Volunteers: • The table below summarizes the Community Services Department's volunteer usage for the month of December 2009. Division December 2008 # of # of Vols. Hours $ Value* December 2009 # of # of Vols. Hours $ Value* Administration 5 15 $330 5 15 $330 Senior Services 163 1,581 $34,735 145 1,639 $36,009 Human Services 28 163 $3,581 28 139 $3,054 S orts 92 408 $8,964 82 367 $8,063 S ecial Events 13 71 $1,560 - - $0 Performin Arts 69 480 $10,546 91 796 $17,488 Teens 11 250 $5,493 17 262 $5,756 Youth Pro rams 38 247 $5,427 61 697 $16,313 Totals 419 3,215 $70,634 429 3,915 $86,013 'Based on $21.97/hour-State average as determined the Cali/ornfa Independent Sector. Youth Sports: • The table below summarizes Youth Sports Activities for the January 2010 reporting period: Activit # Partici ants A e/Gender # Teams Northtown Teen Volunteer Club 14 6 - 12 grade / N/A NTVC Meetin bo s & iris Northtown Healthy RC Cooking - 12 9 -17 year olds / N/A C.A.S.A iris & bo s P-114 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT Pnce 7 FEBRUARY 17, 2010 Activit #Partici ants A elGender # Teams Northtown Healthy RC Cooking - 15 18 years and older N/A C.A.S.A /Adults Pee Wee Fall Basketball 243 3-5 year olds / 24 bo s & irls Cucamonga Middle School Judo 45 7-12 year olds ( NA irls 8 bo s Youth Basketball 693 6-15 year olds / 80 bo sand iris RC Family Sports Center: The table below provides drop-in/open plat/ and rental participation at the Center for the reporting period: Activit #Partici ants Adult Basketball 659 Youth Basketball 751 Adult Rac uetball 305 Youth Rac uetball 37 Adult Volle ball 17 Youth Volle ball 11 Adult Wafle ball 9 Youth Walle ball 52 Jazzercise 1,015 Rentals 250 Youth Judo 72 Team Basketball Practice 840 Adult Sports: • The table below summarizes adult sport activities for the reporting period: Activi #Partici ants # Team Gender Softball 1,320 110 Mates & Females Adult Basketball 326 34 Males Rac uetball 4 N/A Males & Females Soccer 160 16 Males & Females Tennis 12 N/A Males & Females Fla Football 40 4 Males There was one Adult Softball Tournament during the month of January 2010 at the Epicenter. Cultural and Performing Arts: • The table below and on the following page summarizes Theatre Arts Academy classes during the reporting period: Activi Partici antslAttendance Teen Actors Bootcam 7 Sin in for a Lifetime 15 P-115 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT Pnce 8 FEBRUARY 17, 2010 Activit Partici ants/Attendance Youth Theater Worksho 68 Show Sto ers 76 Video Production 4 RC Adult Choir 20 Adult Im rov Worksho 6 Broadwa Babies 22 TOTAL 218 • Community Theatre rehearsals/auditions included the following during the reporting period. Activit Partici antslAttendance RENT 35 • Other rehearsals/programs included the following during the reporting period. Activity Participants/Attendance Cinderella 98 Diary of Adam & Eve 12 Rental Activities: • The tables below and on the following page summarizes rental activities in Celebration Hall and Imagination Courtyard at the Cultural Center for the reporting period of January 2010: Celebration Hall Rental Events Date Event Attendance Saturday - 1!9!10 Navarette Wedding 85 Wednesday - 1/13/10 Real Estate Event 250 Saturday - 1 /16/10 Company Holiday Party 150 Saturda - 1/23/10 National MS Societ 20 Wednesda - 1/27/10 After Funeral Gatherin 80 TOTAL 585 Library and Other City Government Departments Celebration Hall Events Date Event Attendance Tuesday - 1/19/2010 Victoria Gardens Cultural Center Project Team 25 Thursda - 1/21/2010 Cit Council Worksho 26 Wednesda -1/27/2010 Chinese New Year 22 Thursda - 1/28/2010 Teen Event 3 TOTAL 76 P-116 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT Pnce 9 FEeRUARV 17, 2010 Volunteer Events Date Event Attendance Wednesda - 1/6/10 Volunteer Orientation 5 Tuesda - 1/26110 Volunteer Orientation 31 Wednesda - 1/28/10 Preview of Cinderella 12 Lewis Family Playhouse: • During the reporting period, the Lewis Family Playhouse was host to a wide variety of productions, community programs and private rentals. The table below summarizes this information for the reporting period of January 2010: Lewis Famil Pla house Professional) Presented Productions SHOW DATE Tickets Sold NUMBER OF EVENTS Peter &fhe Wolf 1/13/10 231 1 The Jun le Book 1/16/10 1,077 2 Lewis Famil Pla house NA Productions SHOW DATE Approx. Attendance NUMBER OF EVENTS Cinderella 1/29, 1/30/10 2,177 4 Lewis Famil Pla house Rental Events SHOW _ DATE Approx. Attendance NUMBER OF EVENTS Martin Lufher Kin Jr. Tribute 1/8 Rehearsal , 1/9/10 337 1 Lewis Famil Pla house Libra .and Other Cit Events SHOW DATE Approx. Attendance NUMBER OF EVENTS Inland Libra S stems Showcase 1/12/10 120 1 The table afwve rellects number of tickets sold for various per/ormances during fhe reponing period. It does not reflect actual patrons in attendance. Public Lobby: The Lobby to the Victoria Gardens Cultural Center is open to the public six days a week. During the reporting period, local residents visited the public areas. Public Lobby Total during January 2010: 729 Parks: • The table on the following page provides usage information for park picnic shelters and special use facilities for the month of January 2010: P-117 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT Pncr 10 FEBRUARY 17,2010 Park/Shelter Attendance Number of Rentals Red Hill Community Park 589 13 Heritage Community Park 412 10 Milliken Park 79 3 Hermosa Park 72 2 Day Creek Park 106 3 ictoria Arbors Paris 120 2 OTAL 1,378 33 Equestrian Center Participants:? 4 -- _ _- 'Equestrtan participants include drop-in use. • Park monitors keep daily reports of activities in our parks, often helping out residents in need of assistance. Equestrian Center: Staff continues to meet quarterly with users of the Eouestrian Center (Alta Loma Riding Club, Rancho Rebels 4-H, Rising Stars of Equestrian Therapy and Rancho Cucamonga Citizen Mounted Pafrol) to address maintenance needs and programming. Epicenter: The Rancho Cucamonga Fire Protection District in conjunction with the County Department of Public Health held an H1 N1 Flu Shot Clinic for community members at the Epicenter on Saturday, January 30, 2010. Community Services Department staff assisted with the event. Nearly 800 vaccines were administered. Park and Recreation Commission: The Park and Recreation Commission January meeting took place on January 21, 2010 in conjunction with a community meeting seeking public in-put for a park development grant application. This meeting was held at Los Amigos Elementary School starting at 6:00 p.m. Rancho Cucamonga Community Foundation: • The Rancho Cucamonga Community Foundation met on January 13, 2010. Three new Board Members were sworn in at this meeting. The following items were agenized for this meeting: - Consideration of a consultant contract for the Foundation's 2010 Golf Tournament. - Discussion regarding use of unutilized funds formerly designated as Program Sponsorship for the Ben Vereen performance at the Lewis Family Playhouse. - Consideration of Foundation financial support of the 2010!2011 season at the Playhouse. - Preliminary discussion regarding name and branding of the Foundation. - Status report on Foundation supported programs. - Consideration of appointments to various Foundation committees. P-118 APPROVAL OF THE COMMUNITY SERVICES UPDATE REPORT Pnce tl FEBRUARY 17, 2010 Review of the Community Foundation Action Plan. Review of January through June 2010 Foundation meeting schedule. The next regular Board Meeting of the Foundation is scheduled far Wednesday, April 14, 2010. Community Services Director I:ICOMMSERNCouncilBBoardslCityCouncillStaNReports120101CSDUpdate.2.17.10. doc P-119 STAFF REPORT ~~ ~~-~ ~' RANCHO Date: February 17, 2010 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Robert Karatsu, Library Director Subject: APPROVAL TO ALLOCATE $15,000 AWARDED BY THE CALIFORNIA STATE LIBRARY INTO LIBRARY REVENUE ACCOUNT 1290000-4740/0-3705 AND APPROPRIATE $13,000 INTO EXPENDITURE ACCOUNT 1291601-5200/0-3705 AND APPROPRIATE $2,000 INTO EXPENDITURE ACCOUNT 1291601-5300/0-3705 RECOMMENDATION Staff recommends that the City Council approve and allocate $15,000 received from the State Library for the Family Place Implementation Grant into Library revenue account number 1290000-4740/0-3705 and appropriate into Library expenditure accounts in the following manner: 1291601-5200/0-3705 Operations and Maintenance $13,000 1291601-5300/0-3705 Contract Services $2,000 BACKGROUND/ANALYSIS In August 2009, the Library successfully applied fora "Family Place" training grant from the California State Library. As part of this training grant, Principal Librarian Renee Tobin and Children's Services Library Angelica Trummell attended cone-week training program sponsored by the California State Library. Subsequent to this training, the Library was encouraged to apply fora $15,000 implement grant which was also successful. This money will be used to create a "Family Place" library environment at the Paul A. Biane @ Victoria Gardens, to purchase books and other special materials, and to conduct special programs at both the Biane Library and at the Family Resource Center. P-120 APPROVAL"POALLOC,\TEg15,000,\W'ARDEllI3Y 'If1ECALIFORNIASTA"PELIBR-\I2Y P_~<;e2 INTO LIBR:\RY RL:VLNUE AC:(,:OUN'1' 1291',)000-4710/0-3705:\ND=\PPROPKIrYI'F $13,000 INTO EXPE\iD]TLiRG ACCOUNT 1291601-5200/U-3705 ANll APPROPRiF\TE $2,000IN"fO EXPE\l)iTUR] ~ ACCOUNT 129] 607 -530D/0-3705 Ft'_6RL'ARY 17, 2010 FISCAL IMPACT No net impact on the Library fund or General Fund as the grant has no matching requirements and fully funds the items listed above. Respectfully submitted, Robert Karatsu Library Director P-121 STAFF REPORT ~-~'~~~ ;~ . Pudi.ic W~:~ttr;s Sr.:k~~u:r~ti I)F_v:~k'i:~iE:~'r .~-- RANCfto Date: February 17, 2010 cUCAbtONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William Wittkopf, Public Works Services Director By: Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent Dawn Haddon, CPPO, C.P.M., Purchasing Manager Subject: AUTHORIZATION TO AWARD THE PURCHASE OF VARIOUS MIXES OF ASPHALT MATERIALS FROM HOLLIDAY ROCK OF UPLAND, CALIFORNIA AS PER REQUEST FOR BID ("RFB") #09H0-006 IN THE AMOUNT NOT TO EXCEED $230,000 ANNUALLY FROM ACCT. NOS. 1001316-5200 (PARK AND STREET MAINTENANCE), 1006303-5200 (CVWD REIMBURSEMENTS), AND 1186316-5200 (FOOTHILL BLVD. MAINTENANCE) WITH THE OPTION TO RENEW IN THE AMOUNT BASED ON THE APPROVED BUDGET FOR ADDITIONAL ONE (1) YEAR PERIODS FOR A TOTAL OF THREE (3) YEARS UPON EVALUATION AND CITY APPROVAL OF ANY PRICE REVISIONS RECOMMENDATION It is recommended that the City Council authorize the purchase of various mixes of asphalt materials from Holliday Rock of Upland, California as per Request for Bid ("RFB") #09/10-006 in the amount not to exceed $230,000 annually from Acct. Nos. 1001316-5200 (Park and Street Maintenance), 1006303-5200 (CVWD Reimbursements), and 1186316-5200 (Foothill Blvd. Maintenance) with the option to renew in the amount based on the approved budget for additional one (1) year periods for a total of three (3) years upon evaluation and City approval of any price revisions. BACKGROUNDIANALYSIS In order to maintain our Roadways, Ramping of Sidewalk Deflections and CVWD trench repairs citywide at their current level of service, staff will need to purchase asphalt materials on a regular basis. The Public Works Services Department provided Specifications to the Purchasing Division for the purchase of various mixes of asphalt materials. Purchasing prepared a formal Request for Bid ("RFB") #09/10-006. There were two (2) notified bidders, three (3) prospective bidders and one (1) viable response received. After analysis of the bid response by the Public Works Services Director, the Streets Storm Drains and Fleet Superintendent and Purchasing Staff, it has been determined to be in the City's best interest to approve an award for the purchase of various mixes of asphalt materials to Holliday of Upland, CA, the lowest, most responsive, responsible bidder that meets the specifications required by the Public Works Services Department. Resp ct lly~bmittedt / . ~„ William Wittkopf Public Works Services Director WW:ER:jau P-122 STAFF REPORT ~= ,~~`~ ~~ Pca~.ic \C~c~x~s Se_x~~icr-s Der.~xr~ir~~•r ~ . RANCHO Date: February 17, 2010 C,UCAMONCA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: William Wittkopf, Public Works Services Director By: Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent Dawn Haddon, CPPO, C.P.M., Purchasing Manager Subject: AUTHORIZATION TO AWARD THE PURCHASE OF CONCRETE MATERIALS FROM HOLLIDAY ROCK OF UPLAND, CALIFORNIA AS PER REQUEST'FOR BID ("RFB") #09!10-007 IN THE AMOUNT NOT TO EXCEED $90,000 ANNUALLY FROM ACCT. NOS. 1001316-5200 (PARK AND STREET MAINTENANCE) AND 1006303- 5200 (CVWD REIMBURSEMENTS) WITH THE OPTION TO RENEW IN THE AMOUNT BASED ON THE APPROVED BUDGET FOR ADDITIONAL ONE (1) YEAR PERIODS FOR A TOTAL OF THREE (3) YEARS UPON EVALUATION AND CITY APPROVAL OF ANY PRICE REVISIONS RECOMMENDATION It is recommended that the City Council authorize the purchase of concrete materials from Holliday Rock of Upland, California as per Request for Bid ("RFB") #09/10-007 in the amount not to exceed $90,000 annually from Acct. Nos. 1001316-5200 (Park and Street Maintenance) and 1006303-5200 (CVWD Reimbursements) with the option to renew in the amount based on the approved budget for additional one (1) year periods for a total of three (3) years upon evaluation and City approval of any price revisions. BACKGROUND/ANALYSIS In order to maintain our concrete infrastructure of sidewalks, cross gutters, curb/gutters, drive approaches and concrete related projects citywide, staff will need to purchase concrete materials on a regular basis. The Public Works Services Department provided Specifications to the Purchasing Division for the purchase of concrete materials. Purchasing prepared a formal Request for Bid ("RFB") #09/10-007. There were twenty (20) notified bidders, six (6) prospective bidders and one (1) viable response received. After analysis of the bid response by the Publjc Works Services Director, the Streets Storm Drains and Fleet Superintendent and Purchasing Staff, it has been determined to be in the City's best interest to approve an award for the purchase of concrete materials to Holliday of Upland, CA, the lowest, most responsive, responsible bidder that meets the specifications required by the Public Works Services Department. Resp c ully ubmitte , William Wittkopf Public Works Services Director W W: ER:ja u STAFF REPORT FNGINF.,ERIVG DEP.{RT\fENT Date: February 17, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer P-123 ~~ `~-~ RANCHO C,UCAMONGA By: Willie Valbuena, Assistant Engineer Subject: APPROVAL OF A REQUEST TO SUMMARILY VACATE A PORTION OF CARNELIAN STREET, LOCATED NORTH OF SAN BERNARDINO ROAD V-217 - APN 207-102-48, 208-091-56 AND 209-091-57 RECOMMENDATION It is recommended that the City Council adopt the attached resolution ordering the summary vacation of a portion of Carnelian Street, located north of San Bernardino Road and directing the City Clerk to present same to the County Recorder for recordation. BACKGROUND/ANALYSIS Mr. Chien Yeh is processing preliminary submittals for SUBTT16510, the construction of 13 condominium units on a parcel of 2.02 acres in the Medium Residential District, located at the west tenninus of San Bernardino Road. The developer has requested the vacation of a portion of Carnelian Street, located between their parcels. Said vacation has to be processed and approved, prior to approval of the Tentative Tract 16510. Once vacated, said excess right-of-way will be part of Lot 1 of SUBTT16510. 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. On January 13, 2010, the Planning Commission determined that the vacation of a portion of Carnelian Street, north of San Bernardino Road, is in conformance with the General Plan and recommended that said vacation occur. Section 8334 of the Street and Highways Code states that local agencies may summarily vacate (by resolution) if an excess right-of-way of a street or highway is no longer required for street and highway purposes. Respectfully submitted, ~~~~ _e~ Mark A. Steuer Director of Engineering Services/City Engineer MAS/WAV;akt P-124 ,-~ City of Rancho Cucamonga Engineering Division ~aOTH/L W E S Item: ~/- ~/ 7 Title: ~/C/N/ T ~' MAP P-125 RESOLUTION NO. lO-QzT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF CARNELIAN STREET, NORTH OF SAN BERNARDINO ROAD WHEREAS, by Chapter 4, Article 1, Section 8334, of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate a portion of Carnelian Street, north of San Bernardino Road; and WHEREAS, on January 17, 2010, the Planning Commission determined that the vacation of a portion of Carnelian Street, located north of San Bernardino Road, is in conformance with the General Plan and recommended that the vacation occur; and WHEREAS, the City Council found by all the evidence submitted that the existing portion of Carnelian Street, north of San Bernardino Road is no longer required for street and highway purposes; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating a portion of Carnelian Street, located north of San Bernardino Road as described in Exhibit "A" and shown on Exhibit "B". SECTION 2: That the subject vacation shall be subject to the reservation and exception, if any, for existing utilities on record. SECTION 3: That from and after the date the Resolution is recorded, said portion of Carnelian Street no longer constitute a public easement. SECTION 4: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bemardino County, California. SECTION 5: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. PASSED, APPROVED, AND ADOPTED this 17~' day of February, 2010 AYES: NOES: ABSENT: ABSTAINED: P-126 EXHIBIT "A" LEGAL DESCRIPTION: A PORTION OF CARNELIAN STREET, IN THE CITY DF RANCHO CUCAMDNGA, COUNTY OF SAN BERNARDIND, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 20, PAGE 45 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FDL LOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE DF SAN BERNARDIND AVENUE AND THE EAST LINE OF CARNELIAN STREET AS SHOWN DN THE RECORDED MAP; THENCE N4.41'22'W ALONG THE EAST LINE OF CARNELIAN STREET, A DISTANCE OF 316.23 FEET, MORE OR LESS, TD THE SOUTH LINE DF SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, AS SHOWN DN SAID TRACT MAP; THENCE S42'IS'24'W, 41,05 FEET, MORE OR LESS, TD THE EAST LINE DF PARCEL 1 DF PARCEL MAP ND, 10238, AS PER MAP RECORDED IN BOOK 134 PAGES 64 AND 65 DF PARCEL MAPS, THENCE SOUTHERLY ALONG THE EAST LINE OF SAID PARCEL 1 DF PARCEL MAP ND. 10238, A DISTANCE OF 271.90 FEET, MORE DR LESS, TD THE NORTH LINE DF SAN BERNARDIND ROAD/ THENCE S68°53'1l'E ALONG THE NORTH LINE DF SAN BERNARDIND ROAD, A DISTANCE DF 38.16 FEET, MORE DR LESS, TD THE POINT OF BEGINNING. ~./~Y~^~` (.i ~ / V2y JACK C. LEE~`1O JACK C. LEE PLS 8407 I -+ DfP. 6 30-2010 NO. 8407 P-127 ~G Q~G~ EXHIBIT "B" tc ~1 ~r o~ ~, `O\ ~Mry ao~ PM8 134, PACES 64 AND 65 - E'LY LINE OF PARCEL 1, PM 10238 . SCALE: 1 "=60' ,~ Z :_ s N N N f rl (7 0 J N 7 m :"' ~, ~Q IAND SG N 2h ~L p w V JACK C. LEE ~~ O W ~ EXP. 6-30-2010 ~ m ElY UNE OF CARNELIAN STREET ~~ N0. 8407 ~ n qlF OF CA~~~`~~ _ r~ ° ~ NLY UNE OF - - / SAN BERNARDINO ROAD N88~~B~w N67'26'88'W C---NB726'SB'W ~i Son Bernardino Rood -~'- -" NUM DELTA LENGTH RADNS TANGENT C1 10710'15' 50.03 286.50' 25.08' SAN BERNARDINO/VINEYARD CAL LAND ENGINEERING, INC. 578 E LAMBERT ROAD G BREA, CA 92821 ~C CITY OF RANCHD CACAMONGA (714)871-1050 FA% (714)871-1090 JACK C. LEE PLS 6407 EI0~91ES: 8-30-2010 STAFF REPORT ~~~, ~~ _ ~! J E.NGitiEE;RING 51:R1'1(ai.S DF_I'.~R"i'\f}a"1' RANCHO Date: February 17, 2010 cUC.AMONGA To: Mayor and Members of the City Council Jack Lam, AICP: City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walter Stickney, Associate Engineer vv Subject: APPROVAL OF THE NAME, "ROUTE 66 TRAILHEAD", FOR THE PROPOSED TRAILHEAD TO BE LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD WEST OF THE FOOTHILL BOULEVARD/BAKER AVENUE INTERSECTION, SOUTH OF THE PACIFIC ELECTRIC TRAIL RECOMMENDATION Staff recommends that the City Council approve the name of the proposed trailhead, to be located on the north side of Foothill Boulevard west of the Foothill Boulevard/Baker Avenue intersection, as "Route 66 Trailhead". BACKGROUND/ANALYSIS In conjunction with the improvement of the Pacific Electric Trail, and the improvement of Foothill Boulevard west of Carnelian Avenue, the City is proposing to construct a trailhead on the north side of Foothill Boulevard just east of the Foothill Boulevard/Baker Avenue intersection. The trailhead will contain various amenities for pedestrian, bicyclists, and equestrian uses such as a parking lot for both single vehicles as well as vehicles pulling equestrian trailers, a restroom, drinking fountain, table and benches to name a few. The trailhead will also provide access between Foothill Boulevard and the Pacific Electric Trail. Toward arriving at a recommended name for this trailhead, staff consulted historical events and people such as the travels of Jedediah Smith through this area, and William "Uncle Billy" Rubottom, who owned and operated a trailside inn on the site of what was later to become the Sycamore Inn. Also considered was the history of transportation through the Red Hill area such as the old Butterfield trail, the Pacific Electric rail system, and Route 66. A number of names for the trailhead were arrived at. The following is a small representative list of names which were considered: • Uncle Billy Rubottom's Rest Stop • Uncle Billy Rubottom's Butterfield Stagecoach Stop • Rubottom's Trailhead Rest Stop • Original Route 66 Stop • Red Hill Rest Stop • The Pacific Electric Rail Way Stop • Butte~eld Trail Rest Stop P-128 P-129 CITY COUNCIL STAFF REPORT Re: Approval of the Name of the Proposed Trailhead February 17, 2010 After much consideration, the recommended name decided upon by the Trails Committee is "Route 66 Trailhead". Staff presented this decision to the Public Works Subcommittee who, after reviewing numerous potential names, agreed with the Trails Committee on its recommended name. As such, staff is presenting these findings to the City Council for its consideration and approval of a name for said proposed trailhead. Respectfully submitted, Mark A. euer ~~~ Director of Engineering Services/City Engineer MASM/CS Attachments: Vicinity Map P-130 Vicinity Map Proposed Trail Head Foothill Blvd. east of Baker Ave. STAFF REPORT ENG W E:F_R[tiG DEPARTMENT Date: February 17, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Joseph Stofa, Associate Engineer ,- r jZAtvcHo CUCAMONGA Subject: CONSIDERATION OF P; RESOLUTION TERMINATING AN AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY FOR REIMBURSEMENT OF COSTS RELATED TO COMMUNITY FACILITIES DISTRICTS 2001-01 AND 2003-01 RECOMMENDATION It is recommended that Rancho Cucamonga City Council approve the attached Resolution terminating the Agreement between the City and Redevelopment Agency for reimbursement of costs related to Community Facilities Districts 2001-01 and 2003-01; authorize the Mayor and the City Clerk to sign said Resolution; and allow any funds collected by the City but not yet remitted to the Agency be used for transportation and drainage improvements. BACKGROUND/ANALYSIS On August 1, 2001, the City Council approved Resolution 01-181 and on February 19, 2003 the City Council approved Resolution 03-037 for the reimbursement of costs related to the Community Facilities Districts 2001-01 and 2003-01, respectively, for the advance and repayment of funds as they were contributed into the accounts. It has been over 6 years since the approvals of these agreements and there are only two remaining non- participating parcels (Pierotti APN 227-161-21 and Aggazzotti APN 229-021-17) that remain undeveloped from the original 17 non-participating parcels. The majority of the parcels that are covered by the Agreements have developed and payments have been made per the Agreements. At this time, there are no development plans for the two remaining parcels. When the two remaining parcels develop, all impact fees will be paid and based on the City's fee rates in effect at time of development. Staff is also requesting that any money that has been received by the City pursuant to the Agreements, and not yet transmitted to the Agency, be made available for transportation and drainage improvements in the City. Respectfully submitted, Mark euer Director of Engineering Services/City Engineer P-131 MAS;JS/akt P-132 RESOLUTION NO. /0-0,2 S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TERMINATING AN AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY FOR REIMBURSEMENT OF COSTS RELATED TO COMMUNITY FACILITIES DISTRICTS 2001-01 AND 2003-01 WHEREAS, City Council Resolution 01-181 was approved on August 1, 2001 approving the agreement for reimbursement of costs between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency related to the Community Facilities District 2001-01; and WHEREAS, City Council Resolution 03-037 was approved on February 19, 2003 approving the agreement for reimbursement of costs between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency related to the Community Facilities District 2003-01; and WHEREAS, all of the requirements established as prerequisite to approval of the Agreements between the City of Rancho Cucamonga and Rancho Cucamonga Redevelopment Agency have been met; and WHEREAS, the two remaining non-participating parcels, APN 227-161-21 and APN 229 -021-17, will pay all impact fees based on the City's fee rate in effect at time of development; and WHEREAS, any money that has been received by the City pursuant to the Agreements, and not yet transmitted to the Agency, be made available for transportation and drainage improvements in the City; and WHEREAS, said Agreements between the City of Rancho Cucamonga and Rancho Cucamonga Redevelopment Agency are no longer required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Agreements be and the same are hereby terminated and the Mayor is hereby authorized to sign said Resolution terminating the Agreements on behalf of the City of Rancho Cucamonga, and the City Clerk to attest. Kurth, M.D., Mayor ATTEST: Jan Reynolds, City Clerk P-133 STAFF REPORT ~~~~. Ca n~ or• IZ:\NCh36 Cuc:+~ron~c:~ .~- RANCHO Date: February 11, 2010 C,UCAMONGA To: Mayor and Council Members Jack Lam, AICP, City Manager From: Linda D. Daniels, Deputy City Manager Subject: AUTHORIZE THE MAYOR TO SIGN LETTERS OF SUPPORT ON BEHALF OF HOPE THROUGH HOUSING FOUNDATION (Hope) AND NATIONAL COMMUNITY RENAISSANCE (NATIONAL CORE) FOR FEDERAL FUNDING FOR FISCAL YEAR 2010-2011. RECOMMENDATION It is recommended that the City Council authorize the Mayor to sign letters of support on behalf of Hope Through Housing Foundation (Hope) and National Community Renaissance (National CORE) for Federal funding for fiscal year 2010-2011. BACKGROUND/ANALYSIS Hope provides services located onsite of affordable housing communities owned and managed by National CORE. These services include after school programs for academic enrichment and tutoring and a senior wellness initiative allowing low income seniors to remain living independently. National CORE is an innovative affordable housing developer with several projects in Rancho Cucamonga. Letters of support for Federal funding for fiscal year 2010-2011 will be sent to the Honorable Barbara Boxer, Honorable Dianne Feinstein, Honorable Joe Baca, Honorable ken Calvert, and Honorable Gary Miller. The attached letters of support will be sent. Respectfully submitted, Linda D. Daniels Deputy City Manager P-134 SAMPLE THE CITY OF RANCHO CUCAMONGA Mayor DONALD ]. KURTH, M. D. Mayor /'ro Trm L. DENNIS IvtICHA£I. Caunrifinembrn RFX (iU'rIERRE7. SAM SPAGNOLO DIANF. WR.I.IAMS Ciry Mortager JACK L1M, A1CP RANCHO CUCAMONGA Febnrary 17, 2010 The Honorable Dianne Feinstein U.S. Senate 331 Hart Senate Office Building Washington, DC 20510 Dear Senator Feinstein: I am honored to offer my support to National Community Renaissance (National CORE) in its request for federal funding for Fiscal Year 2011. National CORE has worked with the City of Rancho Cucamonga to address the need for safe, affordable housing for low income seniors in our community for the last several years. The City of Rancho Cucamonga is proud to have seven National CORE developments in our community, Rancho Verde Village (248 units), Heritage Pointe (49 units), Sunset Heights (117 units), Sycamore Springs (240 units), Monterey Village (224 units), Mountainside (384 units) and Villaggio on Route 66 (166 units). National CORE is an innovative affordable housing developer, which has demonstrated professional results in building and managing high quality affordable housing. Their commitment to long-term management of the properties benefits both the residents and the communities in which they build. With dedication and commitment, National CORE provides social services on-site that can be a catalyst for change in the communities they serve. National CORE provides more than just housing. It gives its residents opportwilties for a better future. The City of Rancho Cucamonga values its partnership with National CORE and their commitment to creating affordable communities into perpetuity. In closing, 1 urge you to positively consider National CORE's funding request for Fiscal Year 2011. Affordable housing can only be accomplished through the joint efforts of local organizations and the commitment of local, state and federal resources. The benefits of service enriched, high quality affordable housing cannot be overstated. Sincerely, DONALD J. KURTH, M.D. Mayor 10500 Civic Cencw Dr. • BO. Box 807 • Rancho Cucamonga, CA 91729-0807 • Te1909-477-2700 • Pax 909-477-2849 • www.cityofrc.us P-135 SAMPLE THE CITY OF RANCHO CUCAMONGA Mayor DUNALD J. KURTH~ M.D. Moyo> l3o Tem L. DF.NNIS MICHAEL Councilmrmberx R}x GUTIERRE! SA.U SEAGNULO I)v.NE WILLIAMS Ciry Managrr JACK LnM, AICP RANCHO CUCAMONGA Februazy 17, 2010 The Honorable Dianne Feinstein U.S. Senate 331 Hart Senate Office Building Washington, DC 20510 Dear Senator Feinstein: I am honored to support Hope Through Housing Foundation (Hope) in its effort to receive federal funding for Fiscal Year 2011. Flope makes an important contribution to our community by providing social services to low-income families and seniors where they live. Flope's distinctive approach of providing valuable services in low-income neighborhoods helps families and seniors get the help they need without the usual barriers of cost and transportation. In the city of Rancho Cucamonga, Hope provides services located onsite of affordable housing communities owned and managed by National Community Renaissance. These services include an After School Programs for Academic Enrichment and Tutoring, which includes a violence prevention curriculum. In addition, Hope has a senior wellness initiative that focuses on services that allow low income seniors to remain living independently with a good quality of life. With the increasing numbers of families and seniors who are experiencing financial hardship during these times; Hope's work has become even more important. At-risk children, their families and seniors wil] need Hope's services more than ever. We strongly believe that their services and programs benefit entire neighborhoods. In closing, 1 urge you to support Hope Through Housing's funding requests for Fiscal Yeaz 2011. We fully endorse Hope Though Housing efforts to reach at-risk children, families and seniors with valuable services and support. Sincerely, DONALD J. KURTH, M.D. Mayor 10500 Civic Cenrer Dr. • P.O. Box 807 • Rancho Cucamonga, CA 9V29-0807 • Tel 9091177-2700 • Eax 909-477-2849 • vnvw.ciryo6aus P-136 MEMORANDUM CITY ATTORNEY'S OFFICE '~'~'~~ RANCHO Date: February 17, 2010 C,UCAMONGA To: Chairman and Members of the Redevelopment Agency Mayor and Members of the City Council Jack Lam, City Manager From: James L. Markman, City Attorney/ h~~~ Subject: Approval of a Resolution Waiving Privilege to Maintain the Confidentiality of Certain Specific Closed Session Materials for the District Attorney's Office RECOMMENDATION It is recommended the Redevelopment Agency/City Council approve the attached Resolution waiving privilege to maintain the confidentiality of certain specific closed session materials for the District Attorney's Office. BACKGROUND/ANALYSIS The District Attorney has asked to review documents related to or supplied by staff to Councilmembers in closed sessions related to real estate (housing) transactions. My view is that the materials are privileged because of the confidentiality which is bestowed on the closed session process, but I know of no specific authority which so holds when a District Attorney seeks information. The District Attorney believes he could obtain an order to access the materials. It is our view that for the limited purpose of cooperating with the District Attorney, the Council and the Agency Board should consider waiving the privilege against disclosure and provide for the District Attorney's access to the materials. The staff pnnot provide the materials without Council and Agency Board approval because these legislative bodies are holders of the closed session privilege. In accordance with the discussion above, staff is presenting a Council and an Agency resolution which provides for the waiver of the privilege under discussion. Attachment (as noted) P-137 RESOLUTION NO. 10-17z~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, WAIVING ITS PRIVILEGE TO MAINTAIN THE CONFIDENTIALITY OF CERTAIN SPECIFIED CLOSED SESSION MATERIALS ONLY IN ORDER TO PROVIDE THOSE MATERIALS TO THE OFFICE OF THE SAN BERNARDINO COUNTY DISTRICT ATTORNEY A. Recitals. (i) The Office of the San Bernardino County District Attorney ("the District Attomey" hereinafter) has requested that d be provided access to the following documents: Any and all documents provided by the staff of the City of Rancho Cucamonga or Rancho Cucamonga Redevelopment Agency to Members of the Rancho Cucamonga City Council, the Board of Directors of the Rancho Cucamonga Redevelopment Agency or the Members of the Rancho Cucamonga City Council Housing Subcommittee for consideration in closed sessions which occurred from January 1, 2005 to the present concerning any real estate transaction considered both by that City Council, the Redevelopment Agency's Board of Directors, and that Housing Subcommittee and any and all documents which reflect the discussions which occurred during those closed sessions ("the documents" hereinafter). (ii) This Council has been advised that the documents are privileged and exempt from disclosure and that such privilege only may be waived by this Council. (iii) It is the desire of this Council to waive the privilege which would preclude disclosure of the documents for the limited, sole and specific purpose of providing the documents to the District Attomey in order to cooperate with the District Attorney and to facilitate the performance of the District Attorney's duties. B. Resolution. NOW, THEREFORE, the Council of the City of Rancho Cucamonga does hereby find and resolve as follows: and correct. Ali of the facts stated in the Recitals, Part A, of this Resolution are true 2. This Council does hereby knowingly and intentionally waive and relinquish its privilege to preclude disclosure of the documents for the limited, specific and sole purpose of providing the documents to the District Attomey in order to cooperate with the District Attomey and to facilitate the performance of the District Attorney's duties. 11231-0001\1204959v1.doc -1- P-138 The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 17th day of February, 2010. AYES: NOES: ABSENT: ABSTAINED: Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 17th day of February, 2010, and was finally adopted at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 17th day of February, 2010. ATTEST: City Clerk of the City of Rancho Cucamonga 11231-0001\1204959v1.doc -2- P-139 STAFF REPORT - _ `~ .~DhfIN]$7R~"r1~'F_ SF;RVICIL$ DEP:~R"r\]EN"r RANCHO Date: February 17, 2010 cUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John R. Gillison, Assistant City Manag~ir~t By: Dawn Haddon, CPPO, C.P.M., Purchasing Manager Subject: AUTHORIZATION TO RENEW AND RENEW THE AGREEMENT FOR PROFESSIONAL SERVICES CONTRACT #08-158 TO AEF SYSTEM CONSULTING, INC. FOR CONSULTING SERVICES IN RELATION TO THE WEB REDESIGN PROJECT AND IMPLEMENTATION OF THE CITY OF RANCHO CUCAMONGA CITIZEN RELATIONSHIP MANAGEMENT SYSTEM ("CRM") IN THE AMOUNT NOT TO EXCEED $64,000.00 AND APPROPRIATION OF $64,000.00 INTO ACCT. NO. 171400-5300 (COMPUTER TECHNOLOGY -PROFESSIONAL SERVICES) TO FUND THE AGREEMENT REVISIONS RECOMMENDATION It is recommended that the City Council authorize the renewal and amendment of the agreement for professional services contract #08-158 to AEF System Consulting, Inc. for consulting services in relation to the web redesign project and implementation of the City of Rancho Cucamonga Citizen Relationship Management System ("CRM") in the amount not to exceed $64,000.00 and appropriation of $64,000.00 into Acct. No. 171400-5300 (Computer Technology -Professional Services). BACKGROUND/ANALYSIS The City Council approved an initial award of contract for the City's website implementation services project with AEF Systems Consulting, Inc. in October of 2008. That contract has expired and requires an extension to continue with the project. AEF Systems Consulting, Inc. is currently providing consulting services for the website redesign project and providing the City with implementation resources and expertise that do not presently exist in-house. The City is beginning the implementation phase of its Citizen Relationship Management System ("CRM") and it would be in the City's best interest to award the consulting services for said project to AEF Systems Consulting, Inc., thereby revising the current agreement's scope of services to include the implementation of the Civics Software and the completion of the Website redesign project. P-140 Addendum No. 001 to Agreement for Professional Services (CO #08-158) for AEF Systems Consulting, Inc. This Addendum No. 001 shall serve as a formal amendment to Agreement for Professional Services ("AgreemenP') (CO #08-158) between AEF Systems Consulting, Inc. (hereinafter "Contractor") and [he City of Rancho Cucamonga (hereinafter "City"). Said Addendum will renew the Agreement for a one (1) year term in accordance with the Term of Agreement clause and shall be considered mutually agreed upon at the full execution of this Addendum. [n addition, the following Scope of Services, Project Fees and Schedule as set forth will be considered a part of said Agreement; SCOPE OF SERVICES Con[mctor shall participate in the implementation of the City's new Citizen Relationship Management System ("CRM"). Participation shall include the following support activities. o Review of the vendor contract to ensure all aspects meet the desired needs of the City • Development of an overall project plan, in concert with Civica • Management of key project activities to enswe both the vendor as well as City staff are performing required activities • Review of all key deliverables • Participation in key design meetings • Participation in Steering Committee meetings throughout the project • Review and resolution of key issues that might arise throughout the project • Testing of the CRM system as necessary • Assist the departments in assessing their CRM needs • Communication with the core management team to review issues and project status • Participation in the rollout to the public of the new CRM system • Review of Civica billings prior to payment PROJECT SCHEDULE The CRM project will begin in March 2010 and shall progress to a pilot department in July 2010 Full implementation or the "Go Live" date for the CRM and all City departments is expected to be achieved by the end of the, calendar year, December 2010. P-141 ' PUBLIC WORKS SERVIC,F..S DEPAR1MP.rirC ' - Date: February 17, 2010 ~ANCHO {~,UCAMONOA Ta: Mayor and Members of the City Council Chairman and Members of the Redevelopment Agency President and Members of the Board of Directors Jack Lam, AICP, City Manager From: William Wittkopf, Public Works Services Director Mike Bell, Fire Chief By: Jeft Bames, Parks and Landscape Maintenance Superintendent Subject: APPROVAL TO EXECUTE CONTRACT RENEWALS (CO 90-145, 89-136, 93-006} WITH MARIPOSA HORTICULTURAL ENTERPRISES, INC., OF IRWINDALE, CALIFORNIA, FOR THE MAINTENANCE OF CITY PARKS AND CITY AND FIRE DISTRICT LANDSCAPE SITES, IN TI-tE AMOUNT NOT TO EXCEED 51,401,000 FOR CITY FACILITIES AND 565,750 FOR FIRE DISTRICT FACILITIES FOR FISCAL YEAR 2009-2010 TO BE FUNDED FROM VARIOUS GENERAL FUND ACCOUNTS, SAN BERNARDINO COUNTY REIMBURSEMENT ACCOUNT, CAPITAL RESERVE ACCOUNT, LANDSCAPE MAINTENANCE DISTRICT ACCOUNTS, CFD 868 ACCOUNT, RDA ADMINISTRATION AND FIRE DISTRICT ACCOUNTS (t is recommended that the City Council, Redevelopment Agency Board and Fire Board of Directors approve the execution of contract renewals (CO 90-145, 89-136, 93-006} with Mariposa Horticultural Enterprises, inc., of frwindale, California, for the maintenance of city park^o and ctty and fire district landscapt3 sites, in the amount not to exceed $1,401,000 for city facilities and $65,750 for fire district facilities for fiscal year 2009- 2010 to be funded from various General Fund accounts, San Bernardino County Reimbursement account, Capital Reserve account, Landscape Maintenance District accounts, CFD 868 account, RDA Administration and Fire District accounts. BACKGROUND/ANALYSIS Mariposa is one of twa landscape contractors used b the Cify to maintain various Landscape sites cityaride. The City Council has previously awarded contrar~s ~CO 90-145, 69-136, 93-046) to Mariposa HorticuRural Enterprises, Inc. These maintenance contracts have been renegotiated for fiscal year 2009-2010; however, no CPt was granted this year due to the current economic downturn. Updated bonds and insurance cert~cates have been submitted as per the City requirements. R pe ul sub ed, dam fttkop ~ f e ell Public Works Services Director Fire Chief WW:JB:sm P-142 STAFF REPORT PUBLIC WORKS SHRVICE$ DEP,ARI3LF:;v'I' Date: February 17, 2010 To: Mayor and Members of the City Council Chairman and Members of the Redevelopment Agency Jack lam, AICP, City Manager/Executive Director From: William Wittkopf, Public Works Services Director By: Jeff Barnes, Parks and Landscape Maintenance Superintendent ~~ ~~~~ o ~ANCHO ~UCAiVtONC;r1 Subject: APPROVAL TO EXECUTE CONTRACT RENEWALS (CO 90-144, 90-143, 02-018) WITH TRUGREEN LANDCARE OF UPLAND, CALIFORNIA, FOR THE MAINTENANCE OF CITY LANDSCAPE SITES, IN THE AMOUNT NOT TO EXCEED $1,674,120 TO BE FUNDED FROM VARIOUS GENERAL FUND ACCOUNTS, LANDSCAPE MAINTENANCE DISTRICT ACCOUNTS, FOOTHILL BOULEVARD MAINTENANCE ACCOUNT, AND RDA ADMINISTRATION ACCOUNT AS APPROVED IN THE FISCAL YEAR 2009-2010 BUDGET RECOMMENDATION It is recommended that the City Council and Board approve the execution of a contract renewal (CO 90-144, 90-143, 02-018) with TruGreen LandCare of Upland, California, for the maintenance of City landscape sites in the amount not to exceed $1,674,120 to be funded from various general fund accounts, landscape maintenance district accounts, Foothill Boulevard maintenance account, and RDA Administration account as approved in the fiscal year 2009-2010 budget. BACKGROUND/ANALYSIS TruGreen LandCare is one of two landscape contractors used by the City to maintain various landscape sites citywide. The City Council has previously awarded contracts (CO 90-144, 90-143, 02-018) to TruGreen LandCare. These maintenance contracts have been renegotiated for fiscal year 2009-2010; however, no CPI was granted this year due to the current economic downturn. Updated bonds and insurance certificates have been submitted as per the City requirements. Resp ctfull submi~ed, 1 William Wittkopf Public Works Services Director WW:JB:sm P-143 Addendum No. 001 to Agreement for Professional Services (CO #08-158) for AEF Systems Consulting, Inc. This Addendum No. 001 shall serve as a formal amendment [o Agreement for Professional Services ("Agreement") (CO #08-158) between AEF Systems Consulting, Inc. (hereinafter "Contractor") and the City of Rancho Cucamonga (hereinafter "City"). Said Addendum will renew the Agreement for a one (1) year term in accordance with the Term of Agreement clause and shall be considered mutually agreed upon at the full execution of this Addendum. In addition, the following Scope of Services, Project Fees and Schedule as set forth will be considered a part of said Agreement; SCOPE OF SERVICES Contractor shall participate in the implementation of the City's new Citizen Relationship Management System ("CRM"). Participation shall include the following support activities. • Review of the vendor contract to ensure all aspects meet the desired needs of the City • Development of an overall project plan, in concert with Civica • Management of key project activities to ensure both the vendor as well as City staff are performing requved activities • Review of all key deliverables • Participation in key design meetings • Participation in Steering Committee meetings throughout the project • Review and resolution of key issues that might arise throughout the project • Testing of the CRM system as necessary • Assist the departments in assessing then CRM needs • Communication with the core management team to review issues and project status • Participation in the rollout [o the public of the new CRM system • Review of Civica billings prior to payment PROJECT SCHEDULE The CRM project will begin in March 2010 and shall progress to a pilot department in July 20]0 Full implementation or the "Go Live" date for the CRM and all City departments is expected to be achieved by the end of the calendar yeaz, December 2010. P-144 Contractor anticipates services will require an average of six (6) to eight (8) hours per week throughout the projects forty-six (46) week term to accomplish a successful implementation of the CRM. Contractor will bill the City on a monthly basis and will include actual hours that were incurred during that time period. Project fees will be not less than $48,000.00 but will not exceed $64,000.00 without City approval, for the entire project term. All other terms and conditions of the original Agreement (CO #08-158) remain in effect. CITY OF RANCHO CUCAMONGA By: Donald Kurth, Mayor Date CONTRACTOR: By; Annette E. Feliciani, President Date Attachment P-145 January 26, 2010 Mr. John Gillison Assistant City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA. 91729 Dear John: This letter is to document AEF's role in providing oversight services to the City of Rancho Cucamonga in the implementation of a new CRM. This proposal briefly describes our approach to meeting this request. Scope The City is beginning to undertake the implementation of a new Customer Relationship Management System (CRM) and has asked AEF to participate in an oversight role over the implementation of the Civica Softwaze. In support of this work, AEF would perform the following activities: • Review of the vendor contract to ensure all aspects meet the desired needs of the City ^ Development of an overall project plan, in concert with Civica • Management of key project activities to ensure both the vendor as well as City staff are performing required activities ^ Review of all key deliverables • Participation in key design meetings • Participation in Steering Committee meetings throughout the project • Review and resolution of key issues that might arise throughout the project • Testing of the CRM system as necessary ^ Assist the departments in assessing their CRM needs ^ Communication with the core management team to review issues and project status • Participation in the rollout to the public of the new CRM system ^ Review of Civica billings prior to payment P-146 Professional Fees and Timing The overall project timing is expected to start in March and the implementation of a pilot department would occur by July. Remaining departments would go live at the end of the calendar year. AEF anticipates involvement in this project will require on average approximately 6-8 hours per week for the 46 week project to accomplish the tasks defined resulting in a professional fee of $48,000 to $64,000. The City will only be billed for the actual hours incurred during the course of the work and will not be billed for any more than $64,000 without express permission from the City. AEF will bill monthly for the hours incurred during that period. No expenses are anticipated during the course of the project. «+.+,.. AEF appreciates the opportunity to provide continued service to the City of Rancho Cucamonga. Please contact me at (714) 974-4377 to discuss any aspect of this proposal. Sincerely, Annette E. Feliciani Cc: Pam Easter Dawn Haddon Keri Hinojos P-147 STAFF REPORT ADMINISTR~ITIVE SERVICES DEP~IRTMENT RANCHO Date: February 17, 2010 C,,UGAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John R. Gillison, Assistant City Manager,~`~ By: Dawn Haddon, CPPO, C.P.M., Purchas4n anager Subject: AUTHORIZATION TO AWARD A CONTRACT TO CIVICA SOFTWARE OF NEWPORT BEACH FOR THE PURCHASE OF SOFTWARE AND PROFESSIONAL SERVICES WITH RESPECT TO THE INSTALLATION, CONFIGURATION, IMPLEMENTATION, TRAINING, DATA MIGRATION, MAINTENANCE AND ONGOING SUPPORT FOR A CITIZEN RELATIONSHIP MANAGEMENT (CRM) SYSTEM IN AN AMOUNT NOT TO EXCEED $90,000.00 AND APPROPRIATION $20,000.00 INTO ACCT. NO. 1714000.5152 (COMPUTER TECHNOLOGY- SOFTWARE) AND $70,000.00 (WHICH INCLUDES A $12,250.00 CONTINGENCY) INTO ACCOUNT NO. 1714000-5300 (COMPUTER TECHNOLOGY-PROFESSIONAL RECOMMENDATION Authorization to award a contract to Civica Software of Newport Beach for the purchase of software and professional services with respect to the installation, configuration, implementation, training, data migraiion, maintenance and ongoing support for a Citizen Relationship Management (CRM) System in an amount not to exceed $90,000.00 and appropriation $20,000.00 into acct. No. 1714000=5152 (computer technology-software) and $70,000.00 (which includes a $12,250.00 contingency) into account no. 1714000-5300 (computer technology-professional services). BACKGROUND/ANALYSIS The City previously identified a requirement to improve customer service by establishing an enterprise-wide system for receiving and tracking citizen issues/concernslcomplaints. This was established as a City Council goal in 2008. The Purchasing Department then prepared and issued a formal Request for Proposal (RFP) #08/09-101. There were twenty-four (24) notified bidders, frfteen (15) prospective bidders and six (6) responses. An analysis of the responses was conducted and ashort-list of three potential vendors was created. After conducting vendor interviews and demonstrations it was determined to proceed with the Best and Final Offer from Civica Software of Newport Beach. Therefore, staff recommends Civica Software be utilized for the installation, configuration, implementation, training, data migration, maintenance and ongoing support for a Citizen Relationship Management (CRM) System. P-148 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this 17th day of February, 2010 by and between the City of Rancho Cucamonga, a municipal corporation (hereinafter referred to as "CITY") and Civica Softwaze, a Citizen Relationship Management System and Softwaze Company (hereinafter referred to.as "CONTRACTOR"). Recitals A. CITY has heretofore issued its Request for Proposal, RFB #08/09-101, Citizen Relationship Management ("CRM") System for professional services with respect to configuration, implementation, training, customer service providing operations maintenance and ongoing support of and for a CRM System, as more fully described herein. A copy of RFB #08/09-101 is attached hereto as Exhibit "A" and is hereby incorporated by reference. B. CONTRACTOR has submitted its entire proposal- to perform the services described in Recital A, above. A copy of that proposal and subsequent Best and Final Offer aze attached hereto as Exhibit "B" and is hereby incorporated by reference. C. CONTRACTOR represents that it is fully qualified to perform such services by virtue of CONTRACTOR'S experience and the training, education and expertise, and that of CONTRACTOR'S principals and employees. CONTRACTOR further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Agreement. D. CONTRACTOR and CITY desire to enter into this Agreement in order to set forth all applicable terms and conditions governing CONTRACTOR'S provision of services. Agreement NOW, THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows: 1. CONTRACTOR'S SERVICES A. Scone of Services CITY hereby engages CONTRACTOR to deliver fully functioning Customer Relationship Management (CRM) softwaze and all other services required by this Agreement" (collectively the "Services") in accordance with the specifications described in Exhibit "A" (the "Scope") and to deliver the software, interfaces, reports and programs specified in the attached Exhibit "D" (collectively, the "Deliverables"). Such Deliverables (i) shall be delivered free of "Material Errors" and shall be delivered in acwrdance with the schedule set forth in Exhibit "D" and (ii) shall be delivered in accordance with the Specifications. For purposes of this Agreement, "Material Errors" shall be defined as those material elements of the Deliverables that are not in compliance with the Specifications or that do not function or execute properly in accordance with the Specifications. Any changes to the scope of work shall be subject to a written "change order," in the form attached hereto as Exhibit "F", signed by both parties that includes an appropriate adjustment to the price and/or delivery dates, or a notation that no such adjustments aze necessary. As a matter of clarity, refining, modifying, correcting and adjusting any Deliverable such that it operates in accordance with the Specifications, or correction of Material Errors, shall be deemed included within the Services 10500 Civic Crnter Dt. ~ Rancho Cucamonga, C~1 91729 ~ Te1909 477-2700 ~ Fax 909 477-2849 ~ www.ci.ranchocucamonga.p.us P-149 RFP# 08/09-101 Citizen Relationship Management System B. Schedule of Performance. CONTRACTOR shall commence the services on an "as-needed" basis, within the times set forth in Exhibit "B." Time is of the essence and CONTRACTOR shall make all efforts to meet the schedule as presented in Exhibit "B" C. Standard of Performance. CONTRACTOR shall perform all work to the highest professional standards and in a manner reasonably satisfactory to CITY. CONTRACTOR shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. D. Personnel. CONTRACTOR shall personally perform andlor supervise performance of the services required under this Agreement and all persons assisting CONTRACTOR shall be qualified to assist in the performance of such services. CONTRACTOR shall designate, and identify in writing to the CITY, a principal who shall have direct responsibility for management of CONTRACTOR'S services under this Agreement. E. Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City of Rancho Cucamonga business license. 2. TERM OF AGREEMENT The term of this Agreement shall be for the two phases of the project whereas; Implementation Phase: Will include the scope of work and/or services as outlined in Exhibit `:A" and additionally herein, which term shall be up to the completion, review and acceptance by the City of said project.. Maintenance and Support Phase: Term shall be in effect at the completion, review, and acceptance by City of said project for a one (1) year term with the option to renew for a one (1) year term for a four (4) year period to include up to a total of five (5) years. Refer to Section 13 herein regarding termination of Agreement. 3. COMPENSATION (a) Payment. In consideration of CONTRACTOR' completion and delivery of the Deliverables to CITY, CITY shall pay to CONTRACTOR the sum of $79,750. Such payment shall be made in accordance with Exhibit "C", Pricing and Payment Schedule. Itt the event that Material Errors aze discovered during the Test Period payment shall be due within thirty (30) days of the delivery of the respecfive corrected Deliverable. Except as stated in Subsection (c) below, the foregoing price includes CONTRACTOR' wages, overhead, general and administrative expenses and all other indirect costs and profit to be recovered or charged under this Agreement. (b) Out-of-Pocket Costs & Taxes. Except as otherwise set forth in this Agreement, prices quoted for Services do not include any costs of travel (air and cab fare, lodging, auto rental or local mileage, standard per diem, etcJ and out-of-pocket vests for photocopying, overnight courier, longdistance telephone and the like (collectively, the "Peripheral Expenses"). CITY shall reimburse CONTRACTOR for any Peripheral Expenses that aze mutually agreed in writing between the parties or via email confinnation from CITY, however, no out-of-pocket costs and taxes are anticipated in the course of this project at this time. Further, CITY shall pay, indemnify and hold CONTRACTOR harmless from- all sales; use, gross receipts, GST, value- added, personal property or other tax or levy (including interest and penalties) imposed on the CIVICA Softwaze PSA Page 2 of 18 P-150 RFP# 08/09-101 Citizen Relationship Management System Services and Deliverables provided hereunder, other than taxes based on the net income or profits of CONTRACTOR which shall remain the sole liability of CONTRACTOR. 4. METHOD OF PAYMENT CONTRACTOR shall submit to CITY an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten business days of receipt each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included on the invoice. Within thirty calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR. At any time during regular working hours, all records, invoices, and other materials accounting the services shall be available for review and audit by CITY. 5. TESTING & ACCEPTANCE (a) Testing of Deliverables. CONTRACTOR shall provide reasonable assistance to CITY in the testing of the Deliverables. Following delivery and installation, CITY shall have five (5) business days (the "Test Period") to conduct reasonable testing of each of the Deliverables, and the overall System, to determine whether it performs substantially in accordance with the Specifications as presented in Exhibit "B". CITY shall provide reasonable access to its premises, proper environmental and site conditions, any required test data in proper format and the cooperation of its staff and any other contractors to assist CONTRACTOR during installation and testing of the Deliverables. For purposes of this Agreement, a Deliverable shall be deemed accepted if C[TY does not notify CONTRACTOR of any material defects during the Test Period or, if CITY makes material beneficial or public use of the Deliverable and in accordance with Exhibit "E". (b) Correction of Defects. If no Material Errors aze identified in writing during the Test Period, the Deliverable shall be deemed accepted by CITY. If Material Ennrs are identified during the Test Period, CITY shall provide a written notice to CONTRACTOR identifying the particular Specification at issue and providing detailed reasons why the tested feature does not meet the Specifications. CONTRACTOR shall not be required to correct minor imperfections or defects that do not materially impair the operation of the Deliverable. CONTRACTOR shall (i) correct, replace or provide functional "workarounds" acceptable to the City for any identified Material Errors, and (ii) make a good faith effort to deliver such corrected Deliverable Item to CITY within five (5) business days after receipt a notice of any Material Error in accordance with Paragraph 2(a). All costs incurred in correcting any Material Error shall be the responsibility of CONTRACTOR. 6. OWNERSHIP OF WORK PRODUCT AND TRANSFER OF ALL INTELLECTUAL PROPERTY RIGHTS (a) Pronrietary.Rights. Except as set forth in Paragraph 6(c) below, as between CONTRACTOR and CITY, CONTRACTOR shall own all rights, title and interests in and to the results and proceeds of the Services, including without limitation, any underlying techniques, technologies, methods, processes, skills or know-how invented or used by CONTRACTOR during the rendering of the Services hereunder. CIVICA Softwaze PSA Page 3 of 18 P-151 RFP# 08/09-101 Citizen Relationship Management System (b) License to CITY. Upon payment in full by CITY of the compensation set forth in Section 3, CONTRACTOR will then grant to CITY a perpetual, royalty-free, personal, worldwide license to use the proprietary technology of CONTRACTOR' in connection with the exploitation and maintenance of the website. Such license shall be non-transferable, and shall be limited to the use of only the technology provided to CITY during the rendering of the Services. CONTRACTOR shall provide CITY with a commercially reasonable amount of technical support in connection with the proprietary technology described in this paragraph to ensure that such technology conforms with the Specifications for a period of one (1) yeaz from the date hereof. All technical support thereafter shall be by mutual agreement of the parties. (c) CITY Owned Material. Unless otherwise agreed upon in writing, upon final payment being made by CITY, all original and draft reports, documents, images, photographs, designs, web pages, artwork, text, video files, or other media of any nature created or developed by CONTRACTOR in the performance of this Agreement ("Work Product"), regazdless of form, shall become and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. All Work Product shall be considered to be "works made for hire", and all such Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and all other proprietary rights, shall be and remain the property of CITY without restriction or limitation upon their use, duplication or dissemination by CITY. CONTRACTOR shall not obtain or'attempt to obtain copyright protection as to any of the Work Product. (d) CONTRACTOR hereby assigns to CITY, and shall execute any and all documentation necessary to vest, all ownership and any and all intellectual property rights to the Work Product that aze not otherwise vested in CITY pursuant to this subsection (c), above. 7. INDEPENDENT CONTRACTOR CONTRACTOR will act hereunder as an independent contractor. This Agreement shall not and is not intended to consfltute CONTRACTOR as an agent, servant, or employee of CITY and shall not and is not intended .to create the relationship of partnership, joint venture or association between CITY and CONTRACTOR. 8. CONTRACTOR PERSONNEL (al Kev Person. This agreement is based upon the fact that the Principal, Mark Kelly, will be the supervisor of this software product. Should said Principal be no longer associated with CONTRACTOR, CITY shall have the right to terminate this Agreement if an acceptable alternative is not found within thirty (30) days, unless otherwise agreed to by CITY and CONTRACTOR. (b) CITY shall have the ability to have CONTRACTOR remove key CONTRACTOR personnel from the project for reasonable cause. Key CONTRACTOR personnel shall not be removed by CONTRACTOR from the project without CITY's approval, which shall not be unreasonably withheld. CONTRACTOR shall make best efforts to provide a temporary replacement within two (2) working days, but in no event longer than five (5) working days. To the extent the removal and replacement of key personnel by CONTRACTOR adversely affects the project, CONTRACTOR shall provide acost-free transition period to CITY for new key CNICA Softwaze PSA Page 4 of 18 P-152 RFP# 08/09-101 Citizen Relationship Management System personnel to become familiaz with the project. Key CONTRACTOR personnel include: Stuart Gregg, Ilya Gorelik, Minh Do, Adam Cherochak and Joey Sanchez. 9. CONFIDENTIALITY All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement aze deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All CITY data shall be returned to CITY upon the termination of this Agreement. CONTRACTOR'S covenant under this section shall survive the termination of this Agreement. 10. CONFLICTS OF INTEREST CONTRACTOR hereby warrants that its employees and/or subcontractors presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with services to be performed hereunder CONTRACTOR hereby warrants that no such person or entity shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. 11. INDEMNIFICATION A. To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend and hold free and harmless CITY, its elected officials, officers, employees, agents and volunteers from and against all tort liability, including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney's fees incurred by CITY, court costs, interest and defense costs including expert witness fees, where the same arise out of, or are connected with, in whole or in part, the acts or omissions of CONTRACTOR or any of CONTRACTOR'S officers, agents, employees or contractors in the performance of this Agreement, and which result in bodily injury, death or property damage, or financial loss to any individual or entity, including the employees or officials of CONTRACTOR. CONTRACTOR warrants that it possesses all rights to provide all of the Work Product required to be provided pursuant to this Agreement. To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend and hold free and harmless CITY, its elected officials, officers, employees, agents and volunteers from and against all liabilities, claims, suits, actions, and expenses or costs of any kind, whether actual, alleged or threatened, actual attorney' s fees incurred by CITY, court costs, interest and defense costs including expert witness fees, where the same arise out of, or aze connected with, in whole or in part, a claim that all or any part of any Work Product provided to the CITY pursuant to this Agreement infringes upon any proprietary or commercial interest, or intellectual property right, including copyright, of any third party. B. CONTRACTOR'S obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similaz act. CONTRACTOR expressly waives its statutory immunity under such statutes br laws as to the CITY, its officers, agents, employees and volunteers. CIVICA Software PSA Page 5 of I8 P-153 RFP# 08/09-101 Citizen Relationship Management System C. CITY does not, and shall not, waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regazdless of whether or not any insurance policies aze determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR'S covenant under this section shall survive the termination of this Agreement. D. CONTRACTOR agrees to pay all required taxes on amounts paid to CONTRACTOR under this Agreement; and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONTRACTOR shall fully comply with the workers' compensation laws regazding CONTRACTOR and CONTRACTOR'S employees. CONTRACTOR, further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement-any amount due to CITY from CONTRACTOR as a result of CONTRACTOR'S failure to promptly pay to CITY any reimbursement or indemnification arising under this Section. 12. INSURANCE A. CONTRACTOR shall be required to provide proof of insurance coverage, attached hereto as Exhibit "G". Company submitting qualifications must be able to provide a copy or copies of company's Certificates of Insurance or a letter from the insurance carrier(s) evidencing the fact that the Company is able to be insured pertaining to services rendered for the following minimums, as required by the City of CITY: B. CONTRACTOR shall neither commence work until it has obtained all insurance required hereunder in a company or companies acceptable to City, nor shall CONTRACTOR allow any sub-contractor to commence work on a subcontract until all insurance required of the sub-contractor has been obtained. CONTRACTOR shall take out and maintain at all times during the term of the project the following policies of insurance: (1) Workers' Compensation Insurance: Before beginning work, CONTRACTOR shall furnish io Ciry a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through sub- contractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONTRACTOR shall, prior to commencing work, sign and file with City a certification as follows: "I am aware of the provisions of Califomia Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of this Agreement." CMCA Software PSA Page 6 of 18 P-154 RFP# 08/09-101 Citizen Relationship Management System (2) Public Liability and. Property Damage: Throughout the term of this Agreement, at CONTRACTOR'S sole cost and expense, Contractor shall keep, or cause to be kept, in full force and effect, for the mutual benefit of the City and Contractor, comprehensive, broad form, general public liability and automobile insurance against ciauns and liabilities for personal injury, death, or property damage arising from Vendor's activities, providing protection of at least One Million Dollars ($1,000,000.00) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) for property damage. If such insurance includes an aggegate limit, such aggregate shall be no less than Two Million Dollars ($2,000,000). All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under pazagraphs 7(a) and (b) shall name as additional insured's City, its elected officials, officers, employees and designated agents. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against City and City's elected officials, officers, employees, and agents; (2) the policies aze primary and noncontributing with any insurance that may be carried by City; and (3) they may not be canceled except after thirty (30) days notice by insurer to City by first class mail. CONTRACTOR shall famish City with copies of all such policies promptly upon receipt of them, or certificate evidencing insurance. CONTRACTOR may effect for its own account insurance not required under this Agreement. * Proof of current insurance certificate(s) will be required prior to issuing a purchase order. C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide. D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR' S expense, the premium thereon. E. Prior to commencement of work under this Agreement, CONTRACTOR shall file with CITY'S Risk Manager a certificate or certificates of insurance, together with endorsements, showing that the insurance policies are in effect in the required amounts. F. CONTRACTOR shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the' CP/ICA Software PSA Page 7 of 18 P-155 RFP# 08/09-101 Citizen Relationship Management System same coverage. Such proof will be furnished at .least two weeks prior to the expiration of the coverages. G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY; its elected ofTicials, officers, employees, agents and volunteers as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. H. The insurance provided by CONTRACTOR shall be primary to any other coverage available to CITY. Any insurance or self-insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONTRACTOR'S insurance and shall not contribute-with it. I. No insurance coverage provided pursuant to this Agreement shall prohibit CONTRACTOR; and CONTRACTOR'S employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY. J. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall grocure a bond guaranteeing payment of losses and expenses, unless otherwise agreed to in writing by CITY. K. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR'S liability or as full performance of CONTRACTOR'S duties to indemnify, hold harmless and defend under this Agreement. 13. MUTUAL COOPERATION A: CITY shall provide CONTRACTOR with all pertinent data, documents and other requested information as is reasonably available for the proper perfonnance of CONTRACTOR'S services. B. In the event any claim or action is brought against CiI'Y relating to CONTRACTOR'S performance in connection with this Agreement, CONTRACTOR shall render any reasonable assistance that CITY may require. 14. RECORDS AND INSPECTIONS CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of at least three (3) years. CITY shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents; proceedings, and activities. CIVICA Softwaze PSA Page 8 of 18 P-156 RFP# 08/09-101 Citizen Relationship Management System 15. TERMINATION OF AGREEMENT A. Either party may terminate this Agreement for any reason or for no reason on thirty (30) calendaz days' prior written notice to'the other. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. B. In the event of termination or cancellation of this Ageement by CITY, due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination, and CONTRACTOR shall deliver to CITY all Work Product. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement. 16. FORCE MAJEURE CONTRACTOR shall not 6e liable for any failure to perform if CONTRACTOR presents acceptable evidence, in CITY'S sole judgment that such failure was due to causes beyond the control, and without the fault or negligence, of CONTRACTOR. 17. NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR'S and CITY'S regulaz business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, addressed as set-forth below, or to such other addresses as the parties may, from time to time, designate in writing. If to CITY: Attn: John Gillison City of Rancho Cucamonga 10500 Civic Center Drive CITY, CA 91730 909-477-2700 If to CONTRACTOR: Attn: Mark Kelly Civics Software 20101 S.W. Birch Street, Suite 250 Newport Beach, California 92660 949-851-1600 18. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. CONTRACTOR will take affirmative action to ensure that subcontractors and applicants are employed, and that employees aze treated during employment, without regazd to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. CP/ICA Software PSA Page 9 of 18 P-157 RFP# 08/09-101 Citizen Relationship Management System 19. PROHIBITION AGAINST ASSIGNMENT CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY'S prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR. 20: ATTORNEY'S FEES In the event that CITY or CONTRACTOR commences any legal action or proceeding for breach, or to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees. 21. ENTIRE AGREEMENT All documents referenced as exhibits in this Agreement aze hereby incorporated by reference into this Agreement. In the event of any material discrepancy between the express provisions of this Ageement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements or representations aze binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by CITY and CONTRACTOR. 22. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for any action shall be the Superior Court of the County of San Bernazdino. 23. SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless wntinue in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF RANCHO CUCAMONGA CONTRACTOR By: By: Donald Kurth, Mayor Date Name, Title Date Name, Date Name, Title Date CIVICA Software PSA Page 10 of 18 P-158 RFP# 08/09-101 Citizen Relationship Management System EXHIBIT A REQUEST FOR PROPOSAL"RFB" 08!09-101, CITIZEN RELATIONSHIP MANAGEMENT SYSTEM CNICA Software PSA Page 11 of 18 P-159 RFP# 08/09-101 Citizen Relationship Management System EXHIB[T B CIVICA SOFTWARE, RFB #08109-101 RESPONSE AND RFB #08/09-101 BEST AND FINAL OFFER RESPONSE CIVICA Software PSA Page 12 of 18 P-160 RFP# 08/09-101 Citizen Relationship Management System EXHIBIT C PRICING AND PAYMENT SCHEDULE The total contract value shall not exceed $79,750 excluding ongoing maintenance unless mutually agreed to by Rancho Cucamonga and Civica in an amendment to this agreement. All travel, meals and accommodations in support of this contract aze included in the total contract price. Pricing Description License Cost Services Cost Total Cost CRM Software License $ 15,000 $ 15,000 Code Enforcement Software $ 5,000 $ 5,000 Im lementation Services • Onsite Meetin sand BPR Discove 4,750 4,750 • Im lementation Activities 10,000 10,000 • Trainin 5,500 5,500 • Pro'ect Mana ement 4,500 4,500 Inte bon Mana er ^ Chameleon HLP 5,000 5,000 • Graffiti Tracker ~ 7,500 7,500 • GIS 7,500 7,500 • HDL Business License 5,000 5,000 Conversion 10,000 10,000 Total not-to-exceed $ 20,000 $ 59 750 $ 79,750 Annual Maintenance Annual Software Maintenance CRM Code Enforcement Year 1 Included $3,500 Yeaz 2 $ 3,500 $3,500 Year 3 $ 3,500 $3,850 Yeaz 4 $ 3,850 $3,850 Yeaz 5 $ 3,850 $3,850 CIVICA Softwaze PSA Page 13 of 18 P-161 RFP# 08/09-101 Citizen Relationship Management System Payment Schedule Milestone I. Contract Execution Due within 7 days of milestone completion $ [20% of Contract Value] Milestone 2. Initial Data Gathering/BPR Completed Due within 30 days of milestone completion $ [20% of Contract Value] Milestone 3. Forms, Category Management, Escalation/Email Notifications, Reporting, FAQ Due within 30 days of milestone completion $ [20% of Contract Value] Milestone 4. Site Layout and Interfaces including Communication Interface and GIS Integration Due within 30 days of milestone completion $ [20% of Contract Value] Milestone 5. Existing Data Migration and Completed QA and Testing Due within 30 days of milestone completion $[]0%ofContract Value] Milestone 6. Go Live Due within 30 days of milestone completion $ [10% of Contract Value] CMCA Software PSA Page 14 of 18 P-7 62 RFP# 08/09-101 Citizen Relationship Management System EXHIBIT D DELIVERABLES CONTRACTOR shall provide the following key deliverables in the execution of this Agreement with the CITY. • Business Process Review - A series of meetings with staff/departments to understand the details of the City's workings ^ Frequently Asked Questions • Workflows • Integrations -Integration with the following applications: o Animal Care Services (HLP Chameleon) o Business Licensing (HDL) o . GIS (ESRI) o Graffiti Reporting (Graffiti Tracker) • Conversions o .Public Works Data o City Manager's Data o Code Enforcement Data • Reports -Provide all reports requested in RFP • Training 0 3 user training session For up to 24 employees (2-3 hours) o In depth "Train the Trainer" sessions for 3 City employees (5-6 hours) • Documentation -Detailed documentation and online help • Kiosk Component • Portal System Integration • Support and Maintenance CPJICA Software PSA Page 15 of 18 P-163 RFP# 08/09-101 Citizen Relationship Management System EXHIBIT E FINAL ACCEPTANCE TESTING AND VALIDATION As part of the final testing and validation of the system, Civica will perform the following tasks to ensure successful deployment: a) Test fully working system on Rancho Cucamonga servers including connectivity to third-party systems. b) Test a series of standard processes to ensure all key functions and modules are operating correctly and in a timely manner. c) Test on multiple platform, browser and bandwidth environments. Civica will develop an Acceptance Test Plan (ATP) acceptable to Rancho Cucamonga, which thoroughly tests all functions of the System - both as to individual modules and as a fully integated system. CIVICA Software PSA Page 16 of 18 P-164 RFP# 08/09-101 Citizen Relationship Management System EXHIBIT F CHANGE ORDER NO. This Change Order shall serve as an amendment to that certain Professional Services Agreement dated as of by and between CONTRACTOR and Rancho Cucamonga (the "Agreement"). All capitalized teens used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. Date of Change Order: Description of additions or modifications to the Services: (To be determined] Except as set forth above, all other terms and conditions contained in the Agreement shall remain in full force and effect. AGREED AND ACCEPTED BY: Rancho Cucamonga: sy: Name: John Gillison Title: CONTRACTOR, Inc.: By: Name: Mark W.J. Kelly Title: President & C`T.O. CIVICA Software PSA Page 17 of 18 P-165 RFP# 08/09-101 Citizen Relationship Management System EXHIBIT G CERTIFICATES OF INSURANCE CNICA Software PSA Page 18 of 18 P-166 SOFTWARE LICENSE AGREEMENT THIS SOFTWARE LICENSE AGREEMENT ("Agreement") is entered into as of this 17th day of March , 2010 (the "Effective Date") by and between Pixelpushers, Inc. dba Civics Software, with offices at 20t01 Birch Street, Suite 250, Newport Beach, Califomia 92660 ("Civica") and the City of Rancho Cucamonga, a California City with offices at 10500 Civic Center Drive, Rancho Cucamonga, CA. 91730 ("Licensee"). RECITALS A. ~ Civica is the owner of its proprietary Civica Suiteo software (along with ell accompanying documentation, the "Software"). B. Civics desires to grant to Licensee and Licensee desires to obtain from Civica a nonexclusive license to use the Software solely in accordance with the terms and on the conditions set forth in [his Agreement. AGREEMENT THEREFORE, in consideration of the premises, agreements, covenants, representations and warranties herein contained, and for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Civica and Licensee agree es follows: 1. LICENSES 1.1 Use of the Software. Subject to the terms and. conditions of this Agreement, Civica hereby grants to Licensee a limited, non-exclusive and non-transferable right to use the Software in accordance with the limitations set forth this Agreement. Civics shalt deliver the Software to Licensee in both source code and object code format on a date m be mutually agreed after the mutual execution of this Agreement Without Civica's prior written consent, Licensee shall not be permitted to use the- Software in any manner except in connection with Licensee's application identified in ExhibirA (the "Licensee Application"). 1.2. Restrictions. Licensee shall not: (i) sublicense, transfer, lend, rent, assign, or otherwise convey the Software to any third party; (ii) create "Derivative Works" (as such teen is defined in Section 6) of the Software; (iii) use the software for any purpose other than in connection with the Licensee Application as permitted hereunder; or (iv) copy the Software except as expressly authorized under this Agreement In the event that Licensee desires to use the software for any application other than the Licensee Application, such use shall be subject to Civica's prior written consent in each instance, and shall be subject to the paymeat ofan additional licensing fee to Civics in an amount to be determined by Civics at the time of Licensee's request. 1J. .Civica Promotion. Licensee hereby grants to Civica anon-exclusive, worldwide, royalty-free license to use, reproduce, distribute and publicly display Licensee's name and logos in connection with Civica's corporate resume. Subject to approval from Licensee, which shall not be unreasonably withheld or delayed, Civica may issue a press release generally describing the transaction contemplazed by this Agreement or otherwise state that Licensee is a user of a Civica product. 2. INTEGRATION/ADDITIONAL SERVICES. Civics shall provide such reasonable assistance as is necessary [o integrate the software to operate in the manner contemplated in the specifications attached hereto as Fxhfbir A (the "Specifications") and in accordance with Exhibit A, Scope, of the Professional Services Agreement between Civics and Rancho Cucamonga. Further, at Licensee's request, during the first thirty (30) days after the effective date, Civics shall provide Licensee with a limited amount of technical support via telephone to~ assist in Licensce's integration of the Software in accordance with the Specifications. Any assistance provided by Civica beyond such thirty-day period, or beyond the scope of the Specifications at any time, shall be subject to additional fees (at the rate set forth in that certain Professional Services Agreement between Civica and Rancho Cucamonga, dated as of March 17, 2010]. 3. MODIFICATION OF SOFTWARE. In the event that Licensee modifies either the source code or object code of the Software in any manner, other than expressly permitted in the Specifications, all such modification shall be performed a[ Licensee's sole risk. As a matter of clarity, in the event of any modification of the Software by Licensee, (i) Civics shall have no liability for the failure of [he Software to perform as intended, (ii) Civics shall have no obligarion to render any support or assistance with the Software to correct such modification or improve the operability of the License Application, and (iii) all warrantees offered by Civics hereunder (or as may be required by law) shall be null and void. 4. SECURITY ACKNOWLEDGEMENT. Licensee acknowledges that Civics has neither responsibility for nor control of the communications lines used to access the Software because such lines are provided by Licensee or a third party provider, and [hat the security of transmissions to' and from the Software is not the responsibility of Civica. P-167 5. LICENSE FEES 5.1 Fees. In consideration of the rights granted in Section 1 above, Licensee shall pay to Civica the license fee (the "License Fee") identified in Exhibit A. All amounts payable hereunder by Licensee shall be payable in United Stales Dollars without deductions or charges of any kind. Checks shall be made payable to Civica and shall be forwarded to Civica at the following address: Civics Software 20101 Birch Street, Suite 250, Newport Beach, CA 92660 Attention: Mark Kelly 5.2 Payment Terms. All payments shall be due within thirty (30) days of mutual execution and in accordance with Exhibit C, Pricing and Payment Schedule of the Professional Services Agreement between Civica and Rancho Cucamonga. Licensee will be responsible for, and will promptly pay, all taxes of whatever nature (including but not limited to sales and use taxes) associated with this Agreement on Licensee's receipt or use of the Software, except for taxes based on Civira's net income. 5.3 ~ Fee Increases. During the term of this Agreement, Civica reserves the right to increase the fees for use of the Software for any applications other than [he Licensee Applications identified herein. 6. PROPRIETARY RIGHTS. Civica and its successors, privies and assigns shall exclusively own all now known or hereafter existing rights of every kind and nature throughout the urt_iverse (including, but not limited to, all copyrights, patents, trademarks, trade names, service names, service marks, and design rights, and all renewals and extensions [hereof,) in and to the Software and all related artwork, fonts, logos and designs (collectively, the "Civica Properties"). Further, Civics shall solely and exclusively own any "Derivative Works" created by Licensee or a third party from the use of either the object code or the source code of the~Software. For purposes of this Agreement, "Derivative Work" shall be defined as set forth in the Copyright Law of the U.S, Title 17 U.S.C. § 101 et seg. Licensee shall not have or acquire any right, title, or interest in the Civics Properties, the Software (or eny Derivative Works thereof) or such other materials provided by Civics under eny circumstances whatsoever. Licensee shall, and shall cause any parties acting under it in relation to this Agreement, to execute any and all documents and do such other acts requested at any tune by Civica as may be required to evidence, confirm and/or further effect Civica's ownership of fhe Civics Properties pursuant to this Agreement 7. CONFIDENTIALITY 7.1 Defined. By virtue of this Agreement, Licensee may have access to information that is confidential to Civica ("Confidential Information"). Confidential Information shall include but not be limited to the Software performance and operation, algorithms, formulas, methods, know-how, processes, designs, new products under development by Civica, developmental work, prospective customer names, the terms and pricing under this Agreement, and all information clearly identified in writing at the time of disclosure as confidential. 7.2 Exceptions: Confidential Information shall not include information that (a) is or becomes a part of the public domain through no wrongful act or omission of Licensee; (b) was in Licensee's lawful possession prior to the disclosure and had not been obtained by Licensee either directly or indirectly from Civics; (c) is lawfully disclosed to Licensee by a third party without restriction on disclosure; or (d) is independently developed by Licensee without reference to the Confidential Information. 7.3 Use end Nondisclosure. Licensee agrees to hold Civica's Confidential Information in confidence during the term of this Agreement and for a period of five years after termination of [his Agreement. Licensee agrees not to make the Confidential Information available in any form to any third party, except the City's Project Consultant, AEF Systems Consulting, Inc. or other consultant and/or contractor that might be hired by the Rancho Cucamonga during the implementation of the software or to use the Confidential Information for any purpose other than the implementation of this Agreement, with the exception that Licensee may disclose Confidential Information if required by any judicial request, requirement or order or state or federal law such as the California Public Records Act; provided, that Licensee will promptly notify the Civics of such request and cooperate with Civics in its efforts to contest such request, requirement or order or to obtain confidential treatment of such Confidential Information. Licensee agrees [o take el] reasonable steps to ensure [hat Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement. 8. WARRANTIES 8.1 Warranty for the Software. Civics warrants to Licensee that the Software actually licensed for use by Licensee shall substantially perform the functions described in the Specifications, Exhibit B £or ninety (90) days from date of first productive use. If the Software does not conform ~m the foregoing waranty, Civics shall, as Civica's sole and exclusive obligation and at its option, repair or replace the relevant Software or refund to Licensee a prorated portion of the License Fee paid for the relevant Software. NOTWITHSTANDING THE FOREGOING, CTVICA DOES NOT WARRANT THAT LICENSEE'S USE OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR-FREE. 8.2 Dteclaimers. The above warranties of P-168 Section S.l do not cover the results of accident, abuse, neglect, improper testing, or vandalism caused by anyone other than Civica or Civica's authorized agents, acts of God, use contrary to the applicable specifications or instructions, or repair or modification'to the Software by anyone other than Civica or Civica's authorized agents. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 8, CIVICA FURNISHES, AND LICENSEE ACCEPTS, THE SOFTWARE "AS IS," WTTH NO WARRANTY, EXPRESS OR IMPLIED, AND THERE ARE EXPRESSLY EXCLUDED THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGF,MENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF CONDUCT OR DEALING. THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF CIVICA ARISING OUT OF, OR IN CONNECTION WITH, ANY SOFTWARE SUPPLIED UNDER THIS AGREEMENT. TO THE EXTENT THAT CNICA MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW. LICENSEE ACKNOWLEDGES THAT THE FOREGOING DISCLAIMER IS A MATERIAL FACTOR IN DETERMINING THE AMOUNT OF THE LICENSE FEE PAID HEREUNDER 9. TERM AND TERMINATION 9.1 Term. The term of Licensee's right to use the Software in accordance with [he provisions of this Agreement shall commence on the Effective Date and shall continue in perpetuity unless [he Agreement is terminated in accordance with the provision of Section 9.2 below. 9.2 -Termination for Breach. Civica shall have the right to immediately terminate this Agreement if Licensee breaches any material term of this Agreement and fails to correct the breach within thirty (30) days following written notice from Civica specifying the breach. Notwithstanding the foregoing, Licensee's breach of Sections 1.1, L2 or 7 shall constitute anon-curable breach of [his Agreement, and Civica may terrrtinate this Agreement following thirty (30) days notice of such breach to Licensee. In the event of a breach by Civica, Licensee may terminate this Agreement following thirty (30) days prior written nofice. In the event of such termination, upon receipt of the software from Licensee, Civics will refund any unearned amounts, including the license fee and the amounts paid for maintenance and support, prorazed by the number of months Licensee was able to fully utilize the system. 9.3 Rights and Obligations Upon Termination. Upon termination this Agreement, all licenses granted hereunder shall immediately terminate and Licensee shall make no further use of Software, equipment, property, materials or other items (or any copies thereof) belonging to Civics and provided in connection with [his Agreement. Upon termination of this Agreement, Licensee shall promptly pay Civica any amounts owed. 10. WDEMNIFICATION. Licensee shall, at its own expense,. defend, indemnify and hold Civica and its afliliates, officers, directors, employees, agents and contractors harmless from (a) any breach of Licensee's obligations under Sections 1.1, 1.2, 6 and 7, and/or (b) from any claim or suit arising from any use of the Software in any manner that is no[ expressly permitted hereunder. .Civica warrants that it has all rights to license the software provided in this Agreement and agrees to indemnify, defend and hold free and harmless the City, its elected officials, officers and employees in the event a claim is asserted alleging violation of any intellectual property/proprietary interest in the software. 11. LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR REVENUE, LOST SAVINGS, LOSS OF USE OF THE SOFTWARE OR ANY COMPONENT THEREOF, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTED FACILITIES, EQUIPMENT OR SERVICES, OR OTHER ECONOMIC LOSS ARISING OUT OF BREACH BY THE OTHER PARTY OF ANY OF ITS REPRESENTATIONS, WARRANTIES OR AGREEMENTS CONTAINED IN THIS AGREEMENT, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSU3ILITY OF SUCH DAMAGES, WHETHER OR NOT ANY LIMITED REMEDY FAILED OF ITS ESSENTIAL PURPOSE, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, NEGLIGENCE OR TORT (INCLUDING STRICT LIABILITY). NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT SHALL CIVICA'S AGGREGATE LIABILITY TO LICENSEE, AND ANY OTHER THIRD PARTY, EXCEED THE AMOUNT ACTUALLY PAID TO CIVICA UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PffiOR TO THE CLAIM OR ACTION, REGARDLESS OF THE FORM OF CLAIM OR ACTION. 12. U.S. GOVERNMENT RESTRICTED RIGHTS If Licensee is acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Software constitutes a "commercial item," as that term is defined at Federal Acquisition Regulation (FAR) 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in FAR 12.212 (Sept. 1995), and is provided to the U.S. Govemment only as commercial software (with "Restricted Rights," if applicable). Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in [his Agreement and as provided in DFARS.227.7202-1(a) and P-169 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. 13. GENERAL 13.1 ~ Force Majeure. Neither party shall be liable hereunder by reason~of eny failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, electrical or other shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause beyond the reasonable control of such party. 13.2 Independent Contractors. Nothing in this Agreement shall be construed as creating an employer- employee relationship, a partnership, or a joint venture between the parties. 13.3 Governing Law. This Agreement shall be governed by the laws of the State of California, and without reference to its conflicts of law as though entered into between California residents and to be performed entirely within the State of Califomia, and both Licensee and Civica consent to jurisdiction and venue in the state and federal courts sitting in the State of Califomia and in particulay within San Bernardino County, Califomia. 13.4 Severability. If for any reason a court of competent jurisdiction finds any ~ provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the LICENSEE: City of Rancho Cucamonea By: Name: Title: parties, and the remainder of this Agreement will continue in full force and effect. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. 13.5 Modification and Waiver. No modification to this Agreement, nor any waiver of any rights, wiB be effective unless assented to in writing by the party to be charged, and the waiver of any breach or default shall not constim[e a waiver of any other right hereunder or any subsequent breach or default. 13.6 Notices. All notices required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by courier or overnight delivery service, or by certified mail, and in each instance will be deemed given-upon receipt. All communications will be sent to the addresses set forth above or w such other address as may be specified by either party to the other in accordance with this Section. Either party may change its address for notices under this Agreement by giving written notice to the other party. 13.7 Assignment. Licensee shall noC be pemritted to assign or otherwise transfer [his Agreement intentionally or by operation of law or otherwise, in whole or in part, without the prior written consent of Civica. 13.8 Entire Agreement. This Agreement and [he Exhibit(s) attached hereto and including the Professional Services Agreement congti[ute the entire and exclusive agreement between [he parties hereto with respect to the subject matter hereof and supersede any prior agreements between the parties with respect to such subject matter. PIXELPUSHERS, INC dba CMCA SOFTWARE By: Name: Mark W.1. Kel]y Title: President & C.T.O P-170 EXHIBIT A Licensee Application/Fees 1. Licensee: City of Rancho Cucamonga 2. Brief description of Licensee Application: Customer Relationship Management Software 3. Total License Fee: Twenty thousand dollars ($20,000) (CRM $15,000 and Code Enforcement $5,000) Specific Deliverables to be Provided by Civics: • Business Process Review - A series of meetings with staff/departments to understand the details of the City's workings Frequently Asked Questions • Workflows • Integrations -Integration with the following applications: o Animal Care Services (HLP Chameleon) o Business Licensing (HDL) o GIS (ESRI) o Graffiti Reporting (Graffiti Tracker) Conversions o Public Works Data o City Manager's Data o Code Enforcement Data • Reports -Provide ail reports requested in RFP Training 0 3 user training session for up to 24 employees (2-3 hours) o In depth "Train the Trainer" sessions for 3 City employees (5-6 hours) • Documentation -Detailed documentation and online help • Kiosk Component • Portal System Integration • Support and Maintenance P-171 EXHIBTT B CMCA SOFTWARE, RFB #08/09-101 RESPONSE AND RFB #08/09-101 BEST AND FINAL OFFER RESPONSE STAFF REPORT ENGINEERING DEI:-~RTMENT Date: February 17, 2010 RANCHO CUCAMONCA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician Subject: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR PARCEL MAP 15550, LOCATED ON THE WEST SIDE OF WARDMAN BULLOCK ROAD, NORTH OF WILSON AVENUE, SUBMITTED BY ETIWANDA CREEK PARTNERS, L.P. It is recommended that City Council adopt the attached resolution accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Parcel Map 15550 were approved by the County of San Bernardino on May 14, 2005, in the following amounts: Faithful Performance Bond: $ 102,000.00 Bond# BE2621055 Labor and Material Bond: $ 51,000.00 Bond# BE2621055 Due to the economic downturn, the developer, Etiwanda Creek Partners, L. P., is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's office. Respectfully submitted, Mark er~ ~~~~~`-~. Director of Engineering Services/City Engineer MAS/C:alrw P-172 Attachment(s) P-173 RESOLUTION NO. /D-O,3D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 15550 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on February 17, 2010, by Etiwanda Creek Partners, L.P., as developer, for the improvement of public right- of-way adjacent to the real property specifically described therein, and generally located on the west side of Wardman Bullock Road, north of Wilson Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Parcel Map 15550; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. P-174 Vicinity Map ~m X5550 N W E P-7 75 STAFF REPORT ' ` '' ENGINEERING DEPdRTMENT ~ Date: February 17, 2010 RANCHO CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician Subject: RELEASE OF FAITHFUL PERFOMANCE BOND RETAINED IN LIEU OF MAINTENANCE GUARANTEE BOND FOR DRC2006-00866, LOCATED ON THE NORTH SIDE OF SIXTH STREET, WEST OF ETIWANDA AVENUE, SUBMITTED BY SOUTHERN CALIFORNIA EDISON COMPANY RECOMMENDATION It is recommended that City Council authorize the City Clerk to release the Faithful Performance Bond retained in lieu of Maintenance Guarantee Bond, for DRC2006-00866, located on the north side of Sixth Street, west of Etiwanda Avenue, submitted by Southern California Edison Company BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER Southern California Edison Company 12484 Sixth Street Rancho Cucamonga, CA 91739 Release: Faithful Performance Bond #8945232 $815,200.00 (in lieu of Maintenance) Accept: Maintenance Guarantee Bond #8945232-0001 $81,520.00 Respectfully submitted ark euer Director of Engineering Services/City Engineer MAS/CC:alrw Attachment(s) P1~7176 PROJECT SIT ,_ HlLLSI E RD ~; ILSD AVE :i, W ~~ y. ~~ BANY T ~ U x ~ HIGHLAN 9TH ST 30 ~~ r z ~ VICTORIA rn BASE .LINE RD w a HUR ~~~ a ~_ iL m ~~~^~C~1=J ~a ~ ~~ ~ ' ios o ci cARRO SUMMfTf L W z a A N CITY OF RANCHO CUCAMONGA ITEM ~/QC20~~p -®~~fj~ TITLE y1C//V/TY /~P ENGWEERING DIVISION P-177 STAFF REPORT ENGINEERING SERVICES DEPARTMENT ~''v'!~~ :RANCHO Date: Febniary 17, 2010 CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Enginee Shelley Hayes, Assistant Engineer Subject: RELEASE OF FAITHFUL PERFORMANCE BOND NOS. 190017195 AND 104809467, RETAINED IN LIEU OF MAINTENANCE GUARANTEE BOND IN THE AMOUNT OF $6,239,501.50, FOR THE RCMU AND FIBER BACKBONE EXTENSIONS, AND FOOTHILL BOULEVARD MEDIAN LIGHTING IMPROVEMENTS, CONTRACT NO. 07-065 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release the Faithful Performance Bond Nos. 190017195 and 104809467, retained in lieu of Maihtenance Guarantee Bond in the amount of $6,239,501.50, for the RCMU and Fiber Backbone Extensions, and Foothill Boulevard Median Lighting Improvements, Contract No. 07-065. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Pouk & Steinle Inc. 2520 Rubidoux Blvd. P. O. Box 3039 Riverside, CA 92519 Respectfully submitted, ~rr^ Mark A. euer Director of Engineering Services/City Engineer MASIJAD/SH:Is Attachment P- P .~1NA ' DR r I ~ J~ HILLSI E RD ILL IpE R i ~ ~ i /+ ' W LSO AV WI NAV 1M1 I I LSON pV EEC ` w ~ i ~' m c w . ~ BAIJY N ST ~ ~ "~ 7t9 I 0 FW 121 I i W G a' ~ ; C V CTORI _ o ~ j \ ! - 3 > I BASE IN ~d ~ .B ELI !. ~ a - = CHU CH S CHUI CH S P f OTH 9L ~ ep ~ w r RRO RT Q ~j 5 9TH ST JERSEY BL O B H ST 6 "' HST ~ 8TH ST 4TH ST ~~ ~ ... __. I \ ~ ~ . 1 ~ ~__. - 1 t-~ 1 w ~ , Z W \ ~ , I W i / ~/ PROJECT ~ ~ ~~' r i ;, ~ JERSEY BLVD ~ i % Vicinity Map RCIvIU and Fiber Backbone Extensions and Foothill Blvd. Median Lighting 78 P-179 STAFF REPORT ENGINEERING SERVICES DEP~IRTMENT Date: February 17, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Engineer Shelley Hayes, Assistant Engineer s~- ~, RANCHO CUCAMONGA Subject: RELEASE OF FAITHFUL PERFORMANCE BOND NO. 12054086, RETAINED IN LIEU OF MAINTENANCE GUARANTEE BOND IN THE AMOUNT OF $381,794.16, FOR THE FISCAL YEAR 2008/2009 LOCAL STREET REHABILITATION SLURRY SEAL PROJECT, CONTRACT NO. 08-159 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release the Faithful Pertormance Bond No. 12054086, retained in lieu of Maintenance Guarantee Bond in the amount of $381;794.16, for the Fiscal Year 2008!2009 Local Street Rehabilitation Slurry Seal Project, Contract No. 08-159. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: American Asphalt South Inc. 14436 Santa Ana Ave P. O. Box 310036 Fontana, CA 92337 Respectfully submitted, Mark euer Director of Engineering Services/City Engineer MAS/JAD/SH:Is Attachment P-180 CITY OF RANCHO CUCAMONGA FY 2008/09 PAVEMENT REHABILITATION `~. N SLURRY SEAL PROGRAM N.T.9. STAFF REPORT F_,NGINEERING SERVICES DEP~IRTMENT Date: February 17, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer ~~ Shelley Hayes, Assistant Engineer ~ j, P-181 ., RANCHO C,UCAMONGA Subject: ACCEPT THE LONDON AVENUE AND CARRARI STREET SLOPE RENOVATION AND EROSION CONTROL, CONTRACT NO. 09-065 AS COMPLETE, RETAIN THE FAITHFUL PERFORMANCE BOND AS A GUARANTEE BOND, RELEASE THE LABOR AND MATERIAL BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $98,406.93 RECOMMENDATION It is recommended that the City Council accept the London Avenue and Carrari Street Slope Renovation and Erosion Control, Contract No. 09-065, as complete, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a Guarantee Bond, authorize the release of the Labor and Materials Bond in the amount of $96,249.64 six months after the recordation of said notice and authorize the release of the retention in the amount of $9,840.69, 35 days after acceptance, if no claims have been received. Also, approve the final contract amount of $98,406.93. , BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The London Avenue and Carrari Street Slope Renovation and Erosion Control scope of work consisted of the installation of un-grouted boulders, asphalt concrete pavement @ccess road, cut existing grade and hydroseed new cut slope. Pertinent information of the project is as follows: Budgeted Amount: Account Number: - Engineer's Estimate: - City Council's Approval to Advertise - Publish dates for local paper: - Bid Opening: - Contract Award Date: $140,000.00 1 1 1 2303-5650/1 746 1 1 2-0 $115,000.00 August 19, 2009 August 25 and September 1, 2009 September 15, 2009 October 7, 2009 P-182 CITY COUNCIL STAFF REPORT Re: Accept London Avenue and Carrari Street Slope Renovation and Erosion Control February 17, 2010 Page 2 - Low Bidder: - Contract Amount: - 10% Contingency: - Final Contract Amount: - Difference in ContractAmount: UST Development Inc. $96,249.64 $9,624.96 $98,406.93 $2,157.29 (2.24%) The net increase in the total cost of the project is a result of three (3) Contract Change Orders including the Balancing Statement. The notable changes that were significant to the increase of the Contract amount were the installation of a pipe gate, 2-rail pvc fence and brief delay time because of an access issue. The Balancing Statement accounts for other minor decreases in the project bid quantities. Respectfully submitted, 5~~~~~'~ 1 Mark A. Steuer Director of Engineering Services/City Engineer MAS/RMD/SH:Is Attachment ~/ Y /)~ /`fib ~'b ~ti Oy N ~ = N H n`ri ~ V3 anV VON 113 ~ LL ~ s'~ ~ ~ z ~ on-re - Y3 Sava ~ ~' m ~ . ~' ~~ ~ O !~ - o ~ o ar ' 1sau~oa O U ~. ~ ~ ° a ~a Q ~ ~ v Naomi 8 z &@ ~ _ = o y~ 4~ ~ ~ r y n N nV V <^ ~ N F 5 . ~ 1 ~ ~ nv vs au ~ ~ L,J o - - ~ n ~ (--~ anv ivei av (LI-'-~F( II ail w V T13N p ~ ~ 3nV OaVJ,3NIP ~ ~ w~ = vas w 0 N'dll3NaV ~ N J Y 15 Sal dVS ~ \\~\~ ~ ~ Q G\ ,~ anv anoas ~e~'`' ~; •j. E+ F-~ !C, F a ~ ~ o I„~ U U ~ „oz,,, ~ xo O V A U \ 0 z~ O ~ ~ ~ Z V O ~~„ O a 83 P-7 84 RESOLUTION NO. ~r7-03' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LONDON AVENUE AND CARRARI STREET SLOPE RENOVATION AND EROSION CONTROL, CONTRACT NO. 09- 065 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the London Avenue and Carrari Street Slope Renovation and Erosion Control, Contract No. 09-065, has 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, the City Council of the City of Rancho Cucamonga hereby resolves that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. STAFF REPORT ENGINEERING SERVICES DEPARTIvfENT Date: February 17, 2010 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer R2'+~ Shelley Hayes, Assistant Engineer ,, j-(# l RANCHO C,,UCAMONGA Subject: ACCEPT THE BANYAN STREET PAVEMENT REHABILITATION FROM BERYL STREET TO ARCHIBALD AVENUE, CONTRACT NO. 09-221 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $214,416.90 RECOMMENDATION It is recommended that the City Council accept the Banyan Streel Pavement Rehabilitation from Beryl Street to Archibald Avenue, Contract No. 09-221, as complete, authorize the City Engineer to file a Notice of Completion, release the Faithful Performance Bond, accept a Maintenance Bond, authorize the release of the Labor and Materials Bond in the amount of $199,936.90 six months after the recordation of said notice and authorize the release of the retention in the amount of $21,441.69, 35 days after acceptance, if no claims have been received. Also, approve the final contract amount of $214,416.90. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Banyan Street Pavement Rehabilitation from Beryl Street to Archibald Avenue scope of work consisted of cold milling, asphalt concrete pavement, ARHM overlay, A.C. sidewalk, adjust all utilities to new grade, installation of striping and raised pavement markers and loop detectors. Pertinent information of the project is as follows: - Budgeted Amount: $250,000.00 - Account Number: - Engineer's Estimate: 1194303-5650/1679194-0 $287,000.00 - City Council's Approval to Advertise: February 4, 2009 - Publish dates for local paper: February 10 and 17, 2009 - Bid Opening: April 21, 2009 P-185 - Contract Award Date: May 20, 2009 P-186 CITY COUNCIL STAFF REPORT Re: Accept Banyan Street Pavement Rehabilitation from Beryl Street to Archibald Avenue February 17, 2010 Page 2 - Low Bidder: - Contract Amount: - 10% Contingency: - Final Contract Amount: - Difference in Contract Amount: Silvia Construction Inc. $199,936.90 $19,993.69 $214, 416.90 $14,480.00 (7.24%) The net increase in the total cost of the project is a result of one (1) Contract Change Order (the Balancing Statement.) The notable change that was significant to the increase of the Contract amount was for grading, transport and compacting of the asphalt grindings offsite and same additional removal and replacement of asphalt concrete pavement. The Balancing Statement accounted for these increases in the project bid quantities and other minor increases and decreases as well. Respectfully submitted, ~~~b ...~..~~i-"~ Mark A. Steuer Director of Engineering Services/City Engineer MAS/RMD/SH:Is Attachment 87 VICINITY MAP THOMAS GUIDE PAGE 572 c~rno-G3, H3 do J3 CITY OF RANCHO CUCAMONGA BANYAN STREET PAVEMENT REHABILITATION FROM BERYL STREET TO ARCHIBALD AVENUE N x.s.s. P-188 RESOLUTION NO. /Q~ O 3 Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BANYAN STREET PAVEMENT REHABILITATION FROM BERYL STREET TO ARCHIBALD AVENUE, CONTRACT NO. 09-221 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Banyan Street Pavement Rehabilitation from Beryl Street to Archibald Avenue, Contract No. 09-221, has been completed to the satisfaction of the City Engineer; and complete. WHEREAS, a Notice of Completion is required to be filed, certifying the work NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. P-189 (~~-~ 5 STAFF REPORT ` RANCHO CUCAb10NGA FIRE PROTECTION DISTRICT ' v~ RANCHO Date: February 17, 2010 C;UCAMONGA To: President and Members of the Board of Directors Jack Lam, AICP, City Manager From: Mike Bell, Fire Chief By: Janet Walker, Management Arialyst I I Subject: ADOPTION OF A RESOLUTION MAKING DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (JAMIE SAMOUH - APNS: 0208-811- 58, 59 & 60 -ANNEXATION NO. 10-1) TO AN EXISTING COMMUNITY FACILITIES DISTRICT, CALLING A SPECIAL ELECTION AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RECOMMENDATION Consideration of adoption of a resolution making determinations and authorizing the submittal of the levy of special taxes to the qualified electors of territory proposed to be annexed (Jamil Samouh, Owner-Annexation No. 10-1) to existing Community Facilities District No. 85-1 ("CFD No. 85-1 ") and calling a special election for such purpose. BACKGROUND Jamil Samouh has submitted a proposal to develop an office/professional building on 2.5 acres identified as APNs 0208-811-58, 59 & 60 (the "Annexation Area") and is conditioned by the City and Fire District to annex to the existing Community Facilities District (CFD) 85- 1 in order to mitigate the development's impact upon fire protection services. On January 6, 2010, the Board initiated formal annexation proceedings pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act") by adopting a resolution approving an annexation map (Exhibit "A") of the territory proposed to be annexed and the Resolution of Intention to Annex APNs 0208-811-58, 59 & 60 into the existing CFD 85-1. This resolution, among other things, declared the intention of the Board of Directors to levy a special tax within the Annexation Area to finance fire protection and suppression services and setting a public hearing regarding the proposed annexation to be held on February 17, 2010. P-190 Annexation of Territory to an existing CFD 85-1 February 17, 2010 Through adoption of this resolution before the Board this evening, the Board will accomplish the following: • Make certain determinations as set forth in the resolution • Call for a special election to be conducted on March 3, 2010 Authorize submittal of the levy of the special tax to qualified electors of the Annexation Area at such special election ANALYSIS The annexation of the Annexation Area into CFD No. 85-1 will satisfy the conditions of development relating to mitigating impacts upon fire protection services. Jamil and Jamila Samouh, property owners, are in full support of the annexation of the property being annexed. The Registrar of Voters has certified there are no registered voters residing within the Annexation Area. Pursuant to the Mello-Roos Act, whenever there have been less than 12 persons registered to vote within the Annexation Area for each of the 90 days preceding the public hearing pertaining to such annexation, the vote shall be by the landowners within the Annexation Area. Therefore, in the current circumstances, the election will be a landowner's vote, the landowner having one vote per acre or portion thereof of land within the Annexation Area. Jamil and Jamila Samouh, owners of the property within the Annexation Area, has executed a "Consent and Waiver" of time frames relating to the election. Exhibit "A" of the Resolution sets forth the rate and method of apportionment of the special tax proposed to be levied within the Annexation Area which is consistent with the special tax levied upon all territory currently within CFD No. 85-1. At the special election to be held on March 3, 2010, the landowner(s) will be entitled to cast its ballot. The Board Secretary will then canvas the ballot, if received. At the next Board meeting, the Board will consider adopting the resolution declaring the election results and the annexation of the Annexation Area to CFD No. 85-1. If 213 of the votes are cast in favor of the levy of the special tax, the Board may declare the property to be annexed. A representative for the property owner wilt be present during the meeting should any questions arise regarding these proceedings. The Public Notice regarding the Public Hearing has been advertised in the Inland Valley Daily Bulletin. Respectfu submitted, ~a/~~~ Mike Bell Fire Chief Attachments P-191 RESOLUTION NO. FD ! ~ ' 00 7 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS REGARDING THE PROPOSED ANNEXATION OF TERRITORY (ANNEXATION NO. 10-1) TO AN EXISTING COMMUNITY FACILITIES DISTRICT (CFD 85-1) AND CALLING A SPECIAL ELECTION AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF SUCH TERRITORY WHEREAS, the BOARD OF DIRECTORS (the "Board of Directors") ofthe RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Fire Protection District"), RANCHO CUCAMONGA, CALIFORNIA, has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing commuriity facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof (the "Act"). The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, notice of a public hearing relating to the annexation of territory to the District, the extent of the territory to be annexed (the "Annexation Area"), the furnishing of certain public services and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or the District and/or property owners representing more than one-half (1/2) or more of the area of land within the Annexed Area or within District; and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1. RECITALS The above recitals are all true and correct. SECTION 2. DETERMINATIONS It is determined by this Board of Directors that: A. all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Act; B. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; P-7 92 Resolution No. FD Page -2- C. the time limit specified by the Act for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors ofthe Annexation Area; D. the Secretary, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of this resolution; and E. the public services proposed to be financed from the proceeds of special taxesto be levied within the Annexation Area are necessary to meet increased demands placed upon the Fire Protection District as a result of development and/or rehabilitation occurring in the Annexation Area. SECTION 3. BOUNDARIES OF ANNEXED AREA The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses for the public services described in Section 4 below are generally described as follows: All that property and territory proposed to be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map entitled "Annexation Map No. 10-1 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map"), a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. SECTION 4. DESCRIPTION OF SERVICES The services that are authorized to be financed from the proceeds of special taxes levied within the District are certain services which are in addition to those services required for the territory within the District and will not be replacing services already available. A general description of the services authorized to be financed by the District is as follows: The performance by employees of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such services. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within the District are the types of services proposed to be financed from the special taxes proposed to be levied within the Annexation Area. If and to the extent possible such services shall be provided in common with District and the Annexation Area. SECTION 5. SPECIAL TAX Except where funds are otherwise available and subject to the approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for the services described in Section 4 that are required for the Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A° which sets forth in sufficient detail the method of apportionment to allow each landowner or residentwithin the Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. P-193 Resolution No. FD Page -3- The special taxes shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this Board of Directors may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. SECTION 6. SPECIAL TAX ACCOUNTABILITY MEASURES Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this Board of Directors hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes within the Annexation Area as described in Section 5 above: A. Each such special tax shall be levied for the specific purposes section in Section 5. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5. above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within the District shall be deposited. D. The Fire Chief or his or her designee, acting for and on behalf of the District, shall annually file a report with the Board of Directors as required pursuant to Government Code Section 50075,3. SECTION 7. ELECTION The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on the 3rd day of MARCH 2010, and said election shall be a special election to be conducted by the Secretary (hereinafter "Election Official"). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2!3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution and the Board of Directors may determine that the Annexation Area is added to and part of the District. SECTION 8. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85-1, AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District be authorized to levy special taxes within the territory shown on "Annexation Map No. 10-1 of Community Facilities District No. 85-1 of the Rancho Cucamonga Fire Protection District, County Of San Bernardino, State Of California" (the "Annexation Map") pursuant to P-194 Resolution No. FD Page ~- the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth in Ordinance No. FD 48 to finance fire suppression and protection services and administrative expenses? SECTION 9. VOTE The appropriate mark placed in the voting square afterthe word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 10. ELECTION PROCEDURE The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election, B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs ofthe election incurred as a result of services performed for the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. P-195 Resolution No. FD Page -5- PASSED, APPROVED, AND ADOPTED this day of 2010. AYES: NOES: ABSENT: ABSTAINED: Donald J. Kurth, M.D., President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the _ day of 2010. Executed this day of 2010 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary P-196 Resolution No. FD Page -6- EXHIBIT "A" COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 10-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 10-1 for Fiscal Year 2009-2010 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($146.56) Multi-Family 2 DU: 1.75 = ($146.56) 3 DU: 2.25 = ($146.56) 4 DU: 2.65 = ($146.56) 5-14 DU: 2.65 = ($146.56) + {.35 (TU-4) ($146.56)} 15-30 DU: 6.15 = ($146.56) + {.30 (TU-14) ($146.56)} 31-80 DU: 10.65 = ($146.56) + {.25 (TU-30) ($146.56)} 81 - up DU: 23.15 = ($146.56) + {,20 (TU-80) ($146.56)} Commercial ($146.56) per acre + $.079 per SF Industrial ($146.56) per acre + $.097 per SF Noie: DU =Dwelling Unit TU =Total Units SF =Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2009 and each July 1$` thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. P-197 Resolution No. FD Page -7- REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall be granted a reduction in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEW The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: which is not owned by a public or governmental agency; which is not vacant; - where a "certificate of occupancy" or "utility release" from the City of Rancho Cucamonga has been issued; which has an existing building or structure onsite; - which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services -Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. STAFF REPORT PUNNING DEPART~IF..NT RANCHO Date: February 17, 2010 CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director ey: Thomas Grahn, Associate Planner Subject: CONSIDERATION OF A SUBSTANTIAL AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM FUNDING ALLOCATION DRC2008-00845R -CITY OF RANCHO CUCAMONGA - A review of the federally required Substantial Amendment to the currently approved Neighborhood Stabilization Program (NSP), including the selection of NSP funded projects, based on a grant allocation of $2,133,397. RECOMMENDATION: Staff recommends that the City Council authorize the staff to submit the Substantial Amendment to the 2008 Annual Action Plan amending the City's approved Neighborhood Stabilization Program (NSP) to the U.S. Department of Housing and Urban Development (HUD) for their consideration. BACKGROUND: On November 5, 2008, the City Council approved the federally required Substantial Amendment to the 2008 Annual Action Plan, thereby approving the City's NSP. The Substantial Amendment was submitted to HUD by the December 1, 2008, deadline. The Grant Agreement between the City and HUD to utilize NSP funds was signed on March 5, 2009; signing the agreement established the 18-month window to obligate NSP funds. Although the City's NSP activities have generated a substantial amount of public interest, progress in implementing the adopted activities has not met overall program expectations. Changes in the economy, interest in the housing market, and the availability of private financing have impacted the effectiveness of the program. As an example, the NSP First Time Homebuyer Program has assisted in the purchase of 'one foreclosed home, with escrow closing on January 27, 2010. Although several other persons have prequalified for participation in the program, they have been unable to acquire any foreclosed properties. In order to ensure the successful performance of the City's NSP and the timely obligation of all NSP funds, staff is proposing significant changes to both of the existing NSP activities to allow the City to take the lead in acquiring foreclosed properties. Any acquired properties would then be available to persons or non-profit groups participating in the program. ANALYSIS: Title III of Division B of the Housing and Economic Recovery Act of 2008 (HERA) (Pub. L. 110-289, approved July 30, 2008) appropriated $3.92 billion in emergency assistance for the redevelopment of abandoned and foreclosed homes and residential properties. Grants under the HERA are considered Community Development Block Grant (CDBG) funds and are implemented by HUD through the Neighborhood Stabilization Program. P-198 P-199 CITY COUNCIL STAFF REPORT DRC2008-00845R - CITY OF RANCHO CUCAMONGA February 17, 2010 Page 2 Although NSP funds are considered additional CDBG grant funds, HUD modified or waived the typical application requirements and procedures so that grantees could quickly make the best use of their funding. Grantees will have 18 months to obligate funds and four years to spend funds returned as program income. For homes purchased with NSP funds and resold prior to June 30, 2013, the NSP funds will return to the City as program income and may be reused in accordance with NSP requirements. Program income returned to the City on or after June 30, 2013, is to be returned to the US Treasury. NSP income eligibility requirements establish that all of the funds appropriated, or otherwise made available, shall be used for individuals and families whose income does not exceed 120 percent of the area median income (AMI). HUD further addressed income eligibility requirements by providing that not less than 25 percent of the funds appropriated, or otherwise made available, shall be used for individuals and families whose income does not exceed 50 percent of the AMI. Based on these income requirements, our entire allocation will be used to benefit those persons at or below 120 percent of the AMI and a minimum of $533,350 will be used to benefit those persons at or below 50 percent of the AMI. In the purchase of foreclosed and abandoned homes, the City is encouraged to obtain the maximum reasonable discount from the mortgagee, taking into consideration the likely carrying costs (i.e., taxes, insurance, maintenance, marketing, overhead, and interest) of the mortgagee if the property were not sold. All properties acquired under the City's NSP program must be at least 1 percent below the current market appraised value of the property. NSP funds may be used for a variety of eligible uses, which include: Establish financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties, including such mechanisms as soft-seconds, loan loss reserves, and shared-equity loans for low- and moderate-income homebuyers. 2. Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties. 3. Establishing land banks for homes that have been foreclosed upon. 4. Demolish blighted structures. Redevelop demolished or vacant properties. To implement these NSP eligible uses, the City is proposing the following NSP activities: NSP Acquisition/Rehabilitation and Resale -First Time Homebuver Program: This revised activity is two pronged. Under the first prong, the City will acquire and rehabilitate foreclosed and abandoned single-family and multi-family (e.g., condo and townhome) units and resell them to income eligible homebuyers. All acquisitions will be for at least 1 percent below the fair market value determined no more than 60 days prior to the offer to purchase. The final sales price will be no greater than the initial acquisition and rehabilitation costs, and rehabilitation costs may not exceed 75 percent of the acquisition cost. Under the second P-200 CITY COUNCIL STAFF REPORT DRC2008-00845R -CITY OF RANCHO CUCAMONGA February 17, 2010 Page 3 prong, the City will continue assist eligible participants in the originally approved NSP First Time Homebuyer Program. Under this activity, the City will provide up to $80,000 per unit as a silent second and up to $10,000 for rehabilitation costs towards the purchase of a home. Under the second prong of this activity, the City will continue to assist those persons who have prequalified under the original First Time Homebuyer Program, but have been unable to acquire a home to date. The City will close the application list as of February 26, 2010, and will continue to offer the soft second option to those homeowners who enter escrow prior to March 31, 2010. Those persons unable to enter escrow prior to March 31, 2010, will be allowed to purchase properties under the first prong; however, the soft second option will no longer be available. Based on available funding, NSP funding will assist in the purchase of approximately 15 foreclosed or abandoned homes. Note that this is the City's primary NSP funded activity and the budget may decrease should additional funds be needed to meet the funding obligations of the Acquisition, Rehabilitation, and Reuse -Affordable Housing Program. Staff recommends funding this activity $1,386,717. 2. NSP Acquisition/Rehabilitation and Reuse -Affordable Housing Program: The City will acquire and rehabilitate foreclosed and abandoned single-family and multi-family (e.g., condo and townhome) units and use them in cooperation with local non-profit housing developers (e.g., Northtown Housing Development Corporation, National CORE, House of Ruth, Foothill Family Shelter, etc.). Available funds will be used for the acquisition of a minimum of 2 homes, and provide any necessary rehabilitation (based on the availability of funds). The homes acquired through this activity will provide affordable rental opportunities for individuals and families earning at or below 50 percent of the AMI. Rents charged will not exceed Fair Market Rents, as published by HUD. Household rent cannot exceed 30 percent of the household monthly income. Title will be held by the non-profit and any assistance provided by the activity will be recorded as asilent-second, which will be repaid, along with any associated NSP funded rehabilitation costs, and will last for the duration of ownership by the non-profit group. Any funds received as program income (acquisition and rehabilitation funds) may be reutilized for the acquisition of additional housing units. The homes acquired under this program may be located in Census Tracts 22.03, 21.00, 20.04, 20.05, 13.04, 20.07, 8.12, 20.03, and 20.06, but locating within the southwest Cucamonga area (CT 21.00) is encouraged because of the concentration of lower income households. Staff recommends funding this activity $533,350. 3. Administration: This activity will provide the administrative capacity to implement the NSP program. The funding of administration activities may not exceed 10 percent of the NSP allocation. Administration activities will include: management of NSP activities, reporting program accomplishments, and coordinating rehabilitation activities. Staff recommends funding this activity $213,330. PUBLIC PARTICIPATION: As part of the CDBG program, the City typically provides a 30-day time period to solicit public comments. The City Council then holds a public hearing prior to submitting the Annual Action Plan or Substantial Amendment to HUD. To expedite the NSP process and to ensure the timely utilization of NSP funds, while at the same time preserving opportunities for public P-201 CITY COUNCIL STAFF REPORT DRC2008-00845R - CITY OF RANCHO CUCAMONGA February 17, 2010 Page 4 participation, HUD waived the requirement that we follow our citizen participation plan. HUD is shortening the minimum time for citizen comments and requiring the City's Substantial Amendment criteria to be posted on the City's website as the materials are developed. NSP guidelines establish that the City provides no fewer than 15 days for public comment, and require that, at the time of submission to HUD, the City post the Substantial Amendment on the City's website. Information related to this Substantial Amendment was published in the Daily Bulletin newspaper and posted on the City's website on February 1, 2010. The information included in the 15-day public comment period includes the attachment to this report. Respectful l~ydS~u bmitted, (: Jams R. Troyer, AICP Planning Director JRT:TG/ge Attachments: Exhibit A -Substantial Amendment to the Neighborhood Stabilization Program P-202 CITY OF RANCHO CUCAMONGA SUBSTAN7IALAMENDMENTTOTHE CITY'S NEIGHBORHOOD STABILIZATION PROGRAM (NSP) lurlsdiRion: City of Rancho Cucamonga NSP Contact Person: Thomas Grahn Address: 10500 Civic Center Drive Jurisdiction Web Address: http://www.ciNOfrc.us/dept plna.htm Rancho Cucamonga, CA 91730 Telephone: (9091477-2750 Fax: (9091477-2847 Email: tom. rahn ci ofrc.us A. AREAS OF GREATEST NEED Provide summary needs data identifying the geographic areas of greatest need in the grantee's jurisdiction. Response: The City of Rancho Cucamonga is situated in western San Bernardino County and is located within the Riverside-San Bernardino-Ontario Metropolitan Statistical Area (MSA). Within the geographic boundaries of this MSA there are two counties, San Bernardino and Riverside. Based on information contained in the 2000 Census there are 24 incorporated cities in San Bernardino County and 24 incorporated cities in Riverside County. A5 of January 1, 2009, the City of Rancho Cucamonga encompasses an area of approximately 40 square miles, contains 55,716 housing units, and has a population of 177,736 persons. California is anon-judicial foreclosure state, meaning that foreclosures do not occur under the supervision of the court, but with the mortgagee (the lienholder) filing of a recorded Notice of Defauk (NOD). The NOD is a public notification that the mortgagor (the borrower) has fallen behind on their monthly mortgage payments. If the mortgagor does not cure the default, or the loan is not renegotiated or replaced, then after a ninety day period the NOD is followed by a Notice of Trustee's Sale (HOTS). The Trustee's Sate is a public auction, cannot occur until 20 days after public notice, and anyone may place a bid, including the lender and any junior lien holders. The foreclosure process may be stopped if the default is cured 5 days in advance of the sale date. If no one bids and the foreclosure process was not stopped, title to the property reverts to the lender as REO (Real Estate Owned) property. In California, the typical foreclosure process takes at least 117 days. Substantial Amendment to the Neighborhootl 5[ablllratlon Program -Page 1 ~ANCHO C;UCAMUNGA P-203 Between July 1, 2007 and September 30, 2008 there were a total of 49,973 properties taken all the way through the foreclosure process in [he MSA (this includes 20,366 properties in San Bernardino County and 29,607 properties in Riverside County). As estimated by California Department of Finance figures, this represents 3.42 percent of all housing units for the MSA (2.97 percent in San Bernardino County.and 3.83 percent in Riverside County). ey way of comparison, this figure corresponds to 1 in 29 homes becoming REO during this period. Foreclosures have occurred throughout the City of Rancho Cucamonga, but are concentrated in certain areas. The US Department of Housing and Urban Development (HUD) has compiled data sets that include the following information: • Area unemployment rate, • Area average housing sales price decline (since the peak of the market), • High cost loan rate (mortgages with interest-only payment options, stated income mortgages, mortgages with high loan to value ratios, etc.) • The predicted 18 month underlying foreclosure rate; and • Housing units that have been vacant for at least 90 days. This data is available at the Census Tract Block Group level for the entire country. The data for Rancho Cucamonga was evaluated and a 10-step priority ranking for those Census Tracts most at risk of becoming blighted due to large numbers of vacant, foreclosed units was developed. A visual representation of these impacts is shown on the NSP Substantial Amendment Map, which plots the number of houses that have become RED as of November 2008. HUD Neighborhood Stabilization Program (NSP) data estimates that there are 37,709 loans with in the City, and that there are 2,373 units in foreclosure (a local foreclosure rate of 6.3 percent). HUD data identifies that between 2004 and 2006 there were a total of 33,927 loans made within the City, with 7,196 (21.2 percent) considered high cost loans. Within Rancho Cucamonga the distribution of homes in foreclosure occurs citywide. The following table provides a citywide listing of each census tract, the number of households, the number of mortgages, the number of mortgages in foreclosure, and the percentage of mortgages in foreclosure. Areas of the City with the highest need are situated in the southern and west-central portions of the City, with high concentrations occurring in the Southwest Cucamonga area. census TracN Location pot aof pin %in Households Mortgages Forttbsure foreclosure/ Foreclosure Rlsk Fartor" 1. 22.03 SouM of Foothill BOUlNard <aSt of POChester Avenue 481 131 12 9.3%/] 2. 21.00 SouM of Foothill BOUlevartl, wes[of Haven Avenue 8,530 5,113 399 Z8%/] 3. 20.Od North of Foothill Boulonrd, south of 19' Sheet, west of Hellman Avenue, east of Camellan Street 2,683 2,2]3 149 6.6%/] 4. 20.05 North of Foothill Boulevard, south of 210 Freeway, west of Haven,eazt of Hellman Avenue 6,995 4592 296 6.4%/] 5. 13.04 South pf8 Street west of Archibald Avenue 1,804 2,192 D9 8.2%/6 6. 20.W NarN Of FOOLhill, souM of 210 Freeway, east of Haven Avenue [o easterly Gry bounds excluding Terra vista) 5,881 10166 628 6,2%/6 7. 8.12 North of Foothill Boulevard, south of 19 9treeA west of Camellan Street 1,23] 95] 59 6.2%/6 8. 10.03 North of the 210 Freeway, we.R efB Street 4,336 2,8]9 ]S8 5.5%/6 9. 10.06 North of Foothill Boulevard, south of Base tine 0.oatl, east of Hav¢n, and west of ROCh¢st¢r AVMQl ITena Vista) 3982 3639 222 6.1%/4 10. 20.09 North o([he 230 Freewa ,Bart of Haven AVenu¢ 4,290 5,2]4 304 6.8%/4 11. 20.02 North Of [h¢ 210 Freeway, west of Naven Avenue, east of Beryl Street 3,039 2563 14] 5.7%/4 • RQfMte thQ attMhed NSP 5VC5fao6al AmendmQnt Map tefagraphiCrepr25anOlbO if lllQFa tOfLKIOFVIe 115k arQdS. '• Forecosure rkk u rated from 1 to 10110 representing the highest level) based an fallen home values, unemployment rates, percent of homes [hat are high cost loans, and the number of addresses vacant for at least 90 days, Substantial Amendment to the Neighborhood S[ablllzatlon Program -Page 2 P-204 B. DISTRIBUTION AND USES OF FUNDS Provide a narrative describing how the distribution and uses of the grantee's NSP funds will meet the requirements of Section 2301(c)(2) of HERA that funds be distributed to the areas of greatest need, including those with the greatest percentage of home foreclosures, with the highest percentage of homes financed by a subprime mortgage related loan, and identified by the grantee as likely to face a significant rise in the rate of home foreclosures. Response: The City of Rancho Cucamonga will prioritize the use of NSP funds first, to those areas of the City with the highest concentration of foreclosed and abandoned homes, and second, to those low moderate middle-income clientele (LMMC) who meet the income eligibility requirements for assistance. The use of NSP funds will be targeted to those Census Tracts with a high risk factor of foreclosure; this includes Census Tracts 22.03, 21.00, 20.04, 20.05, 13.04, 20.07, 8.12, 20.03, and 20.06. The funds will be used in two primary activities, plus program administration: 1) Acquisition/rehabilitation and resale to first time homebuyers; 2) Acquisition/rehabilitation and rental, in which 25 percent of the funds will be used to serve residents earning at or below 50 percent of the area median income in partnership with local non-profit housing developers; and 3) Administration of the program will not exceed 10 percent of the NSP grant and 10 percent of program income. NSP Acquisition/Rehabilitation and Resale -First Time Homebuyer Program - This revised activity is two pronged. Under the first prong, the City will acquire and rehabilitate foreclosed and abandoned single family and multi-family (i.e., condo and townhome) units and resell them to income eligible homebuyers. All acquisitions will be for at least 1 percent below the fair market value determined no more than 60 days prior to the offer to purchase. The final sales price will be no greater than the initial acquisition and rehabilitation costs; and rehabilitation costs may not exceed 75 percent of the acquisition cost. Under the second prong, the City will continue assist eligible participants in the originally approved NSP First Time Homebuyer program. Under this activity the City will provide up to $80,000 per unit as a silent second, and up to $10,000 for rehabilitation costs towards the purchase of a home. Under the second prong of this activity, the City will continue to assist those persons who have prequalified under the original First Time Homebuyer Program, but have been unable to acquire a home to date. The City will close the application list as of February 26, 2010, and will continue to offer the soft second option to those homeowners who enter escrow prior to March 31, 2010. Income eligible participants may not earn greater than 120 percent of the AMI as defined by HUD. The table (see page 12) shows these income limits as adjusted for family size. Additionally, all prospective buyers will be required to attend 8 hours of pre-acquisition HUD certified homebuyer counseling This activity will be Rancho Cucamonga's primary use of NSP funds. NSP Acquisition/Rehabilitation and Rental -Affordable Housing Program The City will acquire and rehabilitate foreclosed and abandoned single family and multi-family (i.e., condo and townhome) units in partnership with local non-profit housing developers for housing opportunities for those persons at or below 50 percent of the AMI. The NSP funds will be used in the acquisition of 2 or more homes, provide rehabilitation (depending on availability of funds), and provide the homes in partnership with local non-profit housing assistance groups. Title will be held by the non- profit, with asilent-second for the recapture of NSP funds should the activity cease or the unit be sold. All acquisitions will be for at least 1 percent below the fair market value determined no mare than 60 days prior to the offer to purchase. Substantial Amendment to the Neighborhood Stahilization Program -Page 3 P-205 NSP Administration Administrative of the program will not exceed 10 percent of the NSP grant and 10 percent of program income. C. DEFINITIONS ANO DESCRIPTIONS 111 Definition of "blighted structure" in content of state or local law. Response: The City of Rancho Cucamonga utilizes the definition of blight contained in California Heath & Safety Code Sections 33030 and 33031 (see page 13). 121 Definition of "af/ordable rents." Response: HUD's Fair Market Rent schedule for the Riverside-San Bernardino-Ontario MSA will be used to determine fair rents for the Housing Acquisition activity. Income limits for those persons at or below 50 percent of the area median income and at or below 120 percent of the area median income (see page 12). The identified income limits are based on 2008 income limits. These limits will be updated yearly at the release of revised income limits. 131 Describe how the Grantee will ensure continued affordabiliri for NSP assisted housine. Response: The continued affordability of those units acquired through the Housing Acquisition activity will be ensured through the entire period of affordability through monitoring, and following the specific HOME monitoring requirements as defined in 24 CFR Part 92. 141 Describe housine rehabilitation standards that will aoaly to NSP assisted activities. Response: Both of the proposed NSP funded programs will use the rehabilitation standards associated with the City's Home Improvement Program: • Building Code/Health & Safety Repairs-All rehabilitation projects must correct any pre-existing code deficiencies and/or health & safety related repairs needed including: preexisting construction done without City building permits (room additions, garage conversions, patio additions, etc). All pre-existing construction must be either brought up to code requirements and obtain approved building permits, or must be demolished as part of the rehabilitation project. • Lead Based Paint Hazards-A Lead-Based Paint test and a Risk Assessment are required on all rehabilitation projects to identify the existence and scope of any lead based paint hazards in the home. The standards of "Lead-Based Paint Poisoning Prevention in Federally Owned and Federally Assisted Housing" found at 24 CFR Part 35 apply. • Termite Repairs-A Termite Inspection Report shall be prepared for every home by a licensed inspector. The report should identify any termite or dry rot damage in the home as well as whether or not there are any active termite infestations. Any termite or dry rot damage shall be repaired due to the health and safety risk they pose to the structural integrity of the home. fumigation or other treatments recommended to eliminate any active termite infestations are required. • General Property Improvements -Once the cost of repairing all code deficiencies, health and safety items, lead based paint hazards, and termite repairs are completed, any additional program funding may be used to address general property improvements. General property improvements may include a wide variety of items such as painting, replacement of fixtures, replacement of cabinets and vanities, replacement of flooring, energy efficiency improvements, etc. General property improvements may NOT include any materials or items that are of a type and quality which exceeds Substantial Amendment to the Neighborhood Stabilization Program -Page 4 P-206 the standards for similar properties in the area, or that far exceed the basic standards of "decent, safe, and sanitary housing". The minimally acceptable standards may be found at 24 CFR 983.101 D. LOWINCOME TARGETING Identify the estimated amount of funds appropriated or otherwise made available under the NSP [o be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals or families whose incomes do not exceed 50 percent of area median income. Note: At least 25 percent of funds must be used for housing individuals and families whose incomes do not exceed 50 percent of area median income. Response: The City of Rancho Cucamonga will make a minimum of $533,350 available to individuals and families whose income does not exceed 50 percent of the area median income, as required by NSP guidelines. These funds are allocated to the Housing Acquisition activity funded through Activity 1712. E. ACOUISIilONS Br RELOCATION Indicate whether grantee intends to demolish or convert any low- and moderate-income dwelling units (i.e., 5 80 percent of area median income). If so, include: • The number of low- and moderate-income dwelling units (i.e., <_ 80 percent of area median income) reasonably expected to be demolished or converted as a direct result of NSP-assisted activities. • The number of NSP affordable housing units made available to low-, moderate-, and middle- income households (i.e., <_ 120 percent of area median income) reasonably expected to be produced by activity and income level as provided for in DRGR, by each NSP activity providing such housing (including a proposed time schedule for commencement and completion). • The number of dwelling units reasonably expected to be made available for households whose income does not exceed 50 percent of area median income. Response: The City does not propose utilizing any NSP funds for the demolition or conversion of any existing foreclosed or abandoned homes. Through the two proposed housing related programs, the City anticipates acquiring 2 homes under the Acquisition/Rehabilitation and Rental -Affordable Housing Program (available to persons whose income does not exceed 50 percent of the area median income) and 15 homes under the Acquisition/Rehabilitation and Resale -First Time Homebuyer Program (available to persons whose income does not exceed 120 percent of the area median income). F. PUBLIC COMMENT Provide a summary of public comments received to the proposed NSP Substantlal Amendment. Response: The City of Rancho Cucamonga Draft NSP Substantial Amendment was scheduled for City Council consideration on November 5, 2008, was made available for public comment on November 12, 2008 on the City's website, and was also announced in the Inland Valley Daily Bulletin newspaper. In accordance with NSP requirements, the draft NSP Substantial Amendment was posted on the City's website on November 12, 2008 for a minimum of 15 days of public review prior to submittal of the final NSP Substantial Amendment. No comments regarding the Draft NSP Substantial Amendment were received through November 26, 2008. Substantlal Amentlment fo the Neighhorhood Stabilization Program - Dage 5 P-207 The Substantial Amendment to the City's Neighborhood Stabilization Plan was scheduled for City Council consideration on February 17, 2010, was made available for public comment on February 1, 2010, and was also announced in the Inland Valley Daily Bulletin newspaper on February 1, 2010. Substantial Amendment to the Neighborhood Stablllzatlon Program -Page 6 P-208 G. NSP fNiORMAiION BY ACTIVITY 1) Activity Name: NSP Acquisition/Rehabilitation and Resale -First Time Homebuyer Program (Activity 1711) Z) Activitv Type: NSP Eligible Use - (A) Establish financing mechanism for purchase and redevelopment of foreclosed upon homes and residential properties and (B) Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon; CDBG Eligible Activity.- 24 CFR 570.201(a) Acquisition, (b) Disposition, and 570.202 Rehabilitation. 3) National Objective: Beneficiaries of the units acquired through this activity will be restricted to LMMC as defined in the NSP notice. All participants will be restricted to the income level at or below 120 percent of the AMI. 4) Protected Start Date: 12/01/2008 5) Projected End Da[e:06/30/2013 6) Responsible Organization: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact: Tom Grahn, (909) 477-2750, tom.grahn@cftyofrc.us 7) Location Description: The use of NSP funds will be targeted to those Census Tracts with a high risk factor of foreclosure; this includes Census Tracts 22.03, 21.00, 20.04, 20.05, 13.04, 20.07, 8.12, 20:03, and 20.06. The acquisition of homes in the southwest Cucamonga area (Census Tract 21.00) is encouraged due to the concentration of lower income households. 8) Activitv Description: This revised activity is two pronged. Under the first prong, the City will acquire and rehabilitate foreclosed and abandoned single-family and multi-family (e. g., condo and townhome) units and resell them to income eligible homebuyers. The final sales price will be no greater than the initial acquisition and rehabilitation costs; and rehabilitation costs may not exceed 75 percent of the acquisition cost. Under the second .prong, the City will continue assist eligible participants in the originally approved NSP First Time Homebuyer program. Under this activity the City will provide up to $80,000 per unit as a silent second, and up to $10,000 for rehabilitation costs towards the purchase of a home. Under the second prong of this activity, the City will continue to assist those persons who have prequalified under the original First Time Homebuyer Program, but have been unable to acquire a home to date. The City will close the application list as of February 26, 2010, and will continue to offer the soft second option to those homeowners who enter escrow prior to March 31, 2010. Those persons unable to enter escrow prior to March 31, 2010 will be allowed to purchase properties under the first prong; however, the soft second option will no longer be available. Any rehabilitation activities associated with these acquired homes will be coordinated through the City's CDBG funded Home Improvement Program. Once the home is acquired, the City will determine the priority of rehabilitation activity, and coordinate rehabilitation improvements with local contractors. Rehabilitation funds are not distributed to the program recipient, but are instead coordinated through the Cky program. All acquisitions will be for at least 1 percent below the fair market value determined no more than 60 days prior to the offer to purchase. substantial Arnendment to the Neighborhood Stabilization Program -Page 7 P-209 Income eligible participants may not earn greater than 120 percent of the AMI as defined by HUD. The table (see page 12) shows these income limits as adjusted for family size. Additionally, all prospective buyers will be required to attend 8 hours ofpre-acquisition HUD certified homebuyer counseling. 9) Total Budee[: The initial budget for this program is $1,386,717.00 providing funds for the Acquisition, Rehabilitation and Resale of foreclosed and abandoned homes and First Time Homebuyer assistance (up to $80,000) and rehabilitation funds (up to $10,000) for 15 units. Note that this is the City's primary NSP funded activity and the budget may decrease should additional funds be needed to meet the funding obligations of the Acquisition, Rehabilitation, and Reuse -Affordable Housing Program. SO) Performance Measures: The performance measurement outcomes will be measured by the total number of affordable housing units made available. This activity will assist in the purchase of a minimum of 15 homes to be occupied,by persons at or below 120 percent of the AMI. Substantial Amendment [o the Neighborhood Stabllixation Program -Page 8 P-210 1) Activitv Name: NSP Acquisition/Rehabilitation and Reuse - Affordable Housing Program (Activity 1712) 2) Activitv Tvpe: NSP Eligible Use - (A) Establish financing mechanism for purchase and redevelopment of foreclosed upon homes and residential properties and (B) Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon; CDBG Eligible Activity - 24 CFR 570.201(a) Acquisition, (b) Disposition, and 570.202 Rehabilitation. 3) National Objective: Beneficiaries of the units acquired through this activity will be restricted to LMMC as defined in the NSP notice. All participants will be restricted to [he income level below 50 percent of the AMI. 4) Protected Start Date: 12/01/2008 5) Protected End Date: 06/30/2013 6) Responsible Organization: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact: Tom Grahn, (909) 477-2750, tom.grahn@cityofrc.us 7) Location Description: The use of NSP funds will be targeted to those Census Tracts with a high risk factor of foreclosure; this includes Census Tracts 22.03, 21.00, 20.04, 20.05, 13.04, 20.07, 8.12, 20.03, and 20.06. The acquisition of homes in the southwest Cucamonga area (Census Tract 21.00) is encouraged due to the concentration of lower income households. 8) Activitv Description: The City will acquire and rehabilitate foreclosed and abandoned single-family and multi-family (e.g., condo and townhome) units and use them in cooperation with local non-profit housing developers (e.g., Northtown Housing Development Corporation, National CORE, House of Ruth, Foothill Family Shelter, etc.). Available funds will be used for the acquisition of a minimum of 2 homes, and provide any necessary rehabilitation (based on the availability of funds). The homes acquired through this activity will provide affordable rental opportunities for individuals and families earning at or below 50 percent of the AMI. Rents charged will not exceed Fair Market Rents, as published by HUD. Household rent cannot exceed 30 percent of the household monthly income. Title will be held by the non-profit and any assistance provided by the activity will be recorded as asilent-second, which will be repaid, along with any associated NSP funded rehabilitation costs, and will last for the duration of ownership by the non-profit group. Any funds received as program income (acquisition and rehabilitation funds) may be reutilized for the acquisition of additional housing units. Any rehabilitation activities associated with these acquired homes will be coordinated through the City's CDBG funded Home Improvement Program. Once the home is acquired, the City will determine the priority of rehabilitation activity, and coordinate rehabilitation improvements with local contractors. Rehabilitation funds are not distributed to the program recipient, but are instead coordinated through the City program. All of the foreclosed or abandoned homes acquired this activity will be minimum of 1 percent below fair market value. 9) Total Budget: The initial budget for this program is $533,350.00 (25 percent of Rancho Cucamonga's NSP allocation) assuming 100 percent financing by the City for the acquisition, rehabilitation and reuse of any acquired properties. Note that additional funds may he transferred from the Acquisition/Rehabilitation and Reuse -First Time Homebuyer program should additional funds be needed to meet this minimum program funding requirement. Substantial Amendment to the Neighborhood Stabilization Program -Page 9 P-211 10) Performance Measures: The performance measurement outcomes will 6e measured by the total number of affordable housing units made available. This activity will assist in the purchase of a minimum of 2 homes to be occupied by persons at or below 50 percent of the area median income. substantial Amendment to the Neighborhood Stabilization Program- Page 10 P-212 1) Activitv Name: NSP Administration (Activity 1710) 2) Activitv Tvpe: COBG Eligible Activity- 24 CFR 570.206 Program administrative costs. 3) National Objective: Beneficiaries of the units acquired through this activity will be restricted to LMMC as defined in the NSP notice. All participants will be restricted to the income level below 120 percent of the area median income. 4) Proiected Start Date: 12/01/2008 S) Proiected End Date: 06/30/2013 6) Responsible Organization: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact: Tom Grahn, (909) 477-2750, tom.grahn@citvofrc.us 7) Location Description: Rancho Cucamonga City Hall, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. 8) Activitv Description: Administration of the NSP grant. 9) Total Budget: $213,330.00 (initial funding equals 10 percent of Rancho Cucamonga's NSP allocation, additional funding may include 10 percent of any program income received). 10) Performance Measures: Administration of the NSP grant and assistance in the purchase and rehabilitation of a minimum of 17 foreclosed or abandoned homes. The timely submittal of the NSP Substantial Amendment application, and the timely reporting of program accomplishments in the Disaster Recovery Grant Reporting System (DRGR). Substantial Amendment to the Neighborhood Stabilization Program -Page l1 P-213 Income Limits: Applicable to the Riverside-San Bernardino-0ntario MSA 50%Area Median Income Limit (b household( 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON $23,300 $26,650 $29,950 $33,300 $35,950 $38,650 $41,300 $43,950 120%Area Median Income Limit (by household( 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON $55,950 $63,950 $71,950 $79,900 $66,300 $92,700 599,100 $105,500 Source: http~//www.huduser.ore/publications/commdevl/nsp.html, link: Data on the Income Limits applicable to the NSP. Yearly updates to the income limits are provided at: http://www.huduser.orR/datasets/ii.html. Substantial amendment tothe Neighborhood Stablllzadon Program- Page 13 P-214 CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33030 & 33031 33030. (a) It is found and declared that there exist in many communities blighted areas that constitute physical and economic liabilities, requiring redevelopment in the interest of the health, safety, and general welfare of the people of these communities and of the state. (b) A blighted area is one that contains both of the following: . (1) An area that is predominantly urbanized, as that term is defined in Section 33320.1, and is an area in which the combination of conditions set forth in Section 33031 is so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community that cannot reasonably be expected to 6e reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. (2) An area that is characterized by one or more conditions set forth in any paragraph of subdivision (a) of Section 33031 and one or more conditions set forth in any paragraph of subdivision (b) of Section 33031. (c) A blighted area that contains the conditions described in subdivision (b) may also be characterized by the existence of inadequate public improvements or inadequate water or sewer utilities. 33031. (a) This subdivision describes physical conditions that cause blight: (1) Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions may be caused by serious building code violations, serious dilapidation and deterioration Caused by long-term neglect, construction that is vulnerable to serious damage from seismic or geologic hazards, and faulty or inadequate water or sewer utilities. (2) Conditions that prevent or substantially hinder the viable use or capacity of buildings or lots. These conditions may be caused by buildings of substandard, defective, or obsolete design or construction given the present general plan, zoning, or other development standards. (3) Adjacent or nearby incompatible land uses that prevent the development of those parcels or other portions of the project area. (4) The existence of subdivided lots that are in multiple ownership and whose physical development has been impaired by their irregular shapes and inadequate sizes, given present general plan and zoning standards and present market conditions. (b) This subdivision describes economic conditions that cause blight: (i) Depreciated or stagnant property values. (2) Impaired property values, due in significant part, to hazardous wastes on property where the agehty may be eligible to use its authority as specified in Article 12.5 (commencing with Section 33459). (3) Abnormally high business vacancies, abnormally low lease rates, or an abnormally high number of abandoned buildings. (4) A serious lack of necessary commercial facilities that are normally found in neighborhoods, including grocery stores, drug stores, and banks and other lending institutions. (5) Serious residential overcrowding that has resulted in significant public health or safety problems. As used in this paragraph, "overcrowding" means exceeding the standard referenced in Article 5 (commencing with Section 32) of Chapter i of Title 25 of the California Code of Regulations. (6) An excess of bars, liquor stares, or adult-oriented businesses that has resulted in significant public health, safety, or welfare problems. (7) A high crime rate that constitutes a serious threat to the public safety and welfare. Substantial Amendment to the Neighborhood Stabilization Program-Page 13 P-215 a y ~ ~ N Q :j ~ {~ O S U ~ 6 ~ .may ~~ ~ N Q Q 2 a ~ u~ H ZS V i y ,~ ~. 3 .n ~ i S~ 1y1/n1 ~ •o^ 4 N (L Q Vl V TI W vi VI 3 O ~ O q~ Y +. ~ Ly t~ U Q' li ~ ~ ~+ ~ ~9 T~ Da c~ O Q 2 ~, N STAFF REPORT PLANNING DEPARTMENT RANCHO Date: February 17, 2010 CtTCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Donald Granger, Senior Planner Subject: CONSIDERATION TO INITIATE DEVELOPMENT CODE AMENDMENT DRC2009-00691 -CITY OF RANCHO CUCAMONGA - A request to amend Table 17.30.030 Use Regulations for Industrial Districts by removing Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and adding Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). RECOMMENDATION: Staff recommends that the City Council, through minute action, agree to initiate Development Code Amendment DRC2009-00691. BACKGROUND: On May'12, 2009, the Planning staff received a CondRional Use Permit (CUP) application for a human and animal crematory at 9546 Commerce Center Drive, within Subarea 6, adjacent to the Haven Avenue Overlay District (Exhibit A). Shortly after the Notice of Filing signs were posted, the Planning staff began receiving letters of opposition from the surrounding property owners, tenants, and businesses. On July 23, 2009, the applicant withdrew the application for the proposed crematory. Prior to the withdrawal, staff received a total of nine letters of opposition. The letters cite concerns over economic impacts (inability to lease nearby buildings), proximity of nearby food establishments and hospitality uses, and the impact a crematory will have on the high profile, Class A office buildings and corporate image. Although the application for the proposed crematory on Commerce Center Drive was withdrawn, the Planning staff began studying the land use regulations for General Industrial and Industrial Park Districts, which were established over 20 years ago. Since the initial adoption of the Industrial Districts land use regulations, the City has experienced a significant amount of commercial, retail, and office development, which has resulted in a dramatically different built environment than what existed at the time the existing land use regulations were adopted. Consequently, the Planning staff brought before the City Council an interim ordinance for their consideration to prohibit the establishment and/or operation of human and animal crematories in any land use zone within the City of Rancho Cucamonga until further analysis could be completed. On August 5, 2009, the City Council adopted a 45-day interim ordinance to prohibit the establishment and/or operation of human and animal crematories in any land use zone within the City of Rancho Cucamonga. As permitted under Government Code Section 65858, and following an advertised public hearing on September 2, 2009, the City Council extended the interim ordinance an additional 10 months and 15 days. The extension of the urgency ordinance maintains the current prohibition until August 2, 2010. Since the adoption of the P-276 P-217 CITY COUNCIL STAFF REPORT DRC2009-00691 - CITY OF RANCHO CUCAMONGA February 17, 2010 Page 2 initial urgency ordinance, and the subsequent extension, the Planning staff has been analyzing, researching, and evaluating the potential impacts that the establishment of a crematory for the disposition of human or animal remains may have on the surrounding land uses in order to find the most suitable location. Land Use Analysis Existing Land Use Composition: Subarea 14 is designated as General Industrial and covers an "L" shaped geographical area generally located east of the I-15 Freeway, north of 4th Street, west of Etiwanda Avenue and south of the Metrolink railroad right-of-way (Exhibits B and C). Subarea 14 is intended to serve the broadest range of industrial activities, typically including custom manufacturing, light and medium manufacturing, light and medium wholesale distribution, building contractdrs, and other uses that may need access to rail service. Subarea 14 is intended to serve as a buffer and transition from heavy industrial uses located to the north and east in Subarea 15. Existing land uses within Subarea 14 are primarily composed of manufacturing, distribution, warehousing, and contractors. Examples of existing businesses include Big Lots Distribution Warehouse; Nong Shim Noodle; RMA Group (Soils Engineering); Handlen Distribution Company (grocery); Champion Fire Systems (Fire Protection); Rancho Pacific Electric (contractor); Weber Distribution; Dearden's Warehouse and Trico Business Park. Currently there are no existing restaurants, hotels, or fast-food establishments in Subarea 14, nor are restaurants, fast-food, and hotel/motel uses permitted uses within Subarea 14. Subarea 14 has the following geographical attributes that, in staffs opinion, make it a good candidate to conditionally permit crematoriums for the following reasons: • No existing restaurants, fast food, or hospitality uses • No existing Class A Office buildings • Geographical location of Subarea 14 is adjacent to I-15, thereby providing a physical buffer from other sensitive land uses • Subarea 74 is adjacent to only one other Subarea (Subarea 15; Heavy Industrial) • Subarea 14 is adjacent to 4th Street and Etiwanda Avenue, which are arterials and provide a buffer for compatible land uses to the south (City of Ontario/Industrial) and east (City of Fontana/Utility Corridor) State Regulation and Permits State Department of Consumer Affairs Regulation: Crematories must be operated under the supervision of a Designated License Crematory Manager and require a permit from the State Department of Consumer Affairs (DCA), Cemetery and Funeral Bureau. Crematory managers are required to undergo a life scan background check for prior criminal activity and pass an exam demonstrating competency. Crematoriums are required to submit the following documentation to the DCA prior to being licensed: a permit from the Air Quality Management District (AQMD permit), the DCA license of the managing funeral director or crematory manager and fire permits from the Fire Department. Once licensed, a DCA inspector will visit the crematorium to inspect the equipment and verify that all the required licenses are in place. The DCA does an annual inspection, requires that the license be P-218 CITY COUNCIL STAFF REPORT DRC2009-00691 - CITY OF RANCHO CUCAMONGA February 17, 2010 Page 3 renewed on a yearly basis, and that all required documents are retained for 10 years. Education for operators includes both classroom and hands-on training. Operators receive certrfication from the equipment manufacturer and the Crematory Association of North America. Operational Analvsis Crematoriums range in square footage from less than 2,000 square feet to upwards of 5,000 square feet if other funeral services are provided. Facilities typically include an office area, file and record area, oven rooms, and sometimes refrigeration. Operationally, crematories fit well surrounded by custom, light, and medium manufacturing uses since the operation is clean, does not require exterior storage, does not produce noise, odors or vibration, and utilize building sizes that are common to industrial zoned land. Human and animal remains will arrive at the crematorium by unmarked vehicular transport, usually vans, and then transferred into the receiving area of the facility through roll-up doors. The number of employees depends on the size of the facility, and ranges from as few as 3 to upwards of B. If the body will not be cremated by the end of the day, the uncremated remains must be refrigerated, either on-site or off-site. The cremation process takes 2 hours. The chamber is then cooled and the cremated remains are removed. The Last phase is the collection of the fine particle matter. Cremation operation usually begins in the early morning and is completed by late evening. If demand warrants, cremation can occur 24 hours a day; however, this scenario is rare and does not occur for prolonged periods. Air Quality Analvsis Reoulations: Modern crematory equipment emits no smoke, odor, ash, or other nuisance emissions that would create an adverse impact. As noted above, permits are required from the South Coast Air Quality Management District (SCAQMD) and the State Department of Consumer Affairs, Cemetery, and Funeral Bureau. The permit process takes into consideration the crematorium's location and the type of equipment being used. If approved, the permit places limitations on the weight and/or quantity of bodies that may be cremated in a given period. SCAQMD also requires crematoriums to measure and record the temperature of each cremation and have those records available for review for two years. SCAQMD performs annual inspections and their permit must be renewed on an annual basis. Additionally, SCAQMD is the lead agency which investigates complaints regarding air pollution issues, including smoke and smell. The SCAQMD also requires records regarding the number of cremations performed. Emissions: Stacks to vent the heat from the oven chambers will be roof-mounted and are typically 4 feet in height. During the Conditional Use Permit (CUP) process, staff will require that either the proposed locations either have a parapet height that is equal to or greater than any stack(s). If a building does not have adequate parapet height, staff would then require the stacks to be enclosed with a screening material that is architecturally compatible with the building design. It is a common business practice for crematories to mount cameras on the stacks in order to permit the operator to ensure that the emissions are clean and that the equipment is operating properly. As part of the CUP entitlement process, the Planning Department would have a nexus to condition the mounting of cameras on stacks. P-219 CITY COUNCIL STAFF REPORT DRC2009-00691 - CITY OF RANCHO CUCAMONGA February 17, 2010 Page 4 Potential Adverse Imoacts/Mitigation: There are no significant impacts to air quality from the operation of modern crematoriums. Modern ovens utilize an afterburner, which ensures that emissions are compliant and odors do not occur. Modern retorts (ovens) utilize low carbon monoxide (CM) and nitrous oxide (NO,) burners, thereby emitting minute levels of CO and NO,. The only other emission from the stacks is heat. Business Outreach Planning made field visits to several existing businesses in Subarea 14 and presented an overview of the proposed text amendment. Staff visited a total of 6 freestanding buildings, all located on Santa Margarita Court. Staff explained the basics of a typical crematory, the operational characteristics, and presented an overview of the CUP process. Staff pointed out that if the text amendment were approved by the Council, any subsequent application to operate a crematory would include a public hearing and notification as part of the CUP process. Staff noted that notification would extend to all property owners within 660 feet of the proposed use. Following the presentation, staff inquired if there were any questions and queried business owners on whether or not they perceived a crematory would have an adverse impact their business or operation. The response of the businesses generally fell into one of the following three categories. For the businesses visited, tabulations for the three response categories are noted in parentheses: • No perceived direct negative impact; supportive if crematorium has minimal signage and emissions are properly managed: (4) • Open to a proposed crematory, but concerned about impact potential on property values and client relationships: (1) • Not supportive and perceived negative impact: (1) Subarea 14 Case Studv: Trico Business Park Trico Business Park is a 4.4-acre industrial park centered in the middle of Subarea 14, located in the 9300 block of Santa Anita Avenue, south of 6th Street. The project was approved in 2005 and completed in February of 2007. The original intent of the developer was to attract and lease units to small-scale "flex tech" companies (engineering, design, and research). Trico Business Park consists of four buildings totaling 61,500 square feet with 190 parking stalls on-site. The buildings are divided into 38 leasable units that range in size from 1,300 square feet to 2,500 square feet. The units are single-story and offer roll-up door access (Exhibit D). The size of the units and the rear roll-up door access make the units viable candidates for a potential crematory operator. Since the units are the right scale and layout for a potential crematory, staff contacted the property owner, Mr. Clarence J. Turner, Sr. of Trico Realty via telephone and discussed his company's business position on leasing to a crematory. Staff presented an overview of the proposed code amendment and modern crematory operation. Mr. Turner indicated that he owns and manages several properties in Southern California with diverse types of tenants, and that he is familiar with modern crematories and how they are a clean operation. Should the text amendment be approved, Mr. Turner responded that if he were approached by a crematory in the future, he would have no objection to leasing to a crematory. When staff inquired if Mr. Turner perceived that leasing to crematory would adversely affect his P-220 CITY COUNCIL STAFF REPORT DRC2009-00691 -CITY OF RANCHO CUCAMONGA February 17, 2010 Page 5 company's ability to attract and retain tenants at Trico Business Park, Mr. Turner indicated that it is his opinion that a modern crematory would not negatively impact his tenants. SUMMARY: The premise of a Conditional Use Permit is to ensure the compatibility of adjacent uses and separation of potential nuisance activities. If necessary, conditions may be imposed to provide adequate mitigation of any potentially adverse impacts on adjacent land uses. In the future, should an applicant submit an application for a crematorium during the CUP process and review for compliance with the California Environmental Quality Act (CEQA), staff will require that an Air Quality Analysis is performed by a qualified environmental consultant to ensure that all emissions are within acceptable levels of the SCAQMD. The air quality study will evaluate criteria pollutants to determine ff the levels exceed thresholds. Additionally, staff will include a condition of approval that requires that cameras are mounted on the stacks to ensure that the facility is operating properly and facilitate operator supervision. Staff is confident with the air quality analysis and any necessary conditions that a modern crematorium would not adversely impact adjacent properties. CONCLUSION: The Planning staff has been studying the land use composition of several industrial subareas and concludes that Subarea 14 (General Industrial) has strong potential to be a suitable location for the operation of human or animal crematories. If the Development Code Amendment to Subarea 14 is approved, any future crematorium would be subject to a CUP process and public hearing, and staff would require, prior to the hearing, that an applicant conduct public outreach to adjacent businesses and stakeholders in the form of a neighborhood meeting explaining the process in detail. Staff recommends that the City Council review the request to Initiate the Development Code Amendment with balanced consideration given to the existing land use composition of Subarea 14 and provide additional input as necessary. Initiating the proposed text amendment will permit staff to continue its analysis of modern crematoriums and the land use makeup of Subarea 14. Should City Council direct Planning staff to initiate the Development Code Amendment, staff will bring forward a Development Code Amendment to the Planning Commission for review and consideration. If the Planning Commission recommends approval, it will be brought to the City Council for final consideration and action. Resp tfully submitted, ~' Jame .Troyer, AICP Planning Director JRT: DG/ge Attachments: Exhibit A Exhibit 6 Exhibit C Exhibit D Exhibit E Subareas 4 and 6 Boundary Map Subarea 14 Boundary Map Subarea 14 Aerial Photo of Trico Business Park (9300 Santa Anita Avenue) Table 17.30.030: Proposed Code Changes to Use Regulations for Industrial Districts P-221 T '~ C N d L .~ V J EXH~~~ ~ „ P-223 ~' r t~ L .~ c~ G ~i~+ V 0 J EXl „~.,, ,. ..;, . .' '74!x' ~; -a y ~,.~ ~. ~:,, P-224 EXHIBIT D P-225 XHIBIT D-1 P-226 Rancho Qrcamunga Developmeru Code Sec/ion 17.30.030 Table 17.30.030 Continued -Use Reaulatinns fnr Inrlrr¢+rlol nl~.,a,.... USE TYPES LAND USE SUBAREAS IP GI HO 1 GI GI GI 2 3 4 GI IP 5 6 IP 7 GI B MUHI 9 •. .wr GI GI IP la 11 12 r.u GI 13 L11LrL GI HI 14 15 J IP 16 IP 17 MU/OS 18 CONINIERCIAL Atlult Entenainment AgrlcutturaUNurser S li 8 A A A A A A A A A A y upp es Services Animal Cere p p p p P p p p Automotive Flest Storage Automowe Fueling Services C C C C C C C C C P C C C C C C p Automotive Rental Automotive/Lighl Truck Repair-Minor Automotive/Truck R i M P p p p p P p P P P P P P P P P p p epa r - ajor Automotive Sal d L P C P P p P C C C es an easing Automotive Service C C C C C ourt Automotive Servlca St ti P P P P C P P P P Z a on Building Contractor's Office & Yartls Buildin Contr t ' S C P C P C p C P P C C C P P C P C C P C P P C Q d g ac or s torage Yard Buildin Mainten S i P P ~U g ance erv ces Buildin 8 Li ht E ui S P P P P P P ~ P P P P P P ll g g q pment upplies 8 Sales Business Supply Retail 6 Services Business Su ort Servi P' P P C P P C P C P P P P P C P P P C P C P P ~ p p ~W ,d pp ces Communic ti S i P' P C P P C P P P C P p p p p p N a on erv ces Convenience S l B S P P P p p P P P P P P p p p p p CO a es ervices Entertaimmenl Eztensrve Im act Com i C' C C C p p C C C C C C ~ C C C C C C C W 2 p merc al Fast Food Sale C C C C Q s Financial, Insurance 8 Real Estate Services Food 8 B l C' P P p C p C p C p C p C C C P C C C p p ~ N re e es nerel d Crem t S i ~ C' C C C C C C C C O ~ a ory erv ce 0 Heavy qulpmem Sale l ~ s enro s HoteVMotel Indoor Whole l !R ll C t P C C C P p C P C C P C p C LL sa e e e ommercial Laund Service C C C C C C C ¢ ry s MedlcaVHealth C S i P P P P P P P P are erv ces Personal Services Petroleum Protluct St P C' P C p P p P P P P P P P P C P P P P P P P s orage Recreation F iliti C C C C C C ac es Reoair Servi C C C C C C C P C C P p p ces Restaurants P P C P P P P P P P P C Restaur t ith B p p P P p P p p an s w ar or Entenainment S eciall Buildi S ll C C C C C C C p y ng upp os & Home Improvement Warehouse-SNIe R t ll M •• P P C e e archantlising C NOTES: IP -Industrial Park HO -Haven Avenue Overlay District GI General Industrial MI/HI -Minimum Impact Heavy Industrial HI -Heavy Industrial ' -Ancillary uses limited l0 20 percent of the floor area per Section 17.30.OBO.S.b. -Rater to Subarea 12 Special Consitlemtions for additional restrictions P - Permitted Use C -Conditionally Permuted Use ^ -Non-Marked uses not permitted A -Adult Entenainment Zoning Permit Required MUlOS Mixed Use/Open Space P' -Permitted with Master Plan approval for 35 acres minimum 17.30.6 11 /00 2.Q_ • EXHIBIT E ~1 ,~ ~--+ ^~ W ^~ W ^~ W W ~~ •~ .~ O a~ O ~ ^ W L .~ W O ~ U O U v 0 r r /~ =~ \w a~ /~ ~a m a--~ ~L L 0 Q ~..I U N 'Q > Q ~ (~ N ~ ~ ~ j U ~ ~ ~ 2 ~ ~ ~ o c~ U C 'a ~ a U Q ~ N O ~' N ~ (a U 0 Q O m N U N C C C O N U .Q N L .~ c U .Q Q O N C U C N L L (0 N c U U O O N U ~ ~ ~ ~ Q O c c~ N U C N c~ C ~L L .~. N N U U A A A A A N L ~--~ N C .~ ~--~ .~ C O ~ O L H ~ O >' N (6 .,.., ~ ~ ~ ~ ~ ~ ~ Q c~ c ~ ~ L O ~ O O C ~ O ~ L N U c '' ~-~ i ~, r 7 N C 0 0 J ,; V, ,~ C~ ~? ~1 ~ ~ .~. l ~-1 .a .~ C Q Q~ J d' r L co ~ ~ O ~ O ~ ~ ~ ~ N ~ ~ ~ ~ ~ ~ N O ~ ~ Q ~ ~ O ~ ~ ~ ~ ~ o U ~ ~ o c W U +r ~ -p C p N '~ (0 Q ~ ~ N . N fn N 0 i ~ (~ ~ `~ O (~ U a~ ° ~ • r `i ~ ` ^ L ~ ~ U U o ~ U ~ L ~' C ~ ., c~ ~ , O > ~ ~ C _ • t~ ~ O ~~ 0 ~ X ~ L Q > Q O ~ O O O ~ ~ N L ~ O ~ ~ ~ ~ U n Z o = U U c A A A A A A ~- L '~ VI Q C~ L +.+ 0 J c', " ~~ ,> ~, ~~ Ct ,~~, c O N ~ U O ~--+ cn ~ ~ '- C L O ~~ ~ ~ U o O p ~ ~ ~ ~ - ~ ~ ~ ~ c~ ~ o o ~ ~ a a ~ -~ ~ ~ L L ~ ~ ~ ~ U ~ ~ ~ O ~ ~ . ~ t (~ ~ (6 o ~ ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ N ~ N N ~ cn ~ ~ V c LL _ .~ Q C_ ~ Q N N L C •- i ~ L //yy ~ Q `^ n Q O A A A A A ~`; L ^^~ L.~L (/1 N O ~ Q _ • ~ ~ ~ _ ~ M W Q N O c `'- U ~ ~' • L C/) ~ ~ U O ~ . O 00 ~ ~ O ~ ~ C U .L O N ~ H ~ ~ O ~ O ~ v O N O O J ~ ~ ~ Q Q ~ O Q ~ ~ ~ _ ~ ~ ~ L O `~ .L ~ a U ~ N L ° }~ L Q (~ Q M ~ Q ~ J A A A A A C~ ~~ ~~ i C ~~ ~ ~ ~ m U_ ~L ~ ,~ . . '~~ ~V / W a. .•^~ V• ~ ~I I O U ._ ,~ ~.~ l --~- ~ ~ ~ ~-~ ~~,. ~ ~~ r _J _^~ V U ~.,h ~ c' ~~ 2 .iii i~~~ ~' (~ .p ~--~ ^~ i U C L N O A .-. Q D c D f~ Q ~U .~ C a~ f0 N ~~ p ~~ C ~ (0 ~ _O U~ C O U N Q c .p C (~ U `i •` O C O G A A A C O ~ O O -~ c a N U ~ U ~ ~ ~ C t6 N U ~ C ~ / ~ LL ,}^~ O1 ~ v, X O ~ O ~X N O ~ ~p U W Z ~ ~ A A A c U ~ A A c N - U ~ ~ C ~ O O ~ ~+ ~U ~ ~ ca ~ ~,.o ~ U L Q Q ~ ~~ '~ 3 C ~ O N O '~ ~ ~ o U `~ (0 ~ ~ ~ ~ ~ ~ ca ~ ^ L L LL 0 ~ ~ C O 3 '+J N ~ _~ ~> N c ~ ~ A A A P-227 MEMORANDUM CIT't' bfANAGER'S OFFICE RANCHO Date: February 11, 2010 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Fabian Villenas, Principal Management Analyst Subject: Approval of Resolution No. 10-033 Supporting the Local Taxpayer, Public Safety and Transportation Protection Act of 2010 RECOMMENDATION It is recommended that the City Council adopt Resolution No. 10-033 supporting the Local Taxpayer, Public Safety and Transportation Protection Act of 2010. BACKGROUND California voters have overwhelmingly passed separate ballot measures, including Proposition 1A, to dedicate local funding sources to essential local services and to prevent the State from shifting or raiding local government, transit and transportatior funds. Despite this, the State recently passed a budget that borrows and takes approximately $5 billion in city, county, transit, redevelopment and special district funds this year. For the City of Rancho Cucamonga, these actions resulted in a loss of $32 million in redevelopment funds and a deferral of payments of critical gas tax revenue. This year's raids and previous, ongoing state raids and borrowing jeopardize key services that local governments provide. These include police and fire services, road repair and maintenance, public transit, parks, libraries, and vital economic development and job creation projects. The Local Taxpayer, Public Safety and Transportation Protection Act, scheduled for the November 2010 statewide ballot, is a constitutional amendment that would: Prohibit the State from taking, borrowing or redirecting local taxpayer funds dedicated to public safety, emergency response and other vital local government services. The measure would close loopholes to prevent the taking of local taxpayer funds currently dedicated to cities, counties, special districts and redevelopment agencies. It would also revoke the State's authority to borrow local government property tax funds. Protect vital, dedicated transportation and public Vansit funds from state raids. The measure would prevent State borrowing, taking or redirecting of the state sales tax on gasoline (Prop 42 funds) and Highway User Tax on gasoline (HUTA) funds that are dedicated to transportation maintenance and improvements. It would also prevent the State from redirecting or taking public transit funds. Protect local taxpayers by keeping more of our local tax dollars local where there's more accountability to voters, and by ensuring once and for all that our gas taxes go to fund road improvements. The measure also reduces pressure for local tax and fee increases that become necessary when the State redirects local funds. P-228 APPROVAI.OP RESOLU'TTON NU. 10-033 SCPPOR'1'1NG THF.. LOCAL, T'AXPAYE R, PUBLIC SAPL'71' ANU PAGE 2 TRANSPOIYPA'CION PRO'f@CTION ACT OP 20t 0 ~HRUARY ll, 2010 By adopting this Resolution, the City of Rancho Cucamonga joins a growing number of cities, transit agencies, public safety advocates, and labor groups throughout California that have expressed their support for the Local Taxpayer, Public Safety and Transportation Protection Act of 2010, scheduled for the November 2010 statewide ballot. Respectfully Submitted, -='~-a~ __...~ M Fabian A. Villenas Principal Management Analyst Attachment: Sample Resolution P-229 RESOLUTION NO. 10-033 IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010 WHEREAS, California voters have repeatedly and overwhelmingly passed separate ballot measures to stop State raids of local government funds, and to dedicate the taxes on gasoline to fund local and state transportation improvement projects; and WHEREAS, these local government funds are critical to provide the police and fire, emergency response, parks, libraries, and other vital local services that residents rely upon every day, and gas tax funds are vital to maintain and improve local streets and roads, to make road safety improvements, relieve traffic congestion, and provide mass transit; and WHEREAS, despite the fact that voters have repeatedly passed measures to prevent the State from taking these revenues dedicated to funding local govenunent services and transportation improvement projects, the State Legislature has seized and borrowed billions of dollars in local government and transportation funds in the past few years; and WHEREAS, this yeaz's borrowing and raids of local government, redevelopment and transit funds, as well as previous, ongoing raids of local government and transportation funds have led to severe consequences, such as layoffs of police, fire and paramedic first responders, fire station closures, stalled economic development, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services; and WHEREAS, State politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when state politicians take or borrow these locally-dedicated funds; and WHEREAS, a coalition of local government, transportation and transit advocates recently filed a constitutional amendment with the California Attorney General, called the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, for potential placement on California's November 2010 statewide ballot; and WHEREAS, approval of this ballot initiative would close loopholes and change the constitution to further prevent State politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services, including redevelopment, or dedicated to transportation improvement projects and mass transit. THEREFORE, BE IT RESOLVED that the City of Rancho Cucamonga formally endorses the Local Taxpayer, Public Safety and Transportation Protection Act of 2010, a proposed constitutional amendment. BE IT FURTHER RESOLVED that we hereby authorize the listing of the City of Kancho Cucamonga in support of the Local Taxpayer, Public Safety and Transportation Protection Act of 2010 and instruct staff to fax a copy of this resolution to campaign offices at 916.442.3510. PASSED AND ADOPTED this day of , 2010 by the following vote: REDEVELOPMENT AGENCY, - FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA 1 C~~i,~a a~ FEBRUARY 17, 2010 THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE Addendum P. COUNCIL BUSINESS P2. CONSIDERATION FOR INITIATION OF A CITY COUNCIL APPEAL OF A PLANNING COMMISSION DECISION REGARDING CONDITIONAL USE PERMIT DRC2004-00326R AND ENTERTAINMENT PERMIT DRC2004-00327R - OMAHA JACKS. LOCATED AT 11837 FOOTHILL BOULEVARD, SUITE A - APN: 0229-011-39 (Oral Report)