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HomeMy WebLinkAbout1999/01/06 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. January 6,1999 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Counciimembers William J. Alexander, Mayor Diane Williams, Mayor Pro Tern Paul Biane, Councilmember James V. Curatalo, Councilmember Bob Dutton, Councilmember Jack Lam, City Manager James L. Markman, City At. torney Debra J. Adams, City Clerk City Office: 477-2700 City Council Agenda January 6, 1999 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on Tuesday, one week prior to the meeting. The City Clerk's Office receives all such items. 1. Roll Call: A. CALL TO ORDER Alexander , Biane Curatalo , Dutton and Williams B. ANNOUNCEMENTS/PRESENTATIONS Presentation of a check for $10,0(;)0 from the Friends of the Rancho Cucamonga Public Library. Presentation of a Proclamation recognizing the Friends of the Library for donating $200,000 for library materials and programs since 1995. Presentation of a Proclamation to inland Valley Daily Bulletin, congratulating them on their 1988 CALTAC Award for media support to public libraries and to the Library Telethon. C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. Theywill be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. Approval of Minutes: November 18, 1998 December 2, 1998 (Curatalo absent) December 16, 1998 (Special Meeting) December 16, 1998 Approval of Warrants, Register Nos. 12/9/98 and 12/16/98 and Payroll ending 12/10/98 for the total amount of $2,205,033.73. City Council Agenda January 6, 1999 2 Approval of Alcoholic Beverage Application for On-Sale Beer and Wine for Arrow Dell, Brian B. & Christine K. Woo, 10970 Arrow Rte, #101. Approval of Alcoholic Beverage Application for Off-Sale Beer and Wine for Rod's Texaco, Alifuad Abood Hussain, 8166 Foothill Blvd. Approval of request for waiver of Epicenter Rental Fees for the School Bus Roadeo to be held on April 16 & 17, 1999. Approval of a Resolution authorizing the destruction of City records pursuant to the City's Records Retention Schedule. RESOLUTION NO 99-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES Approval of a Resolution providing the City Engineer with authority to execute all right-of-way certifications required for Federally- funded projects or projects within State Right-of-Way. RESOLUTION NO. 99-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY' OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING THE CITY ENGINEER WITH AUTHORITY TO EXECUTE ALL RIGHT-OF-WAY CERTIFICATIONS Approval to Order the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for D.R. 98-04, located on the northeast corner of Base Line Road and Archibald Avenue, submitted by Retail Holdings, L.L.C. RESOLUTION NO. 99-003 A RESOLUTION OF THE CiTY COUNCIL OF THE CI'FY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AN[) 6 FOR D.R 98-.04 (APN: 1076-191- O9) 11 13 15 17 18 21 22 23 25 City Council Agenda January 6, 1999 10. 11. 12. Approval of Improvement Agreement and Improvement Security for Tract 14380, located on the north side of Wilson Avenue west of Etiwanda Avenue, submitted by Mastercraft Homes and General Electric Capital Corporation, and release of previously submitted Improvement Agreement and Improvement Security accepted by City Council on November 6, 1991, from Watt Inland Empire, Inc. RESOLUTION NO. 99-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP NUMBER 14380 Approval of Professional Service Contract (CO 99-001) for Plan Check service with Aufbau Corporation. Approval to appropriate $26,757.80 from the fund balance of Fund 22 to be placed into Account No. 22-4637-9817, approve the award and authorize the execution of the Contract (CO 99-002)for the construction of traffic signals and safety lighting at three intersections, to Computer Service Company in the amount of $424,468.00 ($385,880.00 plus 10%) to be funded from Transportation Development Fees from the following Account Numbers: $125,728..90 from 22-4637-9816 (signal at Rochester and Victoria Park Lane); $166,757.80 frorn 22-4637-9817 (signal at Highland and Carnelian); and $131,981.30 from 22-4637-9818 (signal at Rochester and Vintage). Approval to appropriate funds received from California Department of Aging Grant in the amount of $3,000 for Senior Citizen Outreach Services (CO 99-003) for FY 1998-99. 28 31 32 33 35 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. CONSIDERATION OF CODE AMENDMENTS REGARDING GRADING REVIEW AND TIME EXTENSIONS CITY OF RANCHO CUCAMONGA 69 City Council Agenda January 6, 1999 ORDINANCE NO. 594 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 15, CHAPTER 15.12 OF THE RANCHO CUCAMONGA MUNICIPAL. CODE REGARDING REVIEW OF GRADING PLANS AND SPECIFICATIONS ORDINANCE NO. 595 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY' OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING THE EXTENSION OF SUBDIVISION MAPS ORDINANCE NO 596 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 98-01, AMENDING SECTION 17.02.100 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, REGARDING LAPSE OF APPROVALS AND EXTENSIONS 69 72 76 F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. DEVELOPMENT CODE AMENDMENT 98-02 - CITY OF RANCHO CUCAMONGA - A request to amend the regulations for second dwelling units. ORDINANCE NO. 597 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT NO. 98-02, AMENDING SECTION 17.08.030, PERTAINING TO SECOND DWELLING UNITS REGULATIONS, AND MAKING FINDINGS IN SUPPORT THEREOF 78 96 City Council Agenda January 6, 1999 G. PUBLIC HEARINGS The following requirements. testimony. items have no legal publication or posting The Chair will open the meeting to receive public No Items Submitted. H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. No Items Submitted. I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. CONSIDERATION AND DISCUSSION OF THE PARK AND RECREATION COMMISSION'S RECOMMENDATION RELATING TO PARKING AT WEST BERYL PARK REPORT ON DOG BITE INCIDENT ~ VINEYARD JUNIOR HIGH SCHOOL 99 101 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. CONSIDERATION OF REQUEST BY HILLSIDE COMMUNITY CHURCH TO WAIVE FEES FOR SOAPBOX CLASSIC TO BE HELD MAY 31, 1999, AT THE EPICENTER SPORTS COMPLEX 107 City Council Agenda January 6, 1999 L. ADJOURNMENT MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS PROPERTY NEGOTIATIONS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON ETIWANDA AVENUE AND VICTORIA AVENUE; BRAD BULLER, CITY PLANNER, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that: a true, accurate copy of the foregoing agenda was posted on December 30, 1998, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. November 18, 1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 18, 1998, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:24 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams and MayorWilliam J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Mitch Slagerman, Sr. RDA Analyst; Jan Reynolds, RDA Analyst; Rick Gomez, Community Development Director; Brad Buller, City Planner; Tom Grahn, Associate Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Dan James, Sr. Civil Engineer; Jon Gillespie, Traffic Engineer; Bill Makshanoff, Building Official; Larry Temple, Administrative Services Director; Jim Frost, City Treasurer; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Paula Pachon, Management Analyst II; Deborah Clark, Library Director; Diane O'Neal, Assistant to the City Manager; Jenny Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Bob Corcoran, Fire Deputy Chief; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B 1. Recognition of Lewis Homes Management Corporation for support of the 1998 College Fair. Mayor Alexander recognized Paula Dempsey and the Community Services staff for their efforts on this project. Nettie Nielsen presented a plaque to Ms. Dempsey for her support of this program. The students also presented certificates to the staff involved in this program. B2. Mayor Alexander announced that the Chaffey Garcia House, located at 7150 Eftwanda Avenue, will have an open house this Saturday. City Council Minutes November 18, 1998 Page 2 C. COMMUNICATIONS FROM THE PUBLIC C1. Frank Williams, Chairman of the Affordable Housing Corporation in Rancho Cucamonga, talked about the newly created program. He stated there has been no government dollars contributed towards this. He stated the proper name for this is called "Housing Action Resource Trust (HART) which is a down payment assistance program. C2 Leonna Klippstein, Spirit of the Sage, commented on a letter that was faxed to the Council. She asked that the public comments be opened up on the Haven View Estates item. She commented on a letter that was written by Gerald Braden on October 29 from the Department of Community and Cultural Services. She felt the public should be allowed to give input about the Haven View Estates Item I1. She also handed to the City Clerk other documents which she wanted included into the record. C3. Malissa McKeith, Ginger Court, wanted to submit information to the Central Park Task Force and asked how this can be done. Rick Gomez, Community Development Director, stated the next meeting is scheduled for December 8 at 6:00 p.m. in the Tri Communities Room and she could distribute the information then. Ms. McKeith also inquired if anyone would be allowed to speak for the Haven View item. James Markman, City Attorney, stated they would be allowed to speak. Ms. McKeith stated she does have documents she would like to submit for the record regarding CEQA. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 10/28/98 and 11/4/98 and Payroll ending 10/11/98 and 10/25/98 for the total amount of $3,387,204.05. D2. Approval to receive and file current Investment Schedule as of October 31, 1998. D3. Approval to advertise for "Notice Inviting Bids" for the construction of landscaping and irrigation for the Haven Avenue Beautification Project between Base Line Road and Church Street, to be funded from Beautification Funds, Account No. 21-4647-9709. RESOLUTION NO. 98-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR · " THE "HAVEN AVENUE BEAUTIFICATION PROJECT, BETWEEN BASE LINE ROAD AND CHURCH STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Minutes November 18, 1998 Page 3 D4. Approval to advertise for "Notice Inviting Bids" for the construction of traffic signals and safety lighting at three locations, located at the intersections of Rochester Avenue at Vintage Drive, Rochester Avenue at Victoria Park Lane and Carnelian Avenue at Highland Avenue, to be funded from Transportation Systems Development Funds, Account Nos. 22-4637-9818, 22-4637-9816 and 22.4537-9817, respectively. RESOLUTION NO. 98-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THREE LOCATIONS" tN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to destroy records and documents which are no longer required as provided under Government Code Section 34090 and 34090.5. RESOLUTION NO. 98-206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES D6. Approval of graphic design for Senior Transportation Program. D7. Approval of funds in the amount of $1,308 from Account No. 01.4532-3900-4203-3602 for transfer of title for senior transportation bus from City to the Rancho Cucamonga YMCA. DS. Approval to appropriate $32,240 from Fund 28 - CDBG (A/C 28-4333-9106) for the construction of wheelchair ramps at various locations. D9. Approval of Improvement Agreement and Improvement Security for D.R. 97-43, located at the southwest corner of Arrow Route and Rochester Avenue, submitted by Schlosser Forge Company. RESOLUTION NO. 98-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENTAGREEMENTAND IMPROVEMENT SECURITY FOR D.R. 97-43 D10. Approval of Improvement Agreement and Improvement Security for Tract 14379, located on the north side of Wilson Avenue west of Etiwanda Avenue, submitted by Centex Homes, and release of previously submitted Improvement Agreement and Improvement Security accepted by City Council on November 6, 1991, from Watt Inland Empire, Inc. City Council Minutes November 18, 1998 Page 4 RESOLUTION NO. 98-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP NUMBER 14379 D11. Approval to execute a Professional Services Agreement with Crossroads Software (CO98-063) of Brea, California, for developing and providing a computerized traffic collision database and analyst system in the amount of $23,915.11 to be funded from California Office of Traffic Safety Funds, Account No. 24- 4637-9825. D12. Approval of Cooperative Agreement between Etiwanda School District (CO98-064) and the City of Rancho Cucamonga for street improvements on the north side of Summit Avenue from East Avenue to 1200 feet east of East Avenue. RESOLUTION NO. 98-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF THE COOPERATIVE AGREEMENT BETWEEN THE ETIWANDA SCHOOL DISTRICT AND THE CITY OF RANCHO CUCAMONGA FOR THE PROPOSED SUMMIT AVENUE STREET IMPROVEMENTS LOCATED ON THE NORTH SIDE OF SUMMIT AVENUE FROM EAST AVENUE TO 1200 FEET EAST OF EAST AVENUE D13. Approval of a Professional Services Agreement with L.D. King, Inc. (CO98-065) to provide preliminary design engineering services for Foothill Boulevard (State Route 66) median islands, from Grove Avenue to Vineyard Avenue in the amount of $58,900, and authorization of 10% contingency to be funded from Account No. 22-4637-9843. D14. Approval to execute Supplement No. 021 (CO98-066) of the State-Local Transportation Partnership Program Agreement No. SLTPP-5420 for the widening of the Burlington/Santa Fe Railroad Crossing on Arrow Route west of Milliken Avenue. RESOLUTION NO. 98-210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TO APPROVE SUPPLEMENT NO. 21 TO THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5420 AND AUTHORIZING THE CITY CLERK AND MAYOR TO EXECUTE SAID SUPPLEMENT NO. 21 MOTION: Moved by Dutton, seconded by Curatalo to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 5-0. City Council Minutes November 18, 1998 Page 5 No Items Submitted. E. CONSENT ORDINANCES F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION TO AMEND CITY ORDINANCE NO. 522 IN ORDER TO DELETE THE MANDATORY REQUIREMENTS FOR THE PROVISION OF TELECOMMUTING CENTERS AND ON-SITE VIDEO CONFERENCE FACILITIES, AND THAT NEW HOMES AND OFFICE BUILDINGS BE CONDITIONED TO BE EQUIPPED WITH CATEGORY 5 TELEPHONE CABLE OR FIBER OPTIC CABLE AS APPROPRIATE Staff report presented by Jon Gillespie, Traffic Engineer. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Mahlon Sampson, Cottage Ave., stated he does electrical contracting and he hoped there would be guidelines for developers for the requirements. He also asked who would be responsible for inspecting the Category V wiring. Joe O'Neil, City Engineer, stated there will be guidelines developed. He stated the inspections will be done through Building and Planning departments. Mayor Alexander stated he felt the Council should approve the guidelines. There being no further response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 522A. ORDINANCE NO. 522 A (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 98-03, AMENDING CHAPTERS 1708 AND 17.10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, REGARDING TRIP REDUCTION REQUIREMENTS, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Dutton to waive full reading and set second reading for December 2, 1998. Motion carried unanimously, 5-0. City Council Minutes November 18, 1998 Page 6 G. PUBLIC HEARINGS G1. CONSIDERATION OF ADOPTION OFAN URGENCY ORDINANCE AMENDING CHAPTER 10.68 OF TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE USE OF SPRUCE AVENE PARK SKATE FACILITY AND APPROVAL OF AN ORDINANCE AMENDING CHAPTER 10.68 OF TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE USE OF SPRUCE AVENUE PARK SKATE FACILITY Staff report presented by Kevin McArdle, Community Services Director. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No.414A (urgency). ORDINANCE NO. 414 A (URGENCY) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 10.68 OF TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE USE OF SPRUCE AVENUE PARK SKATE FACILITY, AND PROVIDING FOR ITS ADOPTION AS AN URGENCY ORDINANCE MOTION: Moved by Biane, seconded by Curatalo to waive full reading and approve Ordinance No. 414A (urgency). Motion carried unanimously, 5-0. Debra J. Adams, City Clerk, read the title of Ordinance No. 414B. ORDINANCE NO. 414 B (first reading) AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF RANCHO C UCAMONGA, CALIFORNIA, AMENDING CHAPTER 10.68 OF TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TOT HE USE OF SPRUCE AVENUE PARK SKATE FACILITY MOTION: Moved by Williams, seconded by Biane to waive full reading and set second reading of Ordinance No. 414B for the December 2, 1998 meeting. Motion carried unanimously, 5-0. H. CiTY MANAGER'S STAFF REPORTS No Items Submitted. City Council Minutes November 18, 1998 Page 7 I. COUNCIL BUSINESS I1. CONSIDERATION OF DEVELOPMENT REVIEW 98-13 ~ THE HEIGHTS AT HAVEN VIEW ESTATES, LLC - An appeal of a Planning Commission decision to approve a design review of the detailed Site Plan and building elevations for Tract 14771, consisting of 40 single family homes on 25.35 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located east of Haven Avenue and north of Ringstem Drive - APN: 1074-511-27 through 31 and 1074-621-01 through 35. (CONTINUED FROM SEPTEMBER 16, 1998) I1. Councilmembers Biane and Dutton excused themselves from the discussion and action of this item as was stated at the September' 16, 1998 City Council meeting. A recess was taken at 8:05 p.m. The meeting was called back to order at 8:20 p.m. with all Councilmembers present except Councilmembers Biane and Dutton. Mayor Alexander stated there was an 8 year old girl, Jenna Littlejohn, that passed away from a heart transplant that lives in this area. He stated anyone that wants to help towards this cause can make contributions to Sanwa Bank or Coyota Canyon School. James Markman, City Attorney, stated a staff report would not be given again, but that at the last meeting he asked for a settlement conference to try to settle this matter. He stated there was a process that was conducted. He felt it was productive, but has not concluded into settlement. He also stated some of the other ideas to pursue a joint review of the engineering studies for the debris basin levee issue did not commence. He stated he did enjoy the process and received everyone's input. He commented that per the Brown Act the public has the right to speak even though this is not a noticed public hearing or part of the administrative hearing. Mayor Alexander opened thE; meeting for public comments. Addressing the City Council were: Joseph T. Greer, Orange Avenue, distributed a map for the Council to see which showed the levee and the condition it was in. He felt people would be put in danger if the levee is eliminated. Malissa McKeith, Loeb and Loeb, stated she did not think the matter could be resolved in two months through the settlement process. She talked about a letter she sent to the Council and Mr. Markman regarding the safety issue, and stated she did not receive a response. She felt that they should continue through the settlement process and that the City should do a safety study. She felt the City has an obligation. She asked that this matter be continued tonight so that discussions can continue. She also mentioned she did not think the land was developable. Richard Stone gave a recap of what had happened over the last two months during the settlement negotiations. He stated if the developer wants to continue negotiations, they are agreeable to this. He asked that the City order the safety study. City Council Minutes November 18, 1998 Page 8 Kathleen Stockwell, 22792 Loren St., Mission Viejo and also a former resident of Rancho Cucamonga years ago, stated she is with a conservation group. She agreed a public safety study should occur. She stated she would like to see any information that proves the levee is safe. She talked about the earthquake faults that run through this area and the concern this has for her. She felt this area is very wealthy with habitat. She felt all aspects should be looked at before it is approved. Leonna Klippstein, Spirit of the Sage, stated she has resigned from being President of CURE. She stated Spirit of the Sage is not part of CURE. She talked about the various Acts relating to the species and wildlife in this area. She felt the property should be condemned to protect the residents and the wildlife at the Lauren property. She also had documents she described regarding the nat catcher. Frank Williams of the BIA reminded people that their homes were built by developers and builders. He stated he did not feel people should be putting down the building industry. 'He felt that if people live in an area and don't think it is safe, they should leave the area. He felt it was a real shame this developer has had to go through this. He asked that the Council let the property owners move forward with this project. Mahlon Sampson, 4965 Calico Court, stated this is not buildable land and that there is not a big developer that would build up in that area. He stated there has not been much discussion about safety issues over the last two months. Mayor Alexander asked if he knew the levee had already been disturbed when he bought the property. Mahlon Sampson stated "no" he did not know that. Joseph Stevens, 5067 Granada Court, felt if the project is approved the Council is putting the lives of people in jeopard,./. He asked that the project not be approved. Rex Gutierrez, 11021 Carlow Court, stated he did not see any reason why a safety study cannot happen by a third party. He felt possibly there should be a preserve in that area. He felt the Council should be prudent with this decision. He wondered if it was really appropriate for Councilmembers Biane and Dutton not to be voting on this. Bob Christiano, property owner, stated he was heartened to hear that CURE has no objection to the design of their homes because that is why they are all present at this meeting. He stated he was also heartened to hear that the judge in the CEQA issue made a determination that neither Lauren nor the City has done something wrong in their consideration of all of the issues that are involved in this matter. He stated the judge who reviewed this matter read over 60 pounds of submitted materials. He stated the offer is nowhere near where it should be. He stated if the project is approved for the design review, the other matter can be dealt with after that at any time. He continued to comment on some of the previous comments that had been made. He also talked about the maintenance of the road and the breech of the levee and stated this is in the CC&R's. He stated anyone moving into this community receives the CC&R's. He stated he hoped this matter would be decided this evening. City Council Minutes November 18, 1998 Page 9 Bruce Ann Hahn, 5087 Granada Court, stated there are natural hazards in this area and that she did not agree with Mr. Christiano. Tom Bradford, 5066 Granada Court, stated he is really concerned about the safety of this. He asked if the City would do a safety study. Mayor Alexander stated he wonders if the study has already been done. He felt the answer to this question was yes. Mr. Bradford felt a safety study should be done now. Maurene Sampson, 4965 Calico stated there is public access to their property. She felt the Council should rethink this. There being no further response, public comments were closed. Councilmember Williams stated the safety issue was a big issue with her. She at one time felt an independent study should be done. She referred to a letter from FEMA dated 8/19/91 and felt based upon their report, she is not concerned about the safety issue any longer. Councilmember Curatalo stated he has read mountains of paper on this and is ready to put closure to this. Mayor Alexander asked if the City has ignored any endangered species. Brad Buller, City Planner, stated no they have not. He stated they have technically done things according to CEQA. Mayor Alexander stated if he felt there was an issue of safety, he would not let this project go forward, but stated he does not think safety is an issue RESOLUTION NO. 98-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEALS OF A PLANNING COMMISSION DECISION APPROVING DEVELOPMENT REVIEW 98-13 FOR TRACT 14771, A DESIGN REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1074-511-27 TO 31 AND 1074-621-1 TO 35 RESOLUTION NO. 98-179 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEALS OF A PLANNING COMMISSION DECISION DETERMINATION THAT NO SUBSEQUENT ENVIRONMENTAL REVIEW IS NECESSARY TO DEVELOPMENT REVIEW 98-13 City Council Minutes November 18, 1998 Page 10 FOR TRACT 14771, A DESIGN REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1074-511-27 TO 31 AND 1074-621-1 TO 35 MOTION: Moved by Curatalo, seconded by Alexander to deny the appeal and approve the Planning Commission's recommendation by adopting Resolution Nos. 98-178 and 98-179. Motion carried 3-0-0-2 (Biane and Dutton abstained) Councilmember Dutton returned at 9:45 p.m. Councilmember Biane did not return due to illness. 12. PARK AND RECREATION FACILITIES UPDATE Ao PARKS & FACILITIES UPDATE 1. Rancho Cucamonga Family Sports Center 2. Rancho Cucamonga Public Library 3. Stadium 4. Spruce Avenue Park Skate Facility 5. Victoria Groves 6. Coyote Canyon Park 7. Red Hill Park 8. Lions Park 9. Spruce Avenue Park 10. Etiwanda Creek Park 11. Central Park 12. All Park Facilities COMMUNITY SERVICES UPDATE 1. Seniors 2. Teens 3. Youth Activities 4. Youth Sports 5. Rancho Cucamonga Family Sports Center 6. Adult Sports 7. Facilities 8. The Grapevine 9. Contract Classes 10. Community Wide Special Events 11. Proposed Boxing Program 12. Senior Transportation Program 13. Trips and Tours 14. Human Services 15. Park and Recreation Commission 16. Epicenter City Council Minutes November 18, 1998 Page 11 MOTION: Moved by Williams, seconded by Curatalo to receive and file the report. Motion carried unanimously, 4-0-1 (Biane absent). 13. REPORT ON SELECTION PROCESS OF VENDORS USED BY THE CITY Staff report presented by Larry Temple, Administrative Services Director. Councilmember Williams asked if there was something that could be established where bid information could be put in the Chamber News or other publications so that more awareness is out there for the vendors that might want to go through the bid process. Larry Temple, Administrative Services Director, stated yes. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Dutton stated he would like to have a report at the next meeting on Central Park because of questions that have come up and various comments that were made. Councilmember Williams felt it should go on the Internet as well. K. COMMUNICATIONS FROM THE PUBLIC K1. Councilmember Dutton stated he wanted everyone to know he takes his responsibilities as Councilmember very seriously and that he has got three opinions that told him he should not vote on the Lauren matter. L. ADJOURNMENT MOTION: Moved by Williams, seconded by Dutton to adjourn to executive session to discuss: A. POTENTIAL LITIGATION PER GOVERNMENT CODE SECTION 54956.9. B. PROPERTY NEGOTIATIONS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT ROCHESTER, BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE; JERRY FULWOOD, DEPUTY CITY MANAGER, NEGOTIATING PARTY, REGARDING TERMS OF PAYMENT. City Council Minutes November 18, 1998 Page 12 Motion carried 4-0-1 (Biane absent). No action was taken in executive session. The meeting adjourned at 9:57 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: December 2, 1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetinn A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, December 2, 1998, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:00 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Larn, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Linda Daniels, RDA Director; Rick Gomez, Community Development Director; Brad Buller, City Planner; Shintu Bose, Deputy City Engineer; Larry Temple, Administrative Services Director; Tamara Layne, Finance Officer; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Deborah Clark, Library Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; Jenny Haruyama, Management Analyst I; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was: Councilmember James Curatalo. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation to Assemblyman Fred Aguiar. Mayor Alexander presented the Proclamation to Fred Aguiar for his service to the City of Rancho Cucamonga while serving in Assembly District 61. Assemblyman Aguiar thanked the Council for this special recognition. He stated he has tried to get money from the state for after school programs and was successful. He presented the City with a check in the amount of $30,000 from the State of California. City Council Minutes December 2, 1998 Page 2 C. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. D. CONSENT CALENDAR Jack Lam, City Manager, stated item No. D4 needs to be corrected to read west of Etiwanda Avenue and not east of Etiwanda Avenue. D1. Approval of Minutes:: October 21, 1998 November 4, 1998 D2. Approval. of Warrants, Register Nos. 11/11/98 and 11/18/98 and Payroll ending 11/10/98 for the total amount of $1,495,505.13. D3. Act. Approval of a Resolution to adopt new trust requirements under the Small Business Job Protection RESOLUTION NO. 98-211 A RESOLUTION OF THE CIT'Y' COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING NEW TRUST REQUIREMENTS UNDER THE SMALL BUSINESS JOB PROTECTION ACT FOR THE CITY'S DEFERRED' COMPENSATION PLAN D4. Approval to appropriate $191,736.00 from Trust Account Fund No. 70-276-477 for undergrounding of the existing overhead utility lines along Highland Avenue ea~ west of Etiwanda Avenue in conjunction with Freeway Utility Relocation Project. D5. Approval of the Improvement Agreement and Improvement Security for street improvements at model site related to Tentative Tract 15072, generally located at the southwest corner of Rochester Avenue and Base Line Road, submitted by Lewis Development Co. RESOLUTION NO. 98-212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENTAND IMPROVEMENT SECURITY FOR STREET IMPROVEMENTS AT MODEL SITE, RELATED TO TENTATIVE TRACT MAP 15072 MOTION: Moved by Williams, seconded by Biane to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 4-0-1 (Curatalo absent). City Council Minutes December 2, 1998 Page 3 E. CONSENT ORDINANCES El. CONSIDERATION TO AMEND CITY ORDINANCE NO. 522 IN ORDER TO DELETE THE MANDATORY REQUIREMENTS FOR THE PROVISION OF TELECOMMUTING CENTERS AND ON-SITE VIDEO CONFERENCE FACILITIES, AND THAT NEW HOMES AND OFFICE BUILDINGS BE CONDITIONED TO BE EQUIPPED WITH CATEGORY 5 TELEPHONE CABLE OR FIBER OPTIC CABLE AS APPROPRIATE E1 and E2. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 522A and 414B. ORDINANCE NO. 522 A (second reading) AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 98-03, AMENDING CHAPTERS 1708 AND 17.1'0 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, REGARDING TRIP REDUCTION REQUIREMENTS, AND MAKING FINDINGS IN SUPPORT THEREOF E2. APPROVAL OF AN ORDINANCE AMENDING CHAPTER 10.68 OF TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE USE OF SPRUCE AVENUE PARK SKATE FACILITY ORDINANCE NO. 414 B (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 10.68 OF TITLE 10 OFTHE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE USE OF SPRUCE AVENUE PARK SKATE FACILITY MOTION: Moved by Dutton, seconded by Williams to waive full reading and approve Ordinance Nos. 522A and 414B. Motion carried unanimously, 4-0-1 (Curatalo absent). F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 98-04 - RANCHO CUCAMONGA REDEVELOPMENT AGENCY - A request to change the General Plan Land Use Map from Medium Residential (8-14 dwelling units per acre)and Civic/Community to Low-Medium Residential (4-8 dwelling units per acre) for 17 acres of land on the north side of Base Line Road, approximately 1,300 feet east of the intersection of Rochester Avenue- APN: 0227-091-18 through 21. Staff has prepared a Negative Declaration of environmental impacts for consideration. F1 - F4. Staff report presented by Alan Warren. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. City Council Minutes December 2, 1998 Page 4 RESOLUTION NO. 98-213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 98- 04, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE MAP FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) AND CIVIC/COMMUNITY TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE), WITH A MASTER PLAN REQUIREMENT, FOR 17 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 1,300 FEET EAST OF THE INTERSECTION OF ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0227-91-18 THROUGH 21 F2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 98-03 - RANCHO CUCAMONGA REDEVELOPMENT AGENCY - A request to change the Victoria Community Plan Land Use Map from Medium Residential (8-14 dwelling units per acre) and Community Facility to Low-Medium Residential (4-8 dwelling units per acre) for 17 acres of land on the north side of Base Line Road, approximately 1,300 feet east of the intersection of Rochester Avenue - APN: 0227- 091-18 through 21. Staff has prepared a Negative Declaration of environmental impacts for consideration. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 592 and 593. ORDINANCE NO. 592 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 98-03, A REQUEST TO CHANGE THE VICTORIA COMMUNITY PLAN LAND USE MAP FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) AND COMMUNITY FACILITY TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR 17 ACRES OF LAND LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 1,300 FEET EAST OF THE INTERSECTION OF ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-091-18 THROUGH 21 F3. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 98-05 - CITY OF RANCHO CUCAMONGA - A request to change the General Plan Land Use Map from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for approximately 6 acres of land on the north side of Base Line Road, approximately 1,100 feet east of the intersection of Rochester Avenue - APN: 0227-091-22 and 25. Staff has prepared a Negative Declaration of environmental impacts for' consideration. RESOLUTION NO. 98-2t4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 98- 05, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE MAP FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE), WITH A MASTER PLAN City Council Minutes December 2, 1998 Page 5 REQUIREMENT, FOR SIX ACRES OF LAND, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 1,100 FEET EAST OF THE INTERSECTION OF ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-091-22 AND 25 F4. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 98-04 - CITY OF RANCHO CUCAMONGA - A request to change the Victoria Community Plan Land Use Map from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for approximately 6 acres of land on the north side of Base Line Road, approximately 1,100 feet east of the intersection of Rochester Avenue and for 2 Y2 acres of land approximately 2,000 feet east of the intersection of Rochester Avenue - APN: 0227-091-22, 25, and 43. Staff has prepared a Negative Declaration of environmental impacts for consideration. ORDINANCE NO. 593 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 98-04, A REQUEST TO CHANGE THE VICTORIA COMMUNITY PLAN LAND USE MAP FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR 6 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 1,100 FEET EAST OF THE INTERSECTION OF ROCHESTER AVENUE AND FOR 2 ¼ ACRES OF LAND, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 2,000 FEET EAST OF THE INTERSECTION OF ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0227-091-22, 25, AND 43 MOTION: Moved by Biane, seconded by Williams to approve Resolution Nos. 98-213 and 98-214 and waive full reading and set second reading of Ordinance Nos. 592 and 593 for December 16, 1998. Motion carried unanimously, 4-0-1 (Curatalo). G. PUBLIC HEARINGS G1. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION REGARDING THE LA FOURCADE ARCH UNDER CUP 91-24 - MASl COMMERCE PARTNERS - A request to appeal the Planning Commission's decision in denying the change in location of placing the La Fourcade Arch on Building 5 - APN: 229-011-39. Jack Lam, City Manager, stated there has been a request by the applicant for this item to be continued for 60 days. He stated at this point, there is some belief that the issue will probably be resolved without the need for it to come back at all to the Council. He asked for the item to be removed from the agenda and that it will be readvertised should there be a need for it come back in the future. MOTION: Moved by Williams, seconded by Biane to remove the item from the agenda. Motion carried unanimously, 4-0-1 (Curatalo absent). City Council Minutes December 2, 1998 Page 6 No Items Submitted. H. CITY MANAGER'S STAFF REPORTS I. COUNCIL BUSINESS SELECTION OF TWO COUNCIL MEMBERS TO SERVE ON THE GENERAL PLAN REVISION I1. TASK FORCE Staff report presented by Rick Gomez, Community Development Director. ACTION: Councilmembers Biane and Dutton would serve on the task force. 12. CONSIDERATION OF A REQUEST FROM CITIZENS COMMITTED TO CHILDREN TO SUPPORT A BOND MEASURE FOR ALTA LOMA SCHOOL DISTRICT Staff report presented by Duane Baker, Assistant to the City Manager. Mayor Alexander opened the meeting for public comment. Addressing the City Council were: Gary Womack, Citizens Community Children, asked the Council to approve the Resolution so that a school can be built. Councilmember Dutton asked if the City could possible do a joint use agreement for the new school that is built. It was answered by someone in the audience that this was something that could be looked at. She stated there is dialog going on with the library about this also. Mayor Alexander read the Resolution in its entirety. RESOLUTION NO. 98-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN SUPPORTOF AGENEPAL OBLIGATION BOND FOR THE ALTA LOMA SCHOOL DISTRICT MOTION: Moved by Alexander, seconded by Williams to approve Resolution No. 98-215. Motion carried unanimously, 4-0-1 (Curatalo absent). 13. REPORT ON HISTORY OF CENTRAL PARK Staff report by Rick Gomez, Community Development Director. City Council Minutes December 2, 1998 Page 7 Councilmember Dutton reiterated what Mn Gomez had just reported stating the money for PD-85 was for Red Hill and Heritage Parks and that it could not be spent on Central Park unless it was to be voted on by the voters. Councilmember Dutton asked if the City disposes of the property within the first twenty years, would Lewis Homes have the first right of refusal on the property. Jack Lam, City Manager, stated yes. Councilmember Biane inquired about the boundaries of PD-85. James Markman, City Attorney, stated it covers about 1/3 of the City. He stated the proceeds of the district are very limited and specific as to how they can be used. Councilmember Biane inquired what the east and west boundaries are of PD-85. Rick Gomez, Community Development Director, stated to describe the boundaries you would need to exclude the area east of Haven from about Base Line and over, which are not part of the district. He stated the southern and western portion of the City are included. Councilmember Biane stated people west of Haven stated they had voiced to him they hoped they were not in the district having to pay for it when they do not have Central Park to enjoy. Councilmember Dutton stated the City knew as homes on the east side were built parks would be required to be built and paid for by assessment districts. He stated it was his understanding that in 1982 the Council at that time decided to look into developing Red Hill and Heritage Parks and that they knew parks would not be able to be built as they would be on the east side of the City since the west side was for the most part already built out. For that reason the Council decided to create PD-85 to pay for Red Hill and Heritage Parks. James Markman, City Attorney stated that was correct. Jack Lam, City Manager, stated it should also be noted that all of the neighborhood parks on the east side of Haven will also be developed through park dedication or park fee requirements of developers and the only park that was acquired on the east end was Etiwanda Creek Park which is still to be completed. He stated there was a push on this because the City got one of the last park grants the State was giving in 1986. He added the City had five years to use these funds which went into the first phase. Councilmember Williams asked how Etiwanda Creek Park maintenance is paid for. Jack Lam, City Manager, stated Etiwanda Creek Park is within another assessment district and those funds are us. ed for maintenance. Councilmember Williams stated she wanted to point out that this is not a City-wide assessment. Jack Lam, City Manager, stated that was correct, and that there is no one City-wide assessment district. City Council Minutes December 2, 1998 Page 8 Councilmember Biane felt there was a clause in the agreement with Lewis Homes that said the park was to have a City-wide benefit and if there was a tax going to be created to support the park it would have to be Citywide. Rick Gomez, Community Development Director, stated he was not aware of such a clause. James Markman, City Attorney, stated there could be a provision in the agreement that says the Terra Vista Planned Community would escape being singled out for the assessment. He stated everything he has read talks about this being of general benefit to the entire community without exception. Councilmember Biane stated he is concerned that people may not possibly want to pay for another assessment for parks if they are already paying into PD-85. Mayor Alexander opened the meeting for public comment. Addressing the City Council was: Malissa McKeith, 4993 Ginger Cour't, stated that people who bought homes in the Central park area thought they were going to have a park near them and still do think that. She hoped that people that fill out the survey will really think about this because those people should have a park. She inquired when the next task force meeting would be. Rick Gomez, Community Development Director, stated it would be December 8 at 6:00 p.m. in the Tri Communities Room. Councilmember Dutton read as follows in response to Councilmember Biane's question about the taxes from paragraph 18: "The City agrees that maintenance and operation costs of the property should be spread City-wide and will not be allocated solely to Terra Vista residents." J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K1. K. COMMUNICATIONS FROM THE PUBLIC Malissa McKeith, 4993 Ginger Court, on behalf of CURE, stated she wants to talk about the comments that were made last week by the BIA representative and Mr. Christiano particularly with respect to disclosure obligations relative to the earthquake seismic information. She stated she has had several phone calls from people since that meeting regarding this. She had information from MIT which she continued to report. She felt Mr. Christiano's comments created a lot of question in people's mind. City Council Minutes December 2, 1998 Page 9 L. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn to executive session to discuss Property Negotiations per Government Code Section 54956.8 for property located at Rochester, between Foothill Boulevard and Arrow Route; Jerry Fuiwood, Deputy City Manager, negotiating party, regarding Terms of Payment. Motion carried unanimously, 4-0-1 (Curatalo absent). The meeting adjourned at 8:00 p.m. No action was taken in executive session. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: December 16, 1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Special Meeting A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council was held on Wednesday, December 16, 1998, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 6:02 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curataio, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, Legal Counsel; Jerry Fulwood, Deputy City Manager; Rick Gomez, Community Development Director-; Brad Buller, City Planner; Bill Makshanoff, Building Official; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst II; Dave Moore, Recreation Superintendent; Deborah Clark, Library Director; Chief L. Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Police Department; Diane O'Neal, Assistant to the City Manager; and Debra J. Adams, City Clerk. B. ITEMS OF BUSINESS APPROVAL OF A RESOLUTION CERTIFYING MUNICIPAL ELECTION RESULTS RESOLUTION NO. 98-216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF RANCHO CUCAMONGA ON THE 3"D DAY OF NOVEMBER, 1998, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW Special City Council Meeting Minutes December 16, 1998 Page 2 MOTION: Moved by Dutton, seconded by Williams to approve Resolution No. 98-216. Motion carried unanimously 5-0. B2. ADMINISTRATION OF OATHS OF OFFICE - Oaths of Office will be administered by Superior Court Judge, Dennis G. Cole. Judge Cole administered the oaths of office to: Mayor William J. Alexander Councilmember James Curatalo Councilmember Diane Williams B3. SELECTION OF MAYOR PRO-TEM MOTION: Moved by Curatalo, seconded by Biane to select Diane Williams to serve as Mayor Pro-Tem. Motion carried unanimously 5-0. C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. D. ADJOURNMENT MOTION: Moved by Dutton, seconded by Curatalo to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 6:10 p.m. followed by a cake' and punch reception. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * December 16, 1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetin.q A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, December 16, 1998, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:33 p.m. by Mayor William J. Alexander. Present were Agencymembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Linda Daniels, Redevelopment Agency Director; Rick Gomez, Community Development Director; Brad Buller, City Planner; Dan Coleman, Principal Planner; Shintu Bose, Deputy City Engineer; Bill Makshanoff, Building Official; Larry Temple, Administrative Services Director; Jim Frost, City Treasurer; Diane O'Neal, Assistant to the City Manager; Chief Denis Michael, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Certificate of Recognition commending Jimmy Schafer and Amanda Bratvoid of Alta Loma High School for being selected to play in the Pasadena City Rose Bowl Band. Students from Alta Loma, Rancho Cucamonga and Etiwanda High Schools were present to receive certificates for being selected to play and march with the Pasadena City Rose Bowl Honor Band. B2. Presentation of a Proclamation commending the Pop Warner Panthers Midget Division and Braves Junior Midget Division on their Mount Baldy Conference Championship and the Pop Warner Eagles on its American Football Conference (A.F.C.) Division Championship. All the team members were introduced and certificates were given to everyone. A proclamation was also presented to Steve Wilkerson for his involvement with Pop Warner. City Council Minutes December 16, 1998 Page 2 C. COMMUNICATIONS FROM THE PUBLIC C1. Jay and Janice Jacobs of Alta Loma since 1990, stated their daughter was bitten by a dog at Vineyard Junior High School on October 24, 1998. Mr. Jacobs gave a summary of the people he has talked to about his concerns regarding this incident. Mayor Alexander offered to meet with him and to put this on the next agenda if Mr. Jacobs would like to. Mr. Jacobs stated he would like this to come back on the next agenda. D. CONSENTCALENDAR D1. Approval of Warrants, Register Nos. '11/25/98 and 12/2/98 and Payroll ending 11/18/98 for the total amount of $2,591,312.36. D2. Approval to receive and file current Investment Schedule as of November 30, 1998. D3. Approval and execution of a Cooperative Agreement (CO98-069) between the San Bernardino Associated Governments/San Bernardino County Transportation Authority (SANBAG) and the City of Rancho Cucamonga for the funding of the construction of the Highland Avenue Realignment and the construction of Day Creek Boulevard (Highland Avenue/Day Creek Boulevard Project). RESOLUTION NO. 98-217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF THE COOPERATIVE AGREEMENT BETWEEN THE SAN BERNARDINO ASSOCIATED GOVERNMENTS/SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF RANCHO CUCAMONGA FOR THE PROPOSED DESIGN, FUNDING AND CONSTRUCTION ADMINISTRATION RESPONSIBILITIES OF HIGHLAND AVENUE/DAY CREEK BOULEVARD PROJECT D4. Approval to authorize the Advertising of the "Notice Inviting Bids" for the construction of the Highland Avenue Realignment and the construction of Day Creek Boulevard from Highland Avenue to Base Line Road to be funded from Account No. 32-4637-9710 and Account No. 22-4637-9710. RESOLUTION NO. g8-218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF HIGHLAND AVENUE REALIGNMENT AND THE CONSTRUCTION OF DAY' CREEK BOULEVARD FROM HIGHLAND AVENUE TO BASE LINE ROAD IMPROVEMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Minutes December 16, 1998 Page 3 D5. Approval to declare Surplus Miscellaneous City-Owned Equipment. D6. Approval to appropriate $27,000 from the Data Processing Replacement Reserve to fund the Library's LAN Network project. D7. Approval of Parcel Map, Improvement Agreement and Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Parcel Map 15170, located on the east side of Hellman, north of Wilson, submitted by Hillside Cove Associates, LLC. RESOLUTION NO. 98-219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 15170, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 98-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 15170 D8. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract 15766, located on Base Line Road, approximately 800' west of Victoria Park Lane, submitted by R. C. Apartments L.L.C., a Developer. RESOLUTION NO. 98-221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP NUMBER 15766 RESOLUTION NO. 98-222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT MAP NUMBER 15766 D9. Approval of Improvement Agreement and Improvement Security for the Installation of a Master Plan Storm Drain System relating to Tract 14534-2, located in Victoria Park Lane, east of Rochester Avenue, submitted by William Lyon Homes, Inc., a California Corporation. City Council Minutes December 16, 1998 Page 4 RESOLUTION NO. 98-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR THE INSTALLATION OF A MASTER PLAN STORM DRAIN SYSTEM RELATING TO TRACT 14534-2 D10. Approval to reject all bids for the Rancho Cucamonga Civic Center Canopy Addition Project because the bids substantially exceed the Engineer's Estimate. D11. Approval to award and authorization for execution of Contract (CO98-070) for the construction of landscaping and irrigation for the Haven Avenue Beautification Project between Base Line Road and Church Street, to be funded from Beautification Funds, Account No. 21-4647-9709. D12. Approval to accept the Senior Center Parking Lot Expansion Project, Contract No.98-008, as complete, Release the Bonds, and authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of $157,761.95. RESOLUTION NO. 98-224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE SENIOR CENTER PARKING LOT EXPANSION PROJECT, CONTRACT NO. 98-008 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D 13. Approval to accept the traffic signal lighting at the intersection of Arrow Route and Red Oak Avenue, Contract No. 98-022, as complete, Release the Bonds, and authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of $119,373.00. RESOLUTION NO. 98-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRAFFIC SIGNAL LIGHTING AT THE INTERSECTION OF ARROW ROUTE AND RED OAK AVENUE, CONTRACT NO. 98-022 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D14. Approval to accept the Tapia Via Street Improvements, from Grove Avenue to Rancheria Street, Contract No. 98-012, as complete, Release the Bonds, and authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of $195,194.41. City Council Minutes December 16, 1998 Page 5 RESOLUTION NO. 98-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TAPIAVlA STREET IMPROVEMENTS, FROM GROVE AVENUE TO RANCHERIA STREET, CONTRACT NO. 98-012 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D15. Approval to accept the Spruce Park Skate Park, Contract No. 98-032, as complete, Release the Bonds, and authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of $120,079.80 RESOLUTION NO. 98-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE SPRUCE AVENUE SKATE PARK, CONTRACT NO. 98-032, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D16. Approve of the improvements, Release the Faithful Performance Bond, and file a "Notice of Completion" for improvements for PM 15074, located on the north side of La Vine Street 230 feet east of Hellman Avenue, submitted by Mr. Denning M. Perdew, Executor for the estate of John L. Perdew. RESOLUTION NO. 98-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 15074, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Dutton, seconded by Curatalo to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND.VICTORIA COMMUNITY PLAN AMENDMENT 98-03 - RANCHO CUCAMONGA REDEVELQPMENT AGENCY - A request to change the Victoria Community Plan Land Use Map from Medium Residential (8-14 dwelling units per acre) and Community Facility to Low-Medium Residential (4-8 dwelling units per acre) for 17 acres of land on the north side of Base Line Road, approximately 1,300 feet east of the intersection of Rochester Avenue - APN: 0227- 091-18 through 21. Staff has prepared a Negative Declaration of environmental impacts for consideration. E1 and E2. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 592 and 593. City Council Minutes December 16, 1998 Page 6 ORDINANCE NO. 592 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 98-03, A REQUEST TO CHANGE THE VICTORIA COMMUNITY PLAN LAND USE MAP FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) AND COMMUNITY FACILITY TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR 17 ACRES OF LAND LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 1,300 FEET EAST OF THE INTERSECTION OF ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-091-18 THROUGH 21 E2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 98-04- CITY OF RANCHO CUCAMONGA - A request to change the Victoria Community Plan Land Use Map from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for approximately 6 acres of land on the north side of Base Line Road, approximately 1,100 feet east of the intersection of Rochester Avenue and for 2 ½ acres of land approximately 2,000 feet east of the intersection of Rochester Avenue- APN: 0227-091-22, 25, and 43. Staff has prepared a Negative Declaration of environmental impacts for consideration. ORDINANCE NO. 593 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 98-04, A REQUEST TO CHANGE THE VICTORIA COMMUNITY PLAN LAND USE MAP FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE)TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR 6 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 1,100 FEET EAST OF THE INTERSECTION OF ROCHESTER AVENUE AND FOR 2 Y2 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 2,000 FEET EAST OF THE INTERSECTION OF ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-091-22, 25, AND 43 MOTION: Moved by Dutton, seconded by Curatalo to waive full reading and approve Ordinance Nos. 592 and 593. Motion carried unanimously, 5-0. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF CODE AMENDMENTS REGARDING GRADING REVIEW AND TIME EXTENSIONS - CITY OF RANCHO CUCAMONGA Staff report presented by Dan Coleman, Principal Planner. The City Council asked various questions about this item. City Council Minutes December 16, 1998 Page 7 Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Alex Cabral, Attorney for applicant, read a statement for the record which is on file in the City Clerk's office and was distributed to the City Council. He felt all projects should be heard on a case-by-case basis. He reported Riverside County and Fontana have already adopted this into their ordinances. Rick Ewing, Aliso Viejo, stated they are in the process of doing a plan modification. He stated they have run out of time to complete their final map and need more time. Kai Risen of Rancho Cucamonga felt if this is approved it would tie up the land just to allow the developer more time getting the project ready. He felt a developer should have to re-file their project when their time is up. There being no further comments, public hearing was closed. Councilmember Biane asked if there was something that could be done to only allow one year extension. James Markman, City Attorney stated page 90, subsection C in the packet could have a different number put in. Brad Buller, City Planner, stated the Planning Commission was adamant about a maximum of five years. Mayor Alexander stated he would like to see the time extensions given as long as they are reviewed. Councilmember Williams stated she felt the state should never have given the extension to three years because she felt the City might change their mind about what they would like to see for a certain area and that it might not be compatible with what is proposed for the area. Debra J. Adams, City Clerk, read the title of Ordinance No 594. ORDINANCE NO. 594 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 15, CHAPTER 15.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING REVIEW OF GRADING PLANS AND SPECIFICATIONS MOTION: Moved by Biane, seconded by Alexander to change subsection c on page 90 to state that an extension shall not exceed five (5) years as opposed to two (2), to waive full reading and set second reading for January 6, 1999. Motion carried unanimously, 5-0. Debra J. Adams, City Clerk, read the title of Ordinance No. 595. City Council Minutes December 16, 1998 Page 8 ORDINANCE NO. 595 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING THE EXTENSION OF SUBDIVISION MAPS MOTION: Moved by Dutton, seconded by Curatalo to waive full reading and set second reading for January 6, 1999. Motion carried 3-2 (Dutton and Williams voted no). Debra J. Adams, City Clerk, read the title of Ordinance No. 596. ORDINANCE NO. 596 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 98-01, AMENDING SECTION 17.02.100 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, REGARDING LAPSE OF APPROVALS AND EXTENSIONS MOTION: Moved by Dutton, seconded by Curatalo to waive full reading and set second reading for January 6, 199. Motion carried unanimously, 5-0. No Items Submitted. No Items Submitted. G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS I. COUNCIL BUSINESS I1. DISCUSSION OF CITY COUNCIL COMMITTEES, SUBCOMMITTEES AND COMMISSIONS Staff report presented by Jack Lam, City Manager. Mayor Alexander stated he did not think there was a need to go through this since it had recently been done after the June election. The Council concurred. City Council Minutes December 16, 1998 Page 9 MOTION: Moved by Williams, seconded by Curatalo to leave the subcommittees as was submitted. Motion carried unanimously, 5-0. 12. RECOMMENDATIONS OF THE SIGNAGE TASK FORCE Staff report presented by Brad Buller, City Planner. Councilmember Williams stated she hoped they will also go after businesses that put merchandise out in the parkways. MOTION: Moved by Williams, seconded by Biane to approve the subcommittee's recommendation. Motion carried unanimously, 5-0. 13. PARK AND RECREATION FACILITIES UPDATE A. PARKS & FACILITIES UPDATE 1. Rancho Cucamonga Family Sports Center 2. Rancho Cucamonga Public Library 3. Stadium 4. Spruce Avenue Park Skate Facility 5. Heritage Park Etiwanda Creek Park 7. Central Park B. COMMUNITY SERVICES UPDATE 1. Seniors 2. Teens 3. Youth Activities 4. Youth Sports 5. Rancho Cucamonga Family Sports Center 6. Adult Sports 7. Facilities 8. The Grapevine 9. Contract Classes 10. Community-wide Specia~ Events 11. Proposed Boxing Program 12. Senior Transportation Program 13. Trips and Tours 14. Human Services 15. Park and Recreation Commission 16. Epicenter Councilmember Williams stated Ruth Musser Middle School would like Kevin McArdle to come out to their school and speak to them about how they can help with the skate park. She said this is part of a leadership pro§ram they have. City Council Minutes December 16, 1998 Page 10 Kevin McArdle, stated he would be happy to do this. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Curatalo to recess to the conclusion of the Fire District meeting for an executive session to discuss: A. PROPERTY CLAIM SETTLEMENT PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT BERYL, BETVVEEN 19TM STREET AND HIGHLAND; LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, NEGOTIATING PARTY, REGARDING PRICE AND TERMS OF PAYMENT. B. PROPERTY NEGOTIATIONS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON ETIWANDA AVENUE AND VICTORIA AVENUE, NEGOTIATING-PARTY BRAD BULLER, REGARDING TERMS OF AGREEMENT The meeting recessed at 8:52 p.m. No action was taken in executive Motion carried unanimously, 5-0. session. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: ** ~635 ? .1785 b231 laao ~07 21o0~ ~0~ 33 Z0~99 ~0~93 ~772 ZlO~ ~zO0 21001 5J6 ~ ~0~a ~3 ~o~ 3F RANCH] CUCAMONGA LIST J~ wARRANTS PcRld2: 12-16-9B (98/99) RUN DATE: 12/16/'J8 PIGE: 1 NAME ITEM O~SCRIPIION WARR NO WARR. AMTo -~.~- CHECK# OVERLAP HAITEglNK ASPHALT PAVING. INC. ~-CR~ATION R~-FUND 13~]3~0 900.00 ((( I 34335 - 13~595 A ~ g PHOTOGRAPHY P~OTO C~VELOPING ~ SUPPLIES ~ 13~96 k D T SeCURelY S~RV[CES~ ZNC. ALARH S~RV~C~ 13AS97 2dZ.00 A-CO SANITATION EaUIPMENT RENTAL 134598 131.68 A. G. ENGIN~RtNu PROFLSSIONAL SERVICES 13~599 231.15 AdC LOCKSMITHS ~AINTENANCE SUPPLIES e 134000 ACTION ART RECREATION SUPPLIES 13~2 T60.72 AEF SYSTEMS CONSULT[NG~ ~NC. PROFESSIONAL SERVICES 13~603 A~RTOUCU C~LLULAR C~LLULAR ?HONE &[LL~NGS ~ 13~605 ALPHAGRAPH ZC S OFF~C: SUPPL ~S 136607 2~.99 AMERICAN 5USINL~S FJRMS O~FICL ~UPPLiLS 13~60& 502.55 AR~OR NURSERY INC. HAINTCNANCE SUPPLIES 136610 ZOb. S8 ASSOCIATED ENGINLLR~ PR~cSSION~L ~RVICtS 13~61~ ~ & K LLECT~[C WHOLESALL MAINTENANCE SUPPLILS ~ 134615 6~'~69.7~ BARNE~ ~ NOULE LIdRARy SUPPLi~ ~ 13~616 BA~LL[NE TRUE VALUL HARDwAge HAINT~NANCL SUPPLIES 13k017 ~AC~AH PU~LI~ING CO~P. k~CR:ATZON K~FUND 13~618 BELL ~ HOdELL P~FESS[ONAL S~RV~Ct ~345Z0 ~ELLSOUTH wIR~LLSS DATA COMMUNICATION CHA~GE e lAiEZl 4,172.98 6~T UUY CJ.~ INC. ~FIC~ SUPPLILS 1]~622 236.86 BLAK~ PAPER CO.s INC. ~CRE~TI~N SUPFLIES e 13~23 56.7~ 6LUNKt LAU~I~ RLCA~AT!gN R~FUNO 13~,,2e Z~.00 <<< 1 3~626 - 134020 BRODART ud~5 LIbRARV SUPPLICS ~ 13452? 1,T9~.5~ ~uDZAK, J~NNIFu~ gLCg~AIIJN R~FUNO 1.3~629 13.00 ~YRD ~NO i~SOCIAT~'J, INC. R.M. P~OFCSSION~L S~RVICES 134631 ]50.00 C.G.A. MAINT~NANC! ~UPPLI~S 13~532 C.H. PAXNTiNG PRO~ZSSIgNAL SSRV[CES X3e633 CAGLE'S APPLIANC~ 6USINc. SS LiCENSL REFUND 13q63q 36.00 CAL CDV~ P~uCT~ a~CREATI)N SUPPLItS ~ 13~&35 275.00 CALIFORNIA JGURNAL ~Ub~CRIPTION 134o3e 39.95 C~NTRAL CITIES ~[uN SLAV[CL ~A[NT~N~NCL 5UPPL[[S J 13~637 3,259.1Z CHAFFLY JOINT UNION H.S. DISTRICT RENTAL- AUDITrJdlUH R.C.H.S. 13~38 35.00 CHANEY, VlRulNia RECKrRTION REFUND 13~b39 1~.00 CITY RENTAL~ L~UJPHLNT AcNTAL/SUPPL[~ J 13~1 ~.00 CLAYTON~ JANiC~ C~PJ* ,~:TiN:, 13~4 100.00 RUN DATE: 1Z/16/)n PAGE: Z ITEM C~SCRIPTION W~RR NO WARR. ¥EN~0R NAME 134052 13,583.71 134653 ½9.~. 13465½ 41.50 134055 25,$00.80 134b56 ~,613.00 13~657 52.00 13~659 5~5.33 134600 ~5.71 13~6bl 13~b~Z 12~.74 1346~3 13~666 Zl.O0 13~B 1,577.17 13~669 16~.93 136670 10.00 1~46~1 1]~72 13,885.~0 13~673 47.52 13~7~ 38.00 1~8675 Zg.3Z 13~017 1,060.00 134G~8 >>> 1]~679 134680 ZO.00 134682 85Z.Z7 1346d3 134684 33J.~9 134635 76.60 134086 16~243.57 13~687 1~938.55 134~8 65J.65 ~34689 ]96.Z6 134690 341.55 1 3~691 u. O0 136692 160.93 134693 37.00 13~694 Z~12.50 13~695 13& 696 13~697 11.00 134696 IJ4o78 - 95 CuCAMONGA go wAT~g 313T MONTHLY wAT£R gILLiNGS ~4 DAISY wNL:L RI6BON COl INC OFFIL~ 5UPPLIEa 36517 OAYRIT, ROM¥ R~CREATION ~cFbND &O DELTA DENTAL DENTAL INSURANCE 105 DERBXSH GUgRRA L ASSOC. CONTRACT SEREICE J0518 DDPP, JOANNE ~ECRcATION R~FdNG · 7T ~ S R It INC. SDFT~aR£ SUPP~R/ FEES 3364 EIGHTH AVENUE GRAPHICS OFFItc SUPPLIES Z~Z ELECTRONICS WAK~H~U~E ~LLCTR3NIC ~UPPLI~$ ~167 ~LiTE pLR$CNL~L S~gVIC~S, INC. PLRSDNN~L SLR¥IC~5 lZSt ~LLLSs JAN~ ~LiM~U~S~McNT ~651V E~UIVEL, VILK; R:CR:ATZ~N R~FUNJ 2Z~ EWIN~ IRR!GATI£N PR3DU£T~ i~RIGATI3N SUPFL~:S ~ ~XCLU~VE LMAGLS ~FFICt SUPPLICS 3643~ FAHR~S, CH~I~TiN: RECREATION R:FUN~ ~762 FOOTHILL FAMILY SHLLT:~ PAMIL¥ SHLLT~R g~40 F~RD 3F UPLANd, INC. V~XCL~ MAINTENANCE 1082 FRANKLIN £C¥~Y C~. O[FIC: SUPPLIES 35520 GILLILAND, SUPHI RECREATION RLFUN~ 36521 GJERDE, LAURA R~CREATION REFUND 3JSd GOLDEN ~EAR ARaORISTS~ INC. PRbFESSIONAL ScR¥ICES 5955 GOLDEN wEST ~ISTRIL~TIN5 RLCg~TIgN CUPPLIeS 3o$2~ G3NZALEZ~ MARIA R~C~EATIJN REFUND ~b~Z~ GReeN ROCK Ga~;_NS, LN~. LUSIN~LS LICtNS~ REFUND 3O523 GRIMMs CYNTHIA ~C2LATI~N RLPUNG ~JeT GST T£LECOH CALIPgRqIA INT:RNET ~g~¥1CES ~37 GTE CALIFOKNIA M~NTHL¥ TELEPHONE ~ILLINGS .31091 MAOD8CK, LAURI£ PARKING CITATION Z~55 HAVEN WINE & LiqUOR C3. $UE-COMMIITEE MEETINGS ~6£ HCS-CUTLE~ STc[L CO. E~UIPMENT MAINTENANCE 4124 HI-WAY ~AFLT¥~ INC. MA[NT~NANC~ SUPPLIES 616 HIOHSM~TH COsINE. MAINTENANCE SUPPLIES ~gZ~ HOCKEY WEST RLCRcATION 4150 HOLIDAY PRINTING PRINTING OF THE GRAPEVINE ~5& HOLLIDA¥ ROCK C~.t INC. MAINTENANCE SUPPLIES 403~ HOME DEPOT CRLu/T S£RVIC~ MAINTENANCE SUPPLIES 1Z3~ HOSEMAN MA[NTENANC~ SUPPLIES 312~9 HUBBARD~ PHILLIP MiSC JX~98 HUNT~R, DONNA RECREATIGN ~95 HTORO-SCAPE PNJCUCTS~ INC LAN~SCAP~ MAINTENANCE SUPPLIES 03½ I C M A M6M~£RSHIP OURS 3136 INLAND EMP/Rt SOCCL2 R~F~RE6 ASSN. McN°S S3CCER PROGRAM ~08 INLAND MEUIATIgN oGAg£ LAKOLORD/T£NANT &iSPUIE RESDL. 9~ INLANO ¥ALLEY DAILY ~ULLETIN SUE~CRIPTI~NS 5110~ JiM;~[, KAThLeEN RECR£ATIO~ 3110~ dO ~L~T R~CKcATI~N CZTI OF RANCHO CUCAMdNGA LIST OF WARRANTS FCk ~ZRIUD: 12-1o-9a RUN DATE: lZ/l~/ga VENOOR NAME ITeM D£SCR[PTION ~ARR NO WARE. AMT. KADER, INTISAR A~DLL RARATSU, KASTEINER~ ELAINE KNOX POOPMAN B~0S. FUrNiTURe, INC. K~RANDA CONSIRUCT~ON KRAU~ CONSTRUCTION CO. L S A ASSOCIATES, INC. LAIRD CONSTRUCTION CU LANCEr SOLE & LUNGHARg LANDSCAPE W~ST~ ~1105 LARS DENN~RT 603a LECLA~, INC., ~79 LEWIS ~OMES ~864 LiL~URN CORPORATION 310~6 LIN* WEN S~UNu 31102 LIMDSa¥~ TORI 1~55 LONG°S 0RUGS 3~43~ LOS ANGELE3 UUS:r4E~ J~URN~L ~lOd9 MARiM~A & MOR~ 4727 MARSHALL PLUM~ ~G J10~4 MCCA~£ ~ CHRiSTIN: 3LlOO M~RINO, o02 METER, PAT 31067 MICHA~L*S SICRE ~ 13019 219a MICHAELS STO~ES INC. W~019 7*9 N~JAC ALAgk CCMPANT 4~7~ MOBILE STJRAG~ GROUP, ~11U1 M]M~£Rb, LiSA .. 31095 MORALES, SUCORRO 310~Z MUIRm TAMARA 2~46 NAPA AUTO FARTS 547~ NIGHTLINE SECURITI PATROL OFFICE OLPgT OMNITRANS ~RA~G~ COUNT¥ STRIPING SVC, INC. OWEN ELLCIViC PARAGON dULLbINC PR3CUCT~ PERVO PAINT CO. PICKENS FULL CORP. POMA ~IST~Lo~TING C~ P~AXAIR ~ISTR[SUT~GN, PRAXAIR DI~TRIcUT[CNt INC. PR~T£CTiON S~R~C~ INDuST2i:S PAUD6NTIAL C~ERALL SUPPLY PuTMAN, ~51 A & R AuTJHOT[¥. ~.~. Ct~FCK~ OVERLAP RECREATION 134699 13.00 Rg IMdURSEMLNT 134700 78.55 RFCR.r-ATION 134701 13.00 HA INTLNANCE SUPPLIES 134702 37.73 R~CR~ATION REFUNG 13~103 ~2.17 ~LEASE OF DgP~SiT 134705 1,000.00 PRGF~S~XONAL S~qV~CES e 134706 15p991.~9 PROFE~S~0NAL ~RViCES 134707 Z48.67 aU0~T SE~V~CES 13~708 1,~00.00 LANDSCAPE MAZNTEN~NC~ a I 3~709 10Z,5~9.03 RECReATiON 1347%0 13.00 REFUND ~EPOSI/ 134711 500.00 ~ECREA~IUN REFUND 13a712 Z96.31 REFUNU OF OEVELOPMENT FEES 13471~ 1,000.00 P~OF~ SSIONAL SERVICES ~ 13~71k 2p565.20 CL ~IM~ ] 3~ 71 5 311.ga ~cCREAT~ON 134716 ~.00 FILM P~C~SSIN~ 13471? 35.7Z 5u~SCRIPT[gN 13~718 39.95 6US~N~SS LICENSE 1~47~9 9.83 ~EH~6. PROGRA~ · 1347Z0 305.53 R~Cg[AT:Q~ 234721 2~.00 ~CREATIDN 134722 IZl.00 RE[M:~URS~MENT FOR 5UPPLL~5 134723 50.~0 RECHcAT~0N SUPPLieS e 134125 91.8o ALARM SERVLCL~ 1S4126 300.0 0 ~CREATION I 34729 13.00 RECRLATION 1347J0 47.00 <<( 13473% - 13~7J1 V~H~CL~ ~A~NT~NANC~ ~ 13473Z 939.15 S~CUR~TY SLRV~C~ w 13~733 10,13d.00 O~FZCf :UPPLZ[S ~ ~3~36 Z~8~9.46 dOS PA~SES 13~737 BUSINESS LICENSE 13~738 3,203.10 MA:NT:NANCE SUPPLtLS ~ 13~739 10,~30.16 CONCR:IL SUPPLIE3 13~7~0 13~.50 MAXNTSNANCL SUPPLILS a 134741 5,}s.a6 oUS~Nt:SS LLCLNS[ 134142 ~.0~ V~HICLC MAINTENANCE C SUPPLIES MA[NT/R.CR~A[I~N ~UPPLI[ S ~ 1~6744 100.00 E ~UIPM~NT ~:NT~L 134 ?~5 PgdTcCT~ :C2V:C=S-LI~NS CNTR MAINT zNANC6 SUPPLIES ~ 134747 91.0o WANo CCMFUT:R 5E~ViC~ 1~47~8 ~S.Z4 V=MICLL ~IA :NT, SUPPL I ~ SCS~V[C ~ m 13~750 PAGE: CITY 2f' R2NCHJ CUCAMJNGA Li~T ~F W~RkANTS NAME R 1. g LT, GHT[N:, R E T SPcC;.ALT¥~ RIV~R~XDE LLUdFR~T SAFeLITE GLASS S~N g~RNARGINa COUNTY S~N g~RNARgINQ COUNTY SUN SANIA F~ ~P~iNGS~ LITY dF SCHWAAG. [NC. SCLIN/JERR Y LDWARCS S~a~b TECh. FA[RCHILO T~LSCO/,I~ SIGN SH~Pp SIMON ~ SCHUSTER 5MART ~ FINAL Smll., PATRICIA .~NC S~ CALIP L~,ISON CO. S3 CAgIF GAS CO. 50 CALXF MUNICIPAL AT~IL~.TIC FeD, INC SdUTHERN CALIFORNIA LDTSON STEELWORK, RS OLDT~M:.RS FL~UNDATION STEELWOAKLRS OLDTIH~RS FOUNDATION SI[~ICYCL~. INC. SULLIVAN ~ G~ORGXNA SU [HERLAND. STtPHEN TARGET TECHNIC TERMZN~ INtERNATiONAL P 11189 TOWNSEND-S ANCHE:. RHONda ~!55 U.S. BANK TRUST ~l~d UNDERGRQUN~ S9C. ALERT ~F SQ. CALLF SbOl UNiqUe ~ANA~E~LNT ~SRVLCESt INC. lZZ6 UNITED PARCEL $~RVICE 11190 URBAN LiBRAR[~S COUNC[L 4114 VPD · 78 ~ARREN ~ CO.~ CaRL 11i91 WATER TEC~NdLdG~ TRAINING PROuRAMS w~ST COAST LIbeRTY SAFLS WESTERN PO~ER S~STL~ xCROX CORP dKA T I'JN ZO JOURNAL ~ ~EF -DICAL SERVICe :::.':: CHECKer OV~;~LAP HA iNTr. NANC: S ~.~VI£E/SUPPLIES 134751 U.A.R.=. SUPPLIES 13475Z gLCR~ ~TIO% SUFPLI~S m 13~153 ITb. 53 CMPLGV~-CITI ~ONTR[:~UTI 3N 1~7~ 500.O0 PLAN CHECK ~:RV[CE~ 134155 56GmOO0.00 PRINTS 13~756 212.Z7 M]NTHLY S~ViC= 134758 3.210,~0 CAL-ID PROL.~ ~ 13~159 lib.60 ~UBSC~IP TI~N 13~760 63.03 LITERACY PkdGkAH i34761 300.00 LIuRAAY SUPPLX~ S 13~76Z ~9.50 SUPPLIES 13~7o3 30.8Z ~EMBZR~HIP R[N{WAL~gd/99 13~764 100.00 T~LEPHCNE SERViCes ~AINT SUPPLILS 13~ 766 lo.16 L~eRARY SUPPLIE ~ 1]~767 10~.05 UAW CAMP SUPPLIng e 13~1~8 ~33.J0 R~C~CATION ~FUN~S I 3~769 3.00 <<< 134770- 13~770 >>> H~NTUL~ ELECTRIC ~ILLXNGS ~ 13~711 ~lj/dS.93 ~iG/~TRATIJN m 13477~ 100.OO M~NTULY ~LLCTR[C ~ILLS ~CR~AIION ~UPPLLcS 13~779 OLOTINLR~ FdUNDAT[ON 134781 666.G ~ SHARPS PRJ~RAM 13~78Z 2,970.1Z R~CR2ATION REFUNDS 13418J SO.00 CERT [NSTRUCTOR 13&78~ 100.00 WOUTH ~ROG~A~ ~ DAY CA~P SUPPC m 13~18~ 52.33 OFFICe SUPPLIES 13~786 Z~5.00 NdNTHLY P~ST CONTROL ~ERVICE ~ i34787 l,OT5.00 TO IT I,JN R~ INBURSEMCNT 13~788 IS0.00 RECREATION LgASE PAYMENT e 13~790 Zp875.00 UNDERbROUNU SERVICE ALERT 13~791 ZXZ.7S UPS SCRVICE 13~793 ZZ.00 SEMinAR ~GZSTRATLON 13~79~ LX~RARW SUPPL~E S ~ 134795 54.38 3USINESS LIC[NS~ REFUNDS 13~97 45.00 MAINT ~UPPLI~ t 13~79a ~5~.36 SAFL [3~7~9 ~5.00 WEST END KIDS PRO~RAM 134~00 le621.50 COHPUTER UPbRADE e 134301 165.00 SU3SCRIPTI JN 13~903 ~'~.00 RCCR[ AI~:JN SUPPLIES l~J~ ~O.Jl CITY OF RANCHO CU( ~A' LIST OF WARRAN,- FOR PERIOD: 12-09-98 RUN DATE: 1~/0~/~8 PAQE: VENDOR Ndg~ME ITEM DESCRIPTION WARR NO WARR. AMT. ## CHECKe OVERLAP 3016 RANCHO CUC~d'IQ'IOA POLICE DEPT REIMBURSEMENT 129550# 11,500. O0 <<C 129551 - 130579 103 I C M A RETIRrMENT TRUST-457 DEFERRED CONP 130580- 1,410. 00- <<< 130581 - 130657 103 I C M A RETIREMENT TRUST-457 DEFERRED COMP 130658e 1,428.00 33 BASELINE TRUE VAL~JE HARDI4ARE MAINTENANCE SUPPLIES # 133~- 126.63- CCC 133285 - 133887 2737 U.C. REOENTS POCKET QUIDE 133~S~ 432.00- ~117 EMPIRE I'10BILE HO!IE SERVICE PROFESSIONAL SERVICES # 134170 (<~ 134171 - 134192 158 I'~LIDAY ROCK CO., INC. MAINTENANCE SUPPLIER # 134193- 2, 100. 67- <<< 134194 - 134~12 6050 JOSEPH FILIPPI WINERY RECREATION REFUND 134213- 150 00- ((4 134214 - 134246 53~3 OMLOR, AMY COMMUNITY SERVICES ENTERTAINMT 134247 54.00- <<< 134248 - 1342~6 261 ~ BERI~DINO COUNTY PRINTING & MAIL SERVICES 134~7 35. 10- (~( 134298 - 134334 5593 W~LTON-CORTES, LIB~ RECREATIDN REFUNDS 134335# 54. O0 5903 SOt. IS, EDk~RD CONTRACT SERVICES 13433~- ~50. O0 CC( 134337 - 13433~ 5956 tO0~ SOCCER RECREATION SUPPLIES 134339 30.00 <<( 134340 - 134340 2732 ARC LOCKF~qITHS M&INTEN~E SUPPLIES # 134341 lO, 520~ 33 3070 ASS(]LUTE ASPHiM. T, INC. M~INTENANCE REPAIRS 134342 6.00 3785 ACTION ~RT RECREATION SUPPLIES 134343 20977 AL'S I'VE REMODELING BUSINESS LICENSE REFUND 134344 77.40 20994 ALTER, MICHELE RECREATION REFUND 134345 1000 2097~ ~JqECI PIZZA & PASTA IN & (~./T BUSINESS LICENSE REFUND 134346 ~2. 03 1430 AMERICAN BUSINESS FORMS OFFICE SUPPLIES 134347 1,546.75 6052 ~d'tERICAN CABLE ENTERTAINMENT ADVERTISINQ FEE 134348 633. 60 4450 ~MIERICAN LIBRARY A~BOCIATION OFFICE SUPPLIES 134349 492 ~MERICAN PLANNING i~M~OCIATION APA MEMSERSHIP DUES 1343~0 214.00 20982 AMERICAN WEST FINANCIAL BUSINESS LICENSE REFUND 134351 9. 80 20980 AMERICAN HGfiLD FINANCIAL OROUPo INC BUSINESS LICENSE REFUND 134352 14. 50 5206 ~dlS, INC. NEWSLETTER 134353 2,727. 16 20991 ANDERSON, 5HERYL SECURITY DEPOSIT REFUND 134354 200.00 5321 d~OLLO HOOD RECOVERY, INC. SUPPLIES & SERVICE # 1343~5 309. 41 2~99 ARROH TRAILER SUPPLIES M~INTENANCE SUPPLIES 1343~6 549.60 310 ARROt4 TRUCK BODIES & E~UIP INC M~INTENANCE SUPPLIES # 1343~7 817.82 6051 ARTWORK BY ~d~DRE RECREATION REFUND 1343~B 100.00 2437 ASSOCIATED GROUP, THE MONTHLY M~INTEN~NCE SERVICE # 134359 1, 535. O0 20981 ATCO TECHN~OQY, INC. BUSINESS LICENSE REFUND 134360 10. O0 3977 AUTODESK, INC. OFFICE SUPPLIES # 134361 6,678. 35 4102 B & K ELECTRIC WHOLES~LE MAINTENANCE SUPPLIES 134362 44. 63 6053 BARKER, DAVID BUSINESS LICENSE REFUND 134363 341.55 33 BASELINE TRUE V~M,UE H~RDW~RE M~INTENANCE SUPPLIES # 134364 286. 90 43~3 BELLSOUTH HIRELESS D~TA COMMUNICATION CHARGE # 134365 3,609.77 20983 BENCHMARK BUSINESS SYSTEMS, INC. BUSINESS LICENSE REFUND 134366 23. 50 lilly HF NANCItI! CUCANONOA' LI~! OF WARRANTS FOR PERIOD: i~-09-98 (98/99) RUN DATE: 12/09/98 PA~E: 2 VENDOR NAIfE iTEH DESCRiPTiON ~ARR NO HARR. AIIT. ee CHECK# OVERLAP 4441 BEST BUY CO., iNC. OFFICE SUPPLIES 1343~7 23. O0 20984 B~OTECH PLUS+ BUSINESS LICENSE REFUND 134368 4002 i247 BL~KE PAPER CO., INC. RECREATION ~UPPLIES 134369 2~. 07 b~b BL~IN, L.L.C., N.F. RECR~T]~ REF~D e 134370 155. 11 ~0992 B~IN, ~ RECR~T;~ REF~D 134371 20975 BRAD~, ~ CLA REi~BENENT 134372 94.97 134373 - 134373 4369 BRO~T B~S LiBR~Y 5~PLIES e 1~374 2,340.06 6054 B~1~88 PRE~B 8~RIPTI~ RENE~ 1~37~ 97 C~IF.P~K k RECR~TI~ ~IETY, INC REOIBTR~T[~ 13q376 747.~ 2098~ C~IF~HIA CHIR~TIC ~P~Y, I~. B~I~B8 LICE~E REF~D 134377 40. O0 43~6 C~IF~NIA ~ CBB ~INTE~E B~PLIEB 134378 29~. 4~8~ C~IF~N[~ TR~~ VEHICLE ~;NTE~NCE ~3437~ t, 59~. A7 1223 C~SE~E ~F[CE/~iNTE~E EQUiPHENT e 134~ b02t C~CO'S V~ET CLE~R5 RECREATI~ REF~D ~ 2~. O0 2~ C~FEY BE~FiT F~ RETiRE~NT P~TY e ~34~ ~.~ 20~78 C~EL Q. C~[CAT[~8, iNC. B~i~SB LICE~E REFUND ~34~3 40. ~90 C~E, RO~RT RECR~T[~ REF~D t~4 4~ CHEVR~ U B A. l~ OA~I~ CHAROEB 134~ ~7. 713 CHICK'B ~TI~ ~ I~ RECREAT]~ S~PLIES 1~ 20986 CHI~ PO]NT B~]NE~ LICENSE REFUND 134~7 ~0. ~9~8 CHirRS ~DZO B~B L]BR~Y SUPPLIES 134~ 19. ~0 74 CITY R~T~ E~[P~NT RENT~/S~PL[ES 1~ ~64. 44 4279 CL~K, DEB~ REi~gE F~ B~]NESS EXPENSE 1343~ 98. 2~79 C~i~ ~ECTRIC B~i~BB LICE~E REF~D 1~1 643 C~UTERL~ C~UTER M]NTE~E/~PLZES ~34~2 360.96 <~< 134394 - 1343~6 MONTHLY HATER BILLiNOS # 134397 BUSINESS L[CENSE REFUND # 134395 BUSINESS LICENSE REFUND 134399 BUSINESS LICENSE REFUND 134400 M~INTENANCE REPAIRS/SUPPLiES # 134401 OFFICE SUPPLIES # 13440~ PROFESSIONAL SERVICES # 134403 OFFICE SUPPLIES 134404 STRON~ NOTION FEE 13440~ PROFESSIONAL SERVICES # i34406 OFFlCE SUPPLIES 134407 VEHICLE HAiNTENANCE 134408 OFFICE SUPPLIES 134409 SUBSCRiPTiON i34410 BUSINESS LICENSE REFUND i34411 BUSINESS LICENSE REFUND 134412 C.E.P.E TRAINING 134413 BUSINESS LICENSE REFUND 1344i4 BUSINESS LICENSE REFUND I34415 REFUND 134416 RECREAT]UN RENTAL # 1344i7 PROFESS[ONAL SERV]CES # 134418 OFFICE SUPPLIES # 134419 85 CUCAMON~ CO H~TE.q DIST 10,732. 6040 CUCAMONgA FLOWER COI~ANY 183. i7 20987 CUC~3NQA PRODUCTS 34. ~0988 CUSTOM ~ET4M- FABRZCATI~IS 4282 D 7 QROU~, INC. 3,~.~0 4~4~ DATA2, INC. 756.87 ~121 DE VOOQHT, SCOTT d. 510.00 4366 DEHCO0 INC. ~51. 59 3909 DEPARTMENT OF CONSeRVATioN 5,943.00 4553 DESIGN HEST t07 DETCO ~0. S1 839 DIETERICH iNTERNATiONAL TRUCK ~809 DiETERICH-POST COMPANY 5744 DIRECT TV 36507 DISCOUNT LIGUOR H~REHOUSE 4a. 70 36508 DOUBLE CRANE ENTERPRISE (USA) CO. 44. 75 36509 DOUGLAS BEAMAN ASSOCIATES 50. O0 36510 DSR COMPANY 37. 56 36511 DUTTON & ASSOCIATE~, INC. 12. 50 5889 DUTTON, BOB 341. 779 E-Z RENT8 1,311.~ 5916 ED BUILDING MAINTENANCE 8,360.00 3364 EIGHTH AVENUE GRAPHICS ,I ,I -1 .I ,I -I ,I ,I ,I ,l I CITY OF RANCHO CU, JNGA LIST OF WARRANTS FOR PERIOD: 12-09-98 ,! RUN DATE: 12/0~/~8 PAGE: 3 VENDOR NId'IE ITEM DESCRIPTION WARP NO WARP. AMT. 1258 ELLIS, 5137 EIqPIRE IIOB!LE HOHE SERVICE 5137 EMPIRE HOBILE HOHE ~ERVICE 229 EWI~ IRRIO~TI~ ~t7 FASTE~ C~Y 36~12 FI~ER HILLS, l~. 36411 F~T~E 1082 FR~LIN C~EY CO. 744 F~ELECT 49~0 Q~E RE~E~CH, I~. 335& Q~CIA, VIVI~ 335~ G~CIA, VIVI~ 1254 GENER~ BINDI~ C~P~ATI~ 3~14 QL~E, S~DY 124~ G~VES 137 6029 31075 6044 31079 462 4928 48~2 103 2927 ~BB2 310bb 3107b 38S~ 4710 1~41 31000 4822 1218 4764 310S2 31070 310b~ OTE C~d_ I FORNIA OTE DIRECT~IES .~M. ES CORPORATION OTR TR/d~PORTATION CORPORATION H · R BL~K TAX ~V[CES, INC. ~PY ELVES DEC~ATI~ ~V~ ~T C~ RE~T~T ~5-CUTLER STEEL ~L;D~Y R~K CO. ~YT L~ CO., B. HY~O-~E PRO~TB, I C'H A RETIRE~ ~T-4~7 [.C. BO. · [C~ RETIRE~NT TROT' 40~ [NDEPE~ENT ~DER OF F~ESTER8 [NDEPE~ENT P~B~D C~ERT[~ i~D L~R I~D T~ ~iL H[XEB I~D V~LEY DA~LY B~LETIN J~N DIV[81~ ~ TEXTR~, iNC. K A R. C~TR~TI~, [~. K~ATSU, ROBERT KELLY, KRIETY K~I I~9E l~. LAB~AT~Y C~P. OF ~RICA LANOER, CAHER~ LEAOUE OF C~IF~N~A CITIES LEAOUE OF C~[F~N[A CITIES LEG~ DEFENSE F~D CHECK# REIHBURSEHENT PROFESSIONAL SERVICES PROFESSION/d- SERVICES IRRIOATION SUPPLIES HAINTEN/~qCE SUPPLIES BUSINESS LICENSE REFUND RECREATION REFUND DUES /~D SUBSCRIPTION OFFICE ~PLIES DEFERRED C~ ~ILEAGE REIHB~SE~NT HILE~QE ~INTE~E ~UPPLIE~ RECREATI~ REF~D LEQI~ATIVE SERVICES B~INESS LICENSE REFU~ ~T~Y TELEP~E BILLINQ~ B~!~SS L!CE~E REFUND ~ZNTE~E ~PL;EB B~I~SS LICENSE B~IESS LiCE~E REFUND B~I~SS LICE~E E~IP~NT ~INTE~CE RECREATI~ ~!NTE~E B~PLIES ~ILEAQE REIHB~BE~ENT ~INT~E $~PLIEB L~E ~NTE~E 8~PLIES DEFERRED HE~ER~IP FEE6 01 RECRE~TI~ B~INESB LICENSE V~IC~E ~[NTE~NCE ~[NTE~E 8~P~[E6 ~[NT B~[NESS LICENSE REi~S~ENT RECREATI~ PRQFESB[~ BERV[CEB ~[NTE~E RECREAT[~ BUSiNES6 LICENSE RECREATION RECREAT[~ ANNUAL ~U~ DUES RECREAT[~ REFUND OVERLAP 134420 34. 61 134421 4, ~99. O0 134422 4, ~00. O0 134423 347. 134424 194. O0 13442~ 7. 49 t 34426 10. O0 134427 29. 20 ~ 34428 99&. 1 1344~ ~, 1 ~0. O0 1344~ 1 ~4. 77 1~43~ ~. 44 134432 37. 41 ~ 34433 90. B& ~ 34434 ~ O. O0 ~3443~ 2, 3~. O0 1~436 6.21 ~344~ 4, ~94. 1~4~ 46 O1 1 ~4440 ~, 070. O0 ~3444~ 10. ~ 1~444 20, 61 13444~ 146. 134446 3, 064..~7 t 34447 87~ 4 ~ ~448 4~. 08 134449 BIB ~4~ 710, ~ t 34451 195. ~ l~4~R 6, 944. 7t ~344~3 2~. ~ 1344~4 69. 47 1344~5 376. 1344~6 B6~ 20 1344~7 ~, 929. 3~ 1344~B 1~. 41 1344b0 22. 49 1344~1 75. O0 134462 7,080. ~ 134463 323. 4 ~ 34464 3~4. 71 1~46~ 16. 21 134466 104, O0 134467 2~, O0 134469 10. ~ 134470 203. 70 # C|IY OF RANCHO CUCAMONQA' LIST OF WARRANT8 FOR PERIOD: 12-09-98 (98/99) RUN DATE: 12/09198 PAGE: 4 VENDOR NAME ITEM DESCRIPTION MARR NO HARR. AMT. 979 LENIB HOMES REFUND OF DEVELOPMENT FEES 31081 LINQLE BRO~. COFFEE, INC. BUSINESS LICENSE 31077 LOCKHAN & ASI~OCIATE~ BUSINE~ LICENSE 1062 M C I TELEC01'!HUH~CAT~N8 TELEPHONE SERVICES 549 MARIPOSAHO~TICUL~ ENT. INC. LANI~CAPE HAINTENANCE 4763 I~RKS CABLEVI810N ADVERTISINO 31073 MAROUARDT, BHERYL RECREATION 4727 MAR~IALL PLUMDIN~ REI~B. PROQRAM 537~ II~d~TER BUILDIN~ ~PEG[~M.T[ES I~INTEN~d~CE SUPPLIES ~283 MAYER, COBLE & P~ PROFESSIONAL SERVICE 31072 MAYNARD, REBECCA RECREATION ~587 METROLINK RECREATION ~02 MEYER, PAT REIHBURSEMENT FOR SUPPLIES 602 ~EYER, PAT REIHBURSEMENT FOR SUPPLIES 2198 MICHAELS STORES INC. 13019 RECREATION SUPPLIES 5832 ~IDMEST TAPE LIBRARY SUPPLIES 31083 NISSION LANDSCAPE SERVICES, INC. BUSINESS LICENSE 3860 MOBILE MINI, INC. STOR~E SUPPLIES 310~7 MOLDER0 HELINI~ RECREATION ~047 M~I I!~INQ RECREATION REFUND 3IO~S MUNDY, LINDA RECREATION 2248 NAPA AUTO PARTS 6046 NATIONAL CINEIIAN~THORK 31071 NEV&qEZ, NORI'MI 4281 NIC~SI0, TRIF~ A. 604~ ~T~RN HY~ICB ~02~ NTIS 523 OFFICE DEPOT 31084 OFFICE FURNITURE U~I~, INC. 5403 OFFICE MAX 4327 ORANQE ~ORTINO 1824 ORIENTAL TRADIN~ 23~ OHEN ELECTRZC 1441 PACIFIC BELL 33~ PACIFIC E~UIPT · ~RRI~ATI~, I~. ~343 PACIFIC PL~BI~ ~E~I~TIE5 3108~ 1823 PA~ENET 3106~ P~KER, KELLY ~409 P~TS~STER, 1~. 487 PATT~ S~ES C~P. 31074 PERDEM, D.L. EIE F~ E~T. JL PERDEH &002 PERERA. NICHEELE 3107~ PETCO ANI~k S~PLIEB, INC ~ ~00 59~3 PETERS~'S 2~5 P~ DI~TRIBUTI~ 758 PRAXAIR DISTRIBUTI~, INC. 2533 PRENTICE H~L 3ZBb PRI~IP~ ~TU~ VEHICLE MAINTENANCE RECREATION REFUND RECREATION INSTRUCTOR-C~ER, T BUSINESS LICENSE REFUND RECREATION REFUND OFFICE SUPPLIES BU~INSSS LICENSE OFFICE SUPPLIES 72 DOZEN SOFTBALLS MAINTENANCE SUPPLIES MAINTENANCE ~PLIES ~NTE~E ~PL[ES ~[NTE~E B~PL[E5 ~INTE~E B~PLiE8 B~i~9 LICENSE P~[~ SERVICE RECREAT[~ ~INTE~E ~UPPL~ES ~iNTE~E ~UPPLIES RELEASE OF DEPOST RECREATION REFUND BUSINESS LICENSE LIBRARY SUPPLIES VEHICLE ~INTEN~CE & SUPPLIE~ MRINT/RECREAT]ON SUPPL]E~ DFF]CE S~PL]ES MEDICAL/DISABILITY INSTANCE ** CHECK# OVERLAP # 134471 2,2~b. 00 134472 6.04 134473 46.00 # 134474 1,39b. 72 # 13447~ 11,688.94 134476 37.73 134477 29.00 # 134478 844~79 134479 1,801.00 1344~0 1,250.00 134481 40.00 134482 4,900,00 134483 ~0.00 134484 40.00 134485 74.8~ # 134486 1,120.00 134487 100.00 # 134488 261.84 134489 200.00 # 134490 6,401,58 134491 200.00 134492 - 134492 # 134493 417.75 134494 3,481.00 13449~ 104.00 134496 20888 # 134497 l~.'l~ 134496 120.00 134499 - 134499 # 134~00 10788.7~ 134~01 100.00 134~0~ 11.28 134~03 379.93 134~04 334.29 # 134~0~ 1,869.03 134006 ~7.01 # 134507 70900.38 # 134~08 4,934.9~ 134'509 22.50 # 134~10 1,043,76 134~12 137. 14 134~13 149.72 134514 1,00000 # 134513 116.42 134~16 203. 77 134317 19.33 # 134318 9,293.87 # 134~19 134520 30.14 134321 ~9,00~.62 't '1 '3 '1 I I ¥ I}1 ltANCIIL] C[ JNQA [ Ifil {}[ WARHANIB FOR PERIOD t 2-09-98 (91a/99) RUN DATE: 12/09/98 PAGE: VENDOR NA~E ]TE~ DESCRIPTION ~ARR NO H~RR. CHECK# OVERLAP 5S3 PROTECTION SERVICE INDUSTRIES PROTECT]ON SERVICES-LIONS CNTR # 134~22 91.00 65 PRUDENTIAL OVERALL BlIPPLY MAINTENANCE SUPPLIES # 134523 ~66, 11 4335 PUBLIC AGENCY RISK ~H~RINQ AUTH CA. 2NO QUARTER PREMIUM DEPOSIT 134~4 116,601.2~ 4799 DUALITY ~}L41~CKS OF CAL~F~NIAr VEHICLE SUPPLIES # 134525 451.74 3663 R & T SPECIALTY, INC. D. AR. E. SUPPLIES # 134526 ~45.86 2705 R.H.F. , INC. VEHICLE PLAINT SERVICE&SUPPLIES 1345~7 45.00 959 RADIO SH~CK ACCOUNT8 RECEIVABLE BUSINESS LICENSE REFUND 134~28 396.~6 264 RALPHS OROCERY COIIPANY RECREATION SUPPLIES 134529 ~3. 51 11172 RAHONA MARKET BUSINESS LICENSE REFUNDS 134530 30.00 11173 RANCHO CUCAMONGA EXPLORER POST #539 REIMS RECHARTER FEES 134531 167.00 11174 R~NCHO V/M. LEY VOU, EY B~q4.L CLUB SUNNINESS LICEN=JE REFUNDS 134932 37.84 11171 RBF ASSOCIATES SIGN DEPOSIT REFUND # 134533 1,000.00 6049 REHODELING STORE, THE BUSINESS LICENSE REFUND 134~34 117.67 1117~ RENAISSANCE MADISON SEMINAR LODGING FEES 134~3~ 23200 5618 RICHARDS, HATSON, & GERSHON LEGAL SERVICES # 134~36 6,801.82 276 RIVERSIDE BLUEPRINT PRINTS 134537 117.08 3314 ROBINSON FERTILIZER LANDSCAPE SUPPLIES # 134~36 626 ROBLES, RAUL P., 8R. TIRE REPAIR 134939 47. ~924 ROQ~d~I BUILDIN~ SERVICES JANITORIAL SERVICE 134540 535~ ROLES, MEL SUPPLIES 134541 ~. O0 11176 ROYAL PANDA BUSINESS LICENSE REFUNDS 134542 10. 62 261 Sad~l BERNARDINO COUNTY PRINTINO & HAIL ~ERVICES 134943 35.10 300 SAN BERN~qDINO COUNTY REIHB PARK1NQ CITATIONS 134544 1o30000 ~704 S~N DIEGO LEATHER ~4CKET FACTORY POLICE SUPPLIES 13454~ 254. 77 132 $~kN DIEGO ROT~qY BRIX)I'I CO, INC I'~]NT SUPPLIES # 134546 9~.8. 98 11177 SCHOOL NISE PRESS LIBRARY SUPPLIES 134547 18.63 5060 SCORE COHHUNITY SERVICES SUPPLIES 134~4B 11178 SELO~ CREATIVE FINISHES BLESINESS LICENSE REFUNDS 134~49 4t.'70 2507 SiEBE ENVIRONMENTAL CONTROLS SERVICE/SUPPLIES # 134550 ~5,314. 351 SIGN Ed4OP, THE MAINT SUPPLIES 134551 BS. 20 4~13 SIHON & SCHI. PSTER LIBRARY SUPPLIES 3276 SINCLAIR PAINT MAINTEN~M~ICE 5UPPLIES 1345~3 62S. 02 692 SIR SPEEDY " FAXES 1345~4 69.80 ~327 SNART & FINAL DAY CA/I~ SUPPLIES 134~5 33.9~ 36 SMIDERLE, BE& PETTY CASH - CQI'B'IUNIT¥ SVC8 # 134~56 134.31 319 SO CALIF GAS CO. HONTHLY GAS BILLS 134557 119.06 6010 SOUrCEBOOKS. INC. RECREATION REFUND 134~ ~7. 64 1432 60UTHERN CALIFORNIA EDIBON MONTHLY ELECTRIC BILLS # 134~6 ~0,568.49 532 8P~BNQL. O, ~ CERT INSTRUCTOR 1345A7 92.80 5722 SPECTRA COMPANY LABOR ~ SUPPLIES 1345b8 400. O0 902 STATE OF CA, DEPARTHENT OF TRANS TRAFFIC SIQ~I~L MAINTENANCE 134~9 4,054.93 3616 SUPERINTENDENT OF DOCUHENTB SUBSCRIPTION RENEWAL 134~70 ~7. ~0 2344 TARGET YOUTH PRO~R~dq & DAY CAMP BUPPL # 134~71 46.76 tits5 T]HE SUBSCRiPT[ON 134~72 34.97 1919 TOII~a~K SPORTS INC. rtAINTEN~NCE SUPPLIES 134573 32. 33 1974 TRAFFIC SPECIALTIES TRAFFIC BUPPLIES 134~74 124. 13 5238 TRANS~dIERICAN ~OIL LANDSCAPE SUPPLIES 134575 1,069. 56 4873 TROPHY CENTER OF ALTA LOf'l~ RECREATION SUPPLIES 134~76 t,31B. B6 IriS6 TT14475 PARTNLRB LTD OVERPHT APPLICATION FEE 134~77 2737 U.C. REGENTS POCKET GUIDE 13457B 432.00 .l '1 :1 .I .I '1 .I I I ,I I ,I ,I I .I CITY OF RANCHO CUCAMONQA' LIST OF WARRANTS FOR PERIOD: I~-O~-gS RUN DATE: 1~/09/~8 VENDOR N~E iTEN DESCRiPTiON ~A,RR NO ee CHECK# OVERLAP 4558 U.S. OU~RD8 ,0., iNC. SECURITY QU~RD SERV]CE # 134~79 1, ~00. 3844 U.S. RENT~d.-S RENT/M- 134~0 lit80 U!f~NSK¥o LAU;,EN RECREATI~ REFUND~ 134~1 37.50 29~8 ~6 ~E ~ A6~IATI~ ~ 6ERVICEB e t~2 t,97~. ~0 3437 ~IF[RST ~;F~N ~V~CE ~;F~H SERVICES ~ 134~3 590. 10 4206 ~i~E CREAT[~ 1ST AiD KiTS ~4 tttS~ Vi~Y~D C~[ST[~ FFkk~IliP RECREAT[~ REFUNDS · t34~5 723. 2t3 ~XiE, KLEE~[~ C~P ~[NT S~PL[ES e 134~ 4577 HELLS F~ ~D ~V[CEB SEC~!TY QU~D SERVICES e ~34~7 3, 427. 44 552& ~EBT QR~ PUBL~SH;~ 134~ 32. 33 titS2 NESTEC RESIDENT~ BEC~ITY, INC B~INEBB LICENSE REF~DB 134~9 14~. 17 lit83 NEBTERN IN~TRI~ ~T, I~ BUSI~SS LICE~E REF~D5 134~90 23. O0 tt184 HIRTZ, KAY RECREATI~ REFUNDS ~ ~34591 ~7.~ illSt ~ACK, ~YCE EXPENSE REIHB~SEHENT 134592 ~09 XEROX C~P~ATI~ C~Y ~CHI~ SUPPLIES/SERVICE e 134~93 1,278. 7t TOTAL '1 I J I -I ,I I I I I i ! ] '--l'f DROPPING PARTNER YES NO / APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S) TO: Department of Alcoholic 3737 Main St., Suite 900 Riverside, CA 92501 (909) 782-4400 Beverage Control File 'Number...2 ..........346388 Receipt Number ......... 713104 Geographical Code ........ 3615 Col~es Mailed Date 9/10/98 Issued Date DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? If premise licensed: Type of license Transferor's names/license: RIVRR511)F, ARROW DELl 10970 ARROW RTE I01 RANCHO CUCAMONGA SAN BERNARDINO YES Licen~e TYPe CA 91730 JEONG ALICE PHIL OK 234063 Transaction Tv~e ~me Tvme Master DuD Dat~ Fea 1. 41 ON-SALE BEER AND W P~i~SON TO P~I~SON T~ANS NA YES 0 SRP 08,1998 $150.00 : 2. 41 ON-SALE BRER AND W ANNUAL F~ NA YES 0 S~P 08,1998 $205.00 TOTAL $355. O0 Have you ever been -~-~ F~ave you ever violated any provisions of ~h¢ Alcoholic Beverag~ Consol convicted of a felony? N O ~ct, or re~lafions of ~e D~ment pe~ining to the fAct? N O Explain any "~ ~r-m-~* above ques~oas on an aR~nt which sh~l be deemed p~ this applicator. Applicant agrees (a) ~at any m~ager employed in on-s~l~ licensed p~mise will have all the qualifications of a licensee, ~d (b) ~at he will not viola~ or can~ or ~t to be violated any of ~e provisions of the Alcoholic Beverage Conuol Act. STATE OF CAL~O~ Coun~ of S~ BE~A~INO Da~ SEP 09,1998 Under p~nM~ of ~Ou~, e~h ~n wh~e si~a~ ~ b, ~fim ~ sa~: (1) He is ~ tpplic~ or one of ~e ~li~m, ~ n executive officer of ~e a~!ic~t c~fio~ nmd in ~ f~g~g *~ieifi~ dMy au~d m ~ ~s a~licafion on iu b~f; (2) ~ h~ ~ read ~e forgoing ~d ~ows ~ ~mm'~ ~ ~ ~h of ~ ~ ~ ~n m~ ~ true; (3) ~tt no ~on o~ ~ ~ applic~t or applic~a h~ ~y di~ or in~ i~ tn ~ ~fi~t or n~li~t's bu~nm to ~ conducted u~er the lice~e(s) for w~ ~ a~cafion is made; (4) ~at ~ ~sfer a~ or ~ ~fer is n~ m~ to sa~ the pn~ent of a Io~ or to ~lfill ~ ag~ement ended into mor~ ~ ninety (~) days pm~g ~ day on w~h ~ ~fer ~fi~ is fiHM m~ ~ Dep~ent or to gmn or esmbli~ a p~fe~n~ to or for ~y creditor or u~fer~ or to ~ or injure my ~ of u~foroc (5) ~m &e tryfor applicauon may be wi~&awn by eider ~e applic~t or ~e licence wi~ no ~suldng li~ili~ to ~ ~nc Applicant Name(s) WOO CHRISTINE' 'I~' ABC 231 Attached; ABC 227 to follow 3~0 Vilshire Blvd, Los Angeles, CA 90010 Applicant Signature(s) / ABC 211 (4/98) // Arrow Dell 10970 Arrow Route Application: Type 41, Beer & V~ne 'I Applicant: Woo, Brian a. Address: 10970 Arrow Route 101 Description: Annual renewal/Transfer ownership of beer and wine license Site and Surrounding ,Zoning Site: Industhai Park, Subarea 7, in the industrial Area Specific Plan North: Industhai Park, Subarea 7, in the Industrial Area Specific Plan South: industhai Park, Subarea 8, ~ in the Industrial Area Specific Plan East: Industrial Park, Subarea 8, ""~ in the Industrial Area Specific Plan ' West: Industrial Park, Subarea 7, In the Industrial Area Specific Plan :ense AI~I~UW 0.2 ARROW 0 0.2 IVlles ,/parcels Street Centlines N DROPPING PART~R YES NO~A~ APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S) TO: Department of Alcoholic Beverage Control 3737 Main St., Suite 900 Riverside, CA 92501 (909) 782-4400 File' Number .............. 346791 Receipt Number .... ~ .... 1203727 Geographical Code ........ 3615 Copies Mailed Date 9-18-98 Isshed Date ROD'S TEXACO FOOTHILL BLVD RANCHO CUCAMONOA CA BERNARDINO 19425 CHEYENNE W~LLS WALNUT CA 917 8 9 DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? Mailing Address: (If different from premise address) If premise licensed: Type of license 91730 RECEIVED OCT 2 0 1998 City ot Ranct~o Cucamonga Planning Division Transferor's names/license: OALVIS ELIZABETH 150322 License Type Transaction TVDe Fee Tv~e Master Du~ Date Fee 1. 20 OFF-SALE BEER AND PERSON TO PERSON TRANS NA YES 0 SEP i8,1998 $50.00 : 2. 20 OFF-SALE BEER AND ANNUAL FEE NA YES 0 SEP 18,1998 $34.00 : 3. 20 OFF-SALE BEER AND STATE FINGERPRINTS NA NO 2 SEP 18,1998 $78.00 Applicant Name (s) HUSSAIN A~IJUAD ABOOD ATTACEHED: 231 Recorded Notice to Follow: ........... TOTAL $162.00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? N 0 Act, or regulations of the Department pertaining to the Act? NO Explain any "Yes" answer to the above questions on an attachment which shall be deemed Dar~ of this applicacion Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licenses, and (b) that he .... ~ ~=o= violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Contx,:£ Act. STATE OF CALIFORNIA Co,lnty of SAN BERNARDINO Date Sw-P 18,1998 Under penalty of perjury, each Derson who~e signature aDDlers below, certifies and says: (1) He is an applicant, or one o~ the applicants, or an executive officer of =he a~licanc corporation, named in che foregoing application, duly authorized to make this appl~catlon on its behalf; {2) that he has res4 the foregoing and knows :he contents thereof and ~hac each of the above statements chere~n made are true; {3) that no Derson o~her =ha~ the applicant or a~Dlicants has an~ direct or indirect interesc in the applicant or applicant's business =o be ¢~cte(~ under the license(sl for w~ich this a$~lication is made; (4) that che transfer application or proposed transfer is noc made Eo satisfy the payment of a loan or to fulfill an agreement entered into more than n[necy (90) days preceding the day on which the Erans~er application is filled wich the DeDercmenc or to.gain or establish a preference to or ~or any creditor or ~ransferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licenses with no resul=in~ liability to the Department. Applicant Signatu.r.e (s) PALOMARES ESCROW INC. 2335 W. Foothill Blvd., Upland, CA 91786 Escrow No. 7604-R Ste 17 ABC 211 /Z Rod's Texaco 8166 Foothill Blvd. 0.05 0 Appllcntlon: Type 20, Beer & Wine Applicant: Hussain, Alifuad Abood Address: 8166 Foothill Bird Description:Annual renewal/Transfer ownership of beer and wine license Site and Surroundlnp Zonirl;I Si~' Specialty Commercial/Foothill Specific Plan Low Residential (2-4 du/ac) ___ Sout'~: Specialty Commercial -~n.., c.~.~. ~-~'"~ East: Specialty Commercial ~=~,,,. .... ~----~--~'"~ West: Specialty Commercial ~. ~ /~ ! ! parcels ~ ~...~~... /~/S~reet Centlines N 0.05 0.1 Mles I ' S CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 6, 1999 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: BY: Kevin McArdle, Community Services Director Paula Pachon, Management Analyst II ~ 3'" SUBJECT: APPROVAL OF REQUEST FOR WAIVER OF EPICENTER RENTAL FEES FOR THE SCHOOl, BUS ROAI~EO TO BE HELD ON APRIL 16 & 17, !999 RECOMMENDATION: It is recommended that the City Council approve the attached request from the California Association of School Transportation Officials (CASTO) to conduct a School Bus Roadeo on April 17, 1999 (set up date is April 16, 1999) at the Epicenter Expanded Parking Lot. CASTO is requesting that the City Council waive the base rental fee of $3,000. CASTO would pay direct costs for maintenance services and would provide comprehensive public liability insurance coverage as required for the event. BACKGROUND/ANALYSIS: CASTO, Chapter I is a non-profit organization that has used the Rancho Cucamonga Epicenter Expanded Parking Lot for the past two years to conduct its local RoMeo in preparation for the State Championship Roadeo sponsored by the State Department of Education. This event normally occurs in May each year. CASTO consists of school transportation directors, mechanics, driver instructors and school bus drivers from the San Bernardino and Riverside Counties. As the Council may recall, the purpose of the local Roadeo is to provide participants with an oppommity to practice their school bus driving and maneuvering skills. There normally are between 75-80 school bus drivers who participate in the Roadeo. It is anticipated there would be a minimal amount of facility maintenance required for this event. The Roadeo will be a morning to mid- afiemoon event ending at approximately 3:00 p.m.. Staff recommends approval of this request based upon CASTO's affiliation with the State Department of Education, its attention to the public safety requirements for school bus drivers and the public service it provides members of our community. Resr~e.ctfu~ly submitted, Kev~~Mc~rdle Community Services Director November 2, I998 Ms. Paula Pachon Community Services Department 10500 Civic Center Drive Rancho Cucamonga, Ca 9 ! 729 Dear Paula, Once again our chapter is in full swing for the 1998-1999 school year. As we prepare our calendar for the events of this year, we are once again requesting the use of the extended parking lot at the Epicenter Stadium. This year our annual CASTO, Chapter I School Bus Safety Roadeo will be held on the 17~' of April, 1999. As we have in the past, if given permission from the city, our crew will occupy the parking lot in the late afternoon of the 16"'. The purpose of the early occupation is to measure and determine where each event will take place. In addition, the lead person will stay the mght in a fully self-contained unit. The rest ofthe volunteer crew will arrive at approximately 6:00a. m. on the 17'~ to continue setting up the course. The participant school buses and drivers will begin to arrive at around 7:30n. m. All participants and crew members should be vncated by 3:00p. m. following the present, t/on of awards. As in the past, we will acquire two additional portnble toilet units from a private company. We usually have these units delivered sometime during the afternoon the day before the event. They will be collected on Monday, April 19'~, sometime in the morning We use ropes to mark some events. The ropes are secured with nails. At the conclusion oftbe Roadoo, the ~ holes will be filled with black silicone, so as to leave no visible markings. As CASTO is a non-profit organization, we once again request that the City of Rancho Cucamonga waive the usual use fee required for the extended parking lot. Cordially, Willa Steiner Treasurer CASTO, Chapter I (17ITY OF [L~XNCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: January 6, 1998 Mayor and Members of the City Council, Jack Lam, AiCP, City Manager Diane Young, Records Coordinator Destruction of City Records RECOMMENDATION It is recommended that the City Council approve the attached Resolution authorizing the destruction of City Records pursuant to the City's Records Retention Schedule. BACKGROUND/ANAl ,YglS This request for records destruction comes from the City Manager's Office, the office of record for the cable television reports. The request has been reviewed and approved for destruction by the Department representative and the City Attorney. The records listed in the attachment to this report have met their retention requirements as set forth in the City's Records Retention Schedule. DMY (Attachments as noted) RESOLUTION NO. 99-*** A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES WHEREAS, it has been determined that certain City records of the City Manager's Office have been retained in compliance with all applicable Federal, State and local statutes; and WHEREAS, said City records have met their useful life and are no longer required for public or private purposes: WHEREAS, destruction of said records is necessary to conserve storage space, increase staff productivity, and maintain conformance with the City's Records Management Policy; and WHEREAS, said records as listed in Exhibit "A" attached hereto have been approved for destruction by the City Attorney; NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: R!=C--T!C~N 1: That approval and authorization is hereby given to destroy those records described as Exhibit "A" attached hereto and made a part hereof. Resolution No. 99-*** Page 2 S!=CTION :~: That the City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED this 6th day of January, 1999 AYES: NOES: ABSENT: ABSTAINED: ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was. duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, Califomia, at a regular meeting of said City Council held on the 6th day of January, 1999. Executed this 7th day of January, 1999, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk CITY OF RANCHO CUCAMONGA Approval and Authorization To Destroy Paper Records and/or Documents I have inspected the following re, cords/documents and recommend/request that they be destroyed. These records have not been stored in the City's Records Center and are not listed in the City's Automated Records Management System (ARMS); therefore, destruction is requested outside the scope of the annual ARMS generated destruction process. Description of Records/Documents (Include Record Title Code from Records Retention Schedule when applicable) Beginning and Ending (Inclusive) Dates of Records / Documents (Mo/Yr) //D~partment Approval /Council Approval Date (if r~luired) City Attorney Approval (if required) Destroyed by: Date Signature Date R.M. Revised 11/98 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: January 6, 1999 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Jerry A. Dyer, Associate Engineer APPROVAL OF A RESOLUTION PROVIDING THE CITY ENGINEER WITH AUTHORITY TO EXECUTE ALL RIGHT-OF-WAY CERTIFICATIONS REQUIRED FOR FEDERALLY FUNDED PROJECTS OR PROJECTS WITHIN STATE RIGHT-OF-WAY RECOMMENDATION: It is recommended that the City Council adopt the attached resolution providing the City Engineer authority to execute all right-of-way certifications for Federally funded projects or projects within State right-of-way. BACKGROUND/ANALYSIS: Capital Improvement Projects which are funded with Federal funds or which encroach within the State right-of-way require right-of-way certification prior to releasing funds for the project or issuance of an encroachment permit. CalTrans has suggested that the City Engineer obtain authorization from the City Council to execute fight-of-way certifications in order to streamline project processing. The City is currently working on two projects requiring such certifications - Carnelian Street Realignmere south of Base Line Road and the medians within Foothill Boulevard between Vineyard Avenue and Haven Avenue. Respectfully submitted, William J 02qeil City Engineer WJO:JAD Attachmeres RESOLUTION NO. ~-- ~)0 ~- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, PROVIDING THE CITY ENGINEER WITH AUTHORITY TO EXECUTE ALL RIGHT-OF-WAY CERTIFICATIONS WHEREAS, Capital Improvement Projects which are funded with Federal funds or which encroach within the State Right-of-Way require Right-of-Way Certification prior to releasing funds for the project or issuance of an Encroachment Permit; and WHEREAS, an authorization will allow the City Engineer to execute the Certification without having to obtain authorization from the City Council each time; and WHEREAS, the State requires Right-of-Way Certification prior to using funds for the project or approving an Encroachment Permit or releasing Federal funds. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, does hereby authorize the City Engineer to execute all Right-of-Way Certification forms. C?TY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 6, 1999 TO: FROM: Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer BY Shelley Maddox, Engineering Aide SUBJECT: APPROVAL TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 FOR D.R. 98-04, LOCATED ON THE NORTHEAST CORNER OF BASE LINE ROAD AND ARCHIBALD AVENUE, SUBMiTTED BY RETAI!. HOLDINGS. L.L.C. RECOMMENDATION It is recommended that City Council adopt the attached Resolution ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. l and 6 for D.R. 98-04. BACKGROUND/ANALYSIS D.R. 98-04, located on the northeast comer of Base Line Road and Archibald Avenue, is required to fulfill certain conditions of approval along with the normal processing. As part of those conditions, the Developer is required to have the project annexed into the appropriate lighting and landscape maintenance districts. The Consent and Waiver to Annexation form has been received from the Developer and is on file in the City Clerk's office. Attached is the Resolution for adoption by the City Council to complete the proposed annexation. Respectfully Submitted, William J. O'Neil City Ehglaeec WJO:SM:dlw Attachments CITY OF RANCHO CUCAMONGA RNG~RRING DIVISION N RESOLUTION NO. 9 q- 0 L'9,=~ A KESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 FOR DR. 98-04 (APN: 1076-191-09) WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No.3 B, Street Lighting Maintenance District No. I and Street Lighting Maintenance District No.6 (hereinafter referred to as the "Maintenance District"); and WHEREAS, the provisioas ofArticle 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEI~AS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineees "Report". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY tIESOLVES AS FOLLOWS: SECTION 1' That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the property as shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3' That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder. EXHIBIT "A" ASSESSMENT DIAGRAM LANDSCAPE MA/NTENANCE DISTRICT NO. 3B STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA NORTH DR 98-04 STREET LIGHTS: Dist~ 5800L S1 -- S6 -- EXHIBIT "B" WORK PROGRAM PROJECT: D.1L 98-04 (APN: 1076-191-09) NUMBER OF LAMPS 9500L,, 16.000L 22.000L 27.500L LANDSCAPING: Community Equestrian Trail Dist, D.G.S.F. L3B -- Tuff S.F. Non-Turf S.F. Trees Ea. ASSESSMENT UNITS: DU or Parcel Acres .91 Assessment Units By District S1 S6 L3B 1.8 .91 .91 Annexation Date: 1/6/99 Form Date 11/16/94 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: January 6, 1999 Mayor and Members of the City Council Jack Lam, AICP, City Manager, William J. O'Neil, City Engineer Betty A. Miller, Associate Engineer APPROVAL OF' IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURiTY FOR TRACT 14380, LOCATED ON THE NORTH SIDE OF WILSON AVENUE WESTOF ETIWANDA AVENUE, SUBMITTED BY MASTERCRAFT HOMES AND GENERAL ELECTRIC CAPITAL CORPORATION, AND RELEASE OF PREVIOUSLY SUBMITTED IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY ACCEPTED BY CITY COUNCIL ON NOVEMBER 6, 199t, FROM WATT INLAND EMPIRE, INC. RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the subject agreement arid security and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS Tract 14380, located on north side of Wilson Avenue west of Etiwanda Avenue, in the Low Residential Development District, was approved by the City Council on November 6, 1991. The property has been acquired by General Electric Capital Corporation and is being sold in phases to a new developer, Mastercraft Homes. Together they are submitting a new agreement and security to guarantee the construction of the public improvements in the following amounts: Faithful Performance Labor and Material Street Improvements On Site $ 509,000 Storm Drains On Site $ 103,000 Balance of Phase I Landscape $ 275,000 Eftwanda Avenue north of Wilson $ 85,400 Eftwanda Storm Drain north of Wilson $ 89,500 Wilson Ave., Eftwanda North to Cervantes $ 161,600 Wilson Avenue, Eftwanda South to Eftwanda North $ 38,400 Channel H and Debris Basin $ 566,500 CCWD Access Road over Channel H $ 20,000 Temporary Detention Basin at Line "O" $ 69,500 Removal of Temporary Detention Basin $ 184.700 254,500 51,500 137,500 42,700 44,750 80,800 19,200 283,250 10,000 34,750 92.350 TOTAL: $2,102,600 21,051,300 CITY COUNCIL STAFF REPORT TRACT 14380 January 6, 1999 Page 2 Copies of the agreement and security are available in the City Clerk's Office. Respectively submitted, Willifivrt J. O'Neil City Engineer WJO:BAM:sd Attachments I { .' ~ !' 1 .... I i.'.:~::> ', ,' .~ f ' q .... ..... ~t:~!:f::I'..:: ............................ CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION NOI{TII ITEM: Tract 14380 TITLE: Vicinity Map EX!IIBIT' "A" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP NUMBER 14380 WHEREAS, Tract Map No. 14380, Cucamonga, on November 6, 1991; and was approved by the City Council of Rancho WHEREAS, an Improvement Agreement and Improvement Security were accepted by the City Council from Watt Inland Empire, Inc., at that time; and WHEREAS, General Electric Capital Corporation has since acquired Tract Map No. 14380 and has now agreed to assume all of the requirements established as prerequisite to approval of the final map by entry into a new Improvement Agreement guaranteed by acceptable Improvement Security by Mastercraft Homes and General Electric Capital Corporation as developer; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and the City Engineer is hereby authorized to release the previously accepted Improvement Agreement and Improvement Securities DATE: TO: FROM: BY SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT January 6, 1999 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer '. Dan James, Senior Civil Engineer APPROVAL OF PROFESSIONAL SERVICE CONTRACT FOR PLAN CHECK SERVICE WITH AUFBAU CORPORATION RECOMMENDATION It is recommended that City Council review the subject agreement with Aufbau Corporation and authorize the Mayor and City Clerk to execute the same. BACKGROUND/ANALYSIS The recent increase in development activity has necessitated using consultants to provide timely and if requested, expedited plan check reviews. The consultant's services will be covered by the plan check fees which are collected as part of Engineering's fee structure. Respectfully Submitted, William J. O'Neil  'City Engineer WJO:DJ:dlw DATE: TO: FROM' BY: 1"~' ()1: R.\XC[I(~ CI' ' \' STAFF REPORT Jant, ary 6. 1999 Mayor and Members of lilt: City Council Jack Lain, AICP. City Manager William J. O No'I. City Faginter James T. Harris. Project Managerc.-}'~.. Michael D. Long. Supervising Pufft'lc Works Inspcctor/'"~'O'~ SUBJECT: APPROPRIATE S26,757.80 FROM THE FUND BALANCE OF FUND 22 TO BE PLACED INTO ACCOUNT NO. 22-4637-9817, APPROVE THE AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT FOR THE CONSTRUC'I'ION TRAFFIC SIGNALS AND SAFETY LIGHTING AT THREE INTERSECTIONS, TO COMPUTER SERVICE COMPANY THE AMOUNTOF $424.468.00 ($385,880.00 PLUS 10%) TO BE FUNDED FROM TRANSPORTATION DEVELOPMENT FEES FROM THE FOLLOWING ACCOUNT NUMBERS: $125.728.90 FROM 22-4637-9816 (SIGNAL AT ROCtlESTER & VICTORIA PARK LANE): $166.757.80 FROM 22-4637-9817 (SIGNAL AT I IIGI-ILAN D AN D CARN ELIAN}: AND $131.081.30 FROM 22-4637-9818 ( SIGNAL. AT ROCHESTER AND VINTAGE) RECOMMENDATION: It is recommended that tile City Council award a,~d at,thorizc for execution the coiltract lbr lilt Construction off Tragic Signals and Sati:ty Lighting at Three Locations. to the lowest responsive bidder. Computcr Scrvicc Compa,~y. in tbc amount of $424.468.00 ($385.880.00 plus 10%) to bc ft,ndcd l¥om Transponalion Development Fecs [¥om tile lbllowing Accotrot Numbers: $125.728.90 from 22-4637-9816 (Sig,lal at Rochester & Victoria Park Lane): $166.757.80 from 22-4637-9817 (Signal at t lighland and Carnelian): and $131.081.30 from 22-4637-0818 ( Signal at Rochester and Vi,itage) BACKGROUND/ANALYSIS: Per previous Council actio,. bids were solicited, received and opened on December 15. 1008. for tile subject project. Computer Service Co,~pany is the apparent lowest bidder, with a bid amount of $385,880.00 (sc¢ attached Bid Summary). The Engineer's estimate was $328,000.00. singbas reviewed all bids received and tbtmd them to be complete and in accordance with the bid requirements.. Slag has completed the required backgrotmd investigation and finds nil bidders to meet the requirements of tile bid doer, meats. Rcspe~ully subtnitte¢l. ' Wil~.L~rf J. O'Neil City Engineer WJO:MDL:ts Attachment Bid summary Traffic Signals at 3 locations Bids opened on Tuesday, December 15, 1998 ~ 2:00 PM Item Description 1 Traffic Signal at Rochester & Vintage 2 Traffic signal at Rochester & VPL 3 Traffic Signal at Carnelian & Highland TOTAL SUM OF BID Item Description 1 Traffic Signal at Rochester & Vintage 2 Traffic signal at Rochester & VPL 3 Traffic Signal at Carnelian & Highland TOTAL SUM OF BID Compu[er Services Qty Unit Price '~ LS $114,299.00 t LS $,151,598.00 1 LS $1'19,983.00 $385,880.00 New West Signal Qty Unit Price 1 L.S $128,005.00 1 LS $162,074,00 1 LS $128,623,00 $418,702.00 Sierra Pacific Price $124,583.00 $147,960.00 $116,297.00 S388,840.00 Trans Tech Engineers Price $117,000.00 $175,000,00 $130,000,00 $422,000.00 Construction Price $126,263,00 $151,050.00 $117,119.00 $394,432.00 OBX Inc. Price $132,419.00 $165,375.00 $127,781.00 $425,575.00 J¥ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 6, 1999 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director BY: Paula Pachon, Management Analyst II SUBJECT: REOUEST FOR APPROVAL TO APPROPRIATE FUNDS RECEIVED FROM A CALIFORNIA DEPARTMENT OF AGING GRANT IN THE AMOUNT OF $3,000 FOR SENIOR CITIZEN RECREATION SERVICES (FY 1998-1999) RECOMMENDATION: It is recommended that the City Council appropriate $3,000 for fiscal year 1998/1999 received from a Califomia Department of Aging Grant with the San Bernardino County Department of Aging and Adult Services. BACKGROUND/ANALYSIS: The San Bernardino County Department of Aging and Adult Services is the Area Agency which assists with the allocation of Senior Citizen program grants from the California Department of Aging. Last year the City submitted a grant application to the County to provide a comprehensive marketing and promotional program for Senior Citizens. Specific for that grant was the development of a Senior Center brochure in English and Spanish that described the services, programs, classes and events that take place at the Center. Staff has recently been notified that we were approved for an additional $3,000 grant for this current fiscal year. Through conversations with the County, staff has indicated that these monies would be used for recreation services for Senior Citizens. Specifically, we will focus on recreation activities which focus on physical, social, psychological, educational and recreational needs of older persons. FISCAL IMPACT: The grant award is $3,000.00 for fiscal year 1998/1999. An in-kind match of $330.00 will be provided by the City in the form of equipment and supplies which will be covered through the Department's annual 1998-1999 budget. Respectfully submitted, Kevin McArdle Community Services Director KMA:PP:pp i: staffrpt: seniorgrant98 CITY OF RANCHO CUCAMONGA FISCAL YEAR 1998/99 ANNUAL BUDGET SUMMARY DEPARTMENT: Community Services FUND: 132 DIVISION: Senior Outreach Program Grant COST CENTER: 4532 OBJECT # PERSONNEL 1300 Part time Salaries 1900 Fringe Benefits 1100 Full Time Salaries APPHOPRIA I ION DE I AlL 1996/97 Fiscal Year 1997/98 Adopted Adopted Estimated Budget Budget 6/30/98 1,000 20 0 F~scal Year 1998/99 Dept Manager Request Rcmd OPERATIONS 3100 Travel & Meetings 3300 Mileage 3900 Maintenance & Operations 3956 Dues 3960 General Liability 6028 Contract Services Personnel Total: 1.020 0 0 1,008 20 960 CAPITAl OUTI AY Operations Total: 1,980 Capit~l Outlay Total: Department Total: 0 3,000 AGENCY EXHIBIT A - SCOPE OF SERVICES AGREEMENT FOR PURCHASE OF SERVICES DEPARTMENT OF AGING AND ADULT SERVICES P.O. ~ Z CITY OF RANCHO CUCAMONGA PHONE (909) 477-2760 MAILING ADDRESS P.O. BOX 807, RANCHO CUCAMONGA, CA 91729 CONTACT PERSON DAVE MOORE SERVICE SITE RANCHO CUCAMONGA SENIOR CENTER PHONE (909) 477-2780 ADDRESS 9791 ARROW ROUTE, RANCHO CUCAMONGA, CA 91730 CONTACT PERSON DAVE MOORE HOURS OF OPERATION 8am-10pm M-F THIS AGREEMENT, is entered into on the 1st day of July, 1998, by and between the County of San Bernardino acting as the Area Agency on Aging, hereinafter called the Department of Aging and Adult Services "DAAS" and CITY OF RANCHO CUCAMONGA ' direct service provider, hereinafter called "Provider." WHEREAS, the Older Americans Act of 1965, as amended, provides for assistance to state and local agencies to develop social supportive services to meet the needs of the elderly; and WHEREAS, the california Department of Aging (CDA) has allocated funds to DAAS for the purpose of administering a certain portion of said funds pursuant to said act; and for the purpose of planning service programs and activities for the elderly; and WHEREAS, DAAS desires to use CDA monies"to fund, and the Provider desires to operate and execute a program, this Agreement is executed to identify the specific terms and conditions covering the funding, execution and operation of the program provided by this Agreement. THEREFORE, in consideration of the mutual promises and covenants contained herein, DAAS and the Provider agree as follows: ARTICLE I. DEFINITIONS ANDRESOLUTIONS OF LANGUAGE CONFLICTS A. The term "Agreement' shall mean the coversheets; the Terms and Conditions; Scope of Work Plan; Budget Display: Budget summary; exhibits; attachments; addendums; and amendments, unless otherwise provided in this Article; B. 'DAAS' means the San Bernardino County Department of Aging and Adult Services, the designated Area Agency on Aging. C. "State,' "Department" and "CDA' mean the State and the California Department of Aging interchangeably. D. "Provider" means the entity ~o which funds are awarded under this Agreement Agreement and which is accountable to DAAS for use of these funds and is responsible for executing its provision and services. E. In the event of conflict between the provisions set forth in the Agreement Terms and Conditions and any Project Application or Scope of Work, Propoosal, or Area Plan, the provisions listed in the Agreement Terms and Conditions shall prevail. F. 'Reimbursable "compensable item." item' also means "allowable cost" and G. 'CFR' means Code of Federal Regulations. "CCR' means California Code of Regulations. 'GC' means Government Code. "W&I" means Welfare and Institutions Code. 'USC" means United States Code. "OMB" means Office of Management and Budget. H. 'CDA PM' refers to the "Title III Program Manual for Ar~a Agencies on Aging." This manual is based on Federal regulations for Ti' III published March 31, 1980 (CFR, Chapter 8, Subchapter C, Par 1321. Pertinent parts of 45 CFR Sub-title A, Part 74, published June 3, 1980, have also been used. A copy of the manual is available for review at the Department of Aging and Adult Services, 686 East Mill Street, San Bernardino, CA 92415-0640 during regular office hours. I. 'Program Income or grant related income" refers to any income earned by a Provider during the Agreement period from activities supported in part or total by Federal funds. It includes, but is not limited to, income in the form of fees for services performed during the Agreement period, proceeds from sale of tangible property or real property and from the sale of equipment and supplies acquired for use, usage or rental fees, interest and patent or copyright royalties. Contributions/donations made by older persons are considered program income. J. 'General Program Income" refers to income received in the form of contributions/donations made by the elderly for services rendered. K. 'In-Kind Contributions" are property, equipment, services (e.g. volunteer services) and supplies benefiting a Title III supported program or activity contributed by non-federal third parties without charge to the service provider. Page 2 of 25 L. -Non-expendable Personal Property" refers to tangible personal ~roperty having a useful life of more than one year and an acquisition cost of $500 or more per unit. M. "Elderly" refers to any individual who is 60 years of age older. ARTICLE II. TERM OF AGREEMENT The term of this Agreement will begin on the 1st day of July, 1997 and terminate on the 30th day of June, 1998. FISCAL AND PROGRAM PROVISIONS ARTICLE III. A. COMPENSATION 1. Maximum Funds Available The maximum amount of funds available under this Agreement shall be $ 3,000.00 , and shall be subject to availability of funds from CDA. 2. Schedule of Payments Provider may be provided a payment advance equal to 10% of the Title III funded portion of the total agreement amount under this Agreement for start-up purposes. Provider shall be compensated with the remainder of the Title III funds monthly. The monthly disbursement is not to exceed one-twelfth of the balance of the appropriated funds without written justification for reimbursement to exceed one-twelfth. The ~-alculation of the monthly disbursement amount will be based on the previous .onth's expenditures and the cash-on-hand identified in the Expenditure Report/Request for Reimbursement. 3. Expenditure of Funds a. Provider shall expend all funds received hereunder in accordance with this Agreement. .. '~ b. DAAS reserves the right to refuse payment to the Provider or later disallow costs for any expenditure determined by DAAS and/or State not to be in compliance with this Agreement, or inappropriate to such activities, or, for which there is inadequate supporting documentation presented or, for which prior approval is required but not granted. 4. Unexpended Funds a. Provider will return to DAAS, immediately, upon written demand, any funds provided under this Agreement which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Agreement, or the dissolution of the entity. b. Provider must return any unspent funds with submittal of revised year-end Financial Closeout Report, based on independent audit. Page 3 of 25 J? 5. Accountability for Funds Provider shall maintain accounting records to account for the funds received under the terms and conditions of this Agreement separate from any other funds administered by the Provider. Provider shall maintain records in accordance with generally accepted accounting principles. B. GENERAL PROGRAM INCOME 1. Provider is encouraged to seek contributions/donations from seniors participating in the program. The program income goal for contributions/donations should be 25% or more of the total expenditures identified in the attached Budget Display. 2. General program income will be used to increase the number of clients served by a project, to facilitate access to such project, and to provide supportive services directly related to the project as defined in the Work Plan. General program income will be used within the program in which it was earned. C. MATCHING CONTRIBUTIONS The Provider will provide in-kind matching contributions of a minimum of $ 333.00 which is the Title III portion of the Agreement multiplied by 11.11%. Allowable match shall be in compliance with the following CDA requirements: 1. Matching in-kind contributions must be for allowable costs as determined by CDA policy. Allowable costs include, but are not limited to, rent, utilities, supplies, personnel (volunteers). 2. To qualify as a matching in-kind contribution, indirect or Provider allocated overhead expenses must be supported by a document cost allocation plan. 3. Matching in-kind contributions in excess of the minimum required in one service component may be used to match another service component within the Older Americans Act. As an example, match exceeding the m~nimum requirement in a transportation program may be used to ~ffset an under match in in-home support services. 4. Provider will provide a Budget In-Kind Narrative statement to DAAS with the submittal of the initial budget identifying the type, rates applied and, if applicable, source/location of in-kind to be used as match for the period of the Agreement. The identified in-kind match will be reported monthly on the monthly expense reports. a. Services of volunteers shall be valued at rates consistent with those ordinarily paid for similar work by the Provider. If the Provider does not have similar work, the rate shall be consistent with those in the labor market. In either case, a reasonable amount of employee benefits may be included. Page 4 of 25 b. All other in-kind contributions shall be valued at ~ current market value. ~ D. AUDIT 1. Providers who expend more than $300,000 of aggregated ~ederal Awards will arrange for an audit to be performed as required by the Single Audit Act Amendments of 1996, Public Law 98-502 and a copy submitted to: Department of Aging and Adult Services 686 East Mill Street San Bernardino, California 92415-0640 2. If Provider is a public o~'private entity: a. Nonprofit institution expending more than $300,000 a year in aggregated Federal Awards will have an audit made in accordance with the provisions of Office Management and Budget (OMB) Circular A-133, Audits of Institutions of Higher Education and other nonprofit institutions. b. Nonprofit institutions that expend less than $300,000 a year in aggregated Federal Awards are exempt from Federal audit requirements for that year. Ho'wever, an on-site monitoring visit will be performed to ensure that Federal awards are used for authorized pruposes under OMB Circular A-110 or OMB Circular A-128. c. Any nonprofit institutions who obtain audit reports and are not required to, will not be reimbursed for audit report expenses. 3. Required audits must be performed in accordance with jenerally accepted auditing standards (GAAS) and the Statements on Auditing Standards (SASS) issued and interpreted by the American Institute of Certified Public Accountants (AICPA) and the Government Auditing Standards (Yellow Book) issued by the U.S. General Accounting Office. Further, the audit must include a review of compliance to datermine wheter statistical data is recorded accurately and reported properly, to determine whether the program is being administered by the Provider in compliance with the agreement auditing listing of client case files, and to determine that the program revenue and expenditures are properly segregated from other programs being administered by the Contractor. 4. To ensure that OMB Circular A-133 requirements are met, audit report shall consist of the following parts: a. A report on the financial statements, a schedule of federal awards, which must report in-kind match., along with the auditor's opinion on the financial statements; b. A report on the entity-wide internal control systems based on the auditor's understanding of the internal control structure and the assessment of control risk (made as part of a financial statement audit); a report on internal controls (accounting and administrative) designed to provide reasonable assurance of compliance with laws and regulations applicable to federal assistance or federal awards, including tests of transactions (including program income and expenditures); Page 5 of 25 ¢/ c. A report on compliance with laws and regulations that may be material to financial statements; an opinion on compliance with laws and regulations applicable to each major federal program and a statement of positive assurance of those items that were tested (including program income) for compliance and negative assurance for those items not tested These requirements may be met by the following: i. A report on compliance with general requirements applicable to federal programs drawn from the relevant OMB Compliance Supplement; ii. An opinion on compliance with specific requirements applicable to each major program (major program refers to Congregate Meals, C-l; Home Delivered Meals, C-2; and Supportive Services, B) [the opinion should specify whether information contained in federal financial reports is supported by books and records and amounts claimed and used for matching meet applicable cost principle]; d. A report on fraud, abuse, illegal acts or indications of such acts, if necessary; e. A schedule of reportable conditions (including material weaknesses) for internal control findings and a schedule of findings and questioned costs for compliance findings (if not included in the internal control or compliance reports; a management letter; separate communication of nonmaterial findings relative to federal programs. 5. Audit must also include: a. Schedule of Service Delivery. This schedule will giy~9 the number of service units provided by the Provider, by program and month. 6. Provider will select a certified public accountant of approved auditors published by the County of San Bernardino. The Provider must receive approval from DAAS prior to hire of the auditor from the approved auditors published by the County of San Bernardino. 7. Provider will include in its agreement with an independent auditor a clause permitting access by the County and State to the work papers of the independent auditor. 8. Provider will notify DAAS of the time and location of scheduled entrance and exit conferences with independent auditors, so that appropriate DAA$ and other appropriate County staff may participate. 9. The cost of audits performed pursuant to Public Law 98502 shall be charged to the Provider, in accordance with Public Law 98502 and OMB Circular A-128 or A-133, as appropriate. 10. All audits shall be performed in accordance with and address &ll~ issues contained in any OMB Compliance Supplement that applies to this program. 1i. Audits to be performed shall be financial and program compliance audits. Page 6 of 25 12. The auditor of record, hired by the Provider, shall prep,are and file with the County, a draft copy of the independent audit within 90 days after termination of this Agreement and prior to the exit conference. Within 120 days after the termination or expiration of this Agreement, the final independent audit report of related expenditures during the term of his Agreement, shall also be filed with the County. 13. Provider will assist and comply with audit resolution requirements as required by DAAS, including submitting to DAAS at the exit conference, a corrective action plan for any findings or recommendations, identified in the draft audit. 14. Provider must take appropriate action to correct instances of noncompliance with federal laws and regulations within six months after DAAS has received the audit report. 15. The Provider agrees to be subject to the examination and audit of the county for a period of three (3) years after final payment under this grant. E. BUDGET AND BUDGET REVISIONS 1. The Provider will be reimbursed for expenses only as itemized in the budget approved by DAAS which is attached and hereby incorporated by reference. 2. The Budget must set forth in detail the reimbursable items, unit rates, and extended total amounts for each line item. The Provider's budget shall include, at a minimum, the following items when reimbursable under this Agreement: a. Direct and overhead costs. b. Rental reimbursement items should specify the unit rate, such as the rate per square foot. c. If purchase of equipment is a reimbursable item, the euqipment to be purchased should be specified. d. Any travel outside the State of California. 3. Budget and budget revisions shall adhere to any other provisions contained in the CDA Program Manual(s). 4. The Board of Supervisors delegates the authority to the Director of DAA$ to make budget revisions provided the revisions do not result in the amount of the contract exeeding the previously Board-approved amount. F. SUBCONTRACTING The Director of DAAS is designated the authority to approve one or more subcontracts provided the agreement meets the following terms and conditions: Page 7 of 25 1. The policies and procedures used in processing and awarding the subcontracts are (a) organized and structured; (b) reasonable ~nd equitable; (c) documented and approved by appropriate authorities; (d) consistent with federal, state, and local law applicable procurement requirements; (e) uniformly applied; and (f) open for public review an.d scrutiny. 2. All subcontracts irequire the advance written approval of the DAAS Director or designee. 3. Provider shall be responsible for the performance of any subcontractors and shall retain the prime responsibility for all terms and conditions set forth in this Agreement, including but not limited to, the responsibility for handling property in ..accordance with Article X and ensuring the accessibility, availability and retention of records of subcontractors in accordance with Article X. 4. Funds for this Agreement shall not be obligated in subcontracts for services beyond the ending date of this Agreement. 5. The Provider shall have no authority to contract for, or on behalf of, or incur obligations on behalf of the County. 6. Copies of subcontracts, memoranda and/or letters of understanding shall be on file with the Provider and shall be made available for review at the request of the County. 7. The Provider shall be responsible to ensure all subcontractors meet the insurance requirements and for monitoring the insurance requirements in accordance with Article V, Section C. 8. The Provider shall require all subcontractors to indemni defend and save harmless the Provider and the County, its officers, agents and employees from any and all claims and losses accruing to or resulting from any Providers, subcontractors, materialmen, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this Agreement were used and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the subcontractor in the performance of this Agreement. 9. The Provider shall ensure that the subcontractor will complete all reporting and expenditure documents requested by the Department. These reporting and expenditure documents shall be sent to the Provider in a timely manner and at intervals as determined by the Department. 10. A copy of the executed subcontract shall be submitted to the DAAS Director. ARTICLE IV. MONITORING, ASSESSMENT AND EVALUATION A. The County or any subdivision or appointee thereof and the State of California or any subdivision or appointee thereof shall have absolute right to review and audit all records, papers, documents, client files, corporate minutes and other performed items as reported, and shall have absolute right to monitor the performance of Provider and subcontractors in the delivery of services provided under this Agreement. Page 8 of 25 B. Provider shall permit DAAS to perform periodic program and fiscal monitoring visits. Authorized DAAS, State and/or Federal representatives shall also be permitted to monitor, assess and evaluate the Provider's performance as needed, pursuant to this Agreement. Said .......... monitoring, assessment and evaluation may include, but is not limited to, iscal records, audits, inspections of project premises, and interviews 0~ith Providers' employees and agents providing the service under this Agreement and recipients thereof. Provider will ensure cooperation and shall attend all meetings mandated by DAAS. C. Provider will cooperate fully in conducting any auditing, monitoring, assessment and evaluation process. This includes making any program and/or administrative staff (fiscal, etc.) available as a part of the process and filing a corrective action plan within 30 days of notification of the exception. D. INSPECTIONS 1. Provider shall make available to DAAS, State or Federal officials, its records and data with respect to all matters covered by this Agreement for inspection and audit. Said inspection and audit may be made at any time, during normal business hours (CDA PM, Part G, Section 93.21 N 8). ARTICLE V. INDEMNIFICATION AND INSURANCE A. Provider agrees to indemnify, defend and hold harmless the County and its authorized officers, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising from Provider's acts, errors or omissions, and for any costs or expenses incurred ~y the County on account of any claim therefore, except where such _ndemnification is prohibited by law. E. Without in any way affecting the indemnity herein provided, and in addition thereto, the Provider shall secure and maintain throughout the Agreement the following types of insurance with limits as shown: 1. Workers' Compensation - A. program of Workers' Compensation insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the Provider and all risks to such persons under this Agreement. 2. Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than five-hundred thousand dollars ($500,000). If--applicable, Providers and subcontractors shall comply with the Public Utilities Commission (PUC) General Order No. 115-E which requires 'higher levels of insurance for charter-party carriers of passengers and is based on seating capacity as follows: $1,500,000 if seating capacity is 8-15; $5,000,000 if seating capacity is over 15; unless otherwise amended by future regulation. Page 9 of 25 3. Errors and Omissions Liability Insurance - Combined single limits of $1,000,000 for bodily injury and property damage, and $3,000,~00 in the aggregate, or. Professional Liability - Professional Liability Insuran¢..e with limits of at least $1,000,000 per claim or occurrence. C. ADDITIONAL NAMED INSURED All policies, except for the Workers' Compensation, Errors and Omissions, and Professional Liability policies, shall contain additional endorsements naming the County and its officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder.. D. WAIVER OF SUBROGATION RIGHTS Except for Errors and Omissions and Professional Liability, Providers shall require the carriers of the above required coverage to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, Providers and subcontractors. E. POLICIES PRIMARY AND NON-CONTRIBUTORY All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County. F. PROOF OF COVERAGE Provider shall immediately furnish certificates of insurar to DAAS, evidencing the insurance coverage above required prior to t commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminagted or expire without thirty (30) days written notice to the department, and Provider shall maintain such insurance from the time Provider commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Agreement, the Provider shall furnish certified copies of the policies and endorsements. G. INSURANCE i:tEV I EW 1. The above insurance requirements are subject to periodic review .by the County. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interest of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to-~hange the above insurance requirements to require additions! tyTes of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. Page 10 of 25 2. Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. Provider agrees to execute any such amendment within thirty (30) days of ~eceipt. ARTICLE VI. LAWSUITS Provider understands and agrees that any/all legal fees associated with lawsuits against the Provider, the County or State of California cannot be budgeted as a Provider expense and shall be paid by the Provider. ARTICLE VII. CONFIDENTIALITY A. Provider agrees to comply and require its officers, agents, employees, volunteers to comply with the provisions of Sections 15633.5 and 10850 of the Welfare and Institutions Code. Any violation of the confidentiality required by this Chapter is a misdemeanor punishable by not more than 6 months in County jail, by a fine of $500, or by both fine and punishment. Respect for a client's right to privacy is of the utmost importance. Written consent from the client is desirable before releasing any information about the client to other agencies. B. Provider will take steps to ensure that no information about, or obtained from an individual, and in the possession of the Provider, will be discussed in a form identifiable with the individual, without the individual's informed consent. C. All client records are to be maintained in a locked file so as to safeguard information against theft, loss, destruction, or unauthorized use. ARTICLE VIII. CORRECTION OF DEFICIENCIES OR NON-PERFORMANCE A. PERFORMANCE STANDARDS AND RF2tEDIES 1. If for any reason the Provider's service, including services to targeted populations, falls 5% under or increases to 25% over the Agreement level during any calendar quarter, the Provider will submit to DAAS, within 30 calendar days, an analysis of the situation and if a problem exists the actions being taken to correct the problem. If the problem persists and at the sole discretion of DAAS, DAAS and the Provider may jointly prepare a written corrective plan with the time lines for completion. If the Provider fails to carry out the corrective action and does not meet a 100% Agreement level within the required time frame, sanctions will be invoked. If, after all appropriate actions have been taken, the service level still falls to 5% under or increases to 25% over the Agreement level, DAAS may in its sole discretion, adjust the Agreement level of service and the budget, thereby the funding, as appropriate. Page 11 of 25 2. The Provider agrees .that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to DAAS as a result of breach of this Agreement by the Provider, whether such breach occurs before or after completion of the project. B. APPEAL PROCEDURES The Provider shall file a formal written grievance with the DAAS Supervisor of Administrative Services within ten (10) county business days after the Provider is aware of the factors or conditions precipitating the agreement dispute. The written grievance shall set forth the subject of the grievance, identify the agreement clause in dispute, and shall provide a detailed statement of the grievance, inc%uding dates, names, places, and the specific remedy or action requested. The filing address is 686 E. Mill Street, San Bernardino, California 92415-0640. The Supervisor of Administrative Services shall provide a written response to the Provider within ten county business days of receipt of the grievance. If the Provider is not satisfied with the DAAS Supervisor of Administrative Services' response, the Provider may file a written grievance appeal, which shall include a statement by the Provider as to why the Supervisor's response is not satisfactory, to the DAAS Director within ten county business days of receipt of the Supervisor of Administrative Services' response. The filing address is'686 E. Mill Street, San Bernardino, California 92415-0640. The Director will provide a written response to the Provider within ten county business days. If the Provider is not satisfied with the DAAS Director's decision, the written grievance may be registered in writing with the California Department of Aging, Case Management Branch, 1600 "K" Stree' Sacramento, California 95814, within ten state business days followi. receipt of the DAAS Director's decision. The Provider shall submit to the California Department of Aging the original written grievance along with a copy of the Supervisor of Administrative Services' written response, the Provider's appeal to the Director, and the Director's decision. The California Department of Aging will have final authority for the decision of grievance claims. C. EARLY TERMINATION DAAS may suspend or terminate this Agreement without cause upon thirty (30) days written notice to the other party, except that such suspension or termination shall be effective immediately in the case of threat to health or safety of the public. ARTICLE IX. COUNTY RESPONSIBILITIES The County agrees to: A. Monitor and evaluate the-performance of the Provider in meeting the terms of the Agreement and the quality and effectiveness of services provided based on the criteria as determined by the County. B. Provide consultation and technical assistance in monitoring the terms of this Agreement. Page 12 of 25 C. Approve an audit firm, selected by the Provider, to conduct a fiscal and program audit as specified in Article III. D. Compensate Provider for approved expenses in accordance with ............ ~rticle III of this Agreement. ~RTICLE X. PROVIDER RESPONSIBILITIES A. GENERAL RESPONSIBILITIES 1. Provider must be incorporated and is responsible for advising the County of any actual or impending change in incorporation status. 2. Provider is to promote coordination with other supportive services. Provider agrees to cooperate with DAAS in its efforts toward developing a comprehensive and coordinated system of services for the elderly by participating in joint planning efforts and other activities mutually agreed upon to meet this goal. 3. If the Provider is a non-profit, private corporation, the following requirements shall be met: a. Training in program requirements, agreements with DAAS and non-profit board responsibilities shall be provided to all Board members. The training shall include but not be limited to: (1) Corporate officers and board member's responsibilities as defined by State law and this contract. (2) Provider's responsibility for training and placement ~f assigned Senior Employment Program participants. b. The Board shall be representative of the client population and geographical regions served by the Contractor. c. Minutes of Board meetings shall be accurately maintained and reflect adherence to by-laws. 4. Provider shall maintain and comply with written personnel policies and procedures consistent with the California Fair Employment and Housing Act. Provider shall recruit for vacant positions in an open and competitive application process free of discriminatory questions. Written job descriptions for all paid and volunteer personnel shall be maintained. 5. Provider is responsible for providing orientation and training for all paid and volunteer staff. Provider shall insure training is provided at least quarterly for all ~rsonnel. The training shall include but not be limited to: a. Material from CDA Policy Memo 95-04 (P) Section H, and the Hazard Analysis and Critical Control Point Program appropriate to ~ach employee or volunteer. Page 13 of 25 b. The administrators of a volunteer program. c. The DAAS Management Information System (MIS)o d. The preparation and submission of reports mandata.d by law and this Agreement. Assistance Program. Appropriate referrals to DAAS Senior Information and f. Employee training and placement responsibilities for assigned Senior Employment Program participants. 6. Provider shall complet~ a written evaluation annually on all paid and volunteer staff. work performance 7. Provider shall insure all paid and volunteer staff read and sign a certification of understanding of the Adult Abuse Reporting Act. 8. Provider shall provide the County with photocopies of all fire and health inspection reports and/or certificates immediately. 9. Provider shall conduct activities to target seniors and minority individuals for service. Activities shall include, but not be limited to, outreach and a written analysis of the Contractor's success in targeting services to minority individuals within their service area. B. SERVICES TO BE PROVIDED Provider shall provide all program services and perform all activities identified in Attachment A to this Agreement for the period J' 1, 1997 through June 30, 1998. Provider shall, in a satisfactory manner, as determined by DAAS, conduct, administer and provide Outreach services for the elderly as defined in the attached Purchase Order and-~xhibits A1 and B, and Certification Regarding Lobbying, Exhibit C, which are~-attached hereto 'and incorporated therein by reference. The aforementioned and all other exhibits are, by this reference, made a part of this Agreement as those fully set forth here. 1. Provider must provide each elderly person with a free and voluntary opportunity to contribute to the cost of the service. Provider must protect the privacy of each person with respect to his/her contribution and establish appropriate procedures to safeguard and account for all contributions. 2. Provider must develop a suggested contribution schedule for services which considers the income ranges of elderly persons in the community. Suggested contribution schedule is to be approved by DAAS. 3. Participants are to be screened to determine if a need exists for other services and referred to Senior Information and Assistance Services for follow-up. Page 14 of 25 4. Fire and health inspections are to be secured prior. to beginning service provision and annually thereafter. 5. Provider shall provide a system through which seniors will have the opportunity to express and have considered their views, ~rievances and complaints regarding the delivery of services. The procedure must be in writing and made available to all recipients of services. 6. Provider shall employ bilingual staff and/or volunteers within service areas where a language other than English is commonly spoken. C. LAWS, LICENSES & STANDARDS 1. The Provider agrees to.. administer this Agreement and require any subcontractors to administer their subcontracts in accordance with this Agreement, and with all applicable local, State, and federal laws including, but not limited to, wages and hours of employment, occupational safety, and to fire, safety, health, and sanitation regulations, directives, guidelines, and/or manuals related to this Agreement and resolve all issues using good administrative practices and sound judgment. 2. Where the State or local public jurisdiction within the State requires license and/or standards to be met, for the provision of services, the Provider and its subcontractors will, in performing the services required under this Agreement, obtain all necessary licenses and/or permits and maintain such licenses and permits for the full term of the Agreement. If license and/or standards are required, verification of license and/or standards will also be required and will occur in conjunction with monitoring vists. 3. The Provider agrees that the performance of work and services pursuant to the requirements of this Agreement shall conform to accepted professional standards. D. FISCAL RESPONSIBILITY Provider will ensure that all expenditures are supported by properly executed payroll, time records, invoices, agreements, vouchers, orders and any other accounting documents pertaining in whole or in part to this Agreement. Such documents will be clearly identified and readily accessible to DAAS staff, as may be required. E. CONFLICT OF INTEREST Provider shall make all reasonable efforts to ensure no conflict of interest exists between its officers, agents or employees. Provider shall make all reasonable efforts to prevent employees, consultants or members of governing bodies from using their.position for purposes that are, or give the appearance of, being motivated by a desire for private gain for themselves or others, such as those with whom they have family, business or other ties. i~-the event- the County determines a conflict of interest situation exists, any increase in costs associated with the conflict of interest may be disallowed by the County and such conflict may be grounds for termination of the Agreement. Page 15 of 25 F. PROHIBITION AGAINST NEPOTISM Webster's Ninth New Collegiate Dictionary defines nepotism as follows: "Favoritism shown to a relative (as by giving an appointive job) on' a basis of relationship." Persons selected for program staff positions, after t. effective date of this Agreement, may not be within the immediate family of other Provider staff in positions of authority, members of the Provider's governing board, or DAAS staff. Individuals within the immediate family of program staff may not serve on the Provider's governing board. An individual may have been selected or elected to the governing board before the effective date of this agreement, who has immediate family employed by the program. Either the Board member or the employed member(s) of the board member's immediate family, must resign from their position(s) within thirty (30) days of the effective date of this Agreement. Immediate family is spouse, child, grandchild, mother, father, grandparents, brother, sister, mother-in-law, father-in-law, daughter-in- law, son-in-law, aunt, uncle, niece, nephew, and members of the same household. G. AMENDMENTS TO AGREEMENT Any Agreement change requires initiation of a change to the Agreement in writing. Modification or amendment, as determined by DAAS, shall be signed by both parties. H. GREATEST ECONOMIC OR SOCIAL NEED The Provider understands that one of its responsibilitie~ under this Agreement is to ensure that "preference will be given to providing services to older individuals with the greatest economic or social needs (Older Americans Act of 1965 as Amended, Amendments of 1991, Public Law 98-459, 306 (a) (5) (A) (u) (I) (II)." "The term 'greatest economic need' means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census, and the term 'greatest socal need' means the need caused by non-economic factors which include physical or mental disabilities, language barriers, and cultural or social isolation including that caused by racial or ethnic status which restricts an individual's ability to perform normal daily tasks or which threatens his or her capacity to live independently." (Older Americans Act of 1965 as Amended, Amendments of 1991, Public Law 98-459, 306 (a) (5) (B)). Minimum program goals relating to minorities within this Agreement have been established by computing the percentage of minority elderly over 60 within the geographic area served by the Provider. I. PROVIDER INDEPENDENCE The Provider and the agents and employees of the Provider in the performance of this Agreement shall act in an independent capacity and not as officers, or employees or agents of DAAS, the County of San Bernardino or the State of California. Page 16 of 25 J. TRAINING AND MANPOWER DEVELOPMENT The Provider agrees to participate in appropriate staff training and development provided by DAAS, the CDA and the Administration ~n Aging. K. RECORDS 1. The Provider shall, at all times during the term of this Agreement, maintain complete fiscal, program and management records (which shall include, but not be limited to, accounting records, grants, agreements, letters of agreement, insurance documentation in accordance with Article XI, Memorandums and/or Letters of Understanding and client records) of its activities and expenditures hereunder in a"form satisfactory to.the County and/or State and in accordance with generally accepted accounting procedures. All records pertaining to the project shall be available for review and audit by the County, State or federal government or their duly authorized agents, at any time during normal business hours. All such records must be maintained and kept available by the Provider, (a) until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by DAAS, (b) for such longer period, if any, as is required by applicable statute, by any other clause of this Agreement, or by Sections B or C, or (c) for such longer period as DAAS deems necessary, which will be a minimum of three (3) years after final payment under this Agreement. 2. If this agreement is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for the same periods as specified in Section 1. 3. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, all records relative to such action shall be maintained and kept available until every action has been cleared to the satisfaction of the County and/or State and the Provider is advised in writing of the resolution. 4. Adequate source documentation of each transaction shall be maintained relative to the allowability of expenditures reimbursed by the County under this Agreement.. If the allowability of expenditures cannot be determined because records or documentation of the Provider are nonexistent or inadequate according to generally accepted accounting principles, the expenditures will be questioned in the audit and may be disabllowed by the County and/or State during the audit resolution process. a. Accounting Records (CDA PM, Section G, Paragraph 93.7a) The Provider shall provide for adequate accounting systems and procedures to control and support'. all fiscal activities in accordance with policies issued by the Administration on Aging and the California Department on Aging. The Provider shall provide for those designated in the Chart of Accounts as identified by the categories in the budget display. It is mandatory that the Provider report fiscal operations to DAAS using the categories of transactions detailed in the Chart of Accounts. Page 17 of 25 through 93.21) be Internal Control (CDA PM, Section G, Paragraph 9~-.11 Effective control and accountability shall ~e maintained for all grant cash, real and personal property and other ass,~ Provider shall adequately safeguard all assets and shall assure that th are used solely for authorized purposes. c. Budgetary Control (CDA PM, Section G, Paragraph 93.23) All budget changes within major categories, such as Salaries and Benefits, Equipment or Other Costs exceeding 10% of the approved budget, for that major category, represents a departure from the approved project plans and require DAAS' approval'. Budget modification requests will be made to DAAS in the form of a written justification outlining specific shifts of funds that will be made. Note: The total amount of the change must not result in the Title III funds exceeding the authorized amount for all Title III funds. d. Allowable Costs (CDA PM, Section G, Paragraph 93.31) OMB Circular A-122, "Cost Principles for Non-Profit Organizations" shall be used as a guide for determining allowable costs. e. Source Documentation (CDA PM, Section G, Paragraph 93.39) Accounting records shall be supported by source documentation such as cancelled checks, original invoices, time sheets and payroll records, grant and contract award documents, in-kind documentati~ etc., which are maintained to comply with record retention requirements. L. REPORTS 1. Provider, at such times and in such forms as DAAS may require, shall furnish statements, records, reports data and information requested by DAAS pertaining to Provider performance of services hereunder and other matters covered by this Agreement. The forms shall be reviewed for timeliness, completeness, and correctness of the information submitted, by the Program Director or his/her designee, prior to submission to DAAS. Incomplete forms shall be returned to the Provider for completion. (In the event of changes in these forms, DAAS shall advise the Provider via written notice.) The Provider shall develop and implement a process for ensuring quality control. 2. Provider shall meet the following standards for its financial management systems, as provided in the Title III Program Manual: a. Financial Reporting (CDA PM, Section G, Paragraph 93.5a) Accurate, current and complete disclosure of the financial results of each program shall be made in accordance with the financial reporting requirements of the grant. The following reports are to be submitted to DAAS when indicated: Page 18 of 25 1) Monthly (Due by 5th working day of the month). Monthly Program Expenditure Report/Request Reimbursement for 2) Semi-annually Budget Revision ~1 (Due November 1) Budget Revision ~2 (Due March 31) 3) Annually Financial Close-Out Report (Due August 1) Periodic Inventory (Due August 1 with Closeout) Audit Report (Due October 31) Revised Financial Close-out Report (Due October 31 with Audit Report) when indicated: be Program Reporting The following reports are to be submitted to DAAS 1) Monthly (Due by the 5th working day of each month) III B Monthly Supportive Services Report 2) Quarterly Program modification request in writing to DAAS. Contractor will describe, in detail, necessary program change(s) and the reason(s) for the requested modification. 3. DAAS may require financial reports more frequently than indicated above or with more detail (or both), upon written notice to the Provider, until such time as DAAS determines that the financial management standards are met. 4. Provider is required to work in conjunction with the Department of Aging and Adult Services in developing and maintaining a Client Data Base. Unless otherwise specified, the National Aging Program Information System (NAPIS) Ontrack client tracking system will be used to collect data. The Provider is responsible for filling out the Client Intake Form, and transmitting the client information to DAAS on an ongoing basis. The Provider is also responsible for all equipment installed at their site(s) which will be used to automate client units of service. Said Provider is responsible for maintaining the equipment in goodworking order and replacing the equipment should it be damaged and/or stolen. Unless otherwise specified, equipment installed at each individual site includes one (1) DuraWand, one (1) Fax Modem, and one (1) Wall Timer. M. PROPERTY MANAGEMENT 1. All equipment purchases over $500.00 require the written approval of the Director of the Department of Aging and Adult Services or his designee prior to purchase. Page 19 of 25 2. All equipment, materials, supplies or personal property of any kind purchased with agreement funds provided herein shall be in accordance with CDA PM, Part G, Section 93.19, and if not fully expended or consumed prior to the termination of this Agreement shall be the property of the CDA, unless otherwise directed by the CDA. All equipment must ' ..... used to conduct business under this Agreement. 3. The Provider shall exercise due care in the use, maintenance, protection, and preservation of personal property during the period of the project. The Provider shall be held liable for all losses of or damage to non-expendable equipment or material resulting from negligence or improper implementation of safeguards. 4. The Provider shall recor~ the following information when property is acquired: a. b. c. Date acquired. Property description (include model number). Property identification number (serial number). d. Cost or other basis of valuation. e. Fund source, and The Provider shall keep track of property purchased with funds under this Agreement. The Provider shall submit to DAAS, annually with the Close-out, a current inventory of property furnished or purchased with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose. 5. a. The disposal, loss and/or destruction of prope~.~ or equipment shall be fully documented by the Provider with copies thereof provided to DAAS along with the monthly expense report for the month in which the loss occurred. b. The Prouider shall immediately investigate and within days fully document the loss, destruction, or theft of such five (5) property. c. Loss by fire, vandalism, or theft must be immediately reported to the fire department or law enforcement agency, as applicable. A copy of the fire department or law enforcement agency report of the incident shall also be forwarded to DAAS. d. DAAS shall be notified of the loss within seventy- two (72) hours of the discovery of the loss. 6. The Provider shall exercise due care in the use, maintenance, protection, and preservation of such property during the period of the project, and shall assume responsibility for replacement or repair of such-p~operty during the period of the project and until the Provider has complied with all written instructions from the State via DAAS regarding the final disposition of the property. 7. In the event of the Provider' s dissolution or u- ~ termination of this Agreement, the Provider shall provide a final propc inventory to DAAS. Page 20 of 25 8. The Provider shall use the property for the purpose ~or which it was intended under the Agreement. In no instance shall equipment be loaned to other programs or organizations without the written approval of the Director of the Department of Aging and Adult Services or his ~esignee. 9. The Provider or subcontractor shall not use equipment or supplies acquired under this Agreement with federal and/or state monies for personal gain or to usurp the competitive advantage of a privately-owned business entity. 10. If purchase of equipment is a reimbursable item, the equipment to be purchased will be specified.in the budget. 11. The Provider shall include the provisions contained in Article III, Section E in all its subcontracts awarded under this Agreement. 12. Equipment that is worn beyond economical repair must be reported to DAAS on the monthly expense report. It shall be the responsibility of DAAS after receiving this report to instruct the Provider as to the proper method of disposal. 13. Once Provider has a vehicle to be salvaged, Provider lettering, signs, etc., are removed. received disposal authorization for shall ensure that all identifying 14. Prior to replacement of any property, Provider must obtain written authorization from DAAS. 15. Any equipment purchased with agreement funds will be ~ubject to inspection, over the life of the equipment, and if not used, under-used or misused, may be claimed by DAAS for redistribution to other DAAS projects. 16. Vehicles purchased with agreement funds shall also have the following language painted or affixed by other means on the vehicle: "Vehicle purchased with Older Americans Act Funds." 17. Any equipment purchased shall be reported on the Expenditure and Claim for Reimbursement Report for the month in which the equipment was purchased. DAAS will verify approval for purchase was given prior to the purchase of the equipment. 18. Equipment will be periodically inventoried by DAAS to insure all equipment purchases are properly approved, documented, and recorded on the inventory. Significant violations may result in the imposition of sanctions. N. Provider shall notify the County, in writing, of any change in mailing address and/or physical location within (10) days of the address change. O. Provider shall comply with all applicable local health and safety codes, including fire clearances, for each site where program services are provided under the terms of this Agreement. Page 21 of 25 J? ARTICLE XI. GENERAL PROVISIONS A. This Agreement has no force or effect until signed by both parties. B. County shall have Power of Attorney to pay delinquent de! and unpaid wages incurred by Provider, from appropriated funds under th__ Agreement, in the event debts and wages have not been paid or are not current. C. Provider understands and agrees that the Agreement shall be governed and construed in accordance with the Older Americans Act of 1965 as amended and with California State and Federal laws. .. D. The Provider and its subcontractors shall not lawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (i~ncluding HIV and AIDS), medical condition (cancer), age or marital status, denial of family and medical care leave and denial of pregnancy disability leave. The Provider and its subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Provider and its subcontractors agree to fully comply with the laws and programs (including regulations issued pursuant thereto) which are listed following this paragraph and/or referenced in other sections of this Agreement. Such compliance is required to the extent that such laws, programs and their regulations are by their own terms, applicable to this Agreement. Provider warrants that he/she will make himself/herself thoroughly familiar with the applicable provisions of said laws, programs and regulations prior to commencing performance of the Agreement. DAAS will provide assistance to Provider in obtaining copies of said la~ programs and regulations upon request. To the extent applicable provisions of said laws, programs and regulations are deemed to be a part of this Agreement as if fully set forth herein. 1. The San Bernardino County Affirmative Action Compliance Program, Policy 11-15, Minority Business Enterprise (MBE) 15% and Women Business Enterprise (WBE) 5%. 2. Vietnam Era Veterans ' Readjustment Assistance Acts of 1972 and 1974, as amended. Pub. L. 92-540, Title V, Section 503 (a), Pub. L-93-508, Title IV, as amended, Section 402. (38 USCA 2021-2027). 3. California Fair Employment and Housing Act, Government Code Section 12900, et. seq. This Provider shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work compliance provisions of this clause in all subcontracts to perform work under this Agreement. 4. Civil Rights Act of 1964, as amended in 1991 (42 USCA 2000a to 2000h6) and Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60). (See Exhibit C.) Page 22 of 25 5. Drug-Free Workplace Act of 1990. 6. Title III Program Manual for Area Agencies On Aging. 7. Grants in Excess of $100,000. Clean Air Act as amended (42 USCA 7401); Clean Water Act as amended (33 1368); Federal Water Pollution Control Act as amended (33 USCA 1251, et. seq.); and Environmental Protection Agency Regulations (40 CFR Part 15 and Executive Order 11738). 8. Providers Participating in Facility Construction or Repair Davis-Bacon Act (40 USCA 256a-7) (29 CFR, Part 5); Copeland "Anti-Kickback" Act (18 USCA 874, 40 USCA 276a) (29 CFR, Part 3); Grant Work Hours and Safety Standards Act (40 USCA 327-330) (29 CFR, Part 5); and Executive Order 11246 of September 14, 1965, entitled "Equal Employment Opportunity" as amended by Executive Order 11375 of October 13, 1967, as supplemented in Department of Labor Regulations (41, CFR Part 60). 9. Provisions Against Lobbying Exhibit C to this Agreement entitled "Certification Regarding Lobbying". 10. The Americans With Disabilities Act of 1990. (42 USC 12101.) The purpose of the Act is to support individuals with disabilities to access employment and various services in both the public lnd private sectors. The Act establishes civil rights for individuals with disabilities. 11. Elder and Dependent Adult Abuse Reporting Requirement Provider will ensure that all known or suspected instances or elder or dependent adult abuse are reported to DAAS .Adult Protection Services staff. In accordance with Welfare and Institutions Code 15630 (a) all employees of the Provider and its subcontractors are mandated reporters of elder and dependent adult abuse. Mandated reporters are required to report all instances of physical abuse of elderly and dependent adults and may report other types of abuse. Physical abuse must be reported under the following circumstances: 1) When the reporter has observed an incident that reasonably appears to be physical abuse; 2) When the reporter has observed a physical injury where the nature of the injury, its location on the body, or the repetition of the injury clearly indicates that physical abuse has occurred; 3) When the reporter is told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse. A telephone report of physical abuse must be made -immediately or as soon as possible. A written "Report of Dependent Adult/Elder Abuse" (SOC 341) must follow within two (2) working days. Incidents of elder and dependent adult abuse must be reported to the correct agency as follows: 1) If the abuse has occurred in a long term care facility, except a State mental hospital or State developmental center, the report shall be made to the local Long Term Care Ombudsman or local law enforcement; 2) If the abuse has occurred in a State mental hospital or State developmental center, the Page 23 of 25 report shall be made to the designated investigators of the State Department of Mental Health or the State Department of Developmental Services or to the local law enforcement; 3) If the abuse occurred anywhere other than a long term care facility or state mental hospital or state developmental center,' the report shall be made to Adult Protective Services or local enforcement. Under the terms of this contract as changes in the Elder Dependent Adult Reporting Law are enacted the Provider is bound to with the most current regulations. E. Disaster Preparedness In order to provide emergency assistance or continue services to at-risk elderly or dependent adults in the event of disaster, Provider will maintain accurate lists of all clientS. who are receiving home-delivered meals and/or other services due to impairments which render them at risk of serious injury or death. Provider will coordinate and report disaster services and issues with DDAS. F. Publications Any books, reports, pamphlets, papers, articles, or other materials published or transferred, including newspaper reports, based on activities funded by this Agreement, must (a) carry an acknowledgement of funding by the San Bernardino County DAAS. The following language should be used: "These materials or products are the result of a project funded in part or in whole by the County of San Bernardino Department of Aging and Adult Services through the Older Americans Act, as amended;" (b) give the name of the entity, the address, and telephone number at which the supporting data is available; (c) include a statement that the conclusions and opinions expressed may not be those of the State and/or DAAS and that the publication may not be based upon or inclusive of all raw data. G. Copyrights If the Agreement results in a book or other copyrightable material(s), the author is free to copyright the work, but DAAS reserves a royalty-free, non-exclusive and irrevocable license to rgproduce, publish or otherwise use, and to authorize others to use, all copyrighted material which can be copyrighted resulting from the Agreement. H. Unauthorized Activities All activities not expressly authorized by this Agreement shall be prohibited without the express written permission of the DAAS Director or his authorized agent. I. Binding Contract In the event any portion of this Agreement is found to be invalid, the remaining portions shall continue to constitute a valid and binding Agreement. proselytizing Agreement. Religious Activity Prohibited Provider agrees it will not perform or permit any religious activities in connection with the performance of t~s Page 24 of 25 K. Entire Agreement This Agreement consisting of 25 pages and Exhibits A through C inclusive, is the full and complete document describing services to be ~rovided by the Provider to County. There are no other or further written 3r oral understandings or agreements with respect to this Agreement. No variation or modification of this Agreement and no waivers of its provisions shall be valid unless in writing and signed by all parties. DIRECTOR, DEPARTMENT OF AGING AND ADULT SERVICES AUTHORIZED AGENCY REPRESENTATIVE, TITLE Page 25 of 25 Exhibit A-1 WORK PLAN FY 1998-99 This work plan contains the measurable objectives mandated by DAAS of the service provider. The work plan specifies and establishes time frames either on an annual basis or, where required by state regulations, on a 'quarterly basis. The work plan constitutes the primary document for ongoing monitoring, Annual Program Performance Review/Fiscal Audit and will be used to measure the provider's efforts toward providing quality Recreation services. Scope of Work A. Geographic Area/Clientele and Eligibility Criteria 1. The geographic area served by this provider covers the City of Rancho Cucamonga. The clientele served by this agreement consists of seniors 60 and over. B. Program Description Purpose: Recreation is provided to maintain or improve the well-being of older persons through provision of necessary services by community and/or senior centers. Definition: Recreation activities which focus on physical, social, psychological, educational and recreational needs of older persons. C. Intended Outcomes 1. Recreation a. Provide 200 hours of social, art/recreation- al, health and/or nutritional services to improve the well-being of seniors. Staff and/or volunteers providing services must be trained and qualified in the safe provision of Recreation services. Recreation services must be provided to at least 60 unduplicated seniors of which 8 are to be minority low-income seniors. (See Exhibit B.). II. Develop and have on hand, for review by DAAS, a cost allocation plan which explains the methods used to allocate costs between programs with funds received from DAAS. Conduct a client or participant satisfaction survey at least once a year. The survey form must be approved by designated DAAS staff prior to its use and all findings from the survey must be used to improve services. The returned surveys and tabulated results must .be kept on file for review by DAAS staff. Service Delivery Activities A. Staffing Sufficient personnel shall be available to carry out the needs of the program. This includes a Director and additional personnel as determined by the size of the service area and the method and level of service provision needed to fully comply with the terms of this work plan and agreement. B. Volunteer Staff 1. Volunteers are individuals who work without pay in the performance of essential duties to conduct the program. In some cases, the Director may be a volunteer. 2. Volunteers shall not replace paid personnel. Ce Clients will be given priority for services who are socially and/or economically needy and who are not eligible for services from any other source. Further, individuals referred by DAAS staff shall be given first priority for services under this agreement. Definitions: Economically Needy: Seniors whose income is at or below the SSI/SSP level. Socially Needy: Seniors who have at least two of the following character- istics: Disabled, Language/Communication Barrier, Lives Alone, Age 75+. D. Training Activities Provide training both on the job and in formal training sessions, as appropriate, to improve the understanding of paid staff about the service(s) being provided. Wherever required by law and/or III. ordinance licensed staff must be trained to carry out assigned duties. In addition, annually evaluate paid staff performance to determine his/her effectiveness, skill development and understanding of tasks they are assigned. Documentation of training shall be kept on file at the provider's main office for review by DAAS during program monitoring to be scheduled and conducted by DAAS. Volunteers should be provided on the job training and opportunities for formal training to improve skills and understandfng of the service being provided. Wherever required by law or ordinance volunteers must be trained and/or licensed to carry out assigned duties. Documentation of training shall be kept on file at the provider's main office for review by DAAS during program monitoring to be scheduled and conducted by DAAS staff. Other Service Requirements A. Physical Set-Up Where services are provided in a care center, office or any setting outside the client's home, the environment must be attractive, clean and free from obstacles which could cause injury. Post floor plans identifying emergency exits, assembly areas, etc. and conduct evacuation drills at least twice a year. Proof of evacuation drills will be kept on file duly signed by the Fire Marshal or other authorized agency within the community where the service site is located. B. Donations and Confidentiality Encourage seniors to donate by letting them know verbally that donations are accepted and are important to maintaining the service(s) provided. Post signs where appropriate stating that donations are accepted. The provider shall not in any way employ tactics which could be viewed as coercion, embarrassing, and/or obligatory to the service being provided. All contributions shall be used to increase the amount of service being provided in the program(s) funded by DAAS. Coordination Activities 1.. Provider shall participate within appropriate coordination bodies established by state law and/or county ordinance. Provider shall include the following statement on all advertising, posters and brochures, etc.: "Funding for this service has been provided by the San Bernardino County Department of Aging and Adult Services through a grant award from the California Department of Aging." Provider shall coordinate service with other county departments and local agencies by providing time within the facility during participant meetings, staff meetings and volunteer meetings, etc., for presentations on special activities that promote a Community Based System of Care for elderly clients. All coordination activities must be documented and kept on file for review by DAAS. Provider shall coordinate service with other county departments and local agencies by providing time for presentations or special activities that promote a Community Based System of Care for the elderly participants attending their sites. All such activities must be documeted and kept on file for review by DAAS. D. Reporting Requirements Report all known or suspected cases of elderly or dependent adult abuse to DAAS Adult Protective Services or law enforcement immediately or as soon as possible by telephone, and send a written report within two (12) working days. Abuse of an elder .or dependent adult means physical abuse, neglect, intimidation, cruel punishment, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering or the deprivation by a care custodian of goods or services which are necessary to avoid physical harm or mental suffering. Report service and client data by the 5th working day of the month on CDA 186 forms which will be verified by DAAS during the annual program audit. Additionally, establish audit files which include but are not limited to a copy of the 186 report. Report monthly expenditures to DAAS by the 5th working day of the month. Maintain support files including but not limited to~ invoices, payroll, and other supporting documents, all of which will be attached to a copy of the expenditures report and kept on file by month for review during the Annual Audit. Maintain records, by month, in-kind expenditures. that support claimed In the event additional funds become available, the provider will use the funds to increase the Recreation services provided to elderly clients by either increasing the number of individuals served or by increasing the units of service provided or both. Exceptions to this requirement, for instance the use of additional funds to purchase equipment, must be fully documented in writing and submitted to the department for prior approval. Failure to abide by this work plan will constitute just cause for sanctions being imposed. .~ounty of San L ;ontfact Agency Name: CITY OF RANCHO CUCANONGA · ,a~'din0' Department Of Agir{g'& Adult Services BUDGET DISPLAY Budget for Fiscal Year: ] 998-99 CONTRACTOR INFORMATION Proqram RECREATION Conlract P.O. No: ExhiL,. Odginel [ X ! Rev~d I I Date: 9-16-98 : Seniota :': Minorilies ': ~i~Units " · !11 iToBe ':: To Be'~ :ii'~:~i:~:Of Project i MATCH : # Setred Sewed ': ' ':Se~ce TiUe III Funds Income ' Cash ' In-Kind: Tot. al 15dl 150 20 Z00 Hours $3,000.00 $50.00 $333.00 $3,383.00 DAAS USE ONLY ~' GRC' Codes ATTACHMENT C San Bernardino County CDA 217 {6/96) Department of Aging and Adult Services CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowl..edge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the breaking of any federal grant, the making of any federal loan, the ente~ng into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclosure accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was mode or entered into. Submission of this certification is a prerequisite for making or entering into lhi$ transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of nol less than $10,000 and not more than $100,000 for each such failure. CONTRACTOR STATE AUTHORIZED SIGNATURE TITLE DATE ORDINANCE NO. 594 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 15, CHAPTER 15.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING REVIEW OF GRADING PLANS AND SPECIFICATIONS. A. RECITALS. 1. On June 10, and continued to July 22, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly-noticed public hearing with respect to the above-referenced Municipal Code Amendment and, following the conclusion thereof, adopted its Resolution No. 98-44, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On December 16, 1998, the City Council of the City of Rancho Cucamonga conducted and concluded a duly-noticed public hearing concerning the subject amendment to the Municipal Code. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: The City Council hereby specifically finds that all of th~ facts set forth in Recitals, Part A, of this Ordinance are true and correct. SECTION 2: The City Council hereby finds and determines that the subject amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant toSection 15061 (b)(3) of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations. SECTION 3: Section 15.12.220, Appendix Section 7006 -- Plans and Specifications, Subsections (d) and (e) are hereby amended to read, in words and figures, as follows: Ordinance 594 Page 2 (d) (e) Soils Engineerinq Report. The soils Engineering Report required by Subsection (c) shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedure.s and design criteria for corrective measures including buttress fills, when necessary, and opinions and recommendations covering adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes. Recommendations included in the soils Engineering Report and approved by tt~ building official shall be incorporated into the Grading Plan or Specifications. Engineerinq Geology Report. The Engineering Geology Report required by Subsection (a) shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy for the intended use of sites to be developed by the proposed grading as affected by geological factors. Recommendations included in the report and approved by tho Dullcling Official shall be incorporated in the Grading Plans or Specifications. SECTION 4: Section 15.12.250, Appendix Section 7010 --Fills, Subsections (a) and (e) are hereby amended to read, in words and figures, as follows: SECTION 7010 (a) FilI~. Unless otherwise recommended in the approved soils Engineering Report andapproved by tho Dullcling O[l~¢i&l, fills shall conform to the provisions of this Section and to Figure A, Typical Lot Cross-section for Fills. EXCEPTION: The provisions of this section may be waived by the Building Official for minor fills not intended to support structures. Ordinance 594 Page 3 (e) Compaction. All Fills, including backfill in utility trenches, shall be compacted to a minimum of 90 percent of maximum density. EXCEPTIONS: 1. Fills exem/:)ted elsewhere in this Ordinance and where the Building Official determines that Compaction is not a necessary safety measure to aid in/~reventing saturation, settlement, sli/~Ding, or erosion of the Fill. 2. Where lower density and expansive tv~)es of soil exist, Dermission for lesser Comoaction may be granted by the Building Official uDon showing of good cause under the conditions /~rovided herein. 3. A/ternate methods of filling and com/:)action may be ~tilized on utility trenches or other specific ~rojects when recommended by the soils Engineering Report and ~pl~rOv~d by the Dullcling SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or word thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. 7/ ORDINANCE NO. 595 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING THE EXTENSION OF SUBDIVISION MAPS. ., A. RECITALS. 1. On June 10, and continued to July 22, 1998, the Planning Commission of the City of Rancho Cucamonga conducted duly-noticed Public Hearings with respect to the above-referenced Municipal Code Amendment and, following the conclusion thereof, adopted its Resolution No. 98-45, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On December 16, 1998, the City Council of the City of Rancho Cucamonga conducted and concluded a duly-noticed Public Hearing concerning the subject amendment to the Municipal Code. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set forth in Recitals, Part A, of this Ordinance are true and correct. SECTION 2: This Council hereby finds and determines that the subject amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations. SECTION 3: 16.16.160 - A. Section 16.16.160.A. is hereby is amended to read, in words and figures, as follows: ExDirat!on. The approval or conditional approval of a Tentative Subdivision Map shall expire three years tw~rHy four month~ from the date of the adoption of the resolution by the Planning Commission approving or conditionally approving the map. An extension to the expiration date may be approved as provided in Section 16.16.170(-B-~. Ordinance 595 Page 2 SECTION 4: Section 16.16.170 is hereby amended to read in words and figures, as follows: 16.16.170 - Extensions. A. Reauest by Subdivider. The Subdivider or his representative may request an extension of the expiration date of the approved or conditionally approved Tentative Subdivision M,~p by written application to the Community Development Department. The application shall be filed not less than sixty days before the map is to expire, and shall state the reasons for requesting the extension. D. City Planner Action. The City Planner may extend the approval of a Tcntative Tm~ Map if he finds that them has bccn no significant changes in the General Plan La/tcl U~e Clemcnt, D~vctop,,~nt Cocl~ or othcr applicable Specific/Com,~tunity Plan, oh&factor of the arco within which thc map is located, or cu,~nt planning policy or pest practice their would causc thc approved nlap to become inconsistent or non-conforming. If the City Planner finds that there is significant ch&n~e, the City Planetar shall re for the cxtension roqucst to the Planning Commission for consideration. B. Planning Commission Action. All time extension requests shall be processed in the same manner as the original Tentative Subdivision Map in accordance with Chapter 16.16. C. Time Limit of Extension. Extensions may be granted in twelve month increments for a period orp~,;od3 not exceeding a total of tW'ee five years. D. Conditions of Approval. As a condition of the extension of a Tentative Tract Map, after conducting a Public Headrig, the City Planner or Planning Commission may impose new conditions or revise existing conditions on the approved Tentative Map as they find necessary. All Public Hea~ing Notice requirements of the State Subdivision Map Act shall apply. E. Aooeal of Extension. The Subdivider may appeal in writing any action of the C;~'! Plann~'to the Plannin§ C~,~mis$ion, or any action of the Planning Commission to the City Council, within fifteen days of such action in conformance to Section 16.16.130. F. Fee. The fee for processing an extension shall be pursuant to the City's Fee Resolution. G. Findings. The granting of an extension shall require the Planning Commission to make all of the findings in accordance with Section 16.16.100. all of th~ following findings to be ,,mdc by the approving body: 1. The prcviou3ly approvcd Tentative Mc.p is in substanti61 compliance with the City'~ cu,~¢nt C,~neral Plan, Specific Plans, Ordinances, plans, cod~s and policies; 2. The extension of the Tontc, tivo Map will not cause significant inconsistencies with thc current General Plan, Specific Plans, Ordinances, plans, codes and policies; Ordinance 595 Page 3 3. The extension of the Tentative Map is not likely to cause public health and safety p~blcms; 4. The extension is ~vithin the tinge limits prescribed by State law and local o~inonco. Unless ell of the above findings a/'c ~)iadc bytho approving body, the requested extension shall bc dcnie'd. SECTION 5: Section 16.20.090 is hereby amended to read, in words and figures, as follows: 16.20.090 - Expiration. The approval or conditional approval of the Tentative Parcel Map shall expire three years twenty-four months from the date of adoption of the Resolution by the Planning Commission approving or conditionally approving the map. The expiration of the approved or conditionally approved Tentative Parcel Map shall terminate all proceedings and no parcel map of all or any portion of the real property included within such Tentative Parcel Map shall be filed without first processing a new Tentative Parcel Map. SECTION 6: 16.20.100 - A. Section 16.20.100 is hereby amended to read in words and figures, as follows: Extensions. Request by Subdivider. The Subdivider or his representative may request an extension of the expiration date of the approved or conditionally approved Tentative Map by wdtten application to the Community Development Director. The application shall be filed not less than sixty days prior to the expiration date and shall state the reasons for requesting the extension. 13. C/b/Cn~jineer Action. The City £nginccr may extend tl~ app~val of ~ T~ntativo Parc~ M6p if he finds that th~ has bo~n no significant changes in the C~n~ral Plan Land Use £1c,~cnt, Daveiopn~ont Cod~ or other applicable Spocific/C~,~]~]unity Plan, chal, ecter of tha ansa v~hin which the map i~ located, or cu, w~nt planning policy or past pfactica that would cause the app~vcd ~ap to l~omc inconsistent or non-confem~ing. If the City Engineer finds that ttto~o is significant change, tha City £nginoar shaft ~cfcr the ~xt~nsion ~cquest to the Planning C~m,ld~sion for consideration. B. Planninq Commission Action. All time extension requests shall be processed in the same manner as original Tentative Parcel Map in accordance with Chapter 16.20. C. Time Limit of Extension. Extensions may be granted for a pedod or periods not exceeding a total of t/wee two years. ?¥ Ordinance 595 Page 4 D. Conditions of Approval. As a condition of the extension of a Tentative Parcel Map, after conducting a Public Hearing, the City £ngin~cr or Planning Commission may impose new conditions or revise existing conditions on the approved Tentative Parcel Map as they find necessary. All Public Hearing Notice requirements of the State Subdivision Map Act shall apply. '. E. Ar~Deal of Extension. The Subdivider may appeal in wdting any action of the City £nginccr to the Plannin,~ C~mmis~ion or any action of the Planning Commissior, to the City Council, within fifteen days of such action in conformance to Section 16.16.130. F. Fee. The fee for processing an extension shall be pursuant to the City's Fee Resolution. G. Findinqs. The granting of an extension shall require the Planning Commission to make all of the findings in accordance with Section 16.20.060. SECTION 7: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or word thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 8: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Vatley Daily Bulletin a newspaper of general circulation published in the City of Ontario, California, and circutated in the City of Rancho Cucamonga, California. ORDINANCE NO. 596 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 98-01, AMENDING SECTION 17.02.100 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, REGARDING LAPSE OF APPROVALS AND EXTENSIONS. " A. RECITALS. 1. On June 10, and continued to July 22, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly-noticed Public Headng with respect to the above-referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 98-46, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On December t6, 1998, the City Council of the City of Rancho Cucamonga conducted and concluded a duly-noticed Public Hearing concerning the subject amendment to the Development Code~ 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: This City Council hereby finds and determines that the subject amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations. SECTION 3: Section 17.02.100 hereby is amended to read, in words and figures, as follows: 17.02.100 Lapse of Approval and Extensions A. La~)se of A~)orovals. Approvals for development review, Conditional Use Permits, Variances, and Minor Deviations Exceptions shall lapse and become void 24 months five years from the approval date, unless a different expiration date is specifically established as a condition of approval and unless one of the following actions occur: Ordinance 596 Page 2 1. A Building Permit is issued in accordance with the approved entitlement and construction is commenced and diligently pursued toward completion; or, 2. A Certificate of Occupancy is issued. £xtcnsions. An extc'nsion may bc gran..tcd by tl'te City Planner for lapse of approval for projects d¢scrfbod in Subsection A of this section. Extensions may be granted in 12..month incn;,~ents and not to exceed a total of. f years from the od.qinal date of approval, unless othervise providc, d for by state law. All requests for extensions should bc filch' ~vith the City Planner at Icest 30 days pt;or to the expiration date. The City Planner may extend the approwi oft project if he finds that there have been no significant changes in the Land Use £1cnlent, Dcvelop,)~ent Cod~, or other applicable Specific/Con)munity Plan; character of the area within which the project is located; or cuncnt planning policy or past practice that would cause the approved project to bec~me inconsistent or non~onforn]in~. Also, granting of an extension should not be detrimental to the safety or welfare or materially injurious to propc,~ies or impnsvcments in the vicinity. If the City Planner finds that there is significant change, the City Planner shall rcfcrtho extension to the Planning Com,),ission for consideration. SECTION 4: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or word thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin a newspaper of general circulation published in the City of Ontado, California, and circulated in the City of Rancho Cucamonga, California. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: January 6, 1999 Mayor and Members of the City Council Jack Lain, AICP, City Manager Brad Bullet, City Planner Rudy Zeledon, Assistant Planner DEVELOPMENT CODE AMENDMENT 98-02 - CITY OF RANCHO CUCAMONGA- A request to amend the regulations for second dwelling units. RECOMMENDATION The Planning Commission recommends approval of Development Code Amendment 98-02, through the adoption of the attached Ordinance. BACKGROUND/ANALYSIS The subject applicati~)n was initiated by the Planning Division to help cladfy unclear parking requirements for second dwelling units~, provide additional cdteria to help reenforce single family residential use as the primary use of a property, and to provide some flexibility for proposed projects on parcels of one-ha4.a~e or more. After researching various alternatives for the development of appropriate criteria for second dwelling units and conducting two public hearings at the Planning Commission, the Planning Commission has recommended the following changes to the Development Code. 1. Existing Criteria: 'The unit does not exceed 640 square feet." Proposed Criteria: The unit shall not exceed 640 square feet if the parcel is less than 20,000 square feet; if greater than 20,000 square feet, the second unit can exceed 640 square feet but may not be greater than 950 square feet or 30 percent of the main dwelling unit, if attached. (Unit size is exclusive of enclosed parking space requirement) Existinq Criteria: 'q'he unit shall provide parking and access per Chapter 17.12, except temporary removable units shall provide one off-street parking space." Proposed Criteria: The unit shall provide parking and access per Chapter 17.12 and provide one enclosed parking space per bedroom, not to exceed two enclosed spaces per unit. The enclosed parking space shall not be located in the required front or side yard setback for the primary unit. Temporary removable units shall ~Second dwelling unit means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more per. sons, including provisions for living, sleeping, eating, cooking, and sanitation, on the same lot as the primary residence. CITY COUNCIL STAFF REPORT DCA 98-02 - CITY OF RANCHO CUCAMONGA January 6, 1999 Page 2 front or side yard setback for the primary unit. Temporary removable units shall provide one off-street parking space." 3. Proposed Additional Criteria: Lot Size: A second dwelling unit may be established on a lot or parcel of land having a minimum of 10,000 square feet. Height: A second dwelling unit shall be limited to one-stow, shall not exceed 16 feet in height, and shall not exceed the height of the main dwelling The Planning Commission held two advertised public hearing on the subject application on June 10, 1998 and October 14, 1998. No written or oral opposition to the Development Code Amendment was received. In reviewing Development Code Amendment 98-02, the Planning Commission had some concerns about increasing the size of second dwelling units from 640 square feet to 1,200 square feet. The Commission determined that a 640 square foot second dwelling unit was too small and that a 1,200 square foot second dwelling unit was too large. After considerable discussion the Planning Commission agreed to limit the size of second dwelling units to 950 square feet. Therefore, the Planning Commission recommends approval of Development Code 98-02 through the adoption of the attached ordinance. ENVIRONMENTAL ASSESSMENT The amendment is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, pursuant to Section 21080.17. CORRESPONDENCE This item has been advertised as a public hearing in the Inland Valle,/Daily Bulletin newspaper. FACTS AND FINDINGS The facts listed in the Planning Commission Resolution No. 98-75 support the requisite findings in support of Development Code Amendment 98-02. City Planner BB'F'Z:mlg Attachments: Exhibit "A" - Planning Commission Staff Report dated October 14, 1998 Exhibit "B" - Planning Commission Minutes dated June 10 and October 14, 1998 Exhibit "C" - Planning Commission Resolution No. 98-75 Ordinance Approving Development Code Amendment 98-02 CITY OF RANCHO CUCAL..oNGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: October 14, 1998 Chairman and Members of the Planning Commission Brad BulleL City Planner Rudy Zeledon, Assistant Planner DEVELOPMENT CODE AMENDMENT 98-02 - CITY OF RANCHO CUCAMONGA- A request to amend the regulations for second dwelling units for consistency with changes in State law. (Continued from September 23, 1998.) BACKGROUND: The Development Code Amendment request was originally reviewed by the Planning Commission at their meeting on June 10, 1998. At that meeting, the Commission raised several issues with regards to the proposed changes and directed staff to research the issues and address them. Staff has reviewed various alternatives for the development of appropriate criteria for second dwelling units. Attached are the previous staff report and minutes. ANALYSIS: Planning Commission Concerns: In reviewing the proposed code amendment, the Commission questioned the appropriateness of almost doubling the unit size for second dwelling units~ from 640 to 1,200 square feet and having two units on a single family lot. The Commission requested information on the zoning for second dwelling units, the number and location of past approvals, and consideration of additional development criteria. Second dwelling units are conditionally permitted in Very Low, Low, and Low-Medium Residential Districts. Since 1993, the City has approved five Conditional Use Permits for second dwelling units (see Exhibit "D"), Four out of five of the approved second dwelling units are located in the Very Low Residential District and range in size from 813 square feet to 1,200 square feet State law:. In 1982, a State law was enacted to encourage local governments to provide for second units in response to the need for affordable housing and to prevent local governments from precluding second units. In response to the new state legislation, the City adopted Ordinance No. 204, in June of 1983, which allowed second dwelling units in single family residential zones. In August of this year, the City Attorney informed staff that the State law, ~ Second dwelling unit means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking, and sanitation, on the same lot as the primary residence. PLANNING COMMISSION ,~ FF REPORT DCA 98-02 - CITY OF RANCHO COCAMONGA October 14, 1998 Page 2 which allows a maximum of 1,200 square feet for a detached dwelling unit or not to exceed 30 percent of the main dwelling if attached, only applies to cities that had adopted a second dwelling unit ordinance after July 1, 1983. Since the City adopted its ordinance prior to July 1, 1983, it is exempt from conforming to the above state regulation and is allowed to establish minimum (not less then 150 square feet) and maximum unit size requirements for both attached and detached second dwelling units a's well as establishing additional criteria to regulate these units. Reasons for Development Code Amendment 98-02: The requested amendment to second dwelling units will help clarify unclear parking requirements, provide additional criteria to help reenforce single family residential use as the primary use of a property, and provide some flexibility for proposed projects on parcels of one-half acre or more. Staff has reviewed and researched various options for second dwelling units and feels that the proposed changes adequately address the Planning Commission's concerns. Therefore, staff recommends the following changes to the Development Code: 1. Existina Criteria: "The unit does not exceed 640 square feet." Proposed Criteria: The unit shall not exceed 640 square feet if the parcel is less than one-half acre; if greater than one-half acre, the second unit can exceed 640 square feet but may not be greater than 1,200 square feet or 30 percent of the main dwelling unit, if attached. (Unit size is exclusive of enclosed parking space requirement.) Existing3 Criteria: 'q'he unit shall provide parking and access per Chapter 17.12, except temporary removable units shall provide one off-street parking space." Proposed Criteria: The unit shall provide parking and access per Chapter 17.12 and provide one enclosed parking space per bedroom, not to exceed two enclosed spaces per unit. The enclosed parking space shall not be located in the required front or side yard setback for the primary unit. 3. Proposed Additional Criteria: Lot Size: A second dwelling unit may be established on a lot or parcel of land having a minimum of 10,000 square feet. Height:. A second dwelling unit shall be limited to one story, shall not exceed 16 feet in height, and shall not exceed the height of the main dwelling unit. ENVIRONMENTAL ASSESSMENT: The amendment is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, pursuant to Section 21080.17. CORRESPONDENCE: This item has been advertised as a public hearing in the Inland Valley Daily Bulletin newspaper. PLANNING COMMISSION ,r FF REPORT DCA 98-02 - CITY OF RANCr~O CUCAMONGA October 14, 1998 Page 3 RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution Recommending Approval to the City Council. Respectfully submitted, Brad Buller City Planner BB:RZ/jfs Attachments: Exhibit "A" - Staff Report and Minutes dated June 10, 1998 Exhibit "B" - California Government Code, Section 65852.2 Exhibit"C" - Existing and Proposed changes to Development Code Section 17.08.030. E.6 Exhibit "D" - Map of approved second dwelling units from 1993 to 1998. Exhibit "E" - Survey of second dwelling unit ordinances by community rs. Rancho Cucamonga Resolution Recommending Approval CITY OF R~&',,'CHO CUCAN[ONGA -- STAFF REPORT DATE: TO: FROM: BY: SUBJECT: June 10, 1998 Chairman and Members of the Planning Commission Brad Bullerl City Planner Rudy Zeledon, Planning Technician DEVELOPMENT CODE AMENDMENT 98-02 - CITY OF RANCHO CUCAMONGA - A request to amend the regulations for second dwelling units for consistency with changes in State law. ABSTRACT: The Development Code regulates second dwelling units'. This amendment is necessary because of changes in State law to encourage this form of housing for family members, students, the elderly, in-home health care providers, and the disabled. ANALYSIS: Currently, the Development Code requires that second dwelling units shall not exceed 640. square feet. State law now allows a maximum of 1,200 square feet for a detached dwelling unit or not to exceed 30% of the main dwelling if attached. State law also mandates that the City cannot require parking for second dwelling units exceeding 1 parking space per unit or bedroom. Our Development Code has been interpreted to require 2 parking spaces within a garage. Staff recommends the following changes to the Development Code, in order to be in compliance w~th state law and to help clarify inconsistencies: 1. Existincl Criteria: "The unit does not exceed 640 square feet" Proposed Criteria: The total floor area shall not exceed 1,200 square feet for a detached unit or 30 percent of the main dwelling for an attached unit, Existing Criteria: "The unit shall provide parking and access per Chapter 17.12, except temporary removable units shall provide 1 off-street parking space" Proposed Criteria: The unit shall provide access per Chapter 17.12 and 1 enclosed parking space per bedroom, not to exceed 2 enclosed parking spaces per unit. Temporary removable units shall provide one off-street parking space. Second dwelling umts means an attached or a detached residential dwelling unit which prowdes cor'n01ete independent living facilities for one or more persons, including prowsions for living, sleeping, eating. cooking, and sanitation, on [he same lot as ~he 0r~mary residence. PLANNING COMMISSION STAFF REPORT DCA 98-02- CITY OFRANCHO CUCAMONGA June 10,1998 Page 2 ENVIRONMENTAL ASSESSMENT: The amendments are exempt from the requirements of the California Environmental Quality Act of 1970, as amended, pursuant to Section 21080.17. CORRESPONDENCE: The item has been advertised as a public hearing in the Inland Valley Daily Bulletin newspaper. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution recommending approval to the City Council. Respectfully submitted. Brad Bu~ City Planner BB:RZ:mlg Attachments: Exhibit "A" - Existing and Proposed changes to Development Code Section 17.08.030 (E.6.d and 0. Exhibit "B" California Government Code, Section 65852.2 Resolution Recommending Approval Ordinance TBE PLANNIING AND ZONING LAW Establishment of z~ning di~t~ict~ Uniform~ "Granny" housing Local second unit ordinances Standard~ to evaluate proposed second residential units or safety. This pmMbition shall be applicable to charter cities since the pmmodoo of the use of no~fossil fuei sources of energy. such as solar energy and energy conservation measures, is a n~-,',' of statewide conezra. This section shall not apply to ordinances wMch impose reasonable tea~ctions on solar enea~y systems. However, it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto. Accordingly, reasonable restrictions on a solar energy system ate those restrictions which do not significantly the cost of the system or significantly decrease its efficiency, or wMch allow for an alternative system of comparable cost and efficiency. For the purposes of this section. "solar energy system" shall have the same meaning as set forth in Section 801.5 of the Civil Code. (Added by $tat~. 1978. Ch. 1154.) 65851. For such purposes the legislative body may divide a county. a city. or portions rhea'col. into zones of the number. shape and area it deems beat suited to catW out the purpose of..this chaptat. (Added by $tat~. 19~$, Ch. 1880J 65852. All such regulations shall be uniform for each cla~ or l~nd of building or m of land throughout each zone, but the regulation in one type of zone may differ from those in other types of zones. (Repealed and added by $tat~. 1965. Ch, 1880.) 6585~1. Notwithstancting Section 65906. any city, including a charter city. county, or city and county may issue a zoning variance, spe~:ial use permit, or conditional use permit for a dwelling unit to be constoa ted, or which is attached to or detached from. a primary residenc~ on a parcel zoned for a single-family residenc~ if the dwelling unit is intanded for the sole occupancy of one adult or two adult peasons who ate 62 years of age or over, and the area of floor space of the attached d welling unit does not exceed 30 percent of the existing Living area or the area of the floo~ space of the detached dwelling unit does not exceed 1,200 squa~ feet. This section shall not be construed to Limit the requirements of Section 63852.2. or the pow~' of local governments to permit second units. (Amended by $tat~. 1982, Ch. 1440: Amendtd by great. 1990. Ch. 1150.) 65852.150. The L~gislatttte finds and declares that second units ate a valuable form of hou.~ng in California. Second units provide housing for family members. students. the elderly, in-home heals cat= provide~ the disabled. and othe:~. at below market prices within existing neighborhoods. Homeowners who create ___u'eond_ units benefit from added income. and an increased sen~ of security. It is the intent of the Legislature that any second-u,.fit on:Linanc~ adopted by local agencies have the effect of providing for the creation of second units and that provisions in ~ ordinances relating to rnatlm~ incJuding unit size, paddng. fees and other requiremunts, ate not so arbitrary. e.x~?_'ve, or burdensome so as to utm:amaably rostrict tha abiLity of homeowners to et,-~-; second units in zones in which they ate authorized by local o~Linance. (Added by $tau. I994. CA. 580.) 65852.2. (a) Any local agency may. by ordinance. provide for the creation of secoad units in single,- family and multifamily residential zones. The ordinance: (I) May designate at~as within the jurisdiction of the locaJ agency where ___~'eoed_ units may be permitted. The d~ignation o f areas may be based on criteria. which may include. but ate not Limited to. the adequacy of water and sewex servic~ and the impact of second unit~ on traffic flow. (2) May impose standar~ on second units which include, but ate not limited to. pati~ing. heig~ setback. lot coverage. an:hitectural review. and maximum size of a unit. (3) May provide that___~,cc, nd_ units do not ex__,-eed__ the allowable density for the lot upon which the second unit is located. and that sncond units ate a residential use tha~ is consistent with the existing gnmeral plan and zoning designration for the [oL (4) May establish a proc__~_~ for the issuance of a conditional use permit for ~cond unila. (5) Shall not be considen:d in the applicafi.o~ of any local ordinance. policy. or program to limit ~ideatial ~rowth. (b) ( i ) When a Iooai agency which h~ not adopted an o~Linance goveming__~x'o__nd units in acca:a'deace wi~ $uixlivision (a) or (c). receives its tint application on or after July I, 1983. for a conditional use permit i:ntrmant to thi~ sulxlivision. the local agency shall ac, cep~ the application and approve or disapprove the application purerant to ~ sub~ vision unless it adopts an ordinance in accordance with subdivision (a) or (c) within 120 day,s aP, m' nw, eiving the application. Notwithstanding Section 6590 !. every local agesoy shall grant a special use or a conditional use permit for the creation of a second unit if the second 1,ulit complies with all of the following: (A) The unit is not intended for sale and may be rental. (B1 The lot is zoned foe single-family or multifamily use. (C~ The lot contains an existing single-family dwelling. (D) The second umt is either attached to the existing dwellin g and located within the living area of the eaisti .nlzdwelling or detached from the existing dwelling and Ioca_~_ed on the same lot as the r. xiating dwelling. (E) The increased floor axes of an attached second unit shall not exce,_,~l___ 30 peathint of the existing living area. (F') The total area of floor space for a detached second unit shall not e;e~,,~__ 1.200 seSm~ feet. (G) Requiremenu relating to height, se~ack. lot coverage. architectural nview, site plan review, fcea. charges, and other zoning requirements generally applicable to rmidential construction in the zone in which t~ property is 1ocauM. (H) Local building code requirements which apply to detached dwellings. as appropriate, 64 ' 1996 Planning, Zoning, and Development Laws ~ PLA~NNING AND ZONI1NG LAW (!) Approval by the local health ofHcer wher~ a private sewage disposal system is being used, if required. (2) No other local ordinance, policy. or regulation shall be the basis for the denial ofa tnfilding permit or a use permit under this su/:n:tivision. (3) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed second units on lots zoned for residential use which contain an existing single-family dwelling. No additional sm~hrds. other than those provided in this subdivision or subdivision (a). shall bc utilized or imposoL except that a foes/agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (4) No changes in zoning ordinances or other ordinances or any changes in the geuerai plan shall be required to implement this subdivision. Any local agency may amend its zoning ordinance or general plan to incorporate the policies. procedures, or other provisions applicable to the creation of second units if these provisions m consigent with the limitations of this subdivision. (5) A second unit which conforms to the requirements of th/s suixlivisio/~ shall not be considered to exceed the allowable density for the lot upon which it is located. and shall be deewed to be a residential use which ia consistent with the existing general plan and zoning designations for the lot. The _s..o~l units shall not be consichazd in the application of any local ordinance. policy. or program to limit residential growth. (c) No local agency shall adopt an ordinance which tinally prez:iudes second units within single-family and multifamily zoned areas unless the ordinance contains findings acknowledging that ~ o~linanc~ may limit housing opportmx/ties of the region and further contains findings that specific adverse impacts on t~ public health. safety. and welfare chat would result from allowing second units within single-family and multifamily zoned areas justify adopting the ordinance. (d) A local agency may establish minimum and maximum unit ~ requirements for ~..n~'~d and detached units. No minimum siz~ for a second unit. or sizo based upon a ~ of th~ existing dwelling. shall be established by ordinance for either attached or detached dwellings which does not permit at least an efficiency unit to be constructed in compliance with local development standards. (e) Parking requirements for second units shall not exceed one parking space per unit or per beztmorm Additional parking may be required provided that a finding is made that the additional parking requirements are directly tel-..'.4 to the use of the second unit and ar~ consistent with e. zisting neighborhood standers applir.~ble to ~g dwellings. Off- street parking shall be permitted in setl ack areas in locations detesmimgl by tho local agraroy or tAmugh tsndem parking. unless specific findings a~ made that parking in setlmck area or tanchan ~ is not feasible based upon specific site or regional topographical or fire and life safety conditions. or that it is not permitted anywher~ else in the jurisdiction. (t') Fees charged for the construction of second units shall be determinnd in agz:ordamm with Cbalxer $ (comme. ncing with Section 66000). fg) This section does not limit the authority of local agencies to adopt less restrictive requirennents for the ~'e. afion of second units. (h) Local agencies shall submit a copy of the ordinances adopted pursuant to subdivision (a) or (c) to the Department of Housing and Community Development within 60 days after adoption. (i) As used in this section. the following terms mean: (1) "Living area." means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agency" means a city. county. or city aml county. whether gm~ral law or chartered. (3) For purposes of this section. "neighberhond" has the same nmaning as set forth in Section 65589.5. (4) "Second unit" means an attach~ or a detached residential dwelling unit which provides comple~ independent living facilities for one or mor~ peWOhS. it shall include permanent pmvis/om for living. slnel~ng. eating. cooking. and sanitation on the same patrol as the single-family dwelling is sit--....4 A second unit atso inclodes the following: (A) An efficiency unit. as defined in Section 17958. ! of Health and Safety Code. (B) A manufactured home.. as defined in Section 18007 of the Health and Safety Code. Note: Stats. 1986. C!g !~6. also marls: SEC. 2. This act M~MI ___h..eom~_ operative April 1. 1987. (A dried by $tms. 198'2. CK 1440. £.0"ecr~e ./,/y 1. 19~$: .4 mended by Stats. 1996. C~. 1 $6: Am~.nd~d by $ua~ i 990. Ch. 1150: Amend~ by Smt. z 199~. C~. Note: Stats. 1982. Ch. 1440. also reads: SEC. 1. (a) The Legislature finds and declares that there is a tmmenclous unmet need {'or new housing to shelter Califomia's population. The unmet housing needs will be further aggravated by the severe curbs-rs in federal housing programs. (b) The Legislature finds and declares that Call fornia's existing housing resoorces are vastly underufi lized due in large pan to the changes in social patterns. The improved ut.qization of this stete's existing housing msourr. es offers an innovative and cost-effective solution to Califoroia's housing crisis. (c) The Legislature finds and declares that the state has a role in increasing the utilization of C. alifornia's ho~sing resources and in reducing the barriers to the provision of afford~l¢ housing. (d) 'i'he Legislature finds and declares that there are many I~.'nefits associated with the creation of second-family residential units on existing single-family lots. which include: ( 1 ) Providing a cost-effective means of serving development through the use?existing infr&m~:mres. as contrasted to requiring the construction of new costly infrastructures to serve development in undeveiopexi aress. Necess~.ry fm~ for prohibiting second Definitions Uncodifled policy 1996 Planning, Zoning. and Development Laws * 65 Rancho Cucamonga Development Code ' Section 17. 08. 030 The Design Review Committee shall determine if the placement of the mobile home is compatible to the immediate area in which it is being placed in accordance with Section 17.06.010 and the following criteria: (1) The design of the mobile home unit shall be similar in character and appearance to other dwellings in the area for such things as unit size, roof overhangs, roof materials and e>~terior materials. (2) All building setbacks, parking, coverage, height, width and sign requirements of the base District shall apply. Recreational Vehicle Storaqe Yard. The parking and storage of recreational vehicles in proximity to residential users shall be permitted only on lots of 2 acres or more unless part of a master planned development, subject to approval of a Conditional Use Permit. All storage activities shall be screened from public view by a combination of block or masonry wall, barming, dense landscaping, or building mass. Retail or wholesale activity, Commercial dismantling, repair or storage wrecking activities or the storage of junk or salvage materials or dismantled parts are prohibited. Second Dwellin(3 Units. Permitted subject to approval of a Conditional Use Permit and the following criteria: The unit may be constructed as an accessory building or attached to the primary residence on a parcel in a single family residential district. The unit is not for sale, but for rental purposes only, or use by a member of the immediate family. The lot contains an existing single family detached residence, and does not contain a guest house. Thc unit decs net ¢xe~eel 640 S~luorc feet. The unit shall not exceed 640 square feet if the parcel is less than one-half acre; if greater than one-half acre, the second unit can exceed 640 square feet but may not be greater than 1,200 square feet or 30 percent of the main dwelling unit, if attached. (Unit size is exclusive of enclosed parking space requirement) Lot size: A second dwelling unit may be established on a lot or parcel of !and having a minimum of 10,000 square feet. Height: A second dwelling unit shall be limited to one story, shall not exceed 16 feet in height, and shall not exceed the height of the main dwelling unit. e. The unit shall have a separate entrance from the main residence. !,t~ s/ 17.08-8 3/96 Rancho Cucamonga Development Code Section 17. 08. 030 Thc unit 3hell providc perking and acccas pcr Chaptcr 17.12, cxocpt tcmporary rc~noveblc unite shall providc eric off 3troct perking spncc. The unit shall provide parking and access per Chapter 17.12 and provide one enclosed parking space per bedroom, not to exceed two enclosed spaces per unit. The enclosed parking space shall not be located in the required front or side yard setback for the primary unit. Temporary removable units shaft provide one off. street parking space. The unit construction shall conform to the site development criteria applicable to accessory buildings or additions to main residence in the base district in which the unit is located The use of temporary/removable structures for a second dwelling unit shall be limited to the sole occupancy of one or two adult persons who are 60 years of age or over and related to the occupants of primary residence by blood, marriage, or adoption. Further, said structure shall be restricted to the area at the rear of the primary residence and adequately screened from public view from the street. The unit may require design review, pursuant to Section 17.06.010-E, as determined by the City Planner. The applicant shall submit to the Building and Safety Division written certification from the affected water and sewer district that adequate water and sewer facilities are or will be available to serve the proposed unit. For units using septic facilities allowable by the Santa Aria Regional Quality Control Board and the City, written certification of acceptability including all supportive information shall be submitted. Uses Within Recoqnized Historical Structures. Existing historical landmarks and focal points which have been recognized by the City as having historical significance are encouraged to be enhanced through physical improvements. Historical structures within a residential district may be used for uses other than residential based upon the following criteria: a. A conditional use permit shall be approved by the Planning Commission. Any use proposed shall not cause intensification or disruption to any adjacent uses or neighborhood. C4 The uses shall be limited to small scale uses such as, but not limited to, boarding house, bed and breakfast inn, minor offices, boutique, antique shop, book store, or fiodsL do The site and structure shall be fully improved to include such things as, but not limited to, landscaping, parking, new exterior building materials (roofing, siding, painting), walls or fences, street improvements, drainage facilities, etc. Telecommutinq Centers. Single-family development of 500 or more units shall provide a telecommuting center or contribute toward the development of one in an amount satisfactory to the City Council. 17,08-9 3/96 Approved Second Dwelling Units From 1993-1998 1.. CUP 2. CUP 3. CUP 4. CUP 5. CUP 95-04 8455 Hillside (VL) 93-44 8761 Sierra Madre (L) , 96-16 5653 Beryl (VL) 96-33 9748 Cottonwood Way (VL) 97-26 5515 Amethyst (VL) Second Dwelline Units Conditionally Permitted in the Following Districts: Very Low Residential (Min. lot size 20,000 sq. ft.) Low Residential (Min. lot s/ze 7,200 sq. ft.) Low Medium Residential (Min. lot size 5,000 sq. ft.) City Limits ......... Unicorporated Area Within City F..xf6 i-f "b" Sphere of Influence SURVEY OF SECOND -WELLING UNIT ORDINANCE' :::3YCOMMUNITY 10. CLAREMONT UPLAND x X SECOND UNIT CRITERIA Conditional Use Permit Req'd Temporary Use Permit Req'd. Second unit can be at&ached or detached. Limit to rental only or use by immediate family member. Oesign continuity with existing home. Prohibits the division of property. Must meet building, fire, setback, and service requirements. Minimum lot coverage. Minimum Joi~ size of 10,000 square feet for second dwelf/ng unit. Limit unit to certian residential districts. Umit beige,! of unit under 16 feet. I LA VERNE RC x x X X X X ', X X X X X 11, X X X X X X X X X X X X X ~r 12. Limit height per zoning district. 13. I.Jmits unit to one story. X 14. Minimum distance required between second unit and main dwelling. 15. Property owner must live in main X unit at time of CUP approval. 16. Limit size of second unit. X 17. Limit second unit size to 640 square feet or under 600 square feet. 18. Second unit can exceed 640 square X feet. 1 g. Subiect to driveway/parking req'd. X 20. One on-site parking required. X 21, Enclosed parking space req'd. X 22. Minimum of one covered parking X space. 22. No additional driveway approaches X from public streets. 23. Separate entrance from may unit required 24. Second unit may be cons[ructed over existing garage. 25. Seo:md unit may not be constructed X over exisffr~g garage. · 15 feet in required rear yard only. 35 feet outside requLred yard. [Proposed criteria adoption. X X X X X X X X X X X X X X PUBLIC Chairman Barker observed t,~at ' ~ reques~.ed the '*¢ be continued to July '~'~ 1998. H~ continued the item to July 22, 1998 C. DI=VF::LOPMFNT CODF AMICNOMI::NT 98-02 - CI.TY OF RANCHO CUCAMONGA -A request to amend the regulations for second dwelling units for consistency with changes in state law. Rudy Zeledon, Planning Technician, presented the staff report. Chairman Barker observed that the staff report indicated the changes were I~eing requested in order to bring the Cit'y's ordinance into compliance with state law. He asked if the changes are mandated by state law. Mr. Zeledon replied they are; however the second dwelling unit must ~lso meet setback requirements. Commissioner McNiel suggested continuing the matter to allow a review of the setbacks and possible incorporation of further restrictions. He felt that a 1,200 square foot dwelling is another house and not what was originally envisioned as a granny flat. Brad Bullet, City Planner, stated City staff has been operating under the state law and recenIly approved some structures meeting the new state standards. He suggested staff indicate where projects have been approved and built. Chairman Barker asked that staff also indicate where such second dwelling units could be built. He objected to the state's telling the City it will have smaller lots. : Mr. Bullet said the City has a choice as to where second dwelling units are permitted. Chairman Barker observed that the state is in effect changing 1/2 acre zoning into 1/4 acre zoning. Mr. Bullet reported that second dwelling units are appearing on the 1/2 acre lots because smaller lots are too small to allow the second unit to meet the required setbacks. Commissioner Bethel asked if the City can specify what lots.can have second dwelling units. Chairman Barker stated the City zoned for larger lots in some areas. He observed that local governments often roll over because someone else has made a decision and he resents such decisions being forced on the City. He noted that El Monte now has two and three houses on what used to be single lots. Motion: Moved by McNiel, seconded by Bethel, to continue development Code Amendment 98-02 tO .July 27, 1998. Motion carried by the following vote: AYES: NOES: ABSENT: BARKER, BETHEL, MCNIEL NONE MACIAS, TOLSTOY - carried Planning Commission Minutes -2- June 10, 1998 ¢/ CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting October 14, 1998 Chairman McNiel called the Regular Meeting of the City of Rancho Cuc~ a Planning Commission to order at 7:00 p.m. The meeting was he, ld in the Council at Rancho Cucamonga Civic Center, 10500 Civic Center Ddve, Rancho Cucamon¢ ;alifornia. Chairman McNiel then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: Rich Macias, John M~ Peter Tolstoy Larry McNiel, Pain Stewart, ABSENT: None STAFF PRESENT: Brad Bullet, City Plan Deputy City Attorn Engineer; Brer Commission Dan Coleman, Principal Planner; Michael Estrada, Fong, Senior Planner;, Dan James, Senior Civil Count, Associate Planner;, Gall Sanchez, Planning ¥; Rudy Zeledon, Assistant Planner ANNOUNCEMENTS Presentation of Pf ~tion to E. David Barker Chairman M( Barker. presented a proclamation to former Planning Commission Chairman E. David Mr.B Co )mmented that he had faith in the Commissioners he had worked with and wished the good luck. PUBLIC HEARINGS DEVELOPMENT CODE AMENDMENT 98-02 - CITY OF RANCHO CUCAMONGA - A request to amend the regulations for second dwelling units for consistency with changes in State law. (Continued from September 23, 1998) Rudy Zeledon, Assistant Planner, presented the staff report and suggested clarification in the language to restrict the size of the second unit to 640 square feet if the parcel is less than 20,000 square feet. Chairman McNiet opened the public hearing, There were no comments and he closed the hearing. He asked for clarification that the City is not subject to state law as written with respect to square footage because the City's ordinance was in place prior to July 1, 1983. Michael Estrada, Deputy City Attorney, confirmed that was correct. Chairman McNiel stated he would rather start small and ease up toward the 1,200 square feet. H'e suggested 900 square feet and thought it would logically restrict opportunities to build the units specificaily for rentals. Commissioner Mannedno agreed that 1,200 square feet may be larger than necessary. He suggested 1,000 square feet. Chairman McNiel suggested compromising at 950 square feet. Motion: Moved by Mannerino, seconded by Tolstoy, .to adopt the resolution recommending approval of Development Code Amendment 98-02 with modification to limit the second dwelling unit to a maximum of 950 square feet. Motion carried by the following vote: AYES: NOES: ABSENT: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NONE NONE - carried ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 97-4.~ MASI COMMERCE PARTNERS - The development of three auto service buildings 20,400 square feet on 2.23 acres of land within the Masi Plaza in the Industrial Park Di (Subarea 7) of the Industrial Area Specific Plan, located at the southwest side Drive and Sebastian Way -APN: 229-011-56 through 60. (Continued from Sep 23,, 1998) C. ommissioner Mannerino recused himself from the discussion dealings. of previous business Nancy Fong, Senior Planner, presented the staff report. Chairman McNiel observed that Building 22 backs up t( would be located between the back of the building a existing block wall. He asked what wall. Ms. Fong replied that it is about 10 feet wide an indicated the area is on a 2:1 slope. ~re is water drainage and a return wall. She Chairman McNiel asked if the Fire Oepa wall. had accepted the absence of man doors along that Ms. Fong replied it is acceptabh ;he said the area will be landscaped. Chairman McNiel opened )ublic hearing. Michael Scandiffio, M~ Commerce Partners, 11871 Foothill Boulevard, Rancho Cucamonga, agreed with the staff ~ort. He showed one of the plaques to be installed along Vintner's Walk. Hearing no furth~ testimony, Chairman McNiel closed the public hearing. Commission y noted that the City has suggested that automotive related businesses be gathered a center rater than having individual businesses along Foothill Boulevard. He Celt this app ion falls into that category and was pleased it is not on a major street. He indicated Planning Commission Minutes -3- October 14, 1998 RESOLUTION NO. 98-75 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT NO. 98-02, AMENDING SECTION 17.08.030, PERTAINING TO SECOND DWELLING UNIT REGULATIONS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for Development Code Amendment No. 98-02, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application," 2. On June 10, and continued to July 8, August 12, September 9, September 23, and October 14, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headrig on the application and concluded said hearing on the latter date. 3. All legal prerequisites pdor to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The amendment is warranted in order to be in compliance with State law. b. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. That the proposed amendment promotes the goals and objectives of the Development Code; and c. That the proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. That the proposed amendment is in conformance with the City's General Plan. 4. This Commission hereby finds that the proposed amendment has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and PLANNING COMMISSION RESOLUTION NO. DCA 98-02 - CITY OF RANCHO CUCAMONGA October 14, 1998 Page 2 the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with certainty that there is no possibility that the proposed amendment will have a significant effect on the environment and, therefore, the proposed amendment is exempt pursuant to State CEQA Guidelines, Section 21080.17. 5. Based upon the findings and conclusions set'forth in paragraphs 1,2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment 98-02 as shown in the Ordinance attached hereto. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF OCTOBER 1998. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cqcamonga, do . hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of October 1998, by the following vote-to-wit: AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT NO. 98-02, AMENDING SECTION 17.08.030 PERTAINING TO SECOND DWELLING UNIT REGULATIONS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for Development Code Amendment No. 98-02, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Development Code Amendment is referred to as "the application." 2. On June 10, and continued to July 8, August 12, September 9, September 23, and October 14, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on the latter date. 3. On · , the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council dudng the above- referenced public headrig on , including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The proposed amendment is warranted in order to be in compliance with State law. Code. b. The proposed amendment will not have a significant impact on the environment. c, The proposed amendment promotes the goals and objectives of the Development d. The proposed amendment is in conformance with the General Plan. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Council hereby finds and concludes as follows: a. The proposed amendment does not conflict with the Land Use Policies of the General Plan and will provide for development in a manner consistent with the General Plan and related development; and CITY COUNCIL ORDINANCE NO. DCA 98-02 - CITY OF RANCHO CUCAMONGA Page 2 b. The proposed amendment promotes the goals and objectives of the Development Code; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The proposed amendment is in conformance with the General Plan. 4. This Council hereby finds that the proposed amendment has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with certainty that there is no possibility that the proposed amendment will have a significant effect on the environment and, therefore, the proposed amendment is exempt pursuant to State CEQA Guidelines, Section 21080.17. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves Development Code Amendment No. 98-02, amending Section 17.08.030.E.6.d. & f. to read as follows: '°d. Thc u¢,it docs not cxceed 6~10 square fcct. The unit shall not exceed 640 square feet if the parcel is less than 20,000 square feet; if greater than 20,000 square feet, the second unit can exceed 640 square feet but may not be greater than 950 square feet or 30 percent of the main dwelling unit, if attached. (Unit size is exclusive of enclosed parking space requirement) Lot size: A second dwelling unit may be established on a lot or parcel of land having a minimum of 10,000 square feet. Height: A detached second dwelling unit shall be limited to one story, shall not exceed 16 feet in height, and shall not exceed the height of the main dwelling uni~: Th= unit shall prorid= parking end access per Cha¢¢r 17.12, ¢xc~pt tc~i~or8;'/~,tovabl~ units 3hall provide onc off strcct parkk'~g s~occ. The unit shall provide parking and access per Chapter 17.12 and provide one enclosed parking space per bedroom, not to exceed two enclosed spaces per unit. The enclosed parking space shall not be located in the required front or side yard setback for the primary unit. Temporary removable units shall provide one off- street parking space." 6. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason. deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or word thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. ?? CITY COUNCIL ORDINANCE NO. DCA 98-02 - CITY OF RANCHO CUCAMONGA Page 3 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: January 6, 1999 Mayor and Members of the City Council Jack Lam, A.I.C.P., City Manager " Kevin McArdle, Community Services Director Dave Moore, Recreation Superintendent CONSIDERATION AND DISCUSSION OF THE PARK AND RECREATION COMMISSION'S RECOMMENDATION RELATING TO PARKING AT WEST BERYL PARK RECOMMENDATIONS: The Park and Recreation Commission does not recommend any further actions at this time beyond the previously approved traffic signal concerning parking at West Beryl Park. BACKGROUND/ANALYSIS: The Route 30 Ad Hoc Task Force had expressed concerns that traffic on Carnelian Street may increase due to the installation of the Route 30 on-ramp/off-ramp and impact pedestrian traffic crossing Carnelian Street to and from West Beryl Park activities. They also expressed concerns that currently pedestrians were risking their safety by crossing Carnelian Street to and from West Beryl Park activities. Usually this occurs on Saturdays and sometimes on week nights during A.Y.S.O. games. It is a common occurrence for participants and their families to park on Highland Street (west of Carnelian Street) when the West Beryl Park parking lot has filled to capacity. Once parked on Highland Street they must then cross Carnelian Street where there is currently no cross walk or traffic signal. A new traffic signal has been approved for this location and it will be installed prior to July 1, 1999. Originally, the Park and Recreation Commission approved a recommendation to the City Council intended to reduce parking conflicts at West Beryl Park and prevent the need to cross Carnelian Street until a traffic signal was to be installed. The recommendation was to require A.Y.S.O. to repro gram their games thirty minutes apart to allow teams to leave prior to arrival of the next set of teams. Following the Commission's discussion, additional concerns were brought to staff's attention by residents and members of the Route 30 Task Force. Concerns expressed addressed the fact that pedestrians were still crossing at Carnelian Street to attend the soccer games at West Beryl Park. Following further review by staff, it was found that A.Y.S.O. was complying with the Commission's recommendation to schedule their games thirty minutes apart to help alleviate the parking problems. It appears, however, that the players and coaches were taking advantage of the thirty minute gaps by arriving even earlier for warmups. City Council West Beryl Parking January 6, 1999 Page 2 Staff feels that further extending the gap between the games would not resolve the parking problem. On Tuesday, October 13, 1998, the Route 30 Ad Hoc Task Force met and discussed the issue of additional parking at West Beryl Park. The City Engineering staff presented the following options for consideration: Construct an additional parking lot containing forty parking spaces within the park north of the existing parking lot. 2. Eliminate one of the two existing playing fields from any activities. 3. Utilize the existing jogging trail/service road in the park for vehicular parking. The Route 30 Task Force recommended approval of Option 1; the construction of an additional lot containing forty (40) parking spaces within the park north of the existing parking lot. The City's Engineering Department estimates the cost at approximately $100,000. On November 19, 1998, the Park and Recreation Commission addressed the issue and reviewed the recommendation of the Route 30 Task Force, but unanimously recommended that the City not expand parking at this time until it has been determined whether the traffic signal has resolved everyone's concerns. The Commission felt that the additional parking lot may bear consideration in the future if the traffic signal does not alleviate the concern. The Park and Recreation Commission did review the following concerns regarding expanding parking at West Beryl Park. If green space is removed to expand parking, then the neighboring residents will have a parking lot adjacent to their backyard. This may present some problems for residents as the current parking lot is used seven days, six nights a week. Traffic noise and lighting may become a nuisance to the neighbors. The issue has always been the ability to cross Carnelian safely. If parking is expanded, there will be no guarantee that pedestrians will still not need to cross Carnelian Street to access West Beryl Park. ~Kev[~Mc. Ardle Community Services Director KM/DM/mv DATE: TO: FROM: CITY OF RANCHO CUCAMONGA STAFF REPORT December 28, 1998 JACK I. AM, A.I.C.P., City Manager City of Rancho Cucamonga CITY COUNCIL RODNEY HOOPS, Chief of Police Rancho Cucamonga Police Department 1977 SUBJECT: VINEYARD JUNIOR HIGH SCHOOL DOG-BITE INCIDENT INCIDENT On Saturday (October 24, 1998) at approximately 1:00 p.m., a 2-year-old female juvenile was watching a soccer game at Vineyard Junior High School (located at 6440 Mayberry Street). The 2-year-old was with her father and her 8-year-old sister. While at the school, the 8-year-old befriended a woman who had a dog on a leash. The 8-year-old female convinced the woman with the dog to allow her (the 8-year-old) to walk the dog on the leash over to show her 2- year-old sister. When the 8-year-old showed the dog to the 2-year-old, the dog growled and bit the 2-year-old in the face. The 2-year-old received a K-inch laceration on her left cheek, which required three stitches. Animal Control responded and removed the dog for further testing. The father of the injured 2-year-old reported the incident to the Rancho Cucamonga Police Department approximately eight (8) hours later (7:54 p.m.). POLICE PROCEDURES Upon receiving the call, officers responded to the chiid's residence and followed the correct Sheriffs Department procedure by taking an incident report. An incident report was taken since there was no criminal intent on the part of the dog's owner. The dog was on a leash at the time of the incident, and the victim's sister was actually in control of the dog at the time of the bite. /3/ Page Two December 28, 1998 VINEYARD JUNIOR HIGH SCHOOL DOG-BITE INCIDENT CONTACT WITH REPORTING PARTY Jay JACOBS m age 34 " Los Angeles County Deputy Sheriff Alta Loma, CA (home phone: 909-941-8669) Shortly after the incident, Mr. JACOBS called Sergeant Toni NICASSIO to complain about the lack of a criminal report being taken by the responding officer. Mr. JACOBS quoted California Vehicle Code Section 21113 [Driving or Parking on Public rounds] as a prosecutable section. Sergeant NICASSIO contacted Deputy District Attomey Nancy COOPER to inquire if any criminai/prosecutable offense had been committed. Sergeant NICASSIO received a verbal confirmation from the District Attorney's Office, that a criminal offense had not occurred. Lt. Joe HENRY and I were advised of the original complaint by Mr. JACOBS We did not hear from Mr. JACOBS until he appeared at the City Council meeting on December 16, 1998. Immediately after Mr. JACOBS' comments to the Council, Lt. David LAU and I met with Mr. JACOBS and his wife in the lobby outside of the Council chambers. We expressed our concerns over his daughter being bitten, and informed him that we would re-investigate the incident to determine if any criminal offense had occurred. On December 21, 1998, I received a call from Mr. JACOBS. I told him that we had not found a prosecutable offense, and that we had made contact with the Superintendent of the Alta Loma School District to review the verbage on the "posted sign." Mr. JACOBS appeared to accept these facts and acknowledged that Vehicle Code Section 2113 was not a prosecutable offense when applied to his daughter's dog-bite incident. CONTACT WITH ALTA LOMA SCHOOL DISTRICT The Rancho Cucamonga Police Department is currently working with the Alta Loma School District Superintendent's Office to review the language on all posted signs. Page Three December 28, 1998 VINEYARD JUNIOR HIGH SCHOOL DOG-BITE INCIDENT CONCLUSION It is unfortunate that Mr. JACOBS' daughter was bitten by the dog. We understand his concern as a father to look out for his family's well-being. We also believe that any further action could possibly be pursued in a civil action (i.e., home owners' insurance, medical costs, etc.). With the information we currently have, we do not believe that a criminal offense occurred. We will continue to review the case and, if additional facts are present, we will re-submit the case to the District Attorney's Office for criminal review. Mr. JACOBS has also indicated to the Council that he will be pursuing the case in some kind of civil action. We cannot allow the Police Department to provide support documentation with the '~'use" of being criminal when the actions are civil in nature. RH:bms Div. 11 Div. 11 §21111 d~~, ~ · · · we~ ~c for p~ of - ~---. eff~ ,a~'~ ~~ 21113. (~ No ~ --~~~{d8 ~'nim'l, w~ a~ COmmep~nK wl~--,. _ ~ (~~';"l ~-- · __ ,_ ~ ( ~'~ _~~~--,...., ~-.-... ~_~.. * , ~---.- . _____ ~ ~~on o~ ~ i--~ ap~ .q--_ ~e~ ~ ~ . · · §21114 --590-- Div. 11 of t12 board, legislative body, or Officer, for ey~mi~tion by all interested persons, a written ~tatement of all those ~pecial conditions and regadations adopted under this section. (c) When any governing board, legislative body, or officer permits public traffic upon the driveways, paths, paring facilities, or grotto ,c~ under their control then, except for those conditions imposed or regulatio,~a enacted by the ~over~in~ board, legislative body, or officer applicable to the traffic, all the provisions of thl- code relatin~ to traffic upon the highways shall be applicable to the traffic upon the driveways, paths,' parking facilities, or (d) With respect to the permitted use of vehicles or znlm.1. on property under the direct control of the legislative body of a municipality, no change in the use of vehicles or snlmsl~ on the property, wMch had been permitted on January 1, 1976, shall be effective unless and until the le~alative body, at a meetin~ open to the ~eneral public, dote ~rmlnes th_zt the use of vehicles or A,~im.t- on the property should be prohibited or restdated. (e) A transit development beard may adopt ordinances. rules, or re~dations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, and roller skates on property under the control of, or any portion of property used by, the board. (f) A public a~ency, incB,d;,~g, but not limited to, the Re,eats, of the University of California and the Trustees of the California State University, may adopt rules or re~tlations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, and roller skates on public property under the jurisdi~on of that a~mcy. (~) 'Housing authority; for the purposes of this section, m~.- a housins authority located within a county with a population of over six million people, and any other housing authority that complies with the requirements of thi= section. Amended C~ 10~?, Sta~ 1990. F~ective January 1, 199L z~ -~4,d ~ 6~, ~ ~0~, Start X996. FJ~netiw January X, X99~. Aircraft on Local Roads ~.].~4. If a local anthority find. ~h,~t & city .treet or county road under constructed, with the prior approval of the local authority, so as to safely permit the use thereof by reg.!-- vehicular tr,~ and also the taxiing of aircraft theroon*betwem the airport and the place where such aircraft are hangarod or tied down, the local authority may by resolution or ordinance ~e~i~-te such street or road or portion thereof for such combined use and precribe rules and regulations therefor which ~h.!! have the force of law, No such street or road ~hn!! be so deeigneted for a distance ofmore respect ~t,nli. be .conclusive. Upon such dem~mntion becoming eriecure, .h.n be the solo re~pop-iMl~ty of the local authority to enforce the provisions of the Velticle Code and all rules and reaulations adopted by it upon such street or roa~ Upon such r]eeig~-~on becoming effective it ~hnl. I be lawful to taxi aircraft upon such street or road in accordance with the rules. and regulations prescribed as aforesaid and said aircraft need not be licensed under ~hl. code or comply with other proviaiona thereof. 21114.5. Notwi~hntsndlng Section 21663 or any other provision of th~. code, local authorities may, by ordinance, authorize the operation of electric . _ _~____.__._. ~:_~ ...... k~..~..~^~u .~f~ v~n,~ ~ or older. or. Div. 11 on public aidewalks. requirin; an~ ,~i..,hl~ leas~ an electric cart stidter, s;,*u b~om~ in' car~. This s~tioa does ~ 4~.5. AmandM C~ 17, 2tat~ I Goff Certs o~ Local 21115~ Ira local a located a~acent to, or course and. the place' bounded by a real eau a~o the driv~ of ~ resolution or ofdinanc combined use and pro of law. No ~ * s mile from the g~ or beyond the area authority in ~ resp effective it ~B.i~ be la with the prescri~ sB~l! not require that The rules and sirins notice thereof section. means an e ownera of occupant~ one or moro golf or occupancy of a r~ Golf Cart Crossi~ ordinance or reselu' thno other than dm which has a po.te~ of approxim~ or resolutiox. e~foresment agem enforcement agenc combination of th~ with reasonable s~ law enforcement a ~Ufort~ ~ of ~on. ion ~h~11 m~Uc~i, believe, iopt, and disabled Div. 11 ---~77-- DIVISION 11. RUINS OF T]~ ROAD CHAPTER 1. OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS Article 1. Definitions §21000 De~rtment 21000. Wherever in this division 'department' occurs, it means the 'Department of the California Highway Patrol. of Division . . 21001. ofvehicles upon the highways, umeM a mrre, rm~, to. Article 2. Efr of Riding or Driving of Animal Every person ridin~ or drivin~ an animal upon a highway hm~ all 21050. . ' licable to the driver of a · this division ana uzv~zmz ~v ,.,,,,--- ---~ . . Am~adM CI~ M6, h~ 1967. ~ffecdve No~emb~ 8. 196. TmIMy - -- - ---:-- -~"ons o--1~ to trolley coaches: 21051. 'Inc louowm~ ,~,-,. (a) Sectiotas 1800, 4000, 4001, 4002, 4008, 4006, 4009, 4150, 4151, 4152, 4153. 4155. 4156, 4158, 4166, 4500 to 4509, inclusive, 4450 t,o 4454_, · '" ~/",d~V! I/dMX'lt ";a'lrv""t ,,,r-.~,v~, ,,,.*iv. t · . , ,. · CD) De_ o~ .... ~ . ,,,,,, ,.).~n .,, 2284- inclumve. relatiag to ~" · 21461 21660, 21t~l, 21uoo, , 054 21450 to 21457, inclusive, , 2105~, 21 _,_, .21750, 21758, 21754, 21Y5 , 21700, 21701, 2170~, 2170~, 21709, 21712. . to 22453, inclucre, z,~lU?,_.M' ,23110, 223al, 228a2, 22400. ~ 42oo4, 23152, '231158, 40881, 42002 with respect to 10852 and 10853, and (d) ~.e_.: o~ 26706, 26707, and 26708, relatinf to equipment. (e) 2-~or,$17301, 17302, 17308, 21461, 35000, 35100, 35101, 35105, 35106, .35111, 35550, 35551, 35750, ~o5751, 35753, 40000.1 to 40000.25, inclusive, 40001, 40003, and 42031, r~latin~ to ths size, weight, and loadi~ · ~bllo ~ ~d ~mployees - - · o'f v~hicles 21052 provue_ . ' wnue upon ~high~, ?!P.P~. ~.~ State, any poli 'ttCal m~.vi~.on [- _the~__~ any vehicle~ ~bject, to t, ne~ exemp,,,,-.,- vehicles in this code. q, , CITY O[: RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: January 6, 1999 Mayor and Members of the City Council Jack Lam, AICP, City Manager Kevin McArdle, Community Services Director Dave Moore, Recreation Superintendent ,~ CONSIDERATION OF REQUEST BY HILLSIDE COMMUNITY CHURCH TO WAIVE FEES FOR SOAPBOX CLASSIC TO BE HELD MAY 31. 1999, AT THE EPICENTER SPORTS COMPLEX RECOMMENDATION' It is recommended that the City Council review the request for a waiver of facility rental fees and the closure of Rochester Avenue for Hillside Community Church's Soapbox Classic to be held on May 31, 1999, at the Epicenter Sports Complex. BACKGROUND/ANALYSIS: The City has received a request from Hillside Community Church to waive the facility rental fees and all other associated city fees for their Soapbox Classic to be held on May 31, 1999, at the Epicenter Sports Complex. Hillside Community Church is also requesting the closure of Rochester Avenue for the purpose of providing additional race track space. Normally, City Council has considered waiving only the facility rental fees when an applicant has requested City co-sponsorship. Applicants have still been responsible for maintenance costs, etc. In these instances, consideration for waiver of fees means waiver of rental costs. Any waiver of charges beyond that of rental fees constitutes a subsidy. Those events that have had all fees (facility rental and maintenance) waived by the City Council have been events such as the Dare Baseball Clinic, Skate Park Fundraiser, etc., whereas revenues generated have been remitted to the City. Council may desire to consider the following options: Waive all fees, e.g. both facility rental fees and associated fees (maintenance expenses). Waive only the facility rental fees. Deny waiving any fees. /O7 Mayor and Members of the City Council Hillside Community Church Request January 6, 1999 Page 2 Staff met with Hillside Community Church representatives to discuss the event. Plans were submitted to use two softball fields, two soccer fields, Epicenter Complex interior roadways and one parking lot. Hillside Community Church did request closur~ of Rochester Avenue for the day of the event; however, Lieutenant Dave Lau of the Rancho Cucamonga Police Department was reluctant on closing the street for a day; as it may present a hardship to residents and generate complaints. Closure of Rochester for this duration would also present a significant expense for Police staff for traffic control not yet considered or required for the event. FISCAL IMPACT: The total facility rental and associated [~es to be waived will total $6,031.24. This excludes any Police Department staff that may be required if Rochester is closed. Expenses include: Facility Rental: Maintenance Expense: Refundable damage/security deposit: $1,960.00 $2,071.24 $2,00O.O0 Respectfully submitted, Kevin McArdle Community Services Director KM/DM/mam citycoun\hillsidereqst