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Home My WebLink About1993/09/01 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. September 1, 1993 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California 91730 srs City Councibnembers Dennia L. Stovt, Mayor William J. Alexander, Councilmember Charles J. Buquet, Cnuncilmember Rex Gutierrez, Coancilmember Diane Williams, Councilmember f~l• Jack Lam, City Manager Jamea L. Markman, Cily attorney Debra J. Adams, Cily Clerk City Office: 989-1851 PAGE City Council Agenda September 1, 1993 t All items submitted for the Clty Council Agenda must be in writing. The deadline for submitting these Items is 6:00 p.m. on the Tuesday prior to the meeting. The Clty Clerk's Office receives all such Items. A. CALL TO ORDER 1. Roll Call: Baguet _, Aiexander_,Stoul _. WdSams- andGuliemez_ B. ANNOUNCEMENTS/PRESENTATIONS C. COMMUNICATIONS FROM THE PUBLIC This is the time end 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 bs limited to Rva minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to De routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any Item may be removed Dy a Councilmember or member of the audience for discussion. 1. Approval of Minutes: September 23. 1992 August IB, 1993 2. Approval of Warrants. Register Nos. 8/11/93 and 8/18/93; and 1 Payroll ending 7/29/93 for the totol amount of 51,736A35.19. 3. Alcoholic Beverage Application for Type 21 Retail Package Off- 7 Sale General for Thrifty Drug Store 4479. Tnirfty Holdings, Incorporated, 9650 Base Line Roao. 4. Alcoholic Beverage Application for Type 21 Retail Package Off- 9 Sale General for Thrifty Drug Store s614. Thrifty Holdings, lncorporateo, 8760 19th Street. PAGE City Council Agenda September 7, 1993 2 5. Approval to amend the City's FY 1993/94 Budget by adding a 11 CapROI Improvement Project for the consiructton of the Metrolink Station. 6. Approval to appropriate S25A00.00 from Fund 09 - 'Gas Tax" for 17 the preparation of environmental documents for the Milliken Avenue Extension from Arrow Route to Foothill Baulevard. 7. Approval To execute o Professional Services Agreement (CO 93- lg 060) with L. D, King for the preparation of Engineering Plans. Specifications, and Estimates for the Ma}rolink Station at Milliken Avenue and the Santa Fe Railroad for S 192.500.00, to be funded equallyfrom Funds 36-4637-9326 and 37-4637-9326. 8. Approval to execute a Professional Services Agreement (CO 93- lg 061) with RJM Design Group for preparation of Architectural Plaru. Specifications, and Estimates for the Metrallnk S}aflon at Milliken Avenue and the Santa Fe Railroad for S38,000.00, to be funded equally from Funds 364637-9326 ana 374637-9326. 9. Approval To execute a Professional Services Agreement (CO 93- p0 062) with Derbish, Guerra and Associates for Engineering Services for the Milliken Avenue Grade Separation Slope dntl Drainage Modification for a fee of $17.750.00 to be funded from Account No. 46413P9324, and }he M~liken Park Parking Lot Expansion for fee o} S 14,750,00 to be funded from Account No. 43-4130N323. 10. Approval to execute Portlcipation Agreement (CO 93-063) with 21 Public Agency Risk Shanng Authority of COIROrrlla for City Workers' Compensation Program, 11. Approval to award and authorization for execution of contract pq (CO 93-054) for the Rancho Cucamonga Neighborhood Center Rooting Project for the amount of S45A35.50 (541,305,00 plus 10% Contingency) to be funded from CommunHy Development Block Grans Account No. 28-4333-9105 to J. Cab & Sons Roofing, Incorporated and authorize additional appropriation and expenditure for Fiscal Vear 1993/94 in the amount of 52,200.00 (52.005.00 plus a 10% contingency) from Fund Balance to Expenditure Account 13-4563-7043 for the removal and replacement of landscape material at the Neighborhood Center by Mariposa Horticultural Enterprises, a landscape maintencnce company currently on contract with }he City. PAGE City Council Agenda September 1, 1993 3 12. Approval to execute Conveyance Agreement (CO 93-066) 26 between San Bemordino County Flood Control District and the City of Rancho Cucamonga for the conveyance of land from the Food Control District to the Cih, for Storm Drain purposes relating to the development of Trac} 13527 and Tract 14139, located north of 24th Street and west of Et'nvantla Avenue. 13. Approval to execute Improvement Agroemeni Extension for 30 Traci 13753. located on the north side of Ellena Street north of Bose Line Road, submitted by Lewis Homes. RESOLU110N N0.93-167 32 A RESOLUTION OF THE Cf1V COUNCIL OF THE CIIV OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMEM SECURffV FOR TRACT 13753 14. Approval to accept Improvements. Release of Bonds and Notice 33 of Completion for Parcel Map 11341, located on the southeast corner of Milliken Avenue and Church Street, Relea e F ithf l P rt B d~~ s a u P ormance on Street S 302AOD.00 Storm Drain 180p00..OD Foothill/Milliken Signal pp,ppODD RESOLUTION N0.93-168 34 A RESOLUTION OF THE CITY COUNCIL OF THE CfiV OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBUC IMPROVEMEMS FOR PARCEL MAP 11341 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION `CONSENT ORDINANDES The following Ordinances have had public hearinga at the tlme of Iirst 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 far dlacusslon. No Items Submitted. PAGE City Council Agenda September 1, 1993 4 F. ADVERTISED PUBLIC HEARINGS The fallowing items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. No Items Submitted. G„ PUBLIG HEARINGS The following items have no legal publicatlor~ or posting requirements. The Chair will open the meeting to receive public testimony. 1. CONSIDERATION TO AMEND MUNICIPAL CODE TITLE 8 BY REPEALING 35 CHAPTER B 24 AND ADDING A NEW GRAPIER 8 24 PERTAINING TO THE PROHIBITION AND REMOVAL OF GRAFFITI ORDINANCE NO.515 (first readingl 36 AN ORDINANCE OF THE CffY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA. AMENDING T17LE 8 OF THE RANCHO CUCAMONGA MUNICiPAI CODE 8Y REPEALING CHAPTER 8.24 AND ADDING A NEW CHAPTER 8.24 THERETO PERTAINING TO THE PROHIBITION A^:D REMOVAL OF GRAFFRt H. CITY MANGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for publlc input. No Items Submttied, I. COUNCIV~$INESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. No Items Submitted. aaae Cify Council Agenda September 1, 1993 5 I iEhtTIFICATION OF ITEMS FOR N XT ME~rr~r' This is the time for City Council to identity the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only Identified tar the next meeting. 1(. COMMUNICATIONC FROM TN P R tc Thls 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 Rmiled to flue minutes per individual. L. ADJOURNMENT MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS PERSONNE4 MATTERS. I, Debra J. Adams, Cily Clerk of the City of Rancho Cucamonga, hereby cenity that a true, accurate copy of the foregoing agenda was posted on August 26, 7993, seventy~iwo (72) hours prior to the meeting per Government Code 54953 at 10500 Civic Center Drive. September 23.1992 CITY OF RANCHO CUCAMONGA CITY CO[JNCIL MBJU'iF.S Adios : d Ioim Mcedna of me ctity moil nmt who -w•~mnngg nmm mite .ml. im An adjourned joint mcetlng of the Rancho Cucamonga City Council and the Rarxho Cucamonga Community Foundation was held on Wednesday, September 23, 1992, in dre Rains Conference Room of dre Civic Center, located at 10500 Ci. is Center Drive, Rancho Cucanwnga, California. The meeting was railed to order et 7:00 p.m. by Mayor Dennis L. ritout. Present were Counciln,zmbers: William J, Alenander, Charles 7. Buquet II, Diane Williams, Pameie J. Wright. and Maya Dennis L. Stout. Resent were Baerdmembers: Robert Dutton, Frances HowdY~ell, Jeanne l.ochan, lolm Mannedno, Pauia 7adick, and Chairmen Guy Beyersdorf. Absent was Boardmernber: Bevy McKay. Also present were: Jack Lam, City Lianager, Linda D. Llaniels, Deputy City Manager, Jerry e. Fulwood. Deputy City Manager; Diarte O'Neal, Management Analyst I(; and Jan Suwon, Deputy City Clerk. re~~~• B. 7TRMS OF DISCUSSION Bl. DISCI tSSION OF THE FO MDATION REDEF7NM • ITS MtcSION tan I S M LI •HT OF PB.FSENT ECONOMY 82. DIC Icc10N OPTfIE RFLATIONSHtP eETWFFN TIffi 11NDATION hnY QY 83. I~IyCCItSS[QN OF MARKFTIN6 ND tND•RAICIN •OPPOR nut Ec WHICH MICHTB MAn AYA R~ A! F TO THF_ PpL~ij4ATION THROUGH ITS R~A770NSHIP WITH THE CfJY Councilmember Wright smted the Subcommittce had met with officers of the FoutMadon and bed discussions an the intent of the Foundation when it was first formed, which brought up questions as W its purpose and whmher it .dtould be a tundmLser or a conduit, aril Ne effect Ne present ecammy is having on them, She stated they were looking for rca(Tirmation from the Council as m how they would like the Froundedon m procerA. City Coum:il(Community Foundation Minutes September 23, 1992 Page 2 Boardmember Lochan stated pan of Ne concern was that when the Foundarion was formed, Ne economy and busittcss climate were completely different and Ney were getting a large portion of their contributions from developers. She sated that given today's financial climate and the deterioration of available funds, she fell :Iwy needW to redefine Ne Foundation and come up wiN other ways that would make it possible m provide Ne community wiN dte best service without looking at dre Board az strictly a fundraising mechanism. She oudined what they have done for the curent fundraiser, and explained that even though they have lowered the price of Nis furMmiser, u,ey still have a low response, and Lett the Boazdmembers could not condnue m spend so much dmc wiN so link return. Chair Beyersdarf sated he had cnm:ems about Ne City seeking contributions direcdy for wmmuniy programs instead of utilizing the Foundadon as a source of donadons. Councilmember Wright slated Nere is a fine line they have to be careful of, but there may be some areas whew it might be beneficial m go Nrough the Foundation, such az the Masi project where they were azking them for an historical contribution. She styled if it was legally possible m have those contributions go through Ne Famdation, it would benefit boN patties. Councilmember Buquet sated he did rim want them N be Ne perception that there was any type of competition between the City and the FourMadon, that 6oN groups were working far the benefit of dre City. Boardmcmber Howdyshcll stated Nat when there were situations like Lewis Homes sponsoring the Movies in dre Park, possibly they did it direcdy m increase Neir own visibility within the community. Councilmember Wright felt that it would not 6e a detriment to work Nrough the Famdmion for people Tike that, that Ne Foundadon could help m promae Nev contribudw. Boardmember Lcehan sated she would like m know from the Counci! if Ne Foundation's cturent Mission Statement still met Ne expectations set forty when the Foundation was formed, Boardmember Mannerino felt the Mission Statement was no[ an issue. He felt the problem was that the Foundation, since its inception, has essentially been funded by the Mayor's Ball, which waz primarily funded by Ne development community. He sated that development rim longer nxists as Uoey have known i4 end Nat the Found^don trouid tKK supplant that income by putting on numerous small fundraising events. He tell what Ney needed was to cream a vehicle by transitloning the Foundation m a membership non-pmfit organization and creating a product m sell that would replace the morey raised in previous years. Mayor Stout smted when dW Foundation was originally esmblished, Ne City Council purposefully leapt Heir dirxdon slight because they hoped tlrc Foundation would lake on its own life and aet its own goals amt priorities based on what Ne conmunity wanted, nut on what Ne City Council was directing it to do. He stated tine idea behind Ne Maya's Ball was m Stan a fundraising vehicle that would albw the Foundation some victories and have something N present to the community. He smted every successful foundation he has suer has a cause M some sort that people are interested in, something tangible to show people al dte end of the fund drive. He agreed Nat it hoc been easy in Ne past !e raise money from the development community, but his thought was Nal now the business community needed m mawm anA slant showing some interest in the community. He felt die Foundation needed m focus on a couple of items and promok them so Nat people know what Ne Foundation does. He felt if they idenli(icd something dtey wanted to work on, then it would fall trim place on how m fund it. Councilmember Buquet stated what was needed was an overall marketing plan, Nat the Foundation neWed m determine what it was Ncy would like to do, and Nen Ney could work mgetha~ wiN Ne City to accomplish il. City Courxil/Community Famdation Minutes Septunber 23, 1992 Page 3 Boardmemba Mannerino felt the ditiemrrce between oilrer successful foundations in the area and the Community Foundation Was that Ne others had staff available to do the fundraising, a they had a cedain Icvel of people they could approach Nat had a large sum of money to contribute. He slated Ne Poundation did not have the slat( available a be successful ar fundraising. Courailmember Btpuet stated it was fine a have the Foundation as a conduit for naney Nat happens a find its way b the City, but felt day should have sane typo of concrete goal, like the building of dte Central Park L'braty a tie Performing Ans Center. He stated Ney did not have a achieve Nem goal in one Y~ but titeY would have something Ney were shooting for, and then they could do tie other Nings Ney have always done ss an off-slmot of that goal, like dre Corrcens in the Park series, ea. He stated that waY it companies wem ro contribute and wanted a make their mark, it could be acknowledged when the building was completed. Councilmember Wright azked Boardmemba Dutton how the YMCA went about raising funds to their building project. Boardmemher Dutton explained the various ways to fund a building project He felt Ne first Ning the Fourrdalion needed to establish waz a track record, which they have now done. He also fell they raWed to slop dwelling on the past arrd how Nings used a be done, aM Focus on the business canmuni[y and law N refaces their direction and a ga prepared fa when Nings improve. eoardmember HowdyNell agreed Nat Ney needed to refocus and review them standing in light of Ne present economy aM needs of the community. Boardmemba Dutton sated Here were two Nings We Foundation could work on right now, and Nat would be tie Library and Performing Arts Center. That way shay would have something tangible people could donate whatever amount Ney felt comtonable wiN and the Foundmion did rat have a set a price. They also could continue m work wiN the other groups in the City as they have in Ile past, because programs were just as important as buildings. Councilmember Williams smtecl she has worked wiN several non-profit groups Nat were se[ up as receiverships, which is what she saw the Foundation as being when it was first established, a act as a receiver for funds fm groups that did not have Neir own iron-profit status. She felt diey should still fro functioning in Nat manmx, and did trot like the idea of the group being reduced to constant fundraising. Councilmember Buqum agreed the Foundation should trot reu on Neu past iaumis. He orated Ne CitY ~ used Nis ecawmic downturn to su~eamline some of their processes end m recvalusa some of their goals. This has given Uxrn Time a regroup and prepare far when Nings improve, arM felt tie FourWation could do somehing similar. He stated they could still work towards their goals but they should na be disappointed it they do not reach it in only one year's lime. Boardmember 'ladick asked if Ne Foundation was limited a miring money strictly from wiNin Ne City's houridarics. Councihcember Buquct stated they were rat, and that day did need to expand their donation Lase. Boardmembcr Dutton staled he Nought Ne Foundation should be wpportcd by the other Commissions of Ne City, and felt Ney have ru-eived very litde participation from the other Commissions in the past. He daught possibly the Council could talk N the odxr Commissioners a see if they could increase Neir support M the Fandadon. City CowcillCommunity Foundation Minutes Sepemb« 23, 1992 Page 4 Councilmember Buquet sated maybe dre Boazdmembers should try to find out why the Commissioners did not parlicip.,~e. He sated what tbe Foundation dots benefits a lot of people and people should want a get involved, so they should try a find out why Ney have not shown an interest in the past. He stated many of them might rat tally understand what it is the Foundatior does. Boardmcmber Howdyshell agreed that Ney needed to have an educational component Ney could present that would irkrease awareness of what dre Fomndation u and does t« people. Ceuncilmember Ale><auder stated possibly Ney could work ant s«rreNing wiN tia new baseball team a spons« a cwple M Ftmdmising nights fw the Fourdation. Chair Beyersdorf azked it the Council were aware of anyone in town that Ney might want Ne Foundation to approach f« cmtributions, a please let tlKan know and Ney would follow-upon that. Mayor Stout stated maybe Nc Foundation would want m consider setting Nemselves up as a membership organiration Nat all Ne citirens could jdn, this way they would fcel more involved. Courrilmember Wright fell the membership should be offered on a mom selective basis. She felt they shouts only approach businesses, large corporations, dc. Boardntember Mannerira suoed he drsa®eed, Nat it should be available m every cidaen in Rancho Cucamonga a buy inm Ne communi[y Nrough the Foundation. Fie thought it waz a good idea to become a membership organisation. Cwncilmember Baguet felt ideaz like Net were good, and wanted N encourage dre Board a keep taming up wiN and acting on new ways of raising support f« the Foundation. He encouraged Utern to work wiN Neir Subcommittee on new ideaz and how Ney might interface wiN the City. Courcilmember Akzander asked if they wanted a discuss what the atuuney has advised regarding the City providing financial support to Ne Foundation Nrough sub time. Councilmemher Wright felt that had already bcen discussed and was a cut and dry legal issm. She felt it had a do more wiN would the Foundation eventually become auaramous « was it flair inantion that it would have a continuous relationship wiN Ne Ci[y. Councilmemher Williams asked how Ne Foundation felt shoal continuing a relationship wiN Ne City, «would they bptefit more by being separate. Boardmember Dolan felt bein6 conrtceted a Ne City lent crcdibilitY N Ne «ganizedm. enardmembcr Mannerino sated Ne situation wiN Ne Brea foundation is what haz precipiuted Nis concern, but he felt there was greater involvement in that situation Nan they had here in Rancho Cucamonga. He felt if Ne Foundation were to survive, Ney would have to contintre receiving some sort of assistance from the Ci[y, but Ney could change some procedures to lessen Ncir legal liability. He also felt Ney needed some assistance in Ne marketing aspect ac Ney did rat have eraugh manpower a accomplish it by themselves. Councilmember Buquet sated after the Foundation has w«ked out some at the ideav they would like a accanplish, they should have anoNer tnceting wiN Neir Subcvmmit[ce, and Nan the Subcommittee could report b the toll Council. City Council/Canmunity Foundation Minutes Sepember 23,1992 Page 5 rrrr•• fl4. DICC1ICCION OF 1rFMC OF MLI'IT Ipl. O_S_NCFRN No items were discussed. r•rr•r G COMMUNICATIONS FROM THE PIIflLIC No communications was mods fnxn dte puNic. •r•»r• Maya Saut adjourned the meetinH at 8:27 p.m. Rcspectfully submined, Tan Suwon Deputy City Clerk Approved by the Community Foundation: Ocaber 7.0, 1992 Approvcd by the City Cwncil: August 16, 1993 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, August 1g, 1993, in Ne Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Tne meeting was called m order at 7:09 p.m. by Mayor Dennis L. Stoue Present wem Councilmembers: William J. Alexander, Charles 7. Buquet, Rex Gutierrez, Diane Williams and Chaaman Dennis L. Stout. Also present were: Jack lam, City Manager, James Markman, City Attorney; Jerry B. Fulwood, Deputy City Manager; Rick Gomez, Community Development Director; Olen Jones, Sr. RDA Analyst; Brad Buller, City Planner; Anthea Hartig, Associate Planner, Joc O'Neil, City Engineer, Mike Olivier, Sr. Civil Engineer, Bob Dominguez, Administrative Services Director; Jim Frost, City Treasurer, PauN Pachon, Management Analyst II; Duane Baker, Assistant to the City Manager, Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protwfion District; Capt. Bruce Zciner, Rancho Cucamonga Police Ikpanmen4 and Jan Sutton, Depuy City Clerk. BI. Prescntauon of Proclamations m the Commissioners of the Environmental Management, Historic Presereatim and Public Safety Commissions in honor of (heir service to dre City and the Community. Mayor Stout spoke about each of the Commissions and Neir accomplishments over the years, and presented proclamations to Commissioners George Yankovich, Pcle Amodt, Jim Curalalo, Bob Schmidt, Steve Barns, John Dunlap, Leslie Riggs, lack Williams, and Dr. 1. Michael Lee. •~~~r• C 1. Louise Wilkerson, 10R99 Zinfandel, member of the Caholic Daughters, stated they would be holding a benefit fashion show fcawring the actress Miss lane Wya¢ on Ocmber 9, 1993 at 12:170 noon, and invited the Council m attend. She staled all proceeds from dte benefit could go towards the Catholic Charities Free Clinic. C2. Jim Frost, City Treasurer, smted recently the City lost Ada Cooper during her tenuro as an Historic Preservation Commissioner, as well as LeonaM Corska and Chet Frost in the past, end fah with the item on the agenda tonight creating a memorial m Sam Punter, Ne Council should consider horroring these others in a similar manner. City Council Minutes August I8, 1993 Page 2 •~r~~• Dl. Approval of Minutes: Augusl4, 1993 D2. Approval of Warrants, Register Nos. 7/2A/93 (FY 92N3), 728/93 AND 8/4/93 (FY 93194); and Payroll ending 7/1 Sry3 for the total amount of 51.956,434.49. D3. Approval m receive and file current Invesunenl Schedule as of July 31, 1993. D4. Approval m authorize dre Advertising of the "Notice inviting Bids" for the construction of Traffic Signals and Safety Lighting at the intersection o(Milliken Avenue and Fairmont Way, to be funded from TDA Article 8, Acwum No. 12-0637-9202. RESOLUTION N0.93-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECQ-7CATIONS FOR THE "CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF MIILIKEN AVENUE AND FAB2MONT WAY", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval of the Environmental Initial Study Parts I and It, tar the proposed right tum lane at Archibald Avenue and Base Linc Road and issuance of a Categorical Exemption rhemfore. RESOLLTION NO. 93-I58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING THE ENVIRONMENTAL INI77AL STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE PROPOSED IMPROVEMENT FOR ARCHIBALD AVENUE AT BASE LINE ROAD D6. Approval of the Environmental Initial Study Pans I and II (or Ne proposed Highland Avonw SUecl Improvetnenfs located at approzimetcly 420 feel west and 1,250 feet east of Locust Avenue and Issuance of a Categorical Ezempdon lMmfore. RESOLUTION N0.93-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR TtiE PROPOSED STREET IMPROVEMENTS ON HIGHLAND AVENUE, APPROXIMATELY 420 FEET WEST AND 1.250 FEET EAST OF LOCUST AVENU[i D7. Approval to ezpcnd Asset Seizure funds m purchase bicycles and equipment (nor m exceed SI0,000), hand held alcohol breath test devices (not to ezceed 53,000), aM computers and peripheral equipment (not b exceed 514,500), ro he funded from Acwunt No. 70-275-51 I, City Council Minutes August '.8. 1993 Page 3 D8. Approval to appropriate $150,000 from Fund 12 TDA Article 8 (Account No. 12-4637-9202) for Ne Conswction and Adminisuation of the Tmftic Signals and Safety Lighting at the intersection of Milliken Avenue and Faimtont Way. D9. Approval to appropriate $85Q000 from Fund 32 - "Local Measure !" (Account No. 32-0637-9031) and SI70,0()D from Fund 35 - "SB 140" (Accowt No. 35-0637-9031) for the conswetion and administration of the 19th Street from Carnelian Street to Amethyst Street Improvement Project D10. Approval m appropriate $9,000 lrom Fund 09 -Gas Tax for she Construction and Administration of the Alu Irma Storm Drain Replacemrnt at the Nonh Terninus of Hermosa Avenue. Dl 1. Approval ro order the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance Disvict Nos. I and 7 for Tract Nos. 13565 and Tract No. 13565-5 through -9, boated on the nosh side of 24th Street and east o(Wardman Bullock Road, submitted by Standard Pacific Corporation. RESOLUTION N0.93-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STRHET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT NO. 13565 AND TRACT NOS. 13565-5 THROUGH -9 D12. Approval to Release the Real Property Improvement Contract and Licn Agreement between the City of Rancho Cucamonga and Delores Browne, Successor Tmstw of the Edict E. Browne Trust, upon the tatter's complianw of the payment stipulated in the afomsaid conuacL RESOLUTION N0.93-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM DELORES BROWNF., SUCCESSOR TRUSTEE OF THE EDITH E. BAOWNE TRUST D13. Approval b execute a Real Propeny Improvement Contract and Licn Agreement with Vincent Martinez fa public street improvements a18762 Vinmar Street. DI4. Approval to execute an agreement (CO 93-057) betwcen the Cily of Rancho Cucamonga and the Rancho Cucamonga Community Foundation. DIS. Approval to execute agrecmem (CO 93-058) with San Bemarditw County Foodbank Io continue m serve as a Aistribution site for U.S.D.A. Food Commodities. ~, ITFM RF;MOVRU FROM AGENDA. DI7. Approval to ezceute Amendment 83 (CO 92-064) with Valley Baseball Club, Incorporated and the City of Rancho Cucamonga with respat m pre(emed parking pasxes. DIB. Approval to execute Improvement Agreement Extension !or Tract 13281, located on the northwest comer of ease Line Road and Rochester Avenue, submiucd by MJ. Brock & Sons. Incorporated, City Council Minuses August 18, 1993 Page 4 RESOLUTON N0.93-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13281 D19. Approval m execute Improvement Agreement Extension fw Tract 13303, located on she soudseast comer of Mountain View Drive and Tema Vida Parkway, submitted by Lewis Homes. RESOLUTION N0.93-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY PoR TRACT 13303 D20. Approval to exaute Improvement Agreement Extension fa Tract 138571ocmed on the noMwest comer of Millilren Avenue and Vintage Drive, submiued by M.J. Brack & Sans, hrcorpomted. RESOLUTION N0.93-ItW A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13857 MOTION: Moved by Williams, seconded by Gutierrez to approve the Consent Calendar, less lsem DI6. Motion carried uranimously, 5-0. •~~+r• Jack Lam, City Manager, requested the Council adjourn the meeting to an Executive Scsion to discuxs personnel maucrs. No items were submitted. FI •~r.~~ F CONSRNT ORDINANCES •~~~.. F. ADVERTISED PURLIC HF.ARINf:S report presenlrA by Mike Olivier, Sr. Civil Engineer. Mayor Stout asked when would the project be acromplishcd. Mike Olivier, Sr. Civil Enginceq stated moll of the utility companies were ready to proceed, that it was basically their project. He ezpecled it would be finished in three b tour months. City Council Minutes August IR, 1993 Page 5 Mayor Stout asked if Them was already some conduit in place. Mike Olivier, Sr. Civil Engineer, stated them was wme laid across Base Line already so that vafOe would not have b be disrupted. Maya Stout opened the mceting for public hearing. There being no response, the public hearing was cosed. RESOLUTION N0.93-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING UNDERGROUND UTILITX DISTRICT' NO.4, ALONG BASE LINE ROAD FROM ARCHIBALD AV'r-HUE TO HERMOSA AVENUE MOTION: Moved by Williams, seconded by 8uquet v adopt Resolution No. 43-165. Motion carried unanimously, 5-0. •++e++ F2. tO'^t'ZATION OF FOO'fkllt Bn I VARD t t. t'll YLArv flM IV I)MEIV 1 Yfill - aECLEl - A request m amend the Specific Plan by adding "Health and Athletic Gyms end Weight Reducing Climes" as a conditional trse in the Spaialty Commercial District and adding "Pharmacies. with or without specialty n:mil, unMx 10,000 square feet", as a permitted use in the Community Comtnemial District within Subareas 1, 2, and 3. Staff report presented by Brad Bulicr, City Planner. Crwneilmember Bugcet asked for clarification on the occupancy. Bend Buller, City Planner, stated they allowed a temporary occupancy permit so [hc applicant could proceed with marketing his business while sniff was mvicwing Nc amendment. He stated if this was approved tonight, then the applicant would seek appmval fn>m the Building and Safety and Fire Safety departments so he could have permanent nccwaner• Cowcilmemhrr Gu6crrez asked if this was a (oral business or a chain. Brad Buller, City Pianrrer, stated Mr. Seeley has approximately five other busitess in Southern California. Mayor Stout openeA the mceting for public hearing. There being no response, the public hearing was closed RESOLUTION N0.93-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FOOTHILL BOULEVARD SPECIFIC PLAN AMENDMENT 93-01, ADDING "HEALTH AND ATHLETIC GYMS AND WEIGHT REDUCING CLINICS" AS A CONDITIONAL USE IN THE SPECIALTY COMMERCIAL DISTRICT WITHIN SUBAREAS 1, 2, AND 3, AND ADDING "PHARMACIES, WITH OR WITHOUT SPECIALTY RETAIL. UNDER 10,000 SQUARE FEET", AS A PERMITTED USE IN THE COMMUNITY COMMERCIAL DISTRICT WITHIN SUBAREAS 1, 2, AND 3 AND MAKING FINDINGS IN SIIPPORT THEREOF City Courrcil Minutes August 18, 1993 Page 6 MOTTON: Moved by Buquet, seconded by Alexander m approve Resolution Nn. 93-0tib. Motion carried unanimously, 5-0. No items were submitted. tJo items were submitted. •~~~~• G. PURLIC HEARINGS a~~r.• H TTY MANAGER'C CTAFF REPORTS •~~~r• I. CO tN I ~ AIISIN SC 11, mNSB)FRATION OF AN"" ^RAFFITT TACK FORCE RECOMMENDAT[ON SmH rep«t presented by Jerry Fulwood, Deputy City Manager. May« Stout briefly outlined the structure of the Task Force and the past efforts made by the City To control graffiti. He invited April Moreash m read dre kuer she had sent m him regarding h« cortcems and suggeslians about gmtliti. April Moreash read h« letter for the record, a copy of whkh is on Rle in Ne office of dre City Clerk. Mayor Stout staled Nis Ictkr was importam because it was an example of the amount of Nwght that went info This process in the beginning. He felt Nis process caused a 1« of people m Nink, which was evidenced in the amount of letters received by Ne Task Force and his office. Ho slated Nere was infomration in the package from a number of cities in Soudtem Cali(omia, and he felt they took some o(the best ideas and combirced them wiN the suggu tlons from Ne Task Force info Ne final recommendation. He showed a poster from Chris Wu::s, a student at Dona Merced School, Nat Ney would like b use in thew brochure. He slated Ne Cily has also been successful wiN then graffiti hotline, and a citizen suggested the idea of sending a thank you card m people who mporl gramti, whkh will also be iricorpomted in their plan. He also Nought they could pass information m Ne community Through The Grapevine. Mayor Smut presented proclamations m Ne members of the Anfi Graffiti Task Fore commending Nem t« their service m the City. Councilmember Buquet stated N«c were also a lot of people fr«n outside of Ne Task Forte that contributed m the process, such az representatives from Ne utility companies arM other public agencies. He felt it was good Net Ney had representatives from all areas involved, such as business, education, law enforcement, judicial, ele., so Nry couldn't (all back nn placing the responsibility on anodter group, and it gave them an opportunity for each of the segments Nat participated to appreciam the constraints and responsibilities ofthe gher groups. He stated when they started outlining the responsibilities of each of Ne different agencies, Ney discovered Nat Ncy were doing a lot of the same Nings, just each group was doing Neir own version o(it. He smled Neir goal was to work mlleedvely m accpnplish a bctmr rosult. City Council Minutes August 18, 1993 Page 7 Mayor Stout sated Ne plan is broken down into tour phases, and one of the recommendations is that the Task Force reconvene after each phase is implemented m review the progress o(the plan. MOTION: Moved by Stout, seconded by Williams m adopt the rccomnu:ndalion contained in the staff report and set the propoud ordinance for first reading at the September 1, 1993 meeting. Moion canted unanimously, 5-0. Councilmember Williams stated she would like w sce an element addeA to We recranmendahon relating to prevention, where the City would create or support programs that teach pre-school and elemenmry school age children about graffiti and its destructlve value. Councilmember Buquet felt it was important for everyone to keep in mind that This is just a preliminary step and people should na aspect this to be the final plan. He tell this plan could be modified az it is put into place and they can sce war affect it hat. Mayor Stout felt Ne City's measured approach will be the best overall. He hoped that neighboring jurisdictions would be interested in geuing copies of the City's plan. rrrrr• 12. CONSIDERATION OF MEMORIAL PLAOUE 1N HONOR OF PARK AND RECREATION COMMISSIOYFRy_ CAM P~nJ'tFR StafF report presented by Councilmember Buquet. Cooncilmember Williams felt it was appropriate drat Sam Punter would be memorialized at the Sports Complex because he was Ne driving force behind Nat projst MOTION: Moved by Buquet, seconded by Williams to approve the recommendation ennuined in the swHreport. Motion cartied unanimously, 5-D. Maya Stow stated he would like to explore the possibility of recognizing those individuals mentlonetl by Jim Frost earlier in Nc evening, possibly something at Ne Chaffey-Garcia barn fa Ada Cooper as an example. Councilmcmbcr Buquet felt they might be at Nat point in time where they would need m look at having a Hall of Fame, so to speak, al Ne City Hall. rrrr+• I3. CONVIDERATION TO DECIGNATE A VOTM REPRESENTATIVE AND AN ALTS N TE FOR TH - A . m OF A !FORNIA CITIEC ANNUAL FETING Smff report presented 6y Jack Lam, City Manager. M0710N: Moved by Alexander, seconded by Williams to select Mayor Stout as the delegate, wiN Ne Mayor to select Ne alternate at the time of the meeting. Motion cartied unanimously, 5-0. •rrr r+ 1. IDENTIFICATION OF ITEMS F(jj3 NRXT M ..TIN . 11. Councilmember Buquet slated he recently attended a conference concerning economic development end redevelopment agencies, and one of the components dealt wiN Ne term "right-sizing" 1'or municipal upemGons in respect to Nc economy. He slated he would like to put same material together from Nose presenmtlans for dce Council's consideration at Ne October 6, 1993 meeting. City Council Mmules August 18, 1993 Page 8 •~r.~• K1. Alen RedfieM, 8515 Gala, slated the previous Wednesday he had received a parking citation fa parlmtg his RV overnight on the street in (root of his house. He stated he smreA the vehicle in a lot in Ontario, but they were closed when he got home (torn his trip and he mould rot mke the vehicle back until site next m«ning. He felt Here should be same excepdon in dte ordilunce f« slowing peopk to load and unload their RV's. Councilmember Buquet sorted shat when the Council revkwed the RV ordina«e, he thought a clatsse had been added mallow temporary parking f« boding and unkpding. May« Stout asked the Cily Attorney f« clarification on that point. lames Markman, City AltorncY. staled dlere waz an exception m ;tk ordinance f« Ioadin8 Purposes. but he was not sure it that was on the sveet « not. Councilmember Buquet asked Capron ?cice+to tool: into the sinuuion wish Jack lam, •r~~r• M0710N: MovW by Buquct, sec«Ided by Alexander m adjourn m Executive Session m discuss personnel matlus. Motion cartied unanimously, SA. 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LYPF(5) Oi TRANSACTION 51 ( fEf DC TYPE FPI6N 'Dl YEIiSH S 50 00 1 E@O PPE 29 AnnE1 Fee 444.00 2 A Nome el fv.in+u CITY OF RANCN IYG . O J^PV^;1GA 3. Ewofipn of Ru TAMy Drug Slone fQ9 9050 Hl<SeGK '~ RPKyv Co<amnega 9170E SaP Hereard Gry and Zip c. uTi9j14j!r I< lI LId Id156( -fOTAI f ~]~. O 9. ;r Yremne< ti<fntee, /, Ar< flfmiN<letyf SAOw iroe of Gnnu YtS• 1XP13 21 CiM limixi ES 9 Nvva yov a++r been <end<hd of a blenyp ID. Non yee ever rioleled ony el rb p.v.i.iom al the AI<eholic N/A - FP-12 COIDVRATlQ! Ef.noge Conrral Aa ar npvlmiem al de Oepenmem pen ) laninp re x:e A<rl yPS _ 1 6ploin o "YFS" anw+r w a+mr 9 or 10 on ae ene<Fmem r•Fi<F rhpll M dnmrd pert el IMr opdim6an A SAFE 1U PIPES. _ 1] Appbwnl opren lol rM1er vny moneger emplapd :n reb Ilnnhd p•emiro hill For ell Ib gvvLlrwrrev el a I;nmee, end U. 51A1f OE CAEIf09NIA Covnry pl ,._, .__ "~'_^_ "°__~ ._... -Dole. ~ _~~•'_ __ .... nnM: . m;.. wr 4r.m+. `I~" ~nx.. vr.Mr« . r/tn .y. • r. . x .. 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PTTBM£ OFOGRAVHICAI ..~...~n....,.<,....~..~ OPF~ALE C@lEW1I. CODF ilw a^dwi0^rd M1a.by aveLU lo• Oor. Hama duwA<d yr lollav: loved 3. NAME($ Of AppIICANr($ r.mv, e<rmir AY Applied under 5« ]bAa C ~~~~ 01REZFIY FQDIIJCS IIC. FEA<Nv Deb: Eflen~.e Dma~ P-12 [ONL9EDITION ], IYfE(g) Of iRANlAC110N(31 EFE TLIi.C~ f I10E~N TO PERaZii TN45EER 50.00 2 I@11 YPE 24. ~r Ftlc! 44!,.00 21 < Nom. er EV:in<u CITY OF NANCN IVEO n s. le<wi^^ el ea. ThriEry Drug blprc X614 r' ' 8160 19Eh ShceE Rancho Cuuman& 91')30 Su Bernard I Ory vnd LpG O'FIY~Iw :. id rla-L'L<.L.1Jr0tat S S~'OQ 6. p rramno Lvmad, T. A.a fr.miw Inuep ES Sho. rrPV al Vunx YES, TYPE 21 Cny Eimini h. Maflinp Addnb (II diTVrVm Irom !)-NUmbo and Lr.a dYp n."r P. O. BNE 92337: Iq$ ATIa+IR, n~wnN~rA 90009 9, Nmv you n« bem mn.kbd ^1 ^ LIVnN 10. Nov yev ner dolvxd any of the prp.niom vl the AI<ohohc N/A P-12 OOWOPATI(IN M•neya Central An w npulmiom of rha papvnmmr ve.. i t E.elaln o "YES" m.ner m n<m. i ar 10 0^ nn onodm.n:.M1i<h ,hall b< d«med pon of ehi. upvb<.rbn I] Aevh<em ewer (v) rbor vny .n nape VmplayVd in on.dp II<mxd p•amnn wal bm ell rM quelifivcm< el a Irtemu, and I]. SiArf Of CAl00RNIA Cavnry vl. .. 1106 ~ffi _Wb .... .... nA ... .w... •N ~• •<N •I rM rn nMS.<rr NM••r rr ••NM•. ..<.r •N..• <rn r.nra., nr rr w . r , r w •w r• • r r< x ..r rrr.nr rr ~...,ir..r r1~ r:.-~ ur n.nrrr, u•rnn... nrr N ..Mi nrrr ~ r •/. rr.r v ..m n, rnA •rr~.y:urr .r la APVIICANr SIGN HENE .....7l4ILFAY.1(.~AIMS._SF~....__.... ETX :'1'rdI4LN .-- Ce'eiasiiair -neio -.. ............ ....... _..... _........ _... _... _... _.. _.. .....ASST. _SF%:IOSfASY_ _.. _.. _.. _....... _.......... _... _... APPLICATION EY TRANSiEpOR IS. SGiE OE CAlIf09NIA Ceunry vl ~..~. ~.~.. .Oara. .......... .!!. ~i~ ~:An •~..I am• • D y.Mm " '.p~r..~ r. ~n; :.r..... ..n r. .rr. r r.Airr ~•?r orn nrnr ~ IA. lie a N~mbarlrl r110t[FM WR200ATIfN BYx _ d~~o~~oG -- IP-l2 WEWMTION) !A 0'M I. Ll44FBPM, ~ PIS6II4NP N4)ASST. 91C0RIARY _ , 19. lowlien Nvmhar and Slnal clry ana 4p coca wpnry `+J ; ~ dA ~c ~ ~ iss3 11aRt1~2~E3-4i5 s~ Do Not Wdle 8dox Thu Line; For Drpvdmml Vx Only j)J.•</ Anooh<d~ Q Va<arded ^ n< . •%~ T Q {idotipry mp^4 ._ .......................... .__ COPIES MAltEO .....__....._.. <•.u, (] fi^apl. pV ol.......... Void ar .................. _._...... 9:Tme an.................RaYpI NO ...................... ~Z~ 8754 8750 8746 8744 8742 8740 8738 8736 s734 8732 M1 > O Op ~O ~ r. o . N o (v w t W ' W w u L E L p V C L L O ~ L U L T a iO T r a~~~ L N A A LL u'~ 2 ^ u ' v~-c L O V d ~ ^ m d < 6 ~ r~ N ^ V d V O ~ N d ~+9 0 z u + G W O O ~ T ~ g ~ w v ° ~= L B ~ ~ ~ ~ ~ pO, L O Y N ~ y 4 L 2 ~ p P C U V 1 ~ V ~ y yy y ~ 2 L u v ~ - O - i2Z > rn ~ ~ LL F C l'C .. .. K O C O ua+M v O < L ~J N N Z K ~ N op CC F - W d 2 VI W 2 CIiRNELIfIN 8798 8796 1 87921 d' I ~D ao 00 M1 r m 00 0 P+ CO W W H ~~ io m a N m O a N N m N U1'1'Y Ur' 1(ANl:riU UUUAMVNIiA STAFF REPORT DATE: September 1, 1993 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Rtck Gomez, Cammnlty Development Director BY N1111am J. O'Neil, City Engineer SUBJECT: APPROVAL TO AMEND THE CITY'S FY 93/94 BUDGET BY ADDING A CAPITAL IMPROVEMENT PROJECT FOR THE CONSTRUCTION OF THE METROLINK STATION RECOMMENDATION The City Council approve an amendment to the FY 93/94 budget by adding the funding process for the construction of the Metrolink Station in accordance with the attached Budget Documents. As per the Finance Department's direction, an amendment t0 the FY 93/94 budget will be necessary to provl6e for the revenue deposits fray SANBA6 for the Metrolink Station. At the July 21, 1993 City Council meeting the Council adopted the Cooperative Agreement with SANBA6 for the funding of the Metrollnk Station and related fatuities. This agreement cells for SANBAG to fund a maximum of 53,500,000 toward the costs associated with the station and related facilities including right-of-way to be located at the southwest corner of Milliken Avenue and the Atchison Topeka and Santa Fe Railroad. The source of the funds are spilt evenly between Drop. 108 and Measure I/Commuter Ra11 revenues. Respectfuily bmltted, Rick Gomez Communlly velopment erect RG:NJO:diw Attachments 11 CITY OF RANCHO CUCAMONGA FISCAL YEAR 1993-94 BUDGET ESTIMATED REVENUE SPECIAL REVENUE FUNDS POPULATION ESTIMATES: CENSUS 1980 ~ 104,387 110,008 112,59@ ACCOUNT CODE ESCRIPTON BUOOEIED REVENUE FIBCAI.VFJIR 1901 -1902 SUDOEIED REVEMIE FI9CALYEAR 1902 - 1990 REVBiUE ESTIMATE FISCAL YEAR 1984 -1903 REVENUE ESIIAMTE FI8CAL7EM 1982 -1904 St. Prof 109: POwnpOf R09 30110 Act 39-3901 5200 9I. Prop 109: Pa900npN RN 0 0 0 1,790p00 36-3901 IS00 111t910M InC011N 0 0 0 17,500 of ro ~atwn 90n 99IOYCYIO County MwOUn 1: C011MMMw RW 37-9900 3210 Wwnl: CpnnxR9rRY 0 0 0 1,730,000 37-9901 1900 I19NMIr1CO11N 0 0 0 17,500 of u Own 12 CITY OF RANCHO CUCAMONGA FISCAL YEAR 1993/94 ANNUAL BUDGET SUMMARY DEPABTMEM: ConwnNy DnWo,'awwa Fl1ND: 96 DMSION: ErpNNwkp COSY CENTEIC ~89J Stab Ptop. lOB~Paaaangar Rao Bono Act lt7 GITY OF RANCHO CUCAMONC3A FISCAL YEAR 1993/94 CAPITAL IMPROVEMENT PROJECTS DEPAIR-EM: Ca~munNy OMlopmxn FUND: 3E DM870N: ErgYwrNq COST 4ENTER: N37 Sbb Pmp. 13NP~r~nWr NY Bona M CITY OF RANCHO CUCAMONGA FISCAL YEAR 1993/94 ANNUAL BUDGET SUMMARY DEPARf1AEpT: Cammualy Dwhbpnwrt FUNO: 97 OMSWN: EnpkiaM4p COST CENTER X877 San eamaidno Coumy ANrun 1: Camnartw SW 15 CITY OF RANCHO CUCAMOhGA FISCAL YEAR 1993/94 CAPITAL IMPROVEMENT PROJECTS DEPAI(tAENf: COImI1MYtJ DwnkPmaf FUND: 37 DMSION: ErgIONiMp ~~~~ ~l37 1981y2 7 1 Sal SMMrAMa CaNHy Mauur~ 1: CamM~r flW OSJ. AdopYO A6opatl EaYnaW Narpa AOOpW 932 T 6 METRDUNKSTA710N 6fA4UTiE3 0 0 0 1,787,300 m. 16 t;ri~x yr tuuvt;n~ wt~e+ivivivue~ STAFF REPORT ~' GATE: September 1, 1993 T0: Myyor and Members of the City Council Jack Lam, AICP, City Manager FROM: Ntiltam J. O'Neil, CTty Engineer 8Y Nalter Stickney, Associate Engineer SUBJECT: APPROVAL TO APPROPRIATE 525,000 FROM FUND 09 - "GAS TAX' FOR THE PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR THE MILLIKEN AVENUE EXTENSION FROM ARRON ROUTE TO FOOTHILL BOULEYARD RECOMIEIDATION It is recommended that City Council appprove sn appropriation of 525,000 from F!!nd 09 - "Gas Tax" for the prcpartton of Environmental Documents for the Milliken Avenue Extension from Arrow Route to Foothill Boulevard. eAC1csRBUIniAMALrsIs In cantunctlon with the improvement of the Milliken Avenue Extension from Arrow Route to Foothill Boulevard tt is necessary to prepare an Environmental Assessment for the protect. The appropriation of (25,000 will go toward consultant services for Lhe above envtromaental requirements. This appropriation will not Impact any protects City Council Previously approved 1n the Fy 93/94 budget. Respec ly submitted, ~ Q ~~ lam. Ni11 J. O'Neil City Engineer MJO:NS:dlw 17 CITY OF RANCHO CUCAMONOA STAFF REPORT DATE: September 1, 1993 TO: Mayor and Members of the City Council ^' Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY John Martin, Associate Engineer SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH L. D. KING FOR FOR THE AMETROLINK STATION I AT PMILLfKENE AVENUE IgND~ THE SANTAATFE RAILROAD FOR 5192,500 TO BE FUNDED EQUALLY FROM FUNDS 36-4637-9326 AND 37-4637_9326 REC01*ENpATION It is recommended that the City Council approve the Professional Services Agreement with L. D. King, and authorize the Mayor and City Clerk to sign said agreement. BACKGR011_ pp~~,YSIS The Community Development staff has actively pursued the process of selectingg a Design Engineer for development of plans for the metrolink station at Milliken Avenue. Several firms were contacted to Vrovlde the City with proposals for developing conceptual site design and final construction plans and specifications. venture withoParsonsiDeLeuw awes tselect dosals the firm of L. D. King in joint project. The firm of L. D. Kin as the best qualified fine for the including Ontario and Montclair. The firm of Pagsons-DeLeuw hastdesignedsaver 20 stations in Los Angeles, Orange and San Bernardino Counties and was in joint partnership with L. D. K1ng~in developing the Montclair station which is still under construction. The scope of services, was defined to eliminate overlaps was hnegotla tads the t~refloects la mutuallyd acceptabl e~agireement~ design and a price Metrolink stations and platforms have become specialized work due to the relatfonships between passenger, platform and railcar. Staff Ts confident this team will provide a quality product within an acceptable time frame. An added benefit to having Parsons-DeLeuw on the project 1s they developed the Design Manual for ail Me*.rolink stations and platforms and are fn constant contact with the Southern California Rail Authority for design changes. the Public Works Subcommittee has reviewed all of the proposals and concurs with the staff reconmendation. iespec tfully spb~mitted, illiam J. O'Neill sty Engineers JO:JM:dlw I8 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September I, 1993 ' T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Million J. O'Neil, Ctty Engineer BY Jahn Martin, Associate Engineer SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT NITH RJM DESIGN GROUP, iNC., FOR THE PREPARATION ~ ARCHITECTURAL PLANS, SPECIFICATIONS, AND ESTIMATES FOR THE METROLINK STATION AT MILLIKEN AVENUE AND THE SANTA FE RAILROAD FOR 538,000 TO BE FUNDED EQUALLY FROM FUNDS 36-4637-9326 AND 37-4637-9326 It 1s recommended that the City Council approve the Professional Services Agreement with RJM Design Group, Inc., a~ authorize the Mayor a~ City Clerk to sign said agreement. BACXGNOUID/ANALYSIS fie Community Development staff has actively pursued the process of selecting a Architectural Consultant for development of plans far the Metrolink station at Milliken Avenue. Several firwis were contacted to provide the City with proposals for develoDing conceptual and finished design plans for the Metrolink Station's architectural character and overall site thane. After a thorough review of all the proposals the tame of RJM Design Group and Noff/Lang/Christopher were setetted for the project. A scope of services and a price was negotiated that reflects a mutually acceptable agreement. Staff anticipates that the combined resources of both flrws will provide a comprehensive design solution that meets the City's aesthetic, budgetary and scheduling goals. The Public Morks Subcowelttee has reviewed ell of the proposals and concur with staff. Respec*.fully ltted,?. ~~` ~~~ Mi111me J. ii City Engineer NJO:JM:dlw Derbish Guerra & Associates have submitted a proposal to prepared engineering plans and specifications to expanded the Milliken Park parking lot onto the proposed Y.M.C.A. site. The proposed contract is $32,500 for both projects. The Milliken Avenue Grade Separation Slope and Drainage Modification portion is $17,750 and will be funded from Landscape Maintenance District No. 3B (Account No. 46-4130- 9324) and the Milliken Park Parking Lot Expansion portion is $14,750 and will be funded from Landscape Maintenance District No.4 (Account No. 43-4130- 9323). Copies of the agreement are available in the City Clerk's office. Respectful ubmitted, ~~ . YJilliam J. O'Neil City Engineer 17,, CITY OF RANCHO CUCAMONGA :..7`-%s~~ STAFF REPORT " ~~~ '`'' DATE: September 1, 1993 :.^ ;s TO: Mayor, Members of the City Council and City Manager (Cl~ ~.; FROM: William J. O'Neil, City Engineer BY: Lucinda E. Hackett, Associate Engineer SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DERBISH, GUERRA & ASSOCIATES FOR ENGINEERING SERVICES FOR THE MILLIKEN AVENUE GRADE SEPARATION SLOPE AND DRAINAGE MODIFICATION FOR A FEE OF $17,750 TO BE FUNDED FROM ACCOUNT NO. 46-4130-9324 AND THE MILLIKEN PARK PARKING LOT EXPANSION FOR A FEE OF $14,750 TO BE FUNDED FROM ACCOUNT NO. 43-4130-9323. t~ECOMMENDATION It is recommended that the City Council approve the Professional Services Agreement with Derbish, Guerra & Associates and authorize the Mayor and City Clerk to sign said agreement. BACKGROUND / ANALYSIS Milliken Avenue Grade Separation was completed in October of 1992. During the facility's first few menths of operation it became apparent that there were slope maintenance and drainage problems due to irrigation and storm water runoff. Derbish, Guerra & Associates has submitted a proposal to prepare engineering plans that would modify the slopes and drainage facilities to prevent further damage from occurting. Milliken Park is located at 7699 Milliken Avenue in the Terra Vista Planned Community and was dedicated in October of 1992. Milliken Park was designed to be built in conjunction with the proposed Y.M.C.A.which is to be located on the parcel adjacent to and southerly of the park site. The approved design, for the park and the Y.M.C.A. called for a joint parking lot to serve the needs of both the facilities. When the park was constructed, only one section of the parking lot was installed. Due to the popularity of the park with its regulation softball field, basketball and volley ball courts, tot lot and picnic facilities this lot is considerably under size and people are forced to park in the vacant dirt Y.M.C.A. site. W - CITY OF RANCHO CL'CAMONGA STAFF REPORT DATE: September 1, 1993 TO: Mayor and Members of the City Councl Jack Lam, AICP, City Manager FROM: Robert C. Dominguez, Administrative Services Director SUBJECT: APPROVAL OF PARTICIPATION AGREEMENT WITH PUBLIC AGENCY RLSK SHARING AUTHORITY OF CALIFORNIA FOK CITY WORKERS' COMPENSATION PROGRAM RECOMMENDATIOU It is recommended that the City Council approve the participation agreement with the Public Agency Risk Sharing Authority of California (PARSAC) for the City's Workers' Compensation Program and authorize the Mayor to execute the document on behalf of the City. Since 1990 the City has been affiliated with the Califomia Municipal Insurance Authority (CMIA) for Workers' Compensation Administration. Very recently, the title of this group has been changed to the Public Agency Risk Shazing Authority of California (PARSAC). The initial agreement was for three years and terminated June 30, 1993. A subsequent three year agreement has been prepared by the Authority and has been forwarded to the participating cities for their action. The Authority is comprised of 17 cities who pool their funds for purposes of self- insu:ing for Workers' Compensation claims. Thus far the City has found the pooled concept to be of benefit administratively, as well as economically. City staff has reviewed the agreement and had issue with one specific Claus. This specific section is Section 10, Page 10, Procedure for Settlement of Claims. Since the City no longer has a representative on the Board, our interpretation of the section is based solely on the wording of the section. Accordingly, we contacted the Authority expressing our concern with regard to the "exclusive settlement authority" possessed by the General Manager of up to $50,000, and of the Workers' Compensation programs sub-committee having settlement authority of up to $250,000, exclusive of any direct input by a member city. In consultation with the City Attorney, and after discussion with the General Manager and other board members of PARSAC, the General Manager agreed to enclose the attached letter which provides what staff was looking for, and that is consolation and dtrect involvement prior to any settlement being reached by either the General Manager or the Workers' Compensation sub-committee. As you will note, the General 21 CITY COUNCIL MEETING APPROVAL OF PARTICIPATION AGREEMENT WITH PARSAC September 1, 1993 Page 2 Manager was even willing to submit an amendment to the contract at their November 19, 1993 meeting; however, staff feels that the attached letter, which we would recommend be made part of the agreement,addresses our concerns. The cost for participation in PARSAC for 1932/93 was slightly over $3()(1,000; this was within budget. The amount budgeted for 1993/94 is $2%,400. The decrease is because of fewer numbers of employees covered by Workers' Compensation. The City will continue to attempt to address Workers' Compensation claims by ensuring safety practices are adhered to and by reacting quickly to claims. With the additional provisions provided by the letter of August 9, 1993, staff is in concurrence with the provisions of the agreement and would rernmmend approval by the Council. Respectfully submitted, n rt ~ n uez ~n~~ e~rvices Director RCD/dah attachment 11344 Cobma Road, Suite 825 Gold Rive:, CA 95670-0458 Phaw (916) 852L170 FAX (916) B52fi173 O :am WILLIAM auc ~> teas rusk August 9, 1993 Ms. Brigit Tate Department of General Services City of Rancho Cucamonga P. O. Box 807 Rancho Cucamonga, CA 91730 RE: SETTLEMENT AU'INORITY FOR WORKERS' COMPENSATTON CLAIMS Dear Ms. Tate: This letter will serve to confirm conversations we have had regarding the authority of the PARSAC (formerly CMIA) General Manager to settle workers' wmpensation claims involving individual PARSAC Member Entities. Paragraph 9, under "TERMS", entitled "Procedure for Settlement of Clail is", gives the General Manager settlement authority up to 550,000. As discussed, the intent of the Executive Committee was that any settlement be negotiates with the informed consent and participahon of the Member Entity. In other words, neither PARSAC nor its General Manager will ever enter into a settement without first contacOng the Member Entity and gaining their input and concurrence. In order [o protect the financial integrity of the pool, however, the General Manager does make the final decision on any such settlements. Should there be a disagrcement, the Workers' Compensation Subcommittee will act as arbitraror. Should this letter not eliminate all of the concerns of your city regarding the foregoing, I am willing to present an amendment to t'^•~ Workers' Compensation program Participation Agreement at the November 19, 1993 PARSAC Board of Directors meeting incorpora5ng the stated intent. Very truly yours, William A. Sorrick, General Manager cc: PARSAC Executive Committee Dallas Holmes, Generat Counsel CITY OF RANCHO CUCAMONCA STAFF REPORT DATE: September 1, 1993 FII ~'~ UL TO: Mayor and Members of the City Council ~~ Jack Lam, AICP, City Manager FROM: Rick Gomez, Community Development Director BY: Karen McGuire-Emery, Associate Park Planner SUBJECT: APPROVAL TO AWARD AND AUTHORIZATION TO EXECUTE A CONTRACT FOA THE RANCHO CUCAMONGA NEIGHBORHOOD CENTER ROOFING PROJECT FOR THE AMOUNT OF $45,435.50, ($41,305.00 PLUS A 10$ CONTINGENCY) TO BE FUNDED FROM COMMUNITY DEVELOPMENT BLOCK GRANT ACCOUNT NO. 28-4333-9105 TO J. CAB 6 SONS. ROOFING, INC., AND AUTHORIZE ADDZTTONAL APPROPRIATION AND EXPENDITURE FOR FISCAL YEAR 1993-94, IN THE AMOUNT OF $2200.00, ($2005.00 PLUS A 10$ CONTINGENCY) FROM FUND BALANCE INTO EXPENDITURE ACCOUNT 13-4563-7043 FOR THE REMOVAL AND REPLACEMENT OF LANDSCAPE MATERIAL AT THE NEIGHBORHOOD CENTER HY MARIPOSA HORTICULTURAL ENTERPRISES, A LANDSCAPE MAINTENANCE COMPANY CURRENTLY ON CONTRACT WITH THE CITY. RECOMMBNDATION It is recommended that the city Council award and authorize execution of the contract for the Ranc:~~ Cucamonga Neighborhood Center Roof inq Protect to the lowest responsive bidder. J. Cab S Sons Roofing, Inc., for the amount of $41,305.00 and authorize the Administrative Services Director to expend $45,435.50 ($41,305.00 plus a i0$ contingency) to be funded from Community development Block Grant Account No. 28-4333-9105. In addition, it is recommended that the City Council authorize additional appropriation and expenditure for fiscal year 1993-94, in the amount of $2200.00, ($2005.00 plus a 108 contingency Prom fund balance into expenditure account 13-4563-7043 for the removal and replacement oP landscape material at the neighborhood center by Mariposa Horticultural Enterprises, a landscape maintenance company currently on contract with the city. HACRGROOND/ANALY8I8 Per previous Council action, bids were solicited, received and opened on August 19, 1993, for the Rancho Cucamonga Neighborhood Center Roofing Project. The following is a summary of those bids received: RANCHO CUCAMONGA NEIGHBORHOOD CENTER ROOFING PROJECT Arch. Estimate: $38,285.00 Bid Date: August 19, 1993 Bidder Amou J. Cab & Sons Roofing, Inc. $41,305.00 Eberhard Roofing $64,642. U0 Roy O. Huffman Roof Company $101,673.90 Staff has reviewed all bids received a.nd has found J. Cab & Sons bid to be complete and in accordance with the bid requirements, as the apparent lowest responsive bidder with a bid amount of $41,305.00. The Architect's estimate was $38,285.00. In order to accomplish the roofing project as well ae the scheduled painting improvements at the Neighborhood Center, it is necessary to remove existing landscape material attached to Lhe east face of the building and along the east block wall. Upon completion of the improvements, the existing ivy will be replaced with a foundation planting which will be non-invasive and low maintenance. ,\ Respectfully submitted, /< `~ ~ ' 'r Rack Gomez Commalkiity Development Director ~_/ RG:KME:kme LJ 1:11'x V1' ttEflv(;riV l~UI;AMViV IiA STAFF REPORT ` '"~ GATE: September 1, 1993 T0: Mayor and Members of the City Council Jack Lem, AICP, City Manager FROM: William J. O'Neil, Ctty Engineer BY: Dan James, Senior C1v11 Engineer SUBJECT: APPR6YAL OF CONVEYANCE AGREEMENT BETWEEN SAN DERNARDINO COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF RANCHO CUCAMONGA FOR THE CONVEYANCE OF LAND FROM THE FLOOD CONTROL TO THE CITY FOR STORM DRAIN PURPOSES RELATING TO THE DEVELOPMENT OF TRACT 13527 AND TRACT 14139, LOCATED NORTH OF 24TH STREET ANO WEST OF ETIHANDA AVENUE It is recommended that the City Council approve the subiect agreement with San Bernardino County Flood Lontrol District (S.B.C.F.C.D.) and authorize the Mayor and City Clerk to sign said agreement. Tract 13527 and Tract 14139 were conditioned to construct the C11;y's master planned storm drain within 24th Street from their westerly property line to Flood Control facilities Tn the Etiwanda spreading grounds. The County Flood Control District owns a strip of land, 50 feet wide, within the future 24th Street west of Etlwanda Avenue. Currentiy this land is an earthen channel maintained by Flood Control. The agreement provides for the Flood Control District to convey the property to the City at no cost. The developers of Tract 13527 and Tract 14139 will install ±he pubifc lmprovments per the conditions of the tracts. Once installed the 24th Street Storm Drain will be maintained 6y the City. Attached 1s a letter from the County Flood Control Staff indicating their acceptance of the Agreement. Once the City has executed the Agreement County Staff will present 1t before their Board for approval. The A regiment has been reviewed by the City Attorney and is on file in the City Clerk's office. Respectfully u ltted, ~Z~z~ Nilltam J. 0' 1 City Engineer WJ0:0.1:d1w Attachment ~ ,~ ~ ~ ' z %f' ~ jr 'fT IM39 ~~ w ' II ~ ~ ~~ ~ _~: ~ r ~, ! a o ~ j ! ~ J 3 ~ n issz7 ~ ~ --PR0Po5Ep LAND GoNVEYANGE li ~ - - -- / ----~ -, u I ~ ~i,~ ~_-_ q, - ---_----~- 7 __ ..._ ---1'TI T' - ..._ I ~ i ~ 7 '~L_ =~11N --a -~~ ----I _~ CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION a ~-~-T ~ ~~v i ~ pp~; 7T 14139 ~` ~~6.17 1TTLE: `^.~tL~L M~lv F.XF~Pf: ~ 27 TRANSPORTATION/FLOOD CONTROL - couNrvofsnNSERNaRO1No DEPARTMENT ' ~'-: PUSUC WORKS GROUP a25 Emt Thhd Street Sin Bwnardino, CA 92415-0&35 • 17141 3875&00 NEN A. MILLED fee No. 17141 357-2807 Onec<ar File: 1-705/ 1.00 August 24, 1993 Mr. Jce O'Neil City of Ranch Cucamonga P.0. Box 807 Rancho Cucamonga, CA 91729 RE: 24th Street Storm Drain Right-of-Way Agreement Dear Joe: Reference is made to my letter to you dated July 30, 1993 regarding the proposed agreement and a meeting with your staff, Keith Company and Watt Company on August 11, 1993. Forwarded for appropriate action are eight 18i copies of the agreement between the City of Rancho Cucamonga and the District regarding the transfer of District property along 24th Street in the vicinity of the Ahmanson Watt tracts. The agreement has been reviewed by County Counsel, Risk Management, Affirmative Action and other internal divisions and found to be satisfactory; however, in reviewing the technical information provided by Keith Company through their correspondence dated July 21, 1993 (received on July 26, 19931 there are some inconsistencies in the hydrology calculations. A meeting has been scheduled for 3:00 p. m. this date in an effort to resolve these final issues. When these issues are resolved, the District will recommend to the Board of Supervisors to adopt the agreement. A scheduling date of September 21, 1993 or September 28, 1993 could be met for our Board's consideration provided the inconsistencies are resolved. It should be noted that resolution of the inconsistencies would not effect the agreement, which could be allowed to proceed by the City; however, the County, of course, would not approve the agreement until the issues are resolved. r~ Mr. Joe O'Neil August 24, 1993 Page 2 of 2 Af*sr appropriate action by the City Council, please return all eight (8) copies back to this office. After our Board's consideration, we will provide the City with three 13- sets of documents. Thank you for your cooperation in this matter. Should you have any questions, please do not heskate to contact me aJt (909) 3871-26/19. Very .nYYoSN~,;,l.~l~(-~ LE~. NEEB, P.E. EtiwandalSan Sevaine Project Manager LSN:Imk Attachment as noted cc: R. Scott Hanks, Watt Homes John Steger, SBCFCD KAM -Heading file LSN 277 - - c11'Y or itANCxO CUCAMONGA , •~• ., STAFF REPORT ~ :•r"~ " DATE: September 1, 1993 T0: Mayor, and Members of the City Council `Vl Jack Lam, AICP, City Manager FROM: NillTam J. O'Neil, City Engineer ~ BY: Steve M. Gilliland, Public Norks Inspector ~. ! ~'---~ SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 13753 LOCATED ON THE NORTH SIDE OF ELLENII STREET NORTH OF BASE LINE ROAD, SUBMITTED BY LENIS HOMES RECOMMENDATION It Ts recommended that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authortzing the Mayor and City Clerk to sign said agreement. BACKIROUIp/ANALYSIS Improvement Agreement and Improvement Security to guarantee Use construction of the public improvements for Tract 13753 were approved by the City Council on August 6, 1992, in the following amounts: Faithful Perfonrance Bond: f483,089 Labor and Material Bond: f241,545 The deveiaper, Lewis Homes, 1s requesting approval of a 12-month extension on said improvement agreement fn order to conptete the /mprovements which are being constructed 1n phases. Copies of the Improvement Agreement Extension are available 1n the City Clerk's Office. Respectful ubmltted, ate--~P Nilliam J. Neil City Engineer NJO:SMG:Iy Attachments Lewis Homes Management Corp. 1156 Vonh A7nuntain Avenue/ P.O. Box 670/Upland, California 9I7R5-0670 909/9R5-0971 FAX: 909/949-6700 August 11, 1993 city of Rancho Cucamonga losoo Civic center nrive P. O. Boz 807 Rancho Cucamonga, CA 91729 Attn: eteva Oillilaad Public Works Inspector Ref.: Tx. 13753 - Ezteaaioa of Improvement Agreement Dear 8tevet Per your conversation vita xarea Haieer yesterday, enclosed plaaeo find the Improvement Agreement Eztanaioa form, ezecutad in triplicate, as well as our snack in tae amount of $251.OO, to extend Tr. 1373 foi 12 montas. since thin is a multipbaa• tract and we era only doing about 20 at a time, it will take ua over a year, eo wa will need a yeara~ eztenaion. Thank you for your consideration of our request. very truly yours, LEWIB HOMES YANAGEMEHT CORP. Doa Thompson Terra vista Projaot Manager DMT:kak Enclosures 31 RESOLU?ION N0. ~~. , ~ 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION ANG IMPROVEMENT SECURITY FOR TRACT 13753 NHEREpS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on September 1, 1993, by Lewis Homes as deveioper, for the improvement of public right-of-way adJacent to the real proper*y specifically described therein, and generally located on the north side of Ellena Street north of Base Line Raad; and NHEREAS, the installation of such improvements, described in said Improvement. Agreement and subJect to the team thereof, 1s Lo be done in conJunctlon with the development of said Tract 13753; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which 1s identified in said Improveaent Agreement Extension. NOM, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. CITY OF RANCHO CUCAMONGA STAFF REPORT ` GATE: September 1, 1993 - T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: N1111am J. O'Neil, City Engineer BY: Steve M. Gilliland, Public Norks Inspector I`~v SUBJECT: ACCEPTANCE OF IMPROVEMENTS, RELEASE OF BONDS AND NOTICE OF COMPLETION FOR PARCEL MAP 11341, LOCATED ON THE SOUTHEAST CORNER OF MILLIKEN AVENUE AND CHURCH STREET RECOMMENDATION: The required street Improvements for Parcel Map 11341 have been completed in an acceptable manner, and it is recommended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bonds in the amounts of 5302,000, 5180,000 and E130,000. BAgI6MDIMID/AMALVSIS Parcel Map 11341 -located an the southeast corner of Milliken Avenue and Church Street DEVELOPER: Ler15 Homes P.0. Box 670 Upland, CA 91785 Release: Storm Milliken 8 Foothill Streets Drain S14na1 Faithful Performance Bonds ;302,000 5180,000 5110,000 Respectfully suD~~ tied, N1111am J. 0'N (~~~ City Engineer NJO: SMG ad Attachment RESOLUTION N0. 9~ " / ~ 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 11341 AND AUTHORIZING THE FILING OF A NOTICE Of COMPLETION FOR THE WORK WHEREAS, Lhe construction of public improvements for Parcel Map 11341 have been compieted to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NON, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work 1s hereby accepted and the City Engineer 15 authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. DATE: September 1. 1993 s;ii x yr ts.:tvt;nv ~ut.;r~mvrvtxrx STAFF REPORT e T(7 Mayor and Members of the City Council Jack Lam, AICP, City ana FROM: Jerry B. Fulwood ~ Deputy City Mans ,~ SUBJECT: CONSmERATTON TO AMEND MUNICIPAL CODE TITLE 8 BY REPEALING CHAPTER 8.24 AND ADDING A NEW CHAPTER 8.24 PERTAINING TO THE PROHIBITION AND REMOVAL OF GRAFFITI RECOMMENDATION: Per City Council direction, please find attached the applicable ordinance for f"ust trading. BACKGROUND: On August ]8, 1993, the City Council approved the Anti-Graffiti Task Force's recommendation and directed staff to bring the proposed Anti-Graffiti Ordinance back to the City Council for first reading. 1BF:jls g U~_~ S_ 9 3 W E D i l 2 q M g R K M q N a g R C Z Y N S K I P 0 2 i 1 2 E~RAFT ORDINANCE N0. 5IS AN ORDINANCE OF THE CITY OF RANCHO CVCANONOA ANENDINO TITLE 6 OF THE RANCHO CUCAMONOA MUNICIPAL CODE EY REPEALING CHAPTER 8.24 AND ADDING A NEN CHAPTER 8.24 THCRETO PERTAINING TO THE DROHIBITION AND REHOVAL OF URAFFITI. The City Council of the City of Rancho Cucamonga does ordain ae follows: eeatlon 1• Chapter 8.24 of the Rancho Cucamonga Municipal Coda Sa repealed. Anew Chapter 8.24 is hereby added to Title 8 Ot the Rancho Cucamonga Municipal Coda to read, in words and figures, as follows: n~~ e•:4 nORAFFITI FAOHIBITIOM ~~ AENOVAL 1'YaotioRal "6 .24.010 PurpOae end intent. "8 .24.020 Daflnitlone. "8 .24.030 Unlawful to apply graffiti. "6 .24.040 Possession of gre tfitl implements And scribing devices by minors prohibited. "8 .24.050 Possession of graffiti implements prohibited in designated publia places. "5 .24.060 Accessibility to graffiti implements. "8 .24.070 Graffiti removal provisions. "8 .24.080 Rewards. "8 .24.090 Reimbursement of cellular phone coats. "8 .24.100 Penalties and civil liability of parents. "@124.010 f_~pss• ATId intent. "The City Council of the City of Rancho Cucamonga hereby specifically finds that graffiti on public and private properties is an immediate and serious threat to the safety and welfare of the Community. Furthermore, graffiti encourages gang and other criminal activities thereby threatening the safety of citizens of the City. Additionally, both public end private~~properties are experiencing a dramatic increase in graffi~i wh lch is costly to remove and creates a negative image of the City of Rancho Cucamonga. Graffiti is a blighting factor which not only 1 W A V G- 2 5-?~ W E D i l v? 5 M A R K M A N ~ g R C Z Y N S K I P 0 3 i 1 2 depreciates the value of such property that has been the target of such vandalism, but also depreciates the value of the adjacent and surrounding properties so as to creato a negative impact upon the entire city. "state law authorizes the city, under certain circumstances, to provide for the removal of graffiti and other inscribed materials from private as well as public property. The Council finds and determines that graft itl is obnoxious and a public nuisance and unlesc the City causes it to be removed Lrom public and private property, it tends to remain. other properties then become the target o! graffiti with the result that entire neighborhoods are affected and become less desirable places in which to be. "It is the purpose and intent of the City Council, through the adoption of this Chapter, to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement, including the application of graffiti on privately and publicly owned walla and structures. Such acts are inimical to and destructive oL the rights and values oL private property ownors ae well as the total community. It 18 the Lurther intent oL the City Council, through the adoption of Ehis Chapter, to provide notice to all of those who disregard the property rights of others, that the law enforcement agencies of the City, the sheriffs Department and the District Attorney's office, will strictly enforce the law and vigorously pro^ecute those persons engaging Sn the defacement of public and private properties. "§~2~ Definitions. "A. Aerosol Raint Container. `Aerosol paint container' means any aerosol container which is adapted or made for the purpose of spraying paint or other substance capable of defacing property. "B. Felt Tip Marker, `Felt tip markor' means any tipped style marker or similar implement with a tip which, at its broadest width, is one-eighth (1/8th) inch or greater. "C, Graffiti. `Graffiti' means any inscription, word, figure, or design that is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or on any sur[aco, to the extent the same was not authorized in advance by the owner thereof, or, despite edvanca authorization, Ss otherwise deemed by the City Council to be a public nuisance. a7 I A U G- 2 5- 9 3 W E D 1 1: 2 5 M A R K M A N W A R C g y N S K I P0ai12 "D. Graffiti Implement. `Graffiti implement' means an aerosol paint container, a felt tip marker, or any other device containing any solution or substance capable of being used to leave a visible mark at least one-eighth (1/ath) of an inch in width upon any surface. "5121.03p tLlltwtul fg ibD1V araifiti. "It shall be unlawful for any person to apply graffiti to any trees or structures including, but not limited to, buildings, Walls, fences, poles and signs, (`structures' herainaPter in this Chapter) located within the City. It shall also be unlawful for any person to apply or affix eny adhesive backed label, sticker, `bumper sticker' or similar item, to any tree or structure not owned or lawfully possessed by such parson. "$iZ ~.O eo, Poar~seion Q,t qujj~i isolerent^ ~ rnribina 'devi°es pj( ~~ prohibited. "It shall be unlawful for .eny minor to have Sn his or her possession any graffiti implement or rcribihq device while upon public property or upon private property without the consent of the owner of such private property whore consent to such porsession and presence it given in writing in advance. For purposes of thi• section, `scribing devioe~ means any drill bit, grinding atone, glare cutter, or any device the purpose of which i• to scribe into any outface. "This Section shall not apply to the porseselon of a felt tip marker by a minor attending, or traveling to or from a school at which the minor it enrolled, if the minor is participating in a claer at raid school which formally requires the possession of such felt tip markers. ur,21.050 Post~uion Qj prrjfiti irelyent• orobibited jp d~~.aneted gYA114 blaoe•. "It ehali be unlawful for any person Co have in hie or her possession any graititi implement while In any Publio Park, playground, swimming pool, recraatlonal facility, or while in or within ten (10) fast oL an underpass, bridge abutment, storm drain, or other similar type o! infrastructure not normally usnd by the public, except as may be authorized by the City. "Q,1II~.06q 1(Qge~b 11ty j,S eratfiti imoi~melyt~. "A. Furnishing to minors prohibited. It shall be unlawful for any person, other then a parent ar legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to ba exchanged, given, loaned, ."+ U ~~ - 2 S ._ 0 3 w i n 1 1 6 M g R K M R N D R R C 2 Y Ns Y.I P03~ 12 or otherwise furnished, any graffiti implement to any minor without the consent of the parent or lawful guardian which consent shall be given in advance in writing. "8. Display requirements. No person or business engaged in a commercial enterprise Bhall display for sale, trade or exchange, an}• graffiti implement except in an area from which the public shall be securely precluded without employee assistance. Two such acceptable methods for displaying graffiti implements for sale shall be by containment in (1) a completely enclosed cabinet or other storage device which shall be parmanantly aiflxed to a building or structure, and which shall, at all tlmas except during access by authorized rapreaentativas, remain securely locked; or (2) Sn an enclosed area bahlnd a salsa or service counter from which the public is pracludad from entry. Nothing herein shall relieve ouch parson or business entity from, at all times, complying with the raguiremante of California Penal Code Section 594.1(e) by posting signs as described therein. "C. Storage requirements. No person or business engaged in the buainaes of selling, providing or Grading graffiti implsnanta shall atom any graffiti implement oxcept in either (1) a oompletely enclosed room which shall, at all times axcept during access or actual occupancy by the owner oran authorized adult representative of the owner, remain secuzely locked; or (2) in a completely encloaad cabinet or other storage device which shall be permanently affixed to a building or building structure, end which eha11, at all times except during accase by the owner or an authorized adult representative of the owner, remain eacurely locked. For purposes of ihSe 9eotion, an owner or authorized repreaentativs of the owner, shall be deamad to actually occupy a room even during brief parlods of absence if the room is contained within a larger structure which is occupied by the owner. "D. Civil responsibility for damages for wrongful display or storage. Any person who displays or stores or permits the display or storage, of any graffiti implement in violation of the provision8 of this Sact ion shall ba personally liable for any and all costa, including attorneys fees and court oosts, incurred by any party in connection with Lhe removal ~f graffiti, the repair of any property containing graffiti, or such party's prosecution of a civil claim for reimbursement or demagas resulting from such graffiti removal or property repair, erlsing from the use by any person of aUCh wrongfully displayed or stored graffiti implement in violation of the provisions of any of the California Penal Code Sections set forth in Section 8.24,080 A.1. hereof, or Section 8.24.070 of this Chapter, 7!1 q U G- 2 5- 9 T, W E D Y 1:~~ M A R Y. M A N a g R C Z Y N S K I P 0 6 i 1 2 "¢,,j~.o7o graffiti removal p~ovlsiopg. "A. Right of City to require removal. It is unlawful for any person who is the owner, or who has primary responsibility for control, of private property or who has primary responsibility for the repair or maintenanco of private property (`Responsible Party' hereinafter in this section), to permit said property to be defaced with graffiti for a period in excess of seven (7) days after service by City by first class mail oP notice of same, unless (1) said person shall demonstrate by a preponderance c°. evidence that he or she does not nave the financial ability to remove the defacing grattiti~ or (2) it can be demonstrated that the Responsibl• Party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which vase it shall be unlawful to permit such property to remain defncad with graffiti Por a period of fifteen (15) days after service by first class mail of notice of same. "8. Declaration of nuisance. "1. Graffiti u a nuisance. The City Council hereby declares and Linda graffiti to be a nuisance aub]ect to abatement according to the provisions and proeadures herein contained. "2. graffiti attracting surface as a nuisance. The existence of any surface of a structure on any privately owned parcel oR lend which has boon defaced with graffiti after removal more than five (5) times in twelve (12) months Ss hereby doomed to ba a nuisance, and may be abated by the City's requiring modifications thereto, or to the immediate area surrounding acme, acoording to the provisions and procedures set forth in Chapter 8.23 of this Code. Such modifications may include, but ere not limped to: Retrofitting of such surfaces at the expanse of the property owner(s) of said lot, not to exceed a total coat of $500.00, or at the cost of the Clty at the City's option, with such features or qualities as may ba •etebliehs4 by the City ea necessary to reduce the of attraetivaness of the avrfeee for graffiti, or as necessary to permit more convenient, expedient or efficient removal of graffiti therefrom. "C. Right of City to remove. "1. Use of public Lando. Whenever the City becomes aware That graffiti is located on public or private property viowable from a public or quasi-public place within the City, the City shall he authorized in its discretion to use public funds for graffitf removal, or for repainting or A U G- ^_ 5- 4 3 W E D 1 1 2 8 M A R K M g N <l g R C 2 Y N 5 K I P 0 T~ 1 2 repairing of said property. The City shall further ba authorized to require a Responsible Party to agree to reimburse the City for Sts actual costs prior to the expenditure of public funds. This Section shall not authorize graffiti removal on, or the repainting or repairing of property owned by another public entity without prior agreement. "This Sect icn shall not authorize the repainting or repairing of any more extensive area than that where the graffiti is located, unless the City determines that n more extensive area is required to bn repainted or repaired in order to avoid aesthetic disligursment to the neighborhood or community, or unless the Responsible Party agrees to pay for the costs of repainting or repairing the more extensive area. "2. Right of entry on private property. "e. insuring owner consent. Prior eo entering upon private property or property owned by a public entity other than the City, for tine purpose of zsmoval of graffiti, th0 City shall attempt to secure the ooneant of Che Responsible Party, and a release of the City from liability for private or public property demags. ^b. Failure to obtain owner Ooneant. It e Responsible Party fails t0 remove the ottsnding grettiti within the time herein speoitisd, or ii the City shall have requested consent to remove or paint over the ottandinq graffiti and the Responsible Party shall have refused consent !or entry on terms acceptable to the City consistent with the terms of this Section, the City may commence abatement and coat recovery proossdings for the removal of the gretiiti pursuant Eo the provisions of Chapter 8.za of thin Code, which procedures authorise the rsoovery of all costs incurred by the City in abating greLtiti including the recordetioh of a lion as to effected property. "D. Ease of removal provisions. "1. common utility colors and paint-type. "Any gas, telephone, wetar, sewer, Cable, telephone and other utility operating in the City, other than an electric utility, shall paint their above-eurfeca metal fixtures which are installed after the effsotiva date of this Chapter, with a uniform paint typo and color as directed by the city Manager. 41 q U G- 2 B- 9 S W E D 1 3 2 8 M g R K M q N a'~ g R C Z Y N 8 1C I P_09 X12 "2. Conditions on encroachment permits. "Encroachment permits issued by the City may, among other things, be conditioned on (i) the permittee applying an anti-graffiti material to the encroaching object or structure of a type and nature that is acceptable to the City Manager, or his or her designee; (2) the immediate removal by the permittee of any graffiti; (J) the right of the City to remove graffiti or to paint the encroaching object or structure; (a) the permittee providing City with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object or structure containing graffiti. "3. Conditions on discretionary approvals. "In imposing conditions upon conditional use permits, variances, building permits to tt+s e~t8ent permitted by this code, or other similar land uas entitlements or development or design applications, the City may impose graffiti removal zequirsments or any or all of the following conditions, or other similar or related conditions: "a. Use of anti-graftiti material. Applicant shall apply nn anti-graftiti material of a type end nature that is acceptable to thn City Manaqsr, or hi• or her designee, to such of the publicly-vinwabl• surfaces to be constructed on the site Assured by the City Manager, or designee, to bs likely to attraot graffiti (`Graffiti Attracting Surfaces' hersinattsY in this ssotion)t "b. Rigght of access to remove graftiti. Applicant shell grant in writing, the right of entry over and eeees^ to such parcels, upon a8 hours posted notice, by authorized City employees or agents, for the QQurpoas of removing or "painting over" graftiti on Gratliti Attracting Surfaces previously designated by the City Manager, or designee. Such grant shall ba made an express condition of approval and shall be deemed to run with the landr "e. Supply City with graffiti-removal material. Applicant, antl any anQ all suocessore in interest, ahail, fora specified period of years attar approval, provide fns City with sufficient matching paint and/or anti-gra«fiti material on demand for ue• in tho painting over or removal of designs fed Gra if iti Attracting Surfaces; "d, owner to immedieeeiy~remove graffiti. Persons applying for eubaiviaion mops shall, as Dart of any conditions, covanants!and restrictions, covenant, which covenant shall run wi@h the land, in a form satisfactory to the City, that the owners oY the lots shall immediately p U G- Z g_ e 3 W E D 1 1 2 9 M p R K M R N a R R C 2 Y N 5 K I P 0 9~ l Y remove any graffiti placed on publicly viewable trees and structures thereon Co City's satisfaction. "8.24.060 Sewerda. ^A, RewatB Authority. "l. Pursuant to Section 53069.5 of the California Government Code, the City reaervae the right to offer a reward in an amount and ae to such locations as may be set by resolution of the City council, for information leading to the arrest and conviction of any parson for violation, within the City, of California Penal Code Sections 594 or 494.3 by the use of gratf iti, Penal Code Seotions 640, 640.5, 640.6, Or Sections 8.24.090, 8.24.040 or 8.26.050 of this Chapter. Yn the avant of multiple contributions of information, the reword amount shall ba divided by the City in the manner it shall deem appropriate. For the purposes of this Section, diversion of the violakor to a community service program, a plea bargain to a leaser offense, or the sustaining of any juvenile petition Liled pursuant to California welfare end Institutions Coda Sections 602, et sag „ shall constitute a conviction. "2. Claims for rewards under this Ssation shall be fi19d with the CiCy. Each claim ahalli ^a. Speeiiically identity the date, location and kind of property danagaa or destroyed. ^b. Ydentify by name the pardon who was convicted. "c. Identity the court and the ante upon which the conviction occurred. ^7. No claim for a reward shall be allowed by the City Council unless the City inveatigatea and veri[iee the accuracy of the claim and Aeterminas that the requirements of this Section have been satisfied, Onoa the claim ie verified and determinetion is merle, the reward shall be peitl within the City's ordinary course of business. "4. The person committing the grattiti-vandalism, and iP an unemanc ipated minor, then the parent or lawful guardian of said minor, shall be civilly liable fvr any reword paid pursuant to this Section pursuant to the provisions of California Government Code Section 57069.5. 8 `!e7 q U G- 2 3- 9 3 W E D 1 3 3 0 M g R K M q N of g R C 2 Y N S K I P 1 0 i 1 2 "4.24.090 B~DUraement yj cellular phone costs "The City shall reimburse to any person reporting by means of a casuist phone an act of graffiti vandalism presently occurring within the City, the amount of the actual phone charges, exclusive of taxes, incurred by said person. "8.24.300 penaltie• ~ civil liability yj Q~rent•. "A. Criminal penalties. Any violation of this Chapter shall be a misdemeanor punishable by either six (6) months in jell, a 51,000.00 fine, or by such tine and imprisonment, and by the performance of community service including, but not limited to, graffiti clean-up, to the maximum extant permitted by California Penal Code Section 594 and/or any other provision of law. "H. Addltionnl penaltiem available. "Whenever deemed appropriate, it le the Clty~e intent to petition a eentenaing court io impose the following additional penalties upon oonviation: ^3. Litter or graffiti cleanup pursuant to California Vehiol• Code 8eation 42001.7, upon conviction of violation of California Vehicle coda sections 23111, 23112 or 23113(6). ^z. 6uapeneion or delay of issuance of a driver's license puraunnt to Californi6 Vehicls Code 6ection 13202,6 upon n graffiti-vandalism conviction. "3. Pertormnncs of community service, including graffiti removal service by any minor determined to be a ward of the scurf ae a result o! committing a vandalism-related offense in the City of Rancho Cucamonga, as provided in California welfare enA Institutions Code Sections 726 end/or 729.6. "4. Performance of community service, including graffiti removal servics of up to 100 hours by any minor determined to be a ward of the court as a result of committing a drug related offense in the City of Rancho Cucamonga, as provided in California Welfare and Institutions Code Section 729.9. "c. It is the City'• further Intent that puraunnt to California Penal Code section 640.6(6), all acts of R U G- 2~- 9 3 W E D 1 1 3 1 M g R K M q N a"1 g R C 2 Y N S K I P I i ~ i Z graffiti-vandalism occurring within the City shall be prosecuted as misdemeanors pursuant to Cal ifoznia Penal Code Section 594, et seq., or this Chaptaz. "D. Pursuant to California Civil Coda Section 1714.1, any parent or legal guardian whose minor child possewee a grafPlti implement, shall be personally liable for any and all costs to any person or business incurred in eonneation with the removal of graffiti caused by said child, or by said graffiti implement, and for all attorney's tees and court costs incurred in connection with the civil prosecution of any claim for damages or reimbursement, up to $10,000.00." glgy~~ g. Ciy 1 Ba~Qi~ available. A violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated by the City through civil process by mesas of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. ~,ipjiyy Z. lt~ any soclSon, eubseotion, patents, clause, phrase, or portion o! this Ordinanco i^ toz any racoon daemoA or hold to be invalid or unaonetituiional by the deoleion of any court of competent jurisdiction, such decio on shell not affect the validity of the romaininq portion of this Ordinanco. The City Council of the City of Rancho Cucamonga horoby deolarea Ghat it would have adopted eh is Ordinance and sash section, subsection, sentenco, clause, phrase, or portion thereof, irrespective of the fact that any ohs or more sections, subsections, oehtenws, clauses, phrases, or other portions might subsequently be declared invalid or unconstitutional. teotion ~. Tha Mayor shall sign this Ordinance and the City clerk shall cause the same to be publlohod within filteen (15) days otter its passage aC least onto in Sitfl pD,illC HBIZflYG, a newspaper of general circulation published in the City of Ontario, Californle, enfl circulated in Che City oL Rancho Cucamonga, California. 10 '1eJ