HomeMy WebLinkAbout1994/02/16 - Agenda Packet C TY COUNCm
AGENDA
CITY OF RANCHO CUCAMONGA
REGULAR MEETINGS
1st and 3rd Wednesdays - 7:00 p.m,
February 16, 1994
Civic Center
Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, California 91730
City Councilmembers
Dennis L. Stout, Mayor
Charles J. Buquet, Mayor Pro Tern
WiRiam J. Alexander, Councilmember
Rex Gutierrez, Councilmember
Diane Williams, Councilmember
Jack l_~m~ City Manager
James L. Markman, City Attorney
Debra J. Adams, City Clerk
City Office: 989-1851
,~ PAGE
~ City Council Agenda
February 16, 1994 1
All items submitted for the City 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 City Clerk's
Office receives all such items.
1. Roll Call: Buquet , Alexander , Stout
Williams , and Gutierrez
B. ANNOUNCEMENTS/PRE~;ENTATI(;)N~
1. Presentation of Proclamation to Lt. Mike Ingrain for his service to
the people of Rancho Cucamonga.
C. COMMUNICATIONS FROM THE PUBLIC
This is the time and place for the general public to address
)the City Council. State law prohibits the City Council from
addressing any issue not previously included on the Agenda.
The City Council may receive testimony and set the matter
for a subsequent meeting. Comments are to be limited to five
minutes per individual.
D. CONSENT CALENDAR
The following Consent Calendar items are expected to be
routine and non-controversial. They will be acted upon by
the Council at one time without discussion. Any item may be
removed by a Councilmember or member of the audience for
discussion.
1. Approval Of Minutes: Januan/19, 1994
February 2, 1994
2. Approval of Warrants, Register Nos. 1/26/94 and 2/2/94; and 1
Payroll ending 1/13/94 and 1/27/94 for the total amount of
S6D22,189.63.
3. Approval to receive and file current Investment Schedule as of 7
jj January 31, 1994.
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City Council Agenda
! February 16, 1994 2
4. Alcoholic Beverage Application for Off-Sole General for Foocl 4 13
Less #328, Food 4 Less of Cafifornia, Incorporated, southwest
corner of Foothill Boulevard and Etiwanda Avenue.
5. Alcoholic Beverage Application for Off-Sale General Off-Sale 15
Beer & Wine for Pay Less Drug Stores, Pay Less Drug Stores
Northwest Incorporated, 6401 Haven Avenue.
6. Alcoholic Beverage Application for Off-Sale General Conditional 18
#1 for ArrOw Plaza Market. Suket Daval, Daksha M., Maresh M.,
Mukesh M., and Nayana H. Patel, 9755 Arrow Highway Units A, B &
C.
7. Approval to authorize the advertising of the 'Notice Inviting Bids' Z0
for the Calaveras Avenue Street Improvement Project. Ninth Street
to Chaffee Street Alley. to be funded from CDBG Funds, Account
No. 28-4333-9331.
RESOLUTION NO. 94-CT23 21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
I RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PLANS AND SPECIFICATIONS FOR THE CALAVERAS
AVENUE STREET IMPROVEMENT PROJECT, NINTH
STREET TO CHAFFEE STREET ALLEY," IN SAID CITY
AND AUTHORIZING AND DIRECTING THE CITY CLERK
TO ADVERTISE TQ RECEIVE BIDS
8. Approval to authorize the advertising of the 'NotiCe Inviting Bids" 26
for the 1993/94 Fiscal Year Street Rehabilitation Program at Various
Locations, to be funded from Systems Development, Account
No. 22-4637-9313, 22-4637-9311 and Prop. 111 - Gas Tax Account No.
10-4637-9113.
RESOLUTION NO. 94-024 28
A RESOLUTION OF THE CITY COUNCIL OF THE CIIY OF
RANCHO CUCAMONGA. CALIFORNIA, APPROVING
PLANS AND SPECIFICATIONS FOR THE "1993/94
FISCAL YEAR STREET REHABILITATION PROGRAM AT
VARIOUS LOCATIONS IMPROVEMENT PROJECT,
WHICH INCLUDES HOT ASPHALT RUBBER OVERLAY,
CAPE SEAL AND SLURRY SEAL', IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS
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City Council Agenda
February 16, 1994 3
9. Approvel to oppropriote S425.327.00 from Deferred Revenue 32
Account No. 22-236 and expend it in Systems Development Fund
Account Numbers 22-4637-9206 (S96,109.00) and 22-4637-9205
($329,21800), for the construction of the Rochester Avenue end
Benyen Street Improvement Project located north of Highlend
Avenue.
10. Approval of Resolutions euthorizing Issuance of Bonds. approving 33
Form of Bond Indenture, Bond Purchese Agreement end
Preliminery Officiel Stetement, end specifying conditions for the
prepoyment of specicI taxes for Community Fecilities District 93-3
(FOOthill Marketplace).
RESOLUTION NO. 94-025 35
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA. AUTHORIZING
ISSUANCE OF BONDS, APPROVING FORM OF BOND
INDENTURE, BOND PURCHASE AGREEMENT AND
PRELIMINARY OFFICIAL STATEMENT FOR
COMMUNITY FACILITIES DISTRICT 93-3 (FOOTHILL
MARKETPLACE)
RESOLUTION NO. 94-026 38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, SPECIFYING
CONDITIONS FOR THE PREPAYMENT OF SPECIAL
TAXES WITHIN COMMUNITY FACIUTIES DISTRICT 93-3
(FOOTHILL MARKETPLACE)
I ~. Approval of the Park and Recreation Commission's 4].
recommendations relating to the Commission Advisory
Committees.
12. Approval of a resolution incorporating the Programmer personnel 45
classification and salary benefit and amending the Library
Services Budget for Fiscal Year 1993/94.
RESOLUTION NO. 93-124B 46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING
RESOLUTION NO. 93-142A TO INCORPORATE
PERSONNEL CLASSIFICATIONS AND SALARY AND
BENEFITS FOR LIBRARY SERVICES POSITIONS FOR
FISCAL YEAR 1993/94
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City Council Agenda
February 16, 1994 4
13. Approval to amend the Community Development Block Grant 47
Final Statement of Community Development Objectives and
Projected use of funds for the 1993/94 Program Year which will
allow the transfer Of S29,40000, originally designated for a
contingency account, to the Home Improvement Program.
14. Approval to execute Mills Agreement 93-03 - Robert and Barbara 62
Yellen for the restoration of the Goerlif-z House, a designated local
landmark, located at 6156 Heftman. RQncho Cucamonga, CA -
APN: 1G52-381-08.
15. Approval to execute Mills Agreement 93-04 - Roy and Mind 63
LaParry for the restoration of the Albert House, a designated local
landmark, located at 10323 19th Street, Rancho Cucamonga, CA -
APN: 202-201-54.
16. Approval to execute a Release of Real Property Improvement 64
Contract and Lien Agreement releasing 8575 Bella Vista Road.
located on the south side of Bella Vista Road, west Of Carnelian
Street, submitted by Edward C. and Roxana M. Cordoza.
RESOLUTION NO. 94-027 65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RELEASING A
REAL PROPERTY IMPROVEMENT CONTRACT AND
LIEN AGREEMENT FROM 8575 BELLA VISTA ROAD
17. ApprOval tO execute a Grant of Easement for Storm Drain 67
Purposes from Southern California Edison to the City of Rancho
Cucamonga and authorization for the City Engineer to execute
the same for a storm drain required of the Adult Spods Park
Expanded Parking Lot Project.
18. Approval Of Map, Summary Vacation of excess street right-of- 69
way at the southeast comer of Spruce Avenue and Church Street
and Ordering the Annexation to Landscape Maintenance Disfdct
Nos. 4 and Street Lighting Maintenance District Nos. 1 and 4 for
Parcel Map 14331. located at the northeast corner of Spruce
Avenue and Foothill Boulevard, submitted by Lewis Homes.
RESOLUTION NO. 94-028 71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PARCEL MAP 14331
February 16, 1994 5
RESOLUTION NO. 94-029 72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA. CALIFORNIA, SUMMARILY
ORDERING THE VACATION OF EXCESS STREET RIGHT-
OF-WAY AT THE SOUTHEAST CORNER OF SPRUCE
AVENUE AND CHURCH STREET
RESOLUTION NO. 94-030 76
A RESOLUTION OF THE CITY COUNCJL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING
THE ANNEXATION OF CERTAIN TERRITORY TO
LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND
STREET LIGHTING MAINTENANCE DISTRICT NOS. ]
AND 4 FOR PARCEL MAP ]433]
]Q. Approval to reject all proposals received for the resurfacing of 79
Trcffic/Bearing Deck/Parking Structure os non-responsive.
(Continued from February 2, 1994)
20. Approval to execute o Maintenance Easement Agreement (CO 82
94-012) with Cucamonga County Water District for the
maintenance of a water line fo be contained in the Sports
Complex Parking Lot Expansion Project.
2]. Approval fo execute an agreement (CO 94-0]3) with claimants 84
associated with Community Facilities District 88-2 regarding the
sale of bonds and disbursement of funds.
22. ApprOval to execute a Professional Services Agreement (CO <)4- 86
0]4) with Len Perdue and Associates fo perform appraisal
services for Community Facilities District 88-2. Contract amount not
to exceed $ ] 0,000.00, to be funded from Account NO. 76-4 ] 306028.
23. Approval to execute a Professional Services Agreement (CO 94- 87
015) with Empire Economics to conduct a Market Absorption Study
of Community Facilities District 88-2. Contract not to exceed
S5,000.00, to be funded from Account NO. 76-4130-6028.
24. Approval to execute Improvement Agreement, Improvement 88
Security and Monumentorion Cash Deposit for Tract 13703,
located on the west side of Haven Avenue, north of Banyan
Street, submitted by Sheffield-Alto Lama 55, Ltd., a California
Limited Partnership, and release of previously submitted
Improvement Agreement, Improvement Security and
Monumentorion Cash Deposit accepted by City Council on
February 20, 1991, from Kajima Oevelopment Corporation.
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I City Council Agenda
February 16, 1994 6
RESOLUllON NO. 94-D31 91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA. CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT. IMPROVEMENT
SECURITY. AND MONUMENTATION CASH DEPOSIT
FOR TRACT NO. 13703 AND RELEASING THE
IMPROVEMENT AGREEMENT, IMPROVEMENT
SECURITY AND MONUMENTATION CASH DEPOSIT
PREVIOUSLY ACCEPTED BY CITY COUNCIL ON
FEBRUARY :20, 1991
25. Approval to execute Improvement Agreement Extension for 92
Tract 13759. located on the west side of Haven Avenue, south of
Victoria Street, submit-i'ed by Fu Mai Limited.
RESOLUTION NO. 94-D32 94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA. APPROVING
IMPROVEMENT AGREEMENT EXTENSION AND
IMPROVEMENT SECURITY FOR TRACT 13759
26. Approval to accept Landscape Improvements. Release of 95
Bonds and Notice of Completion for Tract 13351 - Terra Vista
Parkway Medians, located on Terra Vista Parkway west of Millikan
Avenue.
Release: Faithful Performance Bond S 51Z~0.00
Accept: Maintenance Guarantee Bond 5,160.00
RESOLUTION NO. 94-033 96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS FOR TRACT 13351 -
TERRA VISTA PARKWAY MEDIANS AND
AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
27. Approval fo accept Improvements, Release of Bonds and Notice 97
of Completion for Tract 13886/Parcel Map 11394 located on the
northwest COrner Of Base Line Road and Etiwanda Avenue.
Release: Faithful Performance Bond (Public St.) S485j3130.00
Release: Faithful Performance Bond (Private St.)
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February 16, 1994 7
RESOLUTION NO. 94-034 99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA. CALIFORNIA, ACCEPTING
THE MA~N LINE STORM DRAIN PUBLIC
IMPROVEMENTS FOR PARCEL MAP 11394/TRACT
13886 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
28. Approval to accept Improvements, Release of Bonds and NotiCe 100
of Completion for Tract 14192-1, located on the east side of
HelPman Avenue south of 19th Street.
Release:
Previously Reduced Faithful Performance Bond $ 75,~0.00
Accept:
Maintenance Guarantee Bond 75.<X:]0.00
RESOLUTION NO. 94-035 10].
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA. CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVE MENTS FOR TRACT 14192-1 AND
AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
E. CONSENT ORDINANCE.~
The following Ordinances have had public hearings at the time
of first reading. Second readings are expected to be routine
and non-controversial. They will be acted upon by the
Council at one time without discussion. The City Clerk will
read the title. Any item can be removed for discussion.
1. CONSIDERATION TO ESTABLISH A SPEED LIMIT OF 35 MPH ON LARK
DRIVE FF, hOM KENYON WAY TO ROCHESTER AVENUE: A SPEED LIMIT
OF 45 MPH ON'HAVEN AVENUE FROM WILSON AVENUE TO HILLSIDF
ROAD AND SUMMIT AVENUE FROM ETIWANDA AVENUE TO EA~;T
ORDINANCE NO. 519 (second reading) 1_02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA. AMENDING
SECTION 10.20.020 OF THE RANCHO CUCAMONGA
CITY CODE REGARDING PRIMA FACIE SPEED LIMITS
ON CERTAIN CITY STREETS
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City Council Agenda
February 16, 1994 8
F. ADVERTISED PUBLIC HEARINGS
The following items have been advertised and/or posted as
public hearings as required by law. The Chair will open the
meeting to receive public testimony.
No Items Submitted.
G. PUBLIC HEARINGS
The following items have no legal publication or posting
requirements. The Chair will open the meeting to receive
public testimony.
1. CONSIDERATION OF AN ORDINANCE TO ESTABLISH A PUBLIC, 107
MUNICIPAL LIBRARY IN AND FOR THE CITY OF RANCHO
CUCAMONGA
ORDINANCE NO. 520 (first reading) 108
AN ORDINANCE OF THE Cll~ COUNCIL OF THE CITY Of
RANCHO CUCAMONGA, CALIFORNIA. ESTABUSHING
A PUBLIC MUNICIPAL LIBRARY IN AND FOR THE CITY
OF RANCHO CUCAMONGA
H. CITY MANAGER'S ~;TAFF REPORTS
The following items do not legally require any public
testimony, although the Chair may open the meeting for
public input.
I. CONSIDERATION OF THE FINANCING PLAN FOR THF 110
REDEVELOPMENT AGENCV'S 1993/94 PAYMENT TO THF
EDUCATIONAL REVENUE AUGMENTATION FUND, AS REQUIRED BY
THE STATE BUDGET DEFICIT REDUCTION ACT
2. CONSIDERATION OF A POLICY REGARDING GIFTS AND GRATUITIES
F R TY
3. CONSIDERATION OF SEI'rLEMENT AGREEMENT {'CO 94-016) ON
BOOKING FEES AND ADOPTION OF THE AMENDED LAW 115
ENFORCEMENT CONTRACT (CO 94-017~ WITH SAN BERNARDIN(')
COUNTY
) city couno. Agen.a
February 16, 1994 9
I. COUNCIL BUSINESS
The following items have been requested by the City Council
for discussion. They are not public hearing items, although
the Chair may open the meeting for public input.
No Items Submitted.
J. IDENTIFICATION OF ITEMS FOR NEXT MEETIN~
This is the time for City Council to identify the items they
wish to discuss at the next meeting. These items will not be
discussed at this meeting, only identified for the next
meeting.
K. COMMUNICATIONS FROM THE PUBLIC,
This is the time and place for the general public to address
the City Council. State law prohibits the City Council from
addressing any issue not previously included on the Agenda.
The City Council may receive testimony and set the matter
for a subsequent meeting. Comments are to be limited to five
minutes per individual.
L. D RNMENT
I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, hereby
certify that a true, accurate COpy of the foregoing agenda was posted on
February 10, 1994, seventy-two (72) hours prior to the meeting per
Government Code 54953 at 10500 Civic Center Drive.
January 19, 1994
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Rck, ular Meeting
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 19, 1994, in the
Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The
meeting was called ID order at 7:15 p.m. by Mayor Dennis L. Stout
Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Rex Gutierrez, Diane Willlares, and
Mayor Dennis L. Stout.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopmerit
Manager; Olen Jones, St. RDA Analyst; Rick Gomez, Community Development Director; Brad Buller, City
Planner; Joe O'Neil, City Engineer; Mike Olivier, St. Civil Engineer; Bill Makshanoff, Building Official; Suzanne
Ota, Community Services Manager; Robert Dominguez, Administrative Services Director; Duane Baker, Assistant
to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis
Michael, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Department;
and Debra J. Adams, City Clerk.
B. ANNOUNCEMENTS/PRESENTATIONS
B 1. Jack Lam, City Manager, stated that Item D9 should be removed from the agenda and that it will come beck
to the Council at a later date.
B2. Mayor Stout stated he would like D5 placed under Council Business so that it can be discussed.
C. COMMUNICATIONS FROM THE PUBLIC
C 1. Jackje Bolda, ML Gunnison Court, commented on how the Police and Fire Departments came through her
neighborhood during Christmas along with Santa Claus and how wonderful she thought the program was.
She also thanked the City Council for the meeting that was held at Caryn School last night regarding
policing in their neighborhood.
C2. John Cermak, 12505 Bougainvillea Way, stated he has noticed a large increase in crime and felt there was
not an increase in police protection. He felt more sworn police personnel was needed.
Mayor Stout commented that the City has increased its police protection by over 10% this year.
City Council Minutes
January 19, 1994
Page 2
Councilmember Buquet stated that the City will get $179,000.00 from Proposition 172. He added Proposition 172
was not set up to do what people were led to think it would do.
Councilmember Gutierrez stated he and the rest of the Council are concerned about crime in the City and that they
are working on this problem.
C3. Debm Robb, 12581 Pitache St., commented that her car was stolen and her home broken into.
Councilmember Buquet suggested that she set up a neighborhood watch in her neighborhood.
D, CONSENT CALENDAR
D I. Approval of Minutes: January 5, 1994
D2. Approval of Warrants, Register Nos. 12/29/93 and 1/5/94; and Payroll ending 12/16/93 for the total
amount of $1,882,716.07.
D3. Approval to receive and file current Investment Schedule as of December 31, 1993.
D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Hellman Avenue at Ninth Su~et
Improvement Project, to be funded from Street Rehabilitation, Account No. 09-4637-9304.
RESOLUTION NO. 94-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
THE "HELLMAN AVENUE AT NINTH STREET IMPROVEMENTS" IN SAID CITY
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS
DS. Approval of the Design of the City Seal for the City of Rancho Cucamonga. ITEM MOVED TO
COUNCIL BUSINESS.
D6. Approval to extend Comcast Cable T.V. franchise.
RESOLUTION NO. 91-012-0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCI--IO
CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO
FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOR 90 DAYS LIPON
EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO
CUCAMONGA
D7. Approval to appropriate and expend $30,000 for the installation of a Touch Pad Lighting Conu'ol System at
Red Hill and Heritage Community Parks, to be funded from Account No. 90-4637-9222.
D8. Approval of a Resolution allowing the issuance by the Marks Group, Incorporated, of $30 million of equity
capital to Institutional Investors.
City Council Minutes
January 19, 1994
Page 3
RESOLUTION NO. 94-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE ISSUANCE BY THE MARKS
GROUP, INCORPORATED OF $30 MILLION OF EQUITY CAPITAL TO
INSTITUTIONAL INVESTORS
P~,..r:~c~. ITEM REMOVED FROM AGENDA.
D10. Approval to awm'd and authorization for execution of contract (CO 94-007) for Vinmar Avenue from Ninth
Street to Charfee Street Alley Improvement Project to IPS Services, Incorporated, for the amount of $85,897.00
($78,088.39 plus 10% contingency), to be funded from CDBG Account No. 28-4333-9329.
D11. Approval to award and authorization for execution of contract (CO 94-008) for Traffic Signals and Safety
Lighting at the intersection of Haven Avenue and Banyan Street to 1PS Services, Incorporated, for the amount of
$202,083.00 (S183,712.20 plus 10% contingency), to be funded from TDA Article 8, Account No. 12-4637-9204.
DI 2. Approval to renew and execute Facility Use Agreement (CO 93-023) between Charley Community College
and the City for Recreational Uses in the amount of $25,000.00 to cover maintenance and operations expenses.
D13. Approval to execute Improvement Agreement Extension for Tract 13717, located on the northeast comer of
Church Street and Spruce Avenue, submitted by Lewis Homes.
RESOLUTION NO. 94-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13717
DI4. Approval to execute Improvement Agreement Extension for Tract 14192-1, located on the east side of
Hellman Avenue south of 19th Street, submitted by Hix Development.
RESOLUTION NO. 94-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14192-1
D]5. Approval to execute Improvement Agreement Extension for Tracts 14379 and 14380, located on the
northwest comer of Etiwanda Avenue and 24th Street, submitted by Watt Homes.
RESOLUTION NO. 94-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACTS 14379 AND 14380
City CouncilMinutes
January19,1994
Page 4
D16. Approval to accept the Required Street Improvements for Parcel Map 12959-1 which have been completed
in an acceptable manner, accept the Maintenance Guarantee Bond in the amount of $134,000.00, authorize the City
Engineer to file a Notice of Completion, and authorize the City Clerk to release the Faithful Performance Bond in
the amount of $1,340,064.00.
RESOLUTION NO. 94-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
PARCEL MAP 12959-1 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
D17. Approval to accept the Required Improvements for the Jersey Boulevard Railroad Crossing which have been
completed in an acceptable manner, authorize the City Engineer to file a Notice of Completion, and authorize the
City Clerk to release the Faithful Performance Cash Security in the amount of $50,000.00.
RESOLUTION NO. 94-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
THE JERSEY BOULEVARD RAILROAD CROSSING AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
DIS. Approval to release Maintenance Guarantee Bond for Milliken Avenue-Banyan Street Landscaping and
Storm Drain Improvements associated with Tracts 13748, 13857 and 13858 located at the southwest comer of
Milliken Avenue and Banyan Street.
D19. Approval to accept the Milliken Avenue Bike Route and Base Line Road Bike Lane, Phase 1, Contract No.
CO 93-029, as Complete, Relain Bond and authorize the City Engineer to file a "Notice of Completion" and approve
the final contract amount of $17,624.36.
RESOLUTION NO. 94-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
M1LLIKEN AVENUE BIKE ROUTE AND BASE LINE ROAD BIKE LANE, PHASE
1, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
D20. Approval to accept the Resurfacing of Equestrian Rinks at Heritage Community Park, Contract No. CO 93-
042, as Complete, Retain Bond and authorize the City Engineer to file a "Notice of Completion" and approve the
final contract amount of $54,543.35.
RESOLUTION NO. 94-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
RESURFACING OF EQUESTRIAN RINKS AT HERITAGE COMMUNITY PARK
AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORK
City Council Minutes
January 19, 1994
Page 5
D21. Approval to accept the contract for Asphalt Overlay on Helms Avenue, Lucas Ranch Road, and Santa Anita
Avenue, Contract No. CO 93-053, as Complete, Retain Bond and authorize the City Engineer to file a "Notice of
Completion" and approve the final contract amount of $93,979.40.
RESOLUTION NO. 94-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
CONTRACT FOR ASPHALT OVERLAY ON HELMS AVENUE, LUCAS RANCH
ROAD, AND SANTA ANITA AVENUE, AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
MOTION: Moved by Alexander, seconded by Gutierrez to approve the staff recommendations in the staft reports
contained in the Consent Calendar with the exception of Items D5 and D9. Motion carried unanimously, 5-0.
E. CONSENT ORDINANCES
No items were submitted.
F. ADVERTISED PUBLIC HEARINGS
F1. CONSIDERATION TO ESTABLISH AN UNDERGROUND UTILITY DISTRICT NO. 94-01. ALONG
ROCHESTER AVENUE FROM FOOTHILL BOULEVARD TO ARROW ROUTE. USING RULE 20A FUND,q
Staff report presented by Mike Olivier, St. Civil Engineer.
Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed.
RESOLUTION NO. 94-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, FORMING UNDERGROUND UTILITY DISTRICT
NO. 94-01, ALONG ROCHESTER AVENUE FROM FOOTHILL BOULEVARD TO
ARROW ROUTE
MOTION: Moved by Buquet, seconded by Willjams to approve Resolution No. 94-016. Motion carried
unanimously, 5-0.
G. PUBLIC HEARINGS
No items were submitted.
City Council Minutes
January 19, 1994
Page 6
H, CITY MANAGER'S STAFF REPORTS
HI. CONSIDERATION TO FORM YOUTH ACCOUNTABILITY BOARD Staff report presented by Jack
Lain, City Manager. He continued to introduce Cynthia Fusey, Probation Officer with the County of San
Cynthia Fusey presented further explanation on how the program worked and felt it would help the
residents of Rancho Cucamonga.
Mayor Stout opened the meeting for public input. There being no comments made, public input was closed.
Mayor Stout stated he and Councilmember Buquet felt this was a good program and felt it should be tried by Rancho
Cucamonga.
Councilmember Buquet agreed.
Mayor Stout suggested the Public Safety Subcommittee oversee this program.
MOTION: Moved by Buquet, seconded by Stout to approve the formation of a Youth Accountability Board.
Motion carried unanimously, 5-0.
H2. CONSIDERATION TO ADOPT A RESOLUTION TO REGULATE BASIC TIER CABLE RATES AND
RELATED EOUIPMENT COSTS AS ALLOWED BY THE CABLE TELEVISION CONSUMER PROTECTION
AND COMPETITION ACT OF 1992 (Continued from October 20, 1993) Staff report presented by Susan
Mickey, Management Analyst I. She stated Michael Friedman, the City's cable consultant, was also present to
answer any questions.
Mayor Stout opened the meeting for public comment. Addressing the City Council were:
Bill Marks, Sr., chairman of the Marks Group, stated it would ruin his deal of purchasing Simmons Cable
TV if the City regulated cable at this time. He stated they have given the City their word not to raise their
rates to the benchmark level.
Councilmember Gutierrez asked what the delay was in closing this deal.
Mr. Marks stated the financing community questioned his deal and he had to convince them that Rancho
Cucamonga was a growing community. He stated that environmental impacts also had to be checked by
the bank. He hoped it would close Monday or Tuesday.
James Markman, City Attorney, stated the bank knows that the Council can regulate any time and questioned why
the bank would make a decision to finance him or not based upon whether the Council approves this Resolution
tonight.
Mr. Marks asked that the Council not approve the Resolution, and that the bank did not want to close the
deal until they knew if the Council would regulate or noL
Michael Friedman, City's Cable Consultant, stated it is his recommendation for any City to regulate and
felt Rancho Cucamonga should do this.
City Council Minutes
January 19, 1994
Page 7
Councilmember Gutierrez asked what would happen if this is continued for one more month.
Michael Friedman stated on February 15, rate freeze expires and the cable companies can raise their rates at
this time.
Councilmember Buquet felt if the City Council could have some kind of assurance that the cable companies will
not lessen service to the customers, he is not in favor of regulating.
RESOLUTION NO. 93-189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING PROCEDURES PERMITTING THE
REGULATION OF CABLE TELEVISION RATES FOR BASIC SERVICE AND
RELATED EQUIPMENT
MOTION: Moved by Stout, seconded by Alexander not to regulate. Motion carried unanimously, 5-0. Resolution
No. 93-189 not approved.
H3. CONSIDERATION TO APPROVE A JOINT EXERCISE OF POWERS AGREEMENT (CO 94-009}
WITH THE COUNTY OF SAN BERNARDINO. THE CITIES OF CLAREMONT. FONTANA. LA VERNE.
RIALTO, SAN BERNARDINQ AND UPLAND FOR THE ADMINISTRATION OF A CONSOLIDATED
PROGRAM OF DESIGN AND MAINTENANCE OF THE ROUTE 30 FREEWAY CORRIDOR BETWEEN LA
VERNE AND SAN BERNARDINO Staff report presented by Brad Buller, City Planner.
RESOLUTION NO. 94-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE JOINT EXERCISE OF POWERS
AGREEMENT FOR THE ADMINISTRATION OF A CONSOLIDATED PROGRAM
OF DESIGN AND MAINTENANCE OF THE ROUTE 30 FREEWAY CORRIDOR
BETWEEN LA VERNE AND SAN BERNARDINO
MOTION: Moved by Williams, seconded by Buquet to approve Resolution No. 94-017. Motion carried
unanimously, 5-0.
I. COUNCIL BUSINESS
II. REOUEST BY RANCHO CUCAMONGA OUAKES BASEBALL CLUB TO PRESENT PLANS FOR
EXPANSION OF STADIUM (Continued from December 15, 1993) Staff report presented by Rick
Gomez, Community Development Director.
Mayor Stout opened the meeting for public hearing. Addressing the City Council were:
John LeCompte, Quakes Baseball Club, informed the Council about the discussion that took place at the
last meeting with the main topic of discussion being the cross aisle.
City CouncilMinutes
January19,1994
Page 8
Councilmember Gutierrez asked how much money would be lost if the cross aisle was not put in.
Hank Stickhey, Quakes Baseball Club, stated about $50,000.00 per year would be lost if the cross aisle
modification is not installed.
Councilmember Alexander stated he went to the stadium and felt the cross aisle should remain as is. He felt it was
extremely important to have it.
Mayor Stout stated he did not think the cross aisle modification should be approvod. He stated the City does not
have enough parking for more than 6,500 seat holders anyway. He silted he is not in favor of removing the cross
aisle.
Councilmember Gutierrez silted he would go along with modifying the cross aisle if everyone wanted to do that.
Councilmember Willjams stated she still felt the cross aisle should remain as is.
Mayor Stout felt the City should get a letter from Major League Baseball to say if the additional seats can be added
down in the front around home plate. He did not want the stadium to be called substandard.
Terry Miller, Architect, stated the Council would not get a letter telling them it is okay, but that the City
should tell them this is what we are doing and to let us know if they have any objections.
James Markman, City Attomey, stated in the original lease the City had a condition that the team obtain approval,
and that if there is an expansion agreement, it wilt have the same condition.
Hank Stickhey, Quakes Baseball Club, stated that if the three rows are not put in front, you cannot move
the dugouts forward and you really have no expansion behind home plate. He silted that would be a net
decrease behind home plate. He stated if Major League Baseball has a problem with it, they will move
home plate if they have to.
The Council voted as follows on the following issues:
Cross aisle to be left as is - approved 3-2 (Buquet, Gutierrez voted no)
Bleacher expansion - approved 5-0
Other modifications (includes dugout and additional three rows) - approved 4-1 (Stout voted no)
Tower building on third base side was not decided at this meeting.
I2. CONSIDERATION OF THE DESIGN OF THE CITY SEAL FOR THE CITY OF RANCHO
CUCAMONGA
Mayor Stout felt it was time for the City to get a seal and that he and Councilmember Williams worked on this
matter. He continued to explain what the seal represents. He silted after receiving comments from the public after it
was printed in the newspaper, it was suggested that citrus be incorporated into the design.
Councilmember Williams stated the seal was meant to show what the City was then and is now. She continued to
explain what the design of the seal represents.
Councilmember Alexander felt this should be held off for approval until the public can give their input as to the
design.
City Council Minutes
January 19, 1994
Page 9
Councilmember Buquet stated this has been worked on for a long time and he felt the Council should move forward
and determine any changes that need m be made.
Councilmember Gutierrez stated he would like to hear what the people say.
Mayor Stout opened the meeting for public comments. Addressing the Council were:
Larry Smith stated he felt a Route 66 sign should be included in the design.
Bob Lundy stated they are committed to Route 66. He reported on the hand out that was distributed
regarding Route 66 being made part of the seal. He felt what the City develops and what Route 66 uses
should be compatible. He felt Heritage from the east portion of the City should also be incorporated into
the seal.
Councilmember Buquet felt signs could be developed to route people to his business rather than redo the seal to
advertise for them.
Mayor Stout stated he did not think the seal should be something to help people find Mr. Lundy's business.
Harry Ledig, former citrus grower of Rancho Cucamonga, suggested that possibly the three communities
should be identified on the seal somehow.
Mayor Stout thanked Mrs. Ledig for her comments made by telephone today and felt it was a good idea,
Mrs. Ledig stated she did not agree with the palm trees and felt they should be citrus trees instead.
Don Showalter, 7508 Cerrito Rojo, stated he was unhappy when there was no citrus on the seal, but that
now he is satisfied with the design.
There being no further input, public comments were closed.
RESOLUTION NO. 94-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING AN OFFICIAL CITY SEAL AND CITY
MOTTO
MOTION: Moved by Stout, seconded by Buquet to approve Resolution No. 94-018 and the design of the seal as
resubmitted. Motion carried 4-1 (Alexander voted no).
.l. IDENTIFICATION OF ITEM~ FOR NEXT MEETING
J 1. Councilmember Willjams felt the Library should be named at the next meeting.
J2. James Markman, City Attorney, stated the Council may want to put an item on the agenda, prior to April
1, to get informed about the new Brown Act requirements.
Mayor Stout asked Jack Lain to put this on the agenda at the appropriate time.
City Council Minutes
January 19, 1994
Page 10
J3. Mayor Stout felt the signal timing should be discussed to see if they can work better.
Councilmember Buquet stated he agreed and felt because of the way they are timed now, it causes people to drive
unsafely to get through an intersection.
K. COMMUNICATIONS FROM THE PUBLIC
KI. Mike Dubbs, 6869 Vetado, requested that Route 30 be on the agenda on a monthly basis so that the public
can give their input on this. He asked that staff on a bi-monthly basis, through notification, place this on
the agenda so the public can come to the meeting and get updated and hear what is going on and give input.
K2. Wendy Vallette, 11116 Amarillo, stated the public would like to give input on the Route 30 design. She
stated A.C.T.I.V.E. Bulletin is active again and that the City can use this if they wish to.
Mayor Stout suggested Jack Lam come back with a recommendation as to how to deal with those suggestions made
by the public. He stated he felt some of the suggestions were good and he agreed with them.
Councilmember Buquet stated this project is a long way from starting.
Mayor Stout stated he would still like a timeframe on this projecL
Councilmember Buquet stated he understands, but stated it is a long way off.
Mayor Stout stated he would like a report as to where things are with this project.
Wendy Vallette stated the residents would like to be involved and give their input.
RN
MOTION: Moved by Willjams, seconded by Buquet to adjourn to Executive Session to discuss personnel matters
and property negotiations regarding the Stadium expansion with Valley Baseball. Motion can-led unanimously, 5-0.
The meeting adjourned at 9:56 p.m.
Respectfully submitted,
Debra J. Adams, CMC
City Clerk
Approved:
February 2, 1994
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meeting
A. CALL TO ORDER
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, February 2, 1994, in the
Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The
meeting was called to order at 7:06 p.m. by Mayor Dennis L. StouL
Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Rex Gutierrez, Diane Willlares, and
Mayor Dennis L. Stout.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry B. Fulwood, Deputy City
Manager; Linda D. Daniels, Redevelopment Manager; Paul Rougeau, Traffic Engineer; Suzanne Oha, Community
Services Manager; Robert Dominguez, Administrative Services Director; Duane Baker, Assistant to the City
Manager; Diane O'Neal, Management Analyst It; Susan Mickey, Management Analyst I; Jan Sutton, Deputy City
Clerk; Donna Kendrena, Secretary, Shirr'l Griffin, Records Clerk; Chief Dennis Michael, Rancho Cucamonga Fire
Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Deparunent; and Debra J. Adams, City Clerk.
B. ANNOUNCEMENTS/pRESENTATION~
B1. Presentation of Proclamation to Brandon Smith congratulating him on his Gold Medal in an International
Olympic Art Contest.
Mayor Stout presented the proclamation to Brandon Smith.
C. COMMUNICATIONS FROM THE PUBLIC
C 1. Martin Jackson, 8607 Comet Street, stated he does not feel he can live in his house any longer because he
is continually being burglarized. He asked if the Council can help him resolve this problem.
Mayor Stout suggested Mr. Jackson meet with Duane Baker who could help him with his situation.
D. CONSENT CALENDAR
DI. Approval of Warrants, Register Nos. 1/12/94 and 1/19/94; and Payroll ending 12/30/93 for the total
amount of $4,971,946.51.
City CouncilMinutes
February2, 1994
Page 2
D2. Approval of Personnel Rules and Regulations. ITEM REMOVED FOR DISCUSSION BY
MAYOR STOUT.
D3. Approval to expend not more than $4,500.00 of Asset Seizure Expenditure Funds for Camera Equipment.
D4. Approval to award and authorization for execution of contract (CO 9~· ~'D'D~9 94-011) for resuffacing of Traffic
Bearing Deck/Parking Structure Improvement Project, located at 10500 Civic Center Drive, to be funded from RDA
Account No. 17-15000. ITEM PULLED FOR DISCUSSION.
D5. Approval to award and authorization to execute contract (CO 94-010) for Sapphire Street Storm Drain and
Street Improvement, Banyan Street to Moon Court; Carnelian Street Ramps for disabled persons, Base Line Road to
Nineteenth Street; and Base Line Road Improvements, east of Victoria Park Lane, to Kershaw Construction
Company, Incorporated, for the amount of $77,851.00 ($70,744.00 plus 10% contingency), to be funded from
Proposition 111 Account No. 10-4637-9307 ($57,688.00); TDA Article 3 Account No. 16-4637-9106 ($11,880.00)
and Gas Tax Account No. 09-4637-9302 (S8,283.00).
P^,,rtr:.c~. ITEM REMOVED FROM AGENDA.
D7. Approval to accept Improvements, Reduction of Bonds and Extension of Improvement Agreement for Tract
12671-1 thru -4, located on the northwest coraer of Milliken Avenue and Mountain View Drive.
RESOLUTION NO. 94-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING CERTAIN IMPROVEMENTS WITHIN
TRACT 12671-1 THRU .4 WHICH INCLUDE THE INTERIOR TRACT STREETS,
SIDEWALK AND PARKWAY IMPROVEMENTS AND THE LANDSCAPING; THE
REDUCTION OF THE PERFORMANCE BOND FOR THE INCOMPLETE
IMPROVEMENTS, WHICH INCLUDE MOUNTAIN VIEW DRIVE, TO AN
AMOUNT EQUAL TO 10% OF THE ORIGINAL AMOUNTS; THE APPROVAL OF
AN EXTENSION TO THE IMPROVEMENT AGREEMENT FOR A TIME PERIOD
OF TWO YEARS FROM THE DATE OF THIS APPROVAL
D8. Approval to accept Improvements, Reduction of Bonds and Extension of Improvement Agreement for Tract
13303, located on the southeast coraer of Tetra Vista Parkway and Mountain View Drive.
RESOLUTION NO. 94-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING CERTAIN IMPROVEMENTS WITHIN
TRACT 13303 WHICH INCLUDE THE INTERIOR TRACT STREETS, SIDEWALK
AND PARKWAY IMPROVEMENTS, STORM DRAIN AND THE LANDSCAPING;
THE REDUCTION OF THE PERFORMANCE BOND FOR THE INCOMPLETE
IMPROVEMENTS, WHICH INCLUDE TERRA VISTA PARKWAY AND
MOUNTAIN VIEW DRIVE, TO AN AMOUNT EQUAL TO 10% OF THE ORIGINAL
AMOUNTS; THE APPROVAL OF AN EXTENSION TO THE IMPROVEMENT
AGREEMENT FOR A TIME PERIOD OF TWO YEARS FROM THE DATE OF
THIS APPROVAL
City Council M~nutes
February 2, 1994
Page 3
D9. Approval to accept the Improvements, release of Bonds and Notice of Completion ,for the Terra Vista
Parkway Medians located on Tetra Vista Parkway between Mountain View Drive and the East Greenway Corridor.
Release: Faithful Performance Bond $ 116,000.00
Accept: Maintenance Guarantee Bond 11,600.00
RESOLUTION NO. 94-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMI~NTS FOR
THE TERRA VISTA PARKWAY MEDIANS AND AUTHORIZING THE FILING OF
A NOTICE OF COMPLETION FOR THE WORK
MOTION: Moved by Alexander, seconded by Gutierrez to approve the staff recommendations in the staff repor~
contained in the Consent Calendar with the exception of hems D2, D4, and D6. Motion carried unanimously, 5-0.
DISCUSSION OF ITEM D2. Approval of Personnel Rules and Regulations.
Mayor Stout felt there needed to be a Code of Conduct along with personnel rules and regulations.
Robert Dominguez, Administrative Services Director, stated he could write a policy on conduct also.
James Markman, City Attorney, stated this should not be in personnel rules, and should be a separate policy.
Robert Dominguez, Administrative Services Director, stated this could come back at the next meeting.
Mayor Stout felt this policy should apply to City and Fire District employees.
MOTION: Moved by Willjams, seconded by Buquet to approve Item D2. Motion carried unanimously, 5-0.
DISCUSSION OF ITEM D4. Approval to award and authorization for execution of contract
(CO ?~ ee? 94-011) for resurfacing of Traffic Bearing Deck/Parking Structure Improvement
Project, located at 10500 Civic Center Drive, to be funded from RDA Account No. 17-15000.
MOTION~ Moved by Gutierrez, seconded by Willjams to continue the Item D4 to February 16, 1994. Motion
carried unanimously, 5-0.
E. CONSENT ORDINANCES
No items were submitted.
City CouncilMinutes
February2, 1994
Page 4
F, ADVERTISED PUBLIC HEARINGS
FI. CONSIDERATION OF UPDATING THE ClTY'S CONFLICT OF INTEREST CODE FOR
DESIGNATED CITY PERSONNEL PURSUANT TO THE PROVISIONS OF THE POLITICAL
REFORM ACT OF 1974. CALIFORNIA GOVERNMENT CODE SECTION 81000. ET SEO Staff
report presented by Debra J. Adams, City Clerk.
Mayor Stout opened the meeting for public heating. There being no response, the public hearing was closed.
RESOLUTION NO. 80-049D
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING THE CITY'S CONFLICT OF
INTEREST CODE FOR DESIGNATED CITY PERSONNEL
MOTION: Moved by Buquet, seconded by Willjams to approve Resolution No. 80-049D. Motion carried
unanimously, 5-0.
G. PUBLIC HEARINGS
G1. CONSIDERATION TO ESTABLISH A SPEED LIMIT OF 35 MPH ON LARK DRIVE FROM
KENYON WAY TO ROCHESTER AVENUE: A SPEED LIMIT OF 45 MPH ON HAVEN AVENUE FROM
WILSON AVENUE TO HILLSIDE ROAD AND SUMMIT AVENUE FROM ETIWANDA AVENUE TO EAST
AVENUE Staff report presented by Paul Rougeau, Traffic Engineer.
Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed.
Debm J. Adams, City Clerk, read to the title of Ordinance No. 519.
ORDINANCE NO. 519 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE
RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED
LIMITS ON CERTAIN CITY STREETS
MOTION: Moved by Buquet, seconded by Alexander to waive full reading and set second reading for February 16,
1994. Motion carried unanimously, 5-0.
G2. CONSIDERATION OF A RESOLUTION DECLARING THE PUBLIC NEED AND NECESSITY FOR
A PORTION OF REAL PROPERTY OWNED BY MR. CHARLES BRADFORD DOWNEY. APN 0229-021-54.
IN ORDER TO COMPLETE REOUIRED STREET AND STORM DRAIN IMPROVEMENTS IN
CONNECTION WITH THE EXPANSION OF THE SPORTS COMPLEX Staff report presented by Linda D.
Daniels, Redevelopmerit Manager.
Mayor Stout opened the meeting for public heating. There being no response, the public hearing was closed.
City Council Minutes
February 2, 1994
Page 5
RESOLUTION NO. 94-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND
NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY
LOCATED IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ASSESSORS PARCEL NO. 0229-021-54, FOR THE INSTALLATION OF STREET
AND STORM DRAIN IMPROVEMENTS
MOTION: Moved by Buquet, seconded by Williams to approve Resolution No. 94-021. Motion carried
unanimously, 5-0.
H. CITY MANAGER'S STAFF REPORTS
No items were submitted.
I. COUNCIL BUSINESS
II. DISCUSSION TO SELECT NAME FOR THE INTERIM CITY LIBRARY BUILDING AND THE CITY
LIBRARY SY~;TEM Staff report presented by Susan Mickey, Management Analyst I.
Mayor Stout suggested it read:
"Rancho Cucamonga Public Library
Interim Building"
Councilmember Williams stated she was not sure the word '~Interim" should be on the building.
Councilmember Buquet agreed with Councilmember Willjams but felt possibly "interim facility" could be done in
small letters underneath the name of the library.
Councilmember Willjams stated she did not want people to think this is interim service.
Mayor Stout stated he preferred Option I of the staff report for the name.
Councilmember Buquet stated he liked Option 5.
Councilmember Alexander stated he did not like the word "interim" on the building.
Councilmember Gutierrez felt Rancho Cucamonga Public Library System was appropriate and felt the building could
be called an "interim facility" in small letters.
ACTION: The System would be called "Rancho Cucamonga Public Library "and the Building would be called
"Rancho Cucamonga Public Library" with the words "interim building" underneath the name in smaller letters.
City Council Minutes
February 2, 1994
Page 6
I2. DISCUSSION ON THE SYNCHRONIZATION OF TRAFFIC SIGNALS Slaff report presented by Rick
Gomez, Community Development Director.
Mayor Stout stated he would like to be involved in this even if the Public Works Subcommittee is working on it.
ACTION: Report received and filed.
I3. BRIEFING BY THE CITY A'I'FORNEY ON CHANGES TO THE BROWN ACT Staff report presented
by James Markman, City Attorney.
Councilmember Alexander asked if this could be challenged.
James Markman, City Attorney, stated no.
Councilmember Alexander felt this should stop and felt the public should get behind stopping this. He inquired if
the State follows the same rules for all of their meetings.
James Markman, City Attorney, stated no.
Mayor Stout felt there should be some rules established for videotaping which the Brown Act now allows for.
ACTION: Report received and filed.
.!. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified for the next meeting.
I~, COMMUNICATIONS FROM THE PUBLIC
No communication was made from the public.
RN
MOTION: Moved by Willjams, seconded by Alexander to adjourn to Executive Session to discuss personnel
matters. Motion carried unanimously, 5-0. The meeting adjourned at 8:02 p.m.
Respectfully submitted,
Debra J. Adams, CMC
City Clerk
Approved:
CiTY ·F RANCHD CUCANGNGA
LiST QF NANRAW
FOR PERIOD: OI-2A [93/E43
$8 CHECRA OVERLAP
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2616 AUTO PARTS CONPANTe SNC VEHICLe MAINTENANCE SUPPLIES 13473 il).12
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3227 BAYLESS STATIONERS QFFZCE SUPPLIES I 83876 3IA.TI
ISiT BERRY, WANCA ·EZN· PQ· PLAYSCHOOL SUPPLIES laiTY V.16
IDBI BQLIN HAIR1. & JANITQIIAL, JOHN JANITQBIAL DE·VICES I 13671
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6061 CQNPETIQL MANUFACTURING, iNC. MAINTENANCE SUPPLIES I 13489 179.00
126 CQRPUTERVISIQN C·IPO·ATIOW MONTHLY MAINTENANCE SE·VICE 13690
1096 COOK/ARTHUR INC., BUSINESS PROD. OFFICe SUPPLIES 838Vl 3SO.OQ
ITS3 COPYCAT iNC. MAGAZINES 13492 16.95
Ttl6 CORDIN FLOORS BUSINESS LICENSE REFUND 03493 B.Ol
7tli CPSRPC STATE PA·K/NeCKEATION NTG. I 136VA TBO.OO
iZiO DEER CREEK CAR MASH VEHICLE MAINTENANCE/SUPPLIES 83495 ieSTS.O0
At03 DEPARTMENT OP JUSTICE PINGERPNINTS 83496 3eZOO.OO
lOT DETCO OFFICE SUPPLIES I 83497 79.7A
IT6 OIEtI TOEING VEHICLE TOUING 1369E A?.SQ
3AID ELITE TOWING TONING SERVICE 83419 TO.O0
lO!6 ESPOSITO, CHDIST~NA REINBe PLAYSCHOOL SUPPLdES ·3500 6.58
7113 EXCHANGE, 1HE ·USZNESSN LICENSE REFUMO I)SO! ZZ.O6
IS3 FEDERAL EXPRESS COBP OELIVEIY SERVICE 1350Z I2.30
3982 FIRST ZRFDESSZONS NAt NTEHANCe SUPPLIES 13503
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RUN OATE~ 01/21/94 PAGE:
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SO CHECKS OVERLAP
3975 RIVERSIDE PIPELINE ANO LAIRO CONSTR ALTA LOMA STORM ORAIN · 93563 15,086.55
~iZZ ROSEHEAD OIL PRODUCTSt INCo MAINTENANCE SUPPLIES e 83564
16 NOTART CORPORATION MAINTENANCE SUPPLIES a)565
IISZ S C E S A MEMBERSHIP DUES S 83366 60.00
915 SAFETT KLEIN CQNP MAINT SUPPLIES 83567 6ZO.6T
ZIA SAN BEEN CO SOLED HA ST! FIGMENT NON THLV SENVZCE l) 568 5,SOS.IT
300 SAN BERNAEOINO COUNTY NEtfiB PANKZNG CITATIONS 03569 SOZ.O0
303 SAN ·ERNANOINO COUNTY ENGZNEENING OFPZCE SUPPLIES aSSTO S.·9
591 SAN OERNANOINO CQUNTT CAL-IO PROGRAM S)5TI
535 SENFLEe JUOV INSTEUCTOR PAYMENT 93572 261.00
2666 SIEGEL OISPLAY PRODUCTS SIGNS g lIST3 195o24
i831 SIMON NEST COAST INC, MAINTENANCE SUPPLIES 835T4 5BIBLE
8331 SIMPLEX TIME RICOROBE COo BUSINESS LICENSE REFUNDS 83575
2760 SKILL PATHs INC, SEMINAR ESST6 llO.OQ
1SiT SHIRT & FINAL OAT CAMP SUPPLIES I)STT 94°96
((( RIOTS - E35TO
3IE SO CALIP EOISON CO, NONTMLT ELECTRIC ·ZLLINGS O 83519
319 SO CALIP GAS COo MOOVOLT GAS BILLS O 13580 514.11
((( 13511 - 835~9 )))
IAIZ SOUTHBEN CALIFORNia EDISON NONTHLV ELECTRIC BILLS O 83590 90746°64
397 SOUTHERN OATA SYSTEMS NQNTHLT COMPUTER CONTRACT E3591 515.00
150 SPECIALIT TTPEURETER SERVICE TYPEMOlTEN SERVICE 93592 39.00
4125 SPENCEE A ASSOCIATES REHA8 PRO·NAN 83593 35.00
83TI SIOUTe ROe RETIREHINT CONNITTEE RETIREHINT DINNER 13394 40.00
4072 SUVEBKRUP LUNOEO CO. MAINTENANCE SUPPLIES O 13595 l,SZI.I8
2344 TARGET TOUTH PROGRAM S OAT CAMP $UPPL 13596 62°48
936 TARGET SPECIALTT PRQQUCTS NKINT SUPPLIES O O359T IZe26OoT6
lISt TECHNIC OFFICE SUPPLIES lIStl ZASoOO
8379 TiLE TRENDS BUSINESS LICENSE REFUNDS 13599 30.60
lie6 TORN A COUNTRY HOTEL LEAGUE OF CA CITIES NTG 83600 TT.OO
iIJO TR/-CITV ACQUITICEs INC OUSINESS LICENSE REFUNDS /IdOl 61.50
((( 33602 - E5662
667 VISA VISA MONTHLY BILLINGS O 03603 789.94
1103 VISTA PAINT NAINT SUPPLIES · E3'~04 940.15
ATO MARRIM i CORe CARL LIABILITY CLAIMS J 13605 211oZO
213 HA XIEe KLEin-LiNE CQRP NAINT SUPPLIES g 93606 458.AO
1361 UESTEON CITY MAGAZINE NENSPAPEO AO 0360T 342°00
TSE HITS RECItEACTION SUPPLIES 83608 13°25
lIEl NQNDER ONESO CQMTZNENTAL BAKING CO BUSINESS LICENSE REFUNDS 83609 6.00
509 XEROX CORPORATION COPY MACHINE SUPPLIES/SeEVZCE O 83610 SZBoT4
839Z TALE CHASE MATERIALS HAN·LINGt iNC. BUSINESS LICENSE REFUNDS B3611
9393 TOUNGS MAINTENANCE SUPPLIES e)6tZ 21.43
371 ZEE MEDICAL SERVICE RECREATION SUPPLIES O E3613 341.33
348 ZIP MANUFACTURING CONPANT VEHICLE NAINT SUPPLIES 13614
$$ TOTAL
CIIY OF RANCHO rUCANQNGA
· N RUN OATE: 02/O2/VA PAGE: 1
ITEM DESCRIPTION MAIn NO MARR. ANT.
· e CHECAA OVERLAP
454 S C C C A NEETIME ISZ3QO SO'DO-
((( 13231 - 13AS5
7983 lena ANNA MONTHLY NEEfine e3496e 12.00
36ZI CHAMBER OF COMMERCE MEMBERSHIP FEES/MONTHLY NTGS 83497~ 60°09
903 OALOT VIEN PUBLIC/PRIVATE COALITION CLOUT flEETING e345E~
((( 93459 - 83515
IT60 SKILL PATH, INCe SEMINAR INSTEe 1S6.00-
((( 93577 - 6SEll
DGZ A T & T MONTHLY TELEPHONE BILLINGS E3619 0°|6
T ARLETNONICS MAINTENANCE SUPPLIES R36ZO Z5.54
I135 ALIGNMENT I Re,Ale SPECIALISTS VEHICLE MAINTENANCE O36EI 146.66
II6T ALL-C ITIES PENCE COMPINY MAX NTENANCE EEPAIeS e)6Z2 2,850°00
2693 ANTECH RELIABLE ELEVATOR CO. NQMTHLV SERVICE E36Z)
4137 ARENA, ALMA ENYERTAINNENT SENIOR EVENT 83624 60.00
2616 AUTO PARTS COMPlETe INC VEHICLE NAINTEOANCE SUPPLIES J B36ZS 2Z6o22
3227 RIVLESS STATIONERS OFFICE SUPPLIES e e36~6 56.68
2067 BERNE1 S CO, lNC,e MATINEe OFFICE SUPPLIES ISIS/ ¢T.41
1390 OHATAT, EtAMILL RECREATION REFUND 83628 31o00
ISSe DIG A AUTO PARTS VEHICLE MAINTENANCE g 93623 43°¢6
I247 ELAeE PAPER COo, INC. RECREATION SUPPLIES 83630 63.20
E33Q OORAL RESOURCES, [NC, OAINTENANCE SUPPLIES e363I 6I°42
¢0Z7 CAB [ SONS ROOFING, INCef J. PeOGRESS PAYMENT E3632
3E42 CAL MEETElM TERMITE PEST CONTROL MOMTHLT POST CONTROL SEN VICE 93633 135.00
ENOS CANOE PACIFIC CORPORATION MAINTENANCE/VEHICLE SUPPLIES 03634 365.13
¢1I CARE AMERICA HEALTH PLAN NEOICAL PREMIUM 83635
7989 CIREILLOw RICHAID REZNOUISe FOR MOll TOOTS 83636
¢I29 CASTLE PORILE HONE SPECIALIST REHABILITATION PROGRAM 83637 h63EoO0
68 CENTIlL CITIES SIGN SRRVZCE MAINTENANCE SUPPLIES I 1363e 3Ii.46
7991 CHOI, MARIANNE RECREATION REFUND J 83639 E7oSO
73 CITRUS ROTORS ONTARIO, INC° VEHICLE MAINTENANCE/SUPPLIES e IsGio S6o¢A
T¢ CIYT RENTALS IQUSPNENT RENTAL/SUPPLIES 836¢I 3i5o56
799Z COLLINS, LYNOIE RECREATION REFUND 13642 27°50
2¢10 COLTON TIUCK SUPPLY VEHICLI RAZNTENAKE SUPPLIES 93663 SIBYl
IeTi COMPLETE BUSINESS SYSTEOS MAINTENANCE AGREEMENT e 13e44 61Z.Sl
7393 CONPTOM, ROBERT OR ALLERe BETTY RECREATION REFUND 83645 46°50
1994 CONCEITRASTER SYSTEMS IHC, BUSINESS LICENSE REPONO 83646 37°00
ESO CORONA CLAY COMPANY MAINTENANCE SUPPLIES 13647
2OIl COUNTRY ESTATE PENCE CQ°B ZNC, MAINTENANCE SUPPLIES/REPlieS e 13648 643.S1
((( 83649 - 83655
85 CUCANONGA CO MATER DIRT MONTHLY MATER IXLLINGS I E3656 El,eO4e89
4073 DAVIES CONSTRUCTION, ENC°, OAVIO A, PROFESSIONAL SERVICES 13iS/ ITSBOO
7335 OENGt CMU YEN RECREATION REFUND 83658 SI.SO
SIS EASTNINe ZNC OFFICE SUPPLIES I 13699 6|5°83
7996 ELIAS eROS CONSTRUCTION REFUNO PERMIT DEPOSIT IS660 hOOO.O0
IZS FIRST AMERICAN TITLE INS° COo PROPERTY PROFILE e3s&I zs.oo
24IS FOOTHILL SELF STORAGE STORAGE UNIT RENTAL I 93662 IeiSOoO0
2090 FIR SERVICESJ INto ANNUAL MAINTENANCE 83663 IwSOOeO0
I082 FRANKLIN QUEST CO, .. OFFICE SUPPLIES 83664 22,79
436 FULNOOO, JERRY e° CASH ADVANCE NTG IN SAN OilGO 83663 ZOOBOO
7678 6oF,O°A, CAPR REVIEU FEE E3666 280.00
7998 COPMETe CAROL RECREATION REPUNO 83667 30o00
,.
CZlY UP KARLFlU LUCAMUNbA
LIST OF VARRANTS
FQ1 PeRZQDZ 02-02-06 (93/043
RUN QATe~ 02/02/96 PAGe: 2
VENDOR NANE ITEH OESCRXPTeON MARK NO MARK. ANT.
$e CMeCKV OVERLAP
49Z GRAVES AUTONOTZVE SUPPLY faiNTCHANCE SUPPLIES I 13668 TT.BQ
TIT GTE CALiFORNia HQNTHLV TeLePHONe BILLINGS E 11660 3,152oi8
OS8 HIDGINS, NARTX C E S A NeeTINGS 81610 250.00
lIB HQLLZOAV ROCK COo, [NO. HAeNTEAANCe SUPPLIES I 8161]
12119 HOPLOVe BReUOA KeCReAIION REFUNO 83672 65.00
iG! FLOUT LUNAER CODa Sofio NAINTERANCe SUFPLeeS 81671
491 NVOAO-SCAPE PRODUCTS, IHC LANDSCAPE NAINTENANCe SUPPLIES I 11614 138.15
2111 I C H A NaNAIRSHIP DUeS 13613 S/.SQ
A082 IRON BUSineSS SISTENS fAINT,fARCe ON COPIER 11616
46 INDUSTRIAL ASPHALT NAZNTeNANCO SUPPLIES e 81611
12120 INLAND LANDSCAPE HAIRY,fARCE, inca RUSEHESS LICENSe REFUND 81671 65°60
]21iZ INTeRNAT,ORAL MINOQU CORP, OUSIUESS LICENSe REFUND 13619 16.00
612 JARSCUM, INCo, CoS. VEHICLe HAZNTENANCe f 81610 4,066.90
ITg KAISER FOUNDATION HEALTH PLAN MEOeCAL INSURANCe 1161i
]2i8 KNOX HAZNTEXANCB SUPPLIES I 13682 10o25
]024 KOCH NATERZALS CQHPANT NAINTENANCE SUPPLeOS 11681
139 LAH~ JACK LEAGUe HEETZNG 81684 SO.O0
SiT LANDSCAPe ReST LANDSCAPE HAINTeNANCE 81613 250.61
1201 LAM PRiNTiNG CO., inC. HAINTEkANCE SUPPLIES I 81686
]91 LeAGUe QP CALifORNIA CITIES ANNUAL OUES 81681
979 LINES HONES REFUND OF OeVELOPMENT Fees 81681 ],OOOoOQ
IZBZZ LLOYOS EQUZPNENT OVeAPAVNENT ON PERHZT 83619 9.00
200 LOS ANGELES TINES SUBSCRIPTION 81600 lO,YZ
4]39 LUOOZNEe PAUL MAINTENANCe 8369] OOoeO
i062 N C i TeLeCONMUNZCATIOUS TELEPHONE SEeURGES I 11602 310.64
]23]T NAOOLE A ASSOC. SHOe BUSINESS LeCENSO AEFUNO 11691 51.00
6004 FISMHOLE AOJUSTeNG CONTRACTORS PROGRESS ESTZKATe 11694 9,391.94
16 NARKHANsARCZYNSRIeHANSON, L KING PROFESSIONAL SERveORS I 1369S 4,15]o09
lZSle MAZZULLA GlAOXNG COo, KiRK Je BUSINESS LICENSE REFUND 13696 2O.O
]2323 nC CORHeCRw NANCY IECREATeON REPUNO 13697 !1o00
4032 MEANS CO., 1oSo MAINTENANCE SUPPLieS I lBJtR 211.95
749 HIJAC ALARM CORPSFlY ALA RH SeRVICeS I 83699 i~AG8.OO
lOZO MOUNTAin VTEU GLASS & NIRAOA HAZNTBNANCE SUPPLIES I 11100 136o13
lZBl2 HOUSSAOI, KEYIN RECREATION REFUND 83101 IT.SO
12110 NULLEH, GLINT BUSINESS LICENSE REFUND ABTO2 ZOoO0
122A N R P A - NORTHEAST SERVICE CENTER NRPA MEETING AEGISTRATION I 81103 400.00
22A8 NAPS AUTO PARTS veHIcLe MAINTENANCe I 81104 74.46
31i6 NAT,ORAL LeAGUe OF CZTZES REGZSTRAT]ON I 83/03 510o00
33Z6 NAT,ORAL LeAGUe OF CITZES ReGZSTIATION 81106
3637 NATIONAL UNIFORM SeRViCe UNIFORN SERViCeS I lB/Ql sITeS6
3613 NATZONUIOE NOBELI HONE REHABo PROGRin 13/01 343.Z0
3601 NATIONRIDE NOBZLE HONE REMABo PRODNAN 83/00 A!4.EO
3693 NATIONNIOE HOBELI HONE AEHAA. PBOGIAH 831Z0 1,086.00
4139 HEMSMEEK SUBSCRIPTION lilts 21.91
563 OSTERBAUeR CONPRESSOR SeRViCe NAeNTeNANCE SUPPLieS 131IZ 108oT0
IZ316 OiL ROCK PRODUCTS CO. IUSIUESS LICENSe REFUND 83711 tZolO
6003 PACIFIC COAST CARL,NOw INCo CABLe TESTING 131i4 elEoSO
1826 PACTEL CELLULAR CELLULAR P~ONE BILLINGS I 83115 769.01
8826 PACTEL CELLULAR CELLULAR PHONe BiLLiNGS I 811t6 16Yet0
tOT9 PHOTO HOUSE OF CALEPORNIA PHOTO SUPPLieS I lilly 683.26
3IX PIGONE PLUNBZNG CORPORATION PLUMBING KEPAZR & SUPPLIES I 83T18 ]25o34
COPY
The ~ ~,by a~ ~
3. ~(S) ~ ~H~G~S) Fff J ~.
Per T~ S
127~.~
h to Prm 1~.~
, ~ I ~ CUC~
· ~ C~ CI
~ O~ ~1 Bl~., .ha EE~ Ate. JAN 0
Ci~ ~ ~p C~ 917~ C~n~
~cho cuc~on~a~ S~ B~n~no t~t.,.,,.,., ..... rOr~ ~0.~ 21
.., 13. STATE OF CALIF~NIA Coun~ d ~verside
~ ~ F~SS o~ C~orn~ Inc.'
. ,~,~:~ ;,:~_,___~,_ ................................·..: .. :...
15. STATE OF CALIFORNIA C~ ~ ~Terslde h. 1/5/~
,/
o Not Wie ~ T~ L~i F~ ~
~ Q .............................................. co~Es ~m __JZ~I_~ ..............
FOOD 4 LESS
SWC Foothill Blvd. and Etiwanda Avenue
APN 229-031-28
Currently Zoned: Regional Related Co~ercial, Foothill Specific Plan, Subarea 4
FOOD 4 LESS
..... NORTH
Co~unity Co~ercial ~:'
South: Municipal Water District Transmission
Facility, Industrial Specific Plan,
Subarea 8, General Industrial
East: Single Family Residential, Etiwanda Specific
P1 an, Low Residential
West: Retail Buildings Under Construction,
Foothill Specific Plan, Subarea 4 FOOth)ll ace
Regional Related Co~ercial; 1-15 Devore Fwy Foomm Boulevi~d & Eli~nd~ Avenue
sass L07/94
A.aehedl Ill liecorded
[] Fiduclae?
[] ................................................... COPIES ~II. ED ~ 1/25/94
[] Renewal: Fee of .......... ..Paid at ............................. Of~ce o, ................. Ilece;pt NO.. ....................
RXVERSZDE DISTRICT OFFICE AS OF JANUARTqgs 1996
20 2&9316 ACT 07 ]3Z3 07130190 930701 PAY LESS DRUG STORES NORTHWEST
"1
I ZO 219133 ACT 07 3311 09/19/88 930701 7 PAY LESS ORUG STORES NORTHWEST
;L' PERRIB CA 9Z571
(, {!~f~O 196704 ACT 07 361S 01115187 930701 PAT LESS OIUG STOI~I IIOR~HWEST
.{ 20 225958 ACT 07 36De 01/17/89 930701 7 pay LESS DRUG STORES NORTHWEST
,r REOLANOS CA 92374
~E C E ]VEDSAN 8ERNARDXNO CA 92&07
jAN 2 4 T994
~{co~o}ac Beverage Control
~iversiOe
16
LEMON AVENUE
Pay Less Drug Stores
6401 Haven Avenue
Rancho Cucamonga, CA 91730 LUCKY
MARKET
A business within the
Haven Village Shopping Center
NEC Haven/Highland
PAY LESS
l DRUG
UNOCAL STORE
GAS
STATION
HIGHLAND AVENUE
Property Currently Zoned: Neighborhood Con~nercial
Zoning of Adjacent Properties:
North: Low Residential
South: Low Residential
East: Medium High Residential
West: Office Professional/Low Medium Residential
and Neighborhood Conmnercial
sasse 02/08/94
COPY~--- ..... ._. ~**..,..-.,.,._..._ ..... o...o.,.
AP~TIOI4 HI ALCO~ ~lU61 ~IN~(S) T, TYPE(S) OF LICENSE(S) FILE ~. :
I'A~v ~resh H. lcr/Fer 1'::~. $1,2;~,~ 2
s. t~. o~ ~..~nu~ .~ ~ JAN 2 ? 1~4 '
9755 Arrw T~,, A, D ~ C ~"~"~e:~2'l 2 3
t3. STATE OF CAUF~N~ Cou.~ of .~lYcr~d~ ........................ ~n,,,.]/~,/_:~ .............. - :
APPLICATION BY nANikk~l'a~ n.
15. STATE OF CALIFORNIA C~n~ ~--~[~w~ ....................... b ..... )-~ ............. ".-
t:ondftto~] ~1
T' [] ................................................... COMES MAltED ,.ll~.r;t2~,J ................................
:: [] le~,vol: Fe~ of ........... Paid M ............................. n~,,ee st ................. .Receipt No .......................
t
ARROW HIGHWAY
.-j,L 4 --' -, r~ '_--J'r ',.'-r-i~-.,- _
> Ja'dk
c~ i n the L-: [;~'
~ Box
:: Fast :"'~'. tl I ,...,,.
=: Food ' ....
< 2 ARROW .-I---'r' · ~. - '-
PLAZA
Retai 1/M~di cal/etF .
Y' MARKET '-' I ~ I ,
ARROW MARKET
9755 Arrow Hwy., A, B & C
Rancho Cucamonga, CA 91730
Property Currently Zoned: General Commercial
Zoning of Adjacent Properties:
North: Medium Residential
South: Low Residential, CBI~WD Offices
East: Low Residential
West: Industrial Specific Plan, Subarea 3, General Industrial
~asse O~XO,~Xg;t'9
CITY OF RANCHO CUCAMONGA
STAFF REPORT :'
DATE: February 16, 1994 '-
TO: Mayor and Members of the City Council *~'
Jack Lam, AICP, City Hanager
FROM: William J. O'Neil, City Engineer
BY: Linda Beek, Jr. Engineer-~L~
SUBJECT: AUTHORIZE ll~E ADVERTISING OF ll~E "NOTICE INVITING BIDS" FOR
ll~E CAJ. AVERA,S AVENUE STREET IMPROVEMENT PR~ECT, NINTH
SLEET TO CHAFFEE Sll~EET ALLEY, TO BE FUNDED FRON CDBG
FUNDS, ACCOUNT NO. 28-4333-9331
REC01EIIDATI01t:
It is recommended that City Council approve plans and specifications for
the Calaveras Avenue Street Improvement Project, Ninth Street to Chaffee
Street Alley, and approve the attached resolution authorizing the City
Clerk to advertise the "Notice Inviting Bids".
BAX;KGROUND/ANAJ. YSIS
The subject project plans and specifications have been condoleted by
staff and approved by the City Engineer· The Engtneer's estimate for
construction is $80,127.00. Legal advertising is scheduled for
February 25 and March 4, ig94, with the bid opening at 2:00 ) on
Tuesday, April 5, 1994.
Respectfully ~
City Engineer
WjO:LB:sd
Attachment
RESOLUTION NO. ~:~/"/-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONGA APPROVING PLANS AND SPECIFICATIONS FOR THE
"CALAVERAS AVENUE STREET IMPROVEMENT PROJECT, NINTH
STREET TO CHAFFEE STREET ALLEY", IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE
TO RECEIVE BIDS
WHEREAS, it is the intention of the City of Rancho Cucamonga to construct
certain improvements in the City of Rancho Cucamenga.
WHEREAS, the City of Rancho Cucamonga has prepared plans and
specifications for the construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications
presented by the City of Rancho Cucamonga be and are hereby approved as the
plans and specifications for the "Calaveras Avenue Street Improvement Project,
Ninth Street to Charfee Street Alley".
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to advertise as required by law for the receipt of sealed bids or
proposals for doing the work specified in the aforesaid plans and
speci ftcati ons, which said advertisement shal 1 be substa nti ally i n the
following words and figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS'
This project is 100% federally financed by the U.S. Department of Housing
and Urban Development (24 CFR, Part 57) and subject to certain requirements
including payment of Federal prevailing wages, compliance with "Section 3'
Affireative Action Requirements, Executive Order #11246 and others. The
aforenentioned are described in the "Special Federal Provisions" Section of
the bid documents. Additional information pertaining to the Federal
requirements is on file with the City of Rancho Cucamenga's Coamaunity
Development Department.
Pursuant to a Resolution of the Council of the City of Raecho Cucamonga,
San Bernardino County, California, directing this notice, NOTICE IS HEREBY
GIVEN that the said City of Rancho Cucamonga will receive at the Office of the
City Clerk in the offices of the City of Rancho Cucamonga, on or before the
hour of 2:00 P.M. on APRIL 6, 1994, sealed bids or proposals for the
"CALAVERAS AVEIlJE STREET IMPROVEMENT PROJECT FROM NINTH STREET TO "CHAFFEE
STREET~ ALLEY" in said City.
A prebid meeting is scheduled for 2:00 P.M. I1JESDAY, MARCH'29, 1994, at
10500 Civic Center Drive, Engineering Division. This meeting is to inform
DBEs of subcontracting and material supply opportunities. Bidder°s attendance
at this meeting is a prerequisite for denmnstrating reasonable effort to
obtain OBE participation.
Bids will be publicly opened and read in the office of the City Clerk,
10500 Civic Center Drive, Rancho Cucamonga, California.
21
Bids nist be made on a form provided for the purpose, addressed to the
City of Rancho Cucamonga, California, marked, "Bid for Construction of
CAI. AVERA.S AVENUE STREET IMPROVEMENT PR(~JECT FROM NINTH 51REET TO "CHAirFEE
STREET" ALLEY."
MINI~4UM WAX)E RATE: Notice is hereby given that this project is funded
with U.S. Departnent of Housing and Urban Development funds and that the rate
of wages for each craft or type of workman or mechanic e~loyed under this
contract shall be not less than as specified under the U.S. Department of
Labor General Wage Decision in the locality in which the work is to be
performed as modified within ten (10) days prior to the bid opening date as
required under the Davis-Bacon Act. Notwithstanding the conditions
hereinabove, the California Labor Code stipulates that not less than the
general prevailing rate of per diem wages for each craft or type of workman or
mechanic needed to execute the contract in the locality in which the work is
to be performed, and not less than the general prevailing rate of per diem
wages for holiday and overtime work as determined by the Director of
Industrial Relations of the State of California shall be paid to all workmen
employed. Where a discrepancy exists between the federal and state prevailing
wage rates, the policy of the California Department of Labor is to require
that the higher of the two prevailing wage rates shall apply.
Pursuant to provisions of Labor Code Section 1775, the Contractor shall
forfeit, as penalty to the City of Rancho Cucamenga, not mere than fifty
dollars ($50.00) for each laborer, workman, or mechanic ~ployed for each
calendar day or portion thereof, if such laborer, workman or mechanic is paid
less than the general prevailing rate of wages hereinbefore stipulated for any
work done under the attached contract, by him or by any subcontractor under
him, in violation of the provisions of said Labor Code.
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of
the Labor Code concerning the e~loynent of apprentices by the Contractor or
any subcontractor under him,
Section 1777.5, as amended, requires the Contractor or subcontractor
employing tradesmen in any apprenttcable occupation to apply to the Joint
apprenticeship committee nearest the site of the public works project and
which administers the apprenticeship program in that trade for a certificate
of approval. The certificate will also fix the ratio of apprentices to
journeymen that will be used in the performance of the contract, The ratio of
apprentices to Journe~nmen in such cases shall not be less than one to five
except:
A. When un~mploy~ent in the area of coverage by the Joint apprenticeship
conmtttee has exceeded an average of 15 percent in the 90 days prior to
the request of certificate, or
B. When the n~er of apprentices in training in the area exceeds a ratio of
one to five, or
C. When the trade can show that it is replacing at least 1/30 of its
~ership through apprenticeship training on an annual basis statewide
or locally, or
O. When the Contractor provtdes evidence that he employs registered
apprentices on all of hfs contracts on an annual average of not less than
one apprentice to etght journeymen.
The Contractor ts required to make contrlbutlons to funds established for
the administration of apprenticeship programs If he employs registered
apprentices or Journeymen tn any apprenticable trade on such contracts and tf
other Contractors on the publlc works s~te are maklng such contrfbuttons.
The Contractor and subcontractor under him shall comply with the
requirements of Sections 1777.5 and I777.6 tn the employment of apprentices.
Information relattve to apprenticeship standards, wage schedules, and
other requirements may be obtatned from the DIrector of Industrial relations,
ex-offlcto the Administrator of Apprenticeship, San Francisco, California, or
from the Dfvtston of apprenticeship Standards and Its branch offlces.
Eight (8) hours of labor shall constitute a legal day's work for all
workmen employed fn the execution of thts contract and the Contractor and any
subcontractor under him shall comply with and be governed by the laws of the
State of California having to do wlth working hours as set forth In Division
2, Part 7, Chapter I, Arttcle 3 of the Labor Code of the State of California
as amended.
The Contractor shall forfeit, as a penalty to the ctty of Rancho
Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechantc
employed in the execution of the contract, by him or any subcontractor under
him, upon any of the work heretnbefore mentioned, for each calendar day during
which said laborer, workman, or mechanic ~s requtred or permitted to labor
mere than etght (8) hours tn v~olation of satd Labor Code.
Contractor agrees to pay travel and subsistence pay to each workman
needed to execute the work required by this contract as such travel and
subsistence payments are defined in the app]tcable collective bargaining
agreement f11od fn accordance wtth Labor Code Sectton 17773.8.
The bidder must submit with hts proposal, cash, cashter's check,
certified check, or btdder's bond, payable to the City of Rancho Cucamenga for
an areaunt equa] to at least ten percent (104 of the areaunt of satd bid as a
guarantee that the bidder will enter Into the proposed contract tf the same Is
awarded to htl, and tn event of failure to enter into such contract satd cash,
cashler's check, certified check, or bond shall become the property of the
City of Rancho Cucamenga.
If the Ctty of Rancho Cucamenga awards the contract to the next lo,est
bidder, the amount of the loest btdder's security shall be applied by the
City of Rancho Cucamonga to the difference between the lo~ bid and the second
lowest bid, and the surplus, if any shall be returned to the loest bidder.
BONDS: The amount of the bond to be gtven to secure a faithful
performance of the contract for sa~d work shall be one hundred percent (lOOt)
of the contract price thereof, and an additional bond in an amount equal to
one hundred percent (1005) of the contract price for sald work shall be gtven
to secure the payment of claims for any materials or suppltes furnished for
the performnce of the work contracted to be done by the Contractor, or any
work or labor of any k~nd done thereon, and the Contractor wtll also be
required to furnish a certificate that he carries compensation Insurance
covering his employees upon work to be done under contract which may be
entered ~nto between him and the sa~d City of Rancho Cucamonga for the con-
struct~on of said work.
AFFIPJqATIVE ACTION: The C~ty of Rancho Cucamonga hereby notifies all
b~dders that ~t w~]l affirmatively enxure that in any contract entered into
pursuant to th~s advertisement, minoriV business enterprise w11] be afforded
full opportunity to submit bids in response to this ~nvltatlon and wtll not be
dhcrimfnated against on the grounds of race, color, sex, or national origin,
in consideration for thw award.
No proposal will be considered from a Contractor to whom a proposal form
has not been tssued by the City of Rancho Cucamonga.
Contractor shall possess any and all contractors licenses, tn form and class
as required by any and all applicable laws with respect to any and all of the
work to be performed under thh contract; ~ncluding but not limited to a Class
"A" License (Generel Engineering Contractor) In accordance w~th the provtslons
of the Contractor's License Law (Callforn~a Business and Professions Code,
Section 7000 et. seq.) and rules and regulatlon adopted pursuant thereto.
The Contractor, pursuant to the "California Business and Professions
Code", Section 702B.15, shall Indicate hts or her State License Number on the
bid, together with the expiration date, and be signed by the Contractor
declarlng, under penalty of perjury, that the information being provided Is
true and correct.
The work is to be done tn accordance with the profiles, plans, and
specfficat~ons of the City of Rancho Cucamenga on file ~n the Office of the
CIty Clerk at 10500 Ctvtc Center Drtve, Rancho Cucamonga, California. Copies
of the plans and specifications, available at the office of the City Engineer,
w111 be furnished upon application to the Ctty of Rancho Cucamenga and payment
of $35.00 (THIRTY FIVE), satd $35.00 (THIRTY FIVE) ls nonrefundable.
Upon wrttten request by the bldder, coptes of the plans and
specifications wtll be matled when satd request is accompanied by payment
stipulated above, together wtth an additional nonreimbursable payment of
$15.00 (FIFTEEN DOLLARS) to cover the cost of matltng charges and overhead.
The successful bidder wtll be required to enter tnto a contract
satisfactory to the City of Rancho Cucamonga.
In accordance wtth the requirements of Sectton 9-3.2 of the General
Provisions, as set forth tn the Plans and Speclftcattons regarding the work
contracted to be done by the Contractor, the Contractor may, upon the
Contractor's request and at the Contractor's sole cost and expense, substltute
authorized securities tn 11eu of monles wtthheld (performance retention).
The Ctty of Rancho Cucamenga, California, reserves the rtg~qt to reject
any or all bids.
24
By order of the Council of the City of Rancho Cucamonga, Caiifornia.
Dated this 16th day of February 1994.
PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga,
California, this 16th day of February 1994.
Nayor
ATTEST:
City Clerk
ADVERTISE ON: February 25 and March 4, 1994
CITY OFRANCH0 CUCAMONGA
STAFF REPORT
TO: ~ayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Wtl~iam J. O'Netl, City Engineer
BY: Llnda Beek, Jr. Engineer
SUBJECT: AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR
THE 1993/94 FY STREET REHABILITATION PROOPJU~ AT VARIOUS
LOCATIONS, TO BE FUNDED FROM SYSTEMS DEVELOPMENT, ACCOUNT
NO. 22-4637-9313, 22-4637-9311 AND PROP. 111 - C~AS T~
ACCOUNT NO. 10-4637-9113
~C(M(NDATIO~:
It is recommended that City Council approve plans and specifications for
the 1993/94 FY Street Rehabilitation Program at various locations which
includes hot asphal t rubber overlay, cape seal and slurry seal, and
approve the attached resol ution authorizing the City Clerk to advertise
the "Notice Inviting Bids".
BACKGROUND/ANALYSIS
The subject project plans and specifications have been completed by staff
and approved by the City Engineer. The Engineer's estin~te for
construction is $773,205.00. Legal advertising is scheduled for February
22, 1994 and March 8, 1994, with the bid opening at 2:00 p.m. on Tuesday,
March 22, 1994.
The various Locations are as loll ows:
Pavement Overla.y
1. Carnelian Street from Base Line Road to 19th Street
Cape Seal
1. Valle Vista Drive from Alta Cuesta to Rod Hill Country Club Drive.
2. ~tonte Vista Street from ~thyst Street to Archibald Avenue.
3. Banyan Street from Camel tan Street to west of Hellman Avenue.
4. Agate Street from Roberds Street to La Vine Street.
5. Garnet Street from Roberds Street to La Vine Street.
6. ~ancho Street from Carnelian Street to east end terminus.
CITY COUNCIL STAFF REPORT
1993/94 FY STREET REHABILITATION
February 16, 1994
Page 2
SlurrySeal
1. Victoria Park Lane from Base Line Road to Day Creek Channel.
2. Various local residential streets generally 1 ocated north of Base
Line Road and west of Beryl Street.
Respectfully su~n!tted,
William a. O'Nei-T'
City Engineer
WjO:LB:ly
Attachment
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO
CUCAI40NGA APPROVING PLANS AND SPECIFICATIONS FOR THE
"].993/94 F'Y STREET REHABILITATION PROGRAN AT VARIOLIS
LOCATIONS IMPROVEt4ENT PRO,.1ECT, WHICH INCLUDES HOT
ASPt'IALT RUBBER OVERLAY, CAPE SEAL ANO SLURRY SEAL",
SAID CITY AND AUTHORIZING AND DIRECTING THE '~ITY CLERK
TO ADVERTISE TO RECEIVE BIDS
WHEREAS, it is the intention of the City of Rancho Cucamonga to construct
certain improvements in the City of Rancho Cucamonga.
WHEREAS, the City of Rancho Cucamonga has prepared plans and
specifications for the construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications
presented by the City of Rancho Cucamonga be and are hereby approved as the
plans and specifications for "1993/94 FY Street Rehabilitation Program at
various locations Improvement Project, which includes hot asphalt rubber
overlay, cape seal and slurry seal".
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to advertise as required by law for the receipt of sealed bids or
proposals for doing the work specified in the aforesaid plans and
specifications, which said advertisement shall be substantially in the
following words and figures, to wit:
NOTICE ADVERTISING FOR BIDS
FOR
1993/1994 FY STREET REHABILITATION PROGPJ~M, VARIOUS LOCATIONS
INCLUDES NOT ASPHALT RUBBER OVERLAY, CAPE SEAL AND SLURRY SEAL
Pursuant to a Resolution of the Council of the City of Rancho Cucamonga,
San Bernardino County, California, directing this notice, NOTICE IS HEREBY
GIVEN that the said City of Rancho Cucamenga will receive at the Office of the
City Clerk in the offices of the City of Rancho Cucamonga, on or before the
hour of 2:00 PM, on llJESDAY, MARCH 22, 1994, sealed bids or proposals for the
"1993/1994 FY SlliEET RE~ABILITATION PRORR/M, VARIOUS LOCATIORS; INCLUDES NOT
ASPHALT RUBBER OVERLAY, CAPE SEAL AND SLURRY SEAL" in said City.
Bids will be publicly opened and read in the office of the City Clerk,
10500 Civic Center Drive, Rancho Cucamonga, California 91730.
Bids must be made on a form provided for the purpose, addressed to the
City of Rancho Cucamenga, California, marked, 'Bid for Construction of
1993/1994 FY STREET REHABILITATION PROraiUMq, VARIOUS LOCATIORS; INCLUDES NOT
ASPHALT RUBBER OVERLAY, CAPE SEAL AND S~URRY SEAL"
PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1
and 2, the Contractor is required to pay not less than the general prevailing
rate of per diem wages for work of a similar character in the locality in
which the public work is performed, and not less than the general prevailing
rate of per diem wages for holiday and overtime work. In that regard, the
Director of the Department of Industrial Relations of the State of California
is required to and has determined such general prevailing rates of per diem
wages. Copies of such prevailing rates of per diem wages are on file in the
office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center
Drive, Rancho Cucamonga, California, and are available to any interested party
on request. The Contracting Agency also shall cause a copy of such
determinations to be posted at the job site.
Pursuant to provisions of Labor Code Section 1775, the Contractor shall
forfeit, as penalty to the City of Rancho Cucamonga, not mere than fifty
dollars ($SO.O0) for each laborer, workman, or mechanic e~loyed for each
calendar day or portion thereof, if such laborer, workman or mechanic is paid
less than the general prevailing rate of wages hereinbefore stipulated for any
work done under the attached contract, by him or by any subcontractor. under
him, in violation of the provisions of said Labor Code.
Attention is directed to the provisions in Sections 1777.S and 1777.6 of
the Labor Code concerning the e~lo~n~ent of apprentices by the Contractor or
any subcontractor under him.
Section 1777.S, as amended, requires the Contractor or subcontractor
e~loying tradesmen in any apprenticable occupation to apply to the Joint
apprenticeship conmittee nearest the site of the public works project and
which administers the apprenticeship program in that trade for a certificate
of approval. The certificate will also fix the ratio of apprentices to
Journeymen that will be used in the perfo,t~ance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one to five
except:
A. When une~lo~nnent in the area of coverage by the Joint apprenticeship com-
mittee has exceeded an average of lS percent in the ~ days prior to the
request of certificate, or
B. When the number of apprentices in training in the area exceeds a ratio of
one to five, or
C. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis statewide or
locally, or
D. When the Contractor provides evidence that he employs registered
apprentices on all ol' his contracts on an annual average of not less than
one apprentice to eight JourneJ~en.
The Contractor is required to make contributions to funds established for
the administration of apprenticeship programs if he e~loys registered
apprentices or Journeymen in any apprenticable trade on such contracts and if
other Contractors on the public works site are making such contributions.
The Contractor and subcontractor under him shall c~ly with the
requirements of Sections 1777.B and 1777.6 in the e~lo~n~ent of apprentices.
Information relative to apprenticeship standards, wage schedules, and
other requirements may be obtained from the Director of Industrial relations,
ex-officio the Administrator of Apprenticeship, San Francisco, California, or
from the Division of apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's work for all
workmen employed in the execution of this contract and the Contractor and any
subcontractor under him shall comply with and be governed by the laws of the
State of California having to do with working hours as set forth in Division
2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California
as amended.
The Contractor shall forfeit, as a penalty to the city of Rancho
Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic
employed in the execution of the contract, by him or any subcontractor under
him, upon any of the work hereinbefore mentioned, for each calendar day during
which said laborer, workmen, or mechanic is required or permitted to labor
more than eight (8) hours in violation of said Labor Code.
Contractor agrees to paY travel and subsistence paY to each workman
needed to execute the work required by this contract as such travel and
subsistence payments are defined in the applicable collective bargaining
agreement filed in accordance with Labor Code Section 17773.8.
The bidder most submit with his proposal, cash, cashter's check,
certified check, or bidder's bond, paYable to the City of Rancho Cucamonga for
an amount equal to at least ten percent (10% of the amount of said bid as a
guarantee that the bidder will enter into the proposed contract if the same is
awarded to him, and in event of failure to enter into such contract said cash,
cashter's check, certified check, or bond shall become the property of the
City of Rancho Cucamonga.
If the City of Rancho Cucamonga awards the contract to the next lowest
bidder, the amount of the lowest bidder's security shall be applied by the
City of Rancho Cucamonga to the difference between the low bid and the second
lowest bid, and the surplus, if any shall be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful performance of
the contract for said work shall be one hundred percent (100%) of the contract
price thereof, and an additional bond in an amount equal to one hundred
percent (100%) of the contract price for said work shall be given to secure
the payment of claim for any materials or supplies furnished for the
performance of the work contracted to be done by the Contractor, or any work
or labor of any kind done thereon, and the Contractor will also be required to
furnish a certificate that he carries compensation insurance covering his
employees upon work to be done under contract which may be .entered into
between him and the said City of Rancho Cucamonga for the construction of said
work.
No proposal will be considered from a Contractor to whom a proposal form
has not been issued by the City of Rancho Cucamonga.
Contractor shall possess any and all contractors licenses, in form and
class as required by any and all applicable laws with respect to any and all
of the work to be performed under this contract; including but not limited to
a Class "A" License (General Engineering Contractor) in accordance with the
provisions of the Contractor's License Law (California Business and Profes-
sions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant
thereto.
The Contractor, pursuant to the "California Business and Professions
Code", Section 7028.15, shall indicate his or her State License Number on the
bid, together with the expiration date, and be signed by the Contractor
declaring, under penalty of perjury, that the information being provided is
true and correct.
The work is to be done in accordance with the profiles, plans, and
specifications of the City of Rancho Cucamonga on file in the Office of the
City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies
of the plans and specifications, available at the office of the City Engineer,
will be furnished upon application to the City of Rancho Cucamonga and payment
of $35.00 (THIRTY FIVE), said $35.00 (THIRTY FIVE) is nonrefundable.
Upon written request by the bidder, copies of the plans and
specifications will be mailed when said request is accompanied by payment
stipulated above, together with an additional nonreimbursable payment of
$15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead.
The successful bidder wtll be required to enter into a contract
satisfactory to the City of Rancho Cucamenga.
In accordance with the requirements of Section 9-3.2 of the General
Provisions, as set forth in the Plans and Specifications regarding the work
contracted to be done by the Contractor, the Contractor may, upon the
Contractor's request and at the Contractor's sole cost and expense, substitute
authorized securities in lieu of monies withheld (performance retention).
The City of Rancho Cucamenga, California, reserves the right to reject
any or all bids.
By order of the Counctl of the City of Rancho Cucamenga, California.
Dated this 16TH OAY OF FEBRUARY, 1994.
Publish DaMs:FEBRUARY 22, 1994 AND MARCH 8, 1994
Mayor
ATTEST:
City Clerk
ADVERTISE ON: February 22, 1994 and March 8, 1994
L
CITY OF RANCHO CUCAMONGA :~ . ~' - '>-~
STAFF REPORT
DATE: February 15, 1994 ~. :..~,-
TO: Mayor and Members of the CIty Council
Jack Lam, AICP, CIty Manager
FROM: Wllq ~am J. O'Ne~l, C~ty Engineer
BY MIchael D. Long, Supervfslng Pub11c Works Inspector
SUBJECT: APPROVAL TO APPROPRIATE $425,327 FROM DEFERRED REVENUE ACCOUNT
NO. 22-236 AND EXPEND IT IN SYSTEMS DEVELOPMENT FUND ACCOUNT
NUMBERS 22-4637-9206 ($96,109) AND 22-4637-9205 ($329,2181, FOR
THE CONSTRUCTION OF THE ROCHESTER AVENUE AND BANYAN STREET
IMPROVEMENT PROJECT LOCATED NORTH OF HIGHLAND AVENUE.
REC{]R[NDATION
It ~s reco~nended that the City Coundl approve the appropriation of $425,327
from Deferred Revenue Account 14o. 22-236 to expend In Systems Development Fund
Account Nos, 22-4637-9206 ($96,109) and 22-4637-9205 ($329,218} for the
construction of the Rochester Avenue and Banyan Street Improvement Project
1 ocated north of High1 and Avenue.
BACXGROUND/ANALYSIS
The funds ~n De~:erred Revenue Account No. 22-236 were deposited by the
Marlborough Corporation on March 11, 1988 for the construction of off-site
Improvements as per the Conditions of Approval for Tract 12643 and Parcel Map
9192. These funds are now betng expended to construct the required off-s~te
f mp rov eme n ts,
Respectfully submitted,.
t4111 ~am J, ~
C~ty Engineer
WjO:MDL:dlw
CITY OF RANCHO CUCAMONGA ,.~
STAFF REPORT
DATE: February 16, 1994
TO:. Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Duane A. Baker, Assistant to the City Manager
SUBJECT: CONSIDERATION OF RESOLUTIONS R~I ATING TO THE SALE OF BONDS
FOR COMMUNITY FACILITIES DISTRICT 93-3 (FOOTHILL
MARKETPLACE)
Recommendation:
It is recommended that the City Council adopt the attached resolutions. The
first resolution will authorize the issuance of bonds, approve the forms of the
Bond Indenture, Bond Purchase Agreement and Preliminary Official
Statement. Also presented for your consideration is a resolution that specifies
the conditions for the prepayment of taxes within Community Facilities
District (CFD) 93-3. These actions are consistent with prior action of the City
Council, specifically the resolution establishing and forming the District (#93-
227) and the resolution declaring the necessity to incur bonded indebtedness
(#93-228) adopted on December 1, 1993.
Background:
The Community Facilities District consists of 13 parcels covering
approximately 31.93 acres as shown on the attached map. The District has been
formed to provide funds to acquire public improvements that are to be
completed in the District. Bonds are being sold to provide the funds necessary
to acquire the public improvements, which are detailed in the Engineer's
Report for the District.
The first resolution before the City Council will approve all formal terms and
conditions relating to the sale of bonds through the approval of the Bond
Indenture, and authorizes execution of the Bond Purchase Agreement on
behalf of the City. The second resolution before the City Council authorizes the
prepayment of the Special Tax obligation for parcels within the CFD and
establishes the formula for computing the amount of such prepayment.
This District was established by a vote of all of the affected property owners. It
is, therefore, recommended that the City Council adopt the attached resolutions
and proceed with the sale of bonds to acquire the improvements constructed in
this District.
Duane A. Baker
Assistant to the City Manager
BOUNDARIES
OF
COMMUNITY FACILITIES DISTRICT NO. 93-3
APPROVING FORMS OF ~ INDENTU~, BOND
AGREEMENT AND PRELMINARY OFFICIAL 8~ATra~T
C0r~JNIT[ FACILITIES DISTRICT NO. 93-3 (FOOTHIIL
WHERF~S, ~he CITY COUNCIL of ~ ~ (F
belr~ Crm~ar 2.5, Psr~ 1, Dlvisi~l 2, TlV/e 5 Of ~e (hv%z~srd: ~ of
~e StaEe of ~a~t...,~a (~tm '~") said 'C~mi
r~h all forum1 ~erms ~ om~t/xrs zs/r,.ln9 ~o
~, ~, h ~ ~il of ~ ~ of
end e..-'y i, nble in ~ .~ ~ 'r..he ~ isstanue
lgg4. ~ dsy o~ _
TIES DISTRICT NO. 93-3 (FOO~EU.L MI%RKETf~a~)
WI{EI~AS, the C~'n ~' of ~ ~a= ~ ~ ~,
~~y ~f~.
OOMXOWZ,Z,y/&QZLZTZII DZI'~IZe'Z, ~. t3-3
(Y~SZ~ ~ ~1)
Or ~ QZ~ OY ~0 ~~
~C~T:O~ O~ ~k~ 01 BIBC~ ~ OB~ZGATZO~
~e owner of 1arid located wi~iA Co~it~ Facilities Dis~ri~
No. 93-3 (Foo~ill Marke~ Place) (~e "Dls~ic~,) of ~e City of
]'~2~ =~2~=· ~: "~p"~ '"~ '~.~ ~o ~. ~.~ o~ ~.
Y P P Y P~enently satisfy ~e 8pe~ial Tax
'geeion applicable ~o su~ land ~ paying ~o ~e ~easurer of
~: ~a~rJr.;~.~.~ ~-~--~.~. ~,..~-...~.~.~ -. .- o, .~.
(a) ~e amo~ of any ~eZin~ent Special T~es previously
levi~ on such 1~, t~e~er with ~ ~nalties an~
interes~ ~eon ac~u~ =o ~e ~a=e o~ ptepa~t;
(b) The propor~ionate share of ~e outstanding ~nds of ~e
Dis=ric~ ello~le =o such land calculated as =ellswe:
(1) Divide the maxim~ Special Tax which me~ b levied
~nuelly on such lend by ~e aggregate maximum
Special Tax which ~ be levied a~ually on all
land within ~e District;
(a) Multiply ~e ~o~i~ ~e~lne~ ~ursu~t to (1)
a~ve times ~ ~ e~el ~ ~e =o~al
outstanding bonds Of ~e Dil~:iC~;
~ allowance for ~e r~p~ion pr~l~, uelculet~ ~
mul~iplying ~e red~p=i~n preml~ ~rc~age rimes ~e
propo~i~na~e shars ~ ~e ou=s~anding ~nds of ~e
Dis=ric~ silocable =o such land calcula=~ p~su~= =o
(b) a~ve;
(d) A fee, fixed by ~e District, for ~e cos~ of
~inistering ~e prspa~en= and ~e advanus reception
~f ~e ~nds of ~e Dls~lu= as e resul~ of such
~epa~t;
(e) In~es~ acc~ed to ~e r~ption ~te o~ ~e ~nds oZ
~e District ~o be redsad ~rom ~e proceeds ~ ~e
prepa~t;
(t) A credl~ ~or ~e resets ~und, it any, established ~or
~e bonds oZ ~he Dis~r~ct, such credit ~o ~ c=l~la~ed
by nult~plyinq the quotient de~e~ined pursuan~ to (b) (~)
above ~mes ~he amount on deposit in ~e resets tund on
~ne date oZ prepe~en~; and
a credi~ for special Taxes levied ror e~%ac~van= fiscal
year, pcs~sd to ~Ae ~ax roll ~nd 117 paid and
received by ~ha Dts~rtc~,
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 16, 1994
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Suzanne Ota, Community Services Manager
BY: Paula Pachon, Management Analyst II
SUBJECT: APPROVAL OF THE PARK AND RECREATION COMMISSION'S
RECOMMENDATION RELATING TO THE COMMISSION'S ADVISORY
COMMITTEES
RECOMMENDATION
TO approve the recommendations of the Park and Recreation
Commission relating to the Commission's Advisory Committees.
BACKGROUND
At the January 20, 1994 Park and Recreation Commission meeting,
the Commission reviewed the primary focus, accomplishments and
difficulties faced of the Bilingual, Seniors and Sports
Advisory Committees.
Outlined below is information reviewed by the Commission for
each subcommittee.
BILINGUAL ADVISORY COMMI'~-rmE
Primary Focus
o Primary agenda item at meetings where quorum was met was
"planning for annual Cinco de Mayo Celebration."
Accomplishments over Past Two Years
o Held successful community-wide special event for Cinco de
Mayo utilizing Old Town Park.
o Committee has expressed strong interest in planning for
Cinco de Mayo again this year. Many who resigned have
also expressed a willingness to help out even though they
cannot serve on the Committee.
CITY COUNCIL MEETING
PARK AND RECREATION COMMISSION'S ADVISORY COMMITTEES
February 16, 1994
Page 2
Difficulties Faced
o Has met only four times in the last year-and-a-half.
Last six regularly-scheduled meetings of the committee
were cancelled by the Commission due to lack of pressing
business.
o During the last year-and-a-half, four of the eight
committee members have resigned due to personal and
business commitments.
Staff Recommendations
o commission to consider restructuring the committee to
serve on an ad hoc basis to provide support for the
City's Cinco de Mayo celebration; to assist the
Commission as needed on items related to Community
Services Department classes, activities, services and
events and to increase involvement of non-English
speaking residents of our City in our programs.
o Recommend Commission and staff to solicit an ad hoc
committee. Staff can contact individuals who have
participated and expressed interest in the past.
o Commission to restructure the mission statement for the
committee to reflect its ad hoc basis.
o Commission to select two commissioners (1 regular, 1
alternate) to serve on the ad hoc committee.
SENIOR ADVISORY COMMI'~-r~E
Primary Focus
o Evaluate and provide recommendations to the Park and
Recreation Commission on Community Services Department
classes, activities, services and events involving the
senior citizen residents of our City.
Accomplishments over Past Two Years
o During August of 1992 a survey soliciting information
from seniors on senior activities and services (social
services, marketing, senior education/senior safety, day
trips and excursions, and programs, hand crafts and other
activities) was distributed at the Rancho Cucamonga
Neighborhood Center. Once data from the survey was
tabulated, the Committee reviewed the results of the
survey and developed subcommittees for further research
on items identified through the survey. The
subcommittees have recently completed their research and
recommendations are being developed for consideration by
the Park and Recreation Commission.
CITY COUNCIL MEETING
PARK AND RECREATION COMMISSION'S ADVISORY COMMITTEES
February 16, 1994
Page 3
Difficulties Faced
o With the exception of holiday months (November and
December) the committee has met consistently for the past
two years with the majority of the members present.
o Committee membership has remained fairly consistent.
Since April of 1992, only two members have resigned (one
resigned due to conflict of meeting date/time with work
schedule; one resigned due to health problems).
Staff Recommendatiom~
o Commission to authorize staff to advertise to refill
positions vacated by resignations.
o Commission to select two commissioners (1 regular and 1
alternate) to serve on committee.
SPORTS ADVISORY COMMITTEE
Primary Focus
o Field Allocation - Biannual
o Revision to Allocation Process
o Items directed by Commission
Accomplishments over Past Two Years
o Use Fee Review
o Light Fee Review
o Sports Field Master Plan
0 Sports Field Allocation Manual
Difficulties Faced
o Quorum - many times only in-season organizations attend.
Currently each organization has a representative
appointed to S.A.C. However, only one of the four at-
large representatives attends regularly.
Recommend either:
o Adjust quorum
o Reduce or delete at-large representatives by
having two commissioners serve as the at-large
representatives.
0 Other
o Issues - Currently there are no outstanding issues for
S.A.C.
CITY COUNCIL MEETING
PARK AND RECREATION COMMISSION'S ADVISORY COMMITTEES
February 16, 1994
Page 4
Staff Recommendations
o Meet only for allocations unless otherwise directed by
Commission
o Other
Based upon the information reviewed and discussed by the Park
and Recreation Commission, the following recommendations were
developed by the Park and Recreation Commission and are being
forwarded to City Council for approval:
Bilincn/al Advisory Comm~tte~
o Restructure the committee to serve on an ad hoc basis to
provide support for the City's Cinco de Mayo celebration
and as directed by the Commission.
Senior Advisory Committee
o No changes in the structure or meeting schedule
recommended.
o Authorized staff to advertise to refill positions vacated
by resignations.
o Appointed two commissioners to serve on the committee.
SDOrtS AdvisOry Committee
o Reduce the number of at-large representatives on the
committee from four to two.
o Meet only for field allocations unless otherwise directed
by the Commission.
o Maintain ~uorum of 50% of the membership present.
Respectfully submitted~
Comz~a ervices Manager
SO/kls
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 16, 1994
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Suzanne 0ta, Community Services Manager
SUBJECT: APPROVAL OF A RESOLUTION INCORPORATING PERSONNEL
CLASSIFICATION FOR PROGRAMMER AND AMENDING THE
LIBRARY SERVICES BUDGET FOR FY 1993/94
RECOMMENDATION
Staff recommends that the City Council approve a resolution
incorporating the Programmer classification for library
services for fiscal year 1993/94. It is also recommended that
the FY 1993/94 Library Services budget be amended by
appropriating $8,160 to cover personnel costs for the
Programmer position.
ANALYSIS
The Programmer classification is required to assist with the
development of the computer automation system for the new
Rancho Cucamonga Library. Library service personnel must be
included in City personnel classifications. These
classifications have been established consistent with the
existing classification system procedures. It is recommended
that this resolution be adopted for the Programmer
classification.
FISCAL IMPACT
The recommended budget appropriation for the Programmer
position is $8,160 which covers a ten-week period in FY
1993/94. The Progrsmmer will be required to attend Dynix
training for the library automation system and thereafter
assist with the development of the City Library automation
system. It is recommended that the City advance this
appropriation from anticipated FY 1994/95 Library Services
revenues by utilizing the Reserve Fund.
Respectfully submitted,
/~ ~o~lces
~e ' ' Manager
SO/kls
Attachment
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAM(}NC~A, CALIFORNIA, AMENDING RESOLUTION NO. 93-142A TO
INCORPORATE PERSONNEL CLASSIFICATIONS AND SALARY AND
BENEFITS FOR LIBRARY SERVICES POSITIONS FOR FISCAL YEAR
1993/94
WHEREAS, the City Council of the City of Rancho Cucamonga has
determined that it is necessary for the efficient operation and management of
the City that policies be established prescribing salary ranges, benefits, and
holidays and other policies for employees of the City of Rancho Cucamonga; and
WHEREAS, the City Council of the City of Rancho Cucamonga recognizes
that it competes in a marketplace to obtain qualified personnel to perform and
provide municipal services, and that compensation and conditions of employment
must be sufficiently attractive to recruit and retain qualified employees;
WHEREAS, the City Council has approved the transfer of City library
services from the County to the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga, California, as follows:
SECTION 1: Salary Ranges
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
{Monthly Amounts}
Control
Minimum Point
Class Title Step Amount Step Amount
Programmer 405 2,611 445 3,188
# Denotes Supervisory/Professional Class
PASSED, APPROVED, and ADOPTED this 16th day of February, 1994~
AYES:
NOES:
ABSENT:
Dennis L. Stout. Mayor
ATTEST:
Debra j. Adams, City Clerk
CITY OF RANCHO CUCAMONGA
STAFF REPORT ';-
DATE: February 16, 1994
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Brad Bullet, City Planner
BY: Cindy Norris, AICP, Associate Planner
SUBJECT: AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT FINAL
STATEMENT OF COb~4UNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE
OF FUNDS FOR THE 1992-93 PROGRAM YEAR - The proposed amendment
to the Final Statement will allow the transfer of $29,440,
originally designed for a contingency account, to ~he Home
Improvement Program.
Staff recommends that the City Council approve, by minute action, the
amendment to the Final Statement to allow the transfer of $29,440 from the
Contingency account to the Home Improvement Program.
ABSTI~CT
Cmmt~n~enc~ Account
Funds were originally set aside in this account, during the 1992-93 fiscal
year, for a possible day laborer referral site. However, recent State
legislation, SB 733, has resulted in making a City run day laborer referral
center infeasable at this time. Information regarding the new legislation is
provided in a memo to the Day Laborer Task Force from the Day Laborer
Subcommittee, see Exhibit
B~me Im~rovsmsnt Account
By the end of December of this fiscal year, a majority of the Home Improvement
funds will have been expended, enc~,mhered, or otherwise obligated, leaving
approximately $4,836 to carry the City through the remainder of the year.
Refer to Exhibit "Bs for a budget analysis.
Although the City has not advertised the Home Improvement Program for the last
four years, there has been a steady increase in the number of applicationa for
assistance, with a tremendous number of emergency recluests received after last
winter's harsh rains. In the last two Quarters of this year alone, the
of applications has more than doubled.
CITY COUNCIL STAFF REPORT
CDBG FUNDS FY 1992-93
February 19, 1994
Page 2
A number of factors are thought to be contributing to this increase: word of
mouth information abeut the program; aging of the housing stock; lower-income
homeowner's inability to afford routine maintenance and repairs; and the
previous year's inclement weather.
Increasing staff expertise and streamlining paperwork requirements have
resulted in increased efficiency in the number of households that can be
assisted, however, it is still not possible to meet the demands of the
program. At existing staffing levels, the program is able to complete an
average of 24 grants/loans in a year. Although, as shown in the timeline
provided in Exhibit "C," emergency grants typically take less time.
Currently, there are 38 single family and 32 mobile home applicants on the
waiting list. Approximately 25 to 35 new applications are received each year
and added to this list. Additionally, recent evaluation of the City's housing
stock has found that there are approximately 987 substandard owner-occupied
housing units in the City.
The majority of those assisted through the Home Improvement Program have some
type of special need in addition to being low income. Approximately 58
percent of those assisted are over the age of 55, with almost 30 percent of
those Over the age of 75. Others assisted include the mentally and physically
handicapped, female head of households, and large families. Exhibit "D"
provides a data su~nary of those who have been helped through the program
while Exhibit "E" provides an evaluation of overall comunity needs.
Redevelopment funds are impractical to use for this type of program because of
the 30-year affordability restrictions that would be placed on the assisted
unit.
AMAT~TSXS
The mission of the Home Improvement Program is to maintain the stock of
affordable housing in the City in a safe and habitable state. Additional
program goals are to foster neighborhood revitalization as well as to address
the individual needs of lower income and special needs households.
The City's Hcm~e Improvement Program provides assistance to low and very low
income single family or mobile home, owner-occupied households. Assistance
offered includss a maximum $25,000 deferred payments loan or $5,000 grant or
emergency grant. Typically, when completed, a unit must meet minimum Federal
Section 8 housing code criteria. An exception is provided in emergency
situations, in which case only the emergency conditions may be addressed.
Emergency conditions are addressed imediately, regardless of whether the
household was on the current waiting list. An emergency determination is
based upon an inspection by the Building and Safety Division and must
constitute a substantial threat to property and/or public safety and health
CITY COUNCIL STAFF REPORT
CDBG FUNDS FY 1992-93
February 19, 1994
Page 3
including such items as missing or severely damaged roof materials, exposed
electrical fixtures and sanitary disposal problems. Those in need of
emergency assistance often turn to the City for help, because insurance
companies, as a general rule, do not cover actual roof repairs, and in some
cases, the homeowners have been canceled from their insurance companies due to
conditions of their homes.
To date this year, the Home Improvement staff has:
Completed: 23 grants of which 12 were emergencies.
Obligated: 2 deferred payment loans.
In Review: 4 grants of which all were emergencies.
CTTYPA~TICI~IOM
The City's Citizen Participation Plan for the CDBG Program requires that,
prior to approving any change to the allocation Of CDBG funds that would add,
delete, Or change any CDBG project or funding allocation by 25 percent or
more, the public be notified and provided an opportunity to cou:nent on the
change. A public notice was published in the Inland Valley Daily Bulletin
newspaper on February 4, 1994. Upon consideration of the proposed transfer of
funds by the City Council under the Consent Calendar, the Citizen's
Participation requirements will be met.
City Planner
BB:UN:mlg
Attachments: Exhibit "A" - Day Laborer Memo
Exhibit "B" - Budget Analysis
EXhibit "C" - Staff Timeline
Exhibit "D" - Who Has Been Helped
EXhibit "E" - Comunity Heeds
CITY OF RANCHO CUCAMONGA
MEMORANDUM
DATE: December 14, 1993
TO:. Day Laborer Task Force
FROM: Day Laborer Subcommittee ~//L~ r_~,~
Councilmember William J. Alexande
Councilmember Rex Gutierrez '
SUBJECT: NEW LEGISLATION AFFECTING JOB CENTERS
This memo is to inform you of the recent passage of Senate Bill 733. This bill was recendy signed
by the Governor and is attached for your reference.
This new law would require each local government agency that provides employment services to
verify an individual's legal stares or authorization to work prior to providing services to that
individual. If the City were to proceed with a job center, this new law would alter past direction of
the Day Laborer Task Force and the Subcomminee.
If you recall, the original proposal for a job center would be for one that did not check an
individual's legal status. The reason for this stance was to maximize the effect of the job center in
getting day laboren off the sixeel and into the center. It was felt that if those without legal status
were excluded from the center, that they would continue to seek employment on the streets. If
these individuals were successful in gaining employment outside the center, it might attract
legitimate lsborers and employers away from the center and back to the sweet.
We have reviewed this legislation and its implications and have decided not to pursue a job center
option any further at this time. However, we suggest continued enforcement of the new ordinance
applicable to Day Laborers (No. 514). Should legislation change, or should conditions warrant
another look at this option, the Subcommittee will inform the Task Force.
If you should have any questions, please feel free to contact either Subcommittee member or Jerry
Fulwood.
WJA/RG/jls
Attachment
cc: City Council
Jack Lain, AICP, City Manager
Duane Baker, Assistant to the City Manager
Larry Henderson, Principal Planner
.SENATE BILL No. 733
Passed the Assembly September 11, 1993
Chief Clerk of the Assembly
Passed the Senate September 10, 1993
Secretary of the Senate
This bill was received by the Governor this
day of , 1992, at o'clock M.
Private Secretary of the Governor
CHAPTER
Russell
An act to add Sections 9601.5 and 9601.7 to the Unemployment
Insurance Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 733, Russell. Employment: unemployment insurance: employment
services.
Existing law does not provide procedures for government and private
agencies providing employment services to verify the legal status or
work authorization of every individual prior to providing services to
these individuals.
This bill would require each state or local government agency or
community action agency, or any private organization contracting with a
state or local government agency, that provides employment services,
including, but not limited to, job training, retraining, or placement,
to verify an individual's legal status or authorization to work prior to
providing services to that individual in accordance with procedures
established under federal law. It would specify that, for purposes of
these provisions, proof of legal status or authorization to work
includes, but is not limited =o, a social security card, immigration
51
visa, birth certificate, passport, or other valid document providing
evidence of legal residence or authorization to work in the United
States. IE would also specify that those provisions requiring
verification of an individual's legal sEa=us or authorization to work
prior to providing employment services shall not apply Eo employment
services offered by school districts under secondary school and adult
education programs.
This bill would require each state or local government agency or
community action agency, or any private organization contracting with a
state or local government agency, that provides employment services,
including, but not limited to, job training, re=raining, or placement,
pursuant Eo these provisions, to post in a prominent location in
workplace a notice stating that only citizens or =hose persons legally
authorized to work in the United States will be permitted to use the
agency's or organization's employment services =hat are funded by the
federal or state government, as specified.
This bill would provide that if any provision of =he bill or the
application thereof to any person or circumstances is held invalid, that
invalidity shall not affect other provisions or applications of the bill
that can be given effect without the invalid provision or application.
The people of the State of California do enact as follows:
SECTION 1. Section 9601.5 is added Eo the Unemplo~nnent Insurance
Code, to read:
9601.5. Each state or local government agency or community action
agency, or any private organization contracting with a state or local
government agency, that provides employment services, including, but not
limited to, job training, retraining, or placement, shall verify an
individual's legal status or authorization to work prior to providing
services to that individual in accordance with procedures established
under federal law. For purposes of this section, proof of legal status
or authorization to work includes, but is no= limited to, a social
security card, immigration visa, birth certificate, passport, or other
valid document providing evidence of legal residence or authorization to
work in the United States. This section shall not apply =o employment
services offered by school districts under secondary school and adult
education programs.
SEC. 2. Section 9601.7 is added to the Unemployment Insurance Code,
to read:
9601.7. (a) Each state or local government agency or community
action agency, or any private organization contracting with a state or
local government agency, that enters into an agreement with the
department to provide employment services including, but not limited
job training, re=raining, or placement, shall post in a prominent
location in the workplace, a notice stating that only citizens or those
persons legally authorized to work in the United States will be
permitted to use the agency's or organiza=ion's employment services that
are funded by the federal or state government
(b) The no=ice shall read:
NOTICE: Attention All Job Seekers
The Immigration and Reform control Act of 1986 (IRCA) requires that
all employers verify the identity and employment authorization of all
individuals hired after November 6, 1986.- A/1 employer is required
examine documents provided by the job seeker establishing identity and
authorization for employment in the United States. In addition, it is
a viola=ion of both state and federal law to discriminate against job
seekers on ~he basis of ancestry, race, or national origin. This
agency provides employment services funded by the federal or state
government =hat are available only to individuals who are United
States citizens or who are legally authorized to work in the United
States.
SEC. 3. If any provision of this act or the application =hereof to
any person or circumstances is held invalid, that invalidi=y shall not
affect other provisions or applications of the act which can be given
effect without the invalid provision or application, and =o this end the
provisions of this act are severable.
Approved , 1992
Governor
END OF REPORT
BUDGET ANALYSIS
Program Amount Prior Year New Funding Total FY Amount Loan/
Year Rec~uested Repro~ram Allocation Allocation Expended Grants
90-91 $ 8,000 $ 73,901 $ 80,000 $153,901 $145,245 1L/21G
91-92 $160,043 $ 8,658 $160,043 $168,701 $119,806 4L/12G
$ 50,0001
92-93 $214,032 $112,1532 $214,032 $326,185 $202,698 2L/14G/SE
93-94 $234,470 $149,6403 $ 56,940 $206,580 $140,753 2L/llG/16E
1550,000 reprogramed from Historic Preservation.
2Carry Over of $1J2,153 includes $13,260 in program income.
3Carry over of $149,640 includes $37,561 in program income.
* AS of December 31, 1993, a total of $140,753 has been expended or encumbered from
the FY 1993-94 allocation. Of the remaining funds, $40,720 is obligated for
salaries for the year, leaving $25,107 for actual home improvements.
Of the project assessments that are in progress, in which inspections and/or bids
have been obtained but no funds have been obligated, estimated costs are $20,271.
* 1~erefore, a total of $4,836 in unob~t~ated fund~ rmEa~ to ~art~ the City
through the remainder of the yex.
EXHIBIT B
H.I.P. EMERGENCY GRANT
I HOUR 2 HOURS 2 HOURS 5 HOURS 1 HOUR 20 HOURS 5 HOURS
APPLICATION VERIFICATION - In the case of an emergency, usually there is only time to do a cursory income verification.
The verification usually takes place at the same Itme that we are doing the initial inspection. It involves looking at check
slubs, tax returns, bank statements, etc.
INITIAL INSPECTION - Building Rehab. Specialist and Home Improvement Staff do joint inspection. H.I.P. staff obtains
applicable signatures and lakes photographs. Building Inspector does thorough inspection. Emergency is determined
8I this time.
BIDS - In emergencies, we forego the usual formal bid write-up and two-week return time. Bids are usually obtained
by telephone using reputable contractors we have previously done business with. We know that they carry the proper
Insurance to be Included In our program.
CONTRACTS - Contracts are wdtten and contractor and owner signatures are obtained. In emergencies, we forego the
Pro-Construction meeting. Authorization to Proceed Is Issued. Requisitions are Initiated.
PROGRESS INSPECTIONS - Progress Inspections are conducted after each phase of woW, Is completed. Progress payments
are made to contractor.
FOLLOW-UP - Informational telephone cells between contractor and homeowner. Make sure file is complete.
FINAL INSPECTION - Documentation photographs are taken, labor and material releases are obtained and all paperwoW,
Is finsled.
.r Average length of time to complete I Emergency Grant from beginning (Application Verification) to complellon Is
approximately several days to 2 weeks . It takes approximately 36 staff hours to complete I Emergency Grant.
P
~1 Page I "
H.I.P. GRANT TIMEUNE
2 HOURS 20 HOURS 3 HOURS 10 HOURS 15 HOURS 20 HOURS 5 HOURS 10 HOURS
WAITING LIST - Appllcallon sent. Application received. If eve~fthing locks O.K. (income, etc.), log application in Log book.
If lhere are major omissions or If Information does not check out, give applicant a call to verify information. Applicallon
could be denied at this time. If application is denied, log in "Ineligible Applications' log and send applicant letter stating
reason for denial. If application accepted, send letter stating applicant is on the list.
APPLICATION VERIFICATION - Verify all applicable information on application; income, historic slgnficance. FIocd Plain
determlnalion, ownership, etc. Case file Is begun at this time.
INITIAL INSPECTION - Building Rehab. Specialist and Home Improvement Staff do Joint inspection. H.I.P. staff oblains
applicable slgnalures and takes photographs. Building Inspector does thorough Inspection.
BID WRITE-UP - Work Description is obtained from Building Inspector. Bid Specifications are written and sent out to bid.
Btd comparisons are compleled, procf of sonlractors Insurance and eligibility determined. References are checked and
bid Is awarded.
CONTRACTS - Contracts are written and contractor and owner signatures are obtained. Pre-construction meeling is held
and Authorization to Proceed is issued. Requisitions are Initiated.
PROGRESS INSPECTIONS - Progress inspections am conducted after each phase of work is completed. Progress payments
are made to contractor.
FOLLOW-UP - Informational telephone calls between contractor and homeowner. Make sure file is complete.
FINAL INSPECTION - Documentation photographs are taken, labor and material releases are obtained and all paperwork
Is flnaled.
Average length of time !o complete I Grant from beginning (Application Verification) to completion Is
approximately 3 monlha. It takes approximately 85 slaff hours to complete I Grant.
Pt
H.I.P. LOAN TIMEUNE
2 HOURS 20 HOURS 3 HOURS 10 HOURS 5 HOURS 15 HOURS 20 HOURS 5 HOURS 10 HOURS
WAITING LIST - Application sent. Application received. If everything looks O.K. (Income, etc.), log application in Log book.
If there are major omissions or if Inlormation does not check out, give applicant a call to verify information. Application
could be denied at this time. If application is denied, log in 'Ineligible Applications' log and send applicant letter stating
reason for denial. If application accepted, send letter stating applicant is on the list.
APPLICATION VERIFICATION - Verify all applicable information on application; income, historic signficance. Flood Plain
determination, ownership, etc. Case file is begun at this time.
INITIAL INSPECTION - Building Rehab. Specialist and Home Improvement Staff do Joint inspection. H.I.P. staff obtains
applicable signatures and takes photographs. Building Inspector does thorough inspection.
BID WRITE-UP - Work Description is obtained from Building Inspector. Bid Specifications are wrilten and sent out to bid.
Bid comparisons are completed, proof of contractors insurance and eligibility determined. References are checked and
bid Is awarded.
BANK LOAN DOCUMENTS - Arrange tiUe search, fee schedule, etc., with bank. Arrange meeting wilh notary for contract
signing. Have Deed recorded by Count/.
CONTRACTS - Contracts are written and contractor and owner signatures are obtained. Pre-ccnstruction meeting is held
and Authorization to Proceed is issued, Requisitions are initiated.
PROGRESS INSPECTIONS - Progress inspections are conducted after each phase of work is completed. Progress payments
are made to contractor.
FOLLOW-UP - Informational telephone calls between conlraclor and homeowner. Make sure file is complete.
FINAL INSPECTION - Documentalton photographs are taken, labor and material releases are obtained and all paperwork
is fineled.
Average length of time to complete 1 Loan from beginning (Application Verlftcallon) to completion Is
approximately 6 months. I1 takes approximately 90 slaff hours to complete I Loan.
WHO HAS BEEN HELPED
The majority of those assisted through the Home Improvement Program have some
type of special need in addition to being low income. Approximately 68
percent of those assisted are over the age of 55, with almost 30 percent being
over 75. Others assisted include the mentally and physically handicapped,
female heads or households, and large families.
* By far, the majority of units assisted through the program have been
mobile homes. A total Of 77 percent of the funds expended have been on
mobile homes.
* The majority of those in mobile homes needing our help are the very low
income elderly who are often barely able to afford food and utilities and
as a result have not been able to take care of routine maintenance.
* Because of the limited funds available to the program, the City has been
able to assist a greater number of households through the provision of
grants. The maximum grant provided to a mobile home is $5,000, which is
often enough to complete all necessary repairs. Whereas, single family
homeowners requesting assistance often have such tremendous problem that
at least the maximum loan amount is required to complete basic repairs.
EXHIBIT D
CO~4UNITY NEEDS
A Needs Assessment prepared for the CHAS, based on 1990 Census data, has found
that the City has a large and growing population that is in need of housing
rehabilitation assistance. Those with lower incomes are often forced to
forego routine maintenance on their homes in order to meet other basic
necessities such as rent, food, utilities, and medical costs. The following
is a summary description of the identified needs in the City:
* 21.3 percent of the City's households have incomes below 80 percent of
the area median. A total of 15 percent, or 3,634 of owner occupied
households have incomes below 80 percent of the area median.
* 53 percent of all elderly homeowners have incomes below 80 percent of the
area median and 28 percent have incomes below 50 percent of the median.
* 64 percent of all very low and low income homeowners pay more than 30
percent of their income on housing.
* 74.7 percent of all elderly households pay more than 30 percent of their
income on housing and 45.8 percent pay more than 50 percent of their
income on housing. A total of 46.6 percent of elderly homeowners pay
more than 30 percent of their income on housing.
* 46 percent of large families have incomes below 80 percent of the median
with ~7 percent having income below 50 percent of the median.
* 9.2 percent of all households in the City are single parent families of
which 7 percent are headed by females. Of these female-headed
households, 18.8 percent have incomes below poverty level.
* Generally, it is found that for all age categories, females have the
greatest percentage of persons below poverty level with the highest
proportion, 11.1 percent, found for women 65 years and older.
* A disproportionate a-~unt of minority households have lower incomes when
compared to the City 21.3 percent) as a whole. In 1990, 28 percent of
all Black, 27 percent of all Hispanics, and 26 percent of all Asian and
Pacific Islanders had incomes below 80 percent of the area median.
* 29.8 percent of large, owner-occupied Hispanic households are very low
income, which is more than double the number of largo, very low income
household (12 parcent) for the City as a whole.
* 48.9 percent of minority households experience some type of housing
problem as compared to 39 percent of the City as a whole.
EXHIBIT E
CO~UNITY NEEDS
Page 2
There are an estimated 2,050 substandard units in the City, of which
approximately 1,701 are suitable for rehabilitation. A majority of these
units are occupied by low and very low income individuals. Approximately
987 of the substandard units are owner occupied.
As a result of the economic events in the last several years, it is likely
that the number of lower income families has gown in this City and that a
greater n-~her of units have fallen into disrepair.
EXHIBIT
61
CITY OF RANCHO CUCAMONGA
STAFF REPORT
TO: Mayor and Members of the City Council 1,~'
Jack Lam, AICP, City Manager
FROM: Brad Buller, City Planner
BY: Anthea M. Hartig, Associate Planner
SUBJECT: CONSIDERATION OF MILLS ACT AGREEMENT 93-03 - ROBERT AND BARBARA
YELLEN - Approval of a Mills Act Contract with Robert and Barbara
Yellen for the restoration of the Goerlitz House, a designated
local landmark, located at 6156 Hellman Avenue, Rancho Cucamonga -
APN: 1062-381-08
Staff recomends that the City Council approve Mills Act AgTeement 93-03 between
the City of Rancho Cucamonga and Robert and Barbara Yellen to implement a
reduction in property tax on their historic property, the Goerlitz House.
BACI~MO~ND
In August of 1988, the Council approved incentives that would encourage and
promote the preservation and restoration of the City's historic and architectural
resources. The Mills Act allows for the owner of a designated landmark to
realize property' tax reductions upon entering into a preservation contact with
the City. The successful initiation of this agreement would mark the City's
seventh use of the Mills Act to help property owners in their preservation
efforts. Because the City's share of the ~-~unt of property taxes collected is
small, the annual loss to the City is less than $100 per contract.
The Goerlitz House is truly an Unique architectural contribution to the City,
being designed over ninety years ago in a mixture of Italian Renaissance and
Beaux Art styles. Built for the Charles Thorpe Family in 1901, the Goerlitz
F~m~ly purchased the house shortly thereafter in 1910. The Council designated
the Goerlitz House as a local Lanam~rk on September 16, 1987.
The City COntinues to provide incentives to owners of historic buildings for the
preservation of these community resources and the use of the Mills Act is an
important tool in these efforts.
Respec
'lanner
BB:AMH/jfs
/
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 16, 1994
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Brad Buller, City Planner
BY: Anthea M. Hartig, Associate Planner
SUBJECT: CONSIDERATION OF MILLS ACT AGREEMENT 93-04 - ROY AND MINA LA PARRY
- Approval of a Mills Act Contract with Roy and Mina La Parry for
the restoration of the Albert House, a designated local landmark,
located at 10323 19th Street, Rancho Cucamonga - APN: 202-201-54
Staff recolends that the City Council approve Mills Act Agreement 93-04 between
the City of Rancho Cucamonga and Roy and Mina La Parry to implement a reduction
in property tax on their historic property, the Albert House.
BAC3~I~3~MD
In August of 1988, the Council approved incentives that would encourage and
promote the preservation and restoration of the City's historic and architectural
resources. The Mills Act allows for the owner of a designated landmark to
realize property. tax reductions upon entering into a preservation contact with
the City. The successful initiation of this agreement would mark the City's
eighth use of the MAlls Act to help property owners in their preservation
efforts. Because the City's share of the amount of property taxes collected is
small, the annual loss to the City is less than $100 per contract.
The home Henry Albert had constructed for his family in 1904 remains One of the
more beautiful representations of the Queen Anne Victorian style of architecture
in the region. The Council designated the Albert House as a Landmark on February
18, 1987. The La Parry family uses the historic home beth as a residence and as
a business, operating a beuticlue on the first floor.
~ONClllSlON
Use of the Mills Act continues to be an important tool in our efforts to continue
providing incentives to owners of historic buildings for the preservation of the
co~m/nity's rich cultural heritage.
Respeci
er
City Planner
BB:AMH/jfs
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 16, 1994
TO: Nayor and Nambers of the City Council
Jack Lam, AICP, City Manager
FROM: Will Jam J. O'Neil, City Engineer
BY: Shel 1 ey Naddox, Engl neeri ng Ai de
SUBJECT: RELEASE OF A REAL PROPERTY I~ROVEMENT CONTRACT AND LIEN
AGREEMENT RELEASING 8575 BELLA VISTA ROAD, LOCATED ON THE SOUTH
SIDE OF BELLA VISTA ROAD, WEST OF CARNELIAN STREET, SUBMITTED BY
EDWARD C. AND ROXANA M. CORDOZA
RECOIIEMI)ATI011:
It fs recoanended that the Council adopt the attached Resolution releasing
8575 Bella Vista Read, and authorizing the Nayor to sign said release and the
Ctty C~erk to record same.
BACXGROUND/ANALYSIS
A Real Property Improvement Contract and Lien Agreement was approved by
Council on February 1, 1989, and recorded on March 10, 1989 as Document No.
89-087028 in the office of the County Recorder, San Beroardino County,
Californta. The agreement was for off-site street improvements. This portion
of Bell a Vista Road was declared a private street on May 16, 1990, exempting
this property from off-site street improvement requirements. Therefore the
lien is no longer required.
City Engineer
WjO:SM:dlw
Attachment
RESOLUTZO, ,0. 0..)'7
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY
IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM 8575 BELLA
VISTA ROAD
WHEREAS, the City Council of the City of Rancho Cucamonga adopted
Resolution No. 89-044 accepting a Real Property Improvement Contract and Lien
Agreement from Edward C. and Roxana M. Cordoza; and
WHEREAS, said Real Property Improvement Contract and Lien Agreement
was recorded in Official Records of San Bernardino County, California, on
Hatch 10, 1989 as Document No. 89-087028; and
WHEREAS, said Real Property Contract and Lien Agreement is no longer
required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Rencho Cucamonga does hereby tel ease said Real Property Improvement Contract
and Lien Agreement and that the City Clerk shall cause Release of Lien to be
recorded in the office of the County Recorder of San Bernardino County,
California.
N
CITY OF . ~ ~.~ ~
'RANCHO CUCAMONGA Trr~ 8~7~ ~.,.~ ~ ~o~,~
DI'GDII/ItDi(I DI'VI~0NF,Z!tIBI~. "~"
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 16, 1994
TO: Mayor and Members of the City Council
Jack Lam, AICP, CIty Manager
FROM: Wtll tam J. O'Netl, Ctty Engineer
BY Dan James, Senior Civil Engineer
SUBJECT: APPROVAL OF GRANT OF EASEMENT FOR STOI~4 DRAIN PURPOSES FROM
SOUTHERN CALIFORNIA EDISON TO THE CITY OF RANCHO CUCANONGA AND
AUTHORIZATION FOR THE CITY ENGINEER TO EXECUTE THE SANE FOR A
STOl~q DRAIN REQUIRED OF THE ADULT SPORTS PARI( EXPANDED PARI(ZNG
LOT PROJECT
RECIIItIDATIOII
It Is recommnded the City Council approve the subject easement and authorize
the City Engineer to execute the same.
BKXGROUND/NIN. YSIS
As part of its improvements the Adult Sports Park Expanded Parking Lot Project
wt11 be constructing a public storm drain facility. This storm drain will be
utilized by both this project and future development tn the area, The storm
dratn is of a public benefit and as such all easements should be accepted by
the Cl
The storm drain system betng tnstslled ts indicated on attached Exhtbtt "A",
The portion of the subject easement to be granted from Southern Cal tfornla
Edtson is wtthtn the future extension of Jack Benny Drive,
Normally easement documents are accepted by the CIty Engineer without Counctl
approval. However, since Edison has placed certain conditions on this
easement, the Ctty Attorney recoaeended Ctty Council authorize the CIty
Engineer to execute the easement. The conditions are standard for Edtson
easements of this nature, Basically they place restrictions durtng
construction and acknowledge the construction and maintenance of the factltty
to be the responsibility and liability of the City,
Respectful 1
Will lam J.~l'
City Engineer
WJO:Dj:dlw
Attachment
ROSA I I 0 S.C.E.
FUTURE 41l" DIA, 18' WIDE CONSTRUOTI 2N
'LU R,O.P, STORM DR# AND 6RADIN6 EA8EMENT
::~ lED CONCR 8WALE
,.
lu
~-
OSED 4s' DIA,
R.O.P. STORM DRAIN
I 0 g "
CAt.
RANCHO CUCAMONGA ADULT SPORTS !SISON
~ PARK
ekat~Jek~ · ~,, PROPOSED PARKING LOT
PROPOSED 4leOlA,
.O.P. STORM DRAIN
I ' I r
P:R0 ' WIOII STORM DRAIN BASEMENT~ PROPOSED
I EET DEDIOATION .
DOWNEY, CHARLES B. I 0 ? S.CJ~. . m~ r~Ts
JACK BBNNY _ ~Y_.DRIVE ).
&C. EP/SCA/
PROPOSED IO'WIDE
STORM DRAIN EASEMI
WANG, CHEN-LU & LU I OG LOPEZ-BLANCO
EXHI&IT 'A' .
ir.~l ·
CITY OF RANCHO CUCAMONGA :
STAFF REPORT
DATE: February 16, 1994 ~
TO: Mayor and Hembets of the City Council ~!
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY Will te Valbuena, Assistant Engineer
SUBJECT: APPROVAL OF HAP, SUNMARY VACATION OF EXCESS STREET RIGHT-OF-WAY
AT THE SOUTHEA.ST CORNER OF SPRUCE AVENUE AND CHURCH STREET AND
ORDERING THE ANNEXATION TO LANDSCAPE HAINTENANCE DISTRICT NOS. 4
AND STREET LIGHTING HAINTENANCE DISTRICT NOS. 1 AND 4 FOR PARCEL
HAJ~ 14331, LOCATED AT THE NORTHEAST CORNER OF SPRUCE AVENUE AND
FOOTHILL BOULEVARD, SUBMIllED BY LEWIS HONES
RKClll~MIklTION
It is recommended that the City Council adopt the attached Resolutions
approving Parcel Nap 14331, sugfnartly vacating excess street right-of-way at
the southeast corner of Spruce Avenue and Church Street and ordering the
Annexation to Landscape Natntenance District No. 4 and Street Lighting
Maintenance District Nos. 1 and 4 and authorizing the Nayor and the City Clerk
to cause said vacation and map to record.
BAIXGROUND/AHN. YS IS
Tentative Parcel Nap 14331, located at the northeast corner of Spruce Avenue
and Foothal Boulevard, in the Office Park (OP) designation of the Tetra Vista
Planned Community, was approved by the Planning Coanlssion on Apt11 14, ].993
for a subdivision of 25 acres into two parcels.
The Developer, Lewis Homes, is submitting a cash bond for the setting of the
monuments in the following amount:
Monumentatton Cash Bond: $2,500.00
Lewis Homes is also requesting that the City vacate an excess portion of
street right-of-way at the southeast corner of Spruce Avenue and Church Street
(see Exhibits "C" and 'D"). As a result of the Plan Check process, it was
determined by staff that the excess right-of-way was not necessary. On
January 26, 1994, the Planning Cofimntsston found the vacation to be consistent
with the General Plan.
CIl~f COUNCIL STAFF REPORT
PM 14331 - LEWIS HOMES
February 16, 1994
Page 2
Section 8334a of the Streets and Highways Code states that 1 ocal agencies may
summarily vacate (by resolution) an excess right-of-way of a street which is
no longer required for street and r~ ated purposes.
The missing publ Ic improvements adjacent to the property will be constructed
upon development of the site. The Consent and Waiver to Annexation form
signed by the Developer is on file in the City Clerk's office.
Respectfully ~tte ,,~
William J. O'N~
City Engineer
WjO:WJO:dlw
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 14331
WHEREAS, Tentative Parcel Hap Number 14331, submitted by Lewis Homes
of California, Subdivider, and consisting of 2 parcels, located at the
northeast corner of Spruce Avenue and Foothill Boulevard, was approved by the
Planning Conm~ission of April 14, 1993, as provided in the State Subtdivison
Hap Act and is in compl lance with the requirements of Ordinance No. 28 of said
City; and
WHEREAS, Parcel Hap Number 14331 is the final map of the division of
land approved as shown on said Tentative Parcel Hap; and
WHEREAS, all of the requirements established as prerequisite to
approval of the final map by the City Council of said City have now been met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF P~ANCHO CUCAJ~ONC~A
HEREBY RESOLVES as loll ows:
1. That the Final Hap be approved and the City Clerk is autorized
to execute the certificate thereon behalf of said City; and
2. That said Parcel Hap No. 14331 be and the same is hereby
approved and the City Engineer is authorized to present same to
the County Recorder to be filed for record.
71
RESOLUTION NO. ~(, C)o,,),,~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Pu~NCHO
CUCAMONGA, CALIFORNIA, SU~t4ARILY ORDERING THE VACATION OF
EXCESS STREET RIGHT-OF-WAY AT THE SOUTHEAST CORNER OF
SPRUCE AVENUE AND CHURCH STREET
WHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and
Highway Code, the City Council of the City of Rancho Cucamonga is authorized
to sun~arily vacate a portion of a street or highway as excess right-of-way
herein more parttculaMy described; and
WHEREAS, the City Council found all the evidence submitted that said
portions of streets are no 1 onger required for street or highway purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga as loll ows:
SECTION 1: That the City Council of the City of Rancho Cucamonga
hereby ma~rder vacating said portions of street as shown on Map V-128
marked Exhibit "A", on file in the office of the City Clerk of the City of
Rancho Cucamonga, which has been further described in a legal description
which is attached hereto, marked Exhibit "B", and by reference made a part
thereof.
SECTION 2: The subject vacation shall be subject to the reservations
and excep~ any, for existing utilities on record.
SECTION 3: That from and after the date the resolution is recorded,
said excess r's r"~--of-way no 1 onger constitutes portions of said street.
SECTION 4: That the City Clerk shall cause a certified copy of this
resolution to ~ recorded in the office of the County Recorder of San
Bernardino County, California.
SECTION 5: ~at the City Clerk shall certify to the passage and
adoption of this resolution, and it shall therupon take effect and be in
force.
i A I~DIUS OF 2,4"~4.00 FElT THROUGH hq'llCH A R~DIAL LINE ~ NOR~
2 24'3e'09' ~T~ ~ ~S~Y ~ ~D C~ ~U~ A C~
3 ~ OF 00*54'53", ~ ~ ~ OF 39.18 ~ ~ ~ ~GZ~I~ OF
4 A ~g ~Uhvs C~ SO~Y ~ A ~laS 0F 24.00 ~
5 ~ ~l~ A ~ LI~ S~ ~ 25~33'03· ~T,
7 ~ ~ OF 40.68 ~ ~ ~ ~ ~l~ OF MGI~T~.
8
9 P~P~D BY ~ ~ ~S, l~. OF ~ l~
10 J~T 4, 1994
11 J.X. 126-1026S
12 G/Jg
13
15 ~, A ~GIS~D C~L ~I~ ll ~ ~ OF ~l~.
18 J. I. 14814
20
21
22
RESO UT:ON' 03 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCA~4ONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.
4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4
FOR PARCEL MAP 14331
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has previously formed a special maintenance district purse,ant to
the terms of the "Landscaping and Lighting Act of 1972", being Division 15,
Part 2 of the Streets and Highways Code of the State of California, said
special maintenance dlstrtct known and designated as Landscape Maintenance
District No. 4, Street Lighting Maintenance Dtstrtct No. 1 and Street Lighting
Maintenance District No. 4 (hereinafter referred to as the "Maintenance
District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the
"Landscaping and Lighting Act of 1972" authorize the annexation of additional
territory to the Maintenance DIstrict; and
WHEREAS, at this time the City Councll is desirous to take
proceedings to annex the property described on Exhibit "A" attached hereto and
incorporated herein by this referenced to the Maintenance DIstrict; and
WHEREAS, all of the owners of property within the territory proposed
to be annexed to the Maintenance District have flied with the City Clerk their
written consent to the proposed annexation without notice and hearing o~
filing of an Engtneer's "Report".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are all true and correct.
SECTION ~: That this legislative body hereby orders the annexation
of the property as shown in Exhibit "A" and the work program areas as
described in Exhibit "B" attached hereto to the Maintenance DIstrict.
SECTION 3: That all future proceedings of the Maintenance District,
including the'~of all assessments, shall be applicable to the territory
annexed hereunder.
EXHIBIT 'A'
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT N0.4
STREET LIGHTING MAINTENANCE DISTRICT NO S. I AND 4
.. - CITY OF RANCHO CUCAMONGA
EXHIBIT 'B'
WO~t)( PROGPJUq
PRO~ECT: PARCEL HA.° 14331
STREET LIGHTS:
NUMBER OF LAMPS
Dist. 5800L 9500L 16~000L 22~000L 27~500L
S1
S4
LANDSCAP I NG:
Community
Equest,
Trail Turf Non-Turf Trees
Dtst. D.G.S.F. S.F. S.F. Ea.
L4
ASSESSMENT UNITS:
Assessment Units
By District
Parcel Acres S1 S4 L4
I 2.202 0 0 .55
2 72.835 0 0 ~; .71
Form Date 2/18/93
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 16, 1994
TO: Hayor and Members of the City Council
Jack Lam, AICP, City Hanager
FROM: Will Jam J. O'Neil, City Engineer
BY Hante Proschef, Public Works Engineer
SUBjECT: RECOHNENDATION TO REJECT ALL PROPOSALS RECEIVED FOR THE
RESURFACEMENT OF TRAFFIC BEARING DECK/PARKING STRUCTURE AS NON-
RESPONSIVE
Staff and City legal council recam~end that all proposals received for the
Resurfacing of Traffic Bearin9 Deck/Parking Structure be rejected as non-
responsive and authorize the readvertising for proposal s.
BAIXGI~IINI)/AIIALYSIS
Proposal s were received and publ lcally opened on February 8, 1994 at 2:00 p.m.
for the subject project (parkin9 lot located directly east of the Civic
Center). Upon review of the proposal s by staff it appeared that the apparent
lowest bidder and the apparent second lowest bidder proposals did not comply
with the proposal requirements. Staff conferred with legal council and legal
council concurs that it would be in the City's best interest to reject all
proposals as non-responsive and readvertise for proposals. A surfmary of
proposals received is attached for City Council review.
Respectfully submitted,
William J. O'tletl
City Engineer
WjO:NP:dlw
Attachment
CITY OF RANCHO CUCAMONGA
SUMMARY OF PROPOSALS
RESURFACING OF TRAFIC BEARING DECK/PARKING STRUCTURE
DATE: FEBRUARY 8, 1994 ENGINEERS'S ESTIMATE: $160,000.00 Page I of 2
Ladher Coatings D.V. Troyer Company Hansleg Systems Inc.
Item llcm Unitof F~timalr. d Unit Arenora Unit Amount Unit Amounl
1. Wearing surface coat (including
coves) including all under
exccptjoint and crack scaling SF 50,0G0 $2.55 $127,500.00 $3.36 $168,000.00, $3.179140000 $158,957.00
2. Double-Texture lop coat only SF 10,0O0 $0.24 $2,400.00 $0.49 $4,900.00 ! $0.691200000 $6,912.00
3. Clean, prime and treat visible
hairline cracks 1]16" or less LF 2,000 $0.22 $440.00 $0.00 $1.480000000 $2,960.00
4. Route, caulk and Ueat cracks
and joints over I]16' LF 2,000 $0.95 $1,900.00 $0.00 $2.360000000 $4,720.00
5. RelBove ex~ljllg C~dk, tieall
andresealcomsoljoints LF 10,0GO $1.22 $12,200.00 $0.40 $4,000.00 $2.910000000 $29,100.00
6, Remove, store and
ginswall concrete wheel
stops, iac!ak4~ng pteiwatlon
and epoxy adhesive. EA 110 $10.25 $1,127.50 $21.00 $2,310.00 $27.272727273 $3,000.00
7. Stairwell uead wearing surface
coat, including all under coats SF 3.50 $2.85 $997.50 $4.00 $1,400.00 58.271428571 $2,895.00
Proposal Totals $146.565.00 $180,610,00 $208.544.00
CITY OF RANCHO CUCAMON(~A
SUMMARY OF PROPOSALS
RESURFACING OF TRAFIC BF, ARING DECK/PARKING STRUCTURE
DATE: FEBRUARY 8, 1994 ENGINEERS'S ESTIMATE: $160,000.00 Page 2 of 2
Pacific Waterproofm Applied WaterproofinI Murphy Industrial Coa~ags
Itun lt~m Unit of Pqimatcd Unit Amom Unit Amoun. Unit Amount
!, Wearing surface coa~ (including
coves) including all under coats,
surface prcparafion and ginovals,
except joint and crack scaling SF 50,000 $3.60 $180,(~0.00 $3.882 $194,100.00 $3.00 $1.50,000.00
2. Doublc-Texturc ~op coat only SF 10,000 $1.00 $10,000.00 $0.90 $9,0(]0.00 $2.00 $20,000.00
3. Clean, prime and Izcat visiblc
hah'linc cracks !/16' or le~ LP 2°000 $1.00 $2,000.00 $0.75 $1,500.00 $3.~0 $6,000.00
4. Routc, caulk and treat cracks
and joints over 1/16' LF 2,000 $2.50 $5,000.00 $1.50 $3,000.00 $4.00 $8,000.00
5. Remove cxisdng caulk, clean
andrescalconuoljoints LF 10,000 $1.65 $16,500.00 $1.80 $18,000.00 $6.94 $69,400.00
and cpoxy adh~ivc. F..A 110 $80.(]0 $8,800.00 $20.(]0 $2,200.00 $50.00 $5,500.00
7, Stairwell trcad wearing surface
~ including all undu coats SF 350 $7.00 $2,450.00 $4.00 $1,400.00 $4.00 $1,400.00
Prop~al TotaM $224,750.00 $229v?.oe,oe $260,300.00
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: Febwan, X6, X994
TO: Chairman and Members of the Redevelopmerit Agency
FROM: Rick Gomez, Community Development Director
BY: Tarry L. Smith, Community and Park Development Supt.
SUBJECT: APPROVAL TO EXECUTE A MAINTENANCE EASEMENT AGREEMENT WITH
CUCAMONGA WATER DISTRICT FOR THE MAINTENANCE OF A WATER
LINE TO BE CONSTRUCTED ON THE SPORTS COMPLEX EXPANDED
PARKING LOT PROJECT.
~ION:
To approve and execute a maintenance agreement with CCWD for the
maintenance of the water line to be constructed as part of the
Sports Complex Expanded Parking Lot Project.
BACKGROUND:
This proposed easement will allow CCWDto enter the property of the
Sports Complex Expanded Parking Lot to construct, maintain,
replace, install, repair, alter etc., the water line to be
;::2,,., .. ,.., 0, ,,..0..,...,,
Ri/k o/~
Co~unit Development Director
RiY
__I.FOOTH~LL BOULEVARDS& I MAP TO ACCOMPANY
i j LEGAL DESCRIPTION
UNE LOT 109
- 500'08'57* W
103.88'
__ Pk~C~L 'r
F-.,,,T.;' ~ N89' 46' 15" E. 959.04'
:;;;) WESTERLY LINE <~ 21.21'
0' '~" LOT109 "'
~ ~ ·
o
VACATI~ PER
>' INS"TRUMDIT REC. DEC. 18,
:: 1936 BOOK 1177 PC. 320 O.R.
~ NORTHERLY UNE LOT 108 t S44'46'1~"W
o
"' PA.RCIL 'I" ~
'"""""LOT 108
SOUTHERLY UNE OF N. 1/2 LOT 108
ARROW ROUTE ~
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 16, 1994 '~
TO:. Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Duane A. Baker, Assistant to the City Manager
SUBJECT: APPROVAL OF AGREEMENT WITH CLAIMANTS ASSOCIATED WITH
COMMUNITY FACILITIES DISTRICT 88-2 (DiIORIO) REGARDING THE
SALE OF BONDS AND THE DISBURSEMENT OF FUNDS
Recommendation:
It is recommended that the City Council authorize the Mayor to execute an
agreement relating to the disbursement of funds in Community Facilities
District (CFD) 88-2. The agreement that is to be executed is an Agreement for
Disbursement and Release of Certain Claims.
Background:
By a previous vote of the property owners in CFD 88-2, the District was
authorized to sell bonds to fund certain capital improvements. The amount of
these bonds were not to exceed four million dollars ($4,000,000). At this time a
substantial number of these capital facilities have been completed. To fulfill
the purpose of this District, the time has come to sell bonds and reimburse the
developer, The Caryn Company, for a portion of their costs associated with
constructing the facilities.
While the developer has substantially completed the facilities, they have not
been able to pay all of their creditors. Because of this fact, some of the
creditors have flied legal actions and were clouding the potential sale of bonds.
Also, because of the economy, some of the other residential developers in the
District have become delinquent with their taxes which also makes it difficult
to sell bonds.
To resolve these issues, the City has been engaged in discussions with the
developer and with several parties who have claims against the developer.
These discussions were to insure that once bonds are sold, there will be no
possibility of claims coming against the City. Also, the City has been
negotiating with the developer and claimants to insure that all of the funds
necessary to finish any required work and to cover the City's expenses would
be available. These negotiations are now complete and the claimants have
agreed to release certain claims and to suspend certain legal actions with this
agreement being the product.
This agreement would insure that all of the work of the District is completed to
the satisfaction of the City Engineer. Also, it would provide for a payment in
APPROVAL OF AGREEMENT WITH CLAIMANTS ASSOCIATED WITH CFD 88-2
City Council Meeting
February 16, 1994
Page 2
lieu of construction for the Lower Loop Crossing Road which has not yet been
built. With the payment in lieu of construction, all of the facilities and
conditions for which the District was formed will be substantially complete.
Finally. this Agreement would provide for the payment of back taxes from the
developers that are in the District.
The other purpose that this Agreement would fulfill would be to specify how
funds are to be allocated to all of the various claimants. With the disbursement
schedule agreed to, the possibility of legal squabbling will be eliminated. One
important point to note is that this Agreement will be effective until April 30,
1994. After this date, the claimants would resume any legal actions they had
been contemplating and the City would then have to explore other options for
the eventual disbursement of funds.
This Agreement provides protection for the District while allowing an orderly
settlement of a project that has become messy and complex due to the financial
misfortunes of the Developer. If approved and if the timelines in the
Agreement are met, this District will finally be able to fulfill the purpose for
which it was formed.
Duane A. Baker
Assistant to the City Manager
DAB/dab
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 16. 1994
TO:. Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Duane A. Baker. Assistant to the City Manager
SUBJECT: APPROVAL TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH LEN PERDUE AND ASSOCIATES TO CONDUCT AN APPRAISAL OF
COMMUNITY FACILITIES DISTRICT 88-2
Recommendation:
It is recommended that the City Council approve a professional services
agreement with Len Perdue and Associates for an amount not to exceed $10,000
to perform an appraisal of Community Facilities District (CFD) 88-2. This
agreement is to be funded from account 76-4130-6028 and will not affect the
general fund.
Background:
It is necessary to have a current appraisal of this District prior to selling
bonds to cover the costs of the drainage facilities that have been built. An
appraisal is necessary because under the Mello-Roos Community Facilities Act,
the security for the bonds is the land in the District. Since the last appraisal
was completed a number of unexpected delays have occurred. These delays
have caused the old appraisal to become dated and no longer useful for
purposes of selling and marketing bonds.
For the above reasons it is necessary to have a new appraisal done. This
appraisal will be completed by April and will provide an updated opinion of
the land value in this District. The cost of this appraisal is being paid for out of
the special taxes that developers have been paying into this District for the
past five years. This appraisal cost will not have an impact on the general
fund.
Respectfully Submitted,
' ! /-'~ ~- ~ .,",
I~(ane A. Bake~r
Assistant to the City Manager
DAB/dab
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 16, 1994
TO:. Mayor and Members of the City Council
Jack Lam, AICP. City Manager
FROM: Duane A. Baker, Assistant to the City Manager
SUBJECT: APPROVAL TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH EMPIRE ECONOMICS TO CONDUCT A MARKET ABSORPTION
STUDY OF COMMUNITY FACILITIES DISTRICT 88-2
Recommendation:
It is recommended that the City Council approve a professional services
agreement for an amount not to exceed $5,000 to perform a market absorption
study of Community Facilities District (CFD) 88-2. This agreement is to be
funded from account 76-4130-6028 and will not affect the general fund.
Background:
It is necessary to have a current market absorption study of this District prior
to selling bonds to cover the costs of the drainage facilities that have been
built. A market absorption study is necessary because under the Mello-Roos
Community Facilities Act, the security for the bonds is the land in the District.
Since the last market absorption study was completed a number of unexpected
delays have occurred. These delays have caused the old market absorption
study to become dated and no longer useful for purposes of selling and
marketing bonds.
For the above reasons it is necessary to have a new market absorption study
done. This market absorption study will be completed by April and will
provide an updated opinion of the market absorption of homes built in this
District. The cost of this study is being paid for out of the special taxes that
developers have been paying into this District for the past five years. This
study cost will not have an impact on the general fund. The cost for this
market absorption study will not exceed $5,000.
Respectfully Submitted,
Assistant to the City Manager
DAB/dab
CITY OF RANCHO CUCAMONGA
STAFF REPORT '.
DATE: February 16, 1994
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Will lain J. O'Netl, City Engineer
BY Phill ip Verbera, Assistant Engineer
SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND
MONUMENTATION CASH DEPOSIT FOR TRACT 13703, LOCATED ON THE WEST
SIDE OF HAVEN AVENUE, NORTH OF BANYAN STREET, SUBMITTED BY
SHEFFIELD-ALTA LOMA 55, LTD., A CALIFORNIA LIMITED PARTNERSHIP,
AND RELEASE OF PREVIOUSLY SUBMITTED IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND CASH MONUMENTATION DEPOSIT ACCEPTED BY
CITY COUNCIL ON FEBRUARY 20, lgql, FRObi KAJIMA DEVELOPMENT
CORPORATION
I~COleeEMDATIOIi
It is recommended that the City Council adopt the attached resolution (1)
accepting the new Improvement Agreement, Security and Monumentation Cash
Deposit, (2) releasing the previous Improvement Agreement and Security and
authorizing the Finance Department to refund the previous Monumentation Cash
Deposit, and (3) authorizing the Mayor and the City Clerk to sign and release
said agreements.
BA(3CGRDUIID/AMALYSIS
The Map, the Improvement Agreement, Security, and Manumentation cash deposit
for Tract 13703, located on the west side of Haven Avenue north of Banyan
Street, was approved by City Council on February 20, 1991. The Tract Map was
recorded on March 20, 1991.
The property has been purchased by Sheffteld-Alta Loma 55, Ltd., A California
Limited Partnership, who has submitted an agreement and security to guarantee
the completion of the public improvements in the following amounts:
Faithful Performance Bond: $1,433,400.00
Labor and Material Bond: $ 716,700.00
Monumentatton Cash Deposit: $ 5,150.00
CITY COUNCIL STAFF REPORT
TR 13703
FEBRUARY 16, 1994
PAGE 2
The above mentioned securities shall replace the securities submitted by the
original developer, KaJima Development Corporation, and accepted by City
Council on February 20, 1991. By process of this agreement, Sheffield-Alta
Loma 55, Ltd., as the new Developer, has responsibility of the project.
Copies of the agreement and securities are available in the City Clerk's
Office.
Respectfully submitted,.
William J. O'Neil
City Engineer
WJO:PV:dlw
~--..eT ST SITE
VICINITY MAP
CITY OF RANCHO CUCAMONGA ~TEM:.TR. 13703
IflNEERING DIVISION ~ EXHIBIT:·
RESOLUTION "0. ~)L/_ C..~,_.'~ /
A RESOLUTION OF THE CITY COUNCIL OF THE C'[TY OF RANCHO
CUCN4ONGA, CALIFORNIA, APPROVING THPROVEIqENT AGREEHENT,
IHPROVEHENT SECURITY, AND HONUNENTATION CASH DEPOSIT FOR
TRACT ].3703 AND RELEASING THE IHPROVEHENT AGREEMENT,
IHPROVEHENT SECURITY AND HONUNENTATION CASH DEPOSIT
PREVIOUSLY ACCEPTED BY CITY COUNCIL ON FEBRUARY 20, ].99].
WHEREAS, The City Council of the City of Rancho Cucamonga, Calffornia
did consider an Improvement Agreement, related Security and Monumentation Cash
Deposit, submitted by Sheffield-Alta Loma 55, Ltd., A California Limited
Partnership, as developer, for the improvement of public right-of-way adjacent
to the real property specifically described therein, and generally located on
the west side of Haven Avenue north of Banyan Street and release of the
previously approved Improvement Agreement, Security and/qonumentation Cash
Deposit for KaJima Development Corporation.
WHEREAS, said Improvement Agreement is secured and acc~anted by
good and sufficient Improvement Security, which is identified in said
Improvement Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PJtNCHO CUCAJqONC~A
HEREBY RESOLVES that (1) said Improvement Agreement, Secu,ity, and
Monumentation Cash Deposit submitted by Sheffteld-Alta Loma 5B, Ltd., A
California Limited Partnership are hereby approved, (2) the previously
approved Improvement Agreement, Security and ~numentatton Cash Deposit from
Kajima Development Corporation are released and (3) the Mayor is hereby
authorized to sign said I~q~rovement Agreement on behalf of the City of Rancho
Cucamonga, and the City Clerk to attest thereto.
91
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 16, 1994
T0: Mayor, and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Stave M. Gilliland, Public Works Inspector I<~
SUBJECT: APPROVAL OF IMPROVEME~rF AGREEMENT EXTENSION FOR TRACT
13759, LOCATED ON THE WEST SIDE OF HAVEN AVENUE, SOUTH OF
VICTORIA STREET, SUBMI~ED BY FU MAX LIMITED
RECGle[liDATIOII
It is reconm~ended that the City Council adopt the attached resolution,
accepting the subject agreement extansion and security and authorizing
the Mayor and City Clerk to sign said agreement.
BACKGROUND/ANALYSIS
Improvement Agreement and Improvement Security to guarantee the
construction of the public improvements for Tract 13759, were approved by
the City Councll on January 21, 1993, in the following total amounts:
Fatthful Performance Bonds: $1,326,000.00
Labor and Mataria1 Bonds: $ 663,000.00
The developer, Fu Pal Limttad, is requesting approval of a 12-month
extansion on said improvement agreement in order to secure construction
financing. Copies of the Zmprovement Agreement Extansion are available
in the City Clerk's Office.
Respectfully s~~
William J. 0'Me
CIty Engtneer
WJO:SMG:ly
Attachments
FU MA! LIMITED PARTNERSHIP
801 SO{/FH GARFIELD AVE. SUITE 200, Ar~HAMBRA, CA 91801
TEL:(8]8)289-0223 FAX:(818)289-4806
January 13, 1994
Steve M. Gilliland
Public Works Inspector
City of Rancho Cucamonga
P.O.Box 807
Rancho Cucamonga, CA 91729
RE: TRACT 13759 IMPROVEMENT AGREEMENT
Dear Mr. Gilliland
Please accept this letter as our formal request to extend,
for one (1) year, the above captioned agreement. This request
is respectfully made in order to allow us the time necessary
to secure our development financing for this project.
Thank you in advance for your continued kind courtesy and
consideration.
Sincerely,
Garry Chen / General Partner
Fu Mai Ltd. Partnership
RESOLUTION NO. (~2,~/_ 0.~4p-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAHONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13759
WHEREAS, the Ctty Council of the City of Rancho Cucamonga,
Caltfornla, has for its constderatlon an Improvement Agreement Exl~nslon
executed on January 21, 1993, by Fu Hal Ltmtted as developer, for the
improvement of public right-of-way adjacent to the real property speclflcally
described therein, and generally located at the west side of Haven Avenue,
south of VIctoria Street; and
WHEREAS, the installation of such Improvements, descrlbed in said
Improvement Agreement and subject to the terms thereof, Is ~o be done in
conjunction wtth the development of said Tract 13759; and
WHEREAS, said Improvement Agreement Extenslon Is secured and
accompanied by good and sufficient Improvement Securlty, whtch ts 1denttried
tn satd Improvement Agreement Extension.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga,
California hereby resolves, that said Improvement Agreement Extension and said
Improvement Securlty be and the same are hereby approved and the Mayor is
hereby authorized to sign satd Improvement Agreement Extension on behalf of
the Ctty of Rancho Cucamonga, and the Ctty Clerk to attest thereto.
CITY OF RANCH0 CUCAMONGA '~
STAFF REPORT : '
DATE: February 16, 1994 2:' ~.
TO: Hayor and ManV~ers of the City Council
Jack Lam, AICP, City Manager
FRO/4: William J. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Works Inspector ~
SUBJECT: ACCEPTANCE OF LANDSCAPE IMPROVE)!ENTS, RELEASE OF BONDS AND
NOTICE OF COMPLETION FOR TRACT 13351 TERRA VISTA PARKWAY
MEDIANS, LOCATED ON TERRA VISTA PARKWAY WEST OF MILLIKEN AVENUE
REC~DATION:
The required landscape improvements for Tract 13351 Tetra Vista Parkway
Medians have been completed in an acceptable manner, and it is reco~mnended
that City Council accept said tmprov~nts, accept the Haintenance Guarantee
Bond in the amount of $5,160, authorize the City Engineer ~ file a Notice ef
Co~letton and authorize the City Clerk to release the Faithful Performate
Bond in the ameunt of $51,600.
BAC~GROUMD/AN~LYSIS
Tract 13351 - Terra Vista Parkway Madians located on Terra Vista Parkway
west of Milliken Avenue
DEVELOPER: Lewis Homes
P.O. Box 670
Upland, CA 91785
Accept:
Maintenance Guarantee Bond $ 5,160
Release:
Faithful Performance Bond $51,600
Respectfully [~~
William j. O'
City Engineer
WjO:SMG:sd
Attachment
RESOLUTION NO. ~/- ~:)_.~_..~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUC/~qONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR TRACT TRACT 13351 - TERRA VISTA PA~WAY MEOIANS AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WO~
WHEREAS, the construction of publ lc improvements for Tract 13351 -
Tetra Vista Parkway Hedians have been completed to the satisfaction of the
City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying
the work compl ere.
N), THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer is
authorized to sign and file a Notice of Completion with the County Recorder of
San Bernardino County.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 16, 1994
TO: Mayor and Members of the City Council '~ -
Jack Lam, AICP, City Manager
FROM: Wiq~ tam ,1. O'Neil, City Engineer
BY: Honte Prescher, Public Works Engineer
SUBJECT: ACCEPTANCE OF IMPROVENENTS, RELEASE OF BONDS AND NOTICE OF
CO IqPLETION FOR PARCEL MAP 11394/TRACT 13~6, LOCATED ON THE
NORT~EST CORNER OF BASE LINE ROAD AND ETIWANDA AVENUE
RECOIIENDATIOII:
A portion of the required street improvements (storm drain main 1 ine) for
Parcel Nap 11394/Tract 13886, Winery Hill, has been completed in an
acceptable manner, and it is recommended that City Councll accept said
improvement, authorize the City Engineer to file a Notice of Completlon
and authorize the City Clerk to release the Faithful Performance Bonds in
the amounts of $485,000.00 and $60,000.00.
BACKGROUND/ANALYSIS
The Barmaklan Company proposed to develop the northwest corner of Base
Line Road and Ettwanda Avenue. The proposed project consisted of a
combination condomtnium and cmm~erclal development.
As a condition of the proposed development, certain private and public
improvements were required. The Developer entered into Improvement
Agreements with the City for the required improvements and Parcel Nap No.
11394 and Tract Map No. 13886 were recorded.
The Developer began construction on a required storm drain in Base Line
Road and failed to c~lete it in a timely manner as required by City
Code, the Construction Permit and Improvement Agreement. The delay in
completing the storm drain caused an undo delay in completing the City's
Project, Base Line Road Improvement Project Phases I & II, which was
under construction at that time. The City's contractor flled, a claim
against the City for undo cost incurred due to the delays.
All agreements between the Developer and the City have expired and City
Council per staff's recommendation has found the Developer and Surety to
be in default.
The Developer's Surety at a mandatory settlement hearing has agreed to
compensate the Ctty's Contractor in an amount agreed to by both parties
CITY COUNCIL STAFF REPORT
PM 11394/TR 13886 - BAI~AKIAN CO
FEBRUARY 16, 1994
PAGE 2
provided the City releases the Performance Bonds for the private
improvements (Bond # 9832305) and the publtc improvements (Bond #
9831165).
No work was started on the private improvements and the only public
improvement work started (and completed) was the main line storm drain.
The main llne storm drain once started had to be completed, due to the
extreme negative impact on vehicular traffic using Base Line Road. All
other public improvements required have little or no impact on vehicular
traffic using Base Line Road or Ettwanda Avenue. Therefore, staff
contends that the compl etion of the requi red improvements I s not
necessary at this time.
The project still remains in its undeveloped state and can not be
developed until the Developer (or a Developer) submits a new application
to the City for approval. At that time the uncompleted improvements will
be a condition of approval.
Staff has conferred with City legal council and City legal council
concurs that this is acceptable. Therefore, it is reco,mended that City
Council accept the completed main line storm drain into the Ctty's
maintained system and tel ease the Private Improvement and Publ lc
Improvement Performance Bonds.
Parcel Map 11394/Tract 13886 - located at the northwest corner of Base
Line Road and Ettwanda Avenue.
DEVELOPER: The Bannakian Company
8560 Vineyard Avenue, Suite 510
Rancho Cucamonga, CA 91730
Rol ease:
Faithful Performance Bond (Publtc Street) $48,000.00
Faithful Performnce Bond (Private Street) $60,000.00
City Engineer
WjO:MP:dlw
Attachment
RESOLUTION .o.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE MAIN LINE STORfq
DRAIN PUBLIC I/qPROVEMENTS FOR PARCEL/qAP 11394/TRACT
13886 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORI(
WHEREAS, the construction of ~4ain Line Storm Drain publ lc
improvement have been completed to the satisfaction of the City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying
the work compl ere.
NOW, THEREFORE, the City Council of the City of Rencho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer is
authorized to sign and file a Notice of Completion with the County Recorder of
San Bernardino County.
CITY OFRANCHOCUCAMONGA ~z-
STAFF REPORT .'
DATE: February 16, 1994 ~
TO: PRayor and Hembets of the City Council i~' ~'
Jack Lam, AICP, City Hanager
FROM: William d. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Works Inspector ~
SUBJECT: ACCEPTANCE OF IMPROVEMENTS, RELEASE OF BONDS AND NOTICE OF
COIqPLETION FOR TI~ACT 14192-1, LOCATED ON THE EAST SIDE OF
HELLIqAN AVENUE SOUTH OF 19TH STREET
~CINIX~TIOli:
The required street improvements for Tract 14192-1 have been completed in an
acceptable manner, and it is recommended that City Council accept said
improvements, accept the Maintenance Guarantee Bond in the amount of $75,900,
authorize the City Engineer to file a Notice of Completion and authorize the
City Clerk to release the previously reduced Faithful Performance Bond in the
amount of $75,900.
BACXGROUND/AJIALYSIS
Tract 14192-1 - located on the east side of Hellman Avenue south of Igth
Street
DEVELOPER: Hix Development 437 S. Cataract Avenue, Suite 3
San Dimas, CA 91773
Accept:
Maintenance Guarantee Bond (Street) $75,900
Release:
Previously Reduced Faithful Performance Bond (Street) $75,900
Respectfully ~
William J. O'
City Engineer
WjO:SMG:sd
Attachment
100
RESOLUTIO, ,0.0.5.--(
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCA!qONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR TRACT 14192-1 AND AUTHORIZING THE FILING OF A NOTICE
OF COIqPLETION FOR THE WORK
~4HEREAS, the construction of public Improvements for Tract 14Z92-I
have been completed to the satlsfactlon of the CIty Engineer; and
14HEREAS, a Notke of Completion Is required to be filed, certifying
the work complete.
NOLO, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work fs hereby accepted and the CIty Engineer fs
authorlzed to stgn and ftle a Nottce of Completion wtth the County Recorder of
San Bernardlno County.
101
ORDINAliCE NO. 519
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAI~ONGA, CALIFORNIA, A-MENDING SECTION 10.20.020 OF THE
RANCHO CUC/V4ONGA CITY CODE REGARDING PRII(A FACIE SPEED
LIMITS ON CERTAIN CITY STREETS
A. Recitals
(i) Call fornia Vehicle Code Section 22357 Provides that this City
Council may, by ordinance, set prima facie speed limits upon any portion of
any street not a state highway.
(ii) The City Traffic Engineer has conducted an engineering and
traffic survey, of certain streets within the City of Rancho Cucamonga which
streets as specified in Part B of this Ordinance.
(iii) The determinations concerning prima facie speed limits set
forth in Part B, below, are based upon the engineering and traffic survey
identified in Section A (ii), above.
B. Ordinance
NOW, THERF~cORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCA/4ONGA
DOES HEREBY ORDAIN AS FOLLOWS:
Section I
Section 10.20.020 hereby is amended to the Rancho Cucamonga City
Code to read, in words and figures, as follows:
10.20.020 Decrease of state law maximum speed. It is determined by
City Council resolution and upon the baSiS of an engineering and traffic
investigation that the speed permitted by state law is greater than is
reasonable or safe under the conditions found to exist upon such streets, and
it is declared that the prima facie speed limit shall be as set forth in this
section on those streets or parts of streets designated in this section when
signs are erected giving notice hereof:
Declared Prima Facte
Name of Street or Portion Affected Speed Limit (MPH)
1. Archibald Ave. - Banyan St. to north end 50
2. Archibald Ave. - 4th St. to Banyan St. 45
3. Arrow Rt. - Baker Ave. to Haven Ave. 45
4. Baker Ave. - 8th St. to Foothill Blvd 35
5. Banyan St. from Beryl St. to London Ave. 35
; 6. Banyan St. - Haven Ave. to Rochester Ave. 45
7. Banyan St. from west City Limits to Beryl St. ' 40
8. Base Line Rd. - west City limits to Carnelian St. 45
9. Base Line Rd. - Carnelian St. to Hermosa Ave. 40
102
Declared Prima Facie
Name of Street or Portion Affected Speed Limit (MPH)
10. Base Line Rd. - Hermosa Ave. to Spruce Ave. 45
11. Beryl St. - Banyan St. to end 45
12. Beryl St. - 800' N/o Lemon Ave. to Banyan St. 40
13. Canistel Ave. - Wilson Ave. to Antietam Dr. 35
14. Carnelian St. - Vineyard Ave. to end 45
15. Center Ave. - Foothill Blvd. to Church St. 40
16. Church St. - Archibald Ave. to Haven Ave. 40
17. Church St. - Haven Ave. to Millikan Ave. 45
18. East Ave. - Base Line Rd. to Highland Ave. 45
19. 8th St. - Grove Ave. to Haven Ave. 45
20. Etiwanda Ave. - Foothill Blvd.. to 24th St. 45
21. Fairmont Dr. - Highland Ave. to Millikan Ave. 35
22. Fatrmont Dr. - Millikan Ave. to Victoria Park Ln. 35
23. Fredricksburg Ave. - Banyan St. to Seven Pines Dr. 35
24. Grove Ave. - 8th St. to Foothill Blvd. 40
25. Haven Ave. - 4th St. to Hillside Rd. 45
26. Hellman Ave. - Foothill Blvd.. to Alta Loma Dr. 35
27. Hellman Ave. - 500' N/o Manzanita Dr. to Valley View 40
28. Hellman Ave. - 6th St. to Foothill Blvd. 45
29. Hermosa Ave. - Base Line Rd. to Wilson Ave. 45
30. Hermosa Ave. - Wilson Ave. to Sun Valley Or. 40
31. Hermosa Ave. - 8th St, to Base Line Rd. 45
32, Highland Ave. - Sapphire St. to Carnelian St. 40
33. Highland Ave, - Amethyst St. to Hermosa Ave. 35
34. Highland Ave. - Hermosa Ave. to 800' W/o Haven Ave, 45
35. Hlllstde Rd. - Ranch Gate to Amethyst St. 35
36, Htllstde Rd. - Amethyst St, to Haven Ave. 40
37. Hillside Rd. - Haven Ave. to Canistel Ave. 35
38, Hillview Loop - Vintage Dr. to Vintage Dr, 30
39, Kenyon Way - Nilliken Avenue to Victoria Park Ln, 35
40. Lark Dr, - Kenyon Way to Rochester Ave, 35
41. Lemon Ave. - Jasper St. to Beryl St. 35
42, Lemon Ave. - Archibald Ave. to Haven Ave. 40
43. Lemon Ave. - Haven Ave. to Highland Ave. 40
103
Declared Prima Facie
Name of Street or Portion Affected ~eed Limit (MPH)
44. /~anzanita Dr. - Hermosa Ave. to Haven Ave. 35
45. Ftountain View Dr. - Spruce Ave. to Milliken Ave. 40
46. Netherlands View Loop - Vintage Dr. to Vintage Drive. 30
47. gth St. - Baker Ave. to Archibald Ave~ 40
48. Red Hill Country Club Dr. - Foothill Blvd.
to Alta Cuesta 35
49. Rochester Ave. - Foothill Btvd. to Base Line Rd 40
50. San Bernardino Rd. - Vineyard Ave. to Archibald Ave 35
51. Sapphire St. - Banyan St. to end 45
52. Sapphire St. - 19th St. to Lemon Ave. 40
53. 7th St. - Hellman Ave. to Archibald Ave. 45
54. Sierra Crest View Loop - Vintage Dr. to Vintage Dr. 30
55. Spruce Ave. - Foothill Blvd. to Base Line Rd. 40
56. Sunmnit Ave. - Etiwanda Ave. to East Ave. 45
57. Terrace View Loop - Vintage Dr. to Vintage Dr. 30
58. Tetra Vista Parkway - Church St. to Milliken Ave. 40
59. Victoria St. - Archibald Ave. to Ramona Ave. 35
60. Victoria St. - Etiwanda Ave. to Rt. 15 40
61. Victoria St. - Haven Ave. to Mendoclno P1. 40
62. Victoria Park Ln. - Fairmont Way to Base Line Rd. 35
63. Victoria Windrows Loop (north & south) 35
64. Vineyard Ave. - Church St. to Base Line Rd. 40
65. Vineyard Ave. - 8th St. to Carnelian Ave. 45
66. Vintage Dr. - Nilliken Ave. to east end 35
67. Whittram Ave. - Etiwanda Ave. to east City limits 40
68. Wilson Ave. -/aethyst Ave. to Haven Ave. 45
69. Wilson Ave. - Haven Ave. to 200' east of Canistel Ave. 40
(Ord. 169 Section I (part), 1982; Ord. 39 Section 5.1, (1978).
Rancho Cucamonga 5/82 124
(i) Both sixty-five (65) miles per hour and fifty-five (S5) miles
per hour are speeds which are more than are reasonable or safe; and
(ii) The miles per hour as stated are the priam facie speeds which
are most appropriate to facilitate the orderly movement of traffic and are
speed limits which are reasonable and safe on said streets or portions
thereof; and
(tit) The miles per hour stated are hereby declared to be the prima
facie speed limits on said streets; and
(iv) The Traffic Engineer is hereby authorized and directed to
install appropriate signs upon said streets giving notice of the prima facie
speed limit declared herein.
Section 2
The City Clerk shall certify to the passage of this Ordinance and
shall cause the same to be published as required by law.
Section 3
The r4ayor shall sign this Ordinance and the City Clerk shall cause
the same to be published within fifteen (15) days after its passage at least
once in The Inland Daily Bulletin, a newspaper of general circulation
published in the City of Ontario, California, and circulated in the City of
Rancho Cucamonga.
105
PASSED, APPROVED, and ADOPTED this 2nd day of February, lgg4.
AYES:
NOES:
ABSENT:
ATTEST: Dennis L. 5tout, Mayor
Debra J. Adams, City Clerk
I, DEBRA j. ADAHS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the Council of the City of Rancho Cucamenga held on the 2rid
day of February, 1994, and was passed at a regular meeting of the City Council
of the City of Rancho Cucamonga held on the 18th day of February, 1994.
Executed this 19th day of February, 1994, at Rancho Cucamonga, Callfornia.
Debra J. Adam, City Cleric
106
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 16, 1994
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Suzanne Ota, Community Services Manager
SUBJECT: RECOMMENDATION TO APPROVE AN ORDINANCE OF THE CITY
COUNCIL ESTABLISHING A PUBLIC MUNICIPAL LIBRARY IN
AND FOR THE CITY OF RANCHO CUCAMONGA
RECOMMENDATION
It is recommended that an ordinance of the City Council of the
City of Rancho Cucamonga be approved to establish a public
municipal library in and for the City of Rancho Cucamonga.
BACKGROUND/ANALYSIS
The City of Rancho Cucamonga has officially withdrawn from the
San Bernardino County Library System. The ordinance determines
that it is in the public interest, necessity, convenience and
general welfare that a public municipal library be established.
The public municipal library shall be known as the "Rancho
Cucamonga Public Library" and shall be established pursuant to
Education Code Section 18900 et seq.
The ordinance also provides that the public library shall be
managed by a Board of Library Trustees to be appointed by the
Mayor and City Council pursuant to Education Section 18000 et
seq.
/t~~it~t~ervices Manager
SO/kls
Attachment
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA ESTABLISHING
PUBLIC MUNICIPAL LIBRARY IN AND FOR THE
CITY OF Pj%NCHO CUCAMONGA
The City Council of the City of Rancho Cucamonga DOES
HEREBY ORDAIN AS FOLLOWS:
Sec. 1. Need for and Establishment of a Public Municipal
Library.
The City of Rancho Cucamonga has determined that the
public interest, necessity, convenience and general welfare of
the City of Rancho Cucamonga require a public municipal
library.
The City of Rancho Cucamonga has determined that a
municipal library should be established in the City of Rancho
Cucamonga pursuant to Education Code Section 18900 et seq.; and
the City of Rancho Cucamonga has withdrawn from participation
in the San Bernardino County Free Library System pursuant to
Title I, Division 1, Chapter 6, Article 1 Of the Education
Code, which was a necessary prerequisite to the establishment
of a public municipal library pursuant to Title I, Division 1,
Chapter 5, Article 1 of the Education Code.
Therefore, a public municipal library is hereby
established in and for the City of Rancho Cucamonga pursuant to
Section 18000 et seq. of the Education Code in order to
adequately provide for the present and future needs of the
residents of the City of Rancho Cucamonga.
Sec. 2. Environmental Assessment
In addition to the foregoing, the City Council finds
and determines that it can be seen with certainty that there is
no possibility that the adoption and implementation of the
Ordinance will have a significant effect on the environment.
ORDINANCE OF THE CITY OF RANCHO CUCAMONGA
Page 2
sec. 3. OrGanization of Public Municipal Library.
The public municipal library shall be known as the
"Rancho Cucamonga Public Library."
The public library shall be managed by a Board of
Library Trustees, consisting of five (5) members, to be
appointed by the Mayor and the City Council. The trustees
shall hold office for three (3) years, and vacancies shall be
filled by appointment by the Mayor and the City Council.
The Board of Library Trustees shall meet at least
once a month at such times and places as they may set by
resolution. At such meeting the Board shall cause a proper
record of its proceedings to be kept. The Board shall also
appoint one of its members President, who shall serve for one
year and until his/her successor is appointed, and in his/her
absence shall select their President Pro Tem.
Sec. 4. Board of Library Trustees - Powers and DUties.
The Board of Library Trustees shall have the powers,
duties and authorities now and hereafter provided for by
Education Code Section 18900 et seq.
CITY OF RANCHO CUCAMONGA -~-,
STAFF REPORT
DATE: February 15, 1994 ~ -
TO:. Mayor and Members of the City Council
Jack Lain, AICP, Executive Director
FROM: Linda D. Daniels, Redevelopment Manager
BY.' Olen Jones, Senior Redevelopmerit Analyst
SUBJECT: APPROVAL OF THE SOURCES OF PAYMENT FOR THE RANCHO
CUCAMONGA REDEVELOPMENT AGENCY'S SHARE OF THE STATE BUDGET
DEFICIT REDUCTION (EDUCATIONAL REVENUE AUGMENTATION FUND)
FOR FISCAL YEAR 1993/94, TOTALING $1,112,793.96.
RECOMMENDATION
Approve the sources of payment for the Redevelopment Agency's share of the State
Budget Deficit Reduction, and authorize staff to inform the County
Auditor/Controller, pursuant to State requirements.
The 1993 Budget Act for the State of California requires every redevelopment agency
in the State to pay into the Educational Revenue Augmentation Fund (ERAF), to
reduce State support of local education. Statewide, redevelopment agencies are
required to pay $65 Million into the ERAF, to support schools and community
colleges. Rancho Cucamonga's total liability is $1,112,793.96.
The budget act legislation requires that each redevelopment agency notify the
County Auditor/Tax Collector by March 1, 1994, as to how it intends to fund its
obligation.
The Agency will make its payment to the ERAF from the following sources on a
proportional basis:
Fund 22/Regional Facilities Tax Increment $278,226.00
Fund 25/Fire Fund Tax Increment 100,161.00
Fund 13/Central Park Bond Proceeds 734,406.96
TOTAL PAYMENT $1,112,793.96
The bond proceeds allocated from Fund 13, will not impact the $6.2 Million budget
for the new Interim Library Facility. However, with the completion of the Interim
110
February 16, 1994
Staff RepoR - FY 93/94 ERAF
Page 2
Library Facility and this payment to the ERAF, no bond proceeds will remain in
Fund 13.
This is a two year requirement (Fiscal Years 1994/95 and 1995/96), resulting in a loss
of revenue totaling $2,225,587.92 for these two years. This $2.2 Million ERAF
payment will bring the total contribution towards redudng the State's budget defttit
by the Rancho Cucamonga Redevelopment Agency to over $5.6 Million over the
three year period. The savings from reduced debt service on the Agency's recently
refinanced tax allocation bonds will enable the Agency to meet next year's ERAF
obligation.
,R~3pec~tfully submitted, .
aniel~s~ ~
Deputy Director
111
CITY OF RANCHO CUCAMONGA --". ',,
STAFF REPORT '
DATE: February 16, 1994 .
TO: Mayor and Members of the City Courtall
Jack Lain, AICP, City Manager
FROM: Robert C. Dominguez, Administrative Services Director
SUBJECT: CONSIDERATION OF A POLICY REGARDING GIFTS AND
GRATUITIES - CITY AND FIRE DISTRICT
RECOMMENDATION
It is recommended that the City Council consider a proposed policy regarding gifts
and gratuities which would affect both City and Fire District personnel.
BACKGROUND
At the February 2, 1994, City Council meeting, staff was directed to return with a
draft policy regarding gratuities at the next council meeting. A proposed policy has
been drafted which takes into account common occurrences which occur
throughout the year, and in particular during the holiday season.
Input regarding the proposed policy was received from the Fire District and from
surrounding jurisdictions that have existing policies regarding gifts and gratuities.
The language contained is commonly used throughout the policies of most
munidpalities in this area.
It should be noted that the policy does provide some discretion by the department
head with regard to the disbursement of gifts and gratuities to employees. The
policy is submitted in draft format so that it may be amended, added to, detracted
from, or approved as it stands.
Respectfully submitted,
Admin es Director
RCD/dah
attachment
112
CITY/FIRE DISTRICT POLICY
GIFTS AND GRATUITIES
Purpose:
To provide guidance for employees when in the course of their work offers of gifts,
favors, or gratuities may be made.
Policy:
It shall be the policy of the City/District to disallow any official or employee from
accepting any gift, whether in the form of service, loan, thing, or promise from any
person, firm, or corporation, other than that paid by the City/District.
No official or employee:
1. Shall accept any gift, favor, money, or thing of value (including free meals or
offers of discount not available to the general public or to all employees).
2. Shall grant in the discharge of duties any improper favor, service, or thing of
value.
3. Shall permit delivery at the work site (office or City/District fadlity) any gift
or thing of value. Any acceptance shall be with the approval of the
department head.
4. Shall use their official position to solicit special privileges for themselves or
others.
Tokens of appredation or modest gifts given in appreciation such as flowers, candy,
homemade foods, and similar items can be accepted with the approval of the
department head. Further, the solicitation of donations for City/District programs
shall be allowed when duly authorized and approved by the City/District.
113
City/District Policy
Gifts and Gratuities
Page 2
It is not the intent of this policy to offend well-intentioned members of the
community, but rather to permit an opportunity for members of the City/District to
enjoy sincere offers of appreciation without apprehension concerning the intent of a
gift.
RCD/dah
114
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 16, 1994 .~.
TO: Mayor and Members of the City Council
FROM: Jack Lam, AICP, City Managerdf'j]~Z
SUBJECT: SETTLEMENT AGREEMENT ON BOOKING FEES AND ADOPTION OF THE
AMENDED LAW ENFORCEMENT CONTRACT WITH SAN BERNARDINO
COUNTY
RECOMMENDATION
That the City Council approve and authorize the Mayor to sign the Settlement Agreement on Booking
Fees and the Amended Law Enforcement Contract with San Bernardino County,
BACKGROUND
The cities in San Bernardino County have been involved in a protracted lawsuit with San Bernardino
County regarding the payment of Booking Fees. The adoption of SB 2557 in July of 1990, enabled
counties to retroactively charge cities and other entities for expenses incurred after July 1, 1990, in
connection with the booking or other processing of persons arrested by employees of the cities and other
entities. Government Code Section 29550 requires that the amount of the fee not exceed the actual
administrative cost, including applicable overhead costs as permitted by Federal Circular A-87
standards, incurred in booking or otherwise processing those arrested persons.
In January of 1991, the County adopted Ordinance No. 3428 charging each city a criminal justice
administrative fee, retroactive to July 1, 1990, in the amount of $122.90 for each designated booking
performed by the County in connection with arrests made within the jurisdictional boundaries of the
respective city. If the fees were not paid by the city, the County began withholding property taxes for
payment.
In March of 1991, the cities filed suit against the County challenging the validity of Ordinance No.
3428 and therefore the San Bemardino Superior Court issued a temporary restraining order and issued a
preliminary injunction, prohibiting the Counb/from unilaterally withholding property taxes.
In October of 1991, the lawsuit was added on to Judicial Counsel Coordination Proceeding No. 2584,
wherein several cities in the State challenged the legality of Government Code Section 29550 and
actions taken by their respective counties in connection therewith.
In September of 1992, the court in the Coordinated Proceeding that had previously upheld the validity
and constitutionality of criminal justice administrative fees, entered an order providing that the
Contract Cities of San Bernardino County were exempt from payment of any such fee under the language
of their contracts with the County for law enforcement services. This derision is currently on appeal by
the County.
Cities have refused to sign the new contracts, and subsequently, County officials threatened to
recommend discontinuing of law enforcement services to the Contract Cities if the language of the
contracts was not changed to permit the County to collect both the contract amount and the criminal
justice administrative fee from the Contract Cities.
115
SETTLEMENT AGREEMENT ON BOOKING FEES & LAW ENFORCEMENT CONTRACT
February 16, 1994
Page 2
After two years of negotiations, the attached agreement has been reached by the Contract Cities and
the County for the purpose of resolving many of the issues addressed in the lawsuit without further
costly litigation. The remaining issue to be settled by the court will be the actual amount that the
County may charge for the criminal justice administrative fee. The proposed agreement specifies:
1. For bookings occurring between July 1, 1990 and December 31, 1993, the Contract Cities shall pay
a criminal justice administrative fee in the amount of $61.45 (50%) for each booking.
2. For bookings occurring after December 31, 1993, the Contract Cities shall pay a criminal justice
administrative fee in the amount of $122.90. This amount may be amended pending the Court's
decision and the effect of Assembly Bill 2286 which requires the County to recalculate the
criminal justice administrative fee. If the County Booking Fee is reduced, the cities will be
credited for the difference and vice-versa.
As a result of this agreement, the Contract has been modified to reflect payment of the booking fees
beginning January 1, 1994. The following reflect some of these revisions within the new contract:
1. Section II - Subsections G and H were deleted from the contract. Subsection G listed language
which stated that jail facilities and services would be part of the contract. Subsection H states
that the Sheriff will provide all of the law enforcement services in the City that are
customarily provided in the unincorporated areas.
(These changes appears to subject cities to the booking fee as does the new paragraph that
follows.)
"Nothing in this contract is intended to alter the effect of any statute or county
ordinance related to fees for housing of inmates detained for City ordinance violations
or for criminal justice administrative fees (Government Code 29550, San Bernardino
County Code 16.027A). The City will be separately billed for those items."
2. Section IV - In the first paragraph, the language has changed between the old and new
contracts; however, the intent of the language to provide for payment of the contract on a
monthly basis is still the same.
3. Section IV - Language was added to the first paragraph which would charge simple interest to
Cities on past due balances owed the County. The contract calls for payments to be made to the
County by the 5th of the month. The new language would charge interest on amounts owed the
County that are outstanding 60 days after they are due.
(This will not have any impact on the Rancho Cucamonga since we remit on a timely basis.)
4. Section IV - In the second paragraph and fourth line of the new contract the words "agents" and
"volunteers" are added to the list of County personnel that the City will hold harmless in
respect to any action taken in enforcing a City ordinance.
(This change takes into account the Citizen's Patrol and the Reserves.)
5. SectiOn V - The first paragraph has been changed within the old contract. The old contract
allowed for the agreement to be canceled by either party at any time without cause with 180
days notice. The new agreement provides for one year termination no~.ce.
116
SETTLEMENT AGREEMENT ON BOOKING FEES & LAW ENFORCEMENT CONTRACT
February 16, 1994
Page 3
6. Section VII - In the second paragraph in the fourth line of the new contract language has been
added that specifically refers to but does not limit the contract to application of the provisions
of Penal Code Section 1463 in defining arrests by SherifFs Deputies as officers employed by the
City.
(This change appears to support the County's Booking Fee position.)
JL/d~a
Attachments: Proposed Settlement Agreement
Revised Law Enforcement Contract
Old Contract
117
SETTLEHENT AGREEMEN~
THIS SETTLEMENT AGREEMENT (hereinafter referred to as "the
Agreement") is entered into as of the day of
199__, by and between the TOWN OF APPLE VALLEY, CITY OF BIG BEA~
LAKE, CITY OF GRAND TERRACE, CITY OF HESPERIA, CITY OF HIGHLAND,
CITY OF LOMA LINDA, CITY OF NEEDLES, CITY OF RANCHO CUCA~ONGA, CITY
OF TWENTYNINE PALMS, CITY OF VICTORVILLE, and CITY OF YUCAIPA
(hereinafter referred to as "the Contract Cities") and the COUNTY
OF SAN BERNARDINO (hereinafter referred to as "the County").
RECITALS
A. The Contract Cities are cities duly organized and
existing under the laws of the State of California and are located
within the jurisdictional boundaries of San Bernardino County.
B. The County is a county duly organized and existing as a
political subdivision of the State of California.
C. The County and the Contract Cities have entered into
separate agreements wherein the County provides law enforcement
services to the Contract Cities pursuant to the terms thereof.
D. On or about July 1, 1990, Senate Bill 2557 was signed by
the Governor of the State of California as a non-urgency measure.
Senate Bill 2557 was subsequently codified as California Government
Code Section 29550, and became effective January 1, 1991. Pursuant
to Government Code Section 29550, counties were authorized to
retroactively charge cities and other entities for expenses
incurred after July 1, 1990, in connection with the booking or
other processing of persons arrested by employees of the cities and
other entities. Government Code Section 29550 requires that the
amount of the fee not exceed the actual administrative costs,
including applicable overhead costs as permitted by federal
Circular A-87 standards, incurred in booking or otherwise
processing those arrested persons.
E. Pursuant to Section 29550 of the Government Code, on or
about January 14, 1991, the County adopted Ordinance No. 3428
(County Code Section 16.027A) authorizing the County to charge each
Contract City a criminal Justice administrative fee, retroactive to
July 1, 1990, in the amount of S122.90 for each designated booking
performed by the County in connection with arrests made within the
jurisdictional boundaries of the respective Contract City.
F. On or about February 13, 1991, the County began charging
each Contract City a criminal Justice administrative fee pursuant
to the provisions of Ordinance NO. 3428 (County Code Section
16.027A). If said fees were not paid, the County thereafter began
118
withholding certain funds from the Contract Cities for the payment
thereof.
G. On or about March 15, 1991, the Contract Cities filed
suit against the County in the Superior Court Of San Bernardino
County, Case Number 262309 (hereinafter referred to as "the
Lawsuit"), challenging the validity of Ordinance No. 3428.
H. On May 14, 1991, the San Bernardino Superior Court issued
a temporary restraining order, and on May 28, 1991, issued a
preliminary injunction, prohibiting the County from unilaterally
withholding any criminal Justice administrative fees which had been
disputed by the Contract Cities under Government Code Section 907
from certain funds which were due and owing to the Contract Cities.
I. On or about October 17, 1991, the Lawsuit was added on to
Judicial Counsel Coordination Proceeding No. 2584 (hereinafter
referred to as "the Coordinated Proceeding") wherein several cities
within the State of California challenged the legality of
Government Code Section 29550 and actions taken by their respective
counties in connection therewith.
J. On or about September 1, 1992, the court in the
Coordinated Proceeding that had previously upheld the validity and
constitutionality of criminal Justice administrative fees entered
an order providing that the Contract Cities were exempt from
payment of any such fee under the language of their contracts with
the County for law enforcement services.
K. The County has threatened to discontinue providing law
enforcement services to the Contract Cities if the language Of the
contracts is not changed to permit the County to collect both the
contract amount and the criminal Justice administrative fee from
the Contract Cities.
L. With the concurrence of representatives from the Contract
Cities, the County has prepared an Amended Law Enforcement Service
Contract for signature by the Contract Cities.
M. The County and the Contract Cities desire to enter in
this Agreement for the purpose of resolving many of the issues
addressed in the Lawsuit without any further litigation, and are
entering into this Agreement for said purpose. This Agreement
shall never be treated or otherwise construed as an admission of
liability by any party for any purpose.
COVENANTS
NOW THEREFORE, in consideration Of the preceding Recitals and
the mutual Covenants contained herein, the parties hereto agree as
follows:
2
119
1. Settlement of Lawsuit. This Agreement shall resolve all
issues addressed in the Lawsuit except the proper amount of the
criminal justice administrative fee imposed by the County. Any
judgment and/or order entered by the court in the Coordinated
Proceeding or in the Lawsuit shall not be inconsistent with the
terms of this Agreement insofar as said judgment and/or order would
apply to the parties hereto. The parties hereto agree to seek a
stipulated judgment in the Coordinated Proceeding and in the
Lawsuit that is consistent with this Agreement and that will
reference and/or incorporate this Agreement. The County agrees not
to appeal the decision of the Coordination Court exempting the
Contract Cities from the payment of a criminal justice
administrative fee pursuant to the language of their contracts with
the County for law enforcement services.
2. Invalidation of Criminal Justice Administrative Fc~.
Notwithstanding Section 1 Of this Agreement, if a final decision of
a state or federal court, including any applicable appellate court
decision, holds that the underlying California Goverrunent Code
Section 29550 is invalid, or otherwise rules that the County may
not impose a criminal Justice administrative fee, Or if subsequent
state or federal legislation repeals or removes the authority of
the County to charge a criminal Justice administrative fee, the
Contract Cities shall not be obligated to pay any criminal Justice
administrative fee, including those fees agreed to in this
Agreement, for any arrests made after the effective date of said
final decision. Except as set forth above, this paragraph shall
not apply to the Amended Law Enforcement Service Contract.
3. Payment of Criminal Justice Administrative Fees. Subject
to Section 2 of this Agreement, the Contract Cities shall pay to
the County a criminal Justice administrative fee as set forth
below:
a. Bookinqs Occurrinq Between July 1, 1990, and
December 31, 1993. Subject to the provisions of Section 5 of this
Agreement, each Contract City shall pay a criminal Justice
administrative fee in the amount of 861.45 for each booking or
other processing performed by the County in connection with arrests
made within the Jurisdictional boundaries of the respective
Contract City for which such a fee is imposed by Ordinance No. 3428
(County Code Section 16,027A) for the time period between July 1,
1990, and December 31, 1993. Upon execution of this Agreement, the
County shall calculate the amount owed by each Contract City
accordingly and shall bill each Contract City separately. Except
for specific challenges contending that a particular booking or
other processing charge is not properly allocable to the
challenging Contract City under the provisions of Ordinance No.
3428 (County Code Section 16,027A) Or the County's substantial non-
compliance with the terms of this Agreement, said bill shall be
payable within sixty (60) days of receipt by the Contract City.
Any funds withheld by the County for payment of the criminal
3
justice administrative fee prior to the court's issuance of the
restraining order in the Lawsuit shall be credited to the
aPPropriate Contract City and reflected in the County's invoice.
The appropriate Contract City shall also be credited for any
criminal justice administrative fees which it has voluntarily paid
to the County.
b. Bookinqs Occurrinq After December 31, 1993. Subject
to the provisions of Sections 4 and 5 of this Agreement, each
Contract City shall pay a criminal Justice fee in the amount of
S122.90, or an amount as recalculated pursuant to Sections 4 and 5
of this Agreement or as otherwise mandated by subsequent State
legislation, for each booking or other processing performed by the
County in connection with arrests made within the jurisdictional
boundaries of the respective Contract City after December 31, 1993,
for which such a fee is imposed by Ordinance No. 3428 (County Code
Section 16.027A). Said fees shall be paid within the time set
forth in the County invoice. Nothing herein shall be treated as a
waiver of the ability of the Contract Cities to contest any
recalculation of the County's criminal Justice administrative fee.
4. Effect of Assembly Bill 2286. Assembly Bill 2286 amends
Sections 29550, 29550.1, and 29550.2 of the California Government
Code such that the County will be required to recalculate the
amount of its criminal Justice administrative fee. If the effect
of Assembly Bill 2286 is to reduce the County's criminal Justice
administrative fee to an Mount below S122.90 per booking, the
application of said reduced fee shall be retroactive to January 1,
1994, and the Contract Cities shall be credited accordingly. If
the effect of Assembly Bill 2286 is to increase the County's
criminal justice administrative fee to an amount above S122.90 per
booking, the application of said increased fee shall not take
effect until the effective date of the County's ordinance approving
said increase. Nothing herein shall be treated as a waiver of the
ability of the Contract Cities to contest the County's
recalculation of its criminal Justice administrative fee pursuant
to Assembly Bill 2286.
5. Effect of Coordinated proceedin, i. The court in the
Coordinated Proceeding has bifurcated the issue of the scope and
amount of the criminal justice administrative fee. The court
apparently envisions a two-step process whereby the court will
first develop an appropriate formula for calculating the criminal
Justice administrative fee, and then examine that formula as
applied to each county. Trial on the first phase has been set for
March of 1994. If, as a result of the final decision in the
Coordinated Proceeding, the amount of the County's criminal justice
administrative fee is reduced, the application of said reduction
shall be retroactive to January 1, 1994, and the Contract Cities
shall be credited accordingly. If, as a result of the Coordinated
Proceeding, the amount of the County's criminal Justice
4
administrative fee is reduced to an amount below $61.45 per
booking, the application of said reduced fee shall be retroactive
to July l, 1990, and the Contract Cities shall be credited
accordingly. The'Contract Cities agree that they will seek no
relief in the Lawsuit or Coordinated Proceeding except as to the
proper amount of the criminal justice administrative fee charged by
the County.
6. Execution of Amended Law Enforcement Service Contract.
Concurrently with the execution of this Agreement, the Contract
Cities agree to enter into an Amended Law Enforcement Service
Contract with the County effective January 1, 1994, which contract
was developed as indicated in Recital "L" of this Agreement. The
Contract Cities shall comply with the terms of this Agreement
notwithstanding any inconsistent provision Or provisions of said
Amended Law Enforcement Service Contract.
7. Amendments. This is an entire agreement and supersedes
all prior agreements oral or written between the parties, and their
agents, and cannot be amended unless in writing, with specific
reference hereto by the parties authorized to be charged. Failure
by any party to enforce any provisions shall not constitute a
waiver of said party's rights to enforce subsequent violation of
the same or any other provisions.
8. Inurement. This Agreement shall be binding upon and
inure to the benefit of the successors and assigns of the parties.
9. Captions. The captions of Sections and Subsections of
this Agreement are for reference only and are not to be construed
in any way as part of this Agreement.
10. Validity. This Agreement shall be construed in accordance
with the laws of the State of California.
11. Severability. If any section, clause or phrase of this
Agreement is for any reason held to be unconstitutional or
unlawful, such a decision shall not effect the validity of the
remaining portions Of this Agreement.
12. Execution in Counterparts. This Agreement may be
executed in counterparts, each of which shall be deemed to be a
part of the original.
13. Fees and Expenses. Each party to this Agreement shall
bear their own attorneys' fees and expenses.
5
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by their respective officers as of this date first
above written.
Dated: 1994 CITY OF RANCHO CUCAMONGA
By:
Title:
Dated: , 1994 COUNTY OF SAN BERNARDINO
Chairman, Board of Supervisors
13
FOR COUNTY USE ONLY
SC' iAi
--2'-.~1_~ ! Cance~l I Sl~-
S~
~ ~ ~, D~ ~ZS~ 387-3660 ~ $7,588,~4.00
CounW of San Bernardino
F A S ~ S~ J 9~0 ~ 9565 ~ ~ 9609565~
STANDARD CONTRACT ~ FY ~o~t
Prolect Name 94 7,588,
CO~CT ~W
T~S CONTRACT ~s emered into m the State of Ca~ffomm by ~nd between ~he Co~my of San Bemammo, ~emm~her c~Hed
CI~ OF ~O ~O~ beremRhe~ c~Hed
~0500 CI~C ~
~CHO ~ON~, ~ 9~730
T~elS HEREBY AGREED AS FOLLOWS:
space below and a~dir~onal bond sheets, Set forth service to be rendered. amount to be paid. manner of payment. time for z~erformance or comp/etlon,
AMENDED LAg DIPORCE~NT SERVICE CONTRACT
VHEREAS, CITY and COUNTY desire to provide by contract for performance of lay
enforcement services vithin the territorial boundaries of CITY;
NOV, THEREFORE, IT IS AGREED AS FOLLOWS:
I.
COUNTY shall provide, through the Sheriff of San Bernardino County (hereinafter
referred to as "Sherifle), lay enforcement vithin the corporate limits of CITY as same
nov exist, or as such limits may be modified by annexation or exclusion during the
term of this agreement.
II.
The lay enforcement services to be provided by COUNTY and furnished to CITY
hereunder shall include:
02,12311-O00Rev, 11190
A. Enforcement of state statutes;
8. Enforcement of ordinances of CITY of the type customarily enforced by the
Sheriff within the unincorporated territory of the County;
C. Traffic enforcement, with the exception of such traffic enforcement as may be
provided by the California Highway Patrol on the freeway traversing CITY;
D. Detective, juvenile, and other specialized services such as arson, homicide,
and narcotics enforcement;
E. Attendance at meetings of the City Counsel of CITY and such other meetings of
commissions or boards of CITY as CITY may specify.
III.
Services to be provided by COUNTY shall include Sheriff's personnel and
automobiles as specified in Schedule "A" for law enforcement services. Those
personnel and automobiles are to be assigned at the discretion of the Sheriff based on
the needs of the community.
The services to be provided by COUNTY hereunder shall also include all equipment
(including repairs thereto or depreciation thereon), supplies, communications,
administration, labor, vacation, and sick leave, any COUNTY retirement contributions,
gasoline, oil, and traveling expenses and all other services, obligations or
expenditures necessary or incidental to the performance of the duties to be performed
by Sheriff under the terms of this agreement. There shall be no reduction in COUNTY
compensation under this agreement foc normal downtime of vehicles. In all instances
where special supplies, stationary, notices, forms, and the like are to be issued in
the name of CITY and approved by the Sheriff, the same shall be supplied by CITY at
its own cost and expense.
Nothing in this contract is intended to alter the effect of any statute or COUNTY
ordinance related to fees for housing of inmates detained for CITY ordinance
violations or for criminal Justice administrative fees (Government Code Section 29550,
et seq., San Bernardino County Code Section 16.027A). The CITY viii be separately
billed for those items.
IV.
In consideration for COUNTY'S furnishing and performance of all the services
provided for herein, CITY shall pay to COUNTY, upon contract approval, the sum as per
Schedule "A," attmehad per year, payable in monthly installments at the beginning of
each calendar month during the period of this a~reement. Payments shall be due by the
fifth day of each month for that same month's services. Payments received after
sixty (60) days of when due shall include simple interest after the 60th day against
the amount owing, calculated at the COUNTY'S then current investment pool rate. Said
sum is subject to adjustment for any salary increases or fringe benefits which may be
granted by the Board of Supervisors to Sheriff's employees. The actual cost of
overtime, court appearances, and travel expenses will be billed quarterly.
PAGE 2 of 6
COUNTy shall have the right to renegotiate the rate for services performed under
this agreement at the end of each fiscal year, and said rate may be adjusted upward or
donward to reflect the actual cost.
CITY is responsible for the validity of its ordinances, including any ordinances
or codes incorporated by reference in CITY'S ordinances, and CITY shall defend, hold
harmless, and indemnify COUNTY, its officers and employees with respect to any lawsuit
or action challenging the validity of a CITY ordinance or with respect to any
allegation that any arrest, citation, or other action taken by COUNTY, its officers or
employees was taken under an invalid CITY ordinance, except in those cases where the
invalidity of such ordinance is the result of actions by the Sheriff's Department.
Otherwise than is stated in this agreement, CITY shall not be obliged to pay, and
assumes no liability for any cost, expenditure, charge, or liability whatsoever
incurred by COUNTY in or related to the performance of the provisions of this
agreement by COUNTY, and COUNTY shall, in consideration for the payment of the sums
herein above provided to be paid by CITY to COUNTY, hold CITY harmless from any and
all such costs, expenditures, charges, or liabilities except as otherwise provided in
this agreement. CITY shall not be liable for compensation or indemnity to any COUNTY
employee for injury or sicka~ess arising out of his or her employment while engaged in
the performance of this agreement by COUNTY.
CITY shall hold COUNTY harmless for a reduction in lay enforcement services
resulting from labor relation actions and CITY'S obligation to pay COUNTY shall be
reduced for services not performed for that reason.
V.
The term of this contract shall be a period of time commencing on January 1,
1994, and terminating only as hereinafter provided. This agreement may be terminated
at any time with or without cause by CITY or by COUNTY upon written notice given to
the other at least one (1) year before the date specified for such termination. Any
such termination date shall coincide with the end of a calendar month. In the event
of such termination, each party shall fully pay and discharge all obligations in favor
of the other accruing prior to the date of such termination and each party shall be
released from all obligations or performance which would otherwise accrue subsequent
to the date of such termination. In the event of termination of this agreement, the
COUNTY shall refund any sum previously paid by CITY, which when prorated represents
advance payment for months of service which are not performed as a result of such
termination. Neither party shall incur any liability to the other by reason of such
termination.
Notwithstanding the foregoing, in the event the Sheriff provides any services to
CITY on a holdover basis after the date of contract termination, CITY shall fully
reimburse COUNTY for all costs of providing such services.
COUNTY shall have the right to terminate this contract if CITY does not make
timely payment of its obligations hereunder to COUNTY.
PAGE 3 of 6
Any and all notices required to be given hereunder shall be given in writing by
registered or certified mail, postage prepaid. The addresses of the parties hereto
until further notice are as follows:
CITY: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
COUNTY: San Bernardino County $heriff's Department
Bureau of Administration
P. O. Box 569
San Bernardino, CA 92402-0569
The standards of performance, the methods of performance, the discipline of
officers, the control of personnel, the advancement in compensation of personnel, the
determination of proper lay enforcement practices and procedures, and all other
matters incidental to the manner of performance of services by Sheriff hereunder shall
be determined by the Sheriff at his sole discretion. The responsibility of Sheriff
and of COUNTY to CITY hereunder shall be to provide, as an independent contracting
agency, effective law enforcement of the level herein contracted for, and the CITY
shall not have the right to determine or direct the manner or means of the
per formacre.
VII.
All persons directly or indirectly employed by COUNTY in the performance of the
services and functions to be provided to CITY hereunder, shall be employees of COUNTY,
and no COUNTY employees shall have CITY pension, civil service. or other status or
right. Notvithstandin~ the foregoing, and in order to give official status to the
performance of duties by Sheriff's personnel hereunder, every Sheriff's officer or
employee engaged in performing any such service or function shall be deemed to be an
officer of CITY while performing service for CITY within the scope of this agreement,
and such service function shall be a municipal function.
An arrest made by Sheriff's personnel while engaged in the perform~-~ce of this
a~reement shall constitute an arrest by an officer employed by CITY, and not an arrest
by COUNTY officer, within the meaning of Section 1463 of the Penal Code and any
similar or relate~ statute.
VIII.
CITY shall have the right at any time and from time to time during the term of
this agreement to request a higher level of law enforcement than that herein
contracted for, and within a reasonable time after such requests, COUNTY shall provide
such additional personnel and vehicles as may be required to provide such additional
lay enforcement.
PAGE 4 of 6
In such event, all provisions of this qreament with respect to compensation to
paid by CITY shall remain in full force and effect, but in addition to payment of
sums hartin provided, CITY shall pay COUNTY in monthly installments the cost of
such additional lay enforcement service.
IX.
In the event of riot, civil commotion, or other emergency in the CITY which
requires additional emergency or "hack-up" service, COUNTY shall provide the same.
In the event of authorized public gatherings in the CITY requiring additional
police services, salaries and related costs shall be borne by CITY, except where such
authorized public gatherings occur on state or federal property within the CITY
limits, such additional costs shall not be chargeable against the CITY.
Not included in riots or related services are salaries or related costs of'
additional police services for authorized public gatherings. In the event of such an
emergency outside of the corporate limits of CITY, personnel or equipment assi2ned by
Sheriff to the performance of COUNTY'S duties hereunder may be utilized by COUNTY in
connection with such amer2ency, however no more than fifty percent (50~) of available
personnel and equipment may be assigned outside the CITY boundaries without the mutual
agreement of the Sheriff and the City sansget. In the event of a major emergency in
the CITY and surrounding communities, Sheriff's personnel and equipment shall not be
assigned outside the CITY boundaries at a level which would deter from the CITY'S
ability to respond to the existing emergency. In cases where the City ~anaZer or his
or her designee cannot be consulted prior to such deployment, such advisement must be
to the City Mana~er's Office immediately or as soon as possible thereafter. In
case the City Nana~er must be personally informed of the situation immediately or
as soon as possible thereafter. The CITY shall be reimbursed for any resultant
service not performed.
To facilitate the performance of services hereunder by COUNTY, CITY, its
officers, qents, and employace shall 2ire their full cooperation and assistance
within the scope of the duties and responsibilities of such officers, qents, and
employees.
CITY shall hold COUNTY, its Sheriff, officers, and esployee~harmless from any and
all liability for intentional acts or negligence on the part of CITY, its officers and
employees (excluding any employees of COUNTY enZqed in the performance of municipal
duties hereunder) arising out of or relating to the performance of this contract.
Sheriff shall be designated as the Chief of Police of CITY at all times during
the term of this qreement.
PAGE 5 of 6
Said Sheriff shall designate a station commander to work directly with and
provide liaison with the City Manager and other CITY officers of the CITY. The
Sheriff's commander shall make regular monthly reports to the City Manager, and such
other reports as may be appropriate as determined by the Sheriff~ with respect to
enforcement within the corporate limits of CITY.
COUNTY OF SAN 8ERNARDINO
e- CI1'1' OF IrANOlO COINCA
Chairman, Board of Supervisors (State if corporation, company, etc.)
Dated By I~
(Authorized Signature)
SIGNED AND CERTIFIED THAT A COPY OF THIS Dated
DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN
OF THE BOARD. Title.
Clerk of the Board of Sur}ervisors of the County of San
Bernard)no. Address 10SO0 CJ. vIC CZITI:u
'~v' leAliC80 COCAMONCA, CA 91730
Deputy
AEPr°~F~'/~ I Reviewed as to Affirmative Action Reviewed for Processing
o.,. r fq.f o.,. o.t.
SCHEDULE A
LAW ENFORCENENT SERVICE CONTRACT
CITY OF RANCHO CUCAMONGA
FY 93/94
FY 93/94
SERVICE COST*
6 - 168 Hour General Law Patrol Units $2,756,646'*
4 - 80 Hour General Law Patrol Units (2 units w/radar) 898,426'*
5 - 56 Hour General Law Patrol Units 805,024.,
5 40 Hour General Law Patrol Units (2 units w/radar) 569,897'*
5 40 Hour Traffic Patrol Motorcycles With Radar 550,885.,
4 40 Hour K-9 Unit 104,698'.
8 40 Hour Detective Units 950,209**
MENU ITEMS
1 - Captain with unit 109 073**
3 - Community Services Officers 121 461
2 Forensic Specialist II 144 892
3 - Sheriff's Service Specialists 196 284
1 - Public Information Clerk 27 921
3 - Senior Deputy Differential 17 814
1 - Deputy II DARE Officer 67 570
1 - Research Analyst 44 000
1 - Secretary II Differential 3 880
1 - Secretary I Differential i 511
1 - Supervising Station Clerk Differential 3 319
~1 - Station Clerk 33 097
1 - Marked Unit 8 187'*
5 - Unmarked Units 32 695**
i - Mid-Size Pickup Truck 6 458**
2 - Marked Mini-Vans (DARE van insurance only) 8 057**
1 - Marked 4X4 10 114.,
Services and Supplies Credit (60 108
CAD/CLETS/RMS 10,269
County Direct Cost 217,581
Start-Up Cost Vehicles and Employees 11,164
POSITION CREDITS
Lieutenant .35 Credit ( 32,852
Sergeant .07 Credit ( 5,773
Station Clerk .10 Credit ( 3,310
Motorpool Services Assistant - .60 Credit (20,645)
TOTAL $7,588,444.
DIRECT COSTS ARE THOSE COSTS ASSESSED TO THE SHERIFF'S DEPARTMENT BY THE
COUNTY FOR:
Personnel Liability Insurance - $108,431
Personnel Bonding Fee - $ 815
Vehicle Insurance Fee - $108,335
MONTHLY PAYMENT SCHEDULE:
payment due the 15th of July - $632,374
2nd through 12th payment due the 5th of each month $632,370
(07/01/93) PAGE 1 of 3
180
SCHEDULE A
LAW ENFORCEMENT SERVICE CONTItACT
CITY OF KANCHO CUCAMONGA
FY 93/94
City will be billed on a quarterly basis for:
Actual Overtime Cost: Overtime and court appearances estimated for
FY 93/94 is $217,000.
Professional Services From Private Vendors.
Services and Supplies.
Fuel and Maintenance (if applicable).
K-9 Charges: Cost for food, medical expenses, etc.
* Subject to change due to salary and benefit changes or Board of
Supervisors action.
** Less Fuel and Maintenance. City is responsible for fuel and
maintenance of all contract vehicles. Maintenance is defined as
all routine maintenance, all necessary repairs (mechanical or body
repair), and replacement of any destroyed vehicle. If vehicle
damage is eligible for coverage under County insurance policies, a
claim will be filed with County Risk Management. Any money
reimbursed by Risk Management will be credited to the City's
account to offset City costs.
(07/01/93) PAGE 2 of 3
131
CITY OF RANCBO CUCAMONGA
LAW ENFORCEMENT CONTRACT
FY 93/94
SAFETY GENERAL
1 - CAPTAIN 2 - FORENSIC II
2 - LIEUTENANTS 3 - SHERIFF'S SERVICE SPECIALISTS
10 - SERGEANTS 1 - RESEARCH ANALYST
12 - DEPUTY III'S 1 - SECRETARY II
55 - DEPUTY II'S 1 - SECRETARY I
80 3 - COMMUNITY SERVICES OFFICERS
1 - SUPERVISING STATION CLERK
12 - STATION CLERKS
1 - AUTOMOTIVE ASSISTANT
1 - PUBLIC INFORMATION CLERK
10.45 - DISPATCHERS
VEHICLES EQUIPMENT
22 - MARKED PATROL UNITS 4 - MADAR GUNS
(includes K-9)
14 - UNMARKED UNITS
1 - DARE VAN
1 - 4X4
1 - MID-SIZE PICKUP TRUCK
5 - MOTORCYCLES
1 - MINI VAN
(07/01/93) PAGE 3 OF 3
132
MINUTES OF THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
JUL 2 2 I~
FROM: FLOY0 TIDWELL, Sheriff
SUBJECT: },AN ENFORCEHENT SERVZCE CONTRACT
RECOMMENDATION: Effective July 1, 1985:
1. Approve revised contract to provide minor word changes and increased
law enforcement service to the City of Rancho Cucamonga.
2. Approve addition of three (3) Deputy Sheriff ZZ positions, with
concurrent classification-
3. Approve addition of two (2) Transcriber Ty~tst Z[ positions, with
concurrent classification.
4. Approve addition of one (1) Publtc information Clerk position, with
COncurrent classification.
5. Approve addition of three (3) fully equipped (two with radar) marked
petrol vehicles.
6. Authorize the County Administrative Offtoot to include appropriation
and revenue in the 1985/86 budget to ~flect t!;e above actions.
REASON FOR RECOHH[NOATIOq: Revision of the current contract was required
because of minor word change in Art,c1:.s [Z ;rio I[[. The revised contract,
with effective date of July I, 1985, replaces the current contract (83-819)
and establishes the FY 1985/86 fee schedule for the City and reimbursement
to the County.
As petitted under Article VIII of the contract, the City of Rancho Cucanmnga
is requesting a higher level of servic for FY 85/86. The requested le~l
nf service requires three (3) additional Deputy IIs, two (2) Transcriber
Typist IIS, one (1) Public Information Clerk, and three (3) fully equipped
mar~d patrol units to handle the i~creased workload.
:c: ~-eriJ-t-P~:'''r~fo~d v/a~ee. AGREE~.MT ~O. 85-596
APPROVED BOARD OF SUPERViSOrS
,~tral P~ll ..
rers~,~,-1 (3)
MOTION ~d
~.'~hicln ~ces I '
UA~H m SEKERAK C E~ OF THE ~RO ·
fLle wl.l~C
DATED: .-r..
~"Z£M I[~H OTHER DEpARTHENTS: The contract has Hen spproved as to form
by Ronald 9. Rettz, Oeputy County Counsel, and ~osttton classifications have
been ~evteed by t~e personnel Department.
FZNANCZAL DATA: No additional net cost to ~he County.
JULY 22, 1985
SCHEDULE "A" RATE8
LAW ENFORCEHENT SERVICE CONTRACT
CZTY OF RANCHO CUCAHONOA FT 1985-86
FT 1985-86
COST
SERVICE "'
5 - 168 Hour General Law Patrol Units $ 1,380,665 ee
I - 112 Hour General Law Pstrol Units 198,69~
2 - 80 Hour General Law Patrol Units 269,856
~ - 40 Hour General Law Patrol Units 203,775
2 - 80 Hour Traffic Patrol Units (with radsr) 270,758 sa
~ - 40 Hour Trafflo Patrol Units (with radar) 273,50~ ee
5 - qO Hour Detective Units 360,n85 ee
~69,~0
Captain and Car 5,656
Sergeant's Harked Unit ~,735 me
Additional Unmarked Unit
Harked ~-Wheel Drive Patrol Unit 6,~29 se
38,296
Deputy Z (1) 112,650
Radio Dispatchers (5)
Senior Deputy Differential (3) 11,631
Secretary II (1) 2Q,621
Secretary I Differential (1) 99q
16,807
Extra Help Safety (3/~) ~U,038
Transoriber Typist II (2)
U,O00
Travel Expe.se 59 08~
County Direct Cost TOTAL $
County Direct Cost are those costs Honthly p~yment S~hedule:
assessed to the Sherlff's Department
by the Ccunty for:.. -_ ..
Personnel Liability Insurance Fee 1st Payment Due July 15th,
personnel BopdlnK Fee
Vehicle Insurance Fee 2nd through 12th Payment
Due 5th of Each Nonth
ADDITIONAL,CHARGES BILLED QUARTERLY: ·
Overtime: Cverttme and court appearances estimate for FY 85-86 is ~IOc
Actual overtime will be billed quarterly.
V~htcl~ ~=4.~o"~nc?: Estl,adL~d maintenance cost based on q36,OCO
p-r mile is ~112.320. Actual cost will be htlled qucr~erly.
~-9 Ch~r~s: Cost for food, medical ~xpense and etc., will he bill-d
qu~rtPrly.
e ~ropo~d, subject to change. du~ to Mnmorandum of Under~tandin~
*~ L~s~ Fu~t ~nd MAintenance
(~CSCDA)
Revised
06Z26~85
LYLE L. R[THERFO~
~A~ARD ~RACT :~ v-,,
THIS CONTRA~ It ~e~ into I, t~ Sis. of ~llfomle ~ e N~
~le t~ ~nW, ~d
CZ~ 0F ~NC~ CU~ ~Nrcelle CZTY
P. 0. Box 807
Rancho Cucamnoa, Calf forte 917~
IT IS HEREBY AGREED ~ FOLLY:
~gR~, City 8~ C~n~y desire
f~ perfo~enee ~ t~ ~fore~ esPytees etthZn t~ territorial
~u~derZes of City.
C~n~y sbeXZ provide, ~hr~ ~he ~rlff
C~nty (hereZnefter referr~ ~ as *Shertff"),
~he e~porste Zl~ts ~ C!~y as see ~ etis~,
~e ~trze by annexstl~ or exolusZ~ dur'.nl t~ te~ or thZs
sirrant.
~T.
furnished to CIty hereunder 3hsll include:
A. Enforeemt of sts~e ststutes:
8. ~nroreeNnt or ordtnsnees of City of tee t~p ~stomrZly
C~ntr~
?
I C. N!lee Roteatlas oe tWe tYW erosSmartly WPovtded
3
6 glOW Pmtro~ ~ ~ fr~ treePetal CltF:
taproom ,~ ~ 9~rl~ In ~ el~rm&~ mrmm of
C~tF su~ on er~m, ~te!~, ~ nm~lem
l0 F. Att~.~e at mrSflU ~ ~ City ~11
~ City ~ o~i~:
13 O. Jail ~ollttiM ~ Nr~s et~ f~ ~olstl~s
14 ~ Ci~ w~n~8 ~i~ ~ll b billd b ~ City;
16 eust~rtly ~vid~ ~ S~t~ within tM wi~mt~
17 o~ea of t~ C~ety.
!l Ill,
it Setvim ~ ~ R,id~ ~ C~ty shell iMIUde
21 Se~10 el° r~ 1~ ~rore~t mrviMs. ~m ~s~el
a~ su~btles ire ~ be sssl~ st the discretion ~ the
Sheriff b88~ on t~ n~a of the
2)
T~ ~rviees ~o ~ provtd~ ~ C~ety ~r~er shall
also include ell ~uipet (i~Xudtng fairs thereto
~ depreele~ion ~he~n), ~pltes. e~ml,.e~ioes.
~lnistrmtlon. IOV. v~atton a~ siek Doe. any C~ty
2 othm' Hi'vies, ol)iilstioel or etpendtturee neesleety or
3 incidental to the Imerformnee of the duties to be performed
4 troy Sheriff ueder the teal of %him airesmeet. There shall
for ella1 downtim of vehislel. In oll instances ~here
7 ipe~iel lapptieS, itltteesry. nelleel, f~wme end the like
are to he issued in the noms of City end spproved 17 the
Sheriff, the sam shell be sealted by City st its mm east
lO see
11
12
shell
15
!d moethly installmete St the bqineiq of emeh esls~dor
Imnth duties tM pc-See of ~il siresmerit. First
psyu~t shell be due off July 15, 1985, the rmiete( wilyeft
II
psyssnt$ sis11
moe~. 581d mm i$ sebJset ~ eeJ~stmse~ ~oP sly sslsm-y
increases or f~lnp Merits vhleh amy be Ireted by the
21
9octal'of 9u!wrvtserl ~o shertrr's taxsties. m~e se,.usl
east of o~erttme, court Ipeesrlnees, vehicle f~eZ 8fwl
msiqtamsnee end travel
June ]0 will lme litlies quarterly.
CDunty Ih811 hays the rliht to renqottlta the Pete
for servi'eS performed Under this eRrlament st the tad
each fiscal year, end said rate ely
dnvnverd to reflect the actual lost.
2 ordineeeee, Iseludtnl any ordteaeeee ee o~ee
hoXd heroes, e~ tnd~ C~y, its ~rtoeeo
4
-liepriM ~t my ~Not. ettsttm, w ~ mtl~ take
?
I
IRalid City HIsses, el~t Is ~ seMI ~re the
I0
II
~m ~ is e~ is ~le e~. City ~11
14
!7
~ld~ ~ b ~ld In City, ~ld Ci~ a~e~
!1
~t. City s~ll e ~ ll~le 'f~ lgt~
21
i~tty to ~y C~nty-elSe f~ ln~ f siskNee
ariatel ~ ~ him ~l~t ~ile epl~ In the
~rformnee of this Igr~n~. by
CIty shall hold C~ntv harmless f~ · r~etton
~for~et lerviees r~suTtlnl frm le~r relations ~tlons
s~ City's oblJfeti~ ~ p~ C~n~y shell be
~ e;rvleel riot perforid fop that
139
!
2 The tea of thlo eeetr~et lhell be · period of tip
4 ~erenf~er provided. ~tl Ilre~e~ ~y ~ t~t~
Any ~i~ etch ~ vt~t e~N bY City ~ by C~ty
7 el ~h ~.y days ( 1 qO) ~roff ~ de~e spee I
I termiRe%ion. A~ 9u~ termiewti~ dm~.; ehmlt eolee!~e vith
9 the end ~ a calendar ~th. Tn the ev~t
]0 termination. each p~rty shell ~lly p,y ,ed
II oblige~l~s in f~v~ ~ t~ oth~ see~ieR prt~
d~t~ of such t~tnet!~ m~ --e~ psr~y shmll
rr~ sIT obllgl~l~s ~ ~rforml~ ~t~ v~ld' o~he~iM
event or te~instl~ ~ this el~.. ~M C~ty shell
16 refund s~ sum pr~vtwsly ~id ~ Ci~y. ~leh ~ prorwt~
17 r~Dres~s mdvanee p~t r~ ~th8 or servt~ ~i~
18 ,o~ ~rfo~d ws · result or sue~ te~r~l~. Neither
~ queh ts~tnntl~.
21 i~ ~ all ~te~s r~quirsd to M Itven
~ shall ~ ~m In vritin( ~ reglster~ ~ ~tlfS~ all.
~ ~rth~ notlee ere so rollS:
C1 ~: ~rOf hnChO CuemeSa
Post Office ~x 807
Re,the C~o~ga, ~ 917~
27 ~,~w~: ~ard of SuN~fsors
Curry kve~t ~ter
~ ~5 N, Ar~/d. Sth F1~r
Me k~aMtno, ~
I
2
~rs~eet, tM ~eM~t t~ e~satl~ ~
4
t~ ~te~nmtt~ ~ ~ 1~ ~r~% ~tioes me
dete~t~ ~ S~Sff in MS ~te ~M~Im.
I
PeekciVility ~ SM~ff ~ ~ C~ty ~ City
9
IO
~o~d~ ~ City M~, ~ll M mlffm ~
~ M CM~ ~l~m m~l Me CIQ ~sim, et~I
!1
~9
21
e~ g~irrem ~rt~r ~ el~W ~Pl~ in ~fo~inl
lay ~h MrSfie ~ ~t!~ shall M ~ ~
officer ~ City ~itw .rro~t~ s~viee f~ City within
~hmll ~ m ~tetpel fusett~.
3 Penal C~e ~ SeW statler ~ ~tmtd mtet~e,
VT~,
4
~ r~t~ ~ ~
!0
In ~ e~t, ell ~sim
It
re~ ~ ~mttN
13
m ~te ~i~,
iwstellm~ t~ ~$t ~ M ~timl ~ Newest
~viom,
17
la tM et ~
19
mrl~ in W City ,i~
21
cttt r~vtPtM ~dtttmet
Pelm~ costs shell ~
23
suthortzN ~blte fmt~inp M~ ~ State Y r~ersl
pr~trt, r within the City limits,
shell Mt be ~er~eeble seminar the City.
ne~ leeluded in riots ~ related mereires ere salaries
~r rele~ed meets of addtits! paltee services
! authorized lathertop. In She creel
2 erosfleecy ovteide of tIM eorp~rat~ ~ieits ot City,
) Floeeel or equipmet asciined ~y Sheriff to the
4 perf~senoe of Cremeyes duttes hereundo, may be u~ilizel
S by County in seewearies wt~ smoh emerpecy, end the Cl~y
6 shell be rellburse~ feP any rme':ltmt service
·
To feetliters the perlerashes of services betreader by
I0 County, City, iLo eelleers, elm~s, ~ elPloycll sbell
It Ixve their f~ll Oeeeerstioes md moistsee vtt~ie the
12 see~e of t~e duties e~t res!Mesibllltles of fue~ offioe~e,
,~ ..
, = =
13 siesta,me sipleased,
Ct~y shell held CeustT, Its Ilu~iff, offlows,
14
es~leyoes headless f'~'e serf end ell lisbiliW
ln*.entlemmel lets or ne~lilenee on the pm't o~. City, its
17
e~,g~ged In the Verf~nee of municipal duties
lI.
· m'lff shell M desi~eo, ed el UQo C~lef of Paltee or
21
Cityst ell times du~l~2 the te~ ef t~mie efm-eewkmt.
Said Sheriff shell s~point s dermtV ee
ssstAqmed to work ~treetly with and provide m. laiso~ wi*,h the
24
City Manm~er end other CfCy off leers of ~he City,
~h~rirfes Deputy shell r,ke regular monthly reports to
24
City Manager, end such other reports as mr/~e, appropriate /
2'/ .
?Jl ~s determined b7 the fheriff, with respect to 1me
~tveen ~he parties vhieh prior Ilreeaent shall ~erminate
upon ~he effec~l ve da~e of ~hZs 81reesen~.
Memorandum
City Manager's Office
To: Mayor, City Council
From: Jack Lam, City~
Date: February 14, 1994
Subject: Booking Fee Settlement and Law Enforcement Contract
The City has been informed that the County has not signed the Settlement Agreement and it's fate
may be implicated in the County's current labor negotiations with the Sheriffs Employees Benefit
Association, (SEBA). Counsel to the contract cities has advised that our contract cities should take
no action on these documents until the County has executed the Settlement Agreement. Since the
Settlement Agreement and the Amended Law Enforcement Service Contract are a package deal, staff
agrees with our legal counsel not to take action on any of the documents presented to the City
Council for Wednesday's Council meeting. Please contact me should you have any questions.
attachments: Letter from William J. Brunick and attachments
'- j
DATE: February 4, 1994
TO: All San Bernardino County Contract Cities
FROM: William J. Brunick
RE: City of Adelanto, et al. v. County Of San Bernardino
Case No. 262309
City of Victorville, et al. v. County of San Bernardinn
Case No. 262162
Ladies and Gentlemen:
The purpose of this memorandum is to update and discuss the
above-referenced matters.
As you probably know, the County did not sign the Settlement
Agreement in the booking fees case. Enclosed herewith please find
a copy of a letter dated February 1, 1994, from Harry Mays to Sam
Racadio.
For those cities that have already forwarded a fully-executed
Settlement Agreement and the Amended Law Enforcement Service
Contract to the County, please be advised that you will not be
bound by the terms of the amended contract and that the County will
continue to operate and perform its law enforcement functions
pursuant to the existing contract. Enclosed herewith please find
a Copy of a letter dated February 4, 1994, from this office to
County Counsel.
For those cities that have already signed the Settlement
Agreement and the Amended Law Enforcement Service Contract, but
have not yet mailed these documents to the County, it is
recommended that you hold on to these agreements until the County
has signed the Settlement Agreement.
For those cities that have not signed the Settlement Agreement
and the~anended Law Enforcement Service Contract, it is recommended
that no action be taken on these agreements until the County has
executed the Settlement Agreement.
AS always, we will continue to keep you abreast of the ongoing
status of these matters. If you have any questions or comments,
please feel free to contact me at your earliest convenience.
COUNTY OF
SAN BERNARDINO
Counly Admlnislnllve Office tu,~,. c~.., ~,d.. ............~d ~,~.,
No, I ArroWtrod Plato,
Co'anty ~rlt~ Offi~ ~n gernafdlno, CA 924l$~1~ ..... :, '
Tc;~o~ (~) 387-$430
Febma~
~r. Sam ~ac~io, City ~a~a~er
Cit of Hi hland
26~5 E. ~aseline Avenue
Highland, Californi~ 92~46
DearSam:
AS you are aware, the contra~ cities and the County of San Bernardino are close to
reaching agreement on the resolution of the bookin fee awsuit and the signing of
a new contra~ city law enforcement contra~. Un~unately, due to the current
[abor discussions be~een the 5heriff's Employe~ Benefit Association (SEBA) and
the County of 5an Bernardino and the possible ~mpa~ on fundin , semite levels and
cost to the county and contra~ tit as, the Coun~ of San Be rnar~no must po~pone
any fu~her aw enforcement contra~ discussions for the present.
I will keep you advised as labor negotiations proceed regarding possible impacts
you r city.
Si rely
H~~AY$
County Administrative Officer
HMM:des
Post-it" brand (ex tranSmittat memo 7671
BRUNICK, ALVAREZ & BATTERSBy
February 4, 1994
VIA FAX AND MAIL
Susan A. Hopkins, Deputy County Counsel
San Bernardino County Counsel
385 N. Arrowhead Ave.
San Bernardino, CA 92415-0140
Re: City of Adelanto, et al. v. County of San Bernardino
Case No. 262309
~ity of Victorville, et al. v. County of San Bernardin,,
Case No. 262162
Dear Sue:
The purpose of this letter is to confirm our telephone
conversation of February3, 1994, regarding possible settlement of
the booking fees case.
In this regard, you advised me that the County's Board of
Supervisors did not sign the Settlement Agreement which you and I
had prepared due to its perceived effect on the County's current
labor negotiations with the Sheriff's Employees Benefit
Association.
AS such, you and I agreed that the Settlement Agreement and
the Amended Law Enforcement Service Contract were a package deal
and that any City that has already signed both agreements would not
be bound by the terms of the Amended Law Enforcement Service
Contract until the County signed the Settlement Agreement. You
further advised me that the County would continue to operate and
perform under the existing law enforcement service contracts.
Thank you for the professional courtesy and cooperation you
have shown throughout this case.
Very truly yours,
BRUNICK, ALVAREZ & BATTERSBy