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HomeMy WebLinkAbout1994/11/16 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. November 16, 1994 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, Califorma 91730 City Councilmemben Denni~ L. Stout, Mayor Charles J. Buquet, Mayor Pro Tern W'ffiiam J. Alexander, Councamember Rex Gutierrez, Councilmember Diane WilllAma, Councamember Jack I ~m, City Mana~r JAmes L Mark-man, City Attorney Debra J. Ariams, C/ty City Office: 989-1851 City Council Agenda November 16, 1994 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. PAGE A. CALL TO ORDER 1. Roll Call: Buquet , Alexander , Stout , Williams , and Gutierrez B. ANNOUNCEMENTS/PRESENTATIONS Presentation of Proclamation to the Etiwanda High School Marching Eagle Regiment congratulating them for winning the Bands of America Western Regional Championship competition. Presentation of Proclamation to recognize Rancho Cucamonga's Participatjon in the Buckle Up for Life Challenge for 1994/95. Presentation of Proclamation to Jack Hill of Adelanto and Calvin Davis of Playa Del Rey for their assistance in apprehending a hit and run driver. 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: October 19, 1994 Approval of Warrants, Register Nos. 10/26/94 and 11/02/94 and Payroll ending 10/20/94 for the total amount of $763,085.96. Approval to file current investment Schedule as of October 31, 1994. Approval of an application for Grant Funds from the Environmental Enhancement and Mitigation Program for the Metrolink Railway Station Beautification Project. City Council Agenda November 16, 1994 PAGE , o RESOLUTION NO, 94-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE RANCHO CUCAMONGA METROLINK STATION METRO PARK Approval of the acquisition of approximately 2.4 acres in the amount of $2,500,000.00 plus $10,000,00 for escrow fees, Account Number 16-50400, for the right-of-way necessary for the modificatjon of the Interstate 15 and Route 66 Interchange. (Continued from November 2, 1994) Approval to execute a Joint Powers Agreement (CO 94-079) between the City of Rancho Cucamonga and the State of California Department of Transportation (State), (Agreement No. 8-721 ), for funding of the Interstate 15 and Route 66 Interchange Modification. (Continued from November 2, 1994) Approval to authorize payment to Mathaudu Engineering for consulting services on HVAC System at the Old Library Building, in the amount of $1,000.00 to be paid for from Account No. 13-4563-6028. Approval to review the policy regarding gifts and gratuiljes, Approval of Parcel Map 12877 and Ordedng the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2, located on the north side of Hillside Road, east of Moonstone Avenue, submitted by Irwin B. Golden. RESOLUTION NO. 94-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 12877 RESOLUTION NO. 94-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 12877 City Council Agenda November 16, 1994 10. Approval to award and authorization for execution of Contract (CO 94-080) for Bike Pathways, located at Terra Vista Parkway, Church Street, Fourth Street, Arrow Route, Greenway Corridor, Etjwanda Avenue, Archibald Avenue and Haven Avenue, to Laird Construction Company, Incorporated, for the amount of $61,734.64 ($56,122.40 plus 10% contingency), to be funded from Air Quality Improvement Grant Account No. 14-4158-6028. 11. Approval to execute a renewal of the Agreement (CO 94-081) with the County of San Bernardino for Weed Abatement Services. 12. Approval to execute Lease Amendment (CO 92-064) between the City of Rancho Cucamonga and Valley Baseball, Incorporated to allow for an expansion of the stadium to be paid for by the tenant. 13. Approval to execute Improvement Agreement Extension for Tract 13304 located on the northwest corner of Terra Vista Parkway and Mt. View Drive, submitted by Lewis Homes. RESOLUTION NO. 94-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13304 14. Approval to execute Improvement Agreement Extension for Tract 14139 located on the southwest corner of Etiwanda Avenue and 25th Street submitted by Ahmanson Development. RESOLUTION NO. 94-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14139 15. Approval to accept Improvements, Release of Bonds and Notice of Completion for the 30 inch Water Line for Tract 13750, located on 24th Street east of Wardman Bullock Road. Release: Faithful Performance Bond $ 92,000.00 RESOLUTION NO. 94-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13750 - 30 INCH WATER LINE, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK PAGE 16. City Council Agenda November 16, 1994 Approval to accept the Milliken Avenue Park Parking Lot Improvement Project, Contract No. 94-033, as Complete, Release the Bonds and Authorize the City Engineer to file a Notice of Completion and Approve the Final Contract Amount of $191,413.26. RESOLUTION NO. 94-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR MILLIKEN AVENUE PARK PARKING LOT IMPROVEMENT PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK PAGE E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading, Second readings are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. CONSfDERATION OF AN ORDINANCE ESTABLISHING LIMITATIONS FOR THE RANCHO REDEVELOPMENT PROJECT AREA OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, PURSUANT TO THE PROVISIONS OF CALIFORNIA HEALTH AND SAFETY CODE SECTION 33333.6 ORDINANCE NO. 537 (second reading) AN ORDINANCE Of THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING TIME LIMITATIONS FOR THE RANCHO REDEVELOPMENT PROJECT AREA OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, PURSUANT TO THE PROVISIONS OF CALIFORNIA HEALTH AND SAFETY CODE SECTION 33333.6 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. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 94-05 - CITY OF RANCHO CUCAMONGA - A request to streamline the procedures for review of single family residences in hillside areas. City Council Agenda November 16, 1994 PAGE 5 ORDINANCE NO. 538 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING DEVELOPMENT CODE AMENDMENT NO. 94-05, AMENDING THE DEVELOPMENT CODE, CHAPTER 17.24, HILLSIDE DEVELOPMENT REGULATIONS, AND MAKING FINDINGS IN SUPPORT THEREOF G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. H. CITY MANAGER°S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. No Items Submitted. I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. DISCUSSION OF OPTIONS RELATED TO AN ORDINANCE TO PREVENT CONVENIENCE STORE ROBBERIES UPDATE ON ROUTE 30 SEQUENCING FROM SANBAG AND THE CORRIDOR DESIGN AUTHORITY (Oral Report) CONSIDERATION TO SUPPORT PLANNING COMMISSION RESOLUTION OPPOSING THE REGIONAL COMPREHENSIVE PLAN (RCP) IN ITS CURRENT FORM J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. City Council Agenda November 16, 1994 PAGE 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. ADJOURNMENT 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 November 9, 1994, seventy-two (72) hours prior to the meeting per Government Code 54953 at 10500 Civic Center Drive. October 19, 1994 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetincl A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October 19, 1994, in the Coundl Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:08 p.m. by Mayor Pro Tem Charles J. Buquet II. Present were Coundlmembers: William J. Alexander, Chades J. Buquet II, Rex Gutierrez, Diane Willjams, and Mayor Dennis L. Stout (7:41 p.m.). Also present were: Jack Lam, City Manager; James Markman, City Attorney; Rick Gomez, Community Development Director; Karen Emery, Associate Park Planner; Brad Buller, City Planner; Larry Henderson, Principal Planner; Cindy Nords, Associate Planner; Cathy Morris, Planning Technician; Joe O'Neil, City Engineer; Bob Zetterberg, Integrated Waste Coordinator; Bob Dominguez, Administrative Services Director; Suzanne Ota, Community Services Manager; Paula Pachon, Management Analyst II; Deborah Clark, library Manager;, 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 Jan Sutton, Deputy City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation recognizing the week of October 24 through 30, 1994 as "Red Ribbon Week." Mayor Pro Tem Buquet presented the proclamation to Deanna Bowers, school nurse for Central School District, who was representing R.C. Casa. C. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. City Council Minutes October 19, 1994 Page 2 D. CONSENT CALENDAR Jack Lam, City Manager, announced there was a correction to Item D5, and that the attachments for Items D7 and D8 were reversed in the agenda package, and that corrected staff reports had been submitted to the Council. D1. Approval of Warrants, Register Nos. 9/28/94 and 10/5/94; and Payroll ending 9/22/94 for the total amount of $2,001,115.21. D2. Approval to receive and file current Investment Schedule as of September 30, 1994. D3. Approval to authorize staff to seek proposals for the preparation of the Conceptual Master Plan and Phase I Construcljon Documents for the development of Northeast Community Park. Project to be funded by Public Resource Grant and 1988 Bond Act Money. ITEM REMOVED FOR DISCUSSION BY MAYOR PRO TEM BUQUET. D4. Approval of the submittal of Household Hazardous Waste Discretionary Grant to the California Integrated Waste Management Board. RESOLUTION NO. 94-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY GRANT APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD AND AUTHORIZING THE CITY OF CHINO TO ACT ON BEHALF OF THE CITY OF RANCHO CUCAMONGA AS HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY GRANT APPLICANT AND ADMINISTRATOR D5. Approval to extend Comcast Cable T.V. Franchise. RESOLUTION NO. 91-012R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCAMONGA D6. Approval to transfer equipment from the City to the County of San Bernardino. D7. Approval to award and authorization for execution of contract (CO 94-075) for Milliken Avenue Grade Separation Slope and Drainage Modification, located on Milliken Avenue south of Jersey Boulevard at the Southern California Regional Rail Authority (SCRRA) Railroad Tracks (Formerly AT & SF) to Sean Malek Engineering and Construction for the amount of $88,737.00 ($80,670.00 plus 10% contingency) to be funded from Landscape Maintenance Distdct No. 3B, Account No. 464130-9324. D8. Approval to award and authorization for execution of contract (CO 94-076) for Salina Avenue Street Improvements, between Calaveras Avenue and Sierra Madre Avenue and Vinmar Avenue, Street Improvements to 350 feet north of Saline Avenue to Sean Malek Engineering and Construction for the amount of $156,807.53 ($142,552.30 plus 10% contingency) to be funded from CDBG Funds, Account No. 28-4333- 9318. City Council Minutes October 19, 1994 Page 3 Dg. Approval and execution of Cooperalive Agreement (CO 94-077) State Agreement No. 8-924, between the City of Rancho Cucamonga and the State of California for the design and constru~on of Traffic Control Signals and Safety Lighting on Route 30 at Hermosa Avenue. RESOLUTION NO. 94-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF COOPERATIVE AGREEMENT, STATE AGREEMENT NO. 8-924 FOR THE DESIGN AND CONSTRUCTION OF TRAFFIC CONTROL SIGNALS AND SAFETY LIGHTING ON ROUTE 30 AT HERMOSA AVENUE D10. Approval to execute Usage Agreement (CO 94-078) between Chaffey Community College and the City of Rancho Cucamonga for use of Recreational Fields at the College. MOTION: Moved by G~errez, seconded by Alexander to approve the staff recommendations contained in the staff reports of the Consent Calendar. Motion carried unanimously, 4-0-1 (Stout absent), with Gutjerrez abstaining on the approval of the Investment Schedule. DISCUSSION OF ITEM D3. Approval to authorize staff to seek proposals for the preparation of the Conceptual Master Plan and Phase I Construction Documents for the development of Northeast Community Park. Project to be funded by Public Resource Grant and 1988 Bond Act Money. Mayor Pro Tem Buquet stated as pert of the Park and Recreation Subcommittee, he wanted to make everyone aware of the hard work that has gone into this project and the length of time involved in getting this off the ground. He also wanted to point out that the funding for this project was from the 1988 Public Resource Grant and Bond Act Money, and this was an example of going out and finding other funding sources for a project. MOTION: Moved by Buquet, seconded by Alexander to approve Item D3. Motion carried unanimously, 4-0-1 (Stout absent). No items were submitted. E. CONSENT ORDINANCES F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF FIRST CONSOLIDATED PLAN PUBLIC HEARING FOR THE PURPOSE OF OBTAINING PUBLIC INPUT REGARDING HOUSING AND COMMUNITY DEVELOPMENT NEEDS An announcement was made in Spanish prior to the start of this item that translation services were available if needed. Mayor Pro Tem asked if anyone in the audience needed the translation service, which was also repeated in Spanish. No response was made from the audience. Staff report presented by Cindy Nords, Associate Planner. City Council Minutes October 19, 1994 Page 4 Mayor Pro Tem Buquet opened the meeting for public headng. A cerd~ed transcript of the public headng is on file in the office of the City Clerk, and by reference is made a part of this record. Mayor Stout arrived during the course of the public hearing at 7:41 p.m. Mayor Pro Tem Buquet stated a second public hearing will be held in March on this topic. MOTION: Moved by Gutierrez, seconded by Alexander to accept staffs recommendation contained in the staff report. Motion carried unanimously, 5-0. A recess was called by Mayor Pro Tem Buquet at 8:33 p.m. The meeting reconvened at 8:53 p.m. with all members of Council present. F2. CONSIDERATION TO AMEND COMPREHENSIVE FEE SCHEDULE (Staff Requests This Item Be Continued to December 7, 1994) MOTION: Moved by Buquet, seconded by Alexander to continue Item F2 to December 7, 1994. Motion carded unanimously, 5-0. No items were submitted. No items were submitted. G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS I1. UPDATE REGARDING HR 1843 COUNCIL BUSINESS (Continued from October 5, 1994) Jack Lain, City Manager, recommended that no action be taken on this item as the legislation has died in Congress. No action was taken by Council. City Council Minutes October 19, 1994 Page 5 12. CONSIDERATION OF RECOMMENDATIONS FROM THE ROUTE 30 AD HOC TASK FORCE ON MEMBERSHIP SELECTION (Continued from October 5, 1994) (ORAL REPORT) Staff report presented by Rick Gomez, Community Development Director, who stated the Route 30 Ad Hoc Task Force held extensive interviews and came up with the following recommendations for the final eight members and one alternate: Robert Coberly Lester Davies Daniel Keesey Karen Schmauss John O'Neii Hormuzd Sethna Doris Beckher Andrea Zeller Peter Liu (alternate) Coundlmember Gutierrez asked for clarification on how the approvals were to be made, if it would be for the entire list or if they could make exceptions. Rick Gomez, Community Development Director, stated the Task Force came up with nine recommendations, but there were 31 applicants that the Council could chose from if that was their desire. Councilmember Gutierrez inquired how could they do that when only the nine names were submitted. Rick Gomez, Community Development Director, stated the names of the applicants had been submitted to the Council previously. Councilmember Williams asked who conducted the interviews. Rick Gomez, Community Development Director stated it was Councilmembers Buquet and Alexander, Gayle Hinazumi and Jane Bradshaw from C-Car, and David Barker from the Planning Commission, with Larry McNiel from the Planning Commission absent. Councilmember Williams asked if the recommendations made tonight were the consensus of the entire interviewing panel. Rick Gomez, Community Development Director, stated yes. Councilmember Williams stated she would accept the proposed recommendation. Councilmember Alexander stated it was not an easy decision to arrive at these names because of the many applications they received. Coundlmember Buquet added that they held many meetings to conduct the inten~iews to make sure that every one had a chance. Mayor Stout felt that possibly in the advertisements they should have referred to it as the Foothill Freeway because he felt a lot of people did not know what Route 30 was. Councilmember Buquet stated that was the name chosen by the City Council, and possibly they erred when they chose that name. He felt this would be a 1-2 year process. MOTION: Moved by Stout, seconded by Gutierrez to accept the recommendations for membership. Motion carried unanimously, 5-0. City Council Minutes October 19, 1994 Page 6 13. CONSIDERATION OF RESULTS OF COMMERCIAL SECURITY STUDY Mayor Stout referred to the summary document and suggested the Council receive and file it for future reference. He felt they had met most of the goals set out in the beginning and the study endorsed many of the things they were already doing. He hoped there would be a constant attempt to consider public safety in the design of everything. MOTION: Moved by Buquet to receive and file the report, with express thanks for Duane Baker for his efforts in preparing this summary, Mayor Stout also wanted to point out that just because an issue is studied or a suggestion made did not mean that was the direction the City should move in. He felt often a decision is made then a study is commissioned to prove that decision. He stated in this case the idea was to obtain information and educate themselves so they could make intelligent decisions without necessarily having to take immediate action. He felt this study would help them to stay ahead of the criminal element. MOTION: Moved by Stout, seconded by Buquet to receive and file the report and instruct staff to utilize this information in making future decisions. Motion carried unanimously, 5-0. 14. REPORT ON NEW LIBRARY OPERATIONS (Oral Report) Deborah Clark, Library Manager, stated they have now been in operation for 25 days since the grand opening on September 24th. Since that time, 30,000 books have been in circulation, with an average of 1,200 books loaned each day. She stated the children's program is having a tremendous response, and explained a few of the programs they are offering and how the children's coordinator is working with the schools to get pdor notification of assignments so that they will be able to provide the necessary matedal for the children. She stated the public is getting used to the new technology, and they are also working through the problems they have had with the telephone and voice mail system. She stated they have had 50 volunteers signed up for service, with 25 of them already working. She stated they have had some complaints centering around not enough parking, no place to sit and crowded aisles but these complaints are acceptable because they mean they are being used. She stated one valid complaint is about the lack of media, but they have finally received a shipment from the vendor and they are working to get them into circulation within the next week. They are also in the process of trying to get the automatic check-out system activated. She stated they are also developing a survey to give to the public to get their opinion on how to better serve them. Jack Lam, City Manager, commended Deborah Clark for her energy and vision that she has brought to the City's new library system. ACTION: Report received and filed. 15. UPDATE ON AB 939 Mayor Stout asked about the second paragraph in the report where it stated 60 tons of green waste was being diverted each, and then it did not state the time period. Councilmember Alexander stated that was per month. He stated this was mostly an update to give them an idea of where they were at in meeting their goals for 1995 and then 2000. City Council Minutes October 19, 1994 Page 7 Mayor Stout asked what percentage were they at right now. Councilmember Alexander stated it was 15%. Councilmember Willlares asked when apartment and commercial recycling will be on-line. Diane O'Neal, Management Analyst II, stated most of the multi-family dwellings will be on-line the first quarter of 1995, though some were currently on-line. She stated they still needed to work on the commercial plan. Councilmember Alexander stated some businesses were already recycling voluntarily. Bob Zetterberg, Integrated Waste Coordinator, presented information on the education program and mascot development, and presented posters and t-shirts to the Council. ACTION: Report received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. John Van Doren, 11186 Corsica, thanked the Council fortheir openness and thought nothing occurred in Rancho Cucamonga by accident. He felt everything was done to enhance the public's safety. He stated he participated in the interview process for the Route 30 Ad Hoc Task Force and encouraged the Council to consider the public's input as well as that of the Task Force. He wanted to be sure the freeway met the needs of the businesses and residents of the community. L. ADJOURNMENT MOTION: Moved by Buquet, seconded by Alexander to adjourn. Motion carded unanimously, 5-0. The meeting adjourned at 9:25 p.m. Respectfully submitted, Jan Sutton Deputy City Clerk Approved: CITY OF RANCHO CUCAMONGA LIST OF MARRANTS FOR PERIOD: i0-26-94 (94/95) RUN DATE: 10/26/94 PAGE: 1 VENDOR NAHE ITEM OESCRXPTION NARR NO NARRo AMT. · $ CHECKI OVERLAP 12840 JOHNSTON~ LAUREN RECREATION REFUND 90315~ 55.00- ((( 90316 - 90420 8106 TRI CHAPTER (CALBO) SEmINAR-UNIFORM BLOG CODE 90421~ 95o00- <(< 90422 - 90959 ))) 3344 SUNRISE CONSTRUCTION ReHA8 PROGRAM 90960~ 18495.00- ((( 90961 - q~n09 ))) 3344 SUNRISe CONSIRUCTIQN ReHAB PROGRAM 91010e 1~495.00 ((( 91011 - 91012 )>) 336~ 8~ AVENUE GRAPHICS OFFICe SUPPLIES ~ 91013 22qo79 I A L A eQUIPMeNT RENTALS CO.s INC. VEHICLE MAINTENANCE/SUPPLIES I 91014 418.81 962 A T L T MONTHLY TELEPHONE BILLINGS 91015 0.65 6373 A-CO SANITATION E~UIPMENT RENTAL 91016 79.28 4347 ACCURATe SMOGs AUTOs TRUCK & VEHICLE MAINTENANCE/SUPPLIES t 91017 119.94 3785 ACTION ART ReCReATION SUPPLIES 91018 181.02 1826 AIRTOUCH CELLULAR CELLULAR PHONE BILLINGS e 91019 629.73 1826 AIRTOUCH CELLULAR C~LLULAR PHONE BILLINGS I 91020 272.23 6695 ALBERTSONS REFRESHHENTS FOR EAP MEETING 91021 34097 · 337 ALPAX OFFICe EQUIPMENT I 91022 1135 ALIGNMENT & 8RAKE SPECZALISTS VEHICLE MAINTENANCE 91023 118o00 26~4 ALPERT'S PRINTING OFFICE SUPPLIES 91024 48.55 3778 ALPERTw HELANIe INSTRUCTOR PAYMENT 91025 364.50 6686 A~ERICAN HEART ASSOCIATION SUBSCRIPTION 91026 12.00 6687 APFEL, ROBIN SeTTLeMENT OF CLAIM 91027 310.00 2411 ARAGONs SALLY INSTRUCTOR PAYHENT 91028 496.80 2299 ARRON TRAILER SUPPLIES HAINTENANCE SUPPLIES 91029 36°53 6688 ASSEMBLY PUBLICATIONS OFFICE SUPPL[ES 91030 21.56 26 ASSOCIATED ENGINEERS PROFESSIONAL SERVICES 91031 4,803075 2616 AUTO PARTS COMPANY9 XNC VEHICLE MAINTENANCE SUPPLIES I 91032 755.59 ~02 AUTO RESTORATORS VEHICLE MAINTENANCE 91033 66,78 1061 A~ARDS BY CHAMPION ENGRAVED PLAQUE $ 91034 471.95 6689 8.C. TRUCKING BUSINESS LICENSE REFUND 91035 13.40 3667 ~ALOGHt JULIANNA INSTRUCTOR PAYMENT 91036 198.00 841 BANK OF AMeRICA-CORPORATE ADMINISTRATION FEES 91037 3,969.53 6890 BARRON'S SUBSCRIPT[ON 91038 129o00 555 BENEFIELD, KINGSLEY INSTRUCTOR PAYMENT 91039 188.10 4153 BOAHAHs CAPTORIA INSTRUCTOR PAYMENT 91040 99°00 6691 BOLOA. LAUREN RECREATION REFUND 91041 21o50 1081 BOLIN MAINT. ~ JANXTORZALs JOHN JANITORiAL SERVICES I 91042 17,265.00 6692 800KHOUSE. THE OFFICE SUPPLIES 91043 11o80 142 BRADFORDs HAROLD INSTRUCTOR PAYMENT 91044 155010 1166 BRUNSWICK ~EER CREEK LANES INSTRUCTOR PAYMENT 91045 525.00 552 UURK-BLACKSC~LEGER, ROSEANN ZNSTRUCTOR PMT 91046 2.912,25 2440 BURRUSOe LISA INSTRUCTOR PAYMENT 91047 39.60 39~2 CAL MESTERN TERMITE PEST CONTROL MONTHLY PEST CONTROL SERVICE e 91048 100.00 ~81 CARE AMERICA HEALTH PLAN MEDICAL PREMIUM 91049 249266.16 3622 CHAMBER OF COMMERCE MONTHLY PAYMENT 91050 200.00 3118 CHINO HILLS TRANSMISSION VEHICLE MAINTENANCE 91051 4e190.63 73 CITRUS MOTORS ONTARIO. INC. VEHICLE MAINTENANCE/SUPPLIES # 91052 626.88 6693 CITY ADVERTISING PROFESSIONAL SERVICES 91053 600.00 949 CLARKe KAREN INSTRUCTOR PAYMENT 9i054 126.12 6696 CLOUT CLOUT BREAKFAST MEETING 91055 8~.00 CITY OF RANCHO CUCAMONGA LIST OF MARRANTS FOR PERIOD: 10-26-94 (94/95) RUN DATE: 10126194 PAGE: 2 VENDOR NAME ITEM DESCRIPTION NARR NO WARRe ANTe I, CHECKI OVERLAP 2668 COBB GROUP INC., THE SUBSCRIPTION RENENAL 91056 39.00 2670 COLTON TRUCK SUPPLY VEHICLE MAINTENANCE SUPPLIES 91057 106.16 4330 COMPUTER NARKETPLACE COMPUTER SUPPLIES 91058 1,253.85 130 COMPUTER SERVICE CO SIGNAL MAINTENANCE/SUPPLIES I 91059 3m665o00 4316 CORPORATE EXPRESS OFFICE SUPPLIES I 91060 I41.28 ((( 91061 - 91063 >)) 85 CUCAMONGA CO WATER DIST MONTHLY WATER BILLINGS t 91064 200752,8o 3331 CUNERTY, ANNA INSTRUCTOR PAYMENT 91065 567°60 2512 D.A.R.E. AMERICA D.A,R.E. MATERIAL 91066 109.31 284 DAISY WHEEL RIBBON CO, INC OFFICE SUPPLIES I 91067 311.6I 2678 DAPPER TIRE VEHICLE MAINTENANCE/SUPPLIES 91068 13.96 6366 DENCO OFFICE SUPPLIES 91069 57.53 839 DIETERICH INTERNATIONAL TRUCK VEHICLE MAINTENANCE I 91070 230.03 6380 DUNLAP L ASSOCIATESe VAIL OFFICE SUPPLIES 91071 181.48 523 EASTMAN, INC OFFICE SUPPLIES I 91012 163.86 3606 ECOFF, JILL EMPLOYEE/CONMUTER OF THE MONTH 91073 1,200,00 659 EGGMEAD SOFTNAME OFFICE SUPPLIES/E~UIPMENT I 91014 1,496,60 3171 FEJERAN, TIMOTHY C. FIRE EXTINGUISHER SERVICE 91075 187.50 155 FILARSKY ~ WATT MONTHLY SERVICES 91016 187.50 6696 FONTANA POLICE OFFICERS ASSOC. REFUND MAINT. SVC. EXPENSES I 91011 1m191.46 2840 FORO OF UPLAND, INC. VEHICLE MAINTENANCE I 91018 31.97 98 FORD PRINTING ~ NAILINGt INC MAINTENANCE & OPERATIONS I 91019 1,152.98 6215 FOUR STAR LIGHTING INC. MAINTENANCE SUPPLIES 91080 319.48 1082 FRANKLIN ~UEST CO. OFFICE SUPPLIES 91081 556°26 3356 GARCIAe VIVIAN REIMBURSE FOR OFFICE SUPPLIES 91082 22,96 3388 GOLDEN BEAR ARBORISTS, INC. PROFESSIONAL SERVICES 91083 180.00 6386 GREGORY, CHERI INSTRUCTOR PAYMENT 91086 152,00 137 GTE CALIFORNIA MONTHLY TELEPHONE BILLINGS I 91085 2,105.26 166 HAINES ~ COMPANYe INC. 12 MONIH LEASE SERVICE 91086 116.12 662 HCS-CUTLER STEEL CO. E~UIPMENT MAINTENANCE 91081 216.91 3336 HEILIG, KELLY INSTRUCTOR PAYMENT 91088 853,56 2069 HEYDEe DONALD L- INSTRUCTOR PAYMENT t 91089 468.96 958 MIGGINSm NARTI CERT SUPPLIES 91090 35.51 6387 HOLMANt BARBARA INSTRUCTOR PAYMENT 91091 116.00 1234 HOSEMAN MAINTENANCE SUPPLIES # 91092 152.89 161 HOYT LUMBER CO., S.M. MAINTENANCE SUPPLIES 8 91093 19.77 2~12 HOYT, RAYMDNO INSTRUCTOR PAYMENT 91096 2,915.70 3636 HUNT, LUANNE INSTRUCTOR PMT 91095 569000 695 HYDRO-SCAPE PROOUCTS, INC LANDSCAPE MAINTENANCE SUPPLIES # 91096 461.12 66 INDUSTRIAL ASPHALT MAINTENANCE SUPPLIES 91091 66.29 165 INGRAM PAPER PAPER SUPPLIES 91098 38.96 2315 INLAND WHOLESALE NURSERY MAINTENANCE SUPPLIES 91099 28.55 612 JAESCHKE TNC., C.R. VEHICLE MAINTENANCE I 91100 118,69 6087 JOHNSON, JEFF ENTERTAINMENT 91101 128.00 179 KAISER FOUNDATION HEALTH PLAN MEOICAL INSURANCE 9~02 26,2~0.56 6191 KALAUSEKt STACY INSTRUCTOR PMT 91103 28.80 1218 KNOX MAINTENANCE SUPPLIES # 91104 398,13 172 KOZLOVICHt OEB~lE INSTRUCTOR PAYMENT 91105 le522.50 12886 LA JOLLA FOOD ~ BEVERAGE CO. BUSINESS LICENSE REFUNO 91106 l~.lT 195 LANCE, SOIL ~ LUNGHARD AUOIT SERVICES 91107 16,942.15 3957 'iRE CRAFT RECREAIlON SUPPLIES 91108 136.65 CITY OF RANCHO CUCAMONbA LIST OF NARRANTS FOR PERIO0:10-26-94 C94/95) RUN DATE: 10/26/94 PAGE: 3 VENDOR NAME ITEM DESCRIPTION NARR NO WARR. ANT. ** CHECKI OVERLAP 2864 LIGHTNING POWDER CO.m INC. PORTABLE SEMI-INKLESS KIT 91109 32.18 4382 LITHOCRAFT PRINTERS MAINTENANCE SUPPLIES 91110 819o03 1372 LITTLE RED SCHOOL HOUSE PLAYSCHOOL SUPPLIES I 91111 10311.08 ~118 LONCAR, PHIL C.EoR.1. INSTRUCTOR 91112 250.00 3668 LDWE, JAMES INSTRUCTOR PAYMENT 91113 294°00 600 LYNCH, JANIE RECREAIION SUPPLIES 91116 33.06 956 MAC DONALD, IAIN INSTRUCTOR PAYMENT 91115 388°50 72 MARK CHRIS, INC. VEHICLE MAINTENANCE SUPPLIES 91116 23.33 76 MARKMANtARCZTNSKIeHANSQNm~ KING PROFESSIONAL SERVICES 91117 8,005,61 250 MARTINEZ UNION SERVICE TOWING SERVICES 91118 65.00 2555 MC ALLISTER DESIGN DESIGN OF BUSINESS CAROS 91119 21.55 3015 MC CALL, SUSAN INSTRUCTOR PAYMENT 91120 42.60 12883 MERCER PRODUCTS CO,t INC, BUSINESS LICENSE REFUND 91121 66,00 2198 MICHAEL°S CRAFTS RECREATION SUPPLIES I 91122 57005 3057 MILLS, MARY INSTRUCTOR PAYMENT 91123 112o50 3960 MOLONEY, JIM INSTRUCTOR PAYMENT 91124 386°00 403 MORTON COATINGS, INC, - BAUER MAINTENANCE SUPPLIES I 91125 2,622.23 3333 HOTTe SYLVIA INSTRUCTOR PAYMENT 91126 162o00 2266 NAPA AUTO PARTS VEHICLE MAINTENANCE I 91121 459.61 3437 NATIONAL UNIFORM SERVICE UNIFORM SERVICES # 91128 826.56 3693 NATIONWIDE MOBILE HOME REHAB. PROGRAM 91129 2,016,50 4034 NICHOLS, FRED INSTRUCTOR PAYMENT 91130 1,239.00 12885 NOBLE HOUSE BUSINESS LICENSE REFUND 91131 54.32 527 OLYMPIC STUDIOSt INCo INSTRUCTOR PAYMENT 91132 2,530.27 3964 ONTARIO ICE SKATING CENTER INSTRUCTOR PAYMENT 91133 998°40 563 OSTERBAUER COMPRESSOR SERVICE MAINTENANCE SUPPLIES 91134 116.23 235 OMEN ELECTRIC MAINTENANCE SUPPLIES # 91135 956.86 6223 PAPER DIRECT, INC. RECREATION SUPPLIES t 91136 18.15 818 PARAGON BUILDING PRODUCTS INC, CONCREIE SUPPLIES 91137 21.55 3716 PARMA MEMBERSHIP RENEMAL 91138 50.00 487 PATTON SALES CORP. MAINTENANCE SUPPLIES 91139 89°83 751 PEP BOYS VEHICLE MAINTENANCE SUPPLIES I 91140 84.43 1019 PHOTO HOUSE OF CALIFORNIA PHOTO SUPPLIES # 91141 65°54 562 PIP PRINTING RECREATION SUPPLIES # 91162 480,03 255 PONA DISTRIGUTING CO VEHICLE MAINTENANCE 6 SUPPLIES 91143 7,130.10 1069 POMONA VALLEY KANASAKI VEHICLE MAINTENANCE SUPPLIES 91146 138.05 2119 PONCHAUO, JANICE INSTRUCTOR PAYMENT 91145 86°40 1316 PRECZNT REPORTER AOVERTISEMENT 91166 255.36 6292 PRICE CLUB RECREATION SUPPLIES 91147 64,63 65 PRUDENTIAL OVERALL SUPPLY MAINTENANCE SUPPLIES I 91148 350.03 <<( 91149 - 91169 )>) 251 R & R AUTOMOTIVE VEHICLE MAINTmSUPPLIES~SERVICE I 91150 2e319.87 IBgO'R ~ R LIGHTING MAINTENANCE SERVICE/SUPPL%ES # 91151 196.73 ~025 R J SUPPLY CO, MAINTENANCE SUPPLIES 91152 84.45 418 R M A GROUP SUIL TESTING SERVICES I 91153 1,568,00 2105 ReH,F., INC. VEHICLE MAINT SERVICEESUPPL[ES 91156 53.00 2600 RANCHO CUCAMONGA FIRE DISTRICT PLAN CHECK SERVICES 91155 265,00 2bO0 RANCHO CUCAMONGA FIRE DISTRICT PLAN C,ECK SERVICES 91156 890.00 ZO7 RANCHO HINI STORAGE MINI STORAGE # 91157 150,00 8110 RANCHO PACIFIC DEVELOPMENT PLAYSCHOOL REFUND # 91158 1,000,00 ~383 RATHFONt LINDA INSTRUCTOR PAYMENT 91159 54.00 CITY OF RANCHO CUCAMONGA LIST DF WARRANTS FOR PERIOD: 10-26-96 C96/95) RUN DATE: 101Z6/96 PAGE: VENDOR NAME ITEM DESCRIPTION WARR NO WARRo ANT. · ~ CMECKI OVERLAP ZOZ3 RESPONSE ENVELOPE OFFICE SUPPLIES I 91160 365°05 6140 ROAD MACHINERY. INC. MAINTENANCE SUPPLIES i 91161 16tZ93o41 626 ROBLESe RAUL P-e SRo TIRE REPAIR I 91162 153o94 8171 RDYA'S COMPUTER CONSULTING SERVICES REFUND CLASS 91163 [6o71 8169 RPH DEVELOPMENT REFUND CLASS 91166 300.00 8172 S.V. TRANSPORTATION REFUND DEPOSIT 91165 13o00 3958 SALVIATIt MARTHA INSTRUCTOR PAYMENT I 91166 861.00 ~66 SAN BERN CO AGRICULTURE DEPT. HEED ABATEMENT SERVICES 91167 Z32.06 666 SAN BERN CO AGRICULTURE OEPT. WEED ABATEMENT SERVICES 91168 191.52 1238 SAN BERN CO LIBRARY OCTOBER SHREDDING 91169 2SeO00oO0 303 SAN UERNARDINO COUNTY ENGINEERING OFFICE SUPPLIES 9IlTO 9.10 132 SAN DIEGO ROTARY BROOM COe INC MAINT SUPPLIES I 9117% 652°97 3067 SAUL~ SANDY INSTRUCTOR PAYMENT 91172 596.00 6128 SCHNARZE INOUSTRIESe INC. VEHICLE SUPPLIES I 91%73 91o30 535 SEMPLE, JUDY INSTRUCTOR PAYMENT 91116 129o60 20il SETCON MAINTENANCE SUPPLIES 91175 91o83 4388 SHEELERe DEBORAH INSTRUCTIOR PAYMENT 91176 15.00 2507 SIEBE ENVIRONMENTAL CONTROLS SERVICE/SUPPLIES I 91171 2w626,75 6313 SKATE EXPRESS INSTRUCTOR PAYMENT 91178 512.00 ((( 91179 - 91189 ))) 1632 SOUTHERN CALIFORNIA EDISON MONTHLY ELECTRIC BILLS t 91190 13e118.74 4192 SPAINmJRtWiLLIAM V, C.E.R.T. INSTRUCTOR I 91191 362,50 322 SPARRLETTS MONTHLY SERVICE 91192 31.00 750 SPECIALTY TYPEWRITER SERVICE TYPENRITER SERVICE 91193 39°00 4369 STEHNt JIM INSTRUCTOR PAYMENT 91196 36.00 33~ SUNRISE CONSTRUCTION REHA8 PROGRAM 91195 895,00 836 TARGET SPECIALTY PRODUCTS NAINT SUPPLIES I 91196 3e106.91 3733 TOM WORLD CONVERSIQNSe LTD. VEHICLE MAINT SUPPLIES/SERVICE t 91191 353.56 llSI TECHNIC OFFICE SUPPLIES 91198 265.00 2718 TERRY, DONNA iNSTRUCTOR PAYMENT 91199 Z61,O0 3897 THORNTONw GRANT INSTRUCTOR PAYMENT 9IZO0 I8o00 ~316 TORRESe LAURA INSTRUCTOR PAYMENT 91201 3618 TROXELL COMMUNICATIONS SECURITY VIDEO MONITOR 91202 33.19 ~390 TURNERr DENISE INSTRUCTOR PAYMENT 91203 105.00 693 U,S.tHHITE VAN BATTERY CO,m INC, VEHICLE MAINTENANCE SUPPLIES 91206 261o86 2958 UNPS ARE US ASSOCIATION UMP SERVICES I 91205 3m295o50 8113 UNITED FIELD SERVICES REFUND DEPOSIT 91206 25.00 3~22 VIKING OFFICE PROOUCTS OFFICE SUPPLIES # 91207 16.19 667 VISA VISA MONTHLY BILLINGS I 91208 549.3Z q326 HASTE ENVRNMNT°L SVCS L TRANSPORT WASTE ENVIRONMENTAL SERVICES 91209 45.00 41NO MATKINS~ DAN INSTRUCTOR PAYMENT 91210 105o00 213 HAXZEt KLEEN-LINE CORP MAINT SUPPLIES 91211 I38.56 lg~l WESTERN TURF ~ COMMERCIAL MAINT SUPPLIES 91212 125,12 872 WITTERe JOANNE INSTRUCTOR PAYMENT 91213 ~372 WDODCOCKf ALEXANORA MILEAGE REIMBURSEMENT 91216 5.04 2166 WORLAND~ CHRIS RECREATION REFUNDS 91215 31.59 675 HYNN'S FROSTEMP/MAXAIR VEHICLE MAINT SUPPLIES I 91216 613.7V TOTAL 265,596.00 CiTY OF RANCHO CUCAHONGA LiST OF MARRANTS FOR PERIOD: 11-02-96 (94195) RUN DATE: 11/02/96 PAGE: VENDO· NAME [TEN DESCRIPTION NARR NO NARRo ANT. 6626 FLORES, ROBERT &Ol6 GRANTe RITA 1135 ALIGNMENT L ERAKE SPECIALISTS 3897 THORNTON, GRANT 3366 8th AVENUE GRAPHICS I A L A EQUIPMENT RENTALS CO., INC. tO A L R TiRE SERVICE 2732 ARC LOCKSMITHS 6367 ACCURATE SMOG, AUTO, TRUCK C 6401 ALTAIR GASES AND EQUIPMENT, iNC. 1~30 AHERZCAN BUSINESS FORMS 6697 ANDERSON POOL C SPA 2616 AUTO PARTS CORPANYe iNC 6229 BACICH, PATRICK 6393 8ROMNELLS, INC. 4359 BRUEL g KJAER SERVICE 56 C P CONSTRUCTION 4381 CALICO GRAPHICS i223 CALIFORNIA SENSO· CORPORATION 3]23 CAROKEY SYSTEMS, XNC 68 CENTRAL CITIES SIGN SE·VICE 3t18 CHZNO HILLS TRANSNESSXON 73 CITRUS MOTORS ONTARIO, iNC. 76 CiTY RENTALS 3879 CODE, LXNOA 2470 COLTON TRUCK SUPPLY 6330 COMPUTER MARKETPLACE 643 COMPUTERLAND 6316 CORPORATE EXPRESS 6399 COVEL, DON 6169 CROMN TROPHIES C MEDALS 85 CUCAMONGA CO MATER DZST 239 0 g K CONCRETE CO 355 DANgELS TZRE SERVICE 2478 DAPPER TXRE 367 DAY-TiMERS, 60 DELTA DENTAL PLAN OF CAL[F 6366 DENCO 902 DEPT. OF TRANSPORTATION tOT DETCO 3816 EASTLAND CONSTRUCTZONe iNC. 523 EASTMAN, INC 2556 EBERHART C STONE, INC. 459 EGGHEAD SOFTMARE 6626 FLORES, ROBERT RECREATXON REFUN0 ((( iNSTRUCTOR PNT ((( VEHICLE MAINTENANCE ((( INSTRUCTOR PAYMENT OFFICE SUPPLIES VEHICLE MAINTENANCE/SUPPLIES VEHICLE MAINTENANCE MAINTENANCE SUPPLIES VEHICLE MAINTENANCE/SUPPLIES EQUIPMENT RENTAL OFFICE SUPPLIES BUSINESS LICENSE REFUND VEHICLE MAINTENANCE SUPPLXES PROFESSIONAL SERVICES HAZNTENANCE SUPPLIES EQUIPMENT SERVICE L REPAIR DEPOSIT REFUND SUPPLIES OFFICE/MAINTENANCE EQUIPMENT PROFESSIONAL SERVICES MAINTENANCE SUPPLIES VEHICLE RAXNTENANCE VEHICLE MAINTENANCE/SUPPLIES EQUIPMENT RENTAL/SUPPLIES INSTRUCTOR PAYRENT VEHICLE NAINTENANCE SUPPLIES CONPUTER SUPPLIES COMPUTER MAiNTENANCE/SUPPLiES OFFICE SUPPLIES PROFESSIONAL SERVICES RECREATION SUPPLIES ((< 91268 MONTHLY MATER BILLINGS STREET MAINTENANCE VEHICLE MAINTENANCE ~ SUPPLIES VEHICLE MAiNTENANCE/SUPPLiES OFFICE SUPPLIES DENTAL INSURANCE OFFICE SUPPLXES TRAFFIC SIGNAL MAINTENANCE OFFICE SUPPLIES PROGRESS ESTIMATE <<< 91262 OFFICE SUPPLIES PROFESSIONAL SERVICES OFFICE SUPPLZES/EQUIPNENT RECREATION REFUND d.4, CHECKi OVERLAP 90279a, 2S.00- 90260- 909,00 >)) 909018 26Z.SO- 9090Z- 91022 91023e 118.00- 91026- 91199 9ZzOOe 11.00- 91201- 91220 m 91221 262.91 91222 69.83 e 91223 956.31 I 91226 1,191o16 I 91225 :59.97 91 226 12.93 I 91227 S00.11 91228 63.76 I 91229 316.72 91230 350.00 91231 36011 A 91232 906.22 91233 leOOOoOO 91234 215.82 I 91235 11,620.09 e 91236 9.863.05 91237 91238 886.86 I 91239 309.67 iP 91240 104.55 91261 lO.O0 I 91242 113.01 91243 186.03 91244 TRO.Oo 91245 158.33 91246 300°00 91 247 190S0 91251 91252 56,513.ZZ 91253 2,069.95 91254 T08.60 91 ZS5 1,112.73 91256 20.45 91 257 18,120.00 91 258 29.62 91259 688.63 91260 251.60 '~1 201 ,~5.7OZ.l S 91262 91263 1,399.00 91266 615o00 91265 Z0005°69 91266 55.00 CiTY OF RANCHO CUCAHONGA LiST OF MARRANTS FOR PERIO0:13-02-94 (941953 RUN DATE: li/OilO~ PAGE: Z VENDOR NaNE iTEH DESCRIPTION MARR NO MARR. ANTe o, CHECK/~vFqLAP 2840 FORD OF UPLAND, iNC. VEHICLE NAINTENANCE I 91267 98 FORO PRINTING ~ NAILING, INC NA[NTENANCE ~ OPERATIONS I 91Z68 506.96 I062 FRANKLin QUEST CO, OFFICE SUPPLIES I 9i269 316.08 3621 GARRISON FOOTHILL NURSERY MAINTENANCE SUPPLIES I 91270 93.07 6698 GOLDEN, IRNXN DR. GEOLOGIC STUOY REFUND 91211 /SeOO 4014 GRANT, RITA iNSTRUCTOR PNT 91ZTZ Z6Z,50 766 GREAT NESTERN SAVINGS OEFERREO CONP 91273 13T GTE CALIFORNia HONTHLY TELEPHONE BILLINGS I 91276 XeI39eNZ 4038 HARTZQG & CRABXLLe INCe PROFESSIONAL SERVICES I 91275 8,360.00 462 HCS-CUTLER STEEL CO. EQUXPHENT HAZNTENANCE 91276 XZ4./Z 4361 HENBERGER CO.INC., JOHN C. NAXNTENANCE SUPPLIES 91277 1,497,73 1236 HOSENAN NAINTENANCE SUPPLIES 91278 121.76 i6I HOYT LUReEl CO., S.H. HAINTENANCE SUPPLIES I 91279 210o5T 1866 HUB CONSTRUCTION SPECIALTIES MAINTENANCE SUPPLIES 9i280 92.90 4230 HUFCDR AIR MALL MAINTENANCE SUPPLIES 91281 12886 HUTCHZSON PROPERTY REFUND DEPOSIT 9i282 500,00 103 I C N A RETZRENENT TRUST-6ST DEFERRED COHP 91283 46 INDUSTRIAL ASPHALT MAINTENANCE SUPPLIES e 91286 1,018.93 45 [NLAND FACTORS HAXNTENANCE SUPPLIES 9iZRS 28.19 12842 iNLAND LIBRARY SYSTEM DUES 91286 ISS8 XNTERNAT'L RIGHT OF NAY ASSQC. NENOERSHIP OUES 9128T 168 iNTERNATiONAL CONF BLOC OFFiCiAL MAINTENANCE SUPPLIES 91288 1e923.97 2066 iNTERNATIONAL E-Z UPe XNC. RECREATEON SUPPLIES 91289 4065 iVESe JZN - THE SUOLZNINALS RECREATION SERVICES 91290 1218 KNOX NAINTENANCE SUPPLIES I 91291 12887 LAD CONSTRUCTION DEPOSIT REFUND 9i292 193 LAIRO CONSTRUCTION CO PROFESSIONAL SERVICES 91293 346.13 849 LANSON PRODUCTS, INC. MAINTENANCE SUPPLIES 91294 386.23 3156 LU'S LIGHTHOUSE, INC. OIL ANALYSIS 91295 S2.60 12888 MODERN HOUSEhARES iNC. BUSINESS LICENSE REFUND 9Z296 15.00 1228 N R P A-PACiFIC REGIONAL OFFICE NRPA NEETING REGISTRATION 91297 560.00 4281 NAISH, PAT ENTERTAINRENT 91298 350.00 2248 NAPA AUTO PARTS VEHICLE HAZNTENANCE 91299 6.96 3437 NATIONAL UNIFORM SERVICE UNIFORM SERVICES I 91300 411.13 433 NiXON-EGLI EQUIPMENT VEHICLE MAINTENANCE 91301 lZl.OZ 3566 NURSERYLAND LANOSCAPE SUPPLIES 9i30Z 32.30 3049 ONTARIO FIRE EXTiNGUiSHER CO. PXRE EXTiNGUiSHER SERVICES I 91303 361.00 235 OMEN ELECTRIC HAXNTENANCE SUPPLIES I 91306 T95eOO 2921 PeA.P.A. PESTXCXDE APPLXCATORS SENINAR 92305 55e00 2921 P.A.P.A. PESTXCZDE APPLXCATORS SENXNAR 91306 45.00 1823 PAGENET PAGING SERVICE 91307 34.20 311 PXCONE PLUNDZNG CORPORATION PLUNBXNG REPAIR ~ SUPPLIES I 91308 6iS.IX 791 PHI/OELTA CARE MEOZCAL iNSURANCE 91309 el9,oO 2961 PORCU, DANIEL RECREATZONfENTERTAINNENT 91310 ZZS.O0 4292 PRICE CLUe RECREATION SUPPLIES 91311 80.26 8031 PRICE COSTCO BUSINESS LICENSE REFUNDS 91312 211.00 3286 PRiNCiPAL MUTUAL MEOICALtDZSAOZLITY iNSURANCE 91313 63,2Z0.08 8174 PROGRESSIVE ARCHITECTURE REFUND DEPOSIT 91314 48000 65 PRUDENTIAL OVERALL SUPPLY MAINTENANCE SUPPLIES B 91315 402,43 Z0T RANCHO Minx STORAGE MINX STORAGE e 91316 750.00 1165 RICHARDSON AUTO BODY, ZNC, VEHICLE MAINTENANCE I 91311 103.06 CITY OF RANCHO CUCAMONGA LIST OF MARRANTS FOR PERIOD: 11-02-94 (94/95) RUN DATE: 11102t94 PAGEI 3 VENDOR NAME ITEN DESCRIPTION MARR NO NARR. ANT. 276 R[VERSIOE BLUEPRINT 4257 RIVERSIDE CONSTRUCTION COMPANY 425T RIVERSIDE CONSTRUCTION COMPANY 626 ROBLESt RAUL 4142 ROYAL PIPE L SUPPLY 2064 SAFECO LIFE INS. CO, GROUP AOMIN. 1236 SAN BERN CO LIBRARY 571 SAN BERN CO OFFICE OF MNGNNT SVC 571 SAN BERN CO OFFICE OF MNGMNT SVC 30I SAN BERN CO SHERIFFS 13Z SAN DIEGO ROTARY BROOM CO, INC 535 SENPLE, JUDY 9175 SHUNKNZLER, ROSE 2507 SZEBE ENVIRONNENTAL CONTROLS 1327 SNART E FINAL 135 SO CALIF MUNICIPAL ATHLETIC FEOeINC 987 SOUTM COAST A Q 14 D 1432 SOUTHERN CALIFORNIA EOISON 646 STANDARO INSURANCE CO. 646 STANDARD INSURANCE CO. 284T STATE ENVZRONMENTAL MGMT., ZNC, 3017 STATE OF CALIFORNIA 3344 SUNRISE CONSTRUCTION 836 TARGET SPECIALTY PRODUCTS 4400 TELE-MORKSt ZNC. 693 U.S./WNITE VAN BATTERY CO.m INC. 2T31 UNIGLOBE REGENCY TRAVEL 489 UPLAND, CITY OF 4158 VAUGHAN'S SNIRTZ 667 VISA 499 VISION SERVICE PLAN - (CA) 213 MAXIEe KLEEN-LINE CORP 1941 hIESTERN TURF ~ COMMERCIAL 345 NHITNEY MACHINERY 509 XEROX CORPORATION 202I YORK INDUSTRIES 371 ZEE MEDICAL SERVICE PRINTS PROGRESS ESTIMATE PROGRESS ESTIMATE TIRE REPAIR MAINTENANCE REPAIRS MEDICAL INSURANCE OCTOBER SHREODING TELEPRDCESSING SERVICES TELEPROCESSING SERVICES CONTRACT SHERIFFS SERVICE MAINT SUPPLIES INSTRUCTOR PAYMENT REFUND DEPOSIT SERVICE/SUPPLIES DAY CAMP SUPPLIES REGISTRATION STORAGE TANK MONTHLY ELECTRIC BILLS INSURANCE PREMIUM INSURANCE PREMIUM SERVICE ANO SUPPL[ES UNEMPLOYMENT INSURANCE REHA8 PROGRAM NAINT SUPPLIES DOWN PAYHENT-hiE-LINE ACIS VEHICLE MAINTENANCE SUPPLIES CONDEX NEETING NONTMLY hiATER BILLING OoA.RoEo T-SHIRTS VISA MONTHLY BILLINGS MONTHLY VISION SERVICE 8ILLING MAINT SUPPLIES MAINT SUPPLIES MAINT SUPPLIES COPY MACHINE SUPPLIES/SERVICE GRAFFITI REMOVER RECREAIION SUPPLIES CHECKI OVERLAP 91318 139.43 t 91319 1,10T,554,08 e 91320 199,997,44 I 91321 167.50 91322 49.20 91323 51.56 91324 TT.O0 91325 302.00 91326 302.00 I 91321 666e812.00 91 328 200.42 91 329 114.00 91330 30.00 91331 431.50 91332 35.92 # 91333 15.00 t 91334 233.80 t 91335 12,696.59 91336 615.50 91331 101.50 91338 14,016o64 9133Y 2,669.00 91340 1,984.00 I 91~1 566.41 91342 6,330.00 91343 34.15 ~ 91344 5~0.00 # 91345 190.64 91366 9,374.24 · 91341 535.60 91348 6,201.54 a 91349 2,439.90 91350 166.21 91351 33.62 e 91352 3,199.t2 · 91353 7Y.89 91354 66.43 ,, TOTAL Z,4Z4,S/9.ZO 11/07/1994 CITY OF RANGHO CUCAMONGA PORTFOLIO MASTER SU)~ARY OCTOBER 31, 1994 CITY CASH AVEEAGE ---YIELD TO MATURITY--- PERCENT OF AVERAGE DAYS TO 360 365 INVESTMENTS BOOK VALUE PORTFOLIO TERN MATUI{ITY EQUIVALENT EQUIVALEnt Certificates of Deposit - Bank ...............$ 12,419,566.50 29.22 336 122 3.703 3.754 L~al Agency Investment Funds ................ $ 12,346,754.29 29.05 i 1 5.036 5 106 Bankers Acceptances ..........................$ 4 879 930.56 11.48 182 24 4.867 4'934 Federal Agency Issues - Coupon ...............$ 5'496'250.00 12.93 628 446 5 620 5'698 Treasury Securities - Coupon .................$ '482'996.24 I 14 774 628 5'766 5'846 Treasury Securities - Discount ...............$ 3 350'881.16 7:88 358 190 4'828 4'896 Mortgage Backed Securities ...................$ 1'920'016.79 4 52 1 673 934 6'768 6'862 Small Business Administration ................$ 1'101:562.50 2:59 9'131 6 110 8'184 8'298 Miscellaneous Securities - Discount ..........$ '501 904.00 1.18 10'048 7'227 8'315 8'430 Passbook/Checking Accounts ...................$ 708,719.03 (not included in yield calculations) 1.973 2.000 Accrued Interest at Purchase .................$ 63,750.02 TOTAL CASH and P~RCHASE INTEP, EST .............$ 772,469.05 ....................................... TOTAL CASB and INVESTMENTS .................$ 43,272,331.09 NO{fIR ENDING FISCAL TOTAL EARNINGS O~TOBER 31 YEAR TO DATE CurTent Year $ 186,494.65 $ 756,322.78 DATE I certify that this report accurately reflects all agency pooled investments and is in comformity with investment policy adopted July 20, 1994. A ~opy of this investment policy is available in the Finance Division of the Administrative Services Department. The Investment Program herein shown provides sufficient cash flow liquidity to m~t next month's esti~ted expenditures. 8 INVESTNENT P~Z~3E STATED ---YTN--- ~ATURITY DAYS NUMBER ISSUER DATE Ba~ VALUE FACE VAM~ NARKET VALUE ~TE 360 365 DATE I~ ~T CEFHFIC. ATES OF DEPOdHT ' BARB< 00913 BAWl< OF AMERICA 09/27/94 1,791,645.50 1,791,645.50 1,791,645.50 2.700 2.700 2.738 11/29/94 28 (N)914 BANK OF AMIH{ICA 10/27/94 127,921.00 127,921.00 127,921.00 2.800 2.800 2.839 11/28/94 27 00888 FO(YrHILL INDEP BAI{K 03/15/94 500,000.00 5(M),O00.O0 500,000.00 4.430 4.430 4.492 03/15/95 134 00871 ~T WESTERN 11/08/93 1,000,000.00 1,000,000.00 1,000,000.00 3.600 3.600 3.650 11/08/94 7 00872 GREAT WESTERN 11/15/93 500,000.00 500,000.00 5430,000.00 3.600 3.600 3.650 11/15/94 14 00882 GREAT WESTERN 01/25/94 500,000.00 500,000.00 500,000.00 3.350 3.350 3.397 O1/25/95 85 00884 GREAT WESTEIU! 02/15/94 500,0OO.00 500,0OO.00 500,000.00 3.750 3.750 3.802 O2/15/95 106 00885 G~T WESTERN 02/22/94 500,000.00 500,000.00 500,000.00 3.750 3.750 3.802 02/22/95 113 0~86 GI~EAT WESTERN 03/01/94 500,000.00 500,000.00 500,0OO.00 3.750 3.750 3.802 03/O1/95 120 0(~91 GREAT WESTERN 03/29/94 500,0OO.00 500,0OO.00 500,0OO.00 3.750 3.750 3.802 03/29/95 148 00898 GREAT WESTERN 05/12/94 2,0OO,0OO.O0 2,0OO,0OO.00 2,000,000.00 4.600 4.600 4.664 08/14/95 286 00877 SANWA 01/04/94 1,000,0OO.00 1,0OO,0OO.00 1,0OO,000.00 3.150 3.150 3.194 02/08/95 99 00878 S~A 01/04/94 1,000,000.00 1,OOO,OOO.OO 1,0OO,0OO.00 3.150 3.150 3.194 01/O4/95 64 00894 SAlrWA 04/29/94 2,000,0OO.00 2,0OO,0OO.00 2,0OO,000.00 4.250 4.250 4.309 05/02/95 182 SUBTO TMwS ~ AVERAGES 12,419,~6.50 12,419,566.50 12,419,~.50 3.703 3.754 122 "'~LAGENCY ~TMENT FUNDS 5 LOCAl, AGENCY INVST FUND ..~04 ~ AGENCY INVST FUND 11,233,754.29 i1,233,754.29 11,233,754.29 5.106 5.036 5.108 1 1,113,000.00 1,113,000.00 1,113,000.00 5.1~ 5.036 5.106 1 SUB'INDTM~ an<{ AVEPAGES 12,346,754.29 12,346,754.29 12,346,754.29 5.036 5.106 BANKERS ACCEPTANCES 00902 DAI ICHI F~ANGYO BANK NY 05/27/94 4,879,930.56 5,000,000.00 4,879,930.56 4.867 4.867 4.934 11/25/94 24 FEDERAL AGENCY ISSUES - COUPON 00895 FEDERAL FAIU4 CREDIT BANKS 00896 [ED[.RAJ~ FAIU{ CREDIT BANKS 00897 FEDEP. A.L FARM CREDIT BANKS 04/29/94 2,000,0(0).00 2,000,000.00 2,000,000.00 5.850 5.770 5.850 04/29/96 545 05/~/94 1,500,000.00 1,500,000.00 1,500,000.00 5.160 5.089 5.1~ 05/01/95 181 05/05/94 1,996,250.00 2,000,000.00 1,996,250.00 5.850 5.870 5.952 04/29/~ 545 SUBTOTALS and AVEPAGES 5,496,250.00 5,5(N),00).00 5,4~,250.00 5.620 5.698 446 TREASURY SECq3RITIES - t'~3UK)N 009<)3 ~ OF AMERICA 00904 BAffi< OF AMERICA 06/08/94 272,845.00 277,000.00 272,845.00 6.141 6.571 6.662 08/31/97 1,034 06/07/94 210,151.24 217,000.00 210,151.24 4.600 4.720 4.786 02/~/95 100 SUBTOTALS and AVERAGES 482,996.24 494,000.00 482,996.24 5.766 5.846 628 TREASURY SECq3RITIES - DISCOUNT 00892 BA~{K OF AM~RIa 00907 BaNK OF MICA 04/13/94 1,913,085.56 2,000,000.00 1,913,085.56 4.370 4.518 4.5al 04/06/95 156 ~/30/94 1,437,795.60 1,515,000.00 1,437,795.60 5.040 5.241 5.314 08/24/95 235 ~UBTO TiU.,~ a.nd AVEPAGES 3,350,881.16 3,515,000.00 3,350,881.16 4.828 4.896 190 9 11/07/1994 CITY OF RAM(~ CUCAKE~ I~ - 3 INVESTMENT PORT~LIO DETAILS - INVES~ CITY O~ER 31, 1994 CASH INVESTMENT PURCHASE STATED ---YTM--- MATUHTY DAYS NUMBER ISSUER DATE BO0~ VALUE FACE VALUE MARKET VALUE RATE 360 365 DATE TO MAT MORTGAGE BACKjR) SECURITIES 00071 BARK OF AMERICA 02/23/87 78,969.33 81,073.64 442,907.10 8.000 8.336 8.452 01/01/02 2,620 00203 Bad[{ OF AB~ERIC. A 09/21/87 167,106.79 180,900.45 612,753.80 8.500 9.557 9.689 09/01/10 5,785 00899 BAlK OF AMERICA 05/12/94 1,485,000.00 1,500,000.00 1,485,000.00 3.790 6.136 6.221 02/24/95 117 00(09 DEAN WITTEl{ REYNOLDS 07/01/87 35,761.84 35,05~.59 84,710.58 9.000 8.515 8.634 03/15/01 2,328 00002 GIBRALTAR SAVI]Wd 07/01/87 153,178.83 155,314.40 663,389.28 8.500 8.631 8.751 05/15/01 2,389 SUFI'OTALS an<{ AVEPAGES 1,920,016.79 1,952,345.~ 3,268,760.76 6.768 6.862 934 S)[AIj, B[]SII~,SS AI3eelNISTRATIO{{ 00004 SMALL BUSINESS A/3MIN 07/25/86 1,101,562.50 1,000,000.00 1,~5,142.39 9.125 8.184 8.298 07/~/11 6,110 MISCEI3.~INI~OUS SECURITIES - DIS4X)UNT 00072 BAIB{OF A)UKRICA 02/10/87 501,904.00 5,200,000.00 404,872.00 8.430 8.315 8.430 08/15/14 7,227 T{3~TAL INVESTMENTS and AVEP, AG~ $ 42,499,862.04 47,427,665.87 43,735,153.90 4.893% 4.961% 404 10 11/07/1994 CITY OF ~ CUCAMONGA PM - 4 I~ES~ENT PORTFOLIO DETAILS - ~ CITY OCKBE~ 31, 1994 CASH I'Fv'ES~ENT PURCHASE STATED --- Y'I"M --- MATU1QITY DAYS {El{ I~UEI{ DATE BO(){< VALUE FACE VALUE MARKET VALUE RATE 360 365 DATE TO MAT CHECKING/SAVINGS ACCOOWIS 00180 BANK OF AMERICA 708,719.03 2.000 1.973 2.000 Accrued Interest at Purchase 63,750.02 TOTAL CASH $ 772,469.05 TOTAL CASH and INVESTMENTS $ 43,272,331.09 11 11/07/1994 CITY OF P~(~O ~ P~ - 5 PORTFOLIO N~TER INVESTMENT ACTIVITY BY TYPE CITY OCTOBER 1, 1994 ' OCrOBER 31, 1994 CASH STATED TRANSACTION I~ES SALES/MATURITIES TYPE INVESTMElT # ISSUER RATE DATE OR DEPOSITS OR NITBDRAMALS BALANCE CERTIFICATES OF DEPOkSlT ' BMfi< BEGINNING BALAIWCE: 14,619,566.50 00912 BANK OF AMERICA 2.800 10/27/1994 127,921.00 00914 B~NK OF ~ERI~ 2.800 10/27/1994 127,921.00 00881 GREAT WESTERN 3.2.50 10/17/1994 1,700,000.00 00883 GREAT WESTERN 3.2.500 10/31/1994 500,000.00 S~AI.~ and ENDING BALANCE 127,921.00 2,327,921.00 12,419,566..50 LOCA. L AGENCY INVESTMENT FUNDS O0<K)5 LOCJ~L AGENCY INVST FUND 000804 LOOd~ AGEI~;'Y INVST FUND SUBTOTALS and ENDING BALANCE 5.106 1,761,457.13 5.106 1,761,457.13 BEGINNING BALANCE: 10,585,297.16 12,346,754.29 CHECKING/SAVINGS ACCOUNTS 00180 BANK OF AMERICA 2.000 1,872,000.00 BEGINNING BALANCE: 1,656,000.00 492,719.03 708,719.03 { A~EI:'T~CES BEGINNING 4,879,930.56 4,879,930.56 FEDERAl, AGENCY ISSUES BEGINNING BAIJ~NGE: 5,496,250.00 5,496,2.50.00 TRIAS~Y SECURITIES - COUPON BEGINNING BAi. ANCE: 482,996.24 482,996.24 TREASRY SECq2RITIES - DISCOUNT BEGINNING BALANCE: 3,3.50,881.16 3,3.50,881.16 MORTGAGE BACK. ED SECURITIES 00071 BANK OF AMERICA 00203 BANK OF AMIH{ICA 00(09 DEAN WITTER REYNOLDS 00002 GIBRALTAR SAVINGS SBTOTALS and ENDING BAiJdN2E 8.000 10/17/94 8.500 10/25/94 9.0(0) 10/03/94 s.500 10/15/94 BEGINNING BALMKIE: 1,589.69 5,636.36 165.24 1,303.65 8,694.94 1,928,711.73 1,920,016.79 11/07/1994 CITY OF RANCIK CDCAMONGA ~ - 6 PORTFOLIOMASTEI{ I~EST){ENT ACTIVITY BY TYPE CITY OCTOBER 1, 1994 ' OCTOBE~ 31, 1994 CAR{ STATE]) TRANSACTION PURCHASES S~ES/~TURITIES Tlq~E IBESTM~N'[ { I~UER RATE DATE OR DEPOSITS OR WITHDRAWALS BAI.AI+CE SMALL BUSINESS AI3MINISTRATION BEGINNI~ BALANCE: 1,101,562.50 1,101,562.50 MI~EU.J. NEOUS SECURITIES - DISCOOllY TOTALS BEGINNING BALANCE: B[INNING BAL3.N<2E: 501,904.00 501,904.00 $ 43,439,818.88 3,761,378.13 3,992,615.94 43,208,581.07 13 CITY OF RANCHO CUCAMONGA _ DATE: TO: FROM: BY: SUBJECT: STAFF REPORT November 16, 1994 Mayor and Members of the City. Council Jack Lam. AICP, City Manager William J. O'Neil, City. Engineer Mike Olivier, Senior Engineer ADOPTION OF A RESOLUTION APPROVING AN APPLICATION FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FOR THE METROLINK RAILWAY STATION BEAUTIFICATION PROJECT. RECOMMENDATIONS It is recommended that Council approve the attached resolution approving a non-matching fund Grant Application through the Environmental Enhancement and Mitigation Program to develop a vacant Railway lot. immediately north of the new Metrolink Station, which is overgrown by native Calitbmia vegetation. BAC KGROUND/ANAL Y S I S Council approved the application for funding for an Art-Park last year, which was not successful in receiving funds. This triangular 3-acre site is north of the new Metrolink Station, and west of Milliken Avenue. It is surrounded by railway tracks, with the longest side of the triangular shape containing the north Metrolink platform. Staff has changed the name of the project from "Art-Park" to "The Metrolink Railway Station Beautification Project" with a shortened specific name of Metro-Park. The Grant is administered by the State for use in mitigation of vehicular emissions. There are no matching funds required by the applicant, however, the local agency if successful. is required to bear the cost of design and contract administration for construction of the beautification project. The site is inaccessible by vehicular traffic. With minor modifications it can be reached by foot traffic. The scheme CITY COUNCIL STAFF REPORT METROLINK RAIL WAY STATION BEAUTIFICATION PROJECT NOVEMBER 16, 1994 Page 2 is to create an inviting atmosphere of esthetic quality that also functions to provide additional oxygenation and the practical effect of a windbreak for the passengers along the Metrolink Station platforms. The grant request is $444,774.00 for construction of the Metro-Park. William J. O'Neil City Engineer WJO:MO:ly Attachments 15 A RESOLUTION OF THE CITY COL ,'NCIL OF THE CITY OF RAaNCHO CUCAMONGA. CALIFORN'IA..~d°PROVING THE APPLICATION FOR GRANT FUNDS FOR THE EN'VIRON~'MENTAL ENHANCEMENT .&ND MITIGATION PROGRAM L,'NDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE RANCHO CUCAMONGA METROLIN'K STATION METRO- PARK WHEREAS, the Legislature of the State of California has enacted AB 471 (Chapter 106 of the Statu~es of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local. state and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS. the Resource Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the Califomia Transportation Commission a list of recommended projects from which the grant recipients will be selected: and WHEREAS, said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State: and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant if selected, will enter into an agreement with the State of Califomia to carry.' out the environmental enhancement and mitigation project; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE as follows: SECTION l. Approves the filing of an applicant for the Environmental Enhancement and Mitigation Program t~3r grant assistance. SECTION 2. Certifies that said applicant will made adequate provisions for operation and maintenance of the project. SECTION 3. Appoints William Joseph O'Neil, City. Engineer. as agent of the City. of Rancho Cucamonga to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments. payment requests and so on, which may be necessary. for the completion of the aforementioned project. 16 Resolution No. 94- Page 2 PASSED. APPROVED. and ADOPTED this 16th day of November 1994. AYES: NOES: ABSENT: ATTEST: Dennis L. Stout, Mayor Debra J. Adams. City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City. ofRancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed. approved and adopted by the City Council of the City of Rancho Cucamonga, Califomia at a regular meeting of said City Council held on the 16th day of November 1994. Executed this 16th day of November 1994, at Rancho Cucamonga, California. Debra J. Adams 17 -31- 18 INqOJECT B(XlOARYI~ " , "~ ~ LIES ~T RESISTANT GROUND COVER NATIVE PLANT DEM(316TRATION GARDEN EUCALYPTUS GROVE Wli)ROWll OaV S'mE.AM mSD ORAmtAGE COtroSE ' NOItTH PtAIFORM WITH SHADE STRUCTURES ~,,(CC)NSIRUC IEO WITH STATION Fill)S) AR1 INSIALLAIKIN ON LOAN PEIILMI..N~ SCULPTtlE (TO mE C0~ :SSK~ED BY Cn'V) Olkl&.* qlALTREE- COn m" _~k'l file D(-CORATe~ ~ ~-- TO MAI'CH SOUIH IR.AIFORM ACCENT TREE SWEET 6LII .... DECOkFOSF. D GRAIIIE TRAI. WI~DI!LOCKIIIURAL WALL .~.~./~J J~ WITH EUCALYPTU~ ~ ,, ,' ,~. . · i i i r'l tlJf t s t ~ i i I I I i i i - I I I I I T- I I I 1 :-T: I I I I I & I I I I . I I I I I | I I l:: I I t I i~:..~l:l~l- l.=i:l-l-I I l"l- ' -~17' ~:. ',~, ~ ......ZJ '"~ · '-. / ~ ,,.:.' · //, . '? .,s--', '~ ", / CITRUS. GRAINS. PALMS ~ ..-, ~-* EXISTING UNDERPASS LANDSCAPING '~ --- METROLINK STATION/PARKING --\ ...,~,. .m,,,,~.. I I i I 1-1 I I I I ! I i t t I i ,-1-- l~l~_l~-.:JIc- 1 i I i I I I I AT THE RANCHO ~ METIIOI_I~ STATION CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 16, 1994 Mayor and Members of the City Council Jack Lam, AICP. City Manager William J. O'Neil, City Engineer Mike Olivier, Sr. Civil Engineer APPROVAL OF THE ACQUISITION OF APPROXIMATELY 2.4 ACRES IN THE AMOUNT OF $2,500,000.00 PLUS $10,000.00 FOR ESCROW FEES, ACCOUNT NUMBER 16-50400, FOR THE RIGHT-OF-WAY NECESSARY FOR THE MODIFICATION OF THE INTERSTATE 15 AND ROUTE 66 INTERCHANGE. RECOMMENDATION Approval of the acquisition of approximately 2.4 acres in the amount of $2,500.000.00 plus $10,000.00 for escrow fees, Account Number 16-50400, for the Right-of-Way necessary for the modification of the Interstate 15 and Route 66 Interchange. BACKGROUND/ANALYSIS Sufficient RDA funds were budgeted in Fiscal Year 1994/95 for the acquisition of the fight-of-way necessary for the modification of the Interstate 15 and Route 66 Interchange. The acreage needed is approximately 2.4 acres. On November 6, 1991, Council approved Parcel Map No. 13724, Foothill Marketplace which reserved 2.4 acres for the modification of the Interstate 15 and Route 66 Interchange. The project consists of: (1) widening Route 66 (Foothill Boulevard) under the I-15 Bridge from two lanes of traffic to three lanes, (2) adding an on-ramp lane for vehicles turning north on 1-15, (3) relocating and widening northbound off-ramp from I-15 to Foothill Boulevard, (4) constructing a new traffic signal for the freeway ramps on the west side of I-15, and (5) relocating and upgrading the traffic signal for the freeway ramps on the east side of I-I 5. In February 1992, the City contracted with J. William Murphy and Associates to appraise the property. The appraisal, based on highest and best use as commercial development, was $1,324,000.00 or $12.66/sq. ft. An offer based on the City's appraisal was made to the owners of the property. Foothill Marketplace Partners (FMP) in September 1992. The offer was rejected, and FMP had the property appraised in March 1993 by Urban Pacific Services Corp. The appraisal, CITY COUNCIL STAFF REPORT NOVEMBER 16, 1994 Page 2 based on highest and best use as retail related use, was $2,427,000.00 or $23.22/sq. ft. Again in October 1993, FMP had the property re-appraised by Michael J. Francis and Associates, Inc. The appraisal based on retail use was $2,696,000.00 or $25.79/sq. ft. After FMP's rejection of the City's offer and after their first appraisal of $2,427,000 the City requested Caltran's Right-of-Way Division to make an appraisal. Without a formal appraisal they concluded that the property in question should sell for approximately $25.00/sq. ft., or $2.6 million. Caltran's Right-of-Way Division recently reviewed the City's appraisal and the two appraisals made at the request of Foothill Marketplace. They have indicated that the City's appraisal is considerably low due to rapid land changes in the area. The City also agrees with this assessment. Caltrans does not accept the appraisal done by Michael J. Francis and Associates, Inc., in the amount of $2.7 million since it is not signed, has no photographs of the area, and is generally incomplete. However, Caltrans accepts the appraisal done by urban Pacific Services Corp., in the amount of $2.4 million as meeting state and local regulations. On July 27, 1994, FMP responded in writing that they would sell the property to the City for $2,500,000.00 or $23.91/sq. ft. Based on the above assessments by Caltrans and City staff, it is recommended that Council approve the acquisition of said property in the amount of $2,500,000.00 plus $10,000.00 for escrow fees. A map showing the subject right-of-way required and a sketch showing the proposed modifications of the Interchange is attached. Respectfully submitted, William J. O~eil City Engineer WJO:MO:Iy Attachments 0 > - Z-l:lq-iI:][} - ~0~ I ,/ F~ RANClIO CUCAMONGA _--_.- ~ ~x ~'/~ ~ ~:- ............... ~_, '___~,_~_ _ ~  CLA2" ' ~ · % NN~', Ctt~Ctl //" ~/~ StiOPPING CENTER ~~ / pRICE CLUB / ~ NEW TRAFFIC SIGNAL (2) NEW 6 LANE WIDENING (~) NEW ON-RAMP (~j') RELOCATED OFF*RAMP (5) REI OCATED UPDATED TRAFFIC SIGNAL / \ / - -- ...... TO DEVOIIF ;_ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: November 16, 1994 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Mike Olivier, Sr. Civil Engineer SUBJECT: APPROVAL AND EXECUTION OF A JOINT POWERS AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (STATE), (AGREEMENT NO. 8-721 ), FOR FUNDING OF THE INTERSTATE 15 AND ROUTE 66 INTERCHANGE MODIFICATION. RECOMMENDATION Approval and execution of a Joint Powers Agreement between the City of Rancho Cucamonga and the State of Califomia Department of Transportation (State), (Agreement No. 8-721), for funding of the Interstate 15 and Route 66 Interchange modification. BACKGROUND/ANAl ,YSIS Sufficient RDA funds were budgeted In Fiscal Year 1994/95 for the funding of the Interstate 15 and Route 66 Interchange Modification Project. Approximately five years ago, sensing that development was going to occur in the area of Foothill Boulevard and I- 15, design was undertaken by the City for the modification of the Interstate 15 and Route 66 Interchange. The engineering consulting firm of Parsons, Brinkerhoff, Quaid and Douglas, Inc., was engaged by the City to prepare and submit to the City and Caltrans plans, specifications and cost estimates for the Interchange Modification. The project consists of: (1) widening Route 66 (Foothill Boulevard) under the l-15 Bridge from two lanes of traffic to three lanes, (2) adding an on-ramp lane for vehicles turning north on 1-15, (3) relocating and widening northbound off-ramp from I-15 to Foothill Boulevard, (4) constructing a new traffic signal for the freeway ramps on the west side of I-15, and (5) relocating and tipgrading the traffic signal for the freeway ramps on the east side of I- 15. Design was completed about two years ago; however, because of funding constraints, the contract for the construction did not begin. It was the City's feeling that Caltrans should contribute toward the project since it greatly relieves congestion on I-15. After many meetings with Caltrans. an CITY COUNCIL STAFF REPORT NOVEMBER 16. 1994 Page 2 agreement was reached with respect to funding and a Joint Powers Agreement was produced for the construction phase of the project. The Joint Powers Agreement authorizes Caltrans to advertise, award and administer the construction contract and to contribute $2,111,000.00 (60.9%) toward the actual construction cost. The City shall contribute $1,354,000 (39.1%) toward the actual construction cost, funfish a part time construction inspector and have City's design consultant available to assist Calm in the contract administration. City Funding will come from RDA Account No. 16-51000. Other possible costs such as construction change orders, construction related claims and their defense thereof shall be shared between Caltrans (60.9%) and the City (39.1%). Upon completion and acceptance of the project Caltrans will accept control of and maintain, at its own cost and expense, those portions of the project lying within Caltran's fight-of-way. Caltrans also agrees to pay 100% of the operational cost of the traffic signals and safety lighting. Respectfully submitted, William J. O'Neil City Engineer WJO:MO:Iy Attachments RANCHO CUCAA/IONGA ,/ 10 ONTARIO ..........-'-.-:;::-~='::':'~"'~:::~'~'~""~" ~ .......................... I- ........ ~ ~' '- '_" T_- -::., -~- - -:.-. = _ ' -~ -=- (/\\SHOPPING CENTER / / \ / PRIGE GLUB \ ~ / \ / \ / \ \//\ NOTES: (~) NEW TRAFFIC SIGNAL (2) NEW 6 LANE WIDENING (~) NEW ON-RAMP (~) RELOCATED OFF-RAMP ,~,,)(:~) RELOCATED UPDATED TRAFFIC SIGNAL TO DEVO!-II:i 08-SBd-15,66-5.1/5.3 08303 - 281800 1-15 and Route 66 IC Modifications District Agreement No. 8-721 JOINT POWERS AGREEMENT This AGREEMENT, entered into on , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF RANCHO CUCAMONGA, a body politic and a municipal corporation of the State of California, referred to herein as CITY. (1) (2) (3) (4) (5) RECITALS STATE and CITY contemplate constructing State highway improvements consisting of new eastbound to northbound loop entrance-ramp, realign and widen northbound exit-ramp, widen Foothill Boulevard to six lanes, provide provisions for future ramp meters and modification of traffic signals at the interchange of 1-15 and Foothill Boulevard (Route 66), referred to herein as "PROJECT". STATE is authorized to do all acts necessary, convenient or proper for the construction or improvement of all highways under its jurisdiction, possession or control. CITY is authorized to plan, design, acquire right of way and construct projects on the State highway system. STATE and CITY are public agencies authorized under the Streets and Highways Code and under Government Code Section 6500 et seq. to enter into a Joint Powers Agreement under which STATE will advertise, award, and administer the construction contract and provide oversight for PROJECT and CITY will share the cost of construction for PROJECT. STATE's share of the cost of construction will be funded with funds which have been transferred from the East Upland Underpass project (E.A. 384290). 1 DISTRICT AGREEMENT NO. 8-721 (6) (7) STATE and CITY mutually desire to jointly participate in the construction of PROJECT and desire to specify herein the terms and conditions under which PROJECT is to be constructed, financed, and maintained. The purchase of rights of way, the handling of utility relocation, and preliminary and design engineering for PROJECT have been subjects of separate prior Cooperative Agreements. SECTION I STATE AGREES: (1) At no cost to CITY, to provide all labor, materials, tools and equipment for PROJECT, including advertising, award, contract administration, Resident Engineer, Bridge Representative, material source inspection, independent assurance and specialty testing, and such other construction engineering as may be required for satisfactory completion of PROJECT. (2) At no cost to CITY, to provide oversight responsibility for construction of PROJECT in accordance with the provisions of STATE's Policy and Procedure Memorandum No. P90-01. (3) To construct PROJECT by contract in accordance with plans and specifications prepared by CITY and approved by STATE. (4) To establish separate PROJECT accounts to accumulate charges for all costs to be paid for by CITY pursuant to this Agreement. (5) To pay an amount equal to 60.9% of the actual PROJECT construction cost, estimated to be $2,111,000, but in no event shall STATE's total obligation for PROJECT construction costs under this Agreement, excluding costs referred to in Section III, Article (12) of the Agreement, exceed the amount of $2,111,000; provided that STATE may, at its sole discretion, in writing, authorize a greater amount. (6) To submit an initial billing in the amount of $120,000 to CITY, 15 days prior to STATE's bid advertising date of a construction contract for PROJECT. Said initial billing to represent CITY initial deposit for one month estimated construction cost. DISTRICT AGREEMENT NO. 8-721 (7) Thereafter, to prepare and submit to CITY monthly billing statements for estimated expenditures for construction one month in advance as construction of PROJECT proceeds.' (s) To consult with CITY on all change orders with an estimated cost of over $50,000 before implementation, except when necessary for the safety of motorists and/or pedestrians or for the protection of property. (9) To provide CITY quarterly reports of actual expenditures compared to the monthly advances made by CITY and to provide updated planned reimbursement schedules. The cash deposit amounts may be revised based on updated planned expenditure schedules. STATE will monitor the actual versus the planned expenditures monthly to assure that CITY advance deposits pursuant to Section II, Articles (1) and (2), will always be sufficient. (10) Upon completion of PROJECT and all work incidental thereto, to furnish CITY with a detailed statement of the total actual costs of construction and SERVICES for PROJECT, including the costs of any contract claims which have been allowed to the construction contractor. STATE thereafter shall refund to CITY (promptly after completion of STATE's audit) any amount of CITY's deposits and down payments STATE is holding after actual costs to be borne by CITY have been deducted, or to bill CITY for any additional amount required to complete CITY's financial obligations pursuant to this Agreement. SECTION II CITY AGREES: (1) To deposit with STATE within twenty (20) days of receipt of billing (which billing will be forwarded 15 days prior to STATE's bid advertising date of a construction contract for PROJECT), the amount of $120,000. Said figure represents CITY's share of the estimated initial deposit for one month estimated construction cost required to complete PROJECT. CITY's total obligation for said anticipated PROJECT costs, exclusive of claims and excluding costs referred to in Section III, Article (12) of this Agreement, shall not exceed the amount of $1,354,000, provided that CITY may at its sole discretion, in writing, authorize a greater amount. DISTRICT AGREEMENT NO. 8-721 (2) (3) (4) (5) (6) To deposit with STATE not later than ten (10) working days preceding the beginning of each month, the estimated expenditures for that month, and to continue making such advance deposits on a monthly basis until PROJECT completion. CITY's share of the construction cost (estimated to be $1,354,000) shall be an amount equal to 39.1% of the total actual construction costs, including the cost of construction- related claims, the cost of STATE defense of any of those claims and the cost of STATE-furnished material, if any, as determined after completion of work and upon final accounting of costs. To pay STATE upon completion of all work and within twenty (20) days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforementioned deposits and payments required to complete CITY's financial obligation pursuant to this Agreement. STATE's construction contract claims process will be used in consultation with CITY. CITY shall abide by the outcome of said process. Upon completion of work under this Agreement, CITY will assume maintenance and the expense thereof for any part of PROJECT located outside of current STATE right of way until acceptance of any such part of PROJECT into the State highway system by STATE, approval by the Federal Highway Administration, if required, and conveyance of acceptable title to STATE. SECTION III IT IS MUTUALLY AGREED: (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) Should any portion of PROJECT be financed with Federal funds or State gas tax funds, all applicable laws, rules and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. DISTRICT AGREEMENT NO. 8-721 (3) (4) (5) (6) (7) (8) (9) STATE's goals for utilization of Minority, Women's and Disadvantaged Veteran Business Enterprise (MBE, WBE and DVBE) will be included in the construction contract. The contract goals will be based on a technical analysis of contract items and certified MBE/WBE/DVBE subcontractors in the area. STATE will award construction contract to the lowest responsible bidder who meets the goals or who made, in the sole judgement of STATE, a good faith effort to do so. STATE shall not advertise for bids to construct PROJECT until after this Agreement is executed by both parties thereto. STATE shall also not advertise for bids to construct PROJECT until CITY delivers to STATE control and/or possession to rights of way, free and clear of all encumbrances detrimental to STATE's present and future uses at a time of CITY's certification of rights of way ready for construction. Acceptance of said title by STATE is subject to a review of a Policy of Title Insurance in STATE's name to be provided and paid by CITY. STATE shall not award a contract to construct PROJECT until after receipt of CITY's deposit required in Article (1) of Section II of this Agreement. Prior to advertising of bids for the construction contract for PROJECT, CITY may terminate this Agreement, in writing, provided that CITY pays STATE for all PROJECT-related costs incurred by STATE, under terms of this Agreement. If, upon opening of bids for PROJECT, it is found that the lowest responsible bid is not more than the Engineer's Estimate, STATE and CITY may conduct a joint review of the bids immediately following opening of bids and prior to submittal of STATE District 8's letter of recommendation to award to STATE's Office Engineer in Sacramento, if so requested by CITY. After the joint review and within the time allowed for award STATE may award the construction contract for PROJECT. If upon review of the aforementfoned bids, CITY, by written notice to STATE's District 8 Office, elects to not proceed with PROJECT, thereby causing STATE to reject all bids. CITY agrees to pay STATE for all PROJECT-related costs incurred by STATE, including all legal costs and damages resulting from rejection of all bids for PROJECT. If, upon opening of bids for PROJECT, it is found that the lowest responsible bid exceeds the Engineer's Estimate, STATE and CITY shall consult upon a course of action. If, after 31 DISTRICT AGREEMENT NO. 8-721 fifteen (15) days, a course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent pursuant to Article (10) of this Section III. (10) If termination of this Agreement is by mutual consent, CITY will bear one hundred percent (100%) of all PROJECT-related costs incurred by STATE pursuant to this Agreement. (11) After award of the construction contract for PROJECT, should CITY, after a request by STATE, not authorize funding beyond the amounts stated in Articles (1), (2), and (3) of Section II above, STATE shall insure that all operating roadways are in a safe and satisfactory permanent operating condition and then shall cease work on PROJECT. Additional costs incurred in excess of payments made will be billed and subject to payment by CITY within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportionments due CITY from the Highway User Tax Fund. (12) If, during PROJECT construction, any unforeseen conflict with existing public and/or private utility facilities occur, or if there is a significant change required in any approved utility relocation plan, the provisions of STATE's current Standard Specifications Section 8-1.10 (Utilities and Non-Highways Facilities) shall apply. (13) In the construction of PROJECT, CITY may, at no cost to STATE, furnish a representative, if it so desires. Said representative and STATE's Engineer will cooperate and consult with each other, but the decisions of STATE's Resident Engineer shall prevail as final, binding and conclusive in all matters concerning PROJECT construction contract. (14) If any unforeseen potential hazardous waste sites are encountered during construction of PROJECT, STATE and CITY shall meet and confer on a course of action. The responsibilities and costs for any action shall be covered by amendment to this Agreement. (15) Upon completion and acceptance of the PROJECT construction contract by STATE, STATE will accept control of and maintain, at its own cost and expense, those portions of PROJECT lying within STATE's right of way, except local roads delegated to CITY for maintenance. DISTRICT AGREEMENT NO. 8-721 (16) CITY will accept control and maintain, at its own cost and expense, the portions of PROJECT lying outside the STATE's right of way. Also, CITY will maintain, at CITY expense, local roads within STATE's right of way delegated to CITY for maintenance. (17) STATE will maintain the traffic control signal system and safety lighting as installed and pay an amount equal to 100% of the total maintenance costs, including electrical energy costs. (18) STATE will operate the traffic signal(s) as installed and pay one hundred percent (100%) of the operation cost. (19) Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances installed within STATE's right of way will automatically be vested in STATE, and materials, equipment and appurtenances installed outside of STATE's right of way will be automatically vested in CITY. No further agreement will be necessary to transfer ownership as hereinabove stated. (20) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. (21) Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (22) Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall DISTRICT AGREEMENT NO. 8-721 fully defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. (23) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. DISTRICT AGREEMENT NO. 8-721 (24) Except as otherwise provided in Articles (6) (8), and (10) of this Section III, those portions of Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the construction contract for PROJECT by STATE, or on June 1, 1997, whichever is earlier; However, the ownership, operation, maintenance, liability, and claims clauses shall remain in effect until terminated or modified in writing, by mutual agreement. Should any construction-related claim arising out of PROJECT be asserted against STATE, CITY agrees to extend the termination date of this Agreement and provide additional funding as required to cover CITY proportionate share of costs or execute a subsequent Agreement to cover those eventualities. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation CITY OF RANCHO CUCAMONGA By Mayor By KEN STEELE, District Director Attest: City Clerk APPROVED AS TO FORM AND PROCEDURE: Attorney, Department of Transportation District Resource Manager CERTIFIED AS TO PROCEDURE: Accounting Administrator DATE: TO: FROM: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT November 16, 1994 Mayor and Members of the City Council Jack Lam, AICP, City Manager Suzanne Ota, Community Services Manager PAYMENT FOR CONSULTING SERVICES ON HVAC SYSTEM AT THE OLD LIBRARY BUILDING RECOMMENDATION Authorize budget appropriation in the amount of $1,000.00 from Account 13-4563-6028 and payment to Mathaudhu Engineering, Inc. for evaluation of the HVAC system at the Old Library site. BACKGROUND/ANALYSIS On July 1, 1994, the City assumed ownership of the Old Library building located on Base Line Road. At that time, staff performed a cursory evaluation of the facility and make some determinations regarding the building's physical and structural integrity. One area which was beyond staffs capability of evaluating was the existing HVAC system. Staff received quotes from three mechanical engineering firms and chose the services of the least expensive firm, that of Mathaudhu Engineering, Inc. Funds are available for this service from the Recreation Fund Balance 13-4563. Respectfully submitted, g~aServices Manager DATE: TO: FROM: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT November 2, 1994 Mayor and Members of the City Council Jack Lam, AICP, City Manager Robert C. Dominguez, Administrative Services Director REVIEW OF POLICY REGARDING GIFTS AND GRATUITIES Recommendation It is recommended that the City Council review and receive and file this report regarding gifts and gratuities. Background In February of this year, the City Council approved a City/District policy concerning gifts and gratuities. Upon approval, the Council directed staff to return after approximately six months with an evaluation of the policy and it's impact on operations. With enactment of the policy came several questions from departments that, within the conduct of their programs, solicit donations. Such solicitations are primarily from Community Services who use the donations as awards and prizes for their programs. The policy allows for the type of solicitation noted above and therefore does not impose unreasonable restrictions on the departments operations. Virtually no other issues have arisen concerning the policy. Summary Staffs assessment is that the policy has been effective and has not been burdensome upon the departments in carrying out their responsibilities. The policy will be redistributed as a reminder to employee's prior to the coming holiday season. Respectfully submitted, R r~!uez Director RCD/rc 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. Shall permit delivery at the work site (office or City/District facility) 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 appredation 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. 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 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 16, 1994 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O~eil, City Engineer Willie Valbuena, Assistant Engineer APPROVAL OF PARCEL MAP 12877 AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. I AND STREET LIGHTING MAIIN'TENANCE DISTRICT NOS. 1 AND 2, LOCATED ON THE NORTH SIDE OF HILLSIDE ROAD, EAST OF MOONSTONE AVENUE, SUB1V[ITTED BY IRWIN B. GOLDEN RECOMMENDATIONS It is recomended that the City Council adopt the attached resolutions approving Parcel Map 12877 and ordering the annexation to Landscape Maintenance District No. I and Street Lighting Maintenance District Nos. I and 2, and authorizing the City Clerk to cause said map to record. BACKGROUND/ANALYSIS Parcel Map 12877 was approved by the Planning Commission on December 9, 1992, for the division of 3.28 acres of land into 2 parcels in the Very Low Residential District (less than 2 dwelling units per acre), located on the north side of Hillside Road, east of Moonstone Avenue. The improvements associated with parcel I have been completed. The street improvements fronting Hillside Road will be installed upon development of Parcel 2. A letter of approval has been received from Cucamonga County Water District. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Respectfully submit'ted, William J. O'Neil City Engineer WJO: Attachment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 12877 WHEREAS, Tentative Parcel Map No. 12877, submitted by Irwin B. Golden, and consisting of 2 parcels located on the north side of Hillside Road, east of Moonstone Avenue was approved by the Planning Commission of the City of Rancho Cucamonga, on December 9, 1992, and is in compliance with the State Subdivision Map Act and Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Parcel Map No. 12877 is the final map of the division of land approved as shown on said tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the f'mal map by the City Council of said City have now been met. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA HEREBY RESOLVES, that said Parcel Map No. 12877 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. 41 PASSED, APPROVED, AND ADOPTED This 16th day of November, 1994. AYES: NOES: ABSENT: ATTEST: Dennis L. Stout, Mayor Debra J. Adams, City Clerk A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 12877 WHEREAS, the City Council of the City of Rancho Cucamonga, Califomia, has previously formed a special maintenaxice district pursuant to the terms of the "Landscaping and Lighting Act of 1972', being Division 15, Pan 2 of the Streets and Highways Code of the State of Califomia, said special maintenance district known and designated as Landscape Maintenance District No. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (hereinai~er 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 terntory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit 'A' attached hereto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the owners of property within the terntory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the property as shown m Exhibit "A" and the work program areas as described in Exhibit "B' attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder. PASSED, APPROVED, AND ADOPTED This 16th day of November, 1994. AYES: NOES: ABSENT: Denms L. Stout, Mayor ATTEST: Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, Califomia, at a regular meeting of said City Council held on the 16th day of November, 1994. Executed this 17th day of November, 1994, at Rancho Cucamonga, California. Debra J. Adams, City Clerk AA EXHIBIT 'A' ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2 ~A ~ CEI_ /WA ~ /2~ /G/IT CITY OF RANCHO CUCAMONGA tl COUNTY OF SAN BERNARDINO ' ,~. M I2 ~77 STATE OF CALIFORNIA EXHIBIT "B" WORK PROGR./LM PROJECT: PM 12877 STREET LIGHTS: Dist. 5800[, S1 S2 NUMBER OF LAMPS 9500L 16.0001, 22.0001, 27.500I. LANDSCAPING: Dist. LI Community Equestrian Trail D.G.S.F. 2580* Tuff S.F. Non-Turf S.F. Trees Ea. 7' ASSESSMENT UNITS: Assessment Units By District Parcel DU S1 S2 L1 N/A 2 2 2 2 Existing items installed with original project. This Parcel Map will add one street light only. Form Date 11/16/94 DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCA~MONGA STAFF REPORT November 16. 1994 Mayor and Members of the City Council Jack Lam, AICP. City. Manager William J. O'Neil, City. Engineer Linda R. Beek, Junior Enginee/ AWARD AND AUTHORIZATION FOR EXECUTION OF CONTRACT FOR BIKE PATHWAYS, LOCATED AT TERRA VISTA PARKWAY. CHURCH STREET, FOURTH STREET, ARROW ROUTE, GREENWAY CORRIDOR, ETIWANDA AVENUE, ARCHIBALD AVENUE AND HAVEN AVENUE, TO LAIRD CONSTRUCTION COMPANY, INCORPORATED, FOR THE AMOUNT OF $61,734.64 ($56.122.40 PLUS 10% CONTINGENCY), TO BE FUNDED FROM AIR QUALITY IMPROVEMENT GRANT ACCOUNT NO. 14-4158-6028 RECOMMENDATIONS It is recommended that the City Council accept all bids as submitted and award and authorize for execution. the contract for Bike Pathways to the lowest responsive bidder, Laird Construction Company, Incorporated, for the amount of $61,734.64 ($56,122.40 plus 10% contingency), to be funded from Air Quality Improvement Grant Account No. 14-4158-6028. BACKGROUND/ANA! ,YSIS Per previous Council action, bids were solicited, received and opened on October 18. 1994, for the subject project. Laird Construction Company, Incorporated. is the apparent lowest responsive bidder, with a bid amount of $56, 122.40 (see attached bid summary.). The Engineer's estimate was $68,847.50. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. Respectfully submitted, Willia~.O'Neil City Engineer WJO:LRB:sd Attachments 47 Bid Opening, October 18, 1994 Item Item Unit of No. Description easur I Clearing & Grubbing LS 2 Crushed Aggregate Base TON 3 Sawcut LF 4 AC Pavement (4") TON 5 2" x 4" Redwood Header LF 6 Traffic Striping LS 7 Traffic Control LS 8 Traffic Signs W/post EA 9 Traffic Signs on Street Light EA 10 Bike Signs W/posts EA 11 Bike Signs on St. Light EA 12 Markings Word & Arrow LS Total Bid CITY OF RANCHO CUCAMONGA SUMMARY OF PROPOSALS BIKE PATHWAYS Engineer's Estimate Laird Construction Engineer's Estimate $64,267.50 Guitierrez Construction stimated Unit Total Unit Total Unit Total Quantity Prices Prices Prices 1 1,500.00 1,500.00 4,000.00 4,000.00 5,000.00 136 23.00 3,128.00 28.50 3,876.00 12.00 1,355 1.50 2,032.50 0.70 948.50 1.25 136 50.00 6,800.00 40.15 5,460.40 40.00 1,355 3.00 4,065.00 2.50 3,387.50 2.50 1 13,000.00 13,000.00 7,530.00 7,530.00 15,500.00 I 3,500.00 3,500.00 4,075.00 4,07500 2,500.00 22 125.00 2,750.00 100.00 2,200.00 150.00 0.00 0.00 28 60.00 1,680.00 55.00 1,540.00 35.00 89 128.00 11,392.00 105.00 9,345,00 150.00 182 60.00 10,920.00 50.00 9,100.00 35.00 I 3,500.00 3,500.00 4,660.00 4,660.00 500.00 0.00 0.00 64,267.50 56, 122.40 J & S Sign Company, Inc. Unit Total Prices 5,000.00 5,700 00 5,700.00 1,63200 30.00 4,080.00 1,693.75 1.00 1,355.00 5,440.00 42.00 5,712.00 3,387.50 2.60 3,52300 15,500.00 12,260.00 12,260.00 2,500.00 5,790.00 5,790.00 3,300.00 112.00 2,464.00 0.00 0.00 980.00 33.00 924.00 13,350.00 117.00 10,413 00 6,370.00 36.00 6,552.00 500.00 3,060.00 3,060.00 0.00 0.00 59,653.25 61,833.00 Item Item Unit of No. Description easur 1.00 300 4.00 5.00 7.00 10.00 11.00 12.00 13.00 14.00 15.00 1600 Clearing & Grubbing LS rushed Aggregate Base TON Sawcut LF AC Pavement (4") TON 2" x 4" Redwood Header LF Traffic Striping LS Traffic Control LS Traffic Signs W/post EA Traffic Signs on Street Light EA Bike Signs W/posts EA Bike Signs on St. Light EA Markings Word & Arrow LS Total Bid CITY OF RANCHO CUCAMONGA SUMMARY OF PROPOSALS BIKE PATHWAYS Inland Asphalt & Coatings KDK Engineering UndenNood Construction Estimated Unit Total Unit Total Unit Total Quantity Prices Prices Prices 1 4.500.00 4,500.00 4,000.00 4,000.00 136 26.00 3,536.00 18.00 2,448.00 1,355 0.40 542.00 1.50 2,032.50 136 47.00 6.392.00 65.00 8,840.00 1,355 3.50 4,742.50 2.00 2,710.00 I 10.120.00 10,120.00 13,000.00 13,000.00 I 1,000.00 1,000.00 2,000.00 2.000.00 22 108.00 2,376.00 155.00 3.410.00 0.00 0.00 28 49.00 1,372.00 75.00 2,100.00 89 132.50 11,792.50 145.00 12,90500 182 74.60 13,577.20 3500 6.370.00 I 2,552.00 2,552.00 5,000.00 5,000.00 0.00 0.00 62,502.20 64,815.50 JEG Construction Unit Total Prices 5,000.00 5,000.00 12,325.00 12,325.00 40.00 5,440.00 34.00 4,624.00 2.00 2,710.00 0.90 1,219.50 50.00 6,800.00 4400 5.984.00 3.00 4,065.00 4.00 5,420.00 10,120.00 10,120.00 7,200.00 7,200.00 4,000.00 4,000.00 600.00 600.00 110.00 2,420.00 93.00 2,046.00 0.00 0.00 60.00 1,680.00 75.00 2.100.00 135.00 12.015.00 125.00 11,125.00 80.00 14,560.00 85.00 15,470.00 2,900.00 2,900.00 4.200.00 4,200.00 0.00 0.00 71,710.00 72,313.50 Item Item Unit of No. Description easur 1.00 300 4.00 500 7.00 10.00 11.00 12.00 13.00 14.00 15.00 1600 Clearing & Grubbing LS rushed Aggregate Base TON Sawcut LF AC Pavement (4") TON 2" x 4" Redwood Header LF Traffic Striping LS Traffic Control LS Traffic Signs W/post EA Traffic Signs on Street Light EA Bike Signs W/posts EA Bike Signs on St. Light EA Markings Word & Arrow LS Total Bid CITY OF RANCHO CUCAMONGA SUMMARY OF PROPOSALS BIKE PATHWAYS Sean Malek Eng & Const., Inc. Estimated Unit Total Quantity Prices 1 7,800.00 136 42.00 1,355 1.00 136 69.00 1,355 2,50 1 12,000.00 1 18,000.00 22 123.00 28 56.00 89 151.00 182 8500 I 3,000.00 7,800.00 5,712.00 1,355.00 9,384.00 3,387.50 12,000.00 18,000.00 2,706.00 0.00 1,568.00 13,439.00 15,470.00 3,000.00 90,821.50 ::: j.r"1 RANCHO CUC AMONGA BIKE PATHWAY LOCATIONS 1 CHURCH AND TERRA VISTA PARKV~AY 2 FOURTH STREET 3 ARROW ROUTE 4 TERRA VISTA GREENWAY CORRIDOR 5 ETrWANDA AVENUE 6 ARCHIBALD AVENUE 7 51 DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT November 16, 1994 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Bullet, City Planner Richard L. Alcorn, Code Enforcement Supervisor RENEWAL OF THE AGREEMENT WITH THE COUNTY OF S~_N BERNARDINO FOR WEED ABATEMENT SERVICES MECOMMEN'DATION: It is recommended that the City Council approve the renewal of Contract Services with the County of San Bernardino to provide weed abatement programs. BACKGROUND: For the past five (5) years, the City of Rancho Cucamonga has contracted with the San Bernardino County Department of Agriculture to provide fire hazard weed abatement. This agreement has concluded. The contract service is currently administered by the Code Enforcement Office, and includes routine abatement of weeds, tumbleweeds, and combustible debris on property within the City through two (2) yearly programs. Beginning in April and August of each year, the Hazard Abatement Officer surveys all properties to determine if hazardous conditions exist. Subsequently, notices are sent to property owners requesting abatement. If removal of weeds and other combustibles does not occur, the County contracts with outside firms to provide clean-up and abatement. ANALYSIS: The new Agreement is essentially the same as for the previous five (5) year period. The total cost for the program shall not exceed $12,500.00 per year, representing no increase in cost to the City. The actual sum will be based on the total indirect progam costs, less any surplus fees collected. The actual cost for abatement is billed to the property owner and, as necessary, assessed to that property as a lien held by the County. This new agreement does differ from the previous one by the deletion of the five (5) year term limit. The new Agreement will continue indefinitely on a year to year basis unless the City or the County choose to renegotiate or terminate. The City Attorney has reviewed and approved the new Agreement as to form and content. CITY COUNCIL STAFF REPORT Renewal of Agreement with County of San Bernardino for Weed Abatement Services November 16, 1994 Page 2 CONCLUSION: The existing Agreement and weed abatement program have proven to be an effective means of mitigating fire hazards on vacant and developing property within the City at a nominal cost. The program has also been used as a resource by the Code Enforcement staff in resolving violations. Until such time as the quantity of vacant and developing properties diminishes, the County Weed Abatement Program is a cost effective and comprehensive way to deal with fire hazards and nuisances present in Rancho Cucamonga. ly sub ' ed, BB:RLA:nas DATE: November 16, 1994 CITY OF RANCHO CUCAMONGA STAFF REPORT TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Linda D. Daniels, Redevelopment Manager Rick Gomez, Community Development Director SUBJECT: APPROVAL OF LEASE AMENDMENT BETWEEN CITY OF RANCHO CUCAMONGA AND VALLEY BASEBALL, INC. TO ALLOW FOR AN EXPANSION OF THE STADIUM TO BE PAID FOR BY THE TENANT RECOMMENDATION: Approve the amendment to the Lease between the City of Rancho Cucamonga and Valley Baseball Club, Inc. which provides for an expansion of the stadium located at the Adults Sports Park. The cost of the design and construction am to be paid for by the Tenant. BACKGROUND/ANALYSIS: The tenant has made a request to expand the number of seats, by approximately 400, within the stadium in order to provide additional opportunities for fans to enjoy the baseball games beginning in 1995. The seat expansion will occur behind home plate and over the dugout area. The tenant has undertaken design work in order to show that an expansion of the stadium can occur without disrupting the existing pedestrian and service flows established within the stadium. Staff has reviewed the proposed plans and has also evaluated the parking needs for the expansion. Staff has determined that the proposed expansion can be serviced with the existing concession areas but will require modifications to bathroom facilities which have alrady been adressed by the tenant. Staff has also determined that there is sufficient parking to accommodate the additional seating capacity. The tenant is prepared to undertake construction so the expansion can be completed prior to the beginning 1995 baseball league season. In order for the tenant to begin this work it is necessary to amend the Lease for specific provisions relating to the construction as well as the business relationship between the City and Valley Baseball Club, Inc. This is important because while this is not a public works project, the City will be the owner of the improvements. The following are the primary lease changes/provisions that relate to the construction or business points for the stadium expansion: · Language clarification regarding the location of promotional tickets which are to be used by the City has been added. November 16, 1994 Staff Report Stadium Expansion page 2 The tenant will contribute to the cost of providing security for the stadium facility. The tenant will, as part of the expansion construction, provide secudty cameras in the concourse level of the stadium. Should construction not be completed for the league game play, a penalty of $7600 will be paid by Valley Baseball Club, Inc. to the City for each league game that is played elsewhere. The City will be responsible for initial clean up immediately following league play in the stadium and the parking lots. During special events a promoter will have the opportunity to provide concession services using portable facilities provided they meet health requirements and can service the expected crowd. The Contractor shall meet all of the requirements of a contractor undertaking a City project and shall be approved by the City. This includes such items as having a Class A license, providing the required bonding amounts, and providing the appropriate insurance certificates. The City will approval all changes and substitutions to materials, drawings and specifications. All shop drawings will require City approval. The as built drawings for the expansion will be submitted to the City upon completion of the project. As indicated before, the Tenant is paying for the expansion of the stadium. The City will own the expansion improvements once they are completed. This expansion will further enhance opportunities for fans to enjoy games and will continue to add to the success of the stadium and the sports complex. Respectfully submitted, Linda D. Daniels Redevelopment Manager ent Director CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November l 6, 1994 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Steve M. Gilliland, Public Works Inspector APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 13304 LOCATED ON THE NORTHWEST CORNER OF TERRA VISTA PARKWAY AND MT. VIEW DRIVE, SUBMITTED BY LEWIS HOMES RECOMM~-NDATION It is recommended that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANA! .YSIS Improvement Agreement and Improvement Security to guarantee the construction of the public improvement for Tract 13304 were approved by the City Council on October 5, 1989, in the following amounts: Faithful Performance Bonds: Labor and Materials Bonds: Terra Vista Parkway Mt. View Dr. $421,296. $557,954. $210,648. $278,977 The developer. Lewis Homes, is requesting approval of a 12-month extension on said improvement agreement, in order to schedule and cap pave Terra Vista Parkway and Mr. View Dr. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respectfully submitted, Wi!li~. O'Neil City Engineer WJO:SMG:Iy Attachments LEWIS HOMES MANAGEMENT CORP. 1156 North Mountain Avenue/P.O, Box 670/Upland, California 917854)670 g09/gBS-0971 FAX: gOg/g4g-6700 October 26, 1994 Mr. Steve Gilliland Public Works Inspector City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91 729 Re: Tract 13304 Dear Steve: Lewis Homes of California is hereby requesting an extension of the Improvement Agreement for Tract 13304. We request this extension because we have not completed the tract to the north (Tract 14407) and until that is done will not be capping the street in front of Tract 13304. Enclosed are: Improvement Agreement Extension form in triplicate (notarized) $251. O0 check Please do not hesitate to call me if you have any questions. My direct line number is (909) 949-6691. Sincerely, LEWIS HOMES MANAGEMENT CORP. Sheri Mclnturff Project Development 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RA/gCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVTEMENT AGREEMENT EXTENSION AND IMPROVTEMENT SECURITY FOR TRACT 13304 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on November 16, 1994, by Lewis Homes as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located at the northwest corner of Terra Vista Parkway and Mr. View Drive; and WHEREAS, the installation of such improvements, Improvement Agreement and subject to the terms thereof, conjunction with the development of said Tract 13304; and described in said is to be done in WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 16, 1994 Mayor and Members of the City, Council Jack Lam, AICP, City Manager William J. O~Neil, City Engineer Steve M. Gilliland, Public Works Inspecto ~ APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 14139, LOCATED ON THE SOUTHWEST CORNER OF ETIWANDA AVENUE AND 25TH STREET, SUBMITTED BY AHMANSON DEVELOPMENT RKCOM2MF, NDATION It is recommended that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANA! ,YSIS Improvement Agreement and Improvement Security to guarantee the construction of the public improvement for Tract 14139 were approved by the City Council on November 7, 1991, in the following total amounts: Faithful Performance Bonds: $5,039,809 Labor and Materials Bonds: $2,519,905 The developer, Ahmanson Development, is requesting approval of a 12-month extension on said improvement agreement. The improvements have not yet started due to the poor housing market. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respectfully submitted, William J.~eil City Engineer WJO:SMG: ly Attachments 59 AHMANSON RESIDENTIAL DEVELOPMENT 1370 SOClTH VALLEY VISTA DR, SC[ITE 200, DIA/,~OriD BAR, CALIFORNIA 91765-3921 · (714) 860-5400 October 18, 1994 Mr. Joe O~eil, P.E. City Engineer P.O. Box 807 Rancho Cucamonga, CA 91729 OCT 19 1994 OF ~N~;HO ENGI~IEERtNG DIVISION Re: Tract 14139 Dear Mr. O~eil: The bonds for the referenced tract were approved on November 6, 1991 and the tract was recorded on December 17, 1991. Rough grading, erosion protection, offtract sewer, 24th Street storm drain, and Zone 5C water improvements have been completed. The remaining infrastructure and intract work has not yet begun because of the poor housing market. The subdivision agreements represented by the following bonds will expire on November 6, 1994 unless extended by the City Council. The Pre-Condemnation Agreement and Improvement for Offsite Improvements will also expire on the same date unless extended. I respectfully request a one year extension of these agreements and have enclosed a $215.00 check for the review fee. Please contact me if you need further information. BOND # AMOUNT DESCRIPTION 5712760-0713 $ 214,000 5712759-0713 $ 216,000 5712757-0713 $ 201,000 5712761-0713 $1,298,000 5712758-0713 $ 903,000 5712762-0713 $ 690,000 5712755-0713 $ 580,382 5712756-0713 $ 730,509 Very truly yo, urs, Etiwanda Ave. Phase I Interim Detention Basin Landscape for Etiwanda Ave. & Paseos On-site street improvements On-site storm drain improvements Westerly channel line "H' Northerly channel XIV-8 Detention basin in Etiwanda spreading grounds A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14139 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on November 16, 1994, by Ahmanson Development as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located at the southwest corner of Etiwanda Avenue and 25th Street; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 14139; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. 61 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 16, 1994 Mayor and Members of the City Council Jack Lam. AICP. City Manager William J. O'Neil, City Engineer Steve M. Gilliland, Public Works Inspector ACCEPTANCE OF IMPROVEMENTS, RELEASE OF BONDS AND NOTICE OF COMPLETION FOR THE 30" WATER LINE FOR TRACT 13750, LOCATED ON 24TH STREET EAST OF WARDMAN BULLOCK ROAD RECOMMENDATION The required improvements for the 30" water line associated with Tract 13750, have been completed in an acceptable manner and it is recommended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond in the amount of $92,000. BACKGROUND/ANALYSIS Tract 13750 - 30" water line - located on 24th Street east of Wardman Bullock Road DEVELOPER: First City 15010 Summit Avenue Fontana, Calif. 92336 Release: Faithful Performance Bond $92,000 Respectfully submitted, William J. O~leil City Engineer WJO:SMG:Iy A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TP, ACT 13750 - 30" WATER LINE, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 13750 30" water line have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, 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 -~ DATE: TO: FROM: BY: SUBJECT: STAFF REPORT November 16, 1994 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'N'eil, City Engineer Michael D. Long, Supervising Public Works Inspector ACCEPT THE MILLIKEN AVENUE PARK PARKING LOT IMPROVEMENT PROJECT, CONTRACT NO. 94.-033, AS COMPLETE, RELEASE THE BONDS AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $191,413.26 RECOMMENDATIONS It is recommended that the City Council accept the Milliken Avenue Park Parking Lot Improvement Project, Contract No. 94-033, as complete, authorize the City Engineer to file a "Notice of Completion, and retain the Faith~al Performance in the amount of $153,727.00 to be used as the Maintenance Bond and authorize the release of the Labor and Materials Bond in the amount of $153,727.00 six months a.~er the recordation of said notice if no claims have been received. Also, authorize the release of the retention in the amount of $17,418.61, 35 days aeter the approval of the final contract amount of $191,413.26. BACKGROUND/ANAl ,YSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The final contract amount, based on project documentation, is $191,413.26, which includes 3 contract change orders for landscaping of the new parking and miscellaneous grading and soding adjacent to the volleyball courts. The original amount approved by Council was $153,727.00, and the revised approved by Council is $191,413.26. Respec~~~ William J. O'Neil City Engineer WJO:dlw Attachment j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE MILLIKEN AVENUE PARK PARKING LOT IMPROVEMENT PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for the Milliken Avenue Park Parking Lot Improvement Project has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. ORDINANCE NOo 537 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ESTABLISHING TIME LIMITATIONS FOR THE RANCHO REDEVELOPMENT PROJECT AREA OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, PURSUANT TO THE PROVISIONS OF CALIFORNIA HEALTH AND SAFETY CODE SECTION 33333.6. A. Recitals. (i) Health and Safety Code Section 33333.6 requires this Council to establish by ordinance time limitations applicable to the constituent portions of the Rancho Redevelopment Project of Rancho Cucamonga Redevelopment Agency ("Agency" hereafter). (ii) The time limitations referred to in Recital (i), above, include a time limitation on Agency's establishment of loans, advances and indebtedness pursuant to Health and Safety Code subsections 33333.2(a)(2) or 33333.4(a)(2), which cannot exceed twenty (20) years from the adoption of the subject redevelopment plan or January 1, 2004, whichever is later. Said time limitation does not prevent Agency from incurring certain prescribed debts related to low and moderate income housing. (iii) The time limitations referred to in Recital (i), above, include a time limitation on the effectiveness of a redevelopment plan which cannot exceed forty (40) years from the adoption of the plan or January 1, 2009, whichever is later. (iv) The time limitations referred to in Recital (i), above, include, with some stated exceptions, a limitation on Agency paying indebtedness or receiving property taxes pursuant to California Health and Safety Code Section 33670 so that the same may not occur after ten (10) years from the termination of the effectiveness of the subject redevelopment plan. (v) This Agency's Rancho Redevelopment Project as presently constituted was established by Ordinance No. 166, adopted December 23, 1981. (vi) The purpose of this Ordinance is to establish the time limitations specified in Health and Safety Code Section 33333.6 for Agency's Rancho Redevelopment Project Area. B. Ordinance. NOW, THEREFORE, the Council of the City of Rancho Cucamonga hereby does ordain as follows: Section ~. It hereby is established that January 1, 2004 is the latest date upon which Agency may establish loans, advances and indebtedness for the Rancho Redevelopment Project Area. The time limitations confirmed in this Section 1 shall not prevent Agency from incurring debt to be paid from Agency's low and moderate income housing fund or establishing more debt in order to fulfill Agency's housing obligations under California Health and Safety Code Section 33413. Section ~. Pursuant to California Health and Safety Code subsection 33333.6(b), December 23, 2021 hereby is established as the date upon which the effectiveness of the Agency's Rancho Redevelopment Project Area shall be deemed to be terminated. Section ~. Pursuant to California Health and Safety Code subsection 33333.6(c), except as provided in California Health and Safety Code subsections 33333.6(g) and (h), December 23, 2031 hereby is established as the latest date on which Agency shall pay indebtedness related to its activities in or receive property taxes from its Rancho Redevelopment Project Area. Section ~. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published in the manner required by law. PASSED this day of , 1994. Mayor I, Debra Adams, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 1994, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of AYES: NOES: ABSENT: ABSTAINED: , 1994, by the following vote: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Rancho Cucamonga C\131\ORI]33333,6~RC 18.20 CITY OF RANCHO CUCANIONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 16. 1994 Mayor and Members of the City Council Jack Lain. AICP, City Manager Brad Buller, City Planner Dan Coleman, Principal Planner CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 94-05 - CITY OF KANCHO CUCAMONGA - A request to streamline the procedures for review of single family residences in hillside areas. RECOMMENDATION The Planning Commission and staff recommend approval. ANALYSIS The Hillside Development Ordinance was adopted in 1990 to govem development within those areas of the community def'med as hillside (i.e., 8 percent slope or greater). The proposed amendment would give approval authority to the City Planner for individual custom residences. Experience has shown that, in most cases, the lot has been rough graded and the major grading issues were already decided; therefore, it is not necessary for individual residences to go before the full Planning Commission. The guidelines and standards of the Hillside Development Ordinance are comprehensive enough to regulate the design of custom homes subject to Design Review' Committee and Grading Committee scrutiny. Respectfully submitted. City Planner BB:DC: mlg Attachments: Exhibit "A" - Planning Commission Staff Report dated October 12, 1994 Exhibit "B" - Draft Planning Commission Minutes dated October 12, 1994 Exhibit "C" - Resolution No. 94-79 Recommending Approval Exhibit "D" - Ordinance DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT October 12, 1994 Chairman and Members of the Planning Commission Brad Buller, City Planner Dan Coleman, Principal Planner DEVELOPMENT CODE AMENDMENT 94-05 - CITY OF RANCHO CUCAMONGA - A request to amend the procedures for review of single family residences in hillside areas· BACKGROUND: On September 14, 1994 the Planning Commission stated that individual custom residences in the hillside area should not require review by the Planning Con~nission. The Commission felt that review by the Design Review Committee and approval by the City Planner would be more appropriate. ANALYSIS: The Hillside Development Ordinance was adopted in 1990 to govern development within those areas of the community defined as hillside (i.e., 8 percent slope or greater). The Ordinance currently requires review and approval by the Planning Commission when one or more of the following conditions exist: Natural slopes equal to or greater than 15 percent on all or part of a subject site. For fills or excavations equal to or exceeding 5 feet in vertical depth at their deepest point measured from the natural ground surface. For excavations or fills, or any combination thereof, equal to or exceeding 1,500 cubic yards. Any excavation or fill which will encroach onto or alter a natural drainage channel or watercourse. (Should be prohibited unless alternate drainage is provided). Any other proposal referred to the Planning Commission by the Grading Committee or City Planner. The proposed amendment would give approval authority to the City Planner. This action would be consistent with the recently adopted streamlining amendments. Since adoption of the Hillside Development Ordinance, many custom homes have been processed through the Planning Commission. Based upon the experience gained, staff would agree with the Planning Commission's comments that it is not necessary for individual residences to go before the full Planning Commission. In most cases, the lots were previously rough graded and the major grading issues were already decided. The guidelines and standards PLANNING COMMISSION STAFF REPORT DCA 94-05 - CITY OF RANCHO CUCAMONGA October 12, 1994 Page 2 of the Hillside Development Ordinance are comprehensive enough to regulate the design of custom homes subject to Design Review Con~nittee and Grading Con~nittee scrutiny. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the amendment to the City Council through adoption of the attached Resolution of approval. Respectfully submitted, City Planner BB:DC:mlg Attachments: Resolution of Approval for DCA 94-05 Draft Ordinance DRAFT FOR DISCUSSION PUrPoSEs CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting October 12, 1994 Chairman Barker called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:00 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman Barker then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: David Barker, Heinz Lumpp, Larry McNiel, John Melcher, Peter Tolstoy ABSENT: None STAFF PRESENT: Brad Bullet, City Planner; Dan Coleman, Principal Planner; Nancy Fong, Senior Planner; Ralph Hanson, Deputy City Attorney; Larry Henderson. Principal Planner; Dan James, Senior Civil Engineer; Maria Perez, Assistant Engineer: Gall Sanchez, Planning Commission Secretary ANNOUNCEMENTS There were no announcements at this time. APPROVAL OF MINUTES Motion: Moved by McNiel, seconded by Lumpp, carried 5-0, to approve the minutes of the Adjourned Meeting of July 13, 1994, as amended. Motion: Moved by Eelchef, seconded by Lumpp, carried 3-0-0-2 with McNiel and Tolstoy abstaining, to approve the minutes of the Adjourned Meeting of September 14, 1994, as amended. Motion: Moved by Eelchef, seconded by Lumpp, carried 3-0-0-2 with McNiel and Tolstoy abstaining, to approve the minutes of the Adjourned Meeting of September 14, 1994. PUBLIC HEARINGS DEVELOPMENT CODE AMENDMENT 94-05 - CITY OF RANCHO CUCAMONGA - A request to amend the procedures for review of single family residences in hillside areas. #l DRAFT r'-~' ~- D~CI mSSlOl'.,l PtJ~c, sr-.s 0:~I Y' Dan Coleman, Principal Planner, presented the staff report. Commissioner Melcher observed that if an individual wishes to build a single family custom home on a lot up to 7.99 percent slope in the City, the review is by counter staff. He noted that if the slope is 8 percent or greater, the applicant must go through a more extensive process and he felt there is a temptation to tinker with the design of the house on the part of the various review bodies. He favored allowing such projects to be approved by the Grading Committee and then receiving counter approval like any other single family house or going through City Planner review. He did not think they should have to go through Design Review. Commissioner Tolstoy felt that in the past changes had to be made where houses did not fit into the required envelope. Me favored having the applications go through the Design Review Committee with final approval granted by the City Planner. Mr. Coleman said the ordinance currently only requires Grading Committee Review but it has been staff's policy since the inception of the ordinance to run all single family homes in the hillside area through the Design Review Committee. He noted staff had suggested verbiage to codify that practice. Commissioner McNiel stated the Commission has been moving in the direction of delegating more items to staff, but he said he was hesitant to do so with hillside homes because most of the homes in these circumstances are large. He was hesitant to drop them from the Design Review process. Chairman Barker asked for clarification that single family houses in the hillside area have been reviewed by the Commission even if there were no problems. Mr. Coleman responded affirmatively. Commissioner Lumpp stated that ~e is in favor of streamlining the process but said he had supported City Planner approval of such projects because Design Review would be looking at them to provide a second look beyond the counter staff. He said he would be reluctant to take such projects away from the Design Review Committee. Commissioner Melcher felt that creates a double standard because it allows someone with a lot of less than 8 percent slope to build anywhere else in the City without submitting to the Design Review Committee. He did not think that the Design Review Committee is any more competent than the Grading Review Committee to assess whether such projects fit the Hillside Ordinance in terms of the grading. Commissioner Tolstoy noted that often there is a way to have a house conform to the Hillside Ordinance with the use of retaining walls or other adjustments in the method of grading. He felt review by the Design Review Committee is beneficial to the applicant, in that he thought the Commissioners and staff have been able to give assistance in solving problems. He thought the Planning Commission Minutes -2- October 12, 1994 DRAFT FOR DISCUSSION PURPC~F_.~ P,. · ,., exchange between the Commissioners, staff, and the applicant has at times brought out innovative ways co bring the house into compliance. Commissioner Lumpp felt that Commissioner Melther is more than qualified to review houses in the hillside area. He felt he also had some expertise in dealing with houses in hillside areas and noted chat even those Commissioners not on the Design Review Committee receive copies of the submittal and have an opportunity co review them. He did not think it creates a double standard. He suggested the ordinance could be changed later if the Commission felt there was no reason to review the houses· Commissioner McNiel asked if there is a significant difference Ln the size of the parcels with over 8 percent grade as opposed to Chose which are under 8 percent. Mr. Coleman replied that there is and the lots which are 8 percent are higher are generally a minimum half acre. Commissioner McNiel felt that is reasonable criteria because of the potential size of the house. Commissioner Melther felt it may be more fair to base the standard on lot size instead of slope so that everyone in that lot size would be subject to the same criteria. Commissioner McNiel supported staff's proposed language. Chairman Barker stated he would like to be sure the process is not delayed. Commissioner Melcher suggested that staff be given the authority to approve such projects but make the applicant aware at the outset that staff may, at its discretion, refer the project to Design Review. Chairman Barker supported Commissioner Melcher's suggestion. He opened the public hearing. There was no public testimony, and Chairman Barker closed the hearing. Brad Bullet, City Planner, suggested that if the Commission decided that the City Planner could approve such projects unless there are issues which do not adequately address the intent of the ordinance, then the reference to Design Review could be deleted from the first paragraph and the language could be kept as is. Mr. Coleman suggested adding wording that any proposal could be referred to the Design Review Committee by the Grading Committee or City Planner. Commissioner McNiel feared the intent may not be known by future staff and only the ordinance is in place. He thought the Design Review Committee has more latitude than staff to make suggestions and the Committee's suggestions carry more weight. Me was not comfortable with giving up that leverage. Planning Commission Minutes -3- October 12, 1994 DRAFT FOR DiSCUSS!ON PURPOSE,2 .C",~ Chairman Barker hated to slow down the process when there are no problems or concerns. Commissioner McNiel commented that developments on the hillsides have always been a source of problems because the vast majority of applicants want to severely grade the lot and build a large home. Me said there have problems even with the existence of the ordinance. Commissioner Lumpp felt all projects should go to Design Review. Motion:: Moved by McNiel, seconded by Tolstoy, to adopt the resolution recommending approval of Development Code Amendment 94-05 as written. Motion carried by the following vote: AYES: NOES: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: BARKER, LUMPP, MCNIEL, TOLSTOY MELCHER NONE -carried Commissioner Melcher stated he voted no because he did not believe the projects should be sent to the Design Review Committee. NE SINESS ~VELOPMENT REVIEW 94-11 - BERTINO - An appeal of the City anner's condit~ _as of approval requiring a 25-foot setback on dedicati0, -. of right-of-way for the entry monument, re of the driveway aC~, ss, and undergrounding of utilities se 'rig the site as related to a'.,0 square foot addition to an exist' automotive repair shop in the GeneS) Industrial District (Subarea 1 f the Industrial Area Specific Plan, lo~.d on the northwest corn of Vineyard Avenue and Eighth Street - APN: '-.~7-271-33. Commissioner h he ther properties along 8th Street because of the na]';w depth of the lots. He asked if other parcels along 8th Street have a 2 !etback. Brad Bullet, City Planner, ed the stai.', rds call for a minimum of 25 feet and an average of 35 feet landscaping alO ~ the boulevard but the projects immediately to the west granted a variance_ ~o allow a 25-foot setback. Commissioner Lump] if the addition has alreau..been built. Ms. Perez res ed affirmatively. er replied it is from the ultimate face of curb. Planning Commission Minutes -4- October 12, 1994 76 RESOLUTION NO. 94-79 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT 94-05 AMENDING CHAPTER 17.24, HILLSIDE DEVELOPMENT REGULATIONS, OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has filed an application for Development Code Amendment No. 94-05, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 12th day of October 1994, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on October 12, 1994, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That this amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and b. That the proposed amendment is consistent with the objecnives of the Development Code; and PLANNING COnMISSION RESOLUTION NO. DCA 94-05 - CITY OF RANCHO CUCAMONGA October 12, 1994 Page 2 94-'9 c. That the proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. That the proposed amendment will not be detrimental to the objectives of the General Plan or the Development Code. 4. This Commission hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence, it can be seen with certainty that there is no possibility that the proposed amendment will have a significant effect on the environment and, therefore, the proposed amendment is exempt pursuant to State CEQA Guidelines, Section 15061 (b)(3). 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby resolves as follows: a. That the Planning Commission of the City of Rancho Cucamonga hereby recommends approval of Development Code Amendment 94-05 to modify the Municipal Code per the attached Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF OCTOBER 1994. PLANNI I~IN O ~n~ CITY ~F NCHO CUCAMONGA BY: ,~ - rker, Ch ATTEST: I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of OctoDer 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, TOLSTOY NOES: COMMISSIONERS: MELCHER ABSENT: COMMISSIONERS: NONE ORDINANCE N0. j~ ~ AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING DEVELOPMENT CODE AMENDMENT NO. 94-05, AMENDING THE DEVELOPMENT CODE, CHAPTER 17.24, HILLSIDE DEVELOPMENT REGULATIONS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The purpose and intent of this Ordinance is to streamline the review process for individual single family residences in hillside areas. This Council hereby finds and declares its intent: a. To simplify the review process without compromising the quality of development. b. To create greater efficiency in the process to allow the Planning Commission to focus on broader policy issues. c. To maintain a process that is timely, fair, and thorough. 2. On October 12, 1994, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the above referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. , recommending that the City Council of the City of Rancho Cucamonga adopt these amendments. 3. On November 16, 1994, the Council conducted and concluded a duly noticed public hearing concerning the subject amendments to the Development Code. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2. The City Council of the City of Rancho Cucamonga hereby finds that this amendment is established and adopted to protect and promote public health, safety, morals, comfort, convenience, welfare, and more particularly; 1. To implement the goals and objectives of the General Plan and to guide and manage the future growth of the City in accordance with such plan; CiTY COU'NCiL ORDiNaNCE NO. DCA 94-05 CITY OF RANCHO CUCAMONGA November 16, 1994 Page 2 2. To protect the physical, social, and economic stability of commercial, office, and other land uses within the City to assure its orderly and beneficial development; 3. To reduce hazards to the public resulting from the inappropriate location, use, or design of buildings, and other improvements; and 4. To attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning. SECTION 3. The City Council of the City of Rancho Cucamonga hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that, based upon substantial evidence, it can be seen with certainty that there is not a possibility that the proposed Ordinance will have a significant effect on the environment and therefore, the proposed Ordinance is exempt pursuant to State CEQA Guidelines Section 15061 (b) (3). SECTION 4. Section 17.24.020 is hereby amended to read as follows: Section 17.2~.020 All projects within a hillside area (8 percent slope or greater), including but not limited to, parcel maps, tentative tract maps, and site plans for development review, as well as General Plan and Development District Amendments, shall be subject to Grading Committee and Desi~m Review review with approval by the City Planner, or Planning Commission in accordance with the provisions contained in Sections 17.06.010 and 19.04.060. Additionally, review by the Grading Committee and Design Revit~C~t~4ttee with approval by the City Planner or Planning Commission will also be required for other types of development or grading which meet the criteria specified in Sections 17.24.020A, B, and C. City Planner Review. The City Planner shall review all site development applications and shall impose conditions deemed appropriate when one or more of the following activities are proposed. Natural slopes which are 8 percent or greater but less than 15 percent on all or part of a subject site, or on less steep land which may be affected by areas of greater slope (e.g., flat parcel between or adjacent to steep hillside). For fills or excavations equal to or exceeding 3 feet but less than 5 feet in vertical depth, at their deepest point measured from the natural ground surface. CiTY COb~CiL ORDINANCE NO. DCA 94-05 CITY OF RANCHO CUCAMONGA November 16, 1994 Page 3 C o For excavations or fills, or any combination thereof, equal to or exceeding 100 cubic yards, but less than 1,500 cubic yards. Residential construction involving four or less dwelling units, such as custom homes, regardless of natural slope or the ~m~t of fill or excavation. Planning Commission Review. The Planning Commission shall review site development applications and impose conditions deemed appropriate when one or more of the following activities are proposed: Natural slopes equal to or greater than 15 percent on all or part of a subject site. For fills or excavations equal to or exceeding 5 feet in vertical depth at their deepest point measured from the natural ground surface. For excavations or fills, or any combination thereof, equal to or exceeding 1,500 cubic yards. Any excavation or fill which will encroach onto or alter a natural drainage channel or watercourse. (Should be prohibited unless alternate drainage is provided). Any other proposal referred to the Planning Commission by the Grading Committee or City Planner. Exceptions. Projects which are limited in scope (e.g., regarding of yard areas, pool/spa construction, additions to existing structures and/or construction of accessory structures which are less than 250 square feet) may be deferred to staff level review and approval by the City Planner. However, projects which require grading of large flat areas, including, but not limited to, such items as tennis courts or riding rings, shall be reviewed by the City Planner or may be referred to the Planning Commission if determined necessary by the City Planner. Interpretation of Standards. If ambiguity arises concerning interpretation of the provisions contained in Sections 17.24.010 through 17.24.090, the City Planner shall review to determine compliance with the provisions contained within the section or he may refer the matter to the Planning Commission for consideration. 81 CiTY COU~'CiL ORDiNkNCE NO. DCA 94-05 - CITY OF RANCHO CUCAMONGA November 16, 1994 Page 4 SECTION 5. PUBLICATION - The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. FROM: SUBJECT: CITY OF RANCHO CUCAMONGA Novembcr 16, 1994 STAFF REPORT Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager DISCUSSION OF OPTIONS RELATING TO AN ORDINANCE TO PREVENT CONVENIENCE STORE ROBBERIES The idea of looking at an ordinance to prevent convenience store robberies was initiated by the City Council as a result of information presented during Crime Prevention Through Environmental Design (CPTED) training. In this training session, the convenience store ordinance passed by Gainesville, Florida was used as an example. This ordinance was presented to the City Council in July and staff was directed at that time to work with the Chamber of Commerce, store owners and representatives to get their comments and feedback on the provisions of the ordinance. The Planning Division initiated a 90 day period of public workshops and Planning Commission hearings to consider the proposed ordinance. At these workshops and hearings, participants were concerned with the possibility of a mandatory ordinance. The participants were concerned that there was not an acute crime problem associated with convenience stores and any added costs associated with an ordinance would not be justified. Also, some participants stated that the additional costs associated with additional clerks and security equipment would be burdensome to store owners. These comments can be seen in the attachments to this report. The general feelings of the convenience store owners and other business representatives was that this ordinance, if adopted, should not be mandatory and should be a voluntary program with the City providing recommended guidelines. With these comments as a background, staff has re-contacted the City of Gainesville to see how their convenience store crimes have been affected by the ordinance. Also, staff has compiled our convenience store robbery statistics since 1990. Gainesville is a city with a population of 85,000. Since the ordinance was adopted in 1986, Gainesville has experienced a 79% decrease in convenience store robberies from 61 in 1986 to 13 in 1993. During this same period, the number of convenience stores in Gainesville increased by 5 from 42 to 47. In Rancho Cucamonga the convenience store picture is a little different. We currently have 29 convenience stores of which 19 have been robbed since 1990. Since 1990, there have been 68 convenience store robberies. During CITY COUNCIL MEETLNG OPTIONS FOR PREVENTING CONVENIENCE STORE ROBBERIES November 16, 1994 Page 2 this same time period, convenience store robberies comprised approximately 7% to 8% of all robberies in the city. Convenience Store Robberies 20- 18 15 15- 12 13 10 10- ..... 0 I 1990 1991 1992 1993 1994 * Note.' 1994 figures are not for full year but are year to date as of 10/31/94. The convenience store ordinance in Gainesvi!le has definitely had an impact on convenience store robberies in that community. While Rancho Cucamonga has not had the same problems with convenience store robberies, the City Council has expressed interest in preventing crime rather than reacting to crime. Below are the key provisions of the convenience store ordinance. Removal of signs posted in windows to provide a clear and unobstructed view of the cash register and sales area; Locate sales area so that the clerk and customer arc clearly visible from the street; 3. Post a conspicuous sign in the window which states: a) b) c) the cash register has $50 or less, employee has access to $50 or less, and a drop-safe or time release safe is maintained in the store; Parking lots arc to be lit at an intensity of 2-foot candles per square foot. with a uniformity ratio of no more than 5:1; Install a security camera of a type and number approved by the city; Provide mandatory robbery prevention training to all employees who work between the hours of 7 PM and 5 AM; Require two employees be on duty between the hours of 8 PM and 4 A M. CITY COUNCIL MEETING OPTIONS FOR PREVENTING CONVENIENCE STORE ROBBERIES November 16, 1994 Page 3 After reviewing these provisions and the testimony given by the Chamber of Commerce and convenience store owners and representatives, the City Council may wish to include all or some of these provisions in an ordinance or may wish to table the whole idea. The City Council may wish to make a mandatory or a voluntary program. Along these lines, representatives of the California Grocers Association and the Southland Corporation (7-11) have indicated their willingness to assist in developing voluntary training programs for convenience stores. These groups have indicated that they want to prevent robberies as much as the City and want to find a fair and reasonable approach to this problem. If the City Council feels that this type of ordinance should be pursued, staff will follow your direction and return with an ordinance incorporating the provisions that you have indicated. If it is the preference of the Council to develop guidelines and voluntary training programs, we will work with the convenience store industry and the Police Department on developing an appropriate program. Respectfully Submitted, ~'u~an~Baker Assistant to the City Manager /dab Attachments: Exhibit "A" - Draft Planning Commission Minutes of September 14, 1994 Exhibit "B" Planning Commission Staff Report of September 14, 1994 DIRECTOR'S REPORTS F. CONVENIENCE FOOD STORE REGULATIONS ORDINANCE - CITY OF RANCHO CUCAMONGA - Review of proposed ordinance. Larry Henderson, Principal Planner, presented the staff report. He stated that the definition of a convenlence store would be expanded to indicate that it would not exceed 7,500 square feet. Commissioner Melcher statistics. asked for elaboration on the Police Department Mr. Henderson responded that the Police Department provided an analysis of the number of occurrences over the last four years, and the number has dropped. Commissioner Melcher asked if statistics had been prepared to support the statement in the proposed ordinance that the number of homicides and robberies at convenience stores exceed the number of such incidents at other establishments between the hours of 8 p.m. and 4 a.m. Mr. Henderson replied that is typical nationally. He said the Rancho Cucamonga Police Department had not supplied those statistics and had indicated they did not anticipate that it would be that significantly different from other businesses in the community. Commissioner Melcher asked if there was an incident or series of incidents which prompted the City Council to request that an ordinance be prepared. Brad Bullet, City Planner, said the request was in response to the Crime Prevention Through Environmental Design (CPTED) training which the City Council artended. He stated that during that training the Gainsville, Florida ordinance was mentioned and the Mayor requested that staff look at it further for a possible Rancho Cucamonga City ordinance. He remarked it was felt that it would be better to be pro-active instead of being reactire. He said it was felt that convenience stores are more subject to robberies and the City could possibly address those issues in a pro-active manner. Commissioner Melcher suggested that a voluntary program be tried to see if it works. Chairman Barker noted that the letter from the California Grocers Association (CGA) advocates a voluntary program. Commissioner Lumpp asked if the two-person concept came from the Gainsville ordinance. Mr. Henderson replied that it did. Commissioner Lumpp asked if staff had contacted Gainsville to see how it is working. Mr. Henderson responded that the City had not contacted Gainsville, but the Planning Commission Minutes -11- September 14, 1994 C R,'X FT 1 pUR.o SE5 C'~':LY Chamber of Commerce indicated they had contacted Gainsville. Mr. Buller said that they were informed there was a reduction in crime but also in the number of convenience stores, particularly the Mom-and-Pop stores. He said many of the smaller stores moved out of the area. Commissioner Lumpp asked if the ordinance would become effective immediately upon adoption. Mr. Bullet replied that the ordinance is elmply a draft ordinance as the City Council had asked that staff prepare a draft ordinance based on the Gainsville ordinance with community input. He said, as drafted, the effective date would be immediately; however, it could be modified so that existing businesses could be grandfathered with compliance to be achieved within a period of time--i.e., one year, two years, five years. He also said the City Attorney had suggested we f~rther clarify the definition of a convenience store and perhaps square footage should be considered. He said staff then researched it and found that 7,500 square feet would include most convenience stores but not grocery stores or large markets. Ralph Hanson, Deputy City Attorney, stated that the ordinance as presently drafted is not a zoning ordinance and would be a presently effective business regulation unless revised. Chairman Barker invited public comment. Gary Christian, president of Rancho Cucamonga Chamber of Commerce, 8280 Utica Avenue, Suite 160, Rancho Cucamonga, noted that in their conversations with Gainsville they were informed that although crime went down in convenience stores, residential burglaries increased and he felt the issue of shifting of crime should be considered. He agreed the proposed ordinance includes some good ideas and businesses should be encouraged to implement them, as they are by Southland Corporation and the CGA. He observed that the CGA letter cited three studies indicating that one clerk vs. two clerks is not statistically significant in reducing crime and that crime in convenience stores is being reduced nationally. He noted that Money Magazine had recently stated that Rancho Cucamonga is the llth safest City with populations over 100,000 in the United States. He said business people already take steps to protect themselves and their employees and customers. He also felt it would be difficult to enforce such an ordinance. He said the Police Department had remarked that it goes out and discusses crime prevention measures whenever requested to do so by the business owner. He thought it would not be reasonable to have the Police Department checking to make sure that businesses have two employees and not more than $50 in the register. He offered the services of the Chamber of Commerce to do whatever they can to help the convenience stores but he felt there is not a problem. Me provided a copy of Police Department summary of convenience store statistics, which indicated that larceny and violent crimes at convenience stores had generally decreased over the last four years. He noted that a few stores still could use some help. Commissioner Lumpp asked if the Chamber of Commerce was recommending that an Planning Commission Minutes -12- September 14, 1994 FOR D:~CU<2S~ON FURFCSES ONLY ordinance not be adopted. Mr. Christian replied that an ordinance encouraging steps may be acceptable but he indicated likely opposition to an ordinance mandating steps. Commissioner Melcher noted that some of the requirements in the ordinance deal with CPTED issues, primarily visibility into the store, of the cashier, and customer, etc. He asked if the Chamber objected to those issues, or only requiring more employees and security cameras. Mr. Christian replied that was correct. He noted that the Sign Ordinance deals with the issue of signs blocking visibility into the store but he noted it does not cover the issue of stacked boxes blocking that visibility. He felt that boxes should not block visibility from the standpoint of good business sense. Me agreed it does help to have good visibility into the store. Commissioner Melcher thought that such provisions would not significantly impact business and do make sense. Me felt some of the other provisions do not seem appropriate for the community. Mr. Christian asked if the next step would be to require that every automobile in the City have a club and all residences have a guard dog. He said he understood that the government wants to protect its citizens, but he thought there is currently not a problem and the measures go too far. He thought the Police Department should be commended for the job they do. Commissioner Lumpp felt that Rancho Cucamonga is a safe City because the City Council and the Planning Commission have not developed programs in a reactionary mode, but rather in a positive, pro-active sense. Me thought this ordinance was an attempt to be pro-active. Me supported the idea but did not think all of the provisions apply. He thought that adding an additional clerk would not stop a robbery. He questioned if convenience stores could not have a panic button which connects to the Police Department in lieu of two people or a security camera. Mr. Christian said that may lead to false alarms. Art Perez, Loss Prevention Manager for Southland Corporation, 120 South State College Boulevard, Brea, indicated he has approximately 22 years experience in law enforcement and retail. He provided a copy of materials they use in the Robbery/Violence Prevention training. He offered his services to assist in helping draft an ordinance. He said the latest FBI report has shown a double- digit drop in robberies in the convenience industry while fast food businesses and banks are showing an increase. He stated that Southland utilizes two clerks where it is economically feasible and they are trying to install a camera system in each of their 1,200 stores as time goes by. Me observed their camera system utilizes a color monitor on which patrons can see themselves. He reported when they installed such equipment, crime took a 70 percent drop, but he noted it is a very expensive system. Me said they also have a hold up button which is tied to a security company which dispatches the Police. Because 7-11 stores are already slated to get such equipment, he felt Planning Commission Minutes -13- '-'.'-~ "':C'jj~fCr4 i:LS.RFC~E:3 ONLY September 14, 1994 the ordinance would probably not cause a severe impact on those stores; however, he felt it could be too large of a burden on the small independent stores. Me said there are other ~hings which can be done such as training and providing clear visibility into the store with reduced signage and low aisles. He said he is currently working with several police departments to help them establish programs. He saLd they also offer their services to other companies. Commissioner Lumpp asked how they feel about the panic button. Mr. Perez replied they are comfortable with the buttons but they educate their people not to push the button until after the robbery has occurred. He said they try to prevent robberies but if one occurs, they want the person out as soon as possible. Chairman Barker observed that there are no or minimal costs associated with some of the ideas while others are cost items--such as two persons, drop or time-release safes, and security cameras. He felt that it is illogical for a store to block visibility with window signs or stacks or boxes. Commissioner Melcher noted such cluttering signs are more commonly found on small independent stores. Chairman Barker commented that 7-11 already has a major crime prevention program. Me said small independent stores do not have such a program and may put themselves at risk by trying to cram in extra advertising or extra storage space. He thought that is not a cost item but he questioned how far the City wants to go in regulating them. He was not comfortable with mandating a policy that only $50 be available at one time because of enforcement problems. He felt the City should try to help prevent occurrences rather than being reactire. Commissioner Lumpp felt that additional lighting could potentially be a cost item as well. Chairman Barker noted there are current regulations regarding lighting. asked if that provision would mean additional costs for businesses. He Mr. Bullet replied that it might entail additional costs for those locations which were developed under the County standards prior to City incorporation. He thought the Planning Commission may wish to recommend that the more costly items be phased in. He said the ordinance could perhaps cover those items which are no or low cost and the City could conduct workshops and assist in training in crime prevention. He noted that Southland Corporation has offered their assistance and the Police Department has offered to meet with the businesses independently to go over crLme prevention ideas. Commissioner Lumpp asked if the Police Department supports the proposed ordinance. Mr. Bullet replied that the Police Department was at the workshop to assist and provided some of the data. He said they are supportive of any City Planning Commission Minutes -14- September 14, 1994 FCR ~'ISC'jGS.C,~i :~U2~CGE,~ Council direction to reduce crime but they have not taken a position of recommending for or against any of the specific elements of this ordinance. Chairman Barker felt lighting should be improved to current standards, even if there are costs involved, as he thought that is a cost of doing business. He thought lighting by itself is a deterrent and lighting should be improved immediately where necessary. He felt securlty cameras are becoming increasingly reasonable and perhaps they should be strongly recommended rather than a requirement. He thought some of the items could be strongly recommended while others could be phased in. He felt it makes good business sense for small independent stores to not have more than $50 cash available but he questioned if the City could legally mandate that no more than $50 be available. Ralph Hanson, Deputy City Attorney, suggested it could be a business license regulation, but enforcement would be unfeasible. Mr. Bullet observed that comments were made at the workshop that it would take an enormous amount of staff time and resources to enforce every aspect of the ordinance. He said some community representatives asked who would pay associated costs and the City Council should address that issue. Commissioner Melcher stated he would like to see requirements for two people and the security camera changed to recommendations. Chairman Barker felt the City could make a suggestion that no more than $50 in cash be available and that a sign to that effect be posted, but he felt it would be too difficult to enforce. He questioned if the City can require a drop-safe or time-release safe. Commissioner Melcher felt that lighting should be upgraded where needed immediately. He noted that the proposed ordinance requires employee training in a course given by the Police Department or certified by the City and he asked if any courses have been certified. Mr. Bullet replied none are presently certified but staff felt that courses such as Southland's training would probably be acceptable. Commissioner Melcher felt uncomfortable with requiring people to take a City program and then charging for the program. He wanted to be sure there is an alternative available. Me did not want to give the appearance of the City setting up a monopoly. Mr. Bullet said staff's intent was that employees working during evening hours receive some training. He was aware that Southland Corporation offers courses and said staff could work on how to certify such courses. Chairman Barker agreed the City should not be the only prorider. Commissioner Lumpp recommended that the requirements for two people, a security camera, drop-safe or time-release safe, limitation to $50 cash, and training be eliminated. Planning Commission Minutes -15- September 14, 1994 Chairman Barker asked if the requirement to post a sign in the window stating that no more than $50 cash is available zo employees should be removed because it may be requiring store owners to lie. Commissioner Lumpp felt that some of the ideas are good but would be too tough to enforce. Chairman Barker suggested that those items be recommendations but not requirements. Planning Commission Minutes -16- September 14, 1994 91 DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA September 14, 1994 Chairman and Members of the Planning Commission Brad Bullet, City Planner Larry J. Henderson, AICP, Principal Planner CONVENIENCE FOOD STORE REGULATIONS ORDINANCE - CITY OF RANCHO CUCAMONGA - Review of proposed ordinance. STAFF REPORT BACKGROUND: This report is an update on the progress and schedule for the Council-requested Convenience Food Store Ordinance based on Crime Prevention Through Environmental Design (CPTED) concepts. Staff is seeking the Planning Commission's input on the draft Ordinance and the points raised at the August 23, 1994, City/Chamber workshop which are highlighted below. At the City Council meeting on July 6, 1994, the City Council requested that within 90 days, City staff work with the Chamber of Con~nerce and the Planning Commission on developing an ordinance based upon CPTED principals and patterned after the Gainsville, Florida Ordinance. A copy of the schedule, summary of the ordinance provisions, and the draft ordinance are provided for reference. A City/Chamber of Commerce Community Workshop to discuss the draft ordinance was held on Tuesday, August 23, 1994, at 3:30 p.m. in the Tri-Communities Room of the Civic Center. All the affected stores and their owners were notified, as well as the California Grocers Association (CGA). The highlights were as follows: Approximately 4 of the 23 convenience store owners artended along with representatives from Southland Corporation and the CGA and three board members from the Chamber of Co~erce. A majority of the attendees indicated that they felt a mandatory program would place unfunded mandates on the owners and lead to some businesses failing. Costs quoted included $25,000 per year in payroll costs to require a second employee after 8 p.m. and $5,000 to $7,000 for black and white camcorder equipment. Concerns were also raised with who would handle enforcement; what level of enforcement would be taken; and what, if any, penalties there would be. Some concerns were expressed over the costs for the enforcement program. 4. Some pointed out that Police Department figures currently indicate that there is no acute problem with convenience stores at this time. PLANNING COMMISSION STAFF REPORT FOOD CONV. STORE ORDINANCE - CITY OF R.C. September 14, 1994 Page 2 The CGA recommended a voluntary outreach and education program be consldered instead of an ordinance. A copy of the CGA correspondence ~s attached for reference. The Chamber of Commerce indicated their willingness to assist in a voluntary outreach and education program. Staff indicated that the PlannXng Commission would review the Ordinance in at their meeting on September 14, 1994. It was also noted that staff has tentatively set October 5, 1994, for City Council to hear the matter. Staff requests that the Planning Con~nission receive testimony from all ~nterested persons, discuss the issues relative to the proposed ordinance, and forward any comments or recommendatlons to the City Council. Res~Respectf ly submitted, BB:LJH/jfs Attachments: Exhibit "A" - Schedule Exhibit "B" - Letter and Attachments dated August 22, 1994 from the California Grocers Association Exhibit "C" - Revised Draft Ordinance CPTED CONVIENCE STORE ORDINANCE SCHEDULE 7/3- 7110- 7/17- 7/24- 7/31- 8/7- 7/9 7/16 7123 7/30 8/6 8/13 7/6 CC REQUE- ST (90 DAYS) 8/14- 8/21- 8/28- 9/4- 9/11- 9/1 8/20 8/27 9/3 9/10 9/17 9/ 8/8 FOLLOW UP INTER. DEPT. MTG. 7/19 MTG. NOTI - FIC. SENT TO DEPT. S CON- TENT 7/25 8/3 8/10 8/4 PRELIM FINAL DRAFT STAFF STAFF SCNED. ORDIN. MTG. MTG.RE APPROV DISTR- W/ SCNED. & BUTE CHAM- & ROUTED TO BER BER 8/23 9/14 COMMU- PC MTG NITY WORK- SHOP 8/15 9/15 PC AGENDA CC MTG SET ] NOTIF. DEADLINE 8- 9/25- 10/2- 24 10/1 10/8 lo/~ CC MTC 1ST RD SCHEDULE NOTES: Schedule reflects optimum number of days. As can be seen the PC mtg. is set before Community workshop is even held. Likewise the PC Mtg. is at the same time as the CC advertising deadline. This schedule is very optimistic and may need to change. It assumes we will present an Ordinance for both Commission and Council action on 9/14 and 10/5. If this schedule can not be met, will, at a minimum, tentatively schedule a City Council stausd report for the October 5th meeting. City of Rancho Cucamonga CONVENIENCE FOOD STORES SECURITY ,MEASURES ORDINANCE (CFSSMO) PURPOSE: TO MINMIZE OR ELIMINATE A SIGNIFICANT NUMBER OF POTENTIAL INCIDENTS OF HOMICIDE AND/OR ROBBERY AT CONVENIENCE FOOD STORES. SU.'~MARY OF ORDLN'ANC'E REGUI-ATIONS: 1. TWO EMPLOYEES BETWEEN 8 PM AND 4 AM. 2, WINDOWS ARE TO BE IF_!~ 0-F--M~ AND UNOBSTRUCrED, IN ORDER TO PROVIDE A VIEW OF THE CASH REGISTER AND SALES AREA F'ROM THE STREET AND/OR PUBLIC PARKING AREA, 3. SAI-F-S AREA TO BE LOCATED SO THAT THE Cl-!::RK AND CUSTOMER ARE FULLY VISIBLE FORM THE STREET AND/OR PUBLIC PARKING AREA AT THE TIME OF SALES TRANSACTION. 4. POST A CONSPICIOUS SIGN WHICH STATES $50.00 OR LESS IN REGISTER. 5. NO MORE THAN $50.00 CASH READILY AVAILABLE TO EMPLOYEES. 6. MAINTAIN A DROP-SAFE OR TIME RELEASE SAFE BOLTED OR INSTALLED IN THE FLOOR, OR WEIGHING AT LEAST 500 POUNDS. 7. CUSTOMER PARKING AREA MUST BE ILLUMINATED DURING ALL HOURS OF DARKNF.~. 8. PROVIDE SECURITY CAMCORDER AT AI .I, TIMES. 9. OWNER OR EMPLOYEES WORKING BETWEEN 7 PM AND 5 AM SHA[ .I. COMPLETE A COURSE IN ROBBERY PREVENTION THROUGH THE RANCHO CUCAMONGA POUCE DEPARTMFNT. California Grocers Association -27R,'~NC iH~ FGOr, :'~r.~,~-r'~y t~r; C..k.L.:I-~.~'NI'~ k.r..:.-~ :.5" .~ August 22. 1994 Mr. Dave Barker President. Plannmg Commission City of Ranebb Cucamonga 10500 Civic Center Rancho Cucamonga. CA 91730 VIA FAX Dear Commissioner Barker: This letter is in response to the proposed ordinance which would create Chapter 9.28 of the Ranebb Cucamonga Municipal Code regulating convenience stores. The California Grocers Association/California .Association of Neighborhood Stores. which represents more than 8,000 members including supermarket chain stores. mid-size independent grocers and small neighborhood stores. shares many of your concerns regarding convenience stores and the potenttal for their and robbery. In fact. we have always taken a pro-acti,.'e ,,lance on this issues and have instituted voluntary. programs such as our NeiGhborhood Outreach Program to foster communication and cooperation between retail grocers. local goverrunent. law enforcement and the com.munity. As you will note on the enclosed booklet. many of the suggestions encompassed in the proposed ordinance are addressed by this program. In fact. ~.e offer many more operational standards as ~,'ell as much needed guidelines for alcohol and tobacco sales. crime awareness. and commurUt~' involvement. We also provide an 800 number which serves as a clearmghous~ for both the stores and the community to help solve concerns before they become major problems. We hope that the City would chose to pamcipate m this program. Regarding the operational guideLioes outlined in the proposed ordina,ce. v.-e cannot support a requirement that stores hue additional staff nor can we support the mandatory install-',uon of security systems. Such requirements unduly penalize the neighborhood store by increasing the cost of doing business and therefore jeopardizing their ability to compete with other stores. Addiuonal personnel and expensive security systen'n will not deter a criminal from an already senseless act. / E ,, r The installation of vide{} cameras would require storc~ to purchase video cameras u.'~th an est~matetd cost of ~10.000 each. Additional c¢..st.s would include instaJAatmrk .."n, alntcnance. monthl,, ~ervzce fees and u~e trairung. Depending upon the size. some stores coul~ reqmre ~nultiple cameras. .4/1 this. when there is no evidence to show' tj~at video cameras are effective ~n deter~ng cnrrunal beha,dor much less held with criminal apprehension. While there is on. iv !irnited data on appredension. figures frorr, the Los Angeles Police Department show that less than half of the suspects captured i, L.A. bank robberies last year were apprehended through the use of surveillance cameras. In fact. despite the mandated use of cameras in banks. 264 suspects were never caught. Furthermo~'e. three studies comm.tssioned by the National Association of Convenience Stores found that 1) over 80,,c7'c of all U.S. convenience stores are robbery free and 2) that one clerk vs. two clerks was not statistically s~gnificant on robbery rate reduction. A.nd. in.t.'ormation re[eased by the Federal Bureau of Investigation (FBI) in late 1993 reported that con,,'e~ience stores had outpaced all other categories recorded in reducing the incidence of robbery (see attachment). We hope that you will share our thoughts w/th the Plarmi. ng Commission. Please don't hesitate to call me at 310/432-8610 if you have further questions or concerns. We stand ready to work with the city of Rancho Cucamonga to find a fair and reasonable approach to this difficult problem. Sincerely. CALIFORNIA GROCERS ASSOCIATION BETH BEEMAN Director of City/County Goverm'nental Relations Enclosures CO: City Council City Planner NEIGHBORHOOD OUTREACH PROGRAM OPERATIONAL POLICY As a member of the CaLifornia Associanon of Neighborhood Stores (CANS) and participant in the Neighborhood Outr~ach Program, the undersigned ag'r~s to strictly axeeat and take all masonable action n~essary to ensure complianc~ wiffi these standards. 1. T'ne Neighborhood Oum:ach Program memlxa- clr. cal must be placed on the front door in di=ct view of custornen entering the store. Every reasonable means must be used to eliminate wh~re nec~ loin=trig on store prolxn-W including parking lots to work with local law enforcement, includinglaosting "No Loitering' signs. Best efforts must be used to k~p al.l store property, parking lots and any adjacent property clean a~d fr~e of customexs' litmr. Parking lot must have adr. quat~ ligh~ng according to building cod~ replaced as needed. Train employees to pass Neighborhood Outroach Program pwviclcd or equivalent company provided test so they fttHy understand and can enforce state laws and regaladorn r~ga.-din g the sate of alcohol and tobacco. Stor~ must utilizz the in-stor~decs. lsl:n. ovidedby NeighborhoodOuu, each Pz'ognm (or equivalent company lm:wid~i ctecals) regarding alcohol and tobacco sales to minon. Employees will be trained in ~rne awa.~ness te, chniqucs and provid~ with the mamtiah r'-ecessary for crime awaz~ncss. SU*ictly prohibit the use or sale of Ulegal substances on store prope. z~ including parIcing lots. To cLiscouragc sates or naz=odcs on szore property and w~l be mpo~ t~l to authorities, All oreside pay telephones should be switched by rolephone company to accOrnrr~c~a~_, ou~oing calls only. No~ more than on third (1/3) of front windows can be covered with signage. W'mdows near s a 1= s counter and entrance doors must remain clear of signage. For s~cttrity purpose, s, a c lear view of the ston: should be visible from the su'eet and paddng lot. In order to improve community relations and the appeannce of your store, beer and tobacco product signs should not be over used, so that your customers and the community do not have the impreSSiOn that you a.~ only intn'~st~d in selling beer and tobacco Froducu. No neon signs advertisin gpro<tucts can be placed in windows o~ doors. Display all Fedenl, State, County and City signs thaz are required by law. They ate listed in the Program Signage Section of this manual. I0. 11. All banns hung outside the scot: should be rotated or changed and cle~cd r~commendadons arc as follows: Loue~ B~ners - change as necessazy Gr-~nd OpenLngs - change within 30 days New Management - change within 30 days McnrJ'dy Specials - cha, nge every 30 days Ptnna, n=s - change every 30 days and the Mainraln a close working reladonsMp with local law enforcement agencies and local coutrntmi ty orian/udons, FOR MORE INFORxMATION, CAI,L 1-800-794-3545 DEP.~,RTML',FT OF POLZC]E CiTY OF SACR-~IENTO C.u.J FO &'q rA R~ 4-20 ~t~ ~IXTH STrEeT ~.~CP, A.~tENTC. CA Chuck Beaver, D/honor Califorrda Grocers A.ss~c~ation 906 O Street., Suite 700 Sacr~,me:::o. CA 9~814 Dear ,Mr. Beaver, We have reviewed the materials a.uoc/ar~d with the United Neighborhood Outreach Program which/s being spousored by u~e California Assocation of Neighbortmod Stores. I am ve,,'y pleased m see the Assoc/ation initiating such a positive program aimed at reducing beth :he real and the perceived problem a-s,socmmd with convenenee s'torts. Implementing su:ps such as thc~ wtlined in ~e proFaro will not omy raprave the real ~g~r of ~e ~a: ~e~ employees ~ on a ~y ~ The Sacrmzento Police Department is Fle-a~d :o n.,pport ~ ping-am. and I hav~ a r~.vre~enrative present at your ,May 1st kick-ofl~ If we may be of any fiather assisrlnce your crime pnvention effor~ please contact our Commumty Resources Seenon at '~9-5731, Chief of Police 100 Robber)- Five Year A-naly'sis ( 1988 Base Year) ~'L'2.2 'Je,5~c.~7 2~:~e ~eccns :~"~'iI ""'f"=L~ t~ eS )a ~ Convc~dence Store 25 .2c 15 la~e2. ~g?2' I i!~rnk RohD eAt' '-: ---- -' . ...............101 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING A NEW CHAPTER 9.28 TO TME RANCHO CUCAMONGA MUNICIPAL CODE ESTABLISHING REGULATIONS PERTAINING TO CONVENIENCE FOOD STORES. WHEREAS, the number of homicides and robberies at Convenience Food Stores exceed the number of such incidents at other establishments between the hours of 8 p.m. and 4 a.m.; and WHEREAS, such excess demonstrates a greater likelihood that such incidents will occur unless precautionary measures are taken at Convenience Food Stores; and WHEREAS, the occurrence of such incidents may result in loss of life and/or property and is contrary to the public health and safety and the welfare of the employees and customers of Convenience Food Stores; and WHEREAS, these regulations provide essential requirements that will minimize or eliminate a significant number of incidents of homicide and/or robbery at Convenience Food Stores; and WHEREAS, on August 23, 1994, a public workshop was conducted to obtain public input; and WHEREAS, on , 1994, the City Council conducted and concluded a duly noticed pubic hearing concerning the subject amendment to the Municipal Code; and WHEREAS, all legal prerequisites prior to the adoption of this Ordinance has occurred. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Rancho Cucamonga, California: SECTION 1: The Rancho Cucamonga Municipal Code is hereby amended to add a new Chapter 9.28, to read, in words and figures, as follows: Chapter 9.28 CONVENIENCE FOOD STORES. Sections: 9.28.010 Definitions. 9.28.020 Regulations. 9.28.010 Definitions. The following terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: 102 CITY COUNCIL ORDINANCE NO. CONVENIENCE FOOD STORES - CITY OF R.C. 1994 Page 2 A. "Convenience Food Store" is a business establishment that: 1. Derives 50 percent or more of its gross income, excluding motor fuels, from the sale of goods, merchandise, or other articles of value in their original containers; and 2. Offers a limited quantity and variety of food, household, and sundry items; and 4 a.m.; and Operates at any time between the hours of 8 p.m. and Does not sell or have for sale prescription drug items· B. "Owner" is the person, corporation, partnership, joint venture, or other group enterprise having lawful possession of the premises upon which the Convenience Food Store is operated. C. "Employee" is the person, corporation, partnership, joint venture, or group enterprise legally responsible for the day-to-day operation of the Convenience Store. 9.28.020 ReGulations. All Convenience Food Stores shall comply with the following regulatXons: A. If open for business after 8 p.m., the Convenience Food Store must employ two persons continuously on duty on the premises from 8 p.m. until closing or 4 a.m., whichever event occurs first. B. Locate any signs posted in the windows so as to provide a clear and unobstructed view of the cash register and sales area from the street. C. Locate the sales area so that the clerk and customer are fully visible from the street at the time of the sales transaction. D. Post a conspicuous sign, not exceeding 2 square feet in area, in the window which states the cash register has $50.00 cash or less in it. E. Have no more than $50.00 cash available and readily accessible to employees. F. Maintain a drop-safe or time release safe at the Convenience Food Store which is bolted to the floor or installed in the floor'or weighs at least 500 pounds. G. Post a conspicuous sign, not exceeding 2 square feet in area, in the window which states that there is a safe at the store and it is not accessible to the employees. 103 CITY COUNCIL ORDINANCE NO. CONVENIENCE FOOD STORES - CITY OF R.C. 1994 Page 3 H. The entire area of the parking lot area utilized by customers of the Convenience Food Store must be lighted during all hours of darkness when the employees and/or customers are on the premises as follows: 1. Minimum average maintained iltuminance must be two foot candles or greater wXth a unlformlty ratio (average to minimum) of no more than 5:1. 2. Additionally, all such lighting shall be in accordance with the applicable City's Lighting Code requirements, and shall be verified through the submittal of a detailed lighting plan to the Planning Commission and the Crime Prevention Bureau of the Rancho Cucamonga Police Department. I. Install a security camera of a type and number approved by the City Manager or his designee. Said camera must De capable of producing a retrievable image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Cameras meeting the requirements of this section shall be maintained in proper working order at all times and shall be subject to periodic inspection by the City Manager or his designee. J. Any owner or employee who works between the hours of 7 p.m. and 5 a.m. at a Convenience Food Store shall complete a course in Robbery Prevention to be given by the Rancho Cucamonga Police Department, or a program certified by the City Manager or his designee, within 30 days after he or she begins employment. If the Rancho Cucamonga Police Department's Robbery Prevention course is utilized, the City Manager or his designee shall determine the cost of training per employee to the City and the Convenience Food Store shall pay the cost to the Rancho Cucamonga Police Department prior to the training of the employee. SECTION 2: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or other portions might subsequently be declared invalid or unconstitutional. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk Shall cause the same to be published within 15 days after its passage at least once in the Inland Vallev Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. 104 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 7, 1994 Mayor and Members of the City Council Charles J. Buquet II, Mayor Pro Tem Rick Gomez, Community Development Director CONSIDERATION TO APPROVE PLANNING COMMISSION RESOLUTION OPPOSING THE REGIONAL COMPRHEHENSIVE PLAN (RCP) IN ITS CURRENT FORM The Planning Commission will consider the attached draft Resolution opposing the Regional Comprehensive Plan in its current form at its Wednesday, November 9, 1994 meeting. Because the City Council agendas will be run on Wednesday, November 9, 1994, the draft Resolution was placed in the City Council agenda for the Councirs consideration. If there are any changes to the draft Resolution or for some reason it was not approved by the Planning Commission, staff will advise the Council at the November 16, 1994 City Council meeting otherwise it is recommended the Council approve Resolution 94-*. Respectfully Sub ' / c, Director 1 AIachment: Draft Resolution 94-* 105 RESOLUTION NO. DRAFT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING THE REGIONAL COMPREHENSIVE PLAN BE OPPOSED IN ITS CURRENT FORM AND BE RENAMED THE REGIONAL COMPREHENSIVE REPORT. WHEREAS, the Southern California Association of Governments (SCAG) region contains 188 cities and the counties of Los Angeles, Orange, Ventura, San Bernardino, Riverside, and Imperial; and WHEREAS, SCAG is designated by State and Federal Statutes as the Metropolitan Planning Organization (MPO) for the purposes of regional transportation planning; and WHEREAS, SCAG prepares a Regional Comprehensive Plan (RCP) to address numerous issues within the SCAG region; and WHEREAS, SCAG is required to prepare a transportation (Regional Mobility Element) and Growth Management Plan to comply with State and Federal requirements; and WHEREAS, the Regional Mobility Element and the Growth Management Plan are included in the RCP as mandatory chapters; and WHEREAS, the remaining chapters of the RCP are advisory to local jurisdictions; and WHEREAS, the Commission is concerned that combining the mandatory and advisory elements in the same document will result in all elements becoming mandatory on local jurisdictions; and WHEREAS, the RCP contains insufficient controls to ensure consistent decision-making by local jurisdictions should the advisory elements become mandatory. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the Regional Comprehensive Plan be opposed in its current form and be renamed the Regional Comprehensive Report in order to ensure proper emphasis of the advisory chapters contained in the document and object to its contents in its present form. WHEREAS, the Secretary of this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF NOVEMBER 1994. PLANNING COMMISSION OF THE CITY OF R3~NCHO CUCAMONGA BY: E. David Barker, Chairman 106 PLANNING COMMISSION RESOLUTION NO. REGIONAL COMPREHENSIVE PLAN November 9, 1994 Page 2 ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of November 1994, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 107 Dam: To: No~mber 16, 1994 Rancho Cu~amonga Fire Protection District Board President Stout Vice-Presidgnt Buquet Board Mmbers Alexander, W'dliams, and Guticrrez From: Jim Frost City Treasurer Subject: Proposed Resolution FD 94-010 and draft 1994 / 1995 Memorandum of Understanding The proposcd MOU, made availablc to mc just this wcck, raises several areas for comment, concern, and for recommendations which future Board Members may wish to consider. It is my understanding, at this time, that we are approaching closure between the District and the fire~ghter's union. If the Board wishes to adopt Resolution FD 94-010 as presented, it will be the ending of a lengthy. phase of labor negotiations, and perhaps the beginning of yet another. Therefore, with agreement from the union, adoption of tonight's resolution may be a way to let you all go on with your lives, until a new Board is in place. Next month, public perception of the Dislrict Board will change; we'll have a fire captain as President (ff his peers choose to have the mayor sit as president), and the father of a firefighter on the new board. But the goals of the District will be to continue operation in a business - like manner; responsible to the citizens who provide support for its operation. The first City Council of Rancho Cucamonga, in executive sessions in 1979 and thereafter, directed the City Manager to survey selected cities, and to set our salary steps slightly above the average of the whole. Our intent was to treat our staff fairly, within budgetary constraints, to provide competitive benefits, and to provide the flexibility to adapt to changing financial times. Our desire was to acknowledge staff professionalism, and to discourage valuable employees from being seduced by other employers in the job market. Informal employee organizations were formed in order to provide input into labor relation decisions by the council, and to avoid the formation of more formal employee groupings. When your current MOU included language regarding the philosophy of a survey salary average plus 5%, I think you feb victim to faulty legal advice. I hope you're not using the same attomey, but I commend you for having altered the language and for acknowledging the error. That prior advice has cost $600,000 in retroactive salary payments of taxpayer money which was reserved for operations or equipment replacement; plus $300,000 in annual pa.vroll increases, lasting forever, and compounded by all future cost of living and step increases. I also have the following suggested changes or comments for the draft MOU. Page 6; Section 2(A), Salary Ranges. page 1 Page 13; -qectian 3(12})3, av~titn~ PaY. Snell out "Jxtiurlt Time" instead of "I-Time." There isn't a rfference to "I-Time" am, where else in the document. Page 16; Section 5(A)(1)b, Health Insurance. The District provides employee and family health insurance to current retirees, and those who are currently employed, and those current full-time employees who retire from the District in the future. Comments: l) There is no reference to length of service to the District. Someone with prior PERS service could be hired yesterday, put in for retirement tomorrow, and have fully paid health insurance for the rest of his or her life. I suggest minimum length of sentice; five years, ten years, ... whatever. 2) There is no cap to the premium paid, nor reference to the type of plan provided. What protection does the DisWict have against future rate increases? Do we provide only the least expensive plan available to other employees? And do we require conversion to Medicare Supplementary insurance ff the employee becomes eligible? Page 16; Section 5(A)(1)c, Health Insurance. New full-time hires are provided the least expensive plan. Comments: 1 ) The District should also provide a monetary cap, so that rate increases arc not automatically. picked up by the DiStrict. 2) The employee should be able to have a more expensive plan, if willing to pay the cost difference. Perhaps they already have that option, which may bc stated in carrier contracts. Page 16; Section 5(A)(1)d, Health Insurance. New full - time hires "shall be responsible" for picking up the cost of insurance upon retirement. Comments: 1) Isn't this discretionary? Language should state that insurance is available through the District, at employee cost, ff they chose to participate. Page 16; Section 5(A)(1)c, Health Insurance. Provides for cash compensation in lieu of medical benefits if the employees spouse and / or family "can" provide full health insurance. Comments: 1) This leaves the door open for the employee to take the cash and be uninsured. I would suggest that it read that the spouse and / or family "will" provide health insurance. page 2 Page 16; Section 5(A)(2)a, Dental Insurance. Vision insurance provides for a dollar cap to the coverage provided, I would suggest that a cap also be placexl on the amount of dental premium paid by the District Page 18; Section 6(A), Tuition Reimbursement Tuition reimbursement must be obtained by the employee's supervisor prior to taking a come. I would suggest that a "bigher authority" be required along with the supervisor's blessing. This protects the District from a supervisor who may be too lenient, and protects the employee from a supervisor who may be too restrictive. Page 20; Section 8; Work Rehted Injuries. States that "All management and non-management, non-safety and safety Fire District employees arc entitled to their full salary and benefits...", then goes on to say that non-safety arc not "enti~cd" to the benefits, but that they are provided anyway. The should be a better clarification of the issue. As an additional comment,. before we leave the issue, perhaps the District may wish to state its matentity and paternity leave policy, even though it apparently coincides with federal law. Your staff will probably be more aware of theft' rights if they are stated in the MOU. To summarize; passage of Resolution FD 94-010 and adoption of the MOU without alteration appears to be an appropriate action. ff the Board wishes to defer adoption to a future date, then I would strongly suggest that the above comments be considered for inclusion into the MOU. CC: File: FireDept Jack Lam Bob Dominguez page 3 I ancho Cucamonga CHAMBER OF COMMERCE Date: November 16, 1994 President and Members of the Fire Board From: Rancho Cucamonga Chamber of Commerce Subject: Resolution FD 94-010 In regards to the issue of implementation of a Memorandum of Understanding between the Rancho Cucamonga FIre Protection Diswict and Union Local 2274. This is an issue that the Rancho Cucamonga Chamber of Commerce would prefer to not have to comment on. It appears primarily to be a labor negotiation dispute. However, because of the potential for future impact on the District and City's budgets and dependency on the Utility Tax, which we have, and continue to oppose, we feel it is necessary to provide our input. When passed, the Utility Tax defined $2.5M for the Fire District based on potential State take-aways at that time. No Utility Tax moneys were ever promised to the District for augmentation or salary increases, only to back fill State take-aways and maintain cttrrent level of service. These Fire Diswict take-aways never occurred. If the City is not a careful fiscal manager, the Utility Tax funds may be diverted to purposes for which they were never intended. If the Utility Tax is going to be diverted specifically to fund a special district then it is our opinion that this tax would become a special tax subject to a vote by the citizens of Rancho Cucamonga. After preliminary review of the District's and the Union' s positions, the District's proposal appears to be composed of more sound fiscal practices to fulfill the contractual obligations of the two entities. We strongly encourage finding ways to allow management to manage their departments, and maximize their resources to the community. The Union, of cotuse, has the same goal, however;, the Union's calculation of how to riseally manage the resources are tenuous at best. 8250 U*':CA ,=VE',J L'E. SUITE 160 · RANCHO CUCAMONGA CALIFORNIA 9173C · 909 987-~ 012 The glaring fault we find in the Union's position is the assumption of future availability of funds through QUOTE "growth of the assessed valuation in the city" UN~2UOTE. It is evident through recent notifications from the County Tax Assessor, that at this time property values, and therefore, property taxes are declining, not increasing. As I mentioned earlier, the Chamber opposes any revenue transfer from the Utility Tax funds /{or from any other City funds to make up any deficit in the Fire District In today's fiscal environment, fire protection resources must be used morn effectively to meet the community 's needs. The District and its management must have the flexibility to manage and deploy resources to meet the community's needs. Any new agreement must not reflect outdated work roles and union work requirements that are out of step with the flexible management philosophy consistent with "reinventing" government to meet the challenges of the 1990's. Because the way that the Districts proposal addresses issues involving fiscal realities, it is apparent to us that the District's proposal reflects more closely what is going on in our businesses and residences, given the California economy. Quite simply put, the Chamber of Commerce is suggesting that the District have a Memorandum of Understanding in place that allows the management of the Fire District to conu'ol resources and provide fiscal responsibility to the degree that the Rancho Cucamonga Fire Protection District continues to provide world class fire service in the most cost effective manner. We urge you to vote in favor of Resolution FD 94-010, as proposed by staff. Respectfully ~ub ;.,.milled, Gary C{~istian, President CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: November 14, 1994 TO~ FROM: Mayor and Members of the City Council Jack Lam, AICP, City Manager Robert C. Dominguez, Administrative Services Directo~~ SUBJECT: CHANGE TO RESOLUTION FD 94-010 Our labor attorney, Steve Filarsky, has reviewed Resolution FD 94-010, and has suggested changes to items 1 and 2. Please replace Resolution FD94-010 in your agenda packet with the attached revised resolution. RCD/dah attachment RESOLUTION FD 94-0 10 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, TO ADOPT AN MOU FOR FISCAL YEAR 1994/95, AND TO RESOLVE AN IMPASSE IN THE MEET AND CONFER PROCESS BETWEEN THE BOARD AND THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 WHEREAS, the Local and Board have met and conferred in good faith regarding issues within the scope of meet and confer; and, WHEREAS, the Local and Board have not reached agreement regarding all issues within the scope of meet and confer; NOW, THEREFORE, be it resolved the Board agrees as follows: 1. That an impasse in negotiations for a memorandum of understanding covering the period following July 1, 1994, between the District and the Local does exist; and, 2. It is appropriate to resolve the impasse by adopting the attached memorandum of understanding; and, 3. The effective date for items referenced within this Resolution shall be July 1, 1994, unless specifically stated to the contrary. The Board agrees that no changes to this agreement or current conditions of employment within the scope of meet and confer will be discussed or changed during the term of this agreement without express written consent and agreement of both parties. If a court with proper jurisdiction determines that any single provision of this Resolution is invalid, the remaining provisions of this agreement shall remain valid and in full force unless otherwise agreed to by the Local and the Board. This resolutions entered into this 16th day of November 1994. MEMORANDUM OF UNDERSTANDING RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND RANCHO CUCAMONGA FIREFIGHTER'S LOCAL 2274 REVISED TABLE OF CONTENTS PREAMBLE ARTICLE I. RECOGNITION ............................................................ 1 ARTICLE II. SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 COMPENSATION .......................................................... 2 Salary Ranges Effective 4-1-91 ......................................... 2 Salary Plan ........................................................... 6 Work Periods and Overtime ........................................... 12 Clothing Allowance ................................................... 15 Employee Group Insurance ............................................ 16 Tuition Reimbursement ............................................... 18 Retirement Plan ...................................................... 19 Work Related Injuries ................................................ 20 ARTICLE III. SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECYION SECTION SECTION LEAVE OF ABSENCE ..................................................... 21 1 Holidays ............................................................. 21 2 Vacation Leave ....................................................... 23 3 Sick Leave ........................................................... 25 4 Conversion Factor .................................................... 28 5 Personal Leave ....................................................... 29 6 Bereavement Leave ................................................... 30 7 Compensatory Time ................................................... 31 8 Military Leave ....................................................... 32 9 Jury Duty ........................................................... 33 10 Civil Subpoena/Criminal Subpoena .................................... 34 11 Leaves of Absence without Pay ........................................ 36 ARTICLE IV. SECTION 1 SECYION 2 SECTION 3 SECTION 4 SECTION 5 GRIEVANCE PROCEDURE ................................................. 37 Purpose ............................................................. 37 Objectives ........................................................... 37 General Provisions ................................................... 38 Informal Grievance Procedure ......................................... 38 Formal Grievance Procedure .......................................... 39 ARTICLE V. SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SAFETY ................................................................. 43 Compliance .......................................................... 43 No Discrimination .................................................... 43 Safety Equipment .................................................... 43 Employee Responsibility ............................................. 43 Minimum Manning .................................................... 44 Smoking Policy ....................................................... 44 ARTICLE VI. SECTION 1 SECTION 2 MANAGEMENT RIGHTS ................................................... 4 5 Scope of Rights ....................................................... 4 5 Emergency Conditions ................................................ 4 6 ARTICLE VII. MAINTENANCE OF BENEFITS ............................................. 47 ARTICLE VIII. APPROVAL BY THE BOARD OF DIRECTORS ................................. 48 ARTICLE IX. PROVISIONS OF LAW ..................................................... 49 ARTICLE X. TERM ................................................................... 5 0 PREAMBLE Page 1 This Agreement is made and entered into between the Rancho Cucamonga Fire Protection District, hereinafter called "District," and the Rancho Cucamonga Firefighter's Local 2274, hereinafter called "Union". The terms and conditions contained in this Agreement are applicable to all full-time employees within this unit and contain the complete results of negotiations concerning wages, hours and other terms and conditions of employment for said employees represented herein. ARTICLE I. RECOGNITION Pursuant to the provisions of existing rules and regulations and applicable state law, the District hereby acknowledges the Union as the exclusive recognized employee organization for this representation unit. This unit includes all non-management safety employees of the District, who are employed on a full-time basis. Page 2 SECTION 1: Salary A. Ranges ARTICLE II. COMPENSATION Ranges Effective 4-1-91 SAFETY A B C D E *Fire Chief 3% Deferred Comp *Deputy Chief (Fire Marshal) 2% Deferred Comp Battalion Chief 56 Hr. Workweek 36.63 38.46 40.38 42.40 44.52 2930.40 3076.92 3230.77 3392.31 3561.92 6349.20 6666.66 7000.00 7350.00 7717.50 6538.54 6865.46 7208.74 7569.17 7947.63 33.30 34.97 36.71 38.55 40.48 2664.00 2797.20 2937.06 3083.91 3238.11 5772.00 6060.60 6363.63 6681.82 7015.91 5887.44 6181.82 6490.91 6815.45 7156.22 19.82 20.81 21.85 22.95 24.09 2220.00 2331.00 2447.55 2569.93 2698.43 4810.00 5050.50 5303.03 5568.18 5846.59 Battalion Chief 40 Hr. Workweek 27.75 29.14 30.59 32.12 33.73 2220.00 2331.00 2447.55 2569.93 2698.43 4810.00 5050.50 5303.03 5568.18 5846.59 Fire Captain 15.28 16.04 16.84 17.68 18.57 1710.98 1796.53 1886.36 1980.67 2079.71 3707.12 3892.48 4087.10 4291.46 4506.03 Fire Engineer 13.24 13.90 14.60 15.33 16.09 1482.86 1557.00 1634.85 1716.59 1802.42 3212.86 3373.50 3542.18 3719.29 3905.25 Firefighter 11.76 12.35 12.97 13.62 14.30 1317.30 1383.17 1452.33 1524.94 1601.19 2854.16 2996.87 3146.71 3304.05 3469.25 Hazardous Material 16.08 Premium Pay 1801.10 Captain 3902.39 Hazardous Material 14.04 Premium Pay 1572.98 Engineer 3408.12 Hazardous Material 12.57 Premium Pay 1407.43 F i re fig h t e r 3049.42 16.85 17.65 18.49 19.37 1886.85 1976.48 2070.79 2169.83 4087.74 4282.37 4486.72 4701.29 14.71 15.40 16.13 16.90 1647.12 1724.97 1806.72 1892.55 3568.77 3737.44 3914.55 4100.52 13.15 13.77 14.42 15.10 1473.29 1542.45 1615.07 1691.31 3192.13 3341.97 3499.31 3664.51 A B C D g Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Page 3 Fire Inspector 19.66 (Equal to Fire Eng. 1572.98 + 5% of E Step 3408.12 Eng.) 20.59 21.56 22.58 23.66 1647.12 1724.97 1806.72 1892.55 3568.77 3737.44 3914.55 4100.52 Hazardous Material 19.82 20.81 21.85 22.95 24.09 Coordinator 2220.00 2331.00 2447.55 2569.93 2698.43 4810.00 5050.50 5303.03 5568.18 5846.59 Deputy Fire Marshal27.75 2220.00 4810.00 29.14 30.59 32.12 33.73 2331.00 2447.55 2569.93 2698.43 5050.50 5303.03 5568.18 5846.59 NON-SAFETY A B C D E *Admin. Services 22.27 Officer 1781.65 3860.24 2% Deferred Comp 3938.99 Management 19.66 Analyst II 1572.55 3407.20 23.38 24.55 25.78 27.07 1870.73 1964.27 2062.48 2165.61 4053.25 4255.91 4468.71 4692.15 4135.94 4342.74 4559.87 4787.87 20.64 21.67 22.76 23.89 1651.18 1733.74 1820.43 1911.45 3577.56 3756.44 3944.26 4141.47 Maintenance 20.43 21.45 22.53 23.65 24.83 Officer 1634.52 1716.25 1802.06 1892.16 1986.77 3541.47 3718.54 3904.47 4099.69 4304.67 Mainten a nce 15.31 16.08 16.88 17.73 18.61 T e c h 1225.16 1286.42 1350.74 1418.28 1489.19 2654.52 2787.25 2926.61 3072.94 3226.59 Com m unications 15.31 16.08 16.88 17.73 18.61 T ec h 1225.16 1286.42 1350.74 1418.28 1489.19 2654.52 2787.25 2926.61 3072.94 3226.59 Fire Equipment 15.31 Mechanic 1225.16 2654.52 Fire Equip 11.47 Serv. Worker 917.50 1987.91 16.08 16.88 17.73 18.61 1286.42 1350.74 1418.28 1489.19 2787.25 2926.61 3072.94 3226.59 12.04 12.64 13.28 13.94 963.37 1011.54 1062.12 1115.22 2087.31 2191.67 2301.25 2416.32 Fire Safety 21.16 22.21 23.32 24.49 25.71 Analyst 1692.42 1777.04 1865.90 1959.19 2057.15 3666.92 3850.26 4042.78 4244.91 4457.16 A B C D E Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Fire Prevention 15.62 16.41 17.23 18.09 18.99 Hourly Page 4 Specialist 1249.98 1312.48 1378.10 1447.01 1519.36 Bi-Week 2708.29 2843.70 2985.89 3135.18 3291.94 Monthly Administrative 13.32 13.99 14.69 15.42 Secretary 1065.84 1119.13 1175.09 1233.84 2309.32 2424.78 2546.02 2673.32 Secretary 11.58 12.16 12.77 13.41 926.80 973.14 1021.79 1072.88 2008.06 2108.47 2213.89 2324.58 16.19 Hourly 1295.53 Bi-Week 2806.99 Monthly 14.08 Hourly 1126.53 Bi-Week 2440.81 Monthly Public Services Technician 12.76 13.39 14.06 14.77 1020.48 1071.50 1125.08 1181.33 2211.04 2321.59 2437.67 2559.56 15.50 Hourly 1240.40 Bi-Week 2687.53 Monthly Office Spec. II 9.73 10.22 10.73 11.26 778.46 817.39 858.25 901.17 1686.67 1771.00 1859.55 1952.53 11.83 Hourly 946.23 Bi-Week 2050.15 Monthly Office Spec. I 8.85 9.29 9.76 10.24 707.88 743.28 780.44 819.46 1533.75 1610.43 1690.95 1775.50 10.76 Hourly 860.44 Bi-Week 1854.28 Monthly Apprentice Firefighter 8.32 8.73 9.17 9.63 931.45 978.02 1026.92 1078.27 2018.13 2119.04 2224.99 2336.24 10.11 Hourly 1132.18 Bi-Week 2453.05 Monthly * Not eli~lible for overtime conXgensation Page 5 B. Survey Cities: "Now, therefore, be it resolved the Union and District agree as follows: 1. The survey cities shall be: Fullerton, West Covina, Corona, Ontario, Pomona, Orange, Riverside, San Bernardino City, Upland. 2. May 1st of each year, a survey of the identified labor market cities shall be completed, reviewed by the Union and District, and used as the comparison basis for any negotiations regarding market equity adjustment and cost of living adjustment. This survey shall not obligate the District to implement any salary increase(s). SECTION 2 A. Page 6 Salary Plan Salary Ranges The base salary ranges for all classes in the bargaining unit shall consist of ranges having five (5) steps, labeled A through E, with approximately 5% between each step. Placement within the range shall be in accordance with the following: 1. Salary on Appointment New employees shall be compensated at Step "A" of the salary range to which their class is allocated. If unusual recruitment difficulties are encountered or a candidate is exceptionally well qualified, appointment at a higher step in the salary range may be authorized by the Fire Chief. 2. Merit Salary Adjustments Advancement within a salary range shall not be automatic, but shall be based upon job performance and granted only on the recommendation of the employee's supervisor and approval of the Fire Chief. Employees shall be considered for merit salary increases in accordance with the following: Employees who are placed at Step A upon original employment, reinstatement, or promotion are eligible for a merit salary review after six (6) months of service. Subsequent merit salary review dates shall fall upon the completion of twelve (12) month service intervals. Employees who are placed at Step B or above upon original employment, reinstatement, or promotion shall be eligible for a merit salary review after twelve (12) months of service. Subsequent review dates shall fall upon the completion of twelve (12) month service intervals. d , Page 7 The granting of an official leave of absence of more than thirty (30) continuous calendar days, other than military leave, shall cause the employee's merit salary review date to be extended the number of calendar days he was on leave. If, in the supervisor's judgement, the employee's performance does not justify a salary increase on the review date, the employee shall be re- evaluated before the expiration of six (6) months dating from the employee's review date. If the period of postponement exceeds three (3) months and the employee receives a salary increase, the employee shall be assigned a new review date based on the date the increase was granted. Authorized salary step increases shall become effective at the beginning of the pay period nearest the employee's review date. Should an employee's review date be overlooked, and upon discovery of the error, the employee is recommended for a salary increase, the employee shall receive a supplemental payment compensating him for the additional salary he would have received had the increase been granted at the appropriate time. The normal merit salary increase shall be one step granted in accordance with the preceding. However to reward outstanding achievement and performance, the Fire Chief may grant one (1) additional stepincrease not to exceed one (1) step in any (6) month period. In order to address a situation wherein application of this section would result in the inequitable treatment of employees and upon the recommendation of the Fire Chief and approval of the Board an employee may be placed at any step in the salary range for his class. Page 8 Salary on Promotion An employee, who is promoted to a position in a class with a higher salary range than the class in which he formerly occupied a position, shall receive the nearest higher monthly salary in the higher salary range that would constitute a minimum 5% salary increase over his base salary rate, provided that no employee may receive a rate in excess of Step E of the promotional class. If the promotion occurs within sixty (60) days of a scheduled merit salary review date, the employee shall receive the merit increase (if otherwise entitled to it) and the promotional increase concurrently. The employee shall be given a new merit salary review date for purposes of future salary step advancement. The new date shall be based upon the effective date of the promotion. Salary on Demotion An employee who is demoted to a position in a class with a lower salary range shall receive a new merit salary review date based upon the effective date of the demotion and receive a salary in accordance with the following: Disciplinary demotion - any designated salary step in the lower salary range which will result in the employee's receiving at least a five (5) percent reduction in pay. Non-disciplinary demotion - that salary step he would have received in the lower class if his services had been continuous in said lower class. Salary on Transfer An employee who is transferred from one position to another in the same class or to another position in a similar class having the same salary range shall receive the same step in the salary range that he previously received and his merit salary review date shall not change. 6. Salary on Position Reclassi~cation Page 9 When an employee's position is reclassified and the employee is appointed to the position, his salary shall be determined as follows: If the position is reclassified to a class with a higher salary range than the former class, his salary and merit salary review date shall be set in the same manner as if he had been promoted. b, If the salary of the employee is the same or less than the maximum of the salary range of the new class and the salary range of the new class is the same as the previous class, his salary and merit salary review date shall not change. C, If the salary of the employee is greater than the maximum of the range of the new class, the salary of the employee shall be designated as a Y-rate and shall not change during continuous regular service until the maximum of the salary range to which the class is assigned exceeds the salary of the employee. 7. Salary on Re-employment An employee recalled after a layoff shall receive the same salary step in the range of the class which he was receiving upon layoff. 8. Salary on Rehire Upon rehire, an employee shall be placed at such salary step as may be recommended by the supervisor and approved by the Fire Chief. The employee's merit salary review date shall be based on the date of rehire. , 10. Page 10 Acting Pay Acting pay shall be one (1) step, approximately 5%, above the affected employee's base salary rate. To receive acting pay the employee must: Be formally assigned duties appropriate to the higher class. b, Work in the higher class at least fifteen (15) consecutive work days, 5 shifts for employees working twenty-four (24) hour shifts. Acting pay will be paid beginning with the sixteenth (16th) consecutive day worked in an acting capacity, sixth (6th) shift for employees working twenty-four (24) hours shifts. Salary on Change in Range Assignment When a class is reassigned to either a higher or lower salary range by the Board, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the step he was receiving in the former range. 11. Premium Pay - Haz-Mat The number of personnel maintained on the Haz-Mat team is determined by the needs of the District. The decision as to the number of personnel on the team is made by the District. Personnel on the team must maintain their state certification, membership in the West End Hazardous Assistance Team, attend reasonable training sessions deemed necessary by the District, and agree to remain members of the District's Haz-Mat Team for a period of 3 years. Training to maintain status on the team shall be at the District's expense. Members who meet the above requirements shall be compensated for their involvement by being paid a dollar amount equal to 5% of Step E of the Fire Engineer class. Page 11 B. On-Call Pay Employees in the classification of Fire Prevention Inspector shall receive 5% of E step of Fire Engineer per month as full compensation for services in an on-call status. The requirements and conditions which attend on-call status shall be established by the District and affected employees agree to comply with said requirements and conditions. It is understood by the District and Union that the amount of on-call time (approximately 1/3 of required monthly on-call) to be served by each employee was instrumental in arriving at the accord noted herein. C Standby Pay Standby pay to Maintenance Officer, Maintenance Technician and Communications Technician shall be at the rate of $195 per month. SECTION 3 A. C Page 12 Work Periods and Overtime Work Periods The work period for shift personnel is 14 days. Overtime, pursuant to the Fair Labor Standards Act (FLSA) is paid for time worked in excess of 112 hours in the period. The work period for 40 hour personnel is seven (7) days with overtime being time worked in excess of 40 hours in the period. Work Shifts All 24 hour work shifts begin at 08:00 a.m. and end at 08:00 a.m. the following day, 24 hours thereafter. Ten (10) hour work shifts begin at 07:00 a.m. and ends at 06:00 p.m., Monday through Thursday, with one hour lunch. Flex Time The work schedules of employees assigned to other than fire suppression are subject to change depending on needs of the service or desires of the concerned employee(s). (See item 3.) The District shall not change work schedules when the sole purpose of the change is to avoid payment of time and one-half for overtime. This however, is not to be interpreted as preventing a schedule change upon the mutual agreement of the District and affected employee. Employees may request schedule changes to address personal interests. Whenever possible such requests will be accommodated, provided however, that needs of the service as determined by the District will take precedence over employee preferences. The District will not effect schedule changes but for good and sufficient cause. Page 13 Overtime Pay The rate of pay for overtime hours worked shall be at the rate of time and one half the regular rate of pay, for those employees eligible for overtime. Wages: The Battalion Chief in Training and suppression Battalion Chief's will be paid overtime at the 56 hour rate for any overtime worked, at time and one half rate of pay. "For purposes of computing overtime pay under the Fair Labor Standards Act, military leave, vacation, holiday time, I-time, and sick leave shall not be considered hours worked·" , For the purpose of this section, work time shall include traveling to or from the normal work site. not All full-time employees who are called back to work from off-duty as a result of an emergency, shall be paid at the rate of time and one-half for any hours worked, with a minimum of two (2) hours pay for each emergency recall. Employees required to work more than fifteen (15) minutes shall be compensated for a minimum of one (1) hour; any time worked over one (1) hour will be paid in one-half hour increments. (Fifteen (15) minutes work shall constitute one-half hour.) For purposes of this section, work time shall not include time spent in traveling to and from the work site. Employees required (held over) to work more than fifteen (15) minutes overtime shall be compensated for a minimum of one (1) hour. Any overtime worked in excess of one (1) hour will be paid in half hour increments. Provisions shall be made for an equitable distribution of overtime, consistent with efficient operations of the District. "Employees may be subject to recall to be placed on overtime to fill vacancies created by training and education of on-duty personnel." E. Call Back Page 14 A minimum of two (2) hours of work time will be credited to an employee who responds to a District call to come to work during his off-duty hours. This section is not to be interpreted as requiring said minimum in the event of an extended work day or when the employee begins his regular work shift before the normal starting time. F. 4/10 Leave With the 4/10 implementation, employees who experience hardship due to child care issues, may request alteration of their schedule by taking a 1/2 hour lunch and arriving at work 1/2 hour late or leaving work I/2 hour early. Additionally, employees who carpool at least 60% of the pay period and 60% of the distance into the Civic Center are eligible to leave 1/2 hour early from work or arrive 1/2 hour late. It is anticipated that the Fire District employees working a 40 hour week will begin the 4/10 program on July 20, 1992. This is the beginning of a pay period and that is when the program needs to start. SECTION 4 Uniform Allowance Page 15 The District shall provide three (3) sets of work uniforms for each employee who is required to wear a uniform prior to his/her starting date. Suppression members must buy their own class A uniforms at the completion of probation. The Fire District provides $425.00 annually to the Maintenance Officer, Maintenance Technician, Fire Prevention Specialist, Communications Technician, Fire Equipment Mechanic for the purchase and maintenance of uniforms required to be worn in the performance of their job responsibilities. The Fire District also provides $425 annually to safety members. Page 16 SECTION5 Employee Group Insurance A, The District will provide group insurance plans in accordance with the following: 1. Health Insurance The District will pay one hundred percent (100%) of the premiums for medical insurance through the State of California Public Employee's Medical and Hospital Care Program. "The Fire District provides fully paid employee and family health insurance for all existing full-time continuous and retired employees as of November 17, 1994." C, "The Fire District shall provide fully paid employee and family health insurance for all full-time continuous employees hired after November 17, 1994, at the lowest, fully paid insurance plan offered by the Public Employees Medical and Hospital Care Program." "All new full-time continuous employees hired after November 17, 1994, shall be responsible for paying their premiums for medical insurance through the State of California Public Employees Medical and Hospital Care Program, upon their retirement." "Cash compensation in lieu of medical benefits in the amounts of $200.00 for single employees or $300.00 for employees with dependents, may be provided to those employees that can verify that their spouse and/or family can provide full health insurance. Selection of compensation shall be at the employee's discretion. The employee may reenter the District's health plan at any time." 2. Dental Insurance The Fire District provides fully paid employee and family dental insurance plan for all full-time continuous employees. Page 17 3. Vision Insurance The Fire District provides vision care coverage for all full time continuous employees at a payment of up to $19.00 monthly beginning July 1, 1992. SECTION 6 A. Page 18 Tuition Reimbursement Union Implementation of an educational reimbursement program. The program allows for reimbursement of out of pocket expenses (up to a specified maximum) incurred in the pursuit of a degree from an accredited college or university. The expenses are reimbursed upon successful completion of a course with a grade of "C' or better and for pass/fail classes with a "pass", and submittal of receipts showing the costs for the course. Reimbursement is for tuition, books, supplies, parking, lab expenses, and miscellaneous expenses for taking the course(s). Reimbursement does not include mileage or gasoline reimbursement or work hour pay. The maximum tuition reimbursed is set on a fiscal year basis with the total reimbursed being the average of the costs for course work at California State University Fullerton, Cal Poly Pomona, and California State University San Bernardino. For fiscal year 1990/91 the maximum reimbursement is up to $1500. Approval for reimbursement must be obtained employee's supervisor prior to taking the course. by the SECTION 7 Retirement Plan Page 19 A. Present Benefits C The District is enrolled in the State of California Public Employee's Retirement System. All benefits provided District employees under the District's Plan are paid by the District. Present benefits for public safety employees include the following: Section 21252.01 2% at 50 Supplemental or Modified Formula Section 21380-21387 1959 Survivor Benefits. Third level Section 20615 Payment of Normal Member Contributions One Year Highest Compensation No later than January 1, 1990, the District's retirement plan with the PERS will be amended to add Section 20024.2 One Year Highest Compensation. Conversion Union Effective July 1, 1989 employees aged 49 or over shall be permitted to convert member contributions to PERS paid by the District to salary for the purpose of establishing a higher base salary, for the last year of a pre-determined year of retirement. The employee shall then be responsible for paying said contributions. SECTION 8 Page 20 Work Related Injuries All management and non-management, non-safety and safety Fire District employees are entitled to their full salary and benefits when they sustain an on-the-job work related injury for up to one (1) year. (See Labor Code Section 4850 for provisions). Although Section 4850 covers only safety personnel, the District is extending this same benefit to non- safety employees. Temporary disability payments received during any injury period are to be returned to the Fire District. SECTION 1: A. Page 21 ARTICLE III. LEAVE OF ABSENCE Holidays Holidays are those days which the District designates as observed holidays. Holiday leave is a right, earned as a condition of employment, to a leave of absence with pay. The holidays designated by the District are as follows: 40 Hour Personnel ( 1 ) January 1 .......... New Years Day (2) January ............ Martin Luther King's Birthday (3rd Monday) (3) February .......... President's Day (3rd Monday) (4) May ................ Memorial Day (last Monday) ( 5 ) July 4 .............. Independence Day (6) September ......... Labor Day (lst Monday) ( 7 ) November 11 ...... Veteran's Day ( 8 ) November ......... Thanksgiving (4th Thursday) (9) November ......... The day following Thanksgiving (10) December 24 ....... The day preceding Christmas (11) December 25 ....... Christmas (12) Three discretionary (floating) days may be taken by an employee at his/her convenience, subject to approval of the supervisor. The thirty hours for the three floating holidays shall be credited to the employee at the start of pay period No. 1 of each year. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. 56 Hour Personnel ( 1 ) January 1 .......... New Years Day (2) January 18 .........Martin Luther King's Birthday (3) February 12 ....... Lincoln's Birthday (4) February 22 ....... Washington's Birthday (5) May ................ Memorial Day (last Monday) (6) July 4 .............. Independence Day (7) September ......... Labor Day (lst Monday) ( 8 ) September 9 ....... Admissions Day ( 9 ) October 12 ......... Columbus Day (10) November 11 ...... Veteran's Day ( 11 ) November ......... Thanksgiving (4th Thursday) (12) November ......... The day following Thanksgiving (13) December 24 ....... The day preceding Christmas (14) December 25 ....... Christmas Page 22 B. Employees shall accrue holiday time as follows: Type of Personnel Per Holiday Annually Maximum Accrual Shift Personnel 40 Hour Personnel 12 hours 168 hrs. 216 hours 10 hours 140 hrs. 180 hours C No District employee will be allowed to exceed the maximum accrual at any time. As excess holiday time is earned, it must either be taken as time off or be paid for by the District. Effective pay period No. 1 of each year (which normally occurs mid to late December of each year) holiday time shall be accrued by the employees within the pay period in which it occurs. The District will buy back all or part of accrued holiday time at the then current hourly rate, if a request is made (in writing) by November 30th of their holiday balance and option for sell back. Holidays may be used as scheduled time off with the approval of the supervisor. E. District employees will be advised, in writing, within the pay period prior to the time that maximum holiday accrual is reached or that they are approaching their maximum accrual. Any employee who is on vacation or sick leave when a holiday occurs will not have that holiday charged against his/her vacation or sick leave. Forty hour personnel who obtain prior approval from their immediate supervisor to work a holiday will be allowed to bank that holiday at straight time. If a 40-hour employee, who is eligible to receive overtime compensation, is recalled to work on a holiday, then the holiday will be banked at time and a half for the number of hours actually worked that day. SECTION 2: Vacation Leave Page 23 Vacation leave is a right to a leave of absence with pay. earned as a condition of employment. It is All full-time employees shall, with continuous service, accrue working days of vacation monthly according to the following schedule: 40 hour personnel Years of Completed Service Annual Maximum Pay Period Accrual Accrual Accrual Rate~ 1-3 years 4-7 years 8-10 years 11 - 19 years 20-24 years 25+ years 85.72 hours 192.0 3.297 128.57 hours 272.0 4.945 171.43 hours 353.0 6.593 188.58 hours 353.0 7.253 196.58 hours 353.0 7.561 204.58 hours 353.0 7.868 Shift Personnel Years of Completed Service Annual Maximum Pay Period Accrual Accrual Accrual Ratea 1-3 years 4-7 years 8-10 years 11 - 19 years 20-24 years 25+ years 120 hrs/5 shifts 288.0 180 hrs/7.5 shifts 408.0 240 hrs/lO shifts 528.0 264 hrs/11 shifts 528.0 288 hrs/12 shifts 528.00 312 hrs/13 shifts 528.00 4.615 6.923 9.231 10.154 11.077 12.0 An employee who, as of July 1 of any given year, has completed 10, 20 and 25 years of service shall receive a one- time credit of 24 hours of vacation, if a shift employee, or 10 hours, if a 40 hour employee. The employee shall, beginning their 1 lth, 21st and 251h year accrue vacation at the appropriate pay period accrual rate. C The District will notify employees, in writing, within the pay period prior to the time that maximum vacation accrual will be reached that the accrual is approaching that maximum. The employee will then be required to (1) schedule time off or, (2) receive pay in lieu of time off so as to not exceed the maximum accrual. Page 24 Any full-time employee who is about to terminate employment and has earned vacation time to his credit, shall be paid for such vacation time on the effective date of such termination. When separation is caused by death of an employee, payment shall be made to the estate of such employee. Page 25 SECTION 3: Sick Leave Sick leave is the authorized absence from duty of an employee because of physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease, or for a medical, optical, or dental appointment. A. Full-time Employees Sick leave is that amount of leave designated by the District. 2. All employees shall be entitled to sick leave as follows: Personnel Monthly Annual Accrual Max. Accrual 40 hr Personnel 10 hours 120 hours No limit Shift 12 hours 144 hours No limit Personnel (1/2 shift) (6 shifts) 3. Sick leave with pay may be used for: a. Any bona fide illness or injury. b. Quarantine due to exposure to contagious disease. Any treatment or examination included to, but not limited to, medical, dental, eye examination, or psychiatric. d , Not more than twelve (12) days for 40-hour employees or six (6) shifts for shift personnel of sick leave each calendar year in case an employee's presence is required elsewhere because of sickness, disability, or child birth of a member of his/her immediate family, as defined in District Personnel Rules. C F.. G. Page 26 No employee shall be entitled to sick leave with pay while absent from duty for the following causes: Disability arising from sickness or injury purposely self- inflicted or caused by his own willful misconduct. 2. Sickness or disability sustained while on leave of absence. Sick leave shall not be used in lieu of or in addition to vacation. The Fire Chief reserves the right to require evidence in the form of a physician's certificate whenever an employee is absent and requests sick leave for the period of absence, excepting personal leave (see Section 5). Any employee absent from work due to illness or accident, may at the discretion of the Fire Chief, be required to submit to a physical examination before returning to active duty. Such physical examination shall be performed by a physician stipulated by the District and shall be at the District's expense. Termination of an employee's continuous service, except by reason of retirement or lay-off for lack of work or funds shall abrogate all sick leave and no payment will be made by the District for sick leave accrued to the time of such termination regardless of whether or not such employee subsequently re- enters District service. Any employee incurring a serious injury or illness while on paid vacation leave may have those days of illness changed to sick leave with pay and vacation days restored accordingly, provided the employee has sufficient sick leave accrued and the period of illness is certified by a written doctor's statement. Page 27 Employees with 10 or more years of service shall be eligible to convert unused sick leave to vacation in accordance with the following: Shift employees who in the preceding calendar year have accrued 108 to 144 (90 to 120 for 40-hour week employees) unused hours of sick leave earned in that preceding calendar year, may exercise the option of having one-half of that unused sick leave accrued in the preceding year converted to vacation leave and the remainder carried over as accrued sick leave. Those members of this unit who have accrued 72 to 108 (60 to 90 for 40-hour week employees) unused hours of sick leave earned in the preceding calendar year may exercise the option of having one-fourth of the unused sick leave accrued in the preceding calendar year converted to vacation leave and the remainder carried over as accrued sick leave. Any employee who qualifies to convert sick leave to vacation leave must submit a written request to the District on or before January 15th of the year in which the conversion is to be made. Upon the service retirement of an employee, the employee will have the option of selling back to the District up to one-half of his total accumulated unused sick leave at his then current hourly rate, or the employee may apply his unused accumulated sick leave toward service time for retirement, in accordance with the Public Employees' Retirement Law, Section 20862.8. Sick leave bought back by the District may not be applied for service credit, but the sick leave remaining after the "buy-back" may be credited as service time in accordance with the above-mentioned law. Page 28 SECTION 4: Conversion Factor Effective April 1, 1990, the factor used to convert the accruals for 40 hour per week personnel to 56 hour per week personnel will be: Vacation, sick leave, and holiday: Work Week Basis Vacation 40 Hour 56 Hour Conversion Factor 1-3 years 85.72 120 1.5 4-7 years 128.57 180 1.5 8-10 years 171.43 240 1.5 11-19 years 188.58 264 1.57 20-24 years 196.58 288 1.57 25+ years 204.58 312 1.57 Holiday 140 168 1.5 Sick 120 144 1.5 (4.0 to 56) EXAMPLE (8-10 year employee) Employee Benefits Vacation = 100 hours Holiday = 72 hours Sick = 300 hours 472 total hours x 1.5 (factor) = 708 hours total NOTE: If an employee goes form a 56 to 40 hours basis, the conversion will be the reciprocal of 1.5 or .667. SECTION 5: A. C Page 29 Personal Leave The employee shall be granted one (1) day's paid personal leave to attend the funeral of a close relative not in the employee's immediate family. An employee required to appear before a court for other than subpoenas due to actions as a District employee or jury duty will receive the necessary time as paid personal leave, providing: He notifies his supervisor or Duty Chief in advance, with adequate time remaining so that a relief may be obtained for him. The employee must return to duty within a reasonable time after the appearance. Personal leave will be charged against any time the employee has accrued, such as sick leave, vacation, and compensatory time, at the employee's option. Employees can use up to 20 hours of accrued sick leave as personal leave. This 20 hours can be used incrementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for emergency situations requiring the employee's attention and needs to be cleared with their supervisor when using this time. SECTION 6: Bereavement Leave Page 30 A. 40-hour Personnel In the event of a death in the employee's immediate family, the employee shall be granted three (3) days paid bereavement leave. A maximum of five (5) days paid bereavement leave shall be granted if there is a death in the immediate family outside the state boundaries. Shift Personnel In the event of a death in the employee's immediate family, the employee shall be granted two (2) shifts paid bereavement leave. A maximum of three (3) shifts paid bereavement leave shall be granted if there is a death in the immediate family outside the state boundaries and the employee attends the services. C Immediate family is defined as: Spouse, children, stepchildren, stepfather, stepmother, parents, brother, sister, grandfather, grandmother, grandchild, and the employee's mother-in law, father-in-law or grandparents-in law. SECTION 7: A. C Page 3 1 Compensatory Time Compensatory time may be earned for required attendance at special meetings of the Board of Directors and District committees, except when such meetings are held in lieu of a regularly scheduled meeting or when such meetings are called and/or scheduled as part of the annual budget preparation process and annual audit. Compensatory time may also be earned for special and/or unusual work situations not provided for in the preceding paragraphs. The earning and accrual of compensatory time requires the approval of the employee's supervisor. SECTION 8: A. C Page 32 Military Leave Every employee who is a member of a state or federal reserve military unit shall be entitled to absent himself from his service with the District while engaged in the performance of ordered military duty and while going to or returning from such duty in accordance with the laws of the State of California or federal government. Employees are entitled to thirty (30) days paid military leave in any one fiscal year, provided they have been employed by the District for one (1) year prior to this leave. Any employee with less than one years', service must use accrued annual leave or compensatory time if he wishes to receive his normal pay. Employees who are called or volunteer for service with the armed forces of the United States shall be entitled to reinstatement to their former positions. Upon application for reinstatement, the individual must display a certificate showing service was other than dishonorable. However, any individual possessing right of reinstatement automatically forfeits these rights upon his voluntary enlistment for a second term. Any employee returning from service with the armed forces shall be entitled to such length of service seniority as would have been credited to him had he remained for that period of time with the District. E. An employee who was in a probationary period at the time of his leave shall, upon his return, complete the remaining portion of the probationary period according to the present rules. An employee promoted to fill a vacancy created by a person serving in the armed forces shall hold such position subject to the return of the veteran. The employee affected by the return shall be restored to his former position or one of a similar nature while the returning employee resumes the position he previously held. SECTION 9: A. Page 33 Jury Duty Any member of the District who is called or required to serve as a trial juror may absent himself from his duties with the District during the period of such service or while necessarily being present in court as a result of such call. Such member on jury duty will continue to receive his normal pay, provided he: Notifies his superior or Duty Chief in advance, with adequate time remaining so that a relief may be obtained. Returned to duty within a reasonable time after being released with a signed certificate of service from the court stipulating the hours of service and release time. This certificate may be obtained by asking the court secretary or bailiff. The employee then forwards it to his superior or Duty Chief. Pay received for service while absent from the District must be turned over to the District; however, pay received while off duty may be kept by the employee. All personnel called for jury duty must abide by all of the above rules and must return to work if dismissed before the end of their regular work shift. Page 34 SECTION 10: Civil Subpoena/Criminal Subpoena A. Civil Subpoena When members of the District have been served a civil subpoena to appear in court as a witness due to actions as a District employee, the following procedure shall be followed: Personnel will be paid at their regular hourly rate while they are in court. District transportation will be provided when available. If the employee uses his own transportation, he will be reimbursed by the District at the prevailing mileage rate. If the employee is required to appear in a court that is outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal and/or lodging he will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization would be required by the department head. B. Criminal Subpoena Pursuant to Penal Code Section 1326 et. seq., if an employee is served with a criminal subpoena, the employee will be paid at his regular hourly rate while in court. District transportation will be provided when available. If the employee uses his own transportation, he will be reimbursed by the District at the prevailing mileage rate. Page 35 If the employee is required to appear in court outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal he will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization would be required by the department head. 4. A criminal subpoena need not have a court stamp affixed· Page 36 SECTION 11: Leaves of Absence without Pay Upon the written request of the employee, a leave of absence may be granted for a period not to exceed thirty (30) days by the Fire Chief, or a period not to exceed one (1) year by the Board of Directors. Failure of the employee to return to his employment upon the termination of an authorized leave of absence shall constitute a separation from service of that employee. C Leave of absence without pay granted by the Board shall not be construed as a break in service or employment. During these periods, vacation, holiday, or sick leave credits shall not accrue. An employee reinstated after a leave of absence without pay shall receive the same step in the salary range he received when he began his leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range. For purposes of this section, the employee's merit increase eligibility date shall commence upon the date of reinstatement. An employee on an approved leave of absence without pay may continue his medical insurance coverage by paying the full cost to the District in advance for each month, or portion thereof, of which he is absent. SECTION 1: A. SECTION 2: A. ARTICLE IV. GRIEVANCE PROCEDURE Page 37 Purpose This article is intended to provide a fair and orderly procedure for the resolution of employee grievances involving wages, hours and terms and conditions of employment. A grievance is a claimed violation, misinterpretation, mis-application, or non- compliance with existing District codes, resolutions, rules, regulations, or this document. Objectives The grievance procedure is established to accomplish the following objectives: To settle disagreements at the employee-supervisor level, informally if possible. 2. To provide an orderly procedure to handle grievances. 3. To resolve grievances as quickly as possible. To correct, if possible, the cause of grievances to prevent future similar complaints. To provide for a two-way system of communication by making it possible for levels of supervision to address problems, complaints, and questions raised by employees. To reduce the number of grievances by allowing them to be expressed and thereby adjusted and eliminated. To promote harmonious relations generally among employees, their supervisors and the administrative staff. 8. To assure fair and equitable treatment of all employees. SECTION 3: A. B, C F_. F, SECTION 4: Page 38 General Provisions Preparation of a grievance will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. No individual member of the Board of Directors shall be approached at any time that the grievance is being processed. Failure of the grievant to comply with time limitations specified in the grievance procedure shall constitute a withdrawal of the grievance, except upon a showing of good cause for such failure. Failure of the District supervisory or administrative staff to comply with specified time limitations shall permit the grievant to proceed to the next step in the procedure. E X C E P T I O N: Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. In the event a grievant elects to represent himself or is represented by counsel other than that provided by the employee organization, the employee organization shall be apprised of the nature and resolution of the grievance if the issues involved are within the scope of said organization's representation rights. If an individual named in a dispute is unavailable within the time period specified in these procedures, time limitations can be extended by mutual agreement of the representatives of the respective parties. Any period of time specified in this rule for the giving of notice or taking of any action exclude weekends and holidays. Informal Grievance Procedure Most problems or complaints can be settled if the employee will promptly, informally and amicably discuss them with his immediate supervisor. Such an initial discussion shall precede any use of the formal grievance procedure. If the immediate supervisor fails to reply to the employee within three (3) days, or the employee is not satisfied with the decision, the employee may utilize the Formal Grievance Procedure. SECTION 5: A. Page 39 Formal Grievance Procedure Step I The employee and/or his representative shall present his grievance, in writing and signed, to his immediate supervisor within fifteen (15) days of the date that cause for a grievance arises. An official grievance form must be used stating names, dates, times, place, and nature of grievance. The employee's supervisor shall attempt to resolve the grievance with the employee and shall submit his decision in writing to the employee within three (3) days after receipt of the grievance. The employee shall have the right to appeal the decision of his supervisor to the Fire Chief. Step II If the grievance is not resolved to the satisfaction of the employee the grievant has three (3) days following receipt of the written response from his supervisor to file a written appeal to the Fire Chief or his designated representative. Written appeal to the Fire Chief or his designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response of the employee's supervisor did not satisfactorily resolve the grievance and an indication of the action desired by the grievant. After submission of the written appeal, the Fire Chief or his designee shall reply within three (3) days, in writing, to the grievant regarding the grievance. In event of rejection, reasons for so doing will be included in the response. C Page 40 Step III If the grievance is not resolved by the Fire Chief or his designee to the satisfaction of the grievant, the grievant may, within three (3) days, then file a written appeal to the District Board of Directors. An appeal to the Board must include a complete statement of facts supporting the grievance, a statement by the grievant or representative setting forth the reasons why the Fire Chief or his representative did not satisfactorily resolve the grievance and a list of witnesses the grievant would call to testify. The grievant may request a formal hearing before the Board and, further, may request the hearings to be a closed personnel session. The Board shall schedule such hearings within ten (10) days after receipt of the request. The Board shall submit its decision, in writing, to the employee within ten (10) days of the date of the hearing. If no submittal is made, the grievance shall be deemed rejected and the decision of the Fire Chief sustained. Step IV "If the grievance is not settled in Step III, advisory arbitration may be invoked in accordance with the following:" C, The request for arbitration must be submitted within ten (10) days of receipt of the decision of the Board of Directors. A "Fact Sheet" must be submitted to the arbitrator by both parties, stating the nature of the grievance and desired action. The term "arbitrator," as used herein, shall refer to a single arbitrator. A list of five (5) arbitrators shall be requested from the California State Conciliation Service. The hearing arbitrator shall be chosen by an initial flip of a coin, with the winning side, Board or grievant, Page 41 having the first choice of either selecting the arbitrator or eliminating one candidate. The turn shall then revert to the other side, who then can exercise the same option. This procedure continues until either an arbitrator is agreed upon or there is only one candidate remaining. e, The arbitrator so selected shall hold a hearing at a time and place convenient to the parties involved. Statements of position may be made by the parties, and witnesses may be called. The arbitrator shall have the initial authority to determine whether or not the dispute is arbitrable under the express terms of this agreement. Once it is determined that the dispute is arbitrable under the terms, the arbitrator shall proceed in accordance with the provisions of this Rule to determine the merits of the dispute submitted to arbitration. The location and time of the hearing shall be mutually agreed upon by both parties. If an agreement cannot be achieved, each party will submit their location and time to be drawn by chance. All expenses which may be involved in the arbitration proceedings shall be borne by the parties equally; however, expenses relating to the calling of witnesses or the obtaining of depositions or any other similar expenses associated with such proceedings shall be borne by the party at whose request such witnesses or depositions are required. h , Legal counsel may be obtained by either party if they so wish. Expenses for the legal counsel shall be borne by the party obtaining such counsel. The pay for the arbitrator will be based upon the fee charged by the California State Conciliation Service for such services. Failure on the part of the District's representative or grievant/grievant's representative to appear in any case before an arbitrator, without good and Page 42 sufficient cause, shall result in forfeiture of the case and responsibility for payment of all costs of arbitration borne by the party failing to appear. "The decision of the arbitrator shall be advisory and notbinding upon the District and the Appellant." Page 43 ARTICLE V. SAFETY SECTION 1: Compliance The District and employees in the representation unit shall conform to and comply with all health, safety, and sanitation requirements imposed by the District, state or federal law or regulations adopted under state or federal law. SECTION 2: No Discrimination No employee shall be in any way discriminated against as a result of reporting any condition believed to be a violation of Section 1 of this Article. SECTION 3: Safety Equipment Should the employment duties of an employee in the unit, in the estimation of OSHA, require use of any equipment or gear to insure the safety of the employee or others, the District agrees to furnish such equipment or gear. SECTION 4: Employee Responsibility In the course of performing their normally assigned work, employees will be alert to observe unsafe practices, equipment, and conditions; as well as environmental conditions in their immediate area which represent health hazards and will report such conditions to their immediate supervisor. All employees shall make certain that all power machinery is equipped with safety devices properly installed and in working condition and that co-workers use utmost care in the handling of tools and equipment. Employees shall report all accidents immediately to their immediate supervisors. Reports shall be submitted on forms provided by the District. Page 44 SECTION 5: Minimum Manning When the Rancho Cucamonga Fire District increases its manning assignment for a u:uck or engine company to 4 individuals, both sides agree to meet and confer regarding minimum manning levels. Minimum manning will be three man engines. SECTION 6: Smoking Policy The following smoking policy was developed through meetings involving Fire District, City and Association representatives: A. Purpose The purpose of this policy is to promote a healthy environment by limiting situations where non-smokers are exposed to secondary smoke. B. Scope This policy will address the use of tobacco products by limiting their use as defined in the procedures section of this policy. C Responsibility It is the responsibility of persons using tobacco, as well as supervisors of personnel to enforce this policy. D. Procedure ** Smoking is prohibited in Fire District facilities except apparatus room. Smoking is prohibited in any Fire District vehicle. Smoking is prohibited when personnel are involved in emergency calls, public presentations, demonstrations, inspections and public tours. Chewing tobacco will be allowed in quarters, when the public is not present. During extended field operation conditions or in the field during service calls, smoking may be allowed upon the approval of the unit supervisor. All outside areas and apparatus rooms shall be permitted for smoking. SECTION 1: Page 45 D. E. F. G. I. ARTICLE VI. MANAGEMENT RIGHTS Scope of Rights It is understood and agreed that the District possesses the sole fight and authority to operate and direct the employees of the District in all aspects, except as modified in this Agreement. These rights include, but are not limited to: A. The right to determine its mission, policies, and standards of service to be provided to the public; B. To plan, direct, control, and determine the operations or services to be conducted by employees of the District; C To determine the methods, means, and number of personnel needed to carry out the District's mission; To direct the working forces; To hire, assign, or transfer employees within the District; To promote, suspend, discipline, or discharge employees; To lay-off or relieve employees due to lack of work or funds or for other legitimate reasons; To make, publish, and enforce rules and regulations; To introduce new or improved methods, equipment, or facilities; To contract out for goods and services; To take any and all actions as may be necessary to carry out the mission of the District in situations of civil emergency as may be declared by the Board of Directors or Fire Chief; To schedule and assign work; To establish work and productivity standards. Page 46 SECTION 2: Emergency Conditions If in the sole discretion of the Board of Directors or Fire Chief it is determined that extreme civil emergency conditions exist, including, but not limited to riots, civil disorders, earthquakes, floods, or other similar catastrophes, the provisions of this Agreement may be suspended during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. Page 47 ARTICLE VII. MAINTENANCE OF BENEHTS All benefits enjoyed by the employees at the present time, which are not included in nor specifically changed by this MOU, shall remain in full force and effect; provided, however, that upon the mutual agreement of the parties, the meet and confer process may be initiated to address proposed changes. This Article shall not be interpreted as affecting any other rights or obligations the respective parties have under Section 3500 et. seq. of the California Government Code. Page 48 ARTICLE VIII. APPROVAL BY THE BOARD OF DIRECTORS Am This MOU is subject to approval by the Board of Directors of the District. The parties hereto agree to perform whatever acts are necessary both jointly and separately to urge the Board to approve and enforce this MOU in its entirety. Following approval of this MOU by the Board, its terms and conditions shall be implemented by appropriate ordinance, resolution, or other lawful action. Page 49 ARTICLE IX. PROVISIONS OF LAW It is understood and agreed that this MOU and employees are subject to all current and future applicable Federal and State laws and regulations and the current provisions of the District law. If any part or provisions of this MOU is in conflict or inconsistent with such applicable provisions of those Federal, State, or District enactments or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. If any substantive part or provision of this MOU is suspended or superseded, the parties agree to re-open negotiations regarding the suspended or superseded part or provisions with the understanding that the total compensation to employees under this MOU shall not be reduced or increased as result of this Article. The District and the Union recognize that under this Agreement and in personnel matters not covered in this contract, the current District Personnel Rules as amended and effective shall apply. The Personnel Rules applicable to this bargaining unit shall not be changed for the duration of this Agreement. Page 50 ARTICLE X. TERM The term of this MOU shall commence on and will continue for a period thereafter, ending on In the event either party hereto desires to negotiate a successor MOU, such parties shall serve upon the other, during the month of February, its written request to commence negotiations as well as any written proposal for such successor MOU. Upon receipt of such written proposals, negotiations shall begin no later than thirty (30) calendar days after such receipt. Dated Dated Union District /SS