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HomeMy WebLinkAbout1997/11/19 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1 st and 3rd Wednesdays - 7:00 p.m. November 19, 1997 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers William J. Alexander, Mayor Diane Williams, Mayor Pro Tem Paul Biane, Councilmember James V. Curatalo, Councilmember Rex Gutierrez, Councilmember Jack Lam, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 477-2700 City Council Agenda November 19, 1997 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 of the week prior to the meeting. The City Clerk's Office receives all such items. A. CALL TO ORDER 1. Roll Call: Alexander__, Biane , Curatalo , Gutierrez , and Williams __ B. ANNOUNCEMENTS/PRESENTATIONS Presentation of a High School Certificate of Recognition for Outstanding Community Service & Citizenship for Tracy Fu of Etiwanda High School. 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. Approval of Minutes: October 1, 1997 October 15, 1997 (Biane absent) October 15, 1997 (Special Meeting) Approval of Warrants, Register Nos. 10/22/97, 10/29/97 and 11/5/97 and Payroll ending 10/2/97 for the total amount of $2,691,511.76. Approval to receive and file current Investment Schedule as of October 31, 1997. Alcoholic Beverage Application for On-Sale Beer and Wine for Mimis Cafe, SWH Corporation, 10909 Foothill Blvd. Alcoholic Beverage Application for On-Sale General for Chianti Restaurant Italiano, Bhatti Santokh Singh and Singh Sartaj, 8045 Vineyard Ave., Unit 1,2,6 & 7. 17 22 24 City Council Agenda November 19, 1997 Alcoholic Beverage Application for Off-Sale Beer and Wine for Texaco, Texaco Refining & Marketing Inc., NEC Foothill Blvd. & Elm Ave. Approval of request to make a determination of Public Convenience or Necessity (PCN) for the issuance of an Alcohol Beverage Control License for a cigar lounge within the Virginia Dare Business Center, located at 8034 Haven Avenue, Suite B- APN: 1077-661-02. RESOLUTION NO. 97-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE CONTROL LICENSE FOR A CIGAR LOUNGE WITHIN THE VIRGINIA DARE BUSINESS CENTER, LOCATED AT 8034 HAVEN AVENUE, SUITE B - APN: 1077-661-02 Approval for advertising of the "Notice Inviting Bids" for the construction of traffic signals and safety lighting at the intersection of Fourth Street and Turner Avenue/Hermosa Avenue, to be funded from Prop 111 Funds, Account No. 10-4637-9705, TDA Article 8 Funds Account No. 12-4637-9705 and Transportation System Development Funds Account No. 22-4637-9705. RESOLUTION NO. 97-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF FOURTH STREET AND TURNER AVENUE/HERMOSA AVENUE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Approval for advertising of the "Notice Inviting Bids" for the Senior Center Parking Lot Expansion and Alpine Street Improvements, to be funded from CDBG Funds, Account No. 28-4333-9713. Staff has determined that the project is categorically exempt per Article 19, Section 15301© of the CEGA Guidelines. 26 28 33 34 36 4O City Council Agenda November 19, 1997 10. 11. 12. 13. RESOLUTION NO. 97-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE SENIOR CENTER PARKING LOT EXPANSION AND ALPINE STREET IMPROVEMENTS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Approval to appropriate $34,300.00 from Fund 23 and $4,000.00 from Fund 19 for Plan Check Services of General City and Etiwanda Area Master Plan of Storm Drain Review for FY 1997/98. Approval of budget for the Rails-to-Trails Subcommittee. Approval of extension of Comcast Cable T.V. Franchise. RESOLUTION NO. 91-01~ ql- o~z. At~ 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 Approval of applications for Grant Funds from the Environmental Enhancement and Mitigation Program for the Metrolink Railway Station Beautification Project and the Don Tapia Trailhead facility. RESOLUTION NO. 97-174 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 RAILWAY STATION BEAUTIFICATION PROJECT 41 45 46 47 48 49 52 City Council Agenda November 19, 1997 4 14. 15. 16. RESOLUTION NO. 97-175 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 DON TAPIA TRAILHEAD FACILITY Approval to order the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for MDR 97-11, located at the north side of Arrow Route west of Etiwanda Avenue, submitted by Aire Liquide. RESOLUTION NO. 97-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR MDR 97-11 Approval of an Amendment to the Reimbursement Agreement for installation of a portion of the Area IV master Planned Storm Drain facility within Archibald Avenue from Deer Creek Channel to Feron Boulevard. RESOLUTION NO. 97-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO THE REIMBURSEMENT AGREEMENT FOR INSTALLATION OF A PORTION OF THE AREA IV MASTER PLANNED STORM DRAIN FACILITY WITHIN ARCHIBALD AVENUE FROM DEER CREEK CHANNEL TO FERON BOULEVARD Approval to award and authorization for execution of contract for the Rochester Avenue Storm Drain and Railroad Crossing Improvements, 450 feet south to 250 feet north of Eighth Street, to Laird Construction Company, Inc. (CO97-056) in the amount of $289,983.00 ($263,621.59, plus 10% contingency) to be funded from Transportation Systems Development Funds, Account No. 22- 4637-9210 and Assessment District 82-1R Funds, Account No. 83- 4637-6028. 53 54 55 58 60 61 City Council Agenda November 19, 1997 17. 18. 19. 20. 21. Approval of agreement (CO97-057) with San Bernardino County Department of Aging and Adult Services for a California Department of Aging Grant in the amount of $3,000 for Senior Citizen Outreach services for FY 1997-98. Approval to accept Street Improvements, Release of Bonds, and file a Notice of Completion for Improvements for Tract 13890-1, located on the north side of Highland Avenue, south of Banyan Street and west of Deer Creek Channel. Release: Faithful Performance $966,000.00 Irrevocable Authority to Pay #2/1/90B RESOLUTION NO. 97-178 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13890-1, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Approval to release Labor and Material Surety for CUP 95-39 street improvements, located at 12167 Arrow Highway, between Etiwanda and the I-15. Approval to accept the Rancho Cucamonga Public Library Literacy Program Improvement Project, Contract No. 96-058, as complete, Release the Bonds and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $40,165.25. RESOLUTION NO. 97-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE RANCHO CUCAMONGA PUBLIC LIBRARY LITERACY PROGRAM IMPROVEMENT PROJECT, CONTRACT NO. 96-058 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Approval to accept the Base Line Parkway Improvements, along the north side of Base Line Road, adjacent to the future Central Park, Contract No. 97-023, as complete, Release the Bonds and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $83,641.43. 69 102 103 104 105 106 107 City Council Agenda November 19, 1997 6 22. 23. RESOLUTION NO. 97-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE BASE LINE PARKWAY IMPROVEMENTS, ALONG THE NORTH SIDE OF BASE LINE ROAD, ADJACENT TO THE FUTURE CENTRAL PARK, CONTRACT NO. 97-023 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Approval to accept the widening of Arrow Route at BNSF Railroad Crossing project, Contract No. 96-056, as complete, Release the Bonds, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $98,964.30. RESOLUTION NO. 97-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE WIDENING OF ARROW ROUTE AT BNSF RAILROAD CROSSING PROJECT, CONTRACT NO. 96-056 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Approval to accept the Traffic Signal and Safety Lighting at Milliken Avenue and Victoria Park Lane, Contract No. 97-003, as complete, Release the Bonds, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $147,720.95. RESOLUTION NO. 97-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE TRAFFIC SIGNAL AND SAFETY LIGHTING AT MILLIKEN AVENUE AND VICTORIA PARK LANE, CONTRACT NO. 97-003, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 108 109 110 111 112 City Council Agenda November 19, 1997 7 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. CONSIDERATION OF AN AMENDMENT TO CHAPTER 9.30 OF THE MUNICIPAL CODE PERTAINING TO LOITERING BY MINORS ORDINANCE NO. 584 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 9.30 OF TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO LOITERING BY MINORS CONSIDERATION OF A NARCOTICS OFFENDER EVICTION REFERRAL ORDINANCE NO. 585 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND ESTABLISHING REGULATIONS APPLICABLE TO LANDLORDS RENTING PROPERTY UPON WHICH SPECIFIED DRUG AND/OR GANG RELATED ACTIVITIES ARE OCCURRING 113 116 F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. No items submitted. G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No items submitted. City Council Agenda November 19, 1997 8 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. A RESOLUTION DENYING A TAXI CAB SERVICE PERMIT TO BELL CAB CO. (San Gabriel Transit) RESOLUTION NO. 97-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPLICATION FOR THE ISSUANCE OF A TAXICAB SERVICE PERMIT ISLE'S HOUSE UPDATE AND REVIEW - RECOMMENDATIONS FOR RELOCATION AND POSSIBLE REQUEST FOR ASSISTANCE FROM CALTRANS FOR THE USE OF SURPLUS ROUTE 30 RIGHT-OF-WAY 3. ROUTE 30 AD HOC TASK FORCE MEETING UPDATE 4. PARK AND RECREATION FACILITIES UPDATE A. PARKS & FACILITIES UPDATE 1) Lions East 2) Lions West 3) RC Family Sports Center 4) Rancho Cucamonga Senior Center 5) Rancho Cucamonga Public Library 6) Etiwanda Creek Park 7) Civic Center 8) Stadium 9) Heritage Park 10) Don Tapia Park Site: 120 121 123 131 133 City Council Agenda November 19, 1997 9 B. COMMUNITY SERVICES UPDATE 1) 1997 Founder's Day Parade & Celebration 2) R.C. Family Sports Center 3) Vietnam Memorial 4) Senior Transportation 5) Community Special Events J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. L. ADJOURNMENT MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on November 13, 1997, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. October 1, 1997 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October 1, 1997, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive., Rancho Cucamonga, California. The meeting was called to order at 7:41 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Bill Curley, Deputy City Attorney; Jerry Fulwood, Deputy City Manager; Linda Daniels, RDA Manager; Jan Reynolds, RDA Analyst; Cathy Wahlstrom, RDA Analyst; Brad Buller, City Planner; Joe O'Neil, City Engineer; Jon Gillespie, Traffic Engineer; Bill Makshanoff, Building Official; Deborah Clark, Library Manager; Jennifer Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Mayor Alexander presented a Proclamation to representatives from the Catholic Daughters of Upland, Ontario, Montclair and Rancho Cucamonga recognizing October 19 as National Catholic Daughters Day. C. COMMUNICATIONS FROM THE PUBLIC C 1. John Van Dorn stated he is available to be considered for the appointment to the Park and Recreation Commission. D. CONSENT CALENDAR D1. Approval of Minutes: August 20, 1997 September 3, 1997 September 6, 1997 (adjourned meeting) ITEM REMOVED FOR CORRECTION BY COUNCILMEMBER CURATALO. City Council Minutes October 1, 1997 Page 2 D2. Approval of Warrants, Register Nos. 9/10/97 and 9/17/97 and Payroll ending 8/31/97 for the total amount of $1,397,275.79. D3. Approval to receive and file current Investment Schedule as of August 31, 1997. D4. Approval to advertise for "Notice Inviting Bids" for the Rochester Avenue, Street, storm drain and railroad crossing improvements, located 450' south to 250' north of Eighth Street to be funded from Transportation Systems Development Funds, Account No. 22-4637-9210. RESOLUTION NO. 97-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ROCHESTER AVENUE, STREET, STORM DRAIN AND RAILROAD CROSSING IMPROVEMENTS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to re-appoint Robert Howdyshell to the Library Board of Trustees. D6. Approval of County of San Bernardino's Schedule "A" for Law Enforcement services for City of Rancho Cucamonga in the amount of $9,489,480 to be paid from Account 01-4451-6028. (Continued from September 17, 1997) D7. Approval of Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Minor Development Review 96-23, located at 10037 8th Street, submitted by Nakana Foods, Incorporated. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER BIANE, RESOLUTION NO. 97-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR MINOR DEVELOPMENT REVIEW 96-23, APN: 209-201-18. D8. Approval of Improvement Agreement, Improvement Security, and ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance Districts 1 and 6 and Vacation of Vehicular Access Restriction along Arrow Route from Red Oak Street to 723 feet easterly, for Development Review 97-09, located on the northeast corner of Arrow Route and Red Oak Avenue, submitted by Kaiser Permanente. RESOLUTION NO. 97-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW 97-09 City Council Minutes October 1, 1997 Page 3 RESOLUTION NO. 97-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DEVELOPMENT REVIEW 97-09 RESOLUTION NO. 97-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF VEHICULAR ACCESS RIGHTS ON ARROW ROUTE FROM RED OAK STREET TO 723 FEET EASTERLY D9. Approval of Map, Improvement Agreement, Improvement Security and ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tracts 15727- 1 and 15727-2, located at the intersection of Fourth Street and the Cucamonga Creek Flood Control Channel, bordered by Sixth Street on the north, submitted by Cornerpointe 257, LLC. RESOLUTION NO. 97-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAPS NUMBER 15727-1 AND 15727-2, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 97-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE DRAINAGE ACCEPTANCE AGREEMENT FOR TRACT NO. 15727-1 AND SECURITY THEREFOR RESOLUTION NO. 97-153 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 & 2 FOR TRACTS 15727-1 AND 15727-2. D10. Approval of Improvement Agreement, Improvement Securities, and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance Districts 1 and 3 for Tract ;No. 14534, located at the southeast corner of Victoria Park Lane and Rochester Avenue, submitted by William Lyon Homes, Inc., a California Corporation. RESOLUTION NO. 97-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR TRACT NO. 14534 City Council Minutes October 1, 1997 Page 4 RESOLUTION NO. 97-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT NO. 14534. D11. Approval of Improvement Agreement Extension for Tract 13753, located on the northeast corner of Base Line Road and Milliken Avenue, submitted by Lewis Homes of California. RESOLUTION NO. 97-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13753 MOTION: Moved by Biane, seconded by Gutierrez to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 5-0. CORRECTION OF ITEM DI: Approval of Minutes: August 20, 1997 September 3, 1997 September 6, 1997 (adjourned meeting) Regarding the September 3 minutes, Councilmember Curatalo stated that page 10, line 10, should be corrected to read "expenditures to $1.00 per registered voter and to a $500 maximum contribution." MOTION: Moved by Curatalo, seconded by Williams to approve the September 3 minutes as corrected. Motion carried unanimously, 5-0. DISCUSSION OF ITEM D7: Approval of Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. I and 6 for Minor Development Review 96-23, located at 10037 8th Street, submitted by Nakana Foods, Incorporated. Councilmember Biane pointed out to the City Attorney that this property is adjacent to one that he is a partner in and inquired if he is eligible to vote on this. Bill Curley, Deputy City Attorney, stated this typically wouldn't have any effect on any of his interests and that he could abstain if he wanted to, but that it wasn't necessary legally. MOTION: Moved by Williams, seconded by Gutierrez to approve item D7. Motion carried 4-0-0-1 (Biane abstained). E. CONSENT ORDINANCES No Items Submitted. No Items Submitted. No Items Submitted. No items submitted. F, ADVERTISED PUBLIC HEARINGS City Council Minutes October 1, 1997 Page 5 G, PUBLIC HEARINGS H, CITY MANAGER'S STAFF REPORTS I, COUNCIL BUSINESS I1. CONSIDERATION OF RECOMMENDATION BY THE CITY COUNCIL PARK AND RECREATION COMMISSION SUBCOMMITTEE TO FILL THE UNEXPIRED TERM OF MASSIE HAZEGH (6-30-98) Mayor Alexander stated he and Councilmember Williams would like to recommend for the Council's consideration the appointment of Bob Dutton to the Park and Recreation Commission. Councilmember Gutierrez felt he was a very qualified applicant. Councilmember Biane stated he agreed and also thanked John VanDorn for coming out tonight. Councilmember Williams pointed out this will be to fill an unexpired term until June 30, 1998. MOTION: Moved by Williams, seconded by Alexander to accept the subcommittee's recommendation of the appointment of Bob Dutton to the Park and Recreation Commission. Motion carried unanimously, 5-0. J, IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. Councilmember Gutierrez clarified that at the last meeting he brought up the Sr. Mobile Home Park issue and that the Council felt it would take awhile to get the information, and that it would not come back until early 1998. K, COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. City Council Minutes October 1, 1997 Page 6 L. ADJOURNMENT MOTION: Moved by Curatalo, seconded by Biane to adjourn to executive session to discuss Labor Negotiations per Government Code Section 54957.6 to give Larry Temple, Administrative Services Director, direction in regards to the meet and confer process. Motion carried unanimously, 5-0. No action was taken in executive session. The meeting adjourned at 7:59 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: October 15, 1997 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga Fire Protection District was held on Wednesday, October 15, 1997, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive., Rancho Cucamonga, California. The meeting was called to order at 7:28 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Linda Daniels, RDA Manager; Rick Gomez, Community Development Director; Brad Buller, City Planner; Tom Grahn, Associate Planner; Cathy Morris, Planning Technician; Shintu Bose, Deputy City Engineer; Dan James, St. Civil Engineer; Bob Zetterberg, Integrated Waste Coordinator; Laura Bonaccorsi, Landscape Designer; Bill Makshanoff, Building Official; Jim Frost, City Treasurer; Suzanne Ota, Community Services Manager; Dave Moore, Recreation Superintendent; Deborah Clark, Library Manager; Diane O'Neal, Management Analyst II; Jennifer Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was: Councilmember Paul Biane. B. ANNOUNCEMENTS/PRESENTATIONS B1. Recognition of Eagle Scouts and their achievements. Mayor Alexander stated the City would like to show the community how proud they are of all the eagle scout recipients over the years because of all of their hard work to achieve this. George Matiasek, an 84 year old eagle scout, was introduced. All eagle scouts present were given certificates for this accomplishment. B2. Presentation of a Proclamation proclaiming "Second Chance Week" and "Make a Difference Day" for the week of October 18 - 25, 1997. Mayor Alexander presented the Proclamation to Bob Zetterberg, Integrated Waste Coordinator. B3. Presentation of a Proclamation proclaiming National Food Bank Week during the week of October 13- 17, 1997. City Council Minutes October 15, 1997 Page 2 Mayor Alexander presented the Proclamation to Daryl Brock and Mike Vanderpool. B4. Proclamation declaring October 23 -31, 1997, as Red Ribbon Week in Rancho Cucamonga. Mayor Alexander presented the Proclamation to Suzanne Ota, Community Services Manager. B5. Presentation of Certificates to Red Ribbon Week Design Winner and Honorable Mention Recipients. Mayor Alexander announced that the Design winner was Gina Ferraro with Honorable Mention Awards presented to Annie McMillan, Joshua Shepherd and Ashley Visner. The Council recessed at 8:15 p.m. to continue with the Fire District Agenda. The Council reconvened at 8:20 p.m. with all Councilmembers present except Councilmember Biane. ITEM H1 WAS DISCUSSED AT THIS TIME, BUT THE MINUTES WILL REMAIN IN AGENDA ORDER. C. COMMUNICATIONS FROM THE PUBLIC C1. James Markman, City Attorney, asked that item D8 be removed from the Consent Calendar since there were many people present to discuss this. C2. Laura Mulligan, 545 W. Whitgum, Glendora, commented that the Council is not willing to help the Route 66 Museum people. She referred to the letter before the Council and asked if they can offer any storage space for this organization. Mayor Alexander told her she could talk to Mr. Gomez since it was not on the agenda tonight and could not be discussed. Councilmember Gutierrez stated he would be willing to help find them some space. He stated he would meet with staff to see what he could do. Mayor Alexander pointed out that the City has in the past helped this organization. Councilmember Williams stated the City operates on public funds and that it is not easy for them to offer funds to an organization that does not give back. She stated it has been offered to work something out with them so they are a full time visitor's center, but that the City cannot offer pubic funds to a single organization. C3. Delores Swanson of the Deer Creek area stated there is a traffic problem in their neighborhood because people are using their streets as a way to get through the City. She commented that a child had been hit by a car recently on Hillside which left him injured very badly. She stated she would like to have something done to keep this from happening again. She felt the speed limit should be lowered and possibly stop signs put in along Hillside or even speed bumps to keep people from speeding and another accident happening again, City Council Minutes October 15, 1997 Page 3 Councilmember Gutierrez stated he has talked to Mrs. Swanson before and that the City will look into this. He felt there were alternatives to consider. C4. Barbara Sayers of the Rancho Cucamonga Visitors Center stated she volunteers at the Visitors Center and has helped many people that had come into their facility by answering a variety of questions they might have. She asked for any help the Council can give the Visitors Center. C5. James Barton, 5552 Canistel, stated there are two intersections on Hillside in Deer Creek that could have stop signs and also one on Canistel and Wilson that would help to make the area safer. Councilmember Williams felt Joe O'Neil, City Engineer, could get with the residents in this area to talk about their concerns. C6. Jim Frost, Eftwanda Historical Society, distributed information to the Council regarding a chronology of George Chaffey and also a resolution on the California Gold Discovery to Statehood Sesquicentennial and asked that the Council adopt a similar Resolution at their next meeting. C7. Corporal Bosk thanked former City employee Kathy Sorensen for her work on the skate park project. He also reported there was a street light out at 7812 Winery Ridge Drive and stated this has been reported several times with nothing done about it. Councilmember Williams stated she would like an informational memo on this matter. C8. Matt McBean of Alta Loma High School Band stated he was at the 1st Annual Band Spectacular last Saturday, and wanted to thank Councilmember Gutierrez for his attendance and support of the event. Councilmember Gutierrez stated he was very sorry that Gary Kendrick was not able to attend this event. Councilmember Williams stated she was out of town and could not be present, but commended all of the band participants for their hard and work and commitment to what they are doing. D. CONSENT CALENDAR D1. Approval of Minutes: September 17, 1997 D2. Approval to receive and file current Investment Schedule as of September 30, 1997. D3. Approval of Warrants, Register Nos. 9/24/97 and 10/1/97 and Payroll ending 9/4/97 for the total amount of $1,994,030.40. D4. Approval of the City of Rancho Cucamonga Multihazard Functional Disaster Plan in accordance with the Standardized Emergency Management System (SEMS). D5. Approval of a Resolution to submit the Used Oil Opportunity Grant Application to the California Integrated Waste Management Board in conjunction with the cities of Chino Hills, Fontana, Montclair, Ontario, Rialto and Upland. City Council Minutes October 15, 1997 Page 4 RESOLUTION NO. 97-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A USED OIL OPPORTUNITY 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 A USED OIL OPPORTUNITY GRANT APPLICANT AND ADMINISTRATOR D6. Approval to open escrow for the sale of the surplus property at the Grove Avenue Yard facilities. (CONTINUED FROM SEPTEMBER 3, 1997) D7. Approval to appropriate $44,710 for Fund 23-4637-9120 for General City Master Plan Drainage Reimbursement Agreements for fiscal year 1997/98. D8. Approval of the Map, Improvement Agreement, Improvement Securities, Improvement and Maintenance Agreement for the Storm Drain Channel and Emergency Access Road, and ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tentative Tract No. 14771, located north of Ringstem Drive, east of Haven Avenue, submitted by Lauren Development, Inc. ITEM REMOVED FOR DISCUSSION BY CITY ATTORNEY MARKMAN. RESOLUTION NO. 97-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 14771, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND IMPROVEMENT AND MAINTENANCE AGREEMENT FOR THE STORM DRAIN CHANNEL AND EMERGENCY ACCESS ROAD RESOLUTION NO. 97-159 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 TRACT MAP NO. 14471 D9. Approval to authorize the execution State-Local Agency Transportation Partnership Program Agreement No. SLTPP-5420, Supplement No. 009 (CO 97-050), for the Improvement of Milliken Avenue, between Foothill Boulevard and Arrow Route. D10. Approval to award and execute the contract (CO 97-051) for the Amethyst Avenue Pavement Rehabilitation Program, located on Base Line Road to 19th Street, to Laird Construction, in the amount of $102,421 ($93,110, plus 10% contingency) to be funded from Engineering Prop 111 Funds, Account No. 10- 4637-9605. Dll. Approval of a request to summarily vacate Railroad Avenue south and the unnamed alley (east collector street), otherwise known as Hanley Avenue, located to the north and east respectively of vesting Tentative Tract Map 15766. City Council Minutes October 15, 1997 Page 5 RESOLUTION NO. 97-160 A RESOLUTION OF THE cl'rY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF RAILROAD AVENUE SOUTH AND THE UNNAMED ALLEY (EAST COLLECTOR STREET), OTHERWISE KNOWN AS HANLEY AVENUE, LOCATED TO THE NORTH AND EAST RESPECTIVELY OF VESTING TENTATIVE TRACT MAP 15766 D12. Approval of Map, Improvement Agreement, Improvement Security, and ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract Map No. 15797-1, generally located south of Highland Avenue and east of Woodruff Place, submitted by Tava Development Company, a California Corporation. RESOLUTION NO. 97-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RANCHO 15797-1, RESOLUTION NO. 97-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT MAP NO. 15797-1 D13. Approval of Map, Improvement Agreement, Improvement Security, and ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract Map No. 15796-1, generally located at the northeast corner of Milliken Avenue and Victoria Park Lane, submitted by Tava Development Company, a California Corporation. RESOLUTION NO. 97-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY. RANCHO 15796-1, RESOLUTION NO. 97-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT MAP NO. 15796-1 MOTION: Moved by Gutierrez, seconded by Williams to approve the staff recommendations in the staff reports contained in the Consent Calendar with the exception of item D8. Motion carried unanimously, 4-0-1 (Biane absent). City Council Minutes October 15, 1997 Page 6 DISCUSSION OF ITEM D8: Approval of the Map, Improvement Agreement, Improvement Securities, Improvement and Maintenance Agreement for the Storm Drain Channel and Emergency Access Road, and ordering the Annexation to Landscape Maintenance District No. I and Street Lighting Maintenance District Nos. t and 2 for Tentative Tract No. 1477t, located north of Ringstem Drive, east of Haven Avenue, submitted by Lauren Development, Inc. James Markman, City Attorney, stated this is a final map and Engineering is recommending approval. Mark McGuire, representing the applicant on the final map, stated they agree with staff and their recommendation. Richard Stone, representing RC5 and Haven View Estates homeowners, stated the plan must be consistent with the General Plan. He stated whatever the General Plan was in 1981 was never amended and so the project now before the Council is not consistent with it. He continued to present more information about the General Plan and the Development Code. He reiterated the Council needs to know what the General Plan was in 1981 when this project was approved. He also stated he felt they needed to get a 2nd legal opinion about this matter. Mark Estopenian, 11045 Ranch Drive, felt his family would be at risk if this levee comes down. He stated they are asking for the Council to protect them. Tom Bradford, 5066 Granada, reported that Mr. Stone was successful in the lawsuit he had mentioned in his presentation. He also referred to the maps on the back wall. Bill Angel, 12966 Arapaho Road, stated they have not seen the revised plan for this project. He commented that the developer would have to get an easement from DWP, but that Melissa McKeith has convinced them not to grant the easement. He felt the City should let the homeowners have input into the design of the plan for the drainage. He stated they are in agreement with Mr. Stone's opinion of the plan. He felt the Council should consider the information presented to them tonight. Bruce Ann Hahn, 5087 Granada, stated she also looked at the new drainage plan at City Hall and did not agree with it because it has not been engineered yet. She did not think their area can be in Lighting District #2, but would like them to be. Mark McGuire, representing the applicant, pointed out the levee has a whole in it 80' wide. He stated the property was never owned by the Flood Control District. He stated they are going to follow the grading plan exactly when it comes time to do this work. He proceeded to present information to be made part of the record which is on file in the City Clerk's office. Stan Morris, MDS Consulting stated he designed the flood channel and explained it. He commented on the process these plans have gone through to get approvals. Councilmember Williams asked if they have designed for the 250 year storm. Mr. Morris stated they designed for the 100 year storm, but that it would handle a 250 year storm. Mr. Stone referred to the maps on the back wall and that it is California law. He brought up again what was in the General Plan in 1981. Brad Buller, City Planner, displayed a map for this area. He read sections from the General Plan and showed an overlay for the flood control. He added staff feels the project is in compliance with the General Plan. City Council Minutes October 15, 1997 Page 7 Rick Gomez, Community Development Director, pointed out County zoning was followed back in 1981. James Markman, City Attorney, stated the drainage conditions must be met before anything is built. He told the Council they need to decide if this conforms with the General Plan. He also stated Bruce Ann Hahn was correct that the Resolution needs to be changed so that this project only falls within Street Lighting District #1. Mayor Alexander stated he feels the winner in all of this will be the attorneys. He felt staff was doing an excellent job. Councilmember Curatalo stated he accepts the position of staff and the City Attorney. Councilmember Gutierrez stated he appreciates the work and opinion of all the professionals and that he appreciates the opinions of the residents. He stated he felt the General Plan was "murky" and that he agreed with the other side on this issue. He stated he would not put his name on something if he was not sure about the drainage. He stated he cannot support this, and felt there were too many questions to be answered. Mayor Alexander stated with regards to the mitigation, there is a flood control channel up there. He asked who maintains the levee. Joe O'Neil, City Engineer, stated no one because it is on private property, but now there is the flood control channel to protect everyone instead. MOTION: Moved by Curatalo, seconded by Alexander to approve Resolution Nos. 97-158 and 97-159 as corrected. Motion carried 3-1-1 (Gutierrez voted no, Biane was absent). No items submitted. E. CONSENTORDINANCES No items submitted. F. ADVERTISED PUBLIC HEARINGS No items submitted. G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS H1. APPROVAL OF DESIGN STRATEGIES TO REDUCE MAINTENANCE COSTS FOR PUBLICLY MAINTAINED LANDSCAPING TO BE ADOPTED AS POLICY THROUGH MINUTE ACTION. AS RECOMMENDED BY THE PUBLIC WORKS SUBCOMMITTEE AND WITH INPUT FROM THE PLANNING COMMISSION City Council Minutes October 15, 1997 Page 8 Staff report presented by Laura Bonaccorsi, Landscape Designer. The Council concurred with staff's recommendation. MOTION: Moved by Williams, seconded by Gutierrez to approve staff's recommendation. Motion carried unanimously, 4-0-1 (Biane). I. COUNCIL BUSINESS PARK AND RECREATION FACILITIES UPDATE A. PARKS & FACILITIES UPDATE 1) Lions East 2) Lions West 3) RC Family Sports Center 4) Rancho Cucamonga Senior Center B. COMMUNITY SERVICES UPDATE Items not identified at this time. ACTION: Report received and filed. Mayor Alexander stated he would like an update on the concert. Suzanne Ota, Community Services Manager, presented information as was in a memo distributed to the Council this evening. Mayor Alexander felt the Council needs to take an action to reimburse the people for the ticket money through the insurance money. Councilmember Curatalo asked what insurance amount would be returned to the City. Suzanne Ota, Community Services Manager, stated the City purchased $70,000 of rain insurance. Councilmember Gutierrez asked what would be the net gain from the insurance money. Suzanne Ota, Community Services Manager, stated they would probably net about $15,000. Mayor Alexander stated he would like to see this money be given to the sports groups. 12. APPOINTMENT OF SUBCOMMITTEE FOR RAILS TO TRAILS - SOUTHERN PACIFIC LINE Staff report presented by Rick Gomez, Community Development Director. MOTION: Moved by Curatalo, seconded by Gutierrez to appoint Alexander and Williams. Motion carried unanimously 4-0-1 (Biane absent). City Council Minutes October 15, 1997 Page 9 J1. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING Report on the "Guess Who" concert as stated above. K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. L. ADJOURNMENT MOTION: Moved by Curatalo, seconded by Williams to adjourn to executive session to discuss Labor Negotiations per Government Code Section 54957.6 to give Larry Temple, Administrative Services Director, direction in regards to the meet and confer process. Motion carried unanimously, 4-0-1 (Biane absent). The meeting adjourned at 10:45 p.m. No action was taken in executive session. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: October 15, ! 997 CITY OF RANCHO CUCAMONGA CITY COUNCIL M1NUTES Special Meeting A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council was held on Wednesday, October 15, 1997, in the DeAnza Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 6:30 p.m. by Mayor William J. Alexander. Present were Councilmembers: James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; and James Markman, City Attorney. Absent was: Councilmember Paul Biane. B. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. ADJOURNMENT MOTION: Moved by Williams, seconded by Curatalo to adjourn to executive session to discuss pending litigation per Government Code Section 54956.9 regarding CURE vs. City of Rancho Cucamonga. Motion carried unanimously 4-0-1 (Biane absent). The meeting adjourned at 6:32 p.m. No action was taken in executive session. Respectfully submitted, Approved: Debra J. Adams, CMC City Clerk ~ ~o ~o~ ~oo~oooo~ ~ ~o oo oo oo ~~ 2_ O~Z Z ~- I ~r ~ le ~K el V V V 't' ..-4 V V z ~ Z ~ ~ 0 Z ~ z z-~ · I ii · I ! · · Lu · i · uJ · )- · · · · · · · · · · · · · · t · · · I · II i- I B o · ~q I.- J[ !1 ! II · ! · ! · · · · w ~J · ~r P ~r ~ Lu UJ z z ~ (JZlh zu.~-, I-- I.-I ~.) ;[ ~1'(I, 11(~m // 0 Z I ~ ~f,J uJ W V · Z: I~. .J w.J Za. G. WZZ il I--A m' ~ Z UJ~ V) uJZ ~U I ~- I UJ ~ UJ ~C I I,~ · M.J.JOOOOO0 /Z A 0 .J 'i' ,- l-il. ~li~(I- I-,I · ~I I' 01 · · I~I I=I It=l- I,~I · · · · · · I- I· · · · I. · I · I I · II--I IHI It~l I~/~I lull I01 II'-I IHI · · I 'I · I I · · I' · I · · · · · I · · · · ! I · I · · · I · I I · I- i~-I I I I~ I IQI IZ I I) I I z z z,,~ a~ ~,4 i--,Y .I I,- 4~1 0 I- o I- # 11/06/1997 CITY OF RANCHO CUCAMONGA PM - 1 PORTFOLIO MA~T~R SU~4ARY CITY OCTOBER 31, 1997 CASH AVERAGE ---YIELD TO MATURITY--- PERCENT OF AVERAGE DAYS TO 360 365 INVESTMENTS BOOK VALU~ PORTFOLIO TE~M MATURITY EQU IVAL~T ~QU IVALENT Certificates of Deposit - Bank ............... $ 8,825,532.20 12.54 390 185 5.971 6.053 Local Agency InvestmentFunds ................ $ 11,437,986.58 16.26 I i 5.629 5.707 Federal Agency Issues - Cou~m: ............... $ 49,897,031.25 70.92 1,672 1,228 6.420 6.509 Mortgage Backed Securities .................... $ 194,900.88 0.28 6,526 2,587 8.906 9.030 TOTAL INVESTMENTS andAVERAGES ............. $ 70,355,450.91 100.00% 1,253 902 6.242% 6.328% ============================================================================== CASH Passbook/Checking Accounts ................... $ 646,735.23 1.973 2.000 (not included in yield calculati~s) Accrued Interest at Purchase ................. $ 7,233.90 TOTAL CASH and PURCHASE INTEREST .............. $ 653,969.13 ============================================================================== TOTAL CASH ~ INVESTMENTS ................. $ 71,009,420.04 ============================================================================== MONTH ENDING FISCAL TOTAL EARNINGS OCTOBER31 YEAR TODATE Current Year $ 371,059.87 $ 1,481,062.20 AVERAGE DAILY BALANCE $ 70,499,384.61 $ 71,312,984.14 EFFECTIVE RATE OF RETURN 6.20% 6.16% DATE I certify that this report accurately reflects all City pooled investments and is in cc~formity with the investment policy adopted August 20, 1997. A cc~y of the investment policy is available in the Administrative Services Department. The Investment Program herein sho~n provides sufficient cash flo~ llquld/ty to meet the next six mc~ths estimated exp~ndltures. The mc~th-end ~Arket values were obtained fro~ (IDC)-Interactive Data Corporatio~ pricing service. 11/o6/1997 CITY OF RANCHO CUCAMONGA INVESTMENT PORTFOLIO DETAILS - INVeSTMeNTS OCTOBER 31, 1997 CITY CASH INVESTMENT AVERAGE PURC~L~2E STATED --- YTM --- MATURITY DAYS NUMBER ISSUER BALA~C~ DAT~ BOOK VALUE FAC~ VALUE MARKET VALUE RATE 360 365 DATE TO MAT C]~TIFICATES OF DEFOSIT - BANK 00975 SANWA 05/22/96 1,500,000.00 1,500,000.00 1,500,000.00 6.000 6.000 6.083 05/26/98 206 00986 SANWA 03/05/97 1,000,000.00 1,000,000.00 1,000,000.00 5.830 5.830 5.911 03/05/98 124 00990 SANWA 04/29/97 3,000,000.00 3,000,000.00 3,000,000.00 6.240 6.240 6.327 04/29/98 179 00998 SANWA 08/06/97 1,515,000.00 1,515,000.00 1,515,000.00 5.800 5.800 5.881 08/06/98 278 00999 SANWA 09/16/97 1,810,532.20 1,810,532.20 1,810,532.20 5.720 5.720 5.799 03/16/98 135 SUBTOTALS aI%d AVERAGES 8,825,532.20 8,825,532.20 8,825,532.20 8,825,532.20 5.971 6.053 185 LOCAL AGENCY INVESTMENT FUNDS 00005 LOCAL AGENCY INVST FUND 00804 LOCAL AGENCY INVST FUND SUBTOTALS a~d AV]~RAGES 13,269,936.01 11,437,986.58 11,437,986.58 11,437,986.58 0.00 0.00 0.00 11,437,986.58 11,437,986.58 11,437,986.58 5.707 5.629 5.707 1 5.707 5.629 5.707 i 5.629 5.707 1 FED~LAGENCY ISSUES - COUPON 00964 00969 FEDERAL FARMCR~DITBANK 00973 FEDERAL FARM CR~DITBANK 00983 FEDERAL FARM CREDIT BA~K 00988 FEDERAL FARM CReDIT BANK 00996 FEDEI~AL FARM CReDIT BANK 01001 FEDERAL FARM CReDIT BANK 00922 FEDERAL HOME LOAN BANK 00940 FEDERAL HOME LOAN BANK 00962 FEDERAL HOME LOAN BA/~K 00971 FEDE~%LHOME LOA/qBANK 00974 FEDEI~J~ HOME LOAN BANK 00982 FEDEP, ALHOME LOAN BANK 00989 FED]~I~%JuHOME LOAN BANK 00991 FEDERAL HOME LOAN BANK 00997 FEDE~%L HOME LOAI~BANK 00957 00967 00968 00994 00995 01000 00947 00959 00960 00981 FED~RALFARMCR_~DIT BANK 01/16/96 03/05/96 05/20/96 12/23/96 03/27/97 07/17/97 lO/22/97 12/15/94 04/06/95 12/18/95 o3/19/96 o5/2~/96 12/3o/96 04/02/97 04/29/97 07/30/97 FEDERAL HOME LOAN I~0RTG. CO 11/20/95 F~DI~RALHOM~ LOAN~0RTG. CO 03/06/96 FEDERAL HOME LOAN ~ORTG. CO 02/22/96 FEDERAL HOME LOAN MORTG. CO 06/25/97 FEDElU~L HOME LOAN MORTG. CO 06/30/97 FEDEI~ HOME LOAN I~RTG. CO 10/22/97 FEDm~AL t~TL MTG ASSN 05/05/95 FI~DmU~L ~ATL MT~ ASSN 11/29/95 F~DERAL NATL MTG ASSN 11/24/95 FED~ NATL MTG ASSN 11/29/96 2,000,000,00 2,000~000.00 1,989,375.00 2,000,000.00 2,000,000.00 1,992,500.00 1,000,000,00 1,000,000.00 1,003,437.50 1,000,000,00 1,000,000.00 1,001,562.50 2,000,000.00 2,000,000.00 2,026,875.00 1,999,375.00 2,000~000.00 2,023,125.00 1,995,000.00 2,000,000.00 1,997,500.00 1,000,000.00 1,000,000.00 1,003,125.00 942,968.75 1,000,000.00 995,]12.50 4,000,000.00 4,000,000.00 3,991,250.00 995,312.50 1,000o000.00 1,001,875.00 1,000,000.00 1,000,000.00 1,007,812.50 1,000,000.00 1,000,000.00 1,000,937.50 2,000,000.00 2,000,000.00 2,015,625.00 1,000,312.50 1,000,000.00 1,003,125.00 1,000,000.00 1,000,000.00 1,008,437.50 2,500,000.00 2,500,000.00 2,498,437.50 1,998,750.00 2,000,000.00 1,988,125.00 1,985,312.50 2,000,000.00 1,978,125.00 3,000,000.00 3,000,000.00 3,044,062.50 1,000,000.00 1,000,000.00 1,004,375.00 2,000,000.00 2,000,000.00 2,013,125.00 1,500,000.00 1,500,000.00 1,513,125.00 4,000,000.00 4,000,000.00 3,993,750.00 1,000,000.00 1,000,000.00 1,000,000.00 2,000,000.00 2,000,000.00 1,997,500.00 6.030 6.030 6.114 01/16/01 1,172 6.165 6.165 6.251 03/05/01 1,220 6.500 6.500 6.590 05/20/99 565 6.700 6.700 6.793 12/24/01 1,514 6.620 6.620 6.712 03/27/02 1,607 6.240 6.247 6.334 07/17/02 1,719 6.350 6.422 6.511 10/22/01 1,451 8.030 8.030 8.142 12/19/97 48 5.240 7.030 7.127 11/30/98 394 6.195 6.195 6.281 12/18/00 1,143 5.880 6.053 6.137 03/19/99 503 7.025 7.025 7.123 05/21/01 1,297 6.195 6.195 6.281 06/30/00 972 6.540 6.540 6.631 04/02/01 1,248 6.518 6.500 6.590 04/21/99 536 6.544 6.544 6.635 07/30/02 1,732 6.290 6.290 6.377 11/17/00 1,112 5.990 6.005 6.088 03/06/01 1,221 5.695 5.867 5.948 02/16/01 1,203 6.630 6.628 6.720 01/24/02 1,545 6.450 6.450 6.540 06/30/00 972 6.320 6.320 6.408 10/22/02 1,816 7.270 7.270 7.371 05/08/00 919 6.230 6.230 6.317 11/28/00 1,123 5.970 5.970 6.053 11/25/98 389 6.230 6.230 6.317 11/29/01 1,489 11/06/1997 CITY OF RANCM0 CUCAMONGA PM - INVESTMENT PORTFOLIO DETAILS - INVESTMENTS CITY OC~"()B~R 31, 1997 CASH INVESTMENT AVERAGE PURCHASE STATED -~~ ~--- MATURITY DAYS NUMBER ISSUER BALANCE DAT~ BOOK VALUE FACE VALUE MARKET VALU~ RATE 360 365 DATE TO MAT FEDERALAGENCY ISSUES - COUPON 00984 FEDERAL NATL MTG ASSN 12/12/96 00992 FEDERAL NATL MTG ASSN 05/05/97 SUBTOTALS arid AVERAGES 47,432,676.41 1,980,000.00 2,000,000.00 1,993,750.00 2,000,000.00 2,000,000.00 2,053,125.00 49,897,031.25 50,139,375.00 50,000,000.00 6.160 6.378 6.467 12/14/01 1,504 7.070 7.070 7.168 05/08/02 1,649 6.420 6.509 1,228 MORTGAGE BALuLFdJ SECURITI]g,~ 00071 FEDERAL HOME LOAN MORTG. CO 02/23/87 00203 FEDERAL NATL MTG ASSN 09/21/87 00002 GOVERNMENT NATIONAL MORTG A 06/23/86 00069 GOVE!%NM]~ NATIONAL MORTG A 05/23/86 S~TALS ~nd AV]ERAGES 196,234.60 35,535.18 36,482.09 27,880.74 8.000 8.336 8.452 01/01/02 1,522 72,363.67 78,336.86 77,915.23 8.500 9.557 9.689 09/01/10 4,687 64,233.78 65,129.31 51,956.34 8.500 8.621 8.740 05/15/01 1,291 22,768.25 22,321.81 2,559.71 9.000 8.534 8.652 03/15/01 1,230 194,900.88 160,312.02 202,270.07 8.906 9.030 2,587 TOTAL INVESTME/4TrS and AVG. $ 70,355,450.91 70,563,205.80 69,724,379.22 70,465,788.85 6.242% 6.328% 902 1~/o~/~997 CITY OF RANCHO CUCAMONC, A INVESTMENT PORTFOLIO DETAILS - CASH OCTOBER 31, 1997 CI~'Y CASH INV]~TMENT AVERAGE PURCHAS~ STATED --- YTM --- MATURITY DAYS NUMBER ISSUER BALANC~ DATE BOOK VALUE FAC~ VALUE MARIET VAI/~ RAT~ 360 365 DATE TO MAT CHECKING/SAVINGS ACCOUNTS 00180 BA/qKOFAMERICA 612,871.62 2.000 1.973 2.000 00979 BAi~KOFAME~ICA 0.00 2.000 1.973 2.000 00985 BANK OF AMERICA 33,863.61 2.000 1.973 2.000 SUBTOTALS a31d AVERAGES 775,005.39 646,735.23 1.973 2.000 Accrued Interest at Purchase 7,233.90 TOTAL CASH $ 653,969.13 TOTAL CASH and INVESTMENTS $ 70,499,384.61 71,009,420.04 11/06/1997 CITY OF RANCHO CUCA~0NGA PORTFOLIO MASTRR INVESTMENT ACTIVITY BY TYPE OCTOBER 1, 1997 - OCTOBER 31, 1997 CITY CASH STATED TRANSACTION PURCHASES SALES/MATURITIES TYPE INVESTMENT # ISSUER RATE DATE OR DEPOSITS OR WITHDRAWAL~ BALANCE CERTIFICATES OF DEPOSIT - BANK BEGINNING BALANCE: 8,825,532.20 8,825,532.20 LOCAL AGENCY I1TVESTNFENT FUNDS (Monthly Summary) 00005 LOCAL AGENCY INVST FUND 5.707 00804 LOCAL AGENCY INVST FUND 5.707 SUBTOTALS ~ ENDING BALANCE 6,364,969.13 BIDGINNING BALANCE: 4,500,000.00 9,573,017.45 6,364,969.13 4,500,000.00 11,437,986.58 CHECKING/SAVINGS ACCOUNTS (Month/y Summa_v%;) 00180 BANK OF AMERICA 2.000 2,129,000.00 00979 BAI~K OF AMERICA 2.000 00985 BANK OF AMERICA 2.000 525.00 SI/BTOTALS and ENDING BALANCE 2,129,525.00 BEGINNING BALANCE: 3,938,000.00 2,455,210.23 3,938,000.00 646,735.23 FEDERAL AGENCY ISSUES - COUPON 00978 FEDEI~AL FARM ~IT BANK 6.610 00993 FEDEI~l%L FARM CREDIT BANK 6.310 01001 FRDERAL FARM CRRDIT BANK 6.350 01000 FEDERAL HOME LOAN MORTG. CORP. 6.320 SUBTOTALS and ENDING BALANCE lO/O6/1997 lO/Ol/1997 10/22/1997 1,995,000.00 10/22/1997 2,000,000.00 BEGINNING B~J~CE: 1,500,000.00 1,993,125.00 49,395,156.25 3,995,000.00 3,493,125.00 49,897,031.25 MORTGAGE BAC~u SECURITIES 00071 FEDERAL HOME LOAN MORTG. CORP. 8.000 00203 FEDERAL NATL MT~ ASSN 8.500 00002 GOVERNMENT NATIONAL MORTG ASSN 8.500 00069 GOVI~RNMENT NATIONAL 14ORTG ASSN 9.000 SUBTOTAI~ Ud ENDING BALANCE TOTALS BEGINNING BALANCE: $ BEGINNING BALANCE: 10/15/97 849.76 10/27/97 447.62 10/16/97 1,169.70 lO/O6/97 53.03 197,420.99 0.00 2,520.11 194,900.88 70,446,337.12 12,489,494.13 11,933,645.11 71,002,186.14 ======================================================================== 2; APPLICATION FOR ALCOHOL BEVERAGE DROPPING PARTNER YES NO X 10c)0~ Foot~11 Blvd. P~qncho Cucamonga CA ~n Bernardino ~e~ LICENSE(S]:I E C E I V E D TO: Department of Alcoholic Beverage Control 3737 Main St., Ste. 900 Riverside, CA 92501 (909) 782-/~A00 DISTRICT SERVING LOCATION: SANTA ANA Name of Business: MIMIS CAFE Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? Mailing Address: (If different from premise address) If premise licensed: Type of license Transferor's names/license: File Number ..............327748 Receipt Number ......... 1154076 $[:'P 2 51997 Geographical Code ........ 3615 Copies Mailed Date 9-15-9~ity O! Rancho Cucamonga Issued Date Planning Division 9173O 17852 E 17TH ST SO BLDG STE 108 TUSTIN CA 92780 41 SWH CORPORATION 288054 License TYPe Transaction Type Fee TyPe Master DUD Date Fee 1. 41 ON-SALE BEER AND W STOCK OWNERSHIP NA YES 0 SEP 10,1997 $150.00 : 2. 41 ON-SALE BEER AND W MULTIPLE STOCK TRANSFE NA NO 23 SEP 10,1997 $2300.00 TOTAL $2450.00 Have you ever been Have you ever violated any provisions of the Alcoholic Bevera~n~o~.l convicted of a felony? NO Act, or regulations of the Department pertaining to the Act? Y~.~) Explain any "Ye~" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensec, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of ORANGE Date SEP 10,1997 Under penalty of perjury, each person whose signature appears below, certifies and says: (I) He is an applicant, or one of the applimnts, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that be has read the foregoing ~d knows the contents thomof and that each of the above statements therein made are true; (3) Ihal no person other than the appScant or applicants has any dire~ or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the msf:r application or proposed transfer is not made to satisfy ~he payment of a loan or to fulfill an agrnemem entered into more than ninety (90) days preceding the day on which the msfer application is filled with the Department or ~o gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor. (5) that t3e transfer application may be withdrawn by either t~e applicant or the licensec with no resulting liability to Ihe Department. Applicant Name(s) Applicant Signature(s) SWH CORPORATION 211 Sig Attached Attached 231 sign off & 227A's for all locations with the exceptions of L.A, Orange & Ventura counties (to follow) I I According to the Case Processor in ABC, the violation happened 5 years ago and was in one of the stores in L.A. County. ABC 211 (5196) 2Z CA L! ~O~NI A DROPPING YES APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S) TO: Department of Alcoholic Beverage Control 3737 Main St., Suite 900 Riverside, CA 92501 (909) 7824400 File Number .............. 335321 Receipt Number ......... 1155221 Geographical Code ........ 3615 Copies Mailed Date 9-17-97 Issued Date PARTNER NO __~~ RECEIVED SEP 5 1997 City ol Rancho Cucamonga Planning Division DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? Mailing Address: (If different from premise address) If premise licensed: Type of license RIVERSIDE CHIANTI RESTAURANT ITALIANO 8045 VINEYARD AVE UNIT 1,2,6 & 7 RANCHO CUCAMONGA CA 91730 SAN BERNARDINO YES 24960 REDLANDS AVE SAN BERNARDINO CA 92408 Transferor's names/license: WHITWORTH YANCY E 289709 License TYpe Transaction TyPe Fee TYPe Master DUD Date Fee 1. 47 ON-SALE GENERAL EA PERSON TO PERSON TRANS P40 YES 0 SEP 17,1997 $1250.00 : 2. 47 ON-SALE GENERAL EA PREMISE TO PREMISE TRA P40 YES 0 SEP 17,1997 $100.00 : 3. 47 ON-SALE GENERAL EA ANNUAL FEE P40 YES 0 SEP 17,1997 $695.00 TOTAL $2045.00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? NO Act, or regulations of the Department pertaining to the Act? NO Explain any "Yes" answer to the above questions on an atlachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensec, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date SEP 17,1997 Under p~nalty of perjury, each person whose signature appears below, certifies and says: (I) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the Iransfer application is filled with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensec with no resulting liability to the Department. Applicant Name(s) BHATTI SANTOKH SINGH~.--~ SINGH SARTAJ.. Applicant Signature(s) ABC 2ll (5/96) zq C u_ _O~v~ C,q[IfOllNIA DROPPING YES APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S) TO: Department of Alcoholic Beverage Control 3737 Main St., Suite 900 Riverside, CA 92501 (909) 782..44oo File Number .............. 334889 Receipt Number ......... 1153121 Geographical Code ........ 3615 Copies Mailed Date 9-4-97 Issued Date DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits.'? Mailing Address: (If different from premise address) If premise licensed: Type of license Transferor's names/license: License TYPe (Section 23817.7) 1. 20 OFF-SALE BEER AND 2. 20 OFF-SALE BEER AND : 20 OVERPAYMENT RIVERSIDE TEXACO NEC FOOTHILL BLVD AND ELM AVE RANCHO CUCAMONGA CA 91730 SAN BERNARDINO YES 9485 HAVEN AVE STE 100 RANCHO CUCAMONGA CA 91730 Transaction TvDe Fee TYPe Master DUD Date ORIGINAL NA YES 0 SEP 04,1997 ANNUAL FEE NA YES 0 SEP 04,1997 Fee $100.00 : $34.00 $50.00 TOTAL $184.00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? Act, or regulations of the Department pertaining to the Act? Explain any "Yes" answer to the above questions on an attachment which shall be deemed pgxt of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date SEP 04,1997 Under penalty of perjury, each person whose signature appears below, certifies and says: (I) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filled with the Depa~ment or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensec with no resulting liability to the Department. Applicant Name(s) Applicant Signature(s) TEXACO REFINING AND MARKETING INC (P-12) see attached ABC-211sig for signature attached ABC-211 sig ABC 2ll (5/96) /~ t~ DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT November 19,1997 Mayor and Members of the City Council Jack Lain, AICP, City Manager Brad Buller, City Planner Nancy Fong, AICP, Senior Planner PUBLIC CONVENIENCE OR NECESSITY 97-03 - GOOD FELLAS FINE CIGARS - Consideration of a request to make a determination of Public Convenience or Necessity (PCN) for the issuance of an Alcohol Beverage Control License for a cigar lounge within the Virginia Dare Business Center, located at 8034 Haven Avenue, Suite B - APN: 1077-661-02. RECOMMENDATION Approve the determination of "Public Convenience or Necessity" through the adoption of the attached Resolution and forward a copy to the Department of Alcoholic Beverage Control. ANALYSIS Background: Good Fellas Fine Cigars is a cigar lounge. On November 12, 1997, the City Planner approved Conditional Use Permit 97-37, for the serving of beer and wine in the lounge area. The lounge area also includes two pool tables. The hours of operation are Monday through Thursday from 8:00 a.m. to 10:00 p.m., Fdday 8:00 a.m. to 12:00 midnight, and Sunday 10:00 a.m. to 8:00 p.m. The site is within the Virginia Business Center at the northeast corner of Foothill Boulevard and Haven Avenue. It is a mixed use center consisting of offices, a multi-screen theater, and restaurants. The adjacent restaurants (Shelleys and the Havana Hut) serve alcoholic ddnks. The site has sufficient parking to accommodate these uses. Requirements from Department of Alcohol Beverage Control: The Department of Alcohol Beverage Control regulates the distribution of liquor licenses by setting limits on the different types of licenses in each Census Tract. The limits are calculated from the ratio of liquor licenses to the population of the Census Tract. According to Alcohol Beverage Control staff, there are currently 18 active licenses within Census Tract 20.05 which has a limit of 18. When a Census Tract's limit has been reached, additional liquor licenses can be issued only if the City determines that the license would serve the publids convenience or necessity as required by Section 23958 of the Business and Professional Code. The legislation purposefully left the term "public convenience and necessity" undefined so that the local legislative body (City Council) has the greatest latitude, based on local conditions and determinations. CITY COUNCIL STAFF REPORT PCN 97-03 - GOOD FELLAS FINE CIGARS November 19, 1997 Page 2 Facts to Support a Public Convenience or Necessity Determination: The following are facts that support the requested "Public Convenience or Necessity." On November 12, 1997, Conditional Use Permit 97-37 was issued for a bar within a cigar lounge. 2. The site is along two major artedat streets, which is suited for this type of business. The site is not close to sensitive users such as day care facilities, schools or churches. Rancho Cucamonga residents would be afforded more shopping opportunities for personal and convenience items. CONCLUSION Based on the above analysis, staff finds the issuance of an on-site sale of beer and wine license would not have a negative impact to the surrounding uses. Staff recommends approval of the attached Resolution. Respectfully submitted, Brad Buller City Planner BB:NF/taa Attachments: Exhibit "A" - Applicant's Alcohol Beverage Control Application Exhibit "B" - Site Plan Exhibit "C" - Census Tract and Location Map Resolution of Approval 2? C~LIfO~NIA RPPLICRTION FOR RLCOHOL TO: Department of Alcoholic Beverage Control 3737 Main St., Suite 900 Riverside, CA 92501 (909) 782-4400 DROPPING YES BEVERAGE LICENSE(S) File Number .............. 3357 11 Receipt Number ......... 1156754 Geographical Code ........ 3615 Copies Mailed Date 9-26-97 Issued Date PARTNER NO DISTR. ICI' SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? If premise licensed: Type of license Transferor's names/license: RIVERSIDE GOOD FELLA'S FINE CIGARS 8034 HAVEN AVE STE B RANCHO CUCAMONGA CA SAN BERNARDINO YES 91730 License TYPe Transaccion Type Fee TYPe Master DUD Da~e Fee 1. 42 ON-SALE BEER AND W ORIGINAL NA YES 0 SEP 26,1997 $300.00 : 2, 42 ON-SALE BEER AND W ANNUAL FEE NA YES 0 SEP 26,1997 $205.00 : 3. 42 ON-SALE BEER AND W STATE FINGERPRINTS NA YES 2 SEP 26,1997 $78.00 TOTAL $583.00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? NO Act, or regulations of the Department pertaining to the Act? NO Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensec, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date SEP 26,1997 Under penalty of perjury, each person whose signature appea~ below, cerdfies and says: (I) He is an appticant. or one of the applicants. or an executJve officer of the applicant corporation. named in the foregoing application. duly authorized to make this application on its behalf; (2) tha~ he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant o~ applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this applica6on is made; (4) that the transfer application or proposed u'ansfer is not mede to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filled with ~e Department or to gain or establish a prefe~enct to or for any cred tot or transferor or to defraud or injure any creditor ofU-ansf~ror; (S) that the transf~ application may be withdrawn by either the applicant or the lic~nsee with no resulting liability ~o the Department. Applicant Name(s) Applicant Signa~r~(s). BRUNCATI DANIEL J ABC 211 (5/96) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE CONTROL LICENSE FOR A CIGAR LOUNGE, LOCATED AT 8034 HAVEN AVENUE, SUITE 8, AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND HAVEN AVENUE - APN: 1077-661-02. A. Recitals. 1. Daniel J. Bruncati has filed an application for an off-site sale of liquor, beer, and wine license from the Department of Alcohol Beverage Control. 2. Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination that the issuance of the said license will serve the public convenience or necessity. 3. On the 19th day of November 1997, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. 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 City Council as follows: 1. This Council 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 Council dudng the above-referenced meeting on November 19, 1997, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: On November 12, 1997, Conditional Use Permit 97-37 was issued for a bar within a cigar lounge. b. The site is along two major arterial streets, which is suited for this type of business. The site is not close to sensitive users such as day care facilities, schools or churches. do Rancho Cucamonga residents would be afforded more shopping opportunities for personal and convenience items. 3. Based upon the findings set forth in paragraphs I and 2 above, this Council concludes that the on-site sale of beer and wine will not have a negative impact to the surrounding uses. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3 above, this Council hereby determines that the issuance of an on-site sale of beer and wine license for a cigar lounge serves the public convenience or necessity. 5. The City Clerk shall certify the adoption of this Resolution. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 19, 1997 TO: Mayor and Members of the City Council Jack Lain, AICP, City Manager FROM: Wffliam J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer SUBJECT: AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF FOURTH STREET AND TURNER AVENUE/HERMOSA AVENUE, TO BE FUNDED FROM PROP 111 FUNDS, ACCOUNT NO. 10-4637-9705, TDA ARTICLE 8 FUNDS ACCOUNT NO. 12- 4637-9705 AN]) TRANSPORTATION SYSTEMS DEVELOPMENT FUNDS ACCOUNT NO. 22-4637-9705 RECOMMENDATION: It is recommended that the City Council approve plans and specifications for the construction of Traffic Signals and Safety Lighting at the Intersection of Fourth Street and Turner AvenueF'rlermosa Avenue, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS: The subject project plans and specifications have been completed by staff and approved by the City Engineer. The Engineer's estimate for construction is $138,000.00. Legal advertising is scheduled for November 25, 1997 and December 2, 1997, with the bid opening at 2:00 p.m. on Tuesday, December 16, 1997. Respectfully submitt. ed, Willi0_~J. O'Neil City Engineer WJO:LRB:ls Attachment FODTHILL I~_VD. JERSEY AVE. 8*h STREET 6~h STRE~ T ~ CITY [IF RA~NC~ CUCAI'~NGA CITY ~ DNTARII~ 1-10 ARRO~ ROUTE RESOLUTION NO. q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF FOURTH STREET AND TURNER AVENUE/HERMOSA AVENUE, IN SAID CITY AND AUTHORIZING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "Traffic Signals and Safety Lighting at the Intersection of Fourth Street and Turner Avenue/Hermosa Avenue". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law tbr the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, December 16, 1997, sealed bids or proposals for the "Traffic Signals and Safety Lighting at the Intersection of Fourth Street and Turner Avenue/Hermosa Avenue" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided lbr the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of Traffic Signals and Safety Lighting at the Intersection of Fourth Street and Turner Avenue/Hermosa Avenue Improvements". PREVAILING WAGE: Notice is hereby given that in accordance xvith the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not ..*4 RESOLUTION NO. November 19, 1997 Page 2 less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are hvailable to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate ~vill also fix the ratio of apprentices to .journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. 37 RESOLUTION NO. November 19, 1997 Page 3 The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the dmployment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, worMnan, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the perfo~wnance of the work contracted to be done by the Contractor, or any RESOLUTION NO. November 19, 1997 Page 4 work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Ranch{5 Cucamonga. Contractor shall possess any and all contractor licenses, in forn~ and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The xvork is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non refundable. Upon written request by the bidder. copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this 19th day of November, 1997. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 19, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Lindfi R. Beek, Jr. Engineer AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE SENIOR CENTER PARKING LOT EXPANSION AND ALPINE STREET IMPROVEMENTS, TO BE FUNDED FROM CDBG FUNDS, ACCOUNT NO. 28-4333-9713 RECOMMENDATION: It is recommended that City Council approve the plans and specifications for the "Senior Center Parking Lot Expansion and Alpine Street Improvements", and approve the attached Resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". Staff has determined that the project is categorically exempt per Article 19, Section 15301(c) of the CEQA Guidelines. BACKGROUND/ANALYSIS: The subject project plans and specifications have been completed by staff and approved by the City Engineer. The Engineer's estimate for construction is $114,974.00. The scope of work includes additional paved and striped parking lot and safety lighting, relocation of the drive approach and construction of street improvements on Alpine Street. Legal advertising is scheduled for November 25, 1997 and December 2, 1997, with the bid opening at 2:00 p.m. on Tuesday, December 16, 1997. Respectfully submitsted, William'3'. O'Neil City Engineer WJO:LRB:ls Attachments RESOLUTION NO. ~' Z-' / 73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE SENIOR CENTER PARKING LOT EXPANSION AND ALPINE STREET IMPROVEMENTS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in th~ City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "Senior Center Parking Lot Expansion and Alpine Street Improvements Project". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVIT1NG SEALED BIDS OR PROPOSALS" This project is federally financed by the U.S. Department of Housing and Urban Development (24 CRF, Part 57) for the purpose of providing improvements pursuant to the Americans with Disabilities Act and is subject to certain requirements including the payment of Federal prevailing wages, compliance with "Section 3 - Affirmative Action Requirements", Executive Order # 11246 and others. The aforementioned are described in the "Special Federal Provisions" section of the bid documents. Additional information pertaining to the Federal requirements is on file with the City of Rancho Cucamonga's Community Development Department. Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, December 16, 1997, sealed bids or proposals for the "SENIOR CENTER PARKING LOT AND ALPINE AVENUE STREET IMPROVEMENTS" in said City. A mandatory pre-bid meeting will be held on Tuesday, December 9, 1997, at 10:00 a.m. in the Rains Room, located in the offices of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California. All prime contractors are required to have a representative attend and sign in at the pre-bid meeting. Failure to comply with this attendance and sign-in requirement will result in the Bidder's proposal being found non-responsive to the required bid procedures. At the pre-bid meeting, new Section 3 requirements will be explained to facilitate completion of the required Section 3 documents in the bid proposal. Award of the project will be contingent on the complete content of these Section 3 documents. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, ql RESOLUTION NO. November 19, 1997 Page 2 Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of SENIOR CENTER PARKING LOT AND ALPINE AVENUE STREET IMPROVEMENTS." AFFIRMATIVE ACTION: The City of Rancho Cucamonga hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises iMll be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin, in consideration for the award. MINIMUM WAGE RATE: Notice is hereby given that this project is funded with U.S. Department of Housing and Urban Development funds and that the rate of wages for each craft or type of workman or mechanic employed under this contract shall be not less than as specified under the U.S. Department of Labor General Wage Decision in the locality in which the work is to be performed as modified within ten (10) days prior to the bid opening date as required under the Davis-Bacon Act. Notwithstanding the conditions hereinabove, the California Labor Code Division 2, Part 7, Chapter 1, Articles 1 & 2, stipulates that not less than the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute the contract in the locality in which the work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as determined by the Director of Industrial Relations of the State of California shall be paid to all workmen employed. Where a discrepancy exists between the federal and state prevailing wage rates, the policy of the California Department of Labor is to require that the higher of the two prevailing wage rates shall apply. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or RESOLUTION NO. November 19, 1997 Page 3 When the number of apprentices in training in the area exceeds a ratio of one to five, or Go When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or Do When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight joun/eymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. BONDS: The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any RESOLUTION NO. November 19, 1997 Page 4 materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this 19th day of November of 1997. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 19, 1997 Mayor and Members of the City Council Jack Lain, AICP, City Manager William J. O'Neil, City Engineer Shifftu Bose, Deputy City Engineering APPROVAL TO APPROPRIATE $34,300.00 FROM FUND 23 AND $4,000.00 FROM FUND 19 FOR PLAN CHECK SERVICES OF GENERAL CITY AND ETIWANDA AREA MASTER PLAN OF STORM DRAIN REVIEW FOR FY 1997/98 RECOMMENDATION It is recommended that the City Council approve an appropriation of $34,300.00 from Fund 23 and $4,000.00 from Fund 19 for plan check services of City master plans of storm drain review for FY 1997/98. BACKGROUND/ANALYSIS The General City and Etiwanda Area Master Plan of Storm Drain review will update and expand the existing record information and maps. In addition, an analysis of system estimated cost will be performed. The proposal cost submitted for plan check services is $38,288.00. Consistent with this proposal, $34,300.00 from Fund 23 and $4,000.00 from Fund 19 needs to be appropriated for plan check services. Respectfully submitted, Willi City Engineer WJO:SB:sd DATE: TO: FROM: SUBJECT: CITY OF RANCHO CUCAMONGA MEMORANDUM November 19, 1997 Members of the City Council William J. Alexander and Diane Williams City Council Rails to Trails Subcommittee CONSIDERATION TO ESTABLISH BUDGET FOR CITY COUNCIL'S RAILS TO TRAILS SUBCOMMITTEE Recommendation The City Council approve the establishment of the City Council's Rails to Trails Subcommittee budget in the amount of $1600 for Fiscal Year 1997/98 to be funded from Reserves. Background The City Council approved establishing the Rails to Trails City Council Subcommittee at its October 15, 1997 meeting. We have since met to establish the budget for this Subcommittee and to discuss preliminary concepts for the City's direction regarding Rails to Trails. Analysis Since the adoption of the General Plan in 1981, the City has had a vision of creating a multi-use Community Trail along the Souther Pacific Rail (SPRR) Line. The former Southem Pacific Railroad line bisects the City from east to west, roughly paralleling Base Line Road for most of its 7.5 mile length. The corridor adjoins Central Park. Under the National Trails Act of 1983, railroad companies can be compelled to "railbank" abandoned segments against possible future rail need. In the meantime, they can be publicly managed as trails. The Rails-To-Trails Conservancy (RTC) was formed in 1985 to assist local govemments in creating trails on unused rail corridors. RTC has successfully established close to 1,000 rail-trails in 48 states stretching 10,000 miles. We believe the City should join the RTC and participate in the First International Trails and Greenways Conference to be held in San Diego in January of 1998. The above budget amount will meet what we believe will be needed for Fiscal Year 1997/98. Respectfully Submitted, William J. Alexander City Council Rails to Trails Subcommittee Respectfully Submitted, Diane Williams City Council Rails to Trails Subcommittee CITY OF RANCHO CUC.-~MONGA STAFF REPORT DATE: TO: FROM: SUBJECT: November 19, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager a~ Duane Baker, Assistant to the City M EXTENSION OF COMCAST CABLE T.V. FRANCHISE RECOMMENDATION Adoption ogResolution No. 91-012~t extending Comcast's Franchise License £or 90 days. BACKGROUND The City staff would appreciate the opportunity to continue with the negotiations with Comcast to insure that every opportunity has been made available to Comcast to obtain a Franchise License. DAB:kls Attachment CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: November 19, 1997 TO: FROM: SUBJECT: Mayor and Members of the City Council Jack Lam, AICP, City Manager ~ Debra J. Adams, CMC, City Clerk ~.~ CItANGE OF RESOLUTION NUMBER Please note Consent Calendar item D 12 has a Resolution No. of 91-012AAA. The correct number should read 91-012BB. /dja RESOLUTION NO. 91-012AAA 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 WHEREAS, the Franchise License granted to Comcast Cable T.V. by the County of San Bernardino and has been grandfathered into the City of Rancho Cucamonga; and WHEREAS, negotiations are ongoing between the City of Rancho Cucamonga and Comcast Cable T.V.; and WHEREAS, all terms and conditions of the current license will continue the same. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve to extend the Franchise License for 90 days after the expiration of the current County of San Bernardino License. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 19, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Laura Bonaccorsi, Landscape Designer APPROVAL OF APPLICATIONS FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FOR THE METROLINK RAILWAY STATION BEAUTIFICATION PROJECT, AND THE DON TAPIA TRAILHEAD FACILITY RECOMMENDATION It is recommended that the City Council approve the attached resolutions approving grant applications through the State-funded Environmental Enhancement and Mitigation (EEM) program. BACKGROUND/ANALYSIS Each year, the Resources Agency of California solicits local agencies to apply for grants under the Environmental Enhancement and Mitigation Program (EEMP). This program was established by the enactment of the Transportation Blueprint Legislation of 1989 (AB 471, Katz) and its intent is for the Legislative to allocate $10 million annually. Accordingly, staff is recommending the subject two projects. Metrolink Railway Station Beautification: North of the Metrolink site and west of the Milliken Avenue Underpass are two parcels totaling 3.1 acres, between the rail line and two spurs. Inadvertently "orphaned" by the Railway, this triangular lot provides a unique opportunity for station enhancement. The project, Rancho Cucamonga Station Beautification, proposes to create a transit "oasis" through the installation of expanded pedestrian plazas which will feature cultural exhibits of art and local history, plus scenic landscaping and demonstration gardens. The proposed landscaping will help to buffer Santa Ana winds and screen industrial views. Overall, the improvements will promote Rancho Cucamonga as an attractive, vibrant community while making rail transit a more positive experience. CITY COUNCIL STAFF REPORT APPLICATIONS FOR GRANT FUNDS November 19, 1997 Page 2 Don Tapia Trailhead Facility This project which is located on Alta Cuesta Drive, south of Base Line Road, will provide a trail head/staging area and the next segment of the Cucamonga/Demens Community Trail between Base Line Road and Foothill Boulevard. The location, which is currently undeveloped, is basically a widened area between Alta Cuesta Drive, and the flood control channel, which fronts on to residential property. Development of this facility would greatly enhance the overall appearance of this corridor, as well as provide a desperately needed connection with the trail system. Also, the proposed staging area at the Don Tapia Trailhead Facility provides a very necessary access point in the heart of the community to the trail system for multi-use. It provides opportunity for users to park automobiles and transition to bicycles, horses, or foot travel for recreational purposes or to reach schools, parks, business areas, industrial sites, libraries, residential areas and work sites. Respectfully submitted, William J. O'Neil City Engineer WJO:LB:dlw Attachments VICINITY MAP ::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::: '.':':i:i:i:i:i:.:.::: ::':'~ :!::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::: :': .'.';';';'R.Z.; ........ '.'Z'R.; ........ R-;.:.;.:.:.: ........ ;;:;:;:::: :::::;:::;: ; ; ;;Z: : : ; : ::;::;: : ::;:;::::::: ;:: : ;:;:;;:: · ' '.'.'.-;' .;.;.;.;.' ' '.'.'.* · ';': .... ' ' I' '"'""":': .... :.:.:.'.'.'.'.'.-Z-:. · .:-:-:-'.'.'.'.'.-Z.: ..... ;.:.:...'.....-.-..:..'p.~k,' ~ .;.. · O.~'t an - ~ I:::: :i: :::::::::::::::::::::: :!:;:;: ::.':~ ::::::::::::::::::::::::::::::: :::::::: Ii::::::::= ~;:Z.:-:-:;: .';::: ;:: ;.:.:.;.:..~ I:::;:: ::;':':':-R-:.;:: Z · I::: ..~ Hds~e w,..,,I "'"'"'--'-'-"'"~::;:;:.:::~'1,,.-, ./ ~ · TRAILHEAD FACILITY r\ ,~, , a I /~,, I RANCHO CUCAMONGA r") i // ~ I METROLINK STATION ~'~ ~'~ ~'-"~ //~ .._.i ;_. ,,, ..~, ....., .....· CITY HALL CITY OF RANCHO CUCAMONGA .5'/ RESOLUTION NO. 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 RAILWAY STATION BEAUTIFICATION PROJECT WHEREAS, the Legislature of the State of California has enacted AB471 (Chapter 106 of the Statutes 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 Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California 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 requires 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 California to carry out the environmental enhancement and mitigation project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA: Approves the filing of an application for the Environmental Enhancement and Mitigation Prograin for grant assistance. Certifies that said applicant will make adequate provisions for operation and maintenance of the project. o 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. RESOLUTION NO. ~ ~-"/7.5' 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 DON TAPIA TRAILHEAD FACILITY WHEREAS, the Legislature of the State of California has enacted AB471 (Chapter 106 of the Statutes 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 Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California 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 requires 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 California to carry out the environmental enhancement and mitigation project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA: Approves the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance. Certifies that said applicant will make adequate provisions for operation and maintenance of the project. 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. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 19, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Marfa E. Perez, Assistant Engineer APPROVAL 'TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR MDR 97-11, LOCATED AT THE NORTH SIDE OF ARROW ROUTE WEST OF ETIWANDA AVENUE, SUBMITTED BY AIRE LIQUIDE RECOMMENDATION It is recommended that the City Council adopt the resolution ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6. BACKGROUND/ANALYSIS The Improvement Agreement for MDR 97-11 and cash security were approved and accepted respectively on August 20, 1997, at a regularly scheduled City Council meeting. A cash deposit was placed as security to allow the developer to construct prior to completion. In compliance with the conditions of approval for MDR 97-11, the developer has signed the Consent and Waiver to Annexation. The form is on file in the City Clerk's office. Respectfully submitted, City Engineer Attachments WJO: RESOLUTION NO. t~ 7-'/7d., A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR MDR 97-11 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special mfiintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (hereinafter referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an 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 in Exhibit "A" and the work program areas as deschbed in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder. EXHIBIT 'A' ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 3B STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 -- - FOOTtllLL -- - OOULE VAnO I,b CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA &~¢_. L~, o ¥ EXHIBIT "B" WORK PROGRAM PROJECT: MDR 97-11 STREET LIGHTS: Dist. 580QL S1 --- S6 --- NUMBER OF LAMPS 9500L 16.000L 22.000L 27,500L LANDSCAPING: Dist. L3B Community Equestrian Trail D.G.S.F. Turf Non-Turf Trees S.F. S.F. Ea. ...... 12 * Existing items installed with original project. ASSESSMENT UNITS: Parcel Assessment Units By District DU or Acres S 1 S6 L3B 19.24 38.48 19.24 19.24 Annexation Date: November 19, 1997 Form Date 11/16/94 57 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: November 19, 1997 Mayor and Members of the City Council, Jack Lam, AICP, City Manager William J. O'Neil, City Engineer APPROVAL OF AN AMENDMENT TO THE REIMBURSEMENT AGREEMENT FOR INSTALLATION OF A PORTION OF THE AREA IV MASTER PLANNED STORM DRAIN FACILITY WITHIN ARCHIBALD AVENUE FROM DEER CREEK CHANNEL TO FERON BOULEVARD RECOMMENDATION It is recommended that the City Council adopt the attached Resolution approving an amendment to the Reimbursement Agreement for installation of a portion of a Master Planned Storm Drain Facility in connection with Development Review 94-04, and authorize the Mayor to sign said agreement and the City Clerk to attest thereto. BACKGROUND/ANALYSIS On June 4, 1997 the Redevelopment Agency entered into and the City Council approved a storm drain reimbursement agreement to be refunded the cost of the storm drain facilities in excess of the drainage fees credited to the respective development. The reimbursement previously approved indicated the fees credited to the project as $2,986,000 in paragraph 3. The fee credits allowed the development were $67,800. The total amount of construction that qualified for reimbursement was $2,918,200 ($2,986,000-$67,800). Additionally, an itemized cost estimate, Exhibit "A" of paragraph 4, has been provided. This item appears on the Rancho Cucamonga Redevelopment Agency Agenda as well for their approval and execution. Respectfully submitted, William'Nell~ City Engineer Attachments WJO:MP:sd ~9 RESOLUTION NO. q 7-/77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO THE REIMBURSEMENT AGREEMENT FOR INSTALLATION OF A PORTION OF THE AREA IV MASTER PLANNED STORM DRAIN FACILITY WITHIN ARCHIBALD AVENUE FROM DEER CREEK CHANNEL TO FERON BOULEVARD WHEREAS, the City Council of the City of Rancho Cucamonga, on June 4, 1997 approved a Reimbursement Agreement, for installation of a portion of master planned storm drain within Archibald Avenue, between the Rancho Cucamonga Redevelopment Agency and the City; and WHEREAS, staff has corrected inaccuracies discovered in the agreement and provided an itemized cost estimate; and WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration an amended Reimbursement Agreement submitted by the Rancho Cucamonga Redevelopment Agency, for the installation of a portion of Area IV Master Planned Storm Drain from Deer Creek Channel to Feron Boulevard within Archibald Avenue. NOW, THEREFORE, BE IT RESOLVED that said Amended Reimbursement Agreement presented by the Engineering Division of the Community Development Department be and the same is hereby approved and the Chairman is hereby authorized to sign said Amended Reimbursement Agreement on behalf of the Rancho Cucamonga Redevelopment Agency and the Secretary to attest hereto. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 19, 1997 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer By: Linda R. Beek, Jr. Engineer SUBJECT: AWARD AND AUTHORIZATION FOR EXECUTION OF CONTRACT FOR THE ROCHESTER AVENUE STORM DRAIN AND RAILROAD CROSSING IMPROVEMENTS, 450 FEET SOUTH TO 250 FEET NORTH OF EIGHTH STREET, TO LAIRD CONSTRUCTION COMPANY, INC., 1N THE AMOUNT OF $289,983.00, ($263,621.59, PLUS 10% CONTINGENCY) TO BE FUNDED FROM TRANSPORTATION SYSTEMS DEVELOPMENT FUNDS, ACCOUNT NO. 22-4637- 9210 AND ASSESSMENT DISTRICT 82-1R FUNDS, ACCOUNT NO. 83-4637-6028 RECOMMENDATION: It is recommended that the City Council axvard and authorize for execution the contract for the Rochester Avenue Storm Drain and Railroad Crossing hnprovements, 450 feet south to 250 feet north of Eighth Street, to the Ioxvest responsive bidder, Laird Construction Company, Inc., in the amot, nt of $289,983.00, ($263,621.59, plus 10% contingency) to be funded from Transportation Systems Development Funds, Account No. 22-4637-9210 and Assessment District 82-1R Funds, Account No. 83-4637-6028. BACKGROUND/ANALYSIS: Per previous Council action, bids were solicited, received and opened on November 4, 1997, for the subject project. Laird Construction Company, Inc. is the apparent lowest bidder, with a bid amount of $263,621.59 (see attached Bid Summary). The scope of xvork to be performed in general consists of, but is not limited to, A.C. paving, construction of storm drain lines and related structures, median island, retaining walls, chain link fences, sidewalks, curb, gutter, street lights, warning signals, concrete pads and crossing gates (by SCRRA, Metrolink). The Engineer's estimate was $222,185.60. Staff has reviewed all bids received and found them to be complete and in accordance ~vith the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. Respectfidly submitted, William J. O'Neil City Engineer WJO:LRB:Is Attachment ROCHESTER AVENUE WIDENING AT THE SCRRA RAILROAD CROSSING Item Description I Clearing & Grubbing 2 Rein A.C. Pavement 3 Rein PCC Pavement 4 Rem PCC Curb & Gutter 5 Rem PCC Curb 6 Rem PCC Drive Approach 7 Rem PCC Sidewalk 8 Rem A.C. Berm 9 Rein CMP and portion of RCP 10 Rem Sign ~ 11 Rem Tree 12 Rem Chainlink Fence 13 Rem Street Light 14 Rem Bushes & Shrubs 15 Relocate Mailbox 16 Unclassfied Excavation 1'7 Unclassified Fil 18 Crushed Aggregate Base 19 Asphalt Concrete Pavement 20 Cold Plane (5' Wide) 21 Asphalt Concrete Berm 22 Adj Manhole Frame& Cover 23 Adj Water Valve & Cover 24 Outlet Structure 25 Transition Structure 26 PCC Collar, 36" dia 27 Masonry Block Retaining Wall 28 8" PCCCurb 29 8" Pcc Curb& 24" Gutter 30 8" PCC Drive Approach 31 4" PCC Sidewalk 32 4" PCC HC Access Ramp 33 PCC Wheel Chair Ramp 34 River Washed Granite Cobblestone 35 6" Curb Only 36 PCC Steps 37 Local Depression, Case E 38 Back of WallGutter 39 6" Curb & 18" Gutter 40 6' x 30' Double Opening Chainlink Gate 41 6' Chainlink Fence 42 Rem & reinstall 60 WI Fence 43 Install Ramp & Step Handrails 44 36" dia RCP (3000D) 45 4" Yard Drain w/Cover & 4" PVC Drain Pipe 46 Brick& Mortar Plug 47 48" CSP Drop Inlet Struct 48 36" RCP, CI, 3000D Wall "C" 49 Fire Hydrant Assembly 50 Install St Name Signs Bid Summary from 04-Nov-97 Bid Opening *Hillcrest Construction Unit Qty Unit Price I LS $19,700.00 25957 SF $0.26 1208 SF $0.22 381 LF $1.16 182 LF $0.97 908 SF $0.49 724 SF $0.49 509 LF $0.87 I LS $1,130.00 2 EA $58.00 3 EA $85.00 319 LF $3.80 Price $19,700.00 $6,748.82 $265.76 $441.96 $176.54 $444.92 $354.76 $442.83 $1,130.00 $116.00 $255.00 $1,212.20 ITEM DELETED 1 LS $277.00 2 EA $173.00 400 CY $13.00 1500 CY $11.60 500 CY $31.00 1250 TON $27.00 478 LF $7.35 1312} LF $ 10.80 4 EA $290.00 2 EA $190.00 I EA $9, 100.00 I EA $9,100.00 I EA $470.00 120 SF $24.00 212 LF $6.60 856 LF $I 7.80 1560 SF $5.70 3050 SF $2.25 330 S F $12.40 296 SF S2.80 800 SF $6.70 $277.00 $346.00 $5,200.00 $17,400.00 $15,500.00 $33,750.00 $3,513.30 $1,404.00 $1,160.00 S380.00 $9,100.00 $9,100.00 $470.00 $2.880.00 $1,399.20 $15,236.80 $8.892.00 $6.862.50 $4,092.00 $828.80 $5.360.00 Laird Construction Unit Price Price $18,243.59 $18,243.59 $0.35 $9,084.95 $1.00 $ 1,208.00 $3.00 $1,143.00 $2.50 $455.00 $1.00 $908.00 $ 1.00 $724.00 $I .00 $509.00 $1,500.00 $1.500.00 $50.00 $100.00 $250.00 5;750.00 $3.95 S 1,260.05 ITEM DELETED $2,750.00 $2,750.00 $150.00 $300.00 $7.50 $3.000.00 $7.50 $11,250.00 $25.00 $12,500.00 $26.25 $32,812.50 $5.50 $2,629.00 $10.00 $1.300.00 $300.00 $1,200.00 $150.00 $300.00 $9,250.00 $9.250.00 $9,250.00 $9,250.00 $500.00 $500.00 $50.00 $6,000.00 $15.00 $3,180.00 S15.50 $13,268.00 $3.25 $5,070.00 $3.00 $9.150.00 $15.50 $5.115.00 $3.00 $888.00 $10.00 $8,000.00 315 LF 1 LS 120 SF 127 SF 86 LF I EA $5.70 $1,795.50 $14.50 $4,567.50 Sl,340.00 $1,340.00 $875.00 $875.00 $6.30 $756.00 $6.50 $780.00 $9.80 $1,244.60 $4.00 5508.00 $18.60 $1,599.60 $15.50 $1,333.00 $2,150.00 $2,150.00 $2,150.00 $2,150.00 375 LF I LS 124 LF 132 LF 2 EA $15.00 $5,625.00 $15.00 $5.625.00 $7,300.00 $7,300.00 $5,000.00 $5,000.00 $30.40 $3,769.60 $30.00 $3,720.00 $111.00 $14,652.00 $95.00 $12,540.00 S340.00 $680.00 $150.00 $300.00 I LS 1 EA 45 LF 1 EA I EA $530.00 $530.00 $275.00 $275.00 S1,700.00 $1,700.00 $3,500.00 $3,500.00 5;380.00 $17,100.00 $450.00 $20,250.00 S2.100.00 $2,100.00 $2,750.00 $2,750.00 S370.00 S370.00 $350.00 $350.00 ROCHESTER AVENUE WIDENING AT THE SCRRA RAILROAD CROSSING Item Description Qty 51 Underground Conduit 600 52 Relandscaping 1 53 Traffic & Parking Lot Marking 1 54 Pavement Markers 1 55 Traffic Control 1 56 Relocate Exist Tree 3 Bid Summary- Continued Hillcrest Construction Unit Unit Price Price LF $17.00 $10,200.00 LS $4,250.00 $4,250.00 LS $9,300.00 $9,300.00 LS $800.00 $800.00 LS $9,400.00 $9,400.00 EA $400.00 $1,200.00 $272,302.69 Laird Construction Unit Price Price $10.00 $6,000.00 $2,750.00 $2,750.00 $9,500.00 $9,500.00 $750.00 $750.00 $5,000.00 $5,000.00 $500.00 $1,500.00 $263,621.59 Item Description Qty 1' Clearing & Grubbing 1 2 Rem A.C. Pavement 25957 3 Rein PCC Pavement 1208 4 Rein PCC Curb & Gutter 381 5 Rem PCC Curb 182 6 Rem PCC Drive Approach 908 7 Rem PCC Sidewalk 724 8 Rein A.C. Berm 509 9 Rem CMP and portion of RCP 1 10 Rem Sign 2 11 Rein Tree 3 12 RemChainlink Fence 319 13 Rem Street Light 14 Rein Bushes& Shrubs 1 15 Relocate Mailbox 2 16 Unclassfied Excavation 400 17 Unclassified Fil 1500 18 Crushed Aggregate Base 500 19 Asphalt Concrete Pavement 1250 20 Cold Plane (5' Wide) 478 21 Asphalt Concrete Berm 130 22 Adj Manhole Frame & Cover 4 23 Adj Water Valve & Cover 2 24 Outlet Structure 1 25 Transition Structure 1 26 PCC Collar, 36" dia 1 27 Masonry Block Retaining Wall 120 28 8" PCC Curb 212 29 8" Pcc Curb & 24" Gutter 856 30 8" PCC Drive Approach 1560 31 4" PCC Sidewalk 3050 32 4" PCC HC Access Ramp 330 33 PCC Wheel Chair Ramp 296 34 River Washed Granite 800 Cobblestone 35 6" Curb Only 315: 36 PCC Steps 1 37 Local Depression, Case E 120 38 Back of Wall Gutter 127 39 6" Curb & 18" Gutter 86 Gentry Brothers Los Angeles Engr Unit Unit Unit Price Price Price LS $3,000.00 $30,000.00 $13,000.00 SF $0.50 $12,978.50 $0.40 SF $2.00 $2,416.00 $1.30 LF $2.00 $762.00 $5.40 LF $2.00 $364.00 $4.30 SF $2.00 $1,816.00 $1.65 SF $1.00 $724.00 $1.30 LF $1.00 $509.00 $3.80 LS $700.00 $700.00 $1,800.00 EA $150.00 $300.00 $75.00 EA $400.00 $1,200.00 $225.00 LF $3.00 $957.00 $3.00 ITEM DELETED ITEM LS S500.00 $500.00 $2,000.00 EA S150.00 $300.00 $180.00 CY $15.00 $6,000.00 $14.00 CY $10.00 $15,000.00 $8.00 CY $14.00 $7,000.00 $33.00 TON $14.00 $17500.004* $31.00 LF S4.00 $1,912.00 $6.60 LF $12.00 $1,560.00 $11.00 EA $200.00 $800.00 $350.00 EA $50.00 $ 100.00 $200.00 EA $14,000.00 $14,000.00 $12,000.00 EA $7,000.00 $7,000.00 $6,000.00 EA $600.00 $600.00 $500.00 SF $40.00 $4,800.00 $42.00 LF $9.00 $1,908.00 $8.20 LF $10.50 $8,988.00 $10.00 SF $3.00 $4,680.00 $3.80 SF $2.00 $6,100.00 $2.00 SF S3.50 $1,155.00 $12.00 SF $3.50 $1,036.00 $3.30 SF $6.00 $4,800.00 S8.00 LF $9.00 $2,835.00 $7.50 LS $1,400.00 $1,400.00 $1,200.00 SF $6.00 $720.00 $7.00 SF $12.00 $1,524.00 $5.00 LF $10.00 $860.00 $10.00 Price $13.000.00 $10,382.80 $1.570.40 $2.057.40 $782.60 $1,498.20 $941.20 $1.934.20 $1.800.00 $150.00 $675.00 5957.00 DELETED $2.0O0.00 $360.00 $5,600.00 $12.000.00 $16.500.00 $38.750.00 $3.154.80 $1.430.00 $1,400.00 S400.00 $12,000.00 $6.0O0.O0 $500.00 $5.040.00 $1,738.40 $8,560.00 $5,928.00 S6.100.00 $3.960.00 5976.80 $6,400.00 $2.362.50 $1.200.00 $840.00 $635.00 $860.00 ROCHESTER AVENUE WIDENING AT THE SCRRA RAILROAD CROSSING Item Description 40 6' x 30' Double Opening Chainlink Gate 41 6' Chainlink Fence 42 Rem & reinstall 60 WI Fence 43 Install Ramp & Step Handrails 44 36" dia RCP (3000D) 45 4" Yard Drain w/Cover & 4" PVC Drain Pipe 46 Brick & Mortar Plug 47 48" CSP Drop Inlet Struct 48 36" RCP, CI, 3000D Wall "C" 49 Fire Hydrant Assembly 50 Install St Name Signs 51 Underground Conduit 52 Relandscaping 53 Traffic & Parking Lot Marking 54 Pavement Markers 55 Traffic Control 56 Relocate Exist Tree Bid Summary- Continued Gentry Brothers Los Angeles Unit Unit Qty Unit Price Price Price I EA $3,000.00 $3,000.00 $2,400.00 375 LF $15.00 $5,625.00 $16.00 I LS $5,000.00 $5,000.00 $6,700.00 124 LF $60.00 $7,440.00 $56.00 132 LF $150.00 $19,800.00 $119.00 2 EA $1,200.00 $2,400.00 $200.00 1 LS $400.00 $400.00 $400.00 1 EA $2,000.00 $2,000.00 $6,400.00 45 LF $400.00 $18,000.00 $318.00 1 EA $2,000.00 $2,000.00 $2,500.00 Ii EA $400.00 $400.00 $400.00 600 LF S17.00 $10,200.00 $18.00 I LS $2,000.00 $2,000.00 S5,400.00 1 LS $10,000.00 $10,000.00 $9,900.00 I LS $800.00 $800.00 $850.00 I LS $7,000.00 $7,000.00 $7,000.00 3 EA $600.00 $1,800.00 $1,000.00 $263,669.50 Engr Price $2,400.00 $6,000.00 $6,700.00 $6,944.00 $15,708.00 $400.00 $400.00 $6.400.00 $14,310.00 $2,500.00 $400.00 $10,800.00 $5,400.00 $9,900.00 $850.00 $7,0O0.0O S3,000.00 S279,556.30 Item Description 1 Clearing & Grubbing 2 Rem A.C. Pavement 3 Rein PCC Pavement 4 Rem PCC Curb & Gutter 5 Rem PCC Curb 6 Rein PCC Drive Approach 7 Rem PCC Sidewalk 8 Rem A.C. Berm 9 ' Rem CMP and portion of RCP 10 Rem Sign 11 Rem Tree 12 RemChainlink Fence 13 Rem Street Light 14 Rem Bushes& Shrubs 15 Relocate Mailbox 16 Unclassfied Excavation 17 Unclassified Fil 18 Crushed Aggregate Base 19 Asphalt Concrete Pavement 20 Cold Plane (5' Wide) 21 Asphalt Concrete Berm 22 Adj Manhole Frame & Cover 23 Adj Water Valve & Cover 24 Outlet Structure 25 Transition Structure Riverside Construction Unit Qty Unit Price Price I LS $21,000.00 $21,000.00 25957 SF $0.30 $7,787.10 1208 SF $1.20 $1,449.60 381 LF S2.80 $1,066.80 182 LF $2.00 S364.00 908 SF $1.20 $1,089.60 72:4 SF $0.65 $470.60 509 LF $I .90 $967.10 I LS $800.00 $800.00 2 EA $94.00 $188.00 3 EA S700.00 $2,100.00 319 LF $4.00 $1,276.00 ITEM DELETED I LS $1,000.00 $1,000.00 2 EA $220.00 $440.00 400 CY $35.00 $14,000.00 15130 CY $4.00 $6.000.00 500 CY $22.00 $11,000.00 1250 TON $28.00 $35,000.00 478 LF $4.75 $2,270.50 130 LF S5.25 $682.50 4 EA $ 1,200.00 $4,800.00 2 EA $290.00 $580.00 I EA $7,500.00 $7,500.00 I EA $5,800.00 $5,800.00 JEG Construction Unit Price Price $17,000.00 $17,000.00 $0.40 $10.382.80 $1.00 Sl,208.00 $4.00 $1,524.00 $3.00 $546.00 $1.00 5908.00 $0.70 S506.80 $1.00 S509.00 $2,500.00 S2,500.00 $50.00 $100.00 $300.00 $900.00 $4.50 $1,435.50 ITEM DELETED $1,000.00 $1,000.00 $100.00 $200.00 $13.00 S5,200.00 $7.25 $10,875.00 $41.00 $20,500.00 $30.00 $37,500.00 $6.00 $2,868.00 $10.00 $1,300.00 $450.00 $1,800.00 $50.00 $100.00 $9,000.00 $9,000.00 $7,500.00 $7,500.00 ROCHESTER AVENUE WIDENING AT THE SCRRA RAILROAD CROSSING 26 PCC Collar, 36" dia 27 Masonry Block Retaining Wall 28 8" PCC Curb 29 8" Pcc Curb & 24" Gutter 30 8" PCC Drive Approach 31 4" PCC Sidewalk 32 4" PCC HC Access Ramp 33 PCC Wheel Chair Ramp 34 River Washed Granite Cobblestone 35 6" Curb Only 36 PCC Steps - 37 Local Depression, Case E 38 Backof Wall Gutter 39 6" Curb & 18" Gutter 40 6' x 30' Double Opening Chainlink Gate 41 6' Chainlink Fence 42 Rem & reinstall 60 WI Fence 43 Install Ramp & Step Handrails 44 36" diaRCP(3000D) 45 4" Yard Drain w/Cover & 4" PVC Drain Pipe 46 Brick & Mortar Plug 47 48" CSP Drop Inlet Struct 48 36" RCP, CI, 3000D Wall "C" 49 Fire Hydrant Assembly 50 Install St Name Signs 51 Underground Conduit 52 Relandscaping 53 Traffic & Parking Lot Marking 54 Pavement Markers 55 Traffic Control 56 Relocate Exist Tree Bid Summary- Continued Riverside Construction JEG Construction I EA $850.00 $850.00 $500.00 120 SF $40.00 $4,800.00 $35.00 212 LF $17.00 $3,604.00 $16.00 856 LF $10.50 $8,988.00 $14.50 1560 SF $4.00 $6,240.00 $3.50 3050 SF $2.40 $7,320.00 $2.85 330 SF $11.00 $3,630.00 $20.00 296 SF $6.00 $1,776.00 $3.50 800 SF $12.00 $9,600.00 $7.00 315 LF $12.00 $3,780.00 $10.00 I LS $2,100.00 $2,100.00 $1,500.00 120 SF $11.00 $1,320.00 $7.00 127 SF $19.00 $2,413.00 $12.00 86 LF $20.00 $1,720.00 $14.50 I EA $2,300.00 $2,300.00 $2,200.00 375 LF $15.00 $5,625.00 $16.00 I LS $5,000.00 $5,000.00 $6,500.00 12.4 LF S30.00 $3,720.00 $53.00 13:2 LF $115.00 $15,180.00 $109.00 2 EA $320.00 $640.00 $500.00 1 LS $500.00 $500.00 $850.00 1 EA $2,600.00 $2,600.00 $2,250.00 45: LF $550.00 $24,750.00 $440.00 I EA $4,500.00 $4,500.00 $2,800.00 1 EA $525.00 $525.00 $400.00 601) LF S6.50 $3,900.00 $11.00 1 LS $8,000.00 $8,000.00 $7,250.00 I LS $9,800.00 S9,800.00 $9,500.00 I LS $850.00 $850.00 $830.00 I LS $6,100.00 $6,100.00 S5,200.00 3 EA $1,100.00 $3,300.00 $800.00 S283,062.80 $500.00 $4,200.00 $3,392.00 $12,412.00 $5,460.00 $8,692.50 $6,600.00 $1,036.00 $5,600.00 $3,150.00 $1,500.00 $840.00 $1,524.00 $1,247.00 $2,200.00 $6,000.00 $6,500.00 $6,572.O0 $14,388.00 $ 1,000.00 $850.00 $2,250.00 $19,800.00 $2,800.00 $40O.0O $6,600.00 $7,250.00 $9,500.00 $830.00 $5,200.00 $2.400.00 $286,056.60 Item Description 1 Clearing & Grubbing 2 Rein A.C. Pavement 3 Rem PCC Pavement 4 Rein PCC Curb & Gutter 5 Rem PCC Curb 6 Rem PCC Drive Approach 7 Rem PCC Sidewalk 8 Rem A.C. Berm 9 Rem CMP and portion of RCP 10 Rem Sign 11 Rem Tree 12 Rem Chainlink Fence 13 Rem Street Light 14 Rem Bushes & Shrubs 15 Relocate Mailbox 16 Unclassfied Excavation Albert W. Davies, Inc Vance Corporation Unit Unit Qty Unit Price Price Price I LS $2,000.00 $2,000.00 $5,000.00 25957 SF $0.50 $12,978.50 $0.25 1208 SF $1.60 $1,932.80 $1.00 381 LF $5.00 $1,905.00 $3.00 182 LF $3.60 $655.20 $2.00 908 SF $0.85 $771.80 $1.50 724 SF $1.20 $868.80 $0.75 509 LF $10.50 $5,344.50 $0.75 I LS $ 1,700.00 $1,700.00 $500.00 2 EA $55.00 $1 I0.00 $80.00 3 EA $480.00 $1,440.00 $750.00 319 LF $3.50 $1,116.50 $3.00 ITEM DELETED ITEM 1 LS $1,150.00 5;1,150.00 $500.00 2 EA $88.00 $176.00 $80.00 400 CY $19.00 $7,600.00 $30.00 Price $5,000.00 $6,489.25 $1,208.00 $1,143.00 $364.00 $1,362.00 $543.00 $381.75 $500.00 $160.00 $2,250.00 $957.00 DELETED $500.00 $160.00 $12,000.00 ROCHESTER AVENUE WIDENING AT THE SCRRA RAILROAD CROSSING Item Description 17 Unclassified Fil 18 Crushed Aggregate Base 19 Asphalt Concrete Pavement 20 Cold Plane (5' Wide) 21 Asphalt Concrete Berm 22 Adj Manhole Frame & Cover 23 Adj Water Valve & Cover 24 Outlet Structure 25 Transition Structure 26 PCC Collar, 36" dia 27 Masonry Block Retaining Wall 28' 8" PCC Curb 29 8" Pcc Curb & 24" Gutter 30 8" PCC Drive Approach 31 4" PCC Sidewalk 32 4" PCC HC Access Ramp 33 PCC Wheel Chair Ramp 34 River Washed Granite Cobblestone 35 6" Curb Only 36 PCC Steps 37 Local Depression, Case E 38 Back ofWall Gutter 39 6" Curb & 18" Gutter 40 6'x 30' Double Opening Chainlink Gate 41 6' Chainlink Fence 42 Rem & reinstall 60 W[ Fence 43 Install Ramp & Step Handrails 44 36" dia RCP(3000D) 45 4" Yard Drain w/Cover & 4" PVC Drain Pipe 46 Brick & Mortar Plug 47 48" CSP Drop Inlet Struct 48 36" RCP, C1,3000D Wall "C" 49 Fire Hydrant Assembly 50 Install St Name Signs 51 Underground Conduit 52 Relandscaping 53 Traffic & Parking Lot Marking 54 Pavement Markers 55 Traffic Control 56 Relocate Exist Tree Bid Summary- Continued Albert W. Davies, Inc Unit Qty Unit Price Price 1500 CY $14.00 $21,000.00 500 CY $24.00 $12,000.00 1250 TON $34.00 $42,500.00 478 LF $7.30 $3,489.40 130 LF $5.50 $715.00 4 EA $200.00 $800.00 2 EA $110.00 $220.00 I EA $9,800.00 $9,800.00 I EA $12,000.00 $12,000.00 I EA $500.00 $500.00 120 SF $59.00 $7,080.00 212 LF $14.80 $3,137.60 856 LF $13.70 $11,727.20 1560 SF $3.50 $5,460.00 3050 SF $2.70 $8,235.00 33(I SF $19.00 $6,270.00 296 SF $6.70 $1,983.20 800 SF $7.50 S6,000.00 315 LF $10.40 $3,276.00 1 LS $1,800.00 $1,800.00 120 SF $6.60 $792.00 127 SF $8.70 $1,104.90 86 LF $14.90 $1,281.40 1 EA $1,400.00 $1,400.00 Vance Corporation 375 LF $14.00 $5,250.00 I ES $1,200.00 $1,200.00 124 LF $13.30 $1,649.20 132 LF 599.00 $13,068.00 2 EA $460.00 $920.00 Unit Price Price $8.00 $12,000.00 $33.00 $16,500.00 $28.50 $35,625.00 $1.00 $478.00 $15.00 $1,950.00 $600.00 $2.400.00 $150.00 $300.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $500.00 S500.00 $50.00 $6.000.00 $15.00 $3,180.00 $15.00 $12.840.00 $4.00 $6.240.00 $3.50 $10.675.00 $15.00 $4,950.00 $4.00 $1,184.00 $10.00 $8.000.00 $10.00 $3.150.00 $1,200.00 $1,200.00 $6.50 S780.00 $7.00 S889.00 $15.00 Sl.290.00 $2,250.00 $2,250.00 $16.00 $6,000.00 $6,000.00 $6.000.00 $50.00 $6.200.00 S150.00 $19.800.00 $1,000.00 $2.000.00 I LS $500.00 $500.00 $500.00 I EA $2,000.00 $2,000.00 $3,200.00 45 LF $460.00 $20,700.00 $410.00 1 EA $3,350.00 $3,350.00 $3,900.00 1 EA $790.00 $790.00 $300.00 600 LF $13.00 $7,800.00 $6.50 1 LS S18,200.00 $18,200.00 $3,500.00 I LS S10,000.00 $10,000.00 $9,000.00 1 LS $1,152.00 $1,152.00 $800.00 I ES $8,400.00 $8,400.00 $42,000.00 3 EA $450.00 $1,350.00 $1,350.00 $298,650.00 ROCHESTER AVENUE WIDENING AT THE SCRRA RAILROAD CROSSING Bid Summary- Continued **Holland-Lowe Const $500.00 $3,200.00 $18,450.00 $3,900.00 $300.00 $3,900.00 $3,500.00 $9,000.00 $800.00 $42,000.00 $4,050.00 $312,999.00 Item Description I Clearing & Grubbing 2 Rem A.C. Pavement 3 Rem PCC Pavement 4 Rem PCC Curb & Gutter Matthew & Stewart Co. Unit Unit Qty Unit Price Price Price 1 LS $25,000.00 $25,000.00 $9,283.00 25957 SF S0.83 $21,544.31 $1.05 1208 SF S 1.60 $1,932.80 $3.60 381 LF $3.80 $1,447.80 $4.95 Price $9,283.00 $27,254.85 $4,348.80 $1,885.95 ROCHESTER AVENUE WIDENING AT THE SCRRA RAILROAD CROSSING Item Description Qty 5 Rem PCC Curb 182 6 Rem PCC Drive Approach 908 7 Rem PCC Sidewalk 724 8 Rem A.C. Berm 509 9 Rem CMP and portion of RCP 1 10 Rem Sign 2 11 Rem Tree 3 12 Rem Chainlink Fence 319 13 Rem Street Light 14 Rem Bushes & Shrubs 1 15 Relocate Mailbox 2 16 Unclassfied Excavation 400 17 Unclassified Fil 1500 18 Crushed Aggregate Base 500 19 Asphalt Concrete Pavement 125:0 20 Cold Plane (5' Wide) 478 21 Asphalt Concrete Berm 130 22 Adj Manhole Frame & Cover 4 23 Adj Water Valve & Cover 2 24 Outlet Structure 1 25 Transition Structure 1 26 PCC Collar, 36" dia 1 27 Masonry Block Retaining Wall 120 28 8" PCC Curb 212 29 8" Pcc Curb & 24" Gutter 856 30 8" PCC Drive Approach 1560 31 4" PCC Sidewalk 3050 32 4" PCC HC Access Ramp 330 33 PCC Wheel Chair Ramp 296 34 River Washed Granite 800 Cobblestone 35 6" Curb Only 315 36 PCC Steps 1 37 Local Depression, Case E 120 38 Back of Wall Gutter 127 39 6" Curb & 18" Gutter 86 40 6' x 30' Double Opening 1 Chainlink Gate 41 6' Chainlink Fence 375 42 Rem & reinstall 60 WI Fence 1 43 Install Ramp & Step Handrails 124 44 36" diaRCP (3000D) 132 45 4" Yard Drain w/Cover & 4" 2 PVC Drain Pipe 46 Brick & Mortar Plug 1 47 48" CSP Drop Inlet Struct 1 48 36" RCP, C1,3000D Wall "C" 45 49 Fire Hydrant Assembly 1 50 Install St Name Signs 1 51 Underground Conduit 600 52 Relandscaping 1 53 Traffic & Parking Lot Marking 1 54 Pavement Markers I Bid Summary- Continued **Ho!!and-Lowe Const Matthew & Stewart Co. Unit Unit Unit Price Price Price LF $2.65 $482.30 $4.50 SF $1.10 $998.80 $3.80 SF $1.50 $ 1,086.00 $ 1.50 LF $0.75 $381.75 $1.90 LS $2,000.00 $2,000.00 $1,522.00 EA $55.00 $110.00 $50.00 EA $330.00 $990.00 $327.00 LF $4.00 $1,276.00 $4.50 ITEM DELETED ITEM LS $1,000.00 $I,000.00 $1,232.00 EA $82.50 S165.00 $100.00 CY $11.00 $4,400.00 $38.60 CY $15.40 $23,100.00 $20.95 CY $24.15 $12,075.00 $42.60 TON $35.00 $43,750.00 $39.15 LF $6.00 $2,868.00 $7.75 LF $ 1.90 $247.00 $19.60 EA $450.00 $1,800.00 $250.00 EA $350.00 $700.00 $225.00 EA $16,350.00 $16,350.00 $12,480.00 EA $6,500.00 $6,500.00 $8,875.00 EA $550.00 $550.00 $834.00 SF $60.70 $7,284.00 $85.60 LF $15.40 $3,264.80 $7.50 LF $14.30 $12,240.80 $11.25 SF S3.85 $6,006.00 $5.20 SF S3.10 $9,455.00 $2.50 SF $16.65 $5,494.50 $22.50 SF $3.85 S1,139.60 $7.00 SF $13.20 $10,560.00 $7.95 Price $819.00 $3,450.40 $1,086.00 $967.10 $ 1,522.00 $100.00 $981.00 $1,435.50 DELETED $1,232.00 $200.00 $15,440.00 $31,425.00 $21,300.00 $48,937.50 $3,704.50 $2,548.00 $1,000.00 $450.00 $12,480.00 $8,875.00 $834.00 $10,272.00 $1,590.00 $9,630.00 $8, I 12.00 $7,625.00 $7,425.00 $2,072.00 $6,360.00 LF $12.65 $3,984.75 $6.70 LS $1,210.00 $ 1,210.00 $1,062.00 SF $15.00 $1,800.00 $9.60 SF $6.70 $850.90 $8.40 LF $18.70 $1,608.20 $11.25 EA $2,250.00 $2,250.00 $980.00 $2,110.50 $1,062.00 $I,152.00 $1,066.80 $967.50 $980.00 LF $15.85 $5,943.75 $9.20 LS $5,460.00 $5,460.00 $1,875.00 LF $31.85 $3,949.40 $25.60 LF $I 11.00 $14,652.00 $154.00 EA $220.00 $440.00 $593.00 $3,450.00 $1,875.00 $3,174.40 $20,328.00 $1,186.00 LS $825.00 $825.00 $100.00 EA $4,730.00 $4,730.00 $5,475.00 LF $585.00 $26,325.00 $535.25 EA $57,200.00 $57,200.00 $4,456.00 EA $165.00 $165.00 $500.00 LF $17.90 $10,740.00 $14.50 LS $8,000.00 $8,000.00 $3,270.00 LS $9,750.00 $9,750.00 $8,588.00 LS $8,350.00 $8,350.00 $654.00 $100.00 $5,475.00 $24,086.25 $4,456.00 $500.00 $8,700.00 $3,270.00 $8,588.00 $654.00 ROCHESTER AVENUE WIDENING AT THE SCRRA RAILROAD CROSSING Item Description Qty 55 Traffic Control 1 56 Relocate Exist Tree 3 Bid Summary- Continued **Hoiland-Lowe Const Unit Unit Price Price LS $3,850.00 $3,850.00 EA $0.00 $398,283.46 * Transcription error ** Error in arithmatic *** Extension of prices was incomplete in bid packet Matthew & Stewart Co. Unit Price Price $4,382.00 $4,382.00 $327.00 $981.00 $353,190.05 CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: November 19, 1997 TO: Mayor Alexander & City Councilmembers Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Manager SUBJECT: APPROVAL OF AGREEMENT WITH SAN BERNARDINO COUNTY DEPARTMENT OF AGING AND ADULT SERVICES FOR A CALIFORNIA DEPARTMENT OF AGING GRANT IN THE AMOUNT OF $3,000 FOR SENIOR CITIZEN OUTEACH SERVICES (FY 1997-98) RECOMMENDATION: It is recommended that the City Council approved the Agreement for Senior Citizen Outreach Services for FY 1997-98 in the amount of $3,000 with the County Department of Aging and Adult Services. BACKGROUND/ANALYSIS: The San Bernardino Department of Aging and Adult Services is the Area Agency which assists with the allocation of senior citizen program grants from the California Department of Aging. On April 7, 1997, the Community Services Department submitted a grant application to the County Department of Aging and Adult Services to provide a comprehensive marketing and promotional program for senior residents. The focus will be to promote the many programs and activities provided at the Rancho Cucamonga Senior Center and outreach would include marketing to the minority senior citizen population of the City. FISCAL IMPACT: The grant is in the amount of $3,000 for fiscal year 1997-98. An in-kind match of $333.00 will be provided by the City in the form of office supplies and advertising expenses which have been budgeted in the Department's 1997-98 Annual Budget. Rejectfully submitted, v b~za,~ne/(Jta Contmffnity Services Manager so/seniorgrant EXHIBIT A - SCOPE OF SERVICES AGREEMENT FOR PURCHASE OF SERVICES DEPARTMENT OF AGING AND ADULT SERVICES P.O.~ Z AGENCY CITY OF RANCHO CUCAMONGA PHONE (909) 477-2760 MAILING ADDRESS P.O. BOX 807, RANCHO ~[1~AMON~A, CA q17?q CONTACT PERSON SUZANNE OTA SERVICE SITE RANCHO CUCAMONGA SENIOR CENTER PHONE (909) 477-2780 ADDRESS 9791 ARROW ROUTE, RANCHO CUCAMONGA, CA 91730 CONTACT PERSON SUZANNE OTA HOURS OF OPERATION 8am-10pm M-F THIS AGREEMENT, is entered into on the 1st day of July, 1997, by and between the County of San Bernardino acting as the Area Agency on Aging, hereinafter called the Department of Aging and Adult Services "DAAS" and CITY OF RANCHO CUCAMONGA , dire~t ser~'~e provider, hereinafter called "Provider." WHEREAS, the Older Americans Act of 1965, as amended, provides for assistance to state and local agencies to develop social supportive services to meet the needs of the elderly; and WHEREAS, the California Department of Aging (CDA) has allocated funds to DAAS for the purpose of administering a certain portion of said funds pursuant to said act; and for the purpose of planning service programs and activities for the elderly; and WHEREAS, DAAS desires to use CDA monies to fund, and the Provider desires to operate and execute a program, this Agreement is executed to identify the specific terms and conditions covering the funding, execution and operation of the program provided by this Agreement. THEREFORE, in consideration of the mutual promises and covenants contained herein, DAAS and the Provider agree as follows: ARTICLE I. DEFINITIONS AND RESOLUTIONS OF LANGUAGE CONFLICTS A. The term "Agreement" shall mean the coversheets; the Terms and Conditions; Scope of Work Plan; Budget Display: Budget summary; exhibits; attachments; addendums; and amendments, unless otherwise provided in this Article; B. "DAAS" means the San Bernardino County Department of Aging and Adult Services, the designated Area Agency on Aging. C. "State," "Department" and "CDA" mean the California Department of Aging interchangeably. State and the D. "Provider" means the entity to which funds are awarded under this Agreement Agreement and which is accountable to DAAS for use of these funds and is responsible for executing its provision and services. E. In the event of conflict between the provisions set forth in the Agreement Terms and Conditions and any Project Application or Scope of Work, Propoosal, or Area Plan, the provisions listed in the Agreement Terms and Conditions shall prevail. F. "Reimbursable "compensable item." item" also means "allowable cost" and G. "CFR" means Code of Federal Regulations. California Code of Regulations. "GC" means Government Code. Welfare and Institutions Code. "USC" means United States Code. Office of Management and Budget. "CCR" means "W&I" means "OMB~ means H. "CDA PM" refers to the "Title III Program Manual for Area Agencies on Aging." This manual is based on Federal regulations for Title III published March 31, 1980 (CFR, Chapter 8, Subchapter C, Par 1321). Pertinent parts of 45 CFR Sub-title A, Part 74, published June 3, 1980, have also been used. A copy of the manual is available for review at the Department of Aging and Adult Services, 686 East Mill Street, San Bernardino, CA 92415-0640 during regular office hours. I. "Program Income or grant related income" refers to any income earned by a Provider during the Agreement period from activities supported in part or total by Federal funds. It includes, but is not limited to, income in the form of fees for services performed during the Agreement period, proceeds from sale of tangible property or real property and from the sale of equipment and supplies acquired for use, usage or rental fees, interest and patent or copyright royalties. Contributions/donations made by older persons are considered program income. J. "General Program Income" refers to income received in the form of contributions/donations made by the elderly for services rendered. K. "In-Kind Contributions" are property, equipment, services (e.g. volunteer services) and supplies benefiting a Title III supported program or activity contributed by non-federal third parties without charge to the service provider. Page 2 of 25 L. "Non-expendable Personal Property" refers to tangible personal property having a useful life of more than one year and an acquisition cost of $500 or more per unit. M. "Elderly" refers to any individual who is 60 years of age or older. ARTICLE II. TERM OF AGREEMENT The term of this Agreement will begin on the 1st day of July, 1997 and terminate on the 30th day of June, 1998. ARTICLE III. FISCAL AND PROGRAM PROVISIONS A. COMPENSATION 1. Maximum Funds Available The maximum amount of funds available under this Agreement shall be $ 3,000.00 , and shall be subject to availability of funds from CDA. 2. Schedule of Payments Provider may be provided a payment advance equal to 10% of the Title III funded portion of the total agreement amount under this Agreement for start-up purposes. Provider shall be compensated with the remainder of the Title III funds monthly. The monthly disbursement is not to exceed one-twelfth of the balance of the appropriated funds w~thout written justification for reimbursement to exceed one-twelfth. The calculation of the monthly disbursement amount will be based on the previous month's expenditures and the cash-on-hand identified in the Expenditure Report/Request for Reimbursement. 3. Expenditure of Funds a. Provider shall expend all funds received hereunder in accordance with this Agreement. b. DAAS reserves the right to refuse payment to the Provider or later disallow costs for any expenditure determined by DAAS and/or State not to be in compliance with this Agreement, or inappropriate to such activities, or, for which there is inadequate supporting documentation presented or, for which prior approval is required but not granted. 4. Unexpended Funds a. Provider will return to DAAS, immediately, upon written demand, any funds provided under this Agreement which are not payable for goods or services delivered prior to the termination, cancellation, or expiration of this Agreement, or the dissolution of the entity. b. Provider must return any unspent funds with submittal of revised year-end Financial Closeout Report, based on independent audit. Page 3 of 25 5. Accountability for Funds Provider shall maintain accounting records to account for the funds received under the terms and conditions of this Agreement separate from any other funds administered by the Provider. Provider shall maintain records in accordance with generally accepted accounting principles. B. GENERAL PROGRAM INCOME 1. Provider is encouraged to seek contributions/donations from seniors participating in the program. The program income goal for contributions/donations should be 25% or more of the total expenditures identified in the attached Budget Display. 2. General program income will be used to increase the number of clients served by a project, to facilitate access to such project, and to provide supportive services directly related to the project as defined in the Work Plan. General program income will be used within the program in which it was earned. C. MATCHING CONTRIBUTIONS The Provider will provide in-kind matching contributions of a minimum of $ 333.00 which is the Title III portion of the Agreement multiplied by 11.11%. Allowable match shall be in compliance with the following CDA requirements: 1. Matching in-kind contributions must be for allowable costs as determined by CDA policy. Allowable costs include, but are not limited to, rent, utilities, supplies, personnel (volunteers). 2. To qualify as a matching in-kind contribution, indirect or Provider allocated overhead expenses must be supported by a documented cost allocation plan. 3. Matching in-kind contributions in excess of the minimum required in one service component may be used to match another service component within the Older Americans Act. As an example, match exceeding the minimum requirement in a transportation program may be used to offset an under match in in-home support services. 4. Provider will provide a Budget In-Kind Narrative statement to DAAS with the submittal of the initial budget identifying the type, rates applied and, if applicable, source/location of in-kind to be used as match for the period of the Agreement. The identified in-kind match will be reported monthly on the monthly expense reports. a. Services of volunteers shall be valued at rates consistent with those ordinarily paid for similar work by the Provider. If the Provider does not have similar work, the rate shall be consistent with those in the labor market. In either case, a reasonable amount of employee benefits may be included. Page 4 of 25 b. All other in-kind contributions shall be valued at current market value. D. AUDIT 1. Providers who expend more than $300,000 of aggregated Federal Awards will arrange for an audit to be performed as required by the Single Audit Act Amendments of 1996, Public Law 98-502 and a copy submitted to: Department of Aging and Adult Services 686 East Mill Street San Bernardino, California 92415-0640 2. If Provider is a public or private entity: a. Nonprofit institution expending more than $300,000 a year in aggregated Federal Awards will have an audit made in accordance with the provisions of Office Management and Budget (OMB) Circular A-133, Audits of Institutions of Higher Education and other nonprofit institutions. b. Nonprofit institutions that expend less than $300,000 a year in aggregated Federal Awards are exempt from Federal audit requirements for that year. However, an on-site monitoring visit will be performed to ensure that Federal awards are used for authorized pruposes under OMB Circular A-110 or OMB Circular A-128. c. Any nonprofit institutions who obtain audit reports and are not required to, will not be reimbursed for audit report expenses. 3. Required audits must be performed in accordance with generally accepted auditing standards (GAAS) and the Statements on Auditing Standards (SASS) issued and interpreted by the American Institute of Certified Public Accountants (AICPA) and the Government Auditing Standards (Yellow Book) issued by the U.S. General Accounting Office. Further, the audit must include a review of compliance to determine wheter statistical data is recorded accurately and reported properly, to determine whether the program is being administered by the Provider in compliance with the agreement auditing listing of client case files, and to determine that the program revenue and expenditures are properly segregated from other programs being administered by the Contractor. 4. To ensure that OMB Circular A-133 requirements are met, audit report shall consist of the following parts: a. A report on the financial statements, a schedule of federal awards, which must report in-kind match, along with the auditor's opinion on the financial statements; b. A report on the entity-wide internal control systems based on the auditor's understanding of the internal control structure and the assessment of control risk (made as part of a financial statement audit); a report on internal controls (accounting and administrative) designed to provide reasonable assurance of compliance with laws and regulations applicable to federal assistance or federal awards, including tests of transactions (including program income and expenditures); Page 5 of 25 c. A report on compliance with laws and regulations that may be material to financial statements; an opinion on compliance with laws and regulations applicable to each major federal program and a statement of positive assurance of those items that were tested (including program income) for compliance and negative assurance for those items not tested. These requirements may be met by the following: applicable Supplement; to i. A report on compliance with general requirements federal programs drawn from the relevant OMB Compliance ii. An opinion on compliance with specific requirements applicable to each major program (major program refers to Congregate Meals, C-l; Home Delivered Meals, C-2; and Supportive Services, B) [the opinion should specify whether information contained in federal financial reports is supported by books and records and amounts claimed and used for matching meet applicable cost principle]; d. A report on fraud, abuse, illegal acts or indications of such acts, if necessary; e. A schedule of reportable conditions (including material weaknesses) for internal control findings and a scheduie of findings and questioned costs for compliance findings (if not included in the internal control or compliance reports; a management letter; separate communication of nonmaterial findings relative to federal programs. 5. Audit must also include: a. Schedule of Service Delivery. This schedule will give the number of service units provided by the Provider, by program and by month. 6. Provider will select a certified public accountant of approved auditors published by the County of San Bernardino. The Provider must receive approval from DAAS prior to hire of the auditor from the approved auditors published by the County of San Bernardino. 7. Provider will include in its agreement with an independent auditor a clause permitting access by the County and State to the work papers of the independent auditor. 8. Provider will notify DAAS of the time and location of scheduled entrance and exit conferences with independent auditors, so that appropriate DAAS and other appropriate County staff may participate. 9. The cost of audits performed pursuant to Public Law 98502 shall be charged to the Provider, in accordance with Public Law 98502 and OMB Circular A-128 or A-133, as appropriate. 10. All audits shall be performed in accordance with and address all issues contained in any OMB Compliance Supplement that applies to this program. 11. Audits to be performed shall be financial and program compliance audits. Page 6 of 25 12. The auditor of record, hired by the Provider, shall prepare and file with the County, a draft copy of the independent audit within 90 days after termination of this Agreement and prior to the exit conference. Within 120 days after the termination or expiration of this Agreement, the final independent audit report of related expenditures during the term of this Agreement, shall also be filed with the County. 13. Provider will assist and comply with audit resolution requirements as required by DAAS, including submitting to DAAS at the exit conference, a corrective action plan for any findings or recommendations, identified in the draft audit. 14. Provider must take appropriate action to correct instances of noncompliance with federal laws and regulations within six months after DAAS has received the audit report. 15. The Provider agrees to be subject to the examination and audit of the county for a period of three. (3) years after final payment under this grant. E. BUDGET AND BUDGET REVISIONS 1. The Provider will be reimbursed for expenses only as itemized in the budget approved by DAAS which is attached and hereby incorporated by reference. 2. The Budget must set forth in detail the reimbursable items, unit rates, and extended total amounts for each line item. The Progider's budget shall include, at a minimum, the following items when reimbursable under this Agreement: a. Direct and overhead costs. b. Rental reimbursement items should specify the unit rate, such as the rate per square foot. c. If purchase of equipment is a reimbursable item, the euqipment to be purchased should be specified. d. Any travel outside the State of California. 3. Budget and budget revisions shall adhere to any other provisions contained in the CDA Program Manual(s). 4. The Board of Supervisors delegates the authority to the Director of DAAS to make budget revisions provided the revisions do not result in the amount of the contract exeeding the previously Board-approved amount. F. SUBCONTRACTING The Director of DAAS is designated the authority to approve one or more subcontracts provided the agreement meets the following terms and conditions: Page 7 of 25 1. The policies and procedures used in processing and awarding the subcontracts are (a) organized and structured; (b) reasonable and equitable; (c) documented and approved by appropriate authorities; (d) consistent with federal, state, and local law applicable procurement requirements; (e) uniformly applied; and (f) open for public review and scrutiny. 2. All subcontracts require the advance written approval of the DAAS Director or designee. 3. Provider shall be responsible for the performance of any subcontractors and shall retain the prime responsibility for all terms and conditions set forth in this Agreement, including but not limited to, the responsibility for handling property in accordance with Article X and ensuring the accessibility, availability and retention of records of subcontractors in accordance with Article X. 4. Funds for this Agreement shall not be obligated in subcontracts for services beyond the ending date of this Agreement. 5. The Provider shall have no authority to contract for, or on behalf of, or incur obligations on behalf of the County. 6. Copies of subcontracts, memoranda and/or letters of understanding shall be on file with the Provider and shall be made available for review at the request of the County. 7. The Provider shall be responsible to ensure all subcontractors meet the insurance requirements and for monitoring the insurance requirements in accordance with Article V, Section C. 8. The Provider shall require all subcontractors to indemnity, defend and save harmless the Provider and the County, its officers, agents and employees from any and all claims and losses accruing to or resulting from any Providers, subcontractors, materialmen, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this Agreement were used and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the subcontractor in the performance of this Agreement. 9. The Provider shall ensure that the subcontractor will complete all reporting and expenditure documents requested by the Department. These reporting and expenditure documents shall be sent to the Provider in a timely manner and at intervals as determined by the Department. 10. A copy of the executed subcontract shall be submitted to the DAAS Director. ARTICLE IV. MONITORING, ASSESSMENT AND EVALUATION A. The County or any subdivision or appointee thereof and the State of California or any subdivision or appointee thereof shall have absolute right to review and audit all records, papers, documents, client files, corporate minutes and other performed items as reported, and shall have absolute right to monitor the performance of Provider and subcontractors in the delivery of services provided under this Agreement. Page 8 of 25 77 B. Provider shall permit DAAS to perform periodic program and fiscal monitoring visits. Authorized DAAS, State and/or Federal representatives shall also be permitted to monitor, assess and evaluate the Provider's performance as needed, pursuant to this Agreement. Said monitoring, assessment and evaluation may include, but is not limited to, fiscal records, audits, inspections of project premises, and interviews with Providers' employees and agents providing the service under this Agreement and recipients thereof. Provider will ensure cooperation and shall attend all meetings mandated by DAAS. C. Provider will cooperate fully in conducting any auditing, monitoring, assessment and evaluation process. This includes making any program and/or administrative staff (fiscal, etc.) available as a part of the process and filing a corrective action plan within 30 days of notification of the exception. D. INSPECTIONS 1. Provider shall make available to DAAS, State or Federal officials, its records and data with respect to all matters covered by this Agreement for inspection and audit. Said inspection and audit may be made .at any time, during normal business hours (CDA PM, Part G, Section 93.21 N 8). ARTICLE V. INDEMNIFICATION AND INSURANCE A. Provider agrees to indemnify, defend and hold harmless the County and its authorized officers, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising from Provider's acts, errors or omissions, and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. B. Without in any way affecting the indemnity herein provided, and in addition thereto, the Provider shall secure and maintain throughout the Agreement the following types of insurance with limits as shown: 1. Workers' Compensation - A program of Workers' Compensation insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the Provider and all risks to such persons under this Agreement. 2. Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than five-hundred thousand. dollars ($500,000). If applicable, Providers and subcontractors shall comply with the Public Utilities Commission (PUC) General Order No. 115-E which requires higher levels of insurance for charter-party carriers of passengers and is based on seating capacity as follows: $1,500,000 if seating capacity is 8-15; $5,000,000 if seating capacity is over 15; unless otherwise amended by future regulation. Page 9 of 25 3. Errors and Omissions Liability Insurance - Combined single limits of $1,000,000 for bodily injury and property damage, and $3,000,000 in the aggregate, or Professional Liability - Professional Liability Insurance with limits of at least $1,000,000 per claim or occurrence. C. ADDITIONAL NAMED INSURED All policies, except for the Workers' Compensation, Errors and Omissions, and Professional Liability policies, shall contain additional endorsements naming the County and its officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. D. WAIVER OF SUBROGATION RIGHTS Except for Errors and Omissions and Professional Liability, Providers shall require the carriers of the above required coverage to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, Providers and subcontractors. E. POLICIES PRIMARY AND NON-CONTRIBUTORY All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County. F. PROOF OF COVERAGE Provider shall immediately furnish certificates of insurance to DAAS, evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminagted or expire without thirty (30) days written notice to the department, and Provider shall maintain such insurance from the time Provider commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Agreement, the Provider shall furnish certified copies of the policies and endorsements. G. INSURANCE REVIEW 1. The above insurance requirements are subject to periodic review by the County. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interest of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. Page 10 of 25 2. Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. Provider agrees to execute any such amendment within thirty (30) days of receipt. ARTICLE VI. LAWSUITS Provider understands and agrees that any/all legal fees associated with lawsuits against the Provider, the County or State of California cannot be budgeted as a Provider expense and shall be paid by the Provider. ARTICLE VII. CONFIDENTIALITY A. Provider agrees to comply and require its officers, agents, employees, volunteers to comply with the provisions of Sections 15633.5 and 10850 of the Welfare and Institutions Code. Any violation of the confidentiality required' by this Chapter is a misdemeanor punishable by not more than 6 months in County jail, by a fine of $500, or by both fine and punishment. Respect for a client's right to privacy is of the utmost importance. Written consent from the client is desirable before releasing any information about the client to other agencies. B. Provider will take steps to ensure that no information about, or obtained from an individual, and in the possession of the Provider, will be discussed in a form identifiable with the individual, without the individual's informed consent. C. All client records are to be maintained in a locked file so as to safeguard information against theft, loss, destruction, or unauthorized use. ARTICLE VIII. CORRECTION OF DEFICIENCIES OR NON-PERFORMANCE A. PERFORMANCE STANDARDS AND REMEDIES 1. If for any reason the Provider's service, including services to targeted populations, falls 5% under or increases to 25% over the Agreement level during any calendar quarter, the Provider will submit to DAAS, within 30 calendar days, an analysis of the situation and if a problem exists the actions being taken to correct the problem. If the problem persists and at the sole discretion of DAAS, DAAS and the Provider may jointly prepare a written corrective plan with the time lines for completion. If the Provider fails to carry out the corrective action and does not meet a 100% Agreement level within the required time frame, sanctions will be invoked. If, after all appropriate actions have been taken, the service level still falls to 5% under or increases to 25% over the Agreement level, DAAS may in its sole discretion, adjust the Agreement level of service and the budget, thereby the funding, as appropriate. Page 11 of 25 2. The Provider agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to DAAS as a result of breach of this Agreement by the Provider, whether such breach occurs before or after completion of the project. B. APPEAL PROCEDURES The Provider shall file a formal written grievance with the DAAS Supervisor of Administrative Services within ten (10) county business days after the Provider is aware of the factors or conditions precipitating the agreement dispute. The written grievance shall set forth the subject of the grievance, identify the agreement clause in dispute, and shall provide a detailed statement of the grievance, including dates, names, places, and the specific remedy or action requested. The filing address is 686 E. Mill Street, San Bernardino, California 92415-0640. The Supervisor of Administrative Services shall provide a written response to the Provider within ten county business days of receipt of the grievance. If the Provider is not satisfied with the DAAS Supervisor of Administrative Services' response, the Provider may file a written grievance appeal, which shall include a statement by the Provider as to why the Supervisor's. response is not satisfactory, to the DAAS Director within ten county business days of receipt of the Supervisor of Administrative Services' response. The filing address is 686 E. Mill Street, San Bernardino, California 92415-0640. The Director will provide a written response to the Provider within ten county business days. If the Provider is not satisfied with the DAAS Director's decision, the written grievance may be registered in writing with the California Department of Aging, Case Management Branch, 1600 "K" Street, Sacramento, California 95814, within ten state business days following receipt of the DAAS Director's decision. The Provider shall submit to the California Department of Aging the original written grievance along with a copy of the Supervisor of Administrative Services' written response, the Provider's appeal to the Director, and the Director's decision. The California Department of Aging will have final authority for the decision of grievance claims. C. EARLY TERMINATION DAAS may suspend or terminate this Agreement without cause upon thirty (30) days written notice to the other party, except that such suspension or termination shall be effective immediately in the case of threat to health or safety of the public. ARTICLE IX. COUNTY RESPONSIBILITIES The County agrees to: A. Monitor and evaluate the performance of the Provider in meeting the terms of the Agreement and the quality and effectiveness of services provided based on the criteria as determined by the County. B. Provide consultation and technical assistance in monitoring the terms of this Agreement. Page 12 of 25 C. Approve an audit firm, selected by the Provider, to conduct a fiscal and program audit as specified in Article III. D. Compensate Provider for approved expenses in accordance with Article III of this Agreement. ARTICLE X. PROVIDER RESPONSIBILITIES A. GENERAL RESPONSIBILITIES 1. Provider must be incorporated and is responsible for advising the County of any actual or impending change in incorporation status. 2. Provider is to promote coordination with other supportive services. Provider agrees to cooperate with DAAS in its efforts toward developing a comprehensive and coordinated system of services for the elderly by participating in joint planning efforts and other activities mutually agreed upon to meet this goal. 3. If the Provider is a non-profit, the following requirements shall be met: private corporation, a. Training in program requirements, agreements with DAAS and non-profit board responsibilities shall be provided to all Board members. The training shall include but not be limited to: (1) Corporate officers and board member's responsibilities as defined by State law and this contract. (2) Provider's responsibility for training and placement of assigned Senior Employment Program participants. b. The Board shall be representative of the population and geographical regions served by the Contractor. client c. Minutes of Board meetings maintained and reflect adherence to by-laws. shall be accurately 4. Provider shall maintain and comply with written personnel policies and procedures consistent with the California Fair Employment and Housing Act. Provider shall recruit for vacant positions in an open and competitive application process free of discriminatory questions. Written job descriptions for all paid and volunteer personnel shall be maintained. 5. Provider is responsible for providing orientation and training for all paid and volunteer staff. Provider shall insure training is provided at least quarterly for all personnel. The training shall include but not be limited to: a. Material from CDA Policy Memo 95-04 (P) Section H, and the Hazard Analysis and Critical Control Point Program appropriate to each employee or volunteer. Page 13 of 25 b. The administrators of a volunteer program. c. The DAAS Management Information System (MIS). d. The preparation and submission of reports mandated by law and this Agreement. ee Assistance Program. Appropriate referrals to DAAS Senior Information and f. Employee training and placement responsibilities for assigned Senior Employment Program participants. 6. Provider shall complete a written evaluation annually on all paid and volunteer staff. work performance 7. Provider shall insure all paid and volunteer staff read and sign a certification of understanding of the Adult Abuse Reporting Act. 8. Provider shall provide the County with photocopies of all fire and health inspection reports and/or certificates immediately. 9. Provider shall conduct activities to target seniors and minority individuals for service. Activities shall include, but not be limited to, outreach and a written analysis of the Contractor's success in targeting services to minority individuals within their service area. B. SERVICES TO BE PROVIDED Provider shall provide all program services and perform all activities identified in Attachment A to this Agreement for the period July 1, 1997 through June 30, 1998. Provider shall, in a satisfactory manner, as determined by DAAS, conduct, administer and provide Outreach services for the elderly as defined in the attached Purchase Order and Exhibits A1 and B, and Certification Regarding Lobbying, Exhibit C, which are attached hereto and incorporated therein by reference. The aforementioned and all other exhibits are, by this reference, made a part of this Agreement as those fully set forth here. 1. Provider must provide each elderly person with a free and voluntary opportunity to contribute to the cost of the service. Provider must protect the privacy of each person with respect to his/her contribution and establish appropriate procedures to safeguard and account for all contributions. 2. Provider must develop a suggested contribution schedule for services which considers the income ranges of elderly persons in the community. Suggested contribution schedule is to be approved by DAAS. 3. Participants are to be screened to determine if a need exists for other services and referred to Senior Information and Assistance Services for follow-up. Page 14 of 25 4. Fire and health inspections are to be secured prior to beginning service provision and annually thereafter. 5. Provider shall provide a system through which seniors will have the opportunity to express and have considered their views, grievances and complaints regarding the delivery of services. The procedure must be in writing and made available to all recipients of services. 6. Provider shall employ bilingual staff and/or volunteers within service areas where a language other than English is commonly spoken. C. LAWS, LICENSES & STANDARDS 1. The Provider agrees to administer this Agreement and require any subcontractors to administer their subcontracts in accordance with this Agreement, and with all applicable local, State, and federal laws including, but not limited to, wages and hours of employment, occupational safety, and to fire, safety, health, and sanitation regulations, directives, guidelines, and/or manuals related to this Agreement and resolve all issues using good administrative practices and sound judgment. 2. Where the State or local public jurisdiction within the State requires license and/or standards to be met, for the provision of services, the Provider and its subcontractors will, in performing the services required under this Agreement, obtain all necessary licenses and/or permits and maintain such licenses and permits for the full term of the Agreement. If license and/or standards are required, verification of license and/or standards will also be required and will occur in conjuncti6n with monitoring vists. 3. The Provider agrees that the performance of work and services pursuant to the requirements of this Agreement shall conform to accepted professional standards. D. FISCAL RESPONSIBILITY Provider will ensure that all expenditures are supported by properly executed payroll, time records, invoices, agreements, vouchers, orders and any other accounting documents pertaining in whole or in part to this Agreement. Such documents will be clearly identified and readily accessible to DAAS staff, as may be required. E. CONFLICT OF INTEREST Provider shall make all reasonable efforts to ensure no conflict of interest exists between its officers, agents or employees. Provider shall make all reasonable efforts to prevent employees, consultants or members of governing bodies from using their position for purposes that are, or give the appearance of, being motivated by a desire for private gain for themselves or others, such as those with whom they have family, business or other ties. In the event the County determines a conflict of interest situation exists, any increase in costs associated with the conflict of interest may be disallowed by the County and such conflict may be grounds for termination of the Agreement. Page 15 of 25 F. PROHIBITION AGAINST NEPOTISM Webster's Ninth New Collegiate Dictionary defines nepotism as follows: "Favoritism shown to a relative (as by giving an appointive job) on a basis of relationship." Persons selected for program staff positions, after the effective date of this Agreement, may not be within the immediate family of other Provider staff in positions of authority, members of the Provider's governing board, or DAAS staff. Individuals within the immediate family of program staff may not serve on the Provider's governing board. An individual may have been selected or elected to the governing board before the effective date of this agreement, who has immediate family employed by the program. Either the Board member or the employed member(s) of the board member's immediate family, must resign from their position(s) within thirty (30) days of the effective date of this Agreement. Immediate family is spouse, child, grandchild, mother, father, grandparents, brother, sister, mother-in-law, father-in-law, daughter-in- law, son-in-law, aunt, uncle, niece, nephew, and members of the same household. G. AMENDMENTS TO AGREEMENT Any Agreement change requires initiation of a change to the Agreement in writing. Modification or amendment, as determined by' DAAS, shall be signed by both parties. H. GREATEST ECONOMIC OR SOCIAL NEED The Provider understands that one of its responsibilities under this Agreement is to ensure that "preference will be given to providing services to older individuals with the greatest economic or social needs (Older Americans Act of 1965 as Amended, Amendments of 1991, Public Law 98-459, 306 (a) (5) (A) (u) (I) (II)." "The term 'greatest economic need' means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census, and the term 'greatest socal need' means the need caused by non-economic factors which include physical or mental disabilities, language barriers, and cultural or social isolation including that caused by racial or ethnic status which restricts an individual's ability to perform normal daily tasks or which threatens his or her capacity to live independently." (Older Americans Act of 1965 as Amended, Amendments of 1991, Public Law 98-459, 306 (a) (5) (B)). Minimum program goals relating to minorities within this Agreement have been established by computing the percentage of minority elderly over 60 within the geographic area served by the Provider. I. PROVIDER INDEPENDENCE The Provider and the agents and employees of the Provider in the performance of this Agreement shall act in an independent capacity and not as officers, or employees or agents of DAAS, the County of San Bernardino or the State of California. Page 16 of 25 J. TRAINING AND MANPOWER DEVELOPMENT The Provider agrees to participate in appropriate staff training and development provided by DAAS, the CDA and the Administration on Aging. K. RECORDS 1. The Provider shall, at all times during the term of this Agreement, maintain complete fiscal, program and management records (which shall include, but not be limited to, accounting records, grants, agreements, letters of agreement, insurance documentation in accordance with Article XI, Memorandums and/or Letters of Understanding and client records) of its activities and expenditures hereunder in a form satisfactory to the County and/or State and in accordance with generally accepted accounting procedures. All records pertaining to the project shall be available for review and audit by the County, State or federal government or their duly authorized agents, at any time during normal business. hours. All such records must be maintained and kept available by the Provider, (a) until an audit has occurred and an audit resolution has been issued or unless otherwise authorized in writing by DAAS, (b) for such longer period, if any, as is required by applicable statute, by any other clause of this Agreement, or by Sections B or C, or (c) for such longer period as DAAS deems necessary, which will be a minimum of three (3) years after final payment under this Agreement. 2. If this agreement is completely or partially terminated, the records relating to the work terminated shall be preserved aHd made available for the same periods as specified in Section 1. 3. In the event of any litigation, claim, negotiation, audit exception, or other action involving the records, all records relative to such action shall be maintained and kept available until every action has been cleared to the satisfaction of the County and/or State and the Provider is advised in writing of the resolution. 4. Adequate source documentation of each transaction shall be maintained relative to the allowability of expenditures reimbursed by the County under this Agreement. If the allowability of expenditures cannot be determined because records or documentation of the Provider are nonexistent or inadequate according to generally accepted accounting principles, the expenditures will be questioned in the audit and may be disabllowed by the County and/or State during the audit resolution process. a. Accounting Records (CDA PM, Section G, Paragraph 93.7a) The Provider shall provide for adequate accounting systems and procedures to control and support all fiscal activities in accordance with policies issued by the Administration on Aging and the California Department on Aging. The Provider shall provide for those designated in the Chart of Accounts as identified by the categories in the budget display. It is mandatory that the Provider report fiscal operations to DAAS using the categories of transactions detailed in the Chart of Accounts. Page 17 of 25 b. Internal Control (CDA PM, Section G, Paragraph 93.11 through 93.21) Effective control and accountability shall be maintained for all grant cash, real and personal property and other assets. Provider shall adequately safeguard all assets and shall assure that they are used solely for authorized purposes. c. Budgetary Control (CDA PM, Section G, Paragraph 93.23) All budget changes within major categories, such as Salaries and Benefits, Equipment or Other Costs exceeding 10% of the approved budget, for that major category, represents a departure from the approved project plans and require DAAS' approval. Budget modification requests will be made to DAAS in the form of a written justification outlining specific shifts of funds that will be made. Note: The total amount of the change must not result in the Title III funds exceeding the authorized amount for all Title III funds. d. Allowable Costs (CDA PM, Section G, Paragraph 93.31) OMB Circular A-122, "Cost Principles for Non-Profit Organizations" shall be used as a guide for determining allowable costs. ee Source Documentation (CDA PM, Section G, Paragraph 93.39) Accounting records shall be supported by source documentation such as cancelled checks, original invoices, time sheets and payroll records, grant and contract award documents, in-kind documentation, etc., which are maintained to comply with record retention requirements. L. REPORTS 1. Provider, at such times and in such forms as DAAS may require, shall furnish statements, records, reports data and information requested by DAAS pertaining to Provider performance of services hereunder and other matters covered by this Agreement. The forms shall be reviewed for timeliness, completeness, and correctness of the information submitted, by the Program Director or his/her designee, prior to submission to DAAS. Incomplete forms shall be returned to the Provider for completion. (In the event of changes in these forms, DAAS shall advise the Provider via written notice.) The Provider shall develop and implement a process for ensuring quality control. 2. Provider shall meet the following standards for its financial management systems, as provided in the Title III Program Manual: ae Financial Reporting (CDA PM, Section G, Paragraph 93.5a) Accurate, current and complete disclosure of the financial results of each program shall be made in accordance with the financial reporting requirements of the grant. The following reports are to be submitted to DAAS when indicated: Page 18 of 25 1) Monthly (Due by 5th working day of the month). Monthly Program Reimbursement Expenditure Report/Request for 2) Semi-annually Budget Revision #1 (Due November 1) Budget Revision #2 (Due March 31) 3) Annually Financial Close-Out Report (Due August 1) Periodic Inventory (Due August 1 with Closeout) Audit Report (Due October 31) Revised Financial Close-out Report (Due October 31 with Audit Report) b. Program Reporting The following reports are to be submitted to DAAS when indicated: 1) Monthly (Due by the 5th working day of each month) III B Monthly Supportive Services Report 2) Quarterly Program modification request in writing to DAAS. Contractor will describe, in detail, necessary program change(s) and the reason(s) for the requested modification. 3. DAAS may require financial reports more frequently than indicated above or with more detail (or both), upon written notice to the Provider, until such time as DAAS determines that the financial management standards are met. 4. Provider is required to work in conjunction with the Department of Aging and Adult Services in developing and maintaining a Client Data Base. Unless otherwise specified, the National Aging Program Information System (NAPIS) Ontrack client tracking system will be used to collect data. The Provider is responsible for filling out the Client Intake Form, and transmitting the client information to DAAS on an ongoing basis. The Provider is also responsible for all equipment installed at their site(s) which will be used to automate client units of service. Said Provider is responsible for maintaining the equipment in good working order and replacing the equipment should it be damaged and/or stolen. Unless otherwise specified, equipment installed at each individual site includes one (1) DuraWand, one (1) Fax Modem, and one (1) Wall Timer. M. PROPERTY MAnAGEMEnT 1. All equipment purchases over $500.00 require the written approval of the Director of the Department of Aging and Adult Services or his designee prior to purchase. Page 19 of 25 2. All equipment, materials, supplies or personal property of any kind purchased with agreement funds provided herein shall be in accordance with CDA PM, Part G, Section 93.19, and if not fully expended or consumed prior to the termination of this Agreement shall be the property of the CDA, unless otherwise directed by the CDA. All equipment must be used to conduct business under this Agreement. 3. The Provider shall exercise due care in the use, maintenance, protection, and preservation of personal property during the period of the project. The Provider shall be held liable for all losses of or damage to non-expendable equipment or material resulting from negligence or improper implementation of safeguards. 4. The Provider shall record the following information when property is acquired: a. Date acquired. b. Property description (include model number). c. Property identification number (serial number). d. Cost or other basis of valuation. e. Fund source, and The Provider shall keep track of property purchased with funds under this Agreement. The Provider shall submit to DAAS, annually with the Close-out, a current inventory of property furnished or purchased with funds awarded under the terms of this Agreement or any predecessor agreement for the same purpose. 5. a. The disposal, loss and/or destruction of property or equipment shall be fully documented by the Provider with copies thereof provided to DAAS along with the monthly expense report for the month in which the loss occurred. five (5) property. b. The Provider shall immediately investigate and within days fully document the loss, destruction, or theft of such c. Loss by fire, vandalism, or theft must be immediately reported to the fire department or law enforcement agency, as applicable. A copy of the fire department or law enforcement agency report of the incident shall also be forwarded to DAAS. d. DAAS shall be notified of the loss within seventy- two (72) hours of the discovery of the loss. 6. The Provider shall exercise due care in the use, maintenance, protection, and preservation of such property during the period of the project, and shall assume responsibility for replacement or repair of such property during the period of the project and until the Provider has complied with all written instructions from the State via DAAS regarding the final disposition of the property. 7. In the event of the Provider's dissolution or upon termination of this Agreement, the Provider shall provide a final property inventory to DAAS. Page 20 of 25 8. The Provider shall use the property for the purpose for which it was intended under the Agreement. In no instance shall equipment be loaned to other programs or organizations without the written approval of the Director of the Department of Aging and Adult Services or his designee. 9. The Provider or subcontractor shall not use equipment or supplies acquired under this Agreement with federal and/or state monies for personal gain or to usurp the competitive advantage of a privately-owned business entity. 10. If purchase of equipment is a reimbursable item, equipment to be purchased will be specified in the budget. the 11. The Provider shall include the provisions contained in Article III, Section E in all its subcontracts awarded under this Agreement. 12. Equipment that is worn beyond economical repair must be reported to DAAS on the monthly expense report. It shall be the responsibility of DAAS after receiving this report to instruct the Provider as to the proper method of disposal. 13. Once Provider has received disposal~ authorization for a vehicle to be salvaged, Provider shall ensure that all identifying lettering, signs, etc., are removed. 14. Prior to replacement of any property, Provider must obtain written authorization from DAAS. 15. Any equipment purchased with agreement funds will be subject to inspection, over the life of the equipment, and if not used, under-used or misused, may be claimed by DAAS for redistribution to other DAAS projects. 16. Vehicles purchased with agreement funds shall also have the following language painted or affixed by other means on the vehicle: "Vehicle purchased with Older Americans Act Funds." 17. Any equipment purchased shall be reported on the Expenditure and Claim for Reimbursement Report for the month in which the equipment was purchased. DAAS will verify approval for purchase was given prior to the purchase of the equipment. 18. Equipment will be periodically inventoried by DAAS to insure all equipment purchases are properly approved, documented, and recorded on the inventory. Significant violations may result in the imposition of sanctions. N. Provider shall notify the County, in writing, of any change in mailing address and/or physical location within (10) days of the address change. O. Provider shall comply with all applicable local health and safety codes, including fire clearances, for each site where program services are provided under the terms of this Agreement. Page 21 of 25 ARTICLE XI. GENERAL PROVISIONS A. This Agreement has no force or effect until signed by both parties. B. County shall have Power of Attorney to pay delinquent debts and unpaid wages incurred by Provider, from appropriated funds under this Agreement, in the event debts and wages have not been paid or are not current. C. Provider understands and agrees that the Agreement shall be governed and construed in accordance with the Older Americans Act of 1965 as amended and with California State and Federal laws. D. The Provider and its subcontractors shall not lawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition (cancer), age or marital status, denial of~ family and medical care leave and denial of pregnancy disability leave. The Provider and its subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Provider and its subcontractors agree to fully comply with the laws and programs (including regulations issued pursuant thereto) which are listed following this paragraph and/or referenced in other sections of this Agreement. Such compliance is required to the extent that such laws, programs and their regulations are by their own terms, applicable to this Agreement. Provider warrants that he/she will make himself/herself thoroughly familiar with the applicable provisions of said laws, programs and regulations prior to commencing performance of the Agreement. DAAS will provide assistance to Provider in obtaining copies of said laws, programs and regulations upon request. To the extent applicable the provisions of said laws, programs and regulations are deemed to be a part of this Agreement as if fully set forth herein. 1. The San Bernardino County Affirmative Action Compliance Program, Policy 11-15, Minority Business Enterprise (MBE) 15% and Women Business Enterprise (WBE) 5%. 2. Vietnam Era Veterans' Readjustment Assistance Acts of 1972 and 1974, as amended. Pub. L. 92-540, Title V, Section 503 (a), Pub. L-93-508, Title IV, as amended, Section 402. (38 USCA 2021-2027). 3. California Fair Employment and Housing Act, Government Code Section 12900, et. seq. This Provider shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work compliance provisions of this clause in all subcontracts to perform work under this Agreement. 4. Civil Rights Act of 1964, as amended in 1991 (42 USCA 2000a to 2000h6) and Executive Order 11375 and as supplemented in Department of Labos regulations (41 CFR, Part 60). (See Exhibit C.) Page 22 of 25 5. Drug-Free Workplace Act of 1990. 6. Title III Program Manual for Area Agencies On Aging. 7. Grants in Excess of $100,000. Clean Air Act as amended (42 USCA 7401); Clean Water Act as amended (33 1368); Federal Water Pollution Control Act as amended (33 USCA 1251, et. seq.); and Environmental Protection Agency Regulations (40 CFR Part 15 and Executive Order 11738). 8. Providers Participating in Facility Construction or Repair Davis-Bacon Act (40 USCA 276a-7) (29 CFR, Part 5); Copeland "Anti-Kickback" Act (18 USCA 874, 40 USCA 276a) (29 CFR, Part 3); Grant Work Hours and Safety Standards Act (40 USCA 327-330) (29 CFR, Part 5); and Executive Order 11246 of September 14, 1965, entitled "Equal Employment Opportunity" as amended by Executive Order 11375 of October 13, 1967, as supplemented in Department of Labor Regulations (41, CFR Part 60). 9. Provisions Against Lobbying Exhibit C to this Agreement entitled "Certification Regarding Lobbying". 10. The Americans With Disabilities Act of 1990. (42 USC 12101.) The purpose of the Act is to support individuals with disabilities to access employment and various services in both the public and private sectors. The Act establishes civil rights for individuals with disabilities. 11. Elder and Dependent Adult Abuse Reporting Requirement Provider will ensure that all known or suspected instances or elder or dependent adult abuse are reported to DAAS Adult Protection Services staff. In accordance with Welfare and Institutions Code 15630 (a) all employees of the Provider and its subcontractors are mandated reporters of elder and dependent adult abuse. Mandated reporters are required to report all instances of physical abuse of elderly and dependent adults and may report other types of abuse. Physical abuse must be reported under the following circumstances: 1) When the reporter has observed an incident that reasonably appears to be physical abuse; 2) When the reporter has observed a physical injury where the nature of the injury, its location on the body, or the repetition of the injury clearly indicates that physical abuse has occurred; 3) When the reporter is told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse. A telephone report of physical abuse must be made immediately or as soon as possible. A written "Report of Dependent Adult/Elder Abuse" (SOC 341) must follow within two (2) working days. Incidents of elder and dependent adult abuse must be reported to the correct agency as follows: 1) If the abuse has occurred in a long term care facility, except a State mental hospital or State developmental center, the report shall be made to the local Long Term Care Ombudsman or local law enforcement; 2) If the abuse has occurred in a State mental hospital or State developmental center, the Page 23 of 25 9Z report shall be made to the designated investigators of the State Department of Mental Health or the State Department of Developmental Services or to the local law enforcement; 3) If the abuse occurred anywhere other than a long term care facility or state mental hospital or state developmental center, the report shall be made to Adult Protective Services or local law enforcement. Under the terms of this contract as changes in the Elder and Dependent Adult Reporting Law are enacted the Provider is bound to comply with the most current regulations. E. Disaster Preparedness In order to provide emergency assistance or continue services to at-risk elderly or dependent adults in the event of disaster, Provider will maintain accurate lists of all clients who are receiving home-delivered meals and/or other services due to impairments which render them at risk of serious injury or death. Provider will coordinate and report disaster services and issues with DAAS. F. Publications Any books, reports, pamphlets, papers, articles, or other materials published or transferred, including newspaper reports, based on activities funded by this Agreement, must (a) carry an acknowledgement of funding by the San Bernardino County DAAS. The following language should be used: "These materials or products are the result of a project funded in part or in whole by the County of San Bernardino Department of Aging and Adult Services through the Older Americans Act, as amended;" (b) give the name of the entity, the address, and telephone number at which the supporting data is available; (c) include a statement that the conclusions and opinions expressed may not be those of the State and/or DAAS and that the publication may not be based upon or inclusive of all raw data. G. Copyrights If the Agreement results in a book or other copyrightable material(s), the author is free to copyright the work, but DAAS reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, all copyrighted material which can be copyrighted resulting from the Agreement. H. Unauthorized Activities All activities not expressly authorized by this Agreement shall be prohibited without the express written permission of the DAAS Director or his authorized agent. I. Binding Contract In the event any portion of this Agreement is found to be invalid, the remaining portions shall continue to constitute a valid and binding Agreement. J. Religious Activity Prohibited proselytizing Agreement. Provider agrees it will not perform or permit any religious activities in connection with the performance of this Page 24 of 25 K. Entire Agreement This Agreement consisting of 25 pages and Exhibits A through C inclusive, is the full and complete document describing services to be provided by the Provider to County. There are no other or further written or oral understandings or agreements with respect to this Agreement. No variation or modification of this Agreement and no waivers of its provisions shall be valid unless in writing and signed by all parties. DIRECTOR, DEPARTMENT OF AGING AND ADULT SERVICES AUTHORIZED AGENCY REPRESENTATIVE, TITLE Page 25 of 25 Exhibit A-1 WORK PLAN FY 1997-98 This work plan contains the measurable objectives mandated by DAAS of the service provider. The work plan specifies and establishes time frames either on an annual basis or, where required by state regulations, on a quarterly basis. The work plan constitutes the primary document for ongoing monitoring, Annual Program Performance Review/Fiscal Audit and will be used to measure the provider's efforts toward providing quality Outreach services. I. Scope of Work A. Geographic Area/Clientele and Eligibility Criteria The geographic area served by this provider covers the City of Rancho Cucamonga. The clientele served by this agreement consists of seniors 60 and over. Bo Program Description 1. Purpose: Outreach is provided to identify potential clients and their use of existing services and benefits. Definition: Outreach services are interventions in groups or individual contacts for the purpose of identifying potential clients and their use of existing services and benefits. C. Intended Outcomes 1. Outreach Provide 700 contacts with seniors annually to those who are not eligible for these services from any other resource and who cannot afford to pay for these services. Staff and/or volunteers providing services must be trained and qualified in the safe provision of Outreach services. These services must be provided to at least 700 unduplicated seniors of which 84 are to be minority low-income seniors. II. Develop and have on hand, for review by DAAS, a cost allocation plan which explains the methods used to allocate costs between programs with funds received from DAAS. Conduct a client or participant satisfaction survey at least once a year. The survey form must be approved by designated DAAS staff prior to its use and all findings from the survey must be used to improve services. The returned surveys and tabulated results must be kept on file for review by DAAS staff. Service Delivery Activities A. Staffing Sufficient personnel shall be available to carry out the needs of the program. This includes a Director and additional personnel as determined by the size of the service area and the method and level of service provision needed to fully comply with the terms of this work plan and agreement. B. Volunteer Staff Volunteers are individuals who work without pay in the performance of essential duties to conduct the program. In some cases, the Director may be a volunteer. 2. Volunteers shall not replace paid personnel. Clients will be given priority for services who are socially and/or economically needy and who are not eligible for services from any other source. Further, individuals referred by DAAS staff shall be given first priority for services under this agreement. Definitions: Economically Needy: Seniors whose income is at or below the SSI/SSP level. Socially Needy: Seniors who have at least two of the following character- istics: Disabled, Language/Communication Barrier, Lives Alone, Age 75+. D. Training Activities Provide training both on the job and in formal training sessions, as appropriate, to improve the understanding of paid staff about the service(s) being provided. Wherever required by law and/or III. ordinance licensed staff must be trained to carry out assigned duties. In addition, annually evaluate paid staff performance to determine his/her effectiveness, skill development and understanding of tasks they are assigned. Documentation of training shall be kept on file at the provider's main office for review by DAAS during program monitoring to be scheduled and conducted by DAAS. Volunteers should be provided on the job training and opportunities for formal training to improve skills and understanding of the service being provided. Wherever required by law or ordinance volunteers must be trained and/or licensed to carry out assigned duties. Documentation of training shall be kept on file at the provider's main office for review by DAAS during. program monitoring to be scheduled and conducted by DAAS staff. Other Service Requirements A. Physical Set-Up Where services are provided in a care center, office or any setting outside the client's home, the enviro~nment must be attractive, clean and fr~e from obstacles which could cause injury. e Post floor plans identifying emergency exits, assembly areas, etc. and conduct evacuation drills at least twice a year. Proof of evacuation drills will be kept on file duly signed by the Fire Marshal or other authorized agency within the community where the service site is located. B. Donations and Confidentiality Encourage seniors to donate by letting them know verbally that donations are accepted and are important to maintaining the service(s) provided. Post signs where appropriate stating that donations are accepted. The provider shall not in any way employ tactics which could be viewed as coercion, embarrassing, and/or obligatory to the service being provided. 2. All contributions shall be used to increase the amount of service being provided in the program(s) funded by DAAS. C. Coordination Activities Provider shall participate within appropriate coordination bodies established by state law and/or county' ordinance. Provider shall include the following statement on all advertising, posters and brochures, etc.: "Funding for this service has been provided by the San Bernardino County Department of Aging and Adult Services through a grant award from the California Department of Aging." Provider shall coordinate service with other county departments and local agencies by providing time within the facility during participant meetings, staff meetings and volunteer meetings, etc., for presentations on special activities that promote a Community Based System of Care for elderly clients. All coordination activities must be documented and kept on file for review by DAAS. Provider shall coordinate service with other county departments and local agencies by providing time for presentations or special activities that promote a Community Based System of Care for the elderly participants attending their sites. All such activities must be documeted and kept on file for review by DAAS. D. Reporting Requirements Report all known or suspected cases of elderly or dependent adult abuse to DAAS Adult Protective Services or law enforcement immediately or as soon as possible by telephone, and send a written report within two (2) working days. Abuse of an elder or dependent adult means physical abuse, neglect, intimidation, cruel punishment, fiduciary abuse, abandonment, isolation or other treatment with resulting physical harm or pain or mental suffering or the deprivation by a care custodian of goods or services which are necessary to avoid physical harm or mental suffering. Report service and client data by the 5th working day of the month on CDA 186 forms which will be verified by DAAS during the annual program audit. Additionally, establish audit files which include but are not limited to a copy of the 186 report. e Report monthly expenditures to DAAS by the 5th working day of the month. Maintain support files including but not limited to invoices, payroll, and other supporting documents, all of which will be attached to a copy of the expenditures report and kept on file by month for review during the Annual Audit. Maintain records, by month, that support claimed in-kind expenditures. In the event additional funds become available, the provider will use the funds to increase the Outreach services provided to elderly clients by either increasing the number of individuals served or by increasing the units of service provided or both. Exceptions to this requirement, for instance the use of additional funds to purchase equipment, must be fully documented in writing and submitted to the department for prior approval. Failure to abide by this work plan will constitute just cause for sanctions being imposed. o ',~ ~ o ~ :~ ATTACHMENT C San Bernardino County CDA 217 (6/96) Departmen1 of Aging ana Adult Services CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned cedifies, to the best of his or her knowledge and belief, thai: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the breaking of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form fo Repod Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this cedification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclosure accordingly. This cedification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this cedification is a prerequisite for making or entering info this transaction imposed by Section 1352, Title 31; U.S. Code. Any person who fails to file the required c:edification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CONTRACTOR STATE AUTHORIZED SIGNATURE TITLE DATE CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 19, 1997 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer,,/--¥~ SUBJECT: ACCEPTANCE OF STREET IMPROVEMENTS, RELEASE OF BONDS AND FILE A NOTliCE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 13890-1, LOCATED ON THE NORTH SIDE OF HIGHLAND AVENUE, SOUTH OF BANYAN STREET AND WEST OF DEER CREEK CHANNEL RECOMMENDATION: The required improvements for Tract 13890-1 have been completed in an acceptable manner, and it is recommended that the 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 Irrevocable Authority to Pay in the amount of $966,000.00. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 13890-1, located on the north side of Highland Avenue, south of Banyan Street and west of Deer Creek Channel, the applicant was required to complete street improvement for the tract. Theretbre, it is recommended that City Council release the existing Faithful Performance Bonds as follows: Developer: Homestead Land Development c/o Greystone Homes, Inc. 495 E. Rincon, Suite 115 Corona, CA 91719 Release: Faithful Perfortnance Irrevocable Authority to Pay #2/1/90B $966,000.00 Respectfully submitted, City Engineer WJO:LRB:ls /z 2. RESOLUTION NO. ~ 7"/7 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13890-1, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 13890-1, 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, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: By: SUBJECT: November 19, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Lin~la R. Beek, Jr. Engineer RELEASE OF LABOR AND MATERIAL SURETY FOR CUP 95-39, STREET IMPROVEMENTS, LOCATED AT 12167 ARROW HIGHWAY, BETWEEN I- 15 AND ETIWANDA RECOMMENDATION: It is recommended that the City Council release the Labor and Material Surety for CUP 95-39, street improvements, located at 1216'7 Arrow Highway, between I- 15 and Etiwanda. BACKGROUND/ANALYSIS: Per previous Council action, CUP 95-39 was accepted and the Faithifil Performance Surety was released. The Notice of Completion was recorded on September 3, 1997. The time period in which to file a Stop Notice has expired as of November 3, 1997. No stop notices have been filed. Therefore, it is recommended that City Council release the Labor and Material Surety. Respectfully submitted, WilWaff~ J. O'Neil City Engineer WJO:LRB:Is Attachment CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: By: SUBJECT: November 19, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Michael D. Long, Supervising Public Works Inspector ACCEPT THE RANCHO CUCAMONGA PUBLIC LIBRARY LITERACY PROGRAM IMPROVEMENT PROJECT, CONTRACT NO. 96-058, AS COMPLETE, RELEASE THE BONDS AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTPM, CT AMOUNT OF $40,165.25 RECOMMENDATION: It is recommended that the City Council accept the Rancho Cucamonga Public Library Literacy Program Improvement Project, Contract No. 96-058, as complete, authorize the City Engineer to file a Notice of Completion, and retain the Faithful Performance in the amount of $38,170.00 to be used as the Maintenance Bond and authorize the release of the Labor and Materials Bond in the amount of $38,170.00, six months after the recordation of said Notice if no claims have been received. Also, approve the final contract amount of $40,165.25. BACKGROUND/ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The final contract amount, based on project documentation, is $40,165.25, xvhich includes one contract change order in the amount of $1,995.25 for additional lighting in the office area. Respectfully submitted, City Engineer WJO:MDL:ls Attachment 10S RESOLUTION NO. 9 ?"'/7 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE RANCHO CUCAMONGA PUBLIC LIBRARY LITERACY PROGRAM IMPROVEMENT PROJECT, CONTRACT NO. 96-058, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for the Rancho Cucamonga Public Library Literacy Program Improvement Project, Contract No. 96-058, 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. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 19, 1997 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer By: Michael D. Long, Supervising Public Works Inspector SUBJECT: ACCEPT THE BASE LINE PARKWAY IMPROVEMENTS ALONG THE NORTH SIDE OF BASE LINE ROAD, ADJACENT TO THE FUTURE CENTRAL PARK, CONTRACT NO. 97-023, AS COMPLETE, RELEASE THE BONDS AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $83,641.43 RECOMMENDATION: It is recommended that the City Council accept the Base Line Parkway Improvements along the North Side of Base Line Road, Adjacent to the Future Central Park, Contract No. 97-023, as complete, release the bonds and authorize the City Engineer to file a Notice of Completion, and retain the Faithful Performance in the amount of $98,964.30 to be used as the Maintenance Bond and authorize the release of the Labor and Materials Bond in the amount of $85,753.68, six months after the recordation of said Notice if no claims have been received. Also, approve the final contract amount of $83,641.43. BACKGROUND/ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The final contract amount, based on project documentation, is $83,641.43, which includes one contract change order in the amount of $11,580.00 for providing additional hardscape work adjacent to Milliken Avenue. Respectfully submitted, ' / William J~O~Neil City Engineer WJO:MDL:ls Attachment RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE BASE LINE PARKWAY IMPROVEMENTS, ALONG THE NORTH SIDE OF BASE LINE ROAD, ADJACENT TO THE FUTURE CENTRAL PARK, CONTRACT NO. 97-023, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for the Base Line Parkway Improvements, along the north side of Base Line Road, adjacent to the future Central Park, Contract No. 97-023, 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. CITY OF RANCHO CUCAIMONGA STAFF REPORT DATE: November 19, 1. 997 TO: Mayor and Mernbers of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer By: Michael D. Long, Supervising Public Works Inspector SUBJECT: ACCEPT THE; WIDENING OF ARROW ROUTE AT BNSF RAILROAD CROSSING PROJECT, CONTRACT NO. 96-056, AS COMPLETE, RELEASE THE BONDS AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $98,964.30 RECOMMENDATION: It is recommended that the City Council accept the Widening of Arrow Route at BNSF Railroad Crossing Project, Contract No. 96-056, as complete, authorize the City Engineer to file a Notice of Completion, and retain the Faithful Performance Bond in the amount of $98,964.30 to be used as the Maintenance Bond and authorize the release of the Labor and Materials Bond in the amount of $85,753.68, six months after the recordation of said Notice if no claims have been received. Also, approve the final contract amount of $98,964.30. BACKGROUND/ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The final contract amount, based on project docurnentation, is $98,964.3(;, which includes four contract change orders in the amount of $14,739.00, providing an SCE meter pedestal for the BNSF Railroad and the placement and maintenance of a road closure for BNSF work crews. Respectfully submitted, Willia ~ ',57m~'. ~~ City Engineer WJO:MDL:ls Attachment RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE WIDENING OF ARROW ROUTE AT BNSF RAILROAD CROSSING PROJECT, CONTRACT NO. 96-056, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for the Widening of Arrow Route at BNSF Railroad Cr6ssing Project, Contract No. 96-056, 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. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 19, 1997 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer By: Michael D. Long, Supervising Public Works Inspector SUBJECT: ACCEPT THE TRAFFIC SIGNAL AND SAFETY LIGHTING AT MILLIKEN AVENUE AND VICTORIA PARK LANE, CONTRACT NO. 97-003, AS COMPLETE, RELEASE THE BONDS AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTR_ACT AMOUNT OF $147,720.95 RECOMMENDATION: It is recommended that the City Council accept the Traffic Signal and Safety Lighting at Milliken Avenue and Victoria Park Lane, Contract No. 97-003, as complete, authorize the City Engineer to file a Notice of Completion, and retain the Faithful Performance in the amount of $137,075.00 to be used as the Maintenance Bond and authorize the release of the Labor and Materials Bond in the amount of $137,075.00, six months after the recordation of said Notice if no claims have been received. Also, approve the final contract amount of $147,720.95. BACKGROUND/ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the', City Engineer. The final contract amount, based on project documentation, is $147,720.95, which includes one contract change order in the amount of $10,645.95 for additional concrete removals, AC removals and landscaping. Respectfully submitted,. Willi~. ~),Ne~d~il~~ City Engineer WJO:MDL:ls Attachment J III RESOLUTION NO. q 7"/~?- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE TRAFFIC SIGNAL AND SAFETY LIGHTING AT MILLIKEN AVENUE AND VICTORIA PARK LANE, CONTRACT NO. 97-003, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAg, the construction of public improvements for the Traffic Signal and Safety Lighting at Milliken Avenue and Victoria Park Lane, Contract No. 97-003, 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. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CHAPTER 9.30 OF TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO LOITERING BY MINORS. THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: Section 1. Sections 9.30.010 and 9.30.020 of Chapter 9.30 of Title 9 of the Rancho Cucamonga Municipal Code hereby are amended to read, in words and figures, as follows: "Section 9.30.010 Loitering by minors after curfew prohibited. It is unlawful for any minor to be in or upon the public streets, highways, roads, alleys, parks, playgrounds, public buildings or other places open to the public, places of amusement, eating establishments, or any vacant lots between the hours of 10:00 p.m. and sunrise immediately following. This section shall not apply: "(a) When the minor is accompanied by his or her parent, legal guardian, or other person having the care or custody of the minor; or "(b) When the minor is engaged in or going directly to or returning directly from any lawful activity with the written permission of the minor's parent or legal guardian; or "(c) When the minor is traveling directly to or from his or her place of gainful employment or to or from a medical appointment and the minor can produce written evidence of same; or "(d) When, with the approval of the minor's parent, legal guardian or other adult person having the care or custody of the minor, such minor is traveling directly to or from a meeting, entertainment, recreational or school activity, or dance and the minor can produce written evidence of such approval; or "(e) During such time as the minor is exercising rights protected by the First Amendment of the United States Constitution or Article 1 of the California Constitution, including, but not limited to, free exercise of religion, freedom of speech and/or freedom of assembly, provided such minor has in his or her possession a form of written consent signed by the minor's parent or legal guardian. The form of consent must state the hours during which the minor is permitted to be away from home, the nature of the permitted activities involving the exercise of constitutional rights, and the specific location where the minor is permitted to be during such hours; or 970905 11231-00001 gg 1950018 "(f) When the minor is emancipated pursuant to the laws of any state, provided the minor maintains written evidence of such emancipation in his or her possession during curfew hours; or "(g) When the minor is in a motor vehicle involved in interstate or intrastate travel provided that in the event the minor is not accompanied by his or her parent or guardian, the minor possesses a parent's or guardian's written consent thereto; or "(h) When the minor is homeless. "Section 9.30.020 Daytime loiterin~ by minors prohibited. It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education, to be in or upon the public streets, highways, roads, alleys, parks, playgrounds, public ibuildings or other places open to the public, places of amusement, eating establishments, or any vacant lots during school hours and on school days applicable to such minor. This section shall not apply: "(a) When the minor is accompanied by his or her parent, legal guardian, or other adult person having the care or custody of the minor; or "(b) When the minor is on a medical emergency errand directed by his or her parent, legal guardian, or other adult person having care or custody of the minor and can produce written evidence of same; or "(c) When the minor is traveling directly to or from a medical appointment and can produce written evidence of same; or "(d) When the minor has in his or her possession written permission or a permit to leave the school campus, or is traveling to or from, or is otherwise engaged in an event or activity sponsored, sanctioned or arranged for by the minor's school and in which the minor is authorized to participate." Section 2. Civil Remedies Available. A violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. Section 3. 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, or by preemptire legislation, such decision or legislation 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 970905 11231-00001 9g 1950018 - 2 - 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, or be preempted. Section 4.. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED, this , 1997 day of I, , City Clerk of the City of Rancho Cucamonga, 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 , 1997, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 1997, by the following vote: AYES: Councilmember: NOES: Councilmember: ABSENT: Councilmember: ABSTAINED: Councilmember: ATTEST: City Clerk of the City of Rancho Cucamonga 970905 11231-00001 gg 1950018 - 3 - 115 SEP-24-1997 I?:14 KiQHA~DS bATSON S GE~SHON P. 0~/0S AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING TITLE 9 OF THe. RANCHO CUCAMONGA MUNICIPAL CODE AND ESTABLISHING REGULATIONS APP~.ICABL~ TO LANDLORDS RRNTING PROPERTY UPON W~IC~ SPECIFIED DRUG AND/OR GANG RELATED ACTIVITIES ARE OCCURRIN~. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: Section 1. Title 9 of the Rancho Cucamonga Municipal Code is hereby amended by Khe addition of a new Chapter 9.34 to read, in words and figures, as follows: "Chapter 9.34 "NARCOTICS AND GANG-R~LATED CRIME EVI_C~ION PROGRAM "Sec%i_ons: "9.34.010 "9.34. 020 "9.34.030 "9.34. 040 "9.34.050 "9.34.060 Definitions. Duties of the landlord. Administrative procedures. Recovery of possession by landlord. Enforcement. Lien auUhorized. "9.34.010 D_efinitions. For purposes of this Chapter, the foiiowing definitions sh~11 apply: "A. 'Controlled Substance' shall mean any drug, substance, or i~'~ediate precursor, as liszed in the Uniform Controlled Substances Act, Health and Safety Code Section 11000, et seq. "B. 'Drug-Related Nuisance' shall mean any activity rela~ed to the possession, sale, use or manufacturing of a controlled substance that creates an unreasonable interference with the comfortable enjoymen~ of life, property and sa~e~y of other residents of the premises or residents occurring within a 1000 foot radius from the boundary lane of the premises. Such activity includes, but is not limited =o, any activity commonly associa=e~ with illegal drug dealing, such as noise, steady traffic day and night to a particular uni~, barricaded units, display or observance of weapons, SE~-24- l aS~' 1 ?: 14 E ! CHARDS [dATSON drug loiUering as defined in Health and Safety Code Section 11532, or other drug-related circumstances. "C. 'Gang-Related Crime' means any crime in which the perpetrator is a known member of a gang, or any crime motivated by gang me~tbership in which the victim or the intended victim of =he crime is a known member of a gang. "D. 'Illegal Drug Activity' means a violation of any of the provisions of Chapter 6 (commencing with Section 11350) or Chapter 6.S (commencing with Section 11400) of the Health and Safety Code, or any successor provisions thereto. "E. 'Landlord' means any owner, lessor, or sublessor (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to.receive rent for the use of any rental unit, or the agent, representaCive or successor of any of the foregoing. "F. 'Premises' means any rental unit and the land on which it and any other buildings of a complex are located and common areas, including but not limited to, garage faciliCies, s~ree~s, alleyways, stairwells and elevators. "G. 'Rental Unit' means any dwelling as defined in Section 17.02.140 of this Code, including, but not limited to, any single and multi-family residence, duplex, and/or condominium in the City of Rancho Cucamonga. This term shall also include any mobile home, whether rent is paid for the mobile home, the land upon which the mobile home is located, or both. It shall also mean any recreational vehicle, as defined in California Civil Code Section 799.24, if located in a mobile home park or recreational vehicle park, whether rent is paid for the recreation vehicle, the land upon which it is located, or both. "H. 'Tenant' means any tenant, subCenant,' lessee, sublessee or any person entitled to use or occupancy of a rental unit, or any other person residing in the rental uni~. · "9.34._02D Dut_i~s o~ the landlo~_d. cause or knowingly permit: A landlord shall not "A. Any premises under his or her concrol to be used or maintained for any illegal drug activity, gang-related crime, or in such manner as to constitute a drug-related nuisance; or !17 SE~-24-ZaS~ ~?:L5 R[,£NAPZ, S ~ATSON ~ GE~SHON "B. Any tenant to use or occupy premises under the landlord's control, if the tenant commits, permits, maintains or is involved in any illegal drug activity, gang-related crime, or drug-related nuisance on the premises or within a 1000 foot radius from the boundary line of the premises. "9.34.030 Administrative procedures. The City Attorney, or his or her designee, may promulgate such administrative procedures as may be necessary to be implement the provisions of this Chapter. "9-34.0{0_..~qoverY of Dossession bv landlord. "A. Gro~ds for eviction. Notwithstanding any provision of the Rancho Cucamonga Municipal Code to the contrary, a landlord may bring an action to recover possession of a rental unit upon any of the following grounds~ 1. The tenant is committing or permitting to exist any illegal drug activity, gang-related crime, or drug-related nuisance on the premises or within a 1000 foot radius from the boundary line of the premises, or 2. The tenant has been convicted of a crime wherein the underlying offense involves illegal drug activity, drug-related nuisance activity or a gang- related crime on the premises. "9.34.050 Enforcement. If the landlord has been served with written notice that he or she is in violation of Section 9.34.020A hereof and has failed to comply with the provisions of said Section within seven (7) days of the date of service of such notice, the City may file an action for injunctive relief or utilize any other remedy provided by law to compel compliance, including, but no~ limited to, all remedies available to abate a nuisance. A court rendering a jud9~nent pursuant to this Subsection B may, in a~dition to any other penalty or remedies provided by law, impose a civil penalty in the maximum amount permitted by law, payable to the City of Rancho Cucamonga, and/or require the payment of the City's reasonable attorney's fees, and costs of investigation, discovery and court costs. "9.34.060 Lien authorized. Any judgment for money may be recorded as a lien on the subject property and if multiple defendants exist, they shall be jointly and severally liable for any payments so ordered." - 3 - 5E~-24-~'qq? ~'~ RICHARDS ~ATSON ~ GERSHON P ~z09 Section 2. Penalties. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Ordinance. Any person violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00. or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this Ordinance is committed, and shall be deemed punishable therefor as provided in this Ordinance. Section 3. Civil Remedies Available. The violation of any of ~he provisions of this Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of. restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. Section 4. Severability. The City Council declares that should any provision, section, paragraph, sentence or words of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. .Section 5. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. 1997. PASSED ANDADOPTED this day of , MAYOR I, Debra ~_dams, City Clerk of the City of Rancho Cucamonga, 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 , 1997, and was finally passed at a regular meeting o~ the City Council of the City of Rancho Cucamonga held on the day of , 1997 by the following vote: NOES: COUNCIL MEMBERSt COUNCIL MEMBERS: - 4 - DATE: November 19, 1997 CITY OF RANCHO CUCAMONGA STAFF REPORT Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: RESOLUTION DENYING A TAXICAB SERVICE PERMIT TO BELL CAB CO. On November 5, 1997, the City Council held a public hearing to determine if the public interest, convenience and necessity was met by the issuance of a taxicab service permit to Bell Cab Co. After hearing the testimony, the City Council directed that a resolution denying the permit be prepared for their consideration. Attached for the City Council is the resolution denying the issuance of the permit and making findings in support of that decision. The findings listed in the resolution are as follows' Adequate taxicab service already is being provided in the City of Rancho Cucamonga. Permitting an additional company to provide taxicab service in the City of Rancho Cucamonga will create financial difficulties for both providers and thereby depreciate the level of service provided to persons in Rancho Cucamonga who require service. Upon adoption of this resolution, official notice of the denial of the permit will be forwarded to Bell Cab Co. and will conclude the proceedings as outlined in Chapter 8.30 of the Rancho Cucamonga Municipal Code. Respectfully Submitted, D~uan~e A./~BB aker Assistant to the City Manager /dab 12_0 RESOLUTION NO. q 7-/ 3 A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO CUCAMONGA DENYING AN APPLICATION FOR THE ISSUANCE OF A TAXICAB SERVICE PERMIT. A. Recitals. (i) Pursuant to Chapter 8.30 of the Rancho Cucamonga Municipal Code, an application was filed by BELL CAB COMPANY ("the application" hereinafter) for a permit to operate a taxicab service within the City of Rancho Cucamonga. (ii) The application was processed in accordance with the provisions of Chapter 8.30 of the Rancho Cucamonga Municipal Code and a duly noticed public hearing concerning the application was conducted and concluded on November 5, ! 997. B. Resolutiot~. NOW, THEREFORE, the Council of the City of Rancho Cucamonga does hereby find, determine and resolve as follows: All of the facts stated in the Recitals, Part A, of this resolution are true and correct. 2. Based upon substantive evidence presented during the above- referenced public hearing, this Council hereby finds and determines as follows: a. Adequate taxicab service already is being provided in the City of Rancho Cucamonga; and b. Permitting an additional company to provide taxicab service in the City of Rancho Cucamonga will create financial difficulties for both providers and thereby depreciate the level of service provided to persons in Rancho Cucamonga who require the service. 3. Based upon substantial evidence presented during the above- refierenced hearing and the specific lindings made in Paragraph 2 above, this Council S Rt RI \Xll \1',1;4 I 1 EXHIBIT "A" 121 hereby finds, determines and concludes that the public interest, convenience and necessity do not justify granting the application and issuing the permit applied for. 4. Based on the findings, determinations and conclusions set forth in Paragraphs 2 and 3 above, this Council hereby denies the application. 5. The applicant, BELL CAB COMPANY, hereby is notified that the time during which judicial review of the decision embodied in this Resolution must be sought is governed by California Code of Civil Procedure Section 1094.6. 6. The City Clerk shall: a. Certify to the adoption of this Resolution; and b. Provide a true and correct copy of this Resolution to BELL CAB COMPANY at 1312 West Brook Street, Ontario, California 91762, together with a copy of the certificate of mailing thereof, all by first-class mail, postage prepaid. ADOPTED AND APPROVED this 19th day of November, 1997. Mayor I, DEBRA ADAMS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was introduced at a regular meeting' c~? the City Council held on the ~ day of ,1997, and was finally adopted at a regular meeting of the City Council of the City of Rancho Cucamonga held on the __day of AYES: NOES: ABSENT: ABSTAINED: , t 997, by the following vote: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ATTEST: City Clerk oFthe City of Rancho Cucamonga CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 19, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Larry Henderson AICP, Principal Planner CHAFFEY/ISLE'S HOUSE UPDATE AND REVIEW - Recommendations for relocation and request for assistance from Caltrans for the use of surplus Route 30 right-of-way. RECOMMENDATION Staff recommends that the City Council support the pursuit of three sites and direct staff to prepare letters requesting CALTRANS and SANBAG assistance in relocating and securing the Route 30 surplus right's-of-way site, or the Etiwanda rail road depot site for the historic Isle House. In addition, direct staff to prepare budget requests for the 1998-99 cycle utilizing funding sources such as Community Development Block Grant, Park Development, and Intermodal Surface Transportation Efficiency Act in order to facilitate the relocation and renovation of the structure. BACKGROUND/ANALYSIS At the request of the City Council, the status of this historic structure was reviewed at their meeting of June 4, 1997 (Exhibit "D"). The City Council directed staff to work with CALTRANS and the Etiwanda Historical Society in order to facilitate the relocation and retention of the landmark residence. Since June 4, 1997, staff has been in contact with both groups on a biweekly basis meeting twice with Etiwanda Historical Society representatives and once with CALTRANS. The phone contacts and meetings have resulted in the completion of a potential site relocation list (Exhibit "A"). This list contains 22 locations which were visited by City staff, CALTRANS, and Etiwanda Historical Society representatives. The consensus of this list was that the three top sites, from a feasibility stand point, are the Etiwanda Creek Park site at 5939 East Avenue, the CALTRANS Route 30 surplus site on the south side of Highland Avenue (approximately 600 feet east of Etiwanda Avenue), and the historic Etiwanda rail way station site at 7089 Etiwanda Avenue, which is owned by SANBAG but leased to a lumber company. 12,5 CITY COUNCIL STAFF REPORT CHAFFEY/ISLE'S HOUSE UPDATE AND REVIEW November 19, 1997 Page 2 The Etiwanda Creek Park site has the potential to be used for such things as a caretaker residence, providing passive security value or a maintenance office facility. In addition, the site is already owned by the City. The Highland Avenue site is closer to the existing house location and would ultimately contain the historic Highland Avenue Palm tree row. The site would probably facilitate a use as a second Etiwanda House Museum, operated by the Etiwanda Historical Society in conjunction with the Chaffey/Garcia House. The acquisition of the site will have to be negotiated with CALTRANS. The Etiwanda railway station site is already owned by one of the principal participants of the Route 30 Freeway project (SANBAG) and the location is very close to the Chaffey/Garcia House Museum. In addition, this site is near several other Etiwanda landmarks including the Fisher House and the Etiwanda Congregational Church. The third site most closely fits the criteria and goals of the Etiwanda Historical Society (Exhibit "C"). If the Council directs staff to prepare budgetary proposals, it is anticipated to be a two to three year cycle involving designs, relocation, and rehabilitation. Respectfully submitted, City Planner BB:LH:mlg Attachments: Exhibit "A" ~ Etiwanda Relocation Sites List Exhibit "B" - Etiwanda Relocation Sites Map Exhibit "C" - Etiwanda Historical Society Letter dated November 12, 1997 Exhibit "D" - City Council Staff Report dated June 4, 1997 ETIWANDA - CHAFFEY/ISLE HOUSE RELOCATION SITE LIST The purpose of this list is to identify potential relocation sites for the Isle House. Criteria to be considered when reviewing these sites includes private versus public ownership, parcel size, contextual surroundings (vineyard placement preferred). The following listing is not ranked but is by sites as they were viewed. SITES: 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Etiwanda Creek Community Park at 5939 East Avenue (east side of East Avenue, north of Summit Avenue). Potential use as a care taker residence or community center. N.E. corner of East Avenue and 23rd Street, listed with Biane and Biane Realty (945-2152). CCWD property on the east side of Etiwanda Avenue, south of Highland, in front of water tanks (check market for care taker residence). 6658 Etiwanda Avenue, site of the historic Price Home with extra acreage on the south side. Current owners: Munoz South of Etiwanda Fire Station No. 37 (6696 Etiwanda Avenue) vacant parcel, check on ownership. 6770 Etiwanda Avenue, vacant area to the north, has separate driveway access. 6826 Etiwanda Avenue, (James Clark) with vineyard to the north and west. 6829 Eftwanda Avenue, Church of Latter Day Saints - large church site, potential for care taker or social service use. S.W. corner of Victoria and Etiwanda Avenue (P.J. Clark family) vineyard. 7089 Etiwanda Avenue (Ponderosa Lumber Services) - owner SANBAG. Regina Ellena Winery at 12467 Base Line Road. Etiwanda Congregational Church at 7126 Etiwanda Avenue (North of Chaffey/Garcia House). Fisher House at 7165 Etiwanda Avenue (across street from Chaffey/Garcia House). Hippard Ranch at 13181 Victoria Avenue. S.E. corner of East and Victoria (listed with Alpha Omega Realty 985-2727). E. Side of East Avenue, S. Of Victoria (listed with Sands Realty 800-995-1372). 6563 East Avenue, St. Claire of Assisi Church. 6229 East Avenue, Cassia Christmas Tree Farm. Lewis Property, west Side of East Avenue (across from 6229 East Avenue). 13284 Summit (?) N. Side of Summit W. Of East Avenue (listed with Century 21 at 980-6100). ADDENDUM FROM MEETING ON OCTOBER 29, 1997 WITH CALTRANS REPRESENTATIVE JOHN H©TCHKIS: 21. Excess right-of-way for Route. 30, south side of freeway, approximately 600 feet east of Etiwanda Avenue. 22. Existing Park and Ride Facility on the south side of Baseline and west of the I -15 Freeway. Exhibit A ! ~ 5 ETIWANDA - CHAFFEY /ISLE HOUS RELOCATION SITE MAP Etiwanda Creek Park EXHIBIT "B" N FROM : ACSF~XV*c TAD/FAX PHONE NO. : 909+899+2282 Nov. 12 1997 02:04PM P2 ....' i . HISTORICAL SOCIETY November 12, 1997 Mr. Larry Henderson, Pr/ndpal Planner City of Rancho Cucamonga Post Office Box 807 Rancho CucA~onga, CA 91729 Dear Larry: The Etiwanda Historical' Society reviewed the Isles House Eftwanda Relocation Field Tour Sites of Ju!y 16, I997. The Society's criteria included: * Close association to the Chaffey-Garcia House as it stood originally. Close association to the Charley-Garcia House as it stands today. This would facilitate the safe-keeping and maintenance of the Isles House. * Within "old" Etiwanda (Etiwanda Avenue between Victoria Ave. and Baseline) Enhance existing historic structures (Chaffmy-Garda House, Etiwanda Congregational Church, Etiwanda Railway Station, Norton F~sher House, etc.) The idea of a "Community HisWric Park" is supported by Mayor Alexander. The sites selected, in order: 1. On the property of the Norton Fisher House (across from Chaffey-Garcia House) 2. Property North of Etiwanda Railway Station (possible owner Betty McNay). This site was not on original list One of the top choices was the SanBag Right of Way north of the church, however we were advised by Jim Banks that this was not feasible. If this not the case, please let us know. Thank you for your continued support of the Etiwanda Historical Society. Sincerely, President The Etiwanda HistorlcaI Society is a non profit organization (33-0012231) CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: '.TO: FROM: BY: SUBJECT: June 4, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Larry Henderson, Principal Planner STATUS OF ISLE HOUSE - 6490 ETIWANDA AVENUE RECOMMENDATION Provide staff with direction relative to desired actions to relocate the historic House to a suitable site within the Etiwanda Community. BACKGROUND/ANALYSIS On May 21, 1997, the City Council directed staff to prepare a status report and draft feasibility study for the Isle House at the request of the Etiwanda Historical Society. The structure is currently threatened by the construction of the Route 30 Freeway. The Etiwanda Historical Society has urged the saving of the Isle House in a letter dated May 21, 1997. A copy of the letter and attachments is enclosed with this report for reference. The historical significance of the structure is contained in the California Department of Transportation Architectural Resource Inventory/Evaluation Form, prepared in conjunction with the Route 30 Freeway Environmental Impact Statement. In sLimmary, the evaluation states; the Isle House is an unusual survivor of the early days of settlement of the Etiwanda Colony, dating from the founding years in the 1880s. The house is widely published in local histories, and remains surprisingly unaltered, considering its 114 year age. Although moved, the relocation occurred at the turn of the century, and the house remained in its original neighborhood. CITY COUNCIL STAFF REPORT STATUS OF ISLE HOUSE June 4, 1997 Page 2 It continues to be one of the rare surviving examples of its type and period, not only in the local community, but in southern California. It remains a notable example of small - scale domestic Second Empire styling, and appears to meet National Register criterion C at the local level of significance. .. In addition, the Etiwanda Specific Plan identifies the house as one of "Notable Existing Structures" and specifies under Article 5.42, section .402: A reasonable effort shall be made to encourage the preservation of structures identified in Figure 5-44 as follows: .... ( See attached applicable ESP sections). The EIR/EIS for the Route 30 Freeway Project identified the Isle House as a significant historic resource and as such specified appropriate mitigation measures. Those measures are further elaborated upon in a Memorandum of Agreement between the US Federal Highway Administration and the California State Historic Preservation Officer (SHPO). The section of the agreement pertainin. g to the Isle House is attached for reference. Some of the key points of this section are paraphrased as follows: A detailed marketing plan shall be prepared by CALTRANS/SANBAG in consultation With SHPO. The plan in general will include, property information package, potential buyers/transferees distribution list, advertising plan and schedule, schedule for receiving and reviewing offers ( includes participants from SHPO, EHS, RCHPC, and CCCC), and options for preservation covenants. Consultation with and performance of any requirements by the National Park Service (NPS) for Historic American Building Survey/Historic American Engineering Record (HABS/HAER) documentation prior to commencing work within the vicinity of the house. If the Isle House cannot be transferred and is to be demolished, Caltrans/SANBAG shall ensure that, SHPO, Etiwanda Historical Society (EHS), Rancho Cucamonga Historic Preservation C;ommission (RCHPC), and Chaffey Communities Cultural Center (CCCC) have an opportunity to select architectural elements for preservation. It is staffs understanding that SANBAG has proceeded with consultant selection to prepare the marketing plan. SANBAG staff has been contacted and invited to attend the June 4, 1997, City Council meeting to address any questions the City Council may have relative to this topic. CITY COUNCIL STAFF REPORT STATUS OF ISLE HOUSE June 4, 1997 Page 3 CORRESPONDENCE Copies of this report were mailed to the following: RCHPC Chairman and Members SANBAG - David Clark EHS Board of Directors City Planner BB:LJH/taa Attachments: Exhibit "A" - EHS letter and attachments dated May 21, 1997 Exhibit "B" - ESP excerpts Exhibit "C" - FHA/SHPO MOA excerpts dated March 21, 1996 CITY OF RANCHO CUCAMONGA -- STAFF REPORT DATE: TO: FROM: t~. SUBJECT: November 19, 1997 Mayor and Melnbers of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer ROUTE 30 AD HOC TASK FORCE MEETING UPDATE The Route 30 Ad Hoc Task Force met on November 4, at 6:00 p.m. in the Tri-Communities Room. There were eleven (11) Task Force members present. The meeting began with the Pledge of Allegiance and approval of the minutes from the September 9, 1997 meeting. Chairman Alexander opened the oral discussion of the meeting and several residents from the Carnelian Route 30 area ~xpressed their concerns regarding the installation of the interchange. The residents mainly focused on the amount of traffic on the street as well as the impact of the current situation at Beryl Park. Apparently, activities at the park are at such a level that residents are parking on the west side of Camelian in the adjacent tracts and crossing Carnelian to access the park. Staff indicated that previously Community Services had rearranged scheduling at the park to lessen this impact. Residents and Task Force Members indicate the situation is again occurring. Staff will investigate this problem and report back to the Task Force at the next meeting. Chairman Alexander suggested that the residents who have concerns regarding these issues put them in writing and meet with the Cily Engineer and appropriate Engineering staff to discuss the issues. Engineering staff will provide the Task Force with a report as to the meeting with these citizens and the information provided if these meetings occur. The first item on the agenda was the Status of the Schedule, Project Funding and the Accelerated Construction Schedule. Caltrans/SANBAG representatives indicated the I-15/30 project is scheduled to have bids opened in January or February of 1998. They also reported that all seven segments of the freeway are fully funded at this time. On the accelerated schedule portion, SANBAG indicated the bridges at Haven, Milliken and Etiwanda could begin as early as March or as late as May 1998. The project is moving slowly at this time because problems in acquisition of right-of-way. Caltrans' representative gave a brief discussion on the Caltrans contracting out provision, indicating that recent California Supreme Court rulings have prohibited Caltrans from contracting out. However, on the Route 30 freeway he noted the project is being administered by SANBAG. SANBAG does not have contracting out restrictions. ROUTE 30 AD HOC TASK FORCE MEETING UPDATE November 19, 1997 Page 2 The next item was the Corridor Design Authority Update. Since the Corridor Authority has not recently met there was no update available for this meeting. The next Corridor Authority meeting of elected officials is in December and an update will be given at the next Task Force meeting. City Planner Brad Buller gave a brief overview of what the Corridor landscaping issues are. The Corridor Design Authority Tectmical Group is still working on this issue and there has been no resolution yet. The Task Force was concerned that as much infrastructure as possible be placed at this time so landscape amenities could be installed at a later date. The City and SANBAG representatives gave a brief update on the Isle House. The SANBAG representatives stated they are in the final stages of acquiring the Isle House at which time it will be made available for anyone who wished 'to take the house and move it to another site. The City Planner also indicated the City is also reviewing opportunities for acquiring the Isle House as a museum or other historical mnenity. SANBAG and City staff have pledged to work together on this issue. The Task Force Members indicated approval of this approach by the City and SANBAG. The next Task Force meeting date and time was set for January 27, 1998 at 6:00 p.m. in the Tri- Communities Room. Items on the agenda will include mitigation measures for the Carnelian Offramp, Updates on the Schedule and Funding and the Accelerated Construction Schedule. Staff will also include any other items that are pertinent at the time the agenda is prepared. Task Force Member Williams asked if staff would provide a map of the freeway at the next meeting for reference during the meeting. Respectfully submitted, William J. O'Neil City Engineer WJO:dlw 152.. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 19, 1997 Mayor and Members of the City Council Jack Lam, AICP, City Manager Rick Gomez, Community Development Director Suzanne Ota, Community Services Manager Karen McGuire-Emery, Associate Park Planner PARK AND RECREATION FACILITIES UPDATE BACKGROUND In accordance with the City Council's request to become more informed of park and recreation facilities issues, programs, projects and events, this report is provided to highlight pertinent issues, projects and programs occurring in both the Community Services Department and the Park Design/Development and Maintenance Sections of Engineering. A. PARKS AND FACILITIES UPDATE Lions East Community Center: · Clean-up of the Lions East Project is continuing. Staff is researching floor moisture issue, as well as appropriate flooring materials which will adhere to the slab. Once issue is resolved, duct work will be cleaned and the facility will be ready for programming. Lions West Community Center: · The start date for construction of this project has been postponed until final completion of the Lions East Community Center. Once construction begins it is estimated that improvements will require approximately 5 months to complete. Rancho Cucamonga Senior Center: · Restroom partitions are scheduled for installation the week of November 10, pending Community Center scheduling. · The expanded parking lot construction project is scheduled for approval to advertise on the November 19th City Council Agenda. RC Family Sports Center: · Lewis Homes estimates that all contract items will be completed the week of November 24, 1997. 133 CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE November 19, 1997 Page 2 Rancho Cucamonga Public Library: · Beginning engineering on HVAC installation for study rooms. The tentative start date for work is mid-December. · Light fixture for statue has been ordered . The fixture was specified by Pete Pitassi Architect, and will be installed by December 1. Etiwanda Creek Park: · Staff has prepared a proposed plan for location of the Pop Warner trailer and submitted it to Pop Warner and City Departments for review and comment. Civic Center: · Council Chambers--In the process of scheduling the installation of electric for the camera. The work is 90 percent complete. The camera mount engineering was delivered on November 4 and work will be completed on November 18. Lighting to celebrate the upcoming holiday season will be going up the end of November. Lights will be put up in the same locations as years past. Flower beds at City Hall have been replanted for the fall season. Police Department--The gym has been remodeled into an office space. All work has been completed. Stadium: · Stadium turf renovation began the week following the Guess Who Concert. Heritage Park: · A box drain was installed on the north side of the northern soccer field at Heritage Park. The drain will collect standing water from irrigation and rain run-off which has been affecting the soccer field play. · A broken wood balance beam was removed in the tot lot, and will not be replaced due to current CSPC and ADA requirements. Don Tapia Park Site: · The future site of Don Tapia Park was abated of weeds following the discovery of a maintenance agreement between the City and CCWD which holds the City responsible for site maintenance. CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE November 19, 1997 Page 3 B. COMMUNITY SERVICES UPDATE 1997 Founders Day Parade and Celebration: · The annual Founders Day Parade and Celebration was held on Saturday, November 8, 1997. This year's festivities celebrated 20 years since the City incorporated. The theme for the parade and celebration was "Celebrating Twenty Years of Progress and Heritage." Over 150 entries, including bands, drill squads, equestrian groups, floats, yomh organizations and novelty acts, marched clown Base Line Road between Vineyard and Ramona. Attendance along the parade route appeared to be up from years past. A special feature of this years parade was the appearmace of many of our former Mayors including Jim Frost, Jon MikeIs, Dennis Stout and the City's first Mayor Pro Tem, Charlie West. In addition, this year our parade included a local State Senator, Jim Brulte. The Celebration, which took place at the Rancho Cucmnonga Epicenter, was attended by approximately 7,000 community members. The event included the presentation of the parade awards on the eastern field, an arts and craft fair on the western field, a Kiwanis pancake breakfast and car show took place on the eastern edge of the complex. Staff is in the process of reviewing the event and will be preparing recommendations for next years parade and celebration. R.C. Family Sports Center: · Plans are underway for a grand opening for our newest recreation facility, the Rancho Cucamonga Family Sports Center. This event is scheduled to take place on Saturday, December 13, 1997 from 12 - 4 pm. Staff is working with Paula Dempsey from Lewis Homes and Tamaria Dvorak from Orchard Supply Hardware on this co-sponsored event. The afternoon will feature displays from our Police and Fire Departments as well as children's activities, such as pony rides, in the from parking lot off Foothill Blvd. Inside the facility a holiday tree lighting ceremony, and musical performances from local school children will take place. In addition, throughout the afternoon demonstrations of various sport activities will occur as well as registration for recreation classes. Vietnam Memorial: · Bill Alexander, VFW Post 8680 represemative, has sero a letter to Mr. DeVitt, the representative for the Vietnam Memorial Moving Wall, checking on the status and date for display for the memorial in Rancho Cucamonga. At the present time Mr. De Vitt is on tour with one of the walls. We have been informed that the decision on our date is still pending. Staff will keep the Council apprised of any progress made on this effort. CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE November 19, 1997 Page 4 Senior Transportation: · Discussions with the Rancho Cucamonga/Ontario Service Club are still pending concerning the possibility of this service club providing van transportation for senior citizens to-and- from the Senior Center. The President of the Club recently experienced a death in his immediate family and has not been able to finalize discussions with the Club. Staff will keep the Council apprised of any progress made on this effort. Community Special Events: · Breakfast with Santa - On December 6, 1997 the Community Services Department and the Rancho Grande Kiwanis Club will host Breakfast with Santa at the Senior Center. The event includes a delicious pancake breakfast prepared and donated by Kiwanis, songs, activities and a special visit with Santa. There are two seatings available for this very popular community event, 8:00 a.m. and 10:00 a.m. Tickets for the breakfast are $5.00 per person. Senior Citizen Holiday Event - On December 23, 1997 at 10:00 a.m. the Rancho Cucamonga Senior Chorale will perform traditional holiday music at the annual Senior Citizen Holiday Event. A visit by Santa will be part of the fun and homemade goodies will be served. We hope you can join at the Senior Center for this fun-filled annual holiday event. Respectfully submitted, ~JoC~~u°n~~lopment Directo~r Suzanne O~ab'~x'4"tL ff/~'~ Community Services Manager RG:SO:KME