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HomeMy WebLinkAbout1998/03/04 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. March 4, 1998 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers W'dliam J. Alexander, Mayor Diane Williams, Mayor Pro Tern Paul Biane, Councilmember James V. Curatalo, Councilmember Jack Lain, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 477-2700 City Council Agenda March 4, 1998 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, one week prior to the meeting. The City Clerk°s Office receives all such items. 1. Roll Call: A. CALL TO ORDER Alexander , Biane , Curatalo , and Williams B. ANNOUNC!=MENTSIPRESENTATIONS Presentation of a Proclamation to the Amedcan Red Cross declaring the month of March as Red Cross Month. C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Minutes: January 21, 1998 February 4, 1998 Approval of Warrants, Register Nos. 2/4/98 and 2/11/98 and Payroll ending 2/5/98, for the total amount of $2,929,847.13. Approval of Western Waste Industries merger with USA Waste Services. Approval to transfer a City vehicle to the County of San Bernardino for Police services. Approval of request for waiver of Epicenter rental fees for the School Bus Roadeo to be held on April 18, 1998. o Approval of a resolution supporting a California State University San Bernardino's efforts to educate the youth not to smoke. 11 13 15 16 City Council Agenda March 4, 1998 RESOLUTION NO. 98-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING CALIFORNIA STATE UNIVERSITY SAN BERNARDINO'S EFFORTS TO EDUCATE THE YOUTH NOT TO SMOKE Approval of disposition of a portion of City-owned property, located north of Lot 10 of Tract 13063 on Greenstone Drive, south of Highland Avenue, submitted by John F. Jansen. RESOLUTION NO. 98-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A" AND TO CAUSE THE SAME TO BE DELIVERED TO THE PERSONS NAMED THEREIN o Approval to release an agreement for postponement of recordation of covenants, conditions and restriction for Tract 13279, submitted by Citation Homes. RESOLUTION NO. 98-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RELEASING THE AGREEMENT FOR POSTPONEMENT OF RECORDATION OF COVENANTS, CONDITIONS AND RESTRICTION FOR LOTS 8 AND 11 OF TRACT 13279 Approval of Improvement Agreement for CUP 94-39, located on the north side of Ashford Street east of Center Avenue, submitted by the Cucamonga County Water District. RESOLUTION NO. 98-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT FOR CONDITIONAL USE PERMIT 94-39 2 17 24 25 30 32 33 34 City Council Agenda March 4, 1998 10. 11. Approval of the Improvement Agreement and Improvement Security for Tract No. 13564-2, generally located north of Wilson Avenue east of Wardman Bullock Road, submitted by Standard Pacific Corporation. RESOLUTION NO. 98-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP NO. 13564-2 Approval of Agreement with San Bernardino County Superintendent of School (CO 98-009) for Pilot After-School Teen Program and approval of budget appropriation in the amount of $31,300. 36 38 39 Eo 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. No Items Submitted. 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. 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. CONSIDERATION OF A REQUEST FROM CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT TO SUPPORT MEASURE "X" 5O City Council Agenda March 4, 1998 I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. CONSIDERATION OF PARK AND RECREATION COMMISSION RECOMMENDATION REGARDING ALLOCATION OF FUNDS FROM "GUESS WHO" CONCERT 2. UPDATE ON THE ISLE HOUSE 55 58 J. IDENTIFICATION OF ITEMS FOR N!=XT 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 PERSONNEL MATTERS PER GOVERNMENT CODE SECTION 54957, AND PROPERTY NEGOTIATIONS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON ROCHESTER, BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE; VALLEY BASEBALL AND RICK GOMEZ, COMMUNITY DEVELOPMENT DIRECTOR, NEGOTIATING PARTIES; REGARDING TERMS OF AGREEMENT. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on February 26, 1998, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. January 21, 1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 21, 1998, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:17 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Diane Williams and President William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attomey; Jerry Fulwood, Deputy City Manager; Linda Daniels, RDA Director; Rick Gomez, Community Development Director; Brad Buller, City Planner; Brent LeCount, Associate Planner, Jon Gillespie, Traffic Engineer;, Bill Makshanoff, Building Official; Suzanne Ota, Community Services Director; Dave Moore, Recreation Superintendent; Nettie Nielsen, Recreation Supervisor; Deborah Clark, Library Director; Jenny Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS No announcements/presentations were made. C. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. D, CONSENT CAL!:NDAR D1. Approval of Warrants, Register Nos. 12/24/97 and 12/31/97 and Payroll ending 12/24/97 for the total amount of $1,978,560.89. D2. Approval to receive and file current Investment Schedule as of December 31, 1997. D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Arrow Route Street Improvements, from Milliken Avenue to 775' east of Milliken Avenue and Arrow Route at Deer Creek Channel, to be funded from the Measure "1" Fund, Account No. 10-4637-9609. City Council Minutes Januaw 21,1998 Page 2 RESOLUTION NO. 98-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE ARROW ROUTE STREET IMPROVEMENTS, FROM MILLIKEN AVENUE TO 775' EAST OF MILLIKEN AVENUE AND ON ARROW ROUTE AT DEER CREEK CHANNEL IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval to authorize the Re-Advertising of the "Notice Inviting Bids" for the Tapia Via Drive Street Improvements, from Grove Avenue to Rancheria Drive, to be funded from CDBG Funds, Account No. 28- 4333-9500. Staff has determined that the project is categorically exempt per Article 19, Section 15301© of the CEGA Guidelines. RESOLUTION NO. 98-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE TAPIA VIA DRIVE STREET IMPROVEMENTS, FROM GROVE AVENUE TO RANCHERIA DRIVE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to appropriate $411,808 for the Lions East Construction Project. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER BIANE. D6. Approval of a City policy for the installation of designated curbside parking spaces for disabled persons on public streets. D7. Approval to expend $8,325 for the City's participation in the Inland Empire Power Pool (Acct. No. 1- 4245-6O36). D8. Approval to appropriate $20,000 from Transportation Development Fund 22 to be placed in Account No. 22-4637-9705 and award and authorize the execution of the Contract (CO98-004) for the Traffic Signals and Street Improvements at Fourth Street and Hermosa Avenue, in the amount of $154,000.00 ($137,196 plus a contingency of $16,804.00) to be funded from Prop. 111, Account No. 10-4637-9705, TDA Article 8, Account No. 12-4637-9705 and Transportation Development, Account No. 22-4637-9705. D9. Approval of Real Property Improvement Contract and Lien Agreement (CO98-005) submitted by Foothill Auto Body, a California General Partnership, located on the south side of Foothill Boulevard east of Archibald Avenue (9777 Foothill Boulevard). RESOLUTION NO. 98-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT SUBMITTED BY FOOTHILL AUTO BODY, A CALIFORNIA GENERAL PARTNERSHIP D10. Approval of Map, Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance Distdct Nos. 1 and 7 for Tract Map No. 12659-4, located south of Wilson Avenue, east of Hanley Avenue, submitted by Centex Homes, a Nevada General Partnership. City Council Minutes January 21, 1998 Page 3 RESOLUTION NO. 98-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL TRACT MAP 12659-4 IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES RESOLUTION NO. 98-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 7 FOR TRACT 12659-4 D11. Approval of the 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 Parcel Map 15027, located on the north side of Vicara Drive, approximately 287 feet easterly of the intersection of Sapphire Avenue, submitted by Don J. And Betty J. Anderson. RESOLUTION NO. 98-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 15072, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 98-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP NO. 15072 D12. Approval of Amethyst Street Rehabilitation, frorn Base Line Road to 19th Street Project, Contract No. 97-O51, as complete, Release the Bonds and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $107,131.02. RESOLUTION NO. 98-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR AMETHYST STREET REHABILITATION, FROM BASE LINE ROAD TO 19TH STREET PROJECT, CONTRACT NO. 97-051, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D13. Approval of Impro¥cmcnts, Rcioooc of thc Faithful Porformanec Bend, acccptanoc of o Mointcnanoc Bend and filing of e Notioc of Complotion for Improvcments for Tract 13753, gcncrally located on thc northce,3t oorncr of Daoc Linc Road and Millikon A¥onuc. City Council Minutes January 21, 1998 Page 4 RESOLUTION NO. 98 012 A RESOLUTION OF TIlE CITY OF RANClIO CUCAMONCA, CALIFORNIA, ACCEPTINC Till- PUBLIC IMPROVEMENTS FOR TRACT 13753, AND AUTt IORIZlNC TI IE FILINC OF A NOTICE OF COMPLETION I-OR TI It' WORK ITEM REMOVED FROM THE AGENDA, MOTION: Moved by Biane, seconded by Curatato to approve the staff recommendations in the staff reports contained in the Consent Calendar with the exception of items 5 and 13. Motion carried unanimously, 4-0, with Biane abstaining from voting on item 8. DISCUSSION OF ITEM DS: Approval to appropriate $4'11,808 for the Lions East Construction Project. Councilmember Biane stated he felt residents and businesses should be notified about the pitfalls that can happen. Councilmember Williams felt this could be done in the Visions Newspaper or through the Chamber of Commerce. · Jack Lam, City Manager, stated something could go in the Grapevine and added even though the City does have insurance, they are negotiating to a settlement with the outside agency. MOTION: Moved by Biane, seconded by Williams to approve item 5. Motion carried unanimously, 4-0. E. CONSENT ORDINANCES No Items Submitted. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF AN HISTORIC POINT OF INTFREST DESIGNATION 97-02 - C.O.R. PROPERTIES - A request to rescind the Local Histodc Landmark Designation (LD92-02) and redesignate as a Point of Interest for the Pearson Filling Station and Garage, located at the northeast corner of Foothill Boulevard and Etiwanda Avenue, 12912 Foothill Boulevard - APN: 1100-061-02. RESOLUTION NO. 98-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST TO RESCIND LOCAL HISTORIC LANDMARK DESIGNATION 92-02 AND REDESIGNATE AS AN HISTORIC POINT OF INTEREST 97-02 FOR THE PEARSON FILLING STATION AND GARAGE, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND ETIWANDA AVENUE AT 12912 FOOTHILL BOULEVARD - APN: 1100-061-02 Staff report presented by Brent LeCount, Associate Planner. City Council Minutes January 21, 1998 Page 5 Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Mayor Alexander stated the Historic Preservation Commission looked at this very carefully and that he agreed with their recommendation. Councilmembers Williams and Curatalo also agreed. MOTION: Moved by Curatalo, seconded by Williams to approve Resolution No. 98-013. Motion carried 3-O-0-1 (Biane abstained). G. PUBLIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF AFTER SCHOOL AT-RISK YOUTH PROGRAM GRANT IN THE AMOUNT OF $30,000.00 FROM THE SAN BERNARDINO COUNTY SUPERINTF:NDFNT OF SCHOOLS Staff report presented by Suzanne Ota, Community Services Director. Councilmember Biane asked if there would be future funding possibilities for the next year. Suzanne Ota, Community Services Director, stated this is a one time grant that the State put in their budget and is only for this year. She stated they can inquire through Assemblyman Fred Aguiar's office about any future funding. Councilmember Biane asked about the Sony Playstation. Suzanne Ota, Community Services Director, stated they are mostly entertaining, but some of them are somewhat educational. Councilmember Williams stated she will be abstaining from voting on this issue because she is a part time employee for the San Bernardino County Superintendent of Schools. Mayor Alexander felt this great was a great idea. Mayor Alexander opened the meeting for public comment. Addressing the City Council was: Toni Rhodes stated she felt it was an extremely exciting project, but asked for the Council to make sure the marketing, staff, equipment and facilities are available to all kids, even those with disabilities. There being no further response, the public comments were closed. MOTION: Moved by Biane, seconded by Curatalo to approve the program. Motion carried 3-0-0-1 (Williams abstained). City Council Minutes January 21, 1998 Page 6 I. COUNCIL BUSINESS I1. REVIEW OF RECREATION VEHICLE CODE The item was continued to February 4, 1998. 12. CONSIDERATION OF FILLING VACANCY ON THE CITY COUNCIL Mayor Alexander opened the meeting for public comments. Addressing the City Council were: John Van Dorn commended the City for the way this has resolved. He felt it was best to let the people select the person to fill the vacancy. He stated if the City does not want to have an election or appoint someone, they can adopt an ordinance in the intedm so that the Council can fill the position until November. James Markman, City Attorney, explained that per Govemment Code Section 36512, the Council must fill the vacancy or call for a special election. He stated they have not adopted an ordinance and could not call this an urgency ordinance so they either have to appoint or call for an election. Toni Rhodes felt it was important that everyone is a team and did not feel the residents would be part of the team unless they have an election to fill the vacancy. Gary Kenddck stated he talked to people in the community and that they want this to go to a vote of the people. Jane Bradshaw, CCAR, stated it is important to CCAR who sits on the Council because of the Route 30 Task Force. She felt an election should be held. Councilmember Williams felt the people should have the right to vote who is put into office. She commented on the appointment process right after an election, but now the City is fourteen months after the election and felt the matter should go to a vote of the people. She felt very strongly about this. Councilmember Biane stated he thanked everyone who appointed him from years back. He stated his appointment was only a few weeks after the election, but that this is different. He stated if the Council was to appoint someone, he would go along with Dave Barker because he was the next highest vote getter. He did feel this should go to a vote of the people and to let the community decide. Councilmember Curatalo stated because there is still almost three years left on the term, he felt the people should be allowed to vote on this. Mayor Alexander felt Dave Barker would be very good on the Council, but agreed with what has already been said and felt the community has the right to express their opinion about this position. The City Clerk distributed Resolution 98-016 and 98-017 which called for the special election to be held June 2, 1998, and also a resolution establishing guidelines for candidate's statements. MOTION: Moved by Williams, seconded by Curatalo to approve Resolution Nos. 98-016 and 98-017. Motion carried unanimously, 4-0. Councilmember Williams felt the political sign criteria should be adhered to and strictly enforced. City Council Minutes January 21, 1998 Page 7 13. CONSIDERATION OF REQUEST FROM FORMER CITY COUNCILMEMBER REX GUTIERREZ FOR CONTINUATION OF BENEFITS Staff report presented by Jack Lam, City Manager. Mayor Alexander opened the meeting for public input. Addressing the City Council were: Gary Kendrick stated he can sympathize with Mr. Gutierrez, but added this is the public's money, not the City Council's. He felt Mr. Gutierrez should pay for his own insurance. He asked that the Council deny Mr. Gutierrez's request. Toni Rhodes felt Mr. Gutierrez was a good Councilmember and had done a lot for the City. She suggested his request be granted. She thanked him for his contribution to the community. There being no further input, public comments were closed. Councilmember Curatalo felt the benefits should be extended for four months or until Mr. Gutierrez gets employment with insurance, whichever comes first. He felt this was important because of the children involved. Councilmember Biane stated he agreed with Councilmember Curatalo and felt Mr. Gutierrez gave a lot to the City. He added this was a small amount of money and that this was the best thing for his family. He stated he supported the request by Mr. Gutierrez. Councilmember Williams stated she would also support Mr. Gutierrez's request. Mayor Alexander stated Mr. Gutierrez did a lot for the community, but questioned using public funds for this. He stated he was asked if the City ever did this for any other employee of the City, and thought the answer was no. He added he would "pitch in" his portion to make up the premium for the insurance for the sake of Mr. Gutierrez's children. Councilmember Biane stated he would join in this suggestion. Councilmember Williams stated she would agree to this for three months. MOTION: Moved by Alexander, seconded by Biane not to have the City participate through public funds, but for the Councilmembers to commit to pay out of their own pocket for three months of insurance premiums, unless Mr. Gutierrez gets his own insurance before the three month time period ends. Motion carried unanimously, 4-0. 14. PARK AND RECREATION FACILITIES UPDATE PARKS & FACILITIES UPDATE 1. Lions East Community Center 2. Lions West Community Center 3. Rancho Cucamonga Senior Center 4. R.C. Family Sports Center 5. Skate Park Civic Center 7. Stadium 8. Etiwanda Creek Park City Council Minutes Januaw 21,1998 Page 8 9. Bear Gulch Park 10. Windrows Park COMMUNITY SERVICES UPDATE 1. Lions East 2. R.C. Family Sports Center 3. Teen Activities 4. Sports 5. Classes 6. Senior Van Transportation 7. Trips and Tours 8. Seniors 9. Human Services 10. Epicenter Report received and filed. Councilmember Biane asked if the skate park would be ready for the summer. Bill Makshanoff, Building Official, stated he was not sure this was even submitted for plan check at this point. Jack Lain, City Manager, stated staff would check into this. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Williams stated she attended the Chamber's Government Relations Committee meeting and received information from Jim Brulte's office on the smoking ban which is an unfunded mandate to enforce this. She felt the City needed to get on top of this. She wondered how the City would enforce this through code enforcement or the police and how it would work to pull the police off of something serious for a smoking violation. Bill Makshanoff, Building & Safety Official, stated the staff is already looking into this and that the County already has an enforcement program. He added they would bdng back more information to the Council on this. K. COMMUNICATIONS FROM THE PUBLIC K1. K2. Luella Harrison asked for the Council to look into a sign being posted in the children's play area of parks banning them from smoking in this area. She was concerned about second-hand smoke and the danger of it. Toni Rhodes stated she would like to revisit the $30,000 grant item to be sure all kids are included. She would like to hear what is being planned for all of the kids, including the handicapped. Jack Lam, City Manager, stated Suzanne Ota, Community Services Director, would contact Ms. Rhodes and explain the program to her. City Council Minutes January 21, 1998 Page 9 K3. K4. John Lyons commended the Council for expending their own money for Mr. Gutierrez's benefits. He stated he would like to see how much money the "Rex Episode" cost the City and collect it from his newspaper. He felt it was wrong for insiders to give information that should not be, when the rest of the community does not have it, as Mr. Gutierrez had previously done with his clients. John Holt thanked the Council for what they did on calling for the election. L. ADJOURNMENT MOTION: Moved by Curatalo, seconded by Biane to adjourn to executive session to discuss A) Labor Negotiations per Government Code Section 54957.6 to give Larry Temple, Administrative Services Director, direction in regards to the Meet and Confer process; B) Property Negotiations per Government Code Section 54956.8 for relocation and acquisition of property currently located at the northwest corner of Highland and Eftwanda; Brad Buller, City Planner, negotiating party; regarding price and terms o.f payment; C) Property Negotiations per Government Code Section 54956.8 for property located on Rochester, between Foothill Boulevard and Arrow Route; Valley Baseball and Jerry Fulwood, Deputy City Manager, negotiating parties; regarding terms of agreement. Motion carried unanimously, 4-0. The meeting adjourned at 8:27 p.m. No action was taken in executive session. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * February 4, 1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, February 4, 1998, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:08 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paula Biane, James Curatalo, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Rick Gomez, Community Development Director; Larry Henderson, Principal Planner; Jon Gillespie, Traffic Engineer; Bill Makshanoff, Building Official; Dave Moore, Recreation Superintendent; Duane Baker, Assistant to the City Manager, Diane O'Neal, Assistant to the City Manager; Jenny Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS No announcementSpresentations were made. C1. C. COMMUNICATIONS FROM THE PUBLIC Gary Kendrick stated he is going to start an initiative to be placed on the ballot for the utility tax. He stated Prop 218 only requires signatures in the amount of 5% of those that voted for the last governor to qualify this for the ballot, which is approximately 1500 signatures. He felt it was time to put this to the voters. He stated he has support from Dr. Kurth on this matter also. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 1/7/98 and 1/14/98 and Payroll ending 1/8/98, for the total amount of $1,626,100.89. D2. Alcoholic Beverage Application for On-Sale Beer and Wine for Sapporo Express, Wang Hyun Hee, 11815 Foothill Blvd., Unit C. City Council Minutes February 4, 1998 Page 2 D3. Alcoholic Beverage Application for On-Sale Beer and Wine for Chico's Tecata Grill, Ronald T.W. & Alexis Danieri, 11815 Foothill Blvd., Unit E. D4. Alcoholic Beverage Application for On-Sale Beer and Wine for Havana Hot, Jimenez Francia, 8038 Haven Ave., Suite A. D5. Alcoholic Beverage Application for On-Sale Beer and Wine for Round Table Pizza, Bagherdai Ahad and Ghannadi Mirjalal, 7201 Archibald Ave., Suite 8-10. D6. Approval of a Resolution to enter into a contract with ICMA Retirement Corporation for the purpose of establishing a 401(a) Money Purchase Plan. RESOLUTION NO. 98-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EVIDENCING ITS INTENT TO ENTER INTO A CONTRACT BETWEEN THE CITY OF RANCHO CUCAMONGA AND ICMA RETIREMENT CORPORATION FOR THE PURPOSE OF ESTABLISHING A 401(a) MONEY PURCHASE PLAN FOR THE EMPLOYEES OF THE CITY OF RANCHO CUCAMONGA AND FOR THE PURPOSE OF ESTABLISHING A PLAN COORDINATOR D7. Approval of a Resolution approving the submittal of Household Hazardous Waste Discretionary Grant to the California Integrated Waste Management Board. RESOLUTION NO. 98-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY MANAGER OF RIALTO TO EXECUTE THE NECESSARY APPLICATIONS, CONTRACTS AND AGREEMENTS FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACCOUNT AS AUTHORIZED BY PUBLIC RESOUCES CODE SECTION 47200 CIVVMB D8. Approval of extension of Comcast Cable T.V. Franchise. RESOLUTION NO. 91-012CC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE VVITH COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE VVITHIN THE CITY OF RANCHO CUCAMONGA D9. Approval of Improvement Agreement and Improvement Security for Public Street Improvements at 12979 Summit Avenue, located east of Etiwanda Avenue, submitted by Gayle M. White. City Council Minutes February 4, 1998 Page 3 RESOLUTION NO. 98-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR PUBLIC STREET IMPROVEMENTS AT 12979 SUMMIT AVENUE D10. Approval to authorize execution of the Traffic Signal Maintenance Agreement (CO98-007) for Signal Maintenance and Electrical Energy Costs for traffic signals common to the cities of Rancho Cucamonga and Upland. D11. Accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for Tract 13753, generally located on the northeast corner of Base Line Road and Milliken Avenue. Release: Faithful Performance Bond #229701S $483,089.00 Accept: Maintenance Bond ~229701S $ 48,308.90 RESOLUTION NO. 98-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13753, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Curatalo to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carded unanimously, 4-0. No Items Submitted. No Items Submitted. No Items Submitted. E. CONSENT ORDINANCES F. ADVERTISED PUBLIC HEARINGS G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS No Items Submitted. City Council Minutes February 4, 1998 Page 4 I. COUNCIL BUSINESS I1. CONSIDERATION TO ACQUIRE AND RELOCATE THE HISTORIC CHAFFEY/ISLE HOUSE FROM ITS CURRENT LOCATION AT 6490 ETIWANDA AVENUE TO ANOTHER SITE IN THE ETIWANDA COMMUNITY RESOLUTION NO. 98-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN SUPPORT OF THE ACQUISITION AND RELOCATION OF THE HISTORIC CHAFFEY/ISLE HOUSE CURRENTLY LOCATED AT 6490 ETIWANDA AVENUE TO ANOTHER SITE IN THE ETIWANDA COMMUNITY Staff report by Larry Henderson, Principal Planner. He referred to a letter from James Clark which is on file in the City Clerk's office. He also referred to a letter from the Eftwanda Historical Society which is also on file in the City Clerk's office. Councilmember Williams asked how it would be secured while it is sitting for six months. Larry Henderson, Principal Planner, stated it would be fenced and signage added with staff checking it on a daily basis. He also added the Chaffey Garcia House caretakers and the Etiwanda Historical Society would also be keeping an eye on it. Brad Buller, City Planner, stated they are still pursuing the Clemmons house whether it is for this house or for something else. He asked if the Council would like him to keep pursuing this. Mayor Alexander stated he would not want to give up on the location that is being offered to the City right now. Councilmember Williams agreed. Ron Bradshaw, Etiwanda Historical Society, presented a letter from Carolyn Holke which he read into the record and is on file in the City Clerk's office. MOTION: Moved by Williams, seconded by Curatalo to approve Resolution No. 98-022. Motion carried unanimously, 4-0. 12. DISCUSSION OF FILLING CITY COUNCIL SUBCOMMITTEE VACANCIES Staff report presented by Diane O'Neal, Assistant to the City Manager. She commented on the representation needed for the San Bernardino County's Cooperative Management Agreement of the North Eftwanda Preserve, and stated that Supervisor MikeIs suggested that the Mayor be on this committee. The Council concurred. The revised list of City Council subcommitte's is on file in the City Clerk's office. 13. REVIEW OF RECREATION VEHICLE CODE (CONTINUED FROM JANUARY 21, 1998) Mayor Alexander asked who wanted to change this. City Council Minutes February 4, 1998 Page 5 Councilmember Biane stated he is happy with it like it is. Councilmember Williams stated she has not been contacted by anyone complaining about it and felt it must be acceptable as is. Mayor Alexander stated he agreed. Councilmember Curatalo agreed it should be left as it is. ACTION: No action taken. 14. DISCUSSION ON ENFORCING SMOKING BAN Staff report presented by Bill Makshanoff, Building & Safety Official. Mayor Alexander felt if the State is going to make mandates they need to provide the money to go along with it. Bill Makshanoff, Building & Safety Official, stated he does not have the resources to enforce this. Councilmember Williams asked if there were many complaints. Bill Makshanoff, Building & Safety Official, stated it is really too soon to tell, but that there has been some. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Biane stated he attended the Lions East Center opening over the weekend. He commented on the rooms that were named and felt each room needed to have its history posted and would like staff to come back with how they can do this explanation of each room. Brad Buller, City Planner, stated they have a good start on this already and can apply it over to the Lions East Center. Councilmember Williams stated some of the Lions Club members have a wealth of knowledge and felt it would be very important to capture their comments on tape. Mayor Alexander stated he would like information on how law enforcement is enforcing the issue of people running red lights and commented how bad it is in the morning going to work. Mayor Alexander felt an announcement needed to go on Channel 3 to let people know the City is really going to enforce this. Councilmember williams felt possibly signs needed to be changed for this also and commented on the fines people can get for violations in a construction zone. Councilmember Williams stated she was wondering about the photo red light info as well. Jack Lam, City Manager, stated the research is nearly completed and will be available fairly soon. City Council Minutes February 4, 1998 Page 6 K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Curatalo to adjourn to executive session to discuss Property Negotiations per Government Code Section 54956.8 for property located on Rochester, between Foothill Boulevard and Arrow Route; Valley Baseball and Jerry Fulwood, Deputy City Manager, negotiating parties; regarding terms of agreement. Motion carried unanimously, 4-0.- The meeting adjourned at 7:42 p.m. No action was taken in executive session. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Z I W I I I I I I I I ! I I I I I I I I I I I I I I I I ~ m m mmm ~ m ~ m k I m m m m mmm z mm m - m mm m d~J JJJJ~ ~J W J~J JJ J J JJJ ~JJJJJJ ~JJ ~JJ I I I ~ I I I I I I ii I I 1 I II 1 1 ! I I I I ! I I I I I I I I I ! I I I I I I I ! I I I I I UJ I ! I Ill I I ~' I u,I I I I I I I I I I I .. I I I i I I . I llZI ! ! ! I I I ! ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! I I I ILUl I I I I IZI lUJI I)1 I I I I I I I I I I ! I I I ~°°"~ ' ° ! J~°=°~N "i ~ ~N~ =" N ° ~ I I I I I I I I I I ! I I I I I I I I I I I I I I ' I I I I I I I ! I I I I I I I I I I I I I I I I I I I I I I I I I~Ul I~I IZl I I I I I~I IC~I IZI I)1 I I I-I ¢1 I · I I I I I I I I ~i~ I I I I ~ U I I .J I I .J · I I ~ I I I Ill I I I ~ I I ~ I ~S~ ' I ~ ~ , , ~ ~ I I ~ ~a I i i I 0 I I Z I ~ 000 I ~ I I I ~0'~ ~ o~ mO~OOl~oOooo4~o~oOOOOOOlOmO~dOoookoooo~d~oNo~ ONNNNNNNNNNNNNNNMNMNNNNNNNNNNNNNNNNNNMNNNNNNNNNNNNNN ~ I e e e e i I e e e · e · I i · · · I e · e e i e I i e td ®~ I e e e e e e t · e e · I · · I · NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN ~ W~ZZ&~OOOO~OZkOWOUZ O~OO~tO~ Zk 000ZkOO0~ ~ r ~ I ~ u~ 30zooou oo~ ~ ~zolz Ol~OOkO~i ~O O0 DATE: TO: FROM: SUBJECT: March 4, 1998 CITY OF RANCHO CUCAMONGA STAFF REPORT Mayor and Members of the City Council Jack Lam, AICP, City Manager Diane O'Neal, Assistant To The City Manager CONSIDERATION TO APPROVE THE MERGER WITH WESTERN WASTE INDUSTRIES AND USA WASTE SERVICES RECOMMENDATION The City Council approve the merger of Western Waste Industries with USA Waste Services, Inc. Bac!~round Western Waste Industries is one of the three permitted refuse ffanchised haulers for the City of Rancho Cucamonga. In May of 1996 USA Waste Services, Inc. completed a merger transaction in which USA Waste acquired all of the stock of Western Waste Industries making Western Waste Industries one of a number of subsidiaries of the company. USA Waste Services, Inc. is now completing the technical process of internal documentation following the merger. This technical process does include the City of Rancho Cucamonga approving this merger as required by the City's Refuse Franchise Agreement Section 8.17.26003) entitled Assignment or Transfer of Permit. Section 8.17.26003) states, "No assignment or transfer of a permit pursuant to this chapter or any right accruing under such permit shall be made in whole or in part by the permittee without the express consent of the City Council. In the event any assignment or transfer is authorized by the City Council, the assignee shall assume the liability and all other obligations of the permittee." Analysis Staff has consulted with the City Attorney regarding this merger and has been advised that no advertised public heating or public hearing is required. This approval by the City Council would be considered a "housekeeping" matter on the part of the City Council. USA Waste Services, Inc. continues to serve the Terra Vista portion of the City providing residential trash collection to approximately 2000 homes. USA Waste also serves approximately 25% of the Mayor and Members of the City Council WestemA_JSA Waste Merger Page Two March 4, 1998 City's commercial/industrial base for refuse collection. USA Waste Services, Inc. continues to provide outstanding residential and commercial/industrial refuse services for the City of Rancho Cucamonga. ~Respectful~,~u~ed, Diane O'Neal Assistant To The City Manager /Z CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: TO: FROM: SUBJECT: February 24, 1998 q Mayor and Members of the City Cot~tq 1 Jack Lam, AICP, City Manager ~- Rodney Hoops, Chief of Police APPROVAL TO TRANSFER A CITY VEHICLE TO THE COUNTY OF SAN BERNARDINO FOR POLICE SERVICES RECOMMENDATION: It is recommended that the City Council approve the transfer of a City vehicle ~o facilitate its use by the County of San Bernardino in the operation of the Police Department "Mobile Satellite Office". BACKGROUND: The City recently purchased the following listed vehicle for use by the Police Department as its "Mobile Satellite Office": 1998 Southwind Custom 38 ft Motor Home, S/N 721 SW4761390, Chassis # 3FCMF53G9VJA29919 In order for the vehicle to be used by County personnel the vehicle must be transferred to the County of San Bernardino and will be available for use by the Police Department. Responsibility for liability, maintenance, and fuel will be the same as that provided for other vehicles within the Police Department's fleet. When the useful life of the vehicle ends title will be transferred back to the City of Rancho Cucamonga. Respectfully submitted, Chief of Police Fleetwood b£otor Homes Of Ca, 5300 Via &icardo / PO Box 5726 ~iverside, Ca 92517 s°~lCy Of Rancho Cucamonga AODR~510 Civic Center Dr. CITY STATE Rancho Cucamonga, CA BRAND. MODEL- COLOR South, rind 38 Silver SERIAL NO. 72 ISW4761390 ~O, ZIP DESCRIPTION Custom 38ft Southrind Motor Hom~ Mobile Co---=nd Post / Sub Station PO #28498.0 28498.1 Additional Equipment: Electronic Copy Board Task Chairs HP ~ax, Copy, Printer DSS Satellite Dish & Receiver · $5,000. per Lt. Joe Henry SHIP TOsame ADDRESS CITY CHASSIS NO. 3 FCHF53G9VJA/9919 STATE ZiP DESCRIPTK3N INVOICE NO. 904728272 INVOICE DATE I/ 3/9 MODEL YEAR 1998 JDATE SHIPPED 1/23/98 / METNO0 OF I~YMENT PAYMENT INFORMATIO~ LENOER'S -A~F-'Fa~.~AL NO. OEALER OP1~(~S SUBTOTAL UNIT PRICE FREIGHT CHARGES TAGS INVOICE ¥OYAL g2,SqA.24 TAX 7,779.26 100,377.50 /¥ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: March 4, 1998 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: BY: Suzanne Ota, Community Services Director Paula Pachon, Management Analyst II p~'/ SUBJECT: APPROVAl, OF REQUEST FOR WAIVER OF EPICENTER RENT&I, FEES FOR THE SCHOOl, !iUS ROADEO TO lie l-IF.l.!~ ON APRIl, 18. 1998. RECOMMEN!~ATION It is recommended that the City approve for the second year the request from the California Association of School Transportation Officials (CASTO) to conduct a School Bus Roadeo on April 18, 1998, at the Epicenter Expanded Parking Lot. CASTO is requesting that the City waive the rental fee of $2,000, and CASTO would provide liability insurance coverage as well as be responsible for facility expenses required for the event. BACKGROUND/ANAI,YSIS Chapter One, the local chapter of CASTO has requested the use of the Epicenter Parking Lot on April 18, 1998. CASTO is a non-profit organization and will be conducting its local Roadeo in preparation for the State Championship Roadeo in May, 1998 sponsored by the State Department of Education. CASTO consists of school transportation directors, mechanics, driver instructors and school bus drivers from the San Bernardino and Riverside Counties. As Council may recall, the purpose of the local Roadeo is to provide participants with an opportunity to practice their school bus driving and maneuvering skills. There will be approximately 75 to 80 school bus drivers who will be participating in the Roadco. It is anticipated that there would be a m'mimal amount of facility maintenance required for this event. The Roadeo will be a morning to mid-afternoon event completing by 3:00 p.m.. Staff recommends approval of this request based upon CASTO's affiliation with a public education agency, the public safety requirements for school bus drivers, and the public service provided by CASTO members to the community. Respectfully submitted, C~rector DATE: TO: March 4, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager CITY OF RANCHO CUCAMONGA STAFF REPORT FROM: Jerry Fulwood, Deputy City Manager BY: Diane O'Neal, Assistant To The City Manager SUBJECT: CONSIDERATION TO APPROVE A RESOLUTION SUPPORTING CALIFORNIA STATE UNIVERSITY SAN BERNARDINO'S EFFORTS TO EDUCATE THE YOUTH NOT TO SMOKE RECOMMENDATION The City Council approve the attached Resolution. Background The California State University San Bernardino secured a fully funded grant administered by the State of California, Department of Health Services. The grant is called Project P.A.C.T. and its purpose is to educate the youth as to why they should not smoke. Gwenn Norton-Perry is the Project Coordinator and is administering this program from the California State University San Bemardino's Behavioral Health Institute. Upon adoption of the attached Resolution the California State University San Bernardino would provide the City with a comprehensive range of data and survey results regarding community opinions, public policy analyses and youth purchase results. Technical assistance throughout the project is provided free of charge to the City on any aspect of interest to staff or policy makers regarding tobacco-related issues. Gwenn Norton-Perry's background letters are attached for the City Council's review. i~~g al~w~oolly Submitted, Deputy City Manager Attachment: Resolution RESOLUTION NO.98-*** g)~:,~/7/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING CALIFORNIA STATE UNIVERSITY SAN BERNARDINO'S EFFORTS TO EDUCATE THE YOUTH NOT TO SMOKE WHEREAS, the City Council of the City of Rancho Cucamonga has placed a high priodty on decreasing youth access to tobacco; WHEREAS, the City of Rancho Cucamong~l endorses a broad-based public policy approach to community improvement and the promotion of health for its youth; WHEREAS, the community residents, youth, city officials, and businesses' participating in the University-City PACT will develop a more comprehensive understanding of tobacco and its impacts on youth in our community and public policy approaches that result in positive community benefit; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: S;CTION 1: That the City Council of the City of Rancho Cucamonga supports the University-City PACT concept as a means of integrating health concems into a community and scientific approach to improving the overall environment in the City of Rancho Cucamonga and intends to participate in the Project as established by the Behavioral Health Institute, California State University San Bernardino, and the State of California Department of Health Services. SECTION 2: That the City Council of the City of Rancho Cucamonga supports the University-City PACT as a means of providing a comprehensive community-based intervention to decrease illegal sales of tobacco to minors in the City. S!=CTION 3: That the City of Rancho Cucamonga, will provide a ten minute forum to the University at three future City Council meetings. The University presentation will focus on results of youth purchase surveys in the community and a discussion of other issues relevant to tobacco control in the City. The City also agrees to provide the University with information on any other city or community committees that are interested in issues of children's health. SECTION 4: The City Council hereby directs the City Clerk to certify as to the adoption of this Resolution. Resolution No. 98-*** /? Resolution No. 98-*** Page 2 PASSED, APPROVED, AND ADOPTED this 4th day of March, 1998. AYES: NOES: ABSENT: ABSTAINED: ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 4th day of March, 1998. Executed this 5th day of March, 1998, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk CALIFORNIA STATE UNIVERSITY SAN BBRNARDINO 5500 University Parkway, San Bernardino, CA 92407-2397 GRADUATE STUDIlLS Behavioral Health Institute ~909) 880-5567 January 14, 1998 Diane O'Neal City Of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Dear Diane: As a follow up to your letter dated December 22, 1997, I wanted to take this opportunity to address your questions and concerns. The Project P.A.C.T. is a fully funded grant administered by the State of California, Department of Health Services. To-date, we have approximately 18 cities participating within San Bernardino and Riverside Counties. We are asking that all City / Institute partnerships are convened prior to June 1, 1998. The grant limits our Project P.A.C.T. participants to 24 cities. The only requirement expected of the City of Rancho Cucamonga is that you provide the Institute with the oppommity to address your council during a regularly scheduled meeting, at three milestone dates within the project's two-year period. In rerum, again, the Institute will provide the City with a comprehensive range of data and survey results regarding community opinions, public policy analyses, and youth purchase results. Technical assistance throughout the project is provided free of charge to the city on any aspect of interest to staff or policy makers regarding tabacco-related issues. Thanks again for your interest. forward to working7 you. o~t Coordinator Please call me at (909) 880-5567 if you have further questions. I look The California State UniverssLy Bakersfield · Ctmnnel Islands. Chico . Dominguez Hills · Fresno · Fuller'ton · Hayward · Ht*rnboldt · Long Beach o Los Angeles · Maritime Acc.~emy · Mortterey Buy ° Norlhridge · Pomona · Sacramento ° San Bernxard~no · San Diego · San Francisco · San Jose ° Son LJaiS Obispo · Son Marcos · Sonoma ·Stantslaus CALIFORNIA STATE UNIVERSITY SAN BBRNARDINO 5500 University Parkway, San Bernardino, CA 9.407-_397 November I 1, 1997 GRADUATE STUDIES Behavioral Health Institute (909) 880-5567 10V 1 7 1997 Jack Lain, City Manager City of Rancho Cucamonga 10500 Civic Center Rancho Cucamonga, CA 91730 Dear City Manager: As you may recall, the Behavioral Health Institute at Califomi~ State University, San Bernardino sent you a letter earlier this year requesting your participation in Project PACT. While we have not, as of yet, received'a response from your City, to-date, 14 cities in San' Bernardino and Riverside Counties have pledged their support and signed Resolutions endorsing this innovative, grant-sponsored program. Due to the overwhelming success and request from other cities to continue our activities, the Institute sought additional funding from the State of California Department of Health Services to expand our research and the number of cities participating in Project PACT. This month, we were awarded augmentation monies which will allow us to continue our research for a limited number of 10 additional cities in the Inland Empire. Again, the fully funded program only requires that your City adopt a Resolution supporting our activities (See attached sample Resolution) and allow us three forums of 3-5 minutes at your scheduled Council meetings over the next 2 years. Upon your adoption of the Resolution, your City will receive the following: I. Comprehensive evaluation of your city's tobacco control policy as it relates to a model legislation scale and a comparative analysis of other cities in the region. (This evaluation is in the final stages of completion and will be available to you by December 1st; 2. Surveys to assess community attitudes toward the illegal sale of tobacco to minors; 3. Focus group assessments within local high schools regarding smoking habits and the ability to obtain cigarettes; these focus groups will be reconvened at various intervals to determine effectiveness of activities; 4. Merchant intervention activities will be convened utilizing community group volunteers and Institute staff; and 5. Various supporting benefits from the CSUSB Office of University Relations. Over the past year, we have been actively conducting our research in supporting cities such as San Bernardino, Palm Desert, Upland, Redlands, Loma Linda and Yucaipa, to name just a few. Additionally, we have provided the San Bernardino Associated Governments (SANBAG) Ad Hoc Billboard Committee with a comprehensive study we conducted on billboards throughout San Bernardino County (A copy of the preliminary study was sent to your SANBAG representative several weeks ago). This research will be expanded to include Riverside County in the near future. Studies have indicated that the majority of Californians believe it is within the authority of local government to employ measures whieh precinde the sale of tobacco to minors. Our research is simply one step forward in providing your policy makers timely data which will assist them in their decisions to address this in their own communities. We appreciate your consideration of becoming a participant in Project PACT. If you should have any questions or need additional information, please contact Gwenn Norton-Perry at (909) 880-5567. Elizabeth A{.,~ ~noff, Ph.D. Executive Dh~ ~or ,-, Gwenn Norto -Perry ~j Project Coordinator GNP/jlb: attachments 2/ ~0 'd J~ a! ;;3 CITY OF tL,~.NCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: March 4, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Willie Valbuena, Assistant Engineer APPROVAL OF DISPOSITION OF A PORTION OF CITY OWNED PROPERTY, LOCATED NORTH OF LOT 10 OF TRACT 13063 ON GREENSTONE DRIVE, SOUTH OF HIGHLAND AVENUE, SUBMITTED BY JOHN F. JANSEN RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the disposition of a portion of City owned property, located north of Lot 10 of Tract 13063 on Greenstone Drive, south of Highland Avenue and authorize the Mayor and the City Clerk to sign said resolution. BACKGROUND/ANALYSIS On November 12, 1987, Assessor Parcel Number 227-071-28 was granted to the City of Rancho Cucamonga through a Corporation Grant Deed for constructing flood control facilities. A record of survey was also recorded. John F. Jansen, property owner of Lot 10 of Tract 13063, is requesting that a portion of the City owned property be incorporated to his property through a quitclaim process and concurrently proceed with a lot merger. On February 25, 1998, the Planning Commission determined that the proposed quitclaim would conform with the General Plan. Through these proceedings, the property owner will obtain said portion of City owned property and use the land as part of Lot l0 of Tract 13063. Respectfully submitted, William J. O~Neil City Engineer WJO:WV:dlw Attachments RESOLUTION NO. 9~- ~d,~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A" AND TO CAUSE THE SAME TO BE DELIVERED TO THE PERSONS NAMED THEREIN A. Recitals (i) The City of Rancho Cucamonga has a fee interest in tha~ certain portion of a parcel of real property generally located north of Lot l0 of Tract 13063 on Greenstone Drive, south of Highland Avenue in the City of Rancho Cucamonga, County of San Bernardino, California, and hereinafter referred to in this Resolution as "said property." A full, true and complete description of said property is set forth in that copy of deed attached hereto as Exhibit "A" and by this reference set forth herein. (ii) California Government Code Section 37350 provides as follows: "A City may purchase, lease, receive, hold, and enjoy real and personal Property, and control and dispose of it for the common benefit." follows: (iii) Califomia Government Code Section 37351 provides in pertinent part, as The legislative body (City Council may... dispose of, and convey such property for the benefit of the City..." (iv) The Planning Commission of the City of Rancho Cucamonga heretofore made the findings on February 25, 1998, that disposing of said portion of City owned property, as herein contemplated, would be in conformity with the General Plan of the City of Rancho Cucamonga. (v) Said portion of City owned property was granted to the City of Rancho Cucamonga through a Corportion Grant Deed, for flood control purposes. (vi) Said property constitutes a burden on the City of Rancho Cucamonga and is no longer necessary or convenient for the purposes for which it was granted. (vii) Conveyance of said property will further the use of said property and benefit the City of Rancho Cucamonga by deletion of a necessity to maintain said property. (viii) All legal prerequisites to the adoption of this Resolution has occurred. Z5 CITY COL%~CIL RESOLUTION NO. March 4, 1998 Page 2 B. Resolution NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and resolve as follows: 1. All facts stated in the Recitals, Part A, of this Resolution hereby are found to be true and correct. 2. This Council hereby finds that the quit claiming of said property to the persons described in said deed will benefit the City of Rancho Cucamonga. 3. The Mayor and City Clerk hereby are authorized and directed to execute the deed, a full, true and correct copy of which is attached hereto as Exhibit "A", and cause the same to be recorded forthwith upon adoption of this Resolution. 4. The City Clerk shall certify to the adoption of this Resolution. Assessor Parcel No.' 227-071-28 RECORDING REQUESTED BY City of Rancho Cucamonga WHEN RECORDED MAIL TO City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 SPACE ABOVE THIS LINE FOR RECORDER'S USE Name.' Street Address: c~ & State: MAIL TAX STATEMENTS TO DOCUMENTARY TRANSFER TAX $ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED OR COMPUTED ON FULL VALUE LESS MENS AND 'ENCUMBRANCES REMAINING AT TIME OF SALE. CORPORATION QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Rancho Cucamonga, a corporation under the laws of the State of California hereby REMISES, RELEASES AND QUITCLAIMS to JOHN F. JANSEN AND CARLA J. JANSEN, HUSBAND AND WIFE AS JOINT TENANTS that certain real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described and shown on the attached Exhibits "A" and "B". ACCEPTED: CITY OF RANCHO CUCAMGNGA, A MUNICIPAL CC~.~SRATIGN BY: MAYOR ATTEST: CITY CLERK ATTACH COMPLETED NOTARY ACKNOWLEDGEMENT(S) 27 EXHIBIT "A" LEGAL DESCRIPTION (AREA TO BE QUITCLAIMED) THAT PORTION OF THE ETIWANDA STORM DRAIN RIGHT-OF-WAY, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER RECORD OF SURVEY RECORDED IN BOOK 70, PAGES 98 AND 99, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH TERMINUS OF THAT CERTAIN COURSE IN THE WESTERLY LINE OF SAID ETIWANDA STORM DRAIN RIGHT-OF-WAY, SAID COURSE ALSO BEING THE EAST LINE OF LOT 10 OF TRACT 13063, AS PER MAP RECORDED IN BOOK 218, PAGES 10 THROUGH 14, INCLUSIVE, OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE NORTHERLY PROLONGATION OF SAID EAST LINE NORTH 01°39'56" WEST 63.04 FEET: THENCE NORTH 46°36'13" WEST, 47.07 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID LOT 10; THENCE WESTERLY ALONG SAID PROLONGATION, SOUTH 89°53'40" WEST, 32.90 FEET TO THE NORTHEAST CORNER OF SAID LOT I0, SAID POINT ALSO LYING ON THE WESTERLY RIGHT-OF-WAY OF SAID ETIWANDA STORM DRAIN RIGHT-OF-WAY; THENCE SOUTHEASTERLY ALONG THE NORTHEAST LINE OF SAID LOT 10 AND SAID WESTERLY RIGHT-OF- WAY, SOUTH 35o49'29" EAST, 117.68 FEET TO THE POINT OF BEGINNING. EXHIBIT 'B" .. ETIWANDA STORM DRAIN R/W PE]~ INST NO. 87-405064. O.R.~ *-, '--. ,_.:.,:/ ..t ~ ~. / LOT 9 N 89'5Y4-0' W 401.17' GREENSTONE N 89'5Y40' W(R) DRIVE CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: March 4, 1998 Mayor and Members of the City Council Jack Lain, AICP, City Manager William J. O'Neil, City Engineer Jerry A. Dyer, Associate Engineer APPROVAL TO RELEASE AN AGREEMENT FOR POSTPONEMENT OF RECORDATION OF COVENANTS, CONDITIONS AND RESTRICTION FOR TRACT 13279, SUBMITtED BY CITATION HOMES RECOMMENDATION It is recommended that the City Council adopt the attached Resolution releasing the Agreement for Postponement of Recordation of Covenants, Conditions and Restriction for Lots 8 and 11 of Tract 13279, and authorizing the Mayor to sign said release and the City Clerk to attest and present same to the County Recorder to be flied for record. BACKGROUND/ANA1,YSIS Tract 13279 generally located south of Highland Avenue, north of SPRR, west of Milliken Avenue, and east of Rochester Avenue was recorded on November 18, 1987, map book 203, page 98/102, as Instrument No. 87-409355. In addition, an Agreement for Postponement of Recordation of Covenants, Conditions and Restriction for Tract 13279 between the City and The William Lyon Company was approved by City Council on the 1st of October 1987, and recorded on November 20, 1987, as Instrument No. 87-413187. Both the map and agreement were recorded in the office of the County Recorder, San Bernardino County, California. Citation Homes is the owner/developer of lots 8 and 11 of Tract 13279, with approved tentative maps, TT 15796 and 15797, respectively, over each lot. Both tentative maps are divided into two phases with the first phase of each already recorded and currently under construction. Since both tentative maps are single family developments for which Covenants, Conditions and Restriction (CC&R's) are not required, Citation Homes has requested the release of the agreement over lots 8 and 11 of Tract 13279. Respectfully submitted, William J. Oqqeil 4..~/C ity Engineer WJO:JAD Attachments: Vicinity Map Resolution with Release of Agreement VICINITY MAP TR 13279 File: h:\forms\vicmap RESOLUTION NO. ~)ff- ~,~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RELEASING THE AGREEMENT FOR POSTPONEMENT OF RECORDATION OF COVENANTS, CONDITIONS AND RESTRICTION FOR LOTS 8 AND 11 OF TRACT 13279 WHEREAS, the City Council of the City of Rancho Cucamonga on October 1, 1987, entered into a Agreement with The William Lyon Company for the postponement of recordation of covenants, conditions and restriction for Tract 13279; and WHEREAS, said Agreement for the Postponement of Recordation of Covenants, Conditions and Restriction for Tract 13279, was recorded on November 20, 1987, as Insmanent No. 87- 413187, in the office of the County Recorder, San Bernardino County, California; and WHEREAS, Citation Homes is the owner/developer of lots 8 and 11 of Tract 13279 with approved tentative maps, TT 15796 and 15797, respectively, over each lot; and WHEREAS, both tentative maps are single family developments which do not require CC&R's and thus said Agreement for the Postponement of Recordation of Covenants, Conditions and Restriction for lots 8 and 11 of Tract 13279 is no longer required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby release said Agreement for the Postponement of Recordation of Covenants, Conditions and Restriction for lots 8 and 11 of Tract 13279, and authorize the Mayor to sign the release and the City Clerk to attest and present same to the County Recorder to be filed for record. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: March 4, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Maria E. Perez, Assistant Engineer APPROVAL OF IMPROVEMENT AGREEMENT FOR CUP 94-39, LOCATED ON THE NORTH SIDE OF ASHFORD STREET EAST OF CENTER AVENUE, SUBMITTED BY THE CUCAMONGA COUNTY WATER DISTRICT RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving CUP 94-39, accepting the subject agreement and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS CUP 94-39, located on the north side of Ashford Street east of Center Avenue, in the Industrial Park District, was approved by the Planning Commission on January 25, 1995. The development of the Cucamonga County Water District Headquarters consists of four buildings to be used as administrative offices, maintenance warehouse, vehicle maintenance and office for a fueling station. The Cucamonga County Water District is submitting an agreement to guarantee the consauction of the off'- site improvements. Copies of the agreement are available in the City Clerk's office. Respectfully submitted, /William J. Oqqeil ,~City Engineer WJO:MEP:sd Attachments RESOLUTION NO. 9 ~- ~¢=~ 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT FOR CONDITIONAL USE PERMIT 94-39 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed by the Cucamonga County Water District as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the north side of Ashford Street east of Center Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, are to be done in conjunction with the development of said real property as referred to Planning Commission, Conditional Use Permit 94-39. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLVES that said Improvement Agreement be and the same is hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. CHURCH STRFF-I' · ~Z , ~ -. ~ :~.;'~.'~,~. :.:.... ': CITY OF RANCHO CUCAMONGA ENGINEERING DMSION ITEM: TITLE: CUP 94-39 VICINITY MAP CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: March 4, 1998 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jerry A. Dyer, Associate Engineer SUBJECT: APPROVAL OF THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT NO. 13564-2, GENERALLY LOCATED NORTH OF WILSON AVENUE EAST OF WARDMAN BULLOCK ROAD, SUBMITTED BY STANDARD PACIFIC, CORPORATION RECOMMENDATION: It is recommended that the City Council adopt the attached resolution accepting the subject agreement and security, and authorizing the Mayor and the City Clerk to sign same. BACKGROUND/ANALYSIS: Tentative Tract 13564, generally located north of Wilson Avenue east of Wardman Bullock Road, was approved by the County of San Bernardino on August 24, 1987, and revised by the County Planning Commission on November 17, 1988, with an annexation agreement approved by the City of Rancho Cucamonga City Council and entered into as of January 7, 1989, for a residential subdivision of 182 single family lots on 117 acres of land, broken into 5 phases. Tract Map No. 13564-2 is the final map for the second of those five phases. The Developer, Standard Pacific, Corporation, has received building permits for the model homes I~ing constructed over proposed Tract 13564-2. Improvements and final map for said tract are currently in plan check. Since building permits have been issued, and in order to expedite the construction of the required street and storm drain improvements associated with Tract 13564-2, the Developer is submitting an agreement and security to guarantee the construction of those improvements in the following amounts: Faithful Performance Bond: Labor and Materialmen Bond: Street & Storm Off-site Street & Drain Storm Drain $1,034,000.00 $59,000.00 $517,000.00 $29,500.00 Copies of the agreement and security are available in the City Clerk's office. Respectfully submitted, ~l.4,~illiam J. O'Neil ity Engineer WJO:JAD:dlw Attachments VICINITY MAP RACT 13564 ,,, '""i~ Corridor" z , < .~,%.._~ SCE © TOTAL LOTS 182 LEGEND PHASE Q TRACT 13561.5 TOTAL LOTS 364 WILSON AVENUE TT 13564 City of Rancho Cucamonga File: h:~,l~.m~s\', icmal~ RESOLUTION NO. ? ~' 6")~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP NO. 13564-2 WHEREAS, Tentative Tract Map 13564, submitted by Standard Pacific, Corporation, generally located north of Wilson Avenue east of Wardman. Bullock Road, was approved by the County of San Bemardino on August 24, 1987, and revised by the County Planning Commission on November 17, 1988, with an annexation agreement approved by the City of Rancho Cucamonga City Council and entered into as of January 7, 1989, for a residential subdivision of 182 single family lots on 117 acres of land, which is broken into 5 phases; and WHEREAS, Tract Map No. 13564-2 is the f'mal map for the second of those five phases for the division of land approved as shown on said Tentative Tract Map; and WHEREAS, building permits have been issued for the construction of model homes over proposed Tract 13564-2; and WHEREAS, in order to expedite the consauction of the required street and storm drain improvements associated with the proposed Tract 13564-2 the Developer, Standard Pacific, Corporation, is submitting an Improvement Agreement guaranteed by acceptable Improvement Security; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the proposed development of said real property as referred to Tract Map No. 13564-2. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLVES that said Improvement Agreement and said Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga and the City Clerk to attest. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February24,1998 TO: Mayor Alexander & City Councilmembers Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Director SUBJECT: APPROVAl, OF AGREEMENT WITH SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOO!.S FOR PII,OT AFTERSCHOOl, TEEN PROGRAM ANI} APPROVAl, OF !:IUr~GET APPROPRIATION IN THE AMOUNT OF $31300 RECOMMENDATION: It is recommended that the City Council approve Agreement #97/98-0156 with the San Bernardino County Superintendent of Schools for a $30,000 Grant to develop a Pilot After School At-Risk Youth Program and approve a budget appropriation of $30,000 in Grant Funding and $1,300 from the 13 Recreation Fund for this pilot program. BACKGROUND/ANALYSIS: At your meeting of January 21, 1998, the City Council considered the $30,000 Grant Proposal from the County Superintendent of Schools and approved the conceptual plan for the Pilot After School Teen Program. This Agreement will allow the City to receive the $30,000 grant for the program which will be located at the Rancho Cucamonga Family Sports Center and will be held for a 12 week period from March through June, 1998. There will be a nominal drop in fee of $10.00 per month to participate in the program. The program will include recreational activities available at the Family Sports Center, tutoring and mentoring programs available through the Study Room and educational workshops developed with West End Family Counseling. FISCAL IMPACT: The program expenses will be covered by the $30,000 Grant and $1,300 in revenues (13 Fund) from program fees. Staff recommends that the City Council approve the budget appropriations to proceed with the pilot program. Respectfully submitted, Community Services Director OFFIC~ OF TI~ SAN BERNARDINO COUNTY SUPI~[~fi~NDENT OF SCHOOLS ~1 NORTH E STU~ _~-r SAN BERNARDINO, CALII~ORNIA 92410..3093 Agramint ~97/9~01~6 This sr,,~.~t. at, r.~_ and enm~ into ~h!~ 18~h day of February. 199~, by sad betwma the Office of' the San ~ County Suf~;~e~-~k.~t of Sohooh, WITNESSETH NOW ~ORF.~ ~RIN'I'~D~rr ~d CITY mumslly ANT) RI~VIC!~ TO !:1~. PROVlDi~ RY ~ e U 'tdiz~ ~ ia a~xmiaam with the provisiom of Subdivision (000) of Section 41 of Cluzpt~ 299 of the Statn~ of 1993' (AB 1:578). Will setsnit a project completion report to SU!'!:RINT~ENT within thirty (30) days following the pt'oject year etai o~ J~ne ~0, 1998. e ANT) RI~VIC. F.q TO ~P. PROVIDk'D l:ty SIIPERINTRNDItNT final invoice ccnifyin8 completion of the arant requireram3 in ~uly, 1998. (S~O,000.00). DURATIt')N OF ACeR .~ Thetafin ofthis a~,...,,~ slm]i be from Mwch 4. 1998, through and ~Jun~ 30, 199g.;.. ]vf[ f'f'! TAT. HOLD mannes- oo,,,-'..'tc4 with thn lx~- ....,,,'~ of any act or deed under or v,-. ....to th~ terms and BARRY PIN,T J_AM San Bemm!~ C~,y Sul~ ;nv'.. ~k'-t of School* CTFY OF RA2qCHO CUCAMONGA AFTER SCHOOL TEEN CLUB Pilot Program Proposal TARGET DATES: Start March 16, 1998; End June 12, 1998 (Week of Spring Break April 6: program will operate on an extended hour basis on Tuesday and Thursday. Monday, Wednesday and Friday are planned teen trips, with separate registration required. Program Duration: 12 Weeks PROGRAM LOCATION: RC Family Sports Center PROGRAM DAYS &. TIMES: Monday through Fridays 2:15 p.m. - 6:00 p.m. (Dismissal Time of dosest school, Cucamonga Middle School is 2:09 p.m.) TARGET AGE GROUP: Junior High and Middle School Students 6th - 8th Grades (Grades 8 and above will not be excluded, but target group will the focused on.) PROGRAM FEE: Proposed at $10 per month per student (.50 per day) PROJECTED ATTENDANCE: Budget based on a daily attendance of 40 students. (Program serving between 1600 - 2000 youth). Up to 75 students could be accommodated each day if demand exists. PROGRAM OVERVIEW/DEVELOPMENT BACKGROUND The City of Rancho Cucamonga has been notified by the State of California that it has received a one time grant on $30,000 to provide an after school program for at-risk youth. These funds can be used to purchase equipment and capital items that can be used by hundreds of youth to enhance their leisure time. It can also be used to subsidize the staff and operational costs that are so important to these types of programs. Our growing population of Middle and Junior High School age students requires that we take further steps to provide recreational opportunities for them. One of the most vulnerable times for these students is in the after school hours as many are unsupervised during this time frame. We would like to provide them with a safe place to gather with their friends and engage in productive social and recreational activities. The RC Family Sports Center has a lot to offer this age group. The gym space provides opportunities for basketball, volleyball, badminton, soccer and other indoor games. The multi-purpose room can be used for many other pursuits such as reading, game playing and socializing. Racquetball and study rooms are also available at the center. Most importantly, recreation staff can serve as mentors and positive role models for this age group. PROGRAM GOALS _ 1. To provide a safe environment for recreational and social pursuits for Junior High and Middle school students. 2. To provide a combination of active and passi.ve activities. 3. To provide positive role models and Mentoring to the students. To provide educational workshops on self-esteem for youth. These workshops can be developed through collaborations with community non-profit groups such as West End Family Counseling. To establish a teen program that can grow and be flexible based on the needs of the teens. To provide the program at an affordable cost so that all teens who wish to participate can. PROGRAM DESCRIPTION The program would meet Mondays through Fridays from approximately 2:15 - 6:00 p.m. Teens would be required to register on site and wear identification while in the building identifying them as a part of the program. The program fee is proposed at $10 per month or .50 per day. Students could purchase "punch cards~ or pay daily. It is imperative that the registration system be easy to use. Students this age do not typically pre-register, or make a long term commitment, they want the freedom to "drop in" and participate. Each afternoon at least one section of the gym would be dedicated to the group. Different days would feature basketball, soccer, volleyball or general indoor games. A staff member would be stationed in the gym during its use. Most of the other activities would be held in the multi-purpose room. The grant would allow us to purchase a television, VCR (for showing movies) and a game equipment package (such as Nintendo). Also, a stereo system would be available to play music. Many types of board and tables games can also be provided. Also proposed are ping pong and billards. In this relaxed atmosphere the youth can develop positive relationships with staff and the participants can be a guide to future activities. Three local trips are planned, two to regualr movies and one to the IMAX theater. In addion games and contests with prizes will be held (ping pong, pool, video games contests, etc.) Educational workshops would be developed in consultation with West End Family Counseling. Also available are raquetball courts and a computer/homework area. BUDGET OVERVIEW A detailed budget is attached. The grant would cover the purchase of all equipment and supplies to get the program established. The grant would also subsidize staff and operational costs. The revenue projections are based on the attendance figures of 35 to 40 students per day at $10 per month (.50 per day). Also allowed for is the purchase of office equipment and supplies for the operation of the program. Fiscal Impact for Fiscal Year 1997/98: none. Fiscal Impact for Fiscal Year 1999/99: The cost to continue an after school program in the next fiscal year would be approximately $16,000, subject to the success of the pilot program. Staff would indude this program for consideration in the budget review process for Fiscal Year 1998/99. PLANNING TIME LINE JANUARY 1998 Approval from City Council to pursue the program and expend the grant funds. Approval from City Council to continue the program into the next school year. After approval begin staff recruitment process and advertising the program to the schools. FEBRUARY/MARCH 1998 After receipt of first installment of the grant, begin to purchase the equipment needed. Continue staff recruitment, program activity planning and advertising. March 16- begin the program APRIIJMAY 1998 Continue to operate program, purchase supplies and evaluate the program based on established goals and criteria. Finalize budget for Fiscal Year 1998/99. JUNFJJULY Evaluate program, finalize expenses and revenues for audit purposes. 1998 Pilot After School Teen Program Department: Community Services Funding Source: State of California Grant Funding Amount: $30,000 Fund: Special Fund Object # 1300 1900 ~PERSONNEL Part Time Salaries Fringe Benefits- P/T Salaries Personnel Total OPERATIONS 3100 Travel & Meetings 3300 Mileage 3900 Maintenance & Operations 3960 General Liability 6028 Contract Services 1997/~8 8,792 176 8,968 0 0 7,764 0 0 !CAPITAL OUTLAY 7044 Equipment 7047 !Computer Equipment Operations Cap~ To~ Prol~ram Total 7,764 9,568 3,700 i3,268 30,000 1998 Pilot After School Teen Club - Draft Budget 1998 Pilot After S :hool T, State Grant Fundinj~ 30,000 1998 After $choo .~en Club Teen Cub Proj .~cted Personnel Rec Leader Rec Leader Rec Leader Staff Benefits :Maintenance and lOperations Equipment Supplies/Hisc. !Transportation/[rips i Promotion/Publicity Staff Shim/Badges Contingency Capital Equipment Capital Computer 8,968 3,297 2,748 2,748 176 7,764 3,893 300 1,000 1,500 150 921 9,568 3,700 [Total P?i~Expen_d Bud!~et Summary Proj Revenue Proj Expend Net 30,000'~, 30,000 30,000 0 Gran= Fundinlz ~xpenditures 1998 Pilot After School Teen Club - Draft Budget !Grant $pendin!~ (verview iThe following is a proposed lisa of expenditu 'es and usage Grant Overview $30,000 iPersonnel 8,968 i Transportation/Trips 1,000 ~. Equipment 3,893 :~Capital Equipment 9,568 iCapital Computer 3,700 !Supplies~* 300 i Publicity 1,500 !Staff Shins 150 iContinf/)lisc 921 . Supphes: board Eames, contest prizes etc. O~cher Equipment Bre',Jcdow~ i Service Afreements [Nintendo Accessories Music/Video Library MaEazine Subscriptions Sports Equipment 3 TV Carts StoraEe Units Furniture 2 Furohs i2 Futon Mattresses ;3 Area RuEs ~Stereo Cart Ping Pone Table Accessories 'Pool Table Accessories Computer Software .2 Dart Boards/Accessories Misc. Equipment $3,893 464 469 300 200 300 300 225 430 215 300 I00 I00 150 I00 140 I00 or the grar t funds. Capital Equipment Ireakdown Toshiba 61" TV 3 Samsunf-19" TV Toshiba VCR 3 Nintendo 64 Sony Digital Camera iAiwa 5 CD Shelf Stereo 2 Billiard Tables Pine Pone Table Capital Computer I~reakdown Staff Computer HP Desk Jet Color Printer HP Color Scanmr $9,568~ 2,694t 582 216 485 539 302 4,500 25O $3,700 2,500 6OO 600 ;-/7 1998 Pilot Afterschool Teen Program Department: Community Services Funding Source: State of California Grant Funding Amount: $1330 Fund: 13 Fund Obiect # 1300 1900 3100 3300 3900 3960 6028 iPERSONNEL Part Time Salaries !Fringe Benefits- P/I' Salaries ~OPERATIONS Travel & Heetings Hileage Haintenance & Operations General Liability Contract Services Personnel Total 1997/98 0 0 0 1,330 0 0 ,CAPITAL OUTLAY 7044 i Equipment 7047 iCompurer Equipment Operations Capital Total Program Total 1330 0 0 0 1,330 1998 Pilot Aftershool Teen Program 13 Fund Budget 1998 Pilot After S Re~. Cost Per Month $10 per month chool Teen Club Projected Revenue 40 kids/month Club fees per month 400 Fee Rev 3 months 1,200 , Tournament Revenue 50 Trip Revenue ~ 80 Total Revenue [ 1,330 1998 After School Teen Club Projected Expem ~Maintenance and I 1,330 Operations lAdministration (7.5% Fees) 90 I Liability (1% 0pCosts) 100 I · i Supphes ~isc. 1,010 !~rip/Tourney Supplies 130 ,,Total Proj Expend 1,330 BudMet Summary Proj Revenue 1,330 Proj Expend I;130 Net O litures CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: March 4, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager CONSIDERATION OF A REQUEST FROM THE CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT TO SUPPORT MEASURE X The City has received a request from the Chaffey Joint Union High School District to support its upcoming General Obligation Bond Measure, Measure X, to fund various school capital improvements and to construct two new high schools, one of which will be in Rancho Cucamonga. Measure X will be on the June 2, 1998 ballot. Representatives of Citizens for Quality Schools Committee for Measure X as well as District representatives will be at the Council meeting to discuss and present this request. Re91~ectfully submitted, 'Duane A. Baker Assistant to the City Manager /dab attachments 0 0 0 Daily Bulletin Inland Tuesday IFebruary 10, 1998 Chaffey makes good start on bond If you want voters to pass a school bond, you have to be honest with them about what the money will pay for. Chaffey Joint Union High School District has learned that lesson, judging from the way it proposed a $128 million bond issue for April. Last week, when district officials made their first public pitch for the bond, they already had a specific breakdown of projects and costs. That list makes bond's rationale easy to understand. The Chaffey district hasn't placed a bond measure on the ballot for 20 years. In 20 years, a lot can change, including the population of the district. And b-ildings, especially heavily used ones, age with time and need repairs. So the district hopes to build two new high schools, one in Rancho Cucamonga and one in south Ontario, which will cost about $100 million. The rest of the bond money would go for projects as diverse as replacing water and sewer · lines, improving electrical systems, adding new lighting, upgrading ventilation systems and installing emergency communication systems. All that would cost property owners an average of $29.95 per $100,000 of assessed value. Contrast that with recent failed bond proposals in the Chino Valley and Pomona school di,tricts. Pomona's bond measure ran such a low-profile c~mpaign most voters didn't have a clue what the district was after. It held no informational public forums, nor did it publish a specific list of projects. Chino's school board did publish a list of projects, then hemmed and hawed and refused to commit to them. Stories changed, pl .aris turned fuzzy and the district's credibility sank so low that the city councils of Chino and Chino Hills refused to endorse the measure. Chaffey bond backers still have plenty of work ahead to make their case, but they've started out on the right read, by recognizing voters need to know what's at stake in order to make an educated decision. Our high schools are among the best in the state. They offer outstanding academic instruction, and students have received statewide and national recognition. Chaffey high schools, most of which were built 35 to 65 years ago, are old, severely overcrowded and need repairs. Over the years, the school district has, within limited resources, maintained these old facilities and kept them in working order. But the age of the schools and the need for additional classrooms and significant renovation far exceed the districrs ability to pay for modemization and expansion. Ten years ago, student enrollment was 11,000 students. Today, more than 17,500 are crammed into aging facilities. Measure X will provide funding to build two new schools, add classrooms at and refurbish each existing high school. Electrical, heating and sewer systems are outdated. Classrooms, school libraries, and science laboratories are inadequate for today's aca~l. emic rmeds. Bathromns built years ago are antiquated and unsightly. Some buildings require structural work for earthquake safety. Others need window and roof replacement. All money raised by Measure X will be used to benefit local students. By law, every dollar raised by Measure X will go directty into critical rapaim and additions, and no money can be used for non-construction-related salaries or administrative overhead. Measure X will: · Build two new high schoola. · Provide additional ~ in existing schools. · Upgrade inadequate electrical systems to increase capacity and add classroom outlets. · Replace leaky roc~ and winckM=. · Replace inefficient heating and alr-<:ondiUoning systems. · .~,Replace corroded ptumbing and sewer lines. · Remodel deteriorated ~tu,~a.4 restrooms. · Modemize science laboratories. Passage of Measure X will also increase aigil~iity for matching state renovations. Please vote YES on Measure X. Charles Ul-~l , President Board of Trustees money for these Haro~Zenz,""'~'"' / I Gardlner Spring Auditorium Restoration Committee senbrey, Chie~of Police City of Montctair emily Medicine ~oem~nt ty Volunt~r CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT GENERAL OBLIGATION BOND BULLETS The Chaffey Joint Union High School District was founded in 1911. The original buildings were damaged during the 1932 earthquake. All of the buildings at Chaffey High School were reconstructed between 1935 and 1937 by W.P.A. labor. Following World War II, using General Obligation Bonds approved by the community, the District built Upland High School, Montclair High School, Alta Loma High School and Ontario High School. It has been twenty years since the District has held a General Obligation Bond election. With the passage of Proposition 13 (the Gann initiative) in 1979, the funding mechanism to build schools changed. Authority for funded was moved to Sacramento. Eftwanda High School and Rancho Cucamonga High School were built by money 'generated from state school facilities bonds. At the current time, there is no money in the state allocation fund to build schools and the legislature is debating a possible state bond ballot measure. No date has been selected for a state bond election. A significant reason to pass local General Obligation Bonds is to give our District and our communities the oppornmity to control our own development destiny. Since we opened Rancho Cucamonga High School five years ago, there has been sufficient growth in our District to qualify for two new high schools. At current growth rates, our District will have enough students to qualify for one new high school every five years. The General Obligation Bond is for $128,000,000. The money will be used to build two new high schools to relieve overcrowding at our existing schools and to accommodate growth. In addition, we will make facility improvements at each of our existing high schools, including electrical upgrades for technology, heating and air-conditioning, lighting and plumbing. The District has already approved a list of projects and the list is available to the public. No money from General Obligation Bonds can be used for salaries or administration. All money stays in our local communities. The average cost over the life of the Bonds is $29.35 per $100,000 assessed valuation. Our communities have a long and exemplary tradition of supporting our schools. It is now our turn to continue the tradition of quality education initiated by George Chaffey and the founding of the Chaffey District in 1911. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: March 4, 1998 TO: Mayor Alexander & City Councilmembers Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Director SUBJECT: CONSIDERATION OF PARKS AND RECREATION COMMISSION RECOMMENDATION REGARDING A!,I,OCATION OF FUNDS FROM TI4E GUESS WI-IO CONCERT RECOMMENDATION: The Parks & Recreation Commission recommends that the City Council allocate the total net revenues of $24,288 from the Guess Who Concert to the youth sports organizations based upon their proportionate percentage of the total annual sports registration for Fall, 1996 - Spring, 1997. The Sport Advisory Committee concurs with this recommendation. BACKGROUND/ANALYSIS: At your meeting of November 5, 1997, the City Council requested that the Sports Advisory Committee and the Parks & Recreation Commission consider the allocation of the net revenues derived from the receipt of the $70,000 rain insurance. The ticket and concert related revenues were not considered as ticket refunds were approved, and the final ticket revenue amount was unknown. The final budget for the concert is as follows: Rain Event Insurance Revenue Less Direct Concert Expenses Sub-total $ 70,000 57.183 $12,817 Concert Revenues (Ticket, Parking & Concess.) Less Ticket Refunds Sub-total $15,473 4.00~ $11,471 Total Net Revenues $ 24.288 Mayor Alexander & City Councilmembers Jack Lam, AICP, City Manager Page 2 The Sports Advisory Committee met on January 14, 1998, and after a lengthy discussion, recommended that any money left over from the total concert revenues, including surplus funds set aside for ticket refunds, be allocated to the youth sports groups. The allocation was recommended to be based upon each sports organization receiving a percentage of the funds based upon the total annual sports registration for Fall, 1996 - Spring, 1997. At their meeting of February 19, 1998, the Parks & Recreation Commission considered the recommendation from the Sports Advisory Committee. The Commission approved the recommendation from the Sports Advisory Committee on a 3-2 vote (Whitehead and Hahn voting no). The dissenting vote was based upon the feeling that the direction received on consideration of the distribution of revenues did not include consideration of the ticket and concert related revenues. FISCAL IMPACT: The revenues from the Guess Who Concert are available in the Fund 13 and may be appropriated to the youth sports organizations based upon City Council direction. Respectfully submitted, Community Services Director so/cc3898gw CITY OF RANCHO CUCAMONGA YOUTH SPORTS ORGANIZATIONS FALL 1996 & SPRING 1997 Youth Sports Number of Number of Rain Insurance Concert Revenues Groups Youth Served Participants Less Direct Expenses Less Refunds AYSO 3,954 38.3 $4,909 $4,393 CYSA 919 4.5 577 516 Pop Warner 427 8.5 1,090 976 RC Softball 784 7.6 974 872 Vineyard L L 796 7.7 987 883 Deer Cnyn. L L 419 4.1 525 470 Citrus L L 590 5.7 731 654 ' lta Loma L L 618 6.0 769 688 Rancho L L 440 4.3 551 493 RC Spirits 140 1.4 179 161 RC Pony Colt 107 1.0 128 115 Cucamonga Dodgers 60 0.6 77 69 RC Indians 51 0.5 64 57 ACE Youth Softball 619 6.0 769 688 ACE T-Ball 397 ~.I~ $ 487 $ 436 TOTAL 10,321 100.0% $12,817 $11,471 sportadv\gwdist Total Revenues $ 9,302 1,093 2,066 1,846 1,870 995 1,385 1,457 1,044 340 243 146 121 1,457 $ 923 124,288 /.-- CITY OF RA~,NCHO CUCA~MONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: March 4, 1998 Mayor and Members of the City Council Jack Lain, AICP, City Manager Brad Buller, City Planner Larry Henderson, Principal Planner STATUS OF ISLE HOUSE - ABANDONED SOUTHERN PACIFIC APPROXIMATELY 120 FEET WEST OF ETIWANDA AVENUE RAILROAD RECOMMENDATION Provide staff with direction relative to desired actions to relocate the histodc House to a permanent suitable site within the Etiwanda Community. BACKGROUND/ANAl YSIS The following actions and events have taken place relative to the Isle House Restoration Project. 1. The City Council authorized staff on January 21, 1998, to take necessary actions to retain the subject structure within the Eftwanda area. 2. The House was purchased from Caltrans on February 9, 1998. 3. The House was moved on February 17, 1998, in an operation that was accomplished in 1.5 hours with the cooperation of City staff, GTE, SCE, and Marks Cabelvision. No additional costs will be incurred from the movers for up to six months. After six months, the equipment under the structure may be rented for twenty dollars a day. In addition, the structure may be moved within a one hundred-foot radius without any additional moving costs. 4. The perimeter of the storage site was secured with a six-foot high chain link fence and posted with 'No Trespassing" signs on February 18, 1998. 5. The lower floor doors and windows were secured with plywood panels on February 19, 1998. 6. Staff continues to explore opportunities for a permanent site. CORRESPONDENCE Copies of this report were mailed to the following: RCHPC Chairman and Members SANBAG - Gary Moon EHS Board of Directors City Planner BB: LJ H/taa Helen K. McGowan, Houston Pomona, Ca (909) 621-1981 March 4, 1998 City of Rancho Cucamonga Council Meeting Before I began, Let It Be Known To All That I Appreciate Our Law Enforcement And Those Who Have Contributed With Performing Courageous Acts and Tireless Good Deeds For Our Community And Benefit and although I may come across to some as hostile through criticism, my intention is a sincere attempt to either get a clear understanding from what our law enforcement may consider necessary and protective rather than as I view it as being alarming and damaging; therefore, make the public aware of a trend developing within our enforcement's borders with the potential of defeating its purpose and having adverse effects upon us that will ultimately prove to be detrimental for our society as a whole. When I read Mr. Timothy Hughes article in Saturday's edition of the Daily Bulletin, 2/21/98 headlined on the first page "25,000 children without shelter" within the border of San Bernardino County along. One answer I have as a concerned spectator is the insensitivity and the need for 'more' rather than less effort of support the law enforcement and parole officers can provideparents of small children such as not using the tactic of arrest and 'jailing' the dad so hastily especially when it is made without a charge by the 'alleged' victim who happens to be the wife and over her objection. Case in point is what has occurred in this City with an incident involving my pregnant niece and her 'paroled' husband ('Simms') where the police was called out by another tenant stating a disturbance coming from the apartment of my niece of which later they learned it was from a very 'steamed' argument the two were having. Upon entering into my niece's apartment and evidently observing a situation of a minor or routine altercation and after asking my niece if she was okay and whether she wanted to press charges against Simms and with her response being "NO" SHE DIDN'T WANT TO PRESS CHARGES AND THAT SHE WAS UNHARMED; this officer told her, well then since Simms was an invited guest as she had stated, they could not force him to leave as she had asked; however, contradictory to his statement and my guest is that this officer seeing a young black man before him assumed at some point in time has had a run-in with the law;, therefore he instructed Simms to empty the contents of his pockets and once learning he was on parole, immediately took a 90 degree turn with his attitude and temperament and arrested Simms on the spot charging him with 'spousal abuse' over my niece's repeated insistence that she didn't want to press charges and she was unharmed. As told by my niece this officer went as far as speculating the future by telling her 'no', he couldn't leave Simms because the next call he might get they may find a 2x4 sticking out of her back, and further became angered with her because of her questioning his actions and threatened to book her if she continued to persist! Even giving this officer the benefit of doubt, assuming he became fearful or overly cautious when he learned of Simms status, I can somewhat excuse this officer's abrupt adverse attitude and insensitivity towards this family consisting of not only the unborn child but their 4 year old daughter; however, as this process proceeded further to Simms' parole officer, this officer should have had the experience, sensitivity towards his daughter and unborn child, and intelligence to see what the District Attorney viewed from the beginning; an occurrence with no substantial evidence or reason to prosecute - there was no charge of spousal abuse by the 'alleged' victim, no history of spousal abuse by Simms, and most importantly acknowledging the stance of this woman when she insisted that she was not injured, unharmed and furthermore went as far as getting proof from her doctor a day later to this fact! In viewing this deliberate separation of parents it is my opinion that our law enforcement and parole administration are not only getting paranoid to the point of thinking every steamed argument a couple may have is spousal abuse, but they're inattentively appointing indiv[duals unskilled and untrained to detect and understand spousal disagreements or confrontations; such poorly use of proper discernment by not balancing and weighing a situation as to its urgency in content and not possessing- adequate sensitivity that children are involved and they're about to separate from their dad, of whom is just as important to have around as the mother, can prove damaging if not devastating to their young lives. The fact that this circumstance as it had appeared initially to this officer was not unusual as expressed by his comments, "since Simms was an invited guest we cannot force him to leave" shows in itself a lessor punishment, if any, could have been used rather than to incarcerate him. Then there's Simms parole agent, an agent who has acquired what seems to be a blinding anger and vindictive attitude who has launched a personal battle against my niece and now me for what he's told her, my "letter writing to everybody didn't help" Simms' case as she was leaving the Hearing the day the case was heard by the Board (of whom by the way verdict was guilty as charged by this agent with Simms now having to serve one year in the State's Penitentiary); this parole agent's report needs to be re-evaluated and investigated as to proof of his charges, findings and motives for recommending incarceration for Simms because of the serious 'void' he's negligently caused in Simms' children's lives, Furthermore, in viewing my niece's predicament and knowing this is not an isolated problem with us women which can happen at any time with any one of us, it would be wise that we take notice to the 'law' enforcement's silent development of force and empowerment over our rights to be acknowledged as intelligent in such altercations and strong enough to be believed when we say we haven't been abused or injured especially when we didn't call on them for their help in the first place! We should not be intimidated or 'bullied' down and forced to be quiet because certain individuals have deemed they're acting for our betterment whether we want it or not, this force even over looked the fact that their actions proved to be unjustified backed by the statement of her doctor. Then there's the kids - where's their consideration, we as concerned individuals for our future youth's proper raising and as taxpayers who will be ultimately suffer the consequences of such forced assistance in separations by the law should take precautionary measures to insure that our law enforcement is confident he or she is faced with a 'real' problem of abuse before making the decision to arrest; additionally, that their actions are properly applied by 'law' and being consciously aware of the results that can mean 'homeless' for these kids before 'jailing' a parent which should be the very last alternative. enclosures Distribution: The Honorable William Alexander, Mayor City Council Members of Rancho Cucamonga State of California, Governor Pete Wilson Gary Penrod, Sheriff of San Bernardino County Regina Stephens; Regional Parole Administrator Chino Institute for Men - Board of Prison Terms Bureau of Pdson Terms - Sacramento Mr. Timothy Hughes, Daily Bulletin Mr. Steve Petty, Community Service Depart., County of San Bemardino Helen K. McGowan, Houston Pomona, Ca 91767 February 23, 1998 Mr. Alfred Martinez Jr., Parole Administrator I Department of Corrections 8621 Juniper Avenue, Suite 106 Fontana, CA 92335 Dear Mr. Martinez, I'm in receipt of your letter dated February 10, 1998 informing me of my nephew-in-law's ('Simms~ Headng date and time; not saying that it would have mattered getting it days earlier because of the lack of its content in helping my niece ('Rhonda') or Simms with the procedural steps assisting with or pointing to an agency that could have given me or them legal aide and support as to their predicament; but as you can see on the copy of the post off'me's date stamp on your.envelope I didnl receive your letter until late the aftemoon of the day of the Hearing and sentencing of Simms and because Simms wasnl told he needed to request me by name, we were unfamiliar of the formalities dealing with the process involving the Hearing and without us knowing he needed to list my name on his list thus enabling me to testify on his behalf, I wasnl allowed to attend or speak; and to all of our astonishment, Rhonda was subpoenaed by your department to testify as a witness against her husband. Because my niece and Simms cannot afford to pay for an attorney and although t'm not a lawyer, after we read your answers to my inquiry'of the placement of Simms parole hold, along with the revelation of the vindictive attitude Simms' parole officer has against me, we immediately saw the unjustified ties he and your department has linked to this case that shouldnl be and I~/e suggested to them to ask for an appeal in protest to his sentencing for the excessive and harsh punishment of a year in the State's Penitentiary and seek legal aide. First of all the intelligence, skill and experience of the District Attorney should have been considered and not overlooked when its department dropped the case evidently finding lack of evidence, support, cause, etc.; therefore as shown in paragraph 4 of your letter, reasons to pursue this issue are based-on inconclusive evidence and only to the extent of the arresting officer's report supported with no proof because my niece told the officer she was not injured, unharmed, and didn't want to press charges. Secondly, if the charge of Simms' alleged use of drugs and moving violation wasn't enough cause to warrant his arrest and incarceration at the time he was cited over 2 months before this incident, it shouidnl be thrown in now as a means for good measure and to justify his incarceration noted in the 6th paragraph on page two of your letter. Lastly, I'm amazed as to the influence, unaccountable acts, and power 'one' individual as in this case where the parole agent of Simms upon his recommendation of jail time has been granted his wish, this officer has altered another human being's life without the obvious being realizedl For what other reason would a parole officer have other than 'personal' vengeance to push an issue even when the D.A. expels it! And what about this officer's independent charge of 'spousal abuse' when the alleged victim is objecting and has proof from her doctor she was unharmedl From the beginning as indicated by my niece when Simms was transferred from the L.A. County jurisdiction to this County under this particular officer just a few months ago, for whatever reason he has had a particular dislike for her which she feels has thrown her husband in between the two of them and now upon all indications his dislike has tdckled down and over to me by the revelation of his vindictive comments to my niece when he told her at the Headng ~your aunt's letters to everybody didn't help" and assuming I was still at the front entrance awaiting the results of the Headng asked her as she stopped to retdeve her belongings at the exit, "have they arrested your aunt yet?"; such comments alone should be reason enough for an appeal and order to set this man free and view it as an unnecessary vigorous pursuit by this officer for revenge and now as a means to sooth his wounded ego from being criticized by me backed by this administration's pride not to concede the injustice done to Simms which has resulted with the sacrifice sadly being that of taking a chunk of a man's life along with his unbom child and toddler daughter being depdved of a relationship with their father. Sincerely, ~el n~' ~K~cG~'owan~ STATE OF CALIFORNIA--YOUTH AND ADULT CORRECTIONAL AGENCY DEPARTMENT OF CORRECTIONS Paro{e a,qd Community Services Division Fontana Parole Office 8621 Juniper Avenue, Suite 106 Fontana, CA 92335 PETE WILSON, Gove.~nor February 10, 1998 Ms. Helen K. McGowan, Houston Pomona, CA Dear Ms. McGowan: Your recent letter addressed to Regina Stephens, Regional Parole Administrator, regarding Darrell Simms, E-54467, has been referred to me for response. In your letter you indicated that Darrell was arrested and a parole hold was placed without cause. You also imply that he was arrested by local law enforcement only because of his parole status. I have reviewed the circumstances surrounding Darrell's arrest by the Rancho Cucamonga Police Department and the justification for placement of the parole hold. On January 21, 1998 the Rancho Cucamonga Police Department received a call of a disturbance possibly between your niece, Rhonda Renea Simms, and her husband, Darrell Si~f~Ls. The Rancho Cucamonga Police Officers responded to the disturbance call at which time your niece, Rhonda, stated to officers that she and her husband Darrell had been involved in a physical altercation prior to the officers' arrival. Rhonda further stated that Darrell Simms used a closed fist and hit her on the right side of her face. The officers noted swelling to the right side of Rhonda's face and a small cut approximately a quarter of an inch on her right nostril. Darrell Si~s was arrested and transported to the West Valley Detention Center. Parole Agent Charles Felix was contacted and a PC 3056 hold was placed for alleged parole violations. Darrell Sims Page Two A report has been prepared and submitted to the Board of Prison Terms charging Darrell Simms with Battery on Spouse, Use of Cocaine, and Moving without permission from the Parole and Community Services Division. A hearing is scheduled for February 19, 1998, at 1:15 p.m., at the California Institution for Men-East Facility. I encourage you and your niece to make yourselves available to testify at the Board Hearing. You will be notified via mail provided Darrell requests your attendance. Your interest and concern in this matter is appreciated. If you require additional information, feel free to contact me at (909) 388-7377. greatly please Sincerely, ALFRED MARTINEZ JR. Parole Administrator I Helen K McGowan, Houston Pomona, Ca February 19, 1998 Chino Institute for Men Board of Prison Terms I'm a concerned citizen and taxpayer and feel I'm entitled to answers to questions raised to Ms. Stephens the Regional Parole Administrator and Sheriff Penrod of the County of San Bernardino regarding this case that I have yet to receive. My questions remain however with the additional questions of what was the point of this man's incarceration when there are no charges or witnesses to a crime? What is/was at issue? What do you believe has been accomplished as a result of Darell Simms being jailed? and Who ended up being the true victim here? I believe a miscarriage of justice has veered its ugly head in this case with a show of power that was extreme and not necessary and now the authorities involved are too arrogant and proud to concede this abstract of justice. Over four weeks Darell Simms has been incarcerated on the "suspicion" of a crime towards his wife based only on the report of the arresting police officer (who could have for all we know exaggerated his accounting of the scene to justify the arrest in the first place) over the word of my niece, the 'alleged' victim and the only witness who could truly state the facts as it was! This officer's report has been taken as 'truth' by the authorities even though it was accompanied with no 'charge' of a crime inflicted on my niece, 'witness(es)' to the alleged abuse, or 'history' of abuse. The Sheriff's department and Parole author!ties' actions in dealing and interrupting with this man's life prove my idea that these individuals occupying such capacities have little or no regard for the predicament and effects they can thrust upon innocent people and the 'alleged' victims they're suppose to be protecting like my niece, Mrs. Simms; their 4 year old daughter and unborn child. Not only have they succeeded in breaking up this man's communication and relationship with his small daughter they have successfully contributed to the separation this married couple and have made life miserable for his wife these pass weeks of whom they're supposedly protecting who repeatedly asks "WHY"?? and says at least he was financially contributing by working, and now she's barely making ends meet by rationing food and her telephone and utilities have been turned off which leaves her now borrowing from and living with family until he gets out from under the accommodations of free housing and food provided by us taxpayers so as to meet his obligation in supporting his family (and even though he says he wants to be a responsible parent) the State Prison is ironically forcing and coaxing him into being a "deadbeat dad" standing on the insistence without proof that they are harboring a guilty man! ~,~elen K:.~lcGowan, Hous on P R A N C H O C U C A M O NG A 0 L I C E D E P A R T ME N T February 18, 1998 Helen K. McGowan-Houston Pomona, CA Dear Ms. McGowan-Houston: I receivedyour letter questioning the danztary 21, 1998, arrest of your niece's husband, Darell L. Simms. I have reviewed the case and have determined that the officers followed the 'grate-mandated, laws and Department procedures in affecting the arrest. California Penal Code Section 13 700 requires the Peace Officers to take appropriate action when certain criteria have been met. In the case in question, the arrest was proper and met all of the requirements for a '~nandatory arrest "under Penal Code Section 13700. Due to the fact that the parties involved are both adults, state laws and Departmental procedures of confidentiali.ty do not allow our Department to share specifics of the investigation with third parties such as yourself. I would be more than happy to meet with your niece to discuss the case in greater detail. Your attendance in such a meeting would be permitted with your niece ~ consent. I look forward to hearingfi'om you. I can be reached at (909) 4 77-2885. Sinc~rf~ .D RR ~ ~I; he~ (t~, cHtTZj~ §Calp~ofl ;cfeP~ l ie;a~tm ent RRH.'lrg 10510 ~:VlC CE",~TE~ D:~VE · '~ANCHO CtJCAMONGA. CA 01730 ,~ (009) 477-2800 · r-AX ,oCg~ 47-.28c,z Helen K. McGowan, Houston Pomona, Ca 91767 February 23, 1998 Rancho Cucamonga Police Dept. 10510 Civic Center Ddve Rancho Cucamonga, CA 91730 Attn: Rodney R. Hoops, Chief of Police Your letter dated February 18, 1998 in response to my inquiry cites Penal Code Section 13700 as your reason and approval of your department's arrest of my nephew-in-law ('Simms~; but then after reading this section I can find nowhere as to Simms' case this would or can be applied. This penal code's section defines "Abuse", "Domestic Violence", "Officer", and "Victim" and the only definition that can be associated and applied within the incident of Simms and his wife is the definition of the "Officer". Unless I've totally closedmy ears to what my niece-has been telling me that this incident was merely an overly steamed argument. that she never called or asked for your department's help, my eyes to what the statement on her doctor's notes say of her being unharmed or uninjured and what she said she told the arresting officer that she didn't want to file charges of abuse because she was unharmed and not injured therefore wasn't victimized; furthermore according to her nothing pertaining to this code was even initially considered or under suspicion as shown by the actions of the arresting officer as he was about to walk away saying they couldn't make an invited guest leave until he learned Simms was a parolee at which point the only thing this officer seemed he would listen to is if she filed charges against Simms and if this didn't happen, her insistence of not being harmed was totally ignored. Continuing on, I respectfully differ with your analysis as to my status because not only are these two 'adults' part of my family, but because I'm a concerned citizen and taxpayer contributing to the $tate's budget allocated to pay the Police Department's wages gives me the 'rights to know' and for what reason or why an arrest has been made. Also it is my understanding that there was never an ongoing investigation involved here anyway to claim 'confidentiality' as an excuse to withhold information from my inquiry once the Distdct Attomey dropped the case and although at the time she was desperately seeking help and answers from anyone who would talk to her from your department but to no avail, became frustrated for which is the reason I got involved to assist her but unfortunately for my niece and possibly Simms your invitation to meet with her is received 4 weeks and one day too late after her husband's parole agent's recommendation and the Parole Board's verdict of 'guilty' and sentencing of a year in the State's Penitentiary. Helen K. McGowan,Houston Pomona, CA (909) 621-1981 January 26, 1998 Gary Penrod, Sheriff San Bernardino County Sheriff's Department 655 E. 3rd Street San Bernardino, CA 92415-0061 Be: Darell L. Simms 9801341999 Regina Stephens, Regional Parole Administrator Department of Corrections and Regional Parole Headquarters 21015 Pathfinder Road Diamond Bar, CA 91765 There use to be a time when police officers at least imitated and went through the motions as the letters "Peace Office¢' on the door of their cars indicate when dealing with civil problems and in this case, a marital dispute. However their involvement in this incident has scarred my niece so, that she has vowed she'd 'never' call on them for assistance whether if or whenever she has another unfortunate and unruly dispute with her spouse whatever her predicament or circumstance! Needless to say her comment has me worried and as I looked into the incident I began to see what she meant - a common dispute between a young husband and wife needlessly escalated far out of proportion by the Rancho Cucamonga police and parole agents that brought more of a financial burden and distress to my 8 month pregnant niece than her husband ever could. Living in a complex where fellow tenants wasn't accustomed to loud talking, someone called the police regarding an argument in my niece's apartment. Although not looking fresh from a shower, according to my niece when the police arrived, to them she must have appeared to be injured because the officer in charge, Deputy Beckurn, asked her if she was okay she told them she was 'fine' and 'unharmed' and just see to it that her husband, D. Simms leaves as he was about to do which would allow them both time to cool down. Initially this officer told her that he couldn't tell him this because she had told him he was an invited guest in her apartment, then contrarily turned and instructed D. Simms to empty his pockets and upon looking at his identification learned he was a parolee, my niece said the officers demeanor totally changed as they began to handcuff him; while protesting after seeing the officers put her husband in handcuffs, officer Beckurn told her that her pleads were fruitless and that D. Simms was being arrested by them regardless of her claim that she was unharmed because if they left him the next call they get they may find a 2 x 4 sticking out of her back; then proceeded and took him to jail. Although D. Simms parole officer, Charles Felix was informed of his arrest and incarceration, Mr. Felix didn't bother to place a parole hold on him until three days later, late on that Friday afternoon when my niece (being with me at my house) returned Mr. Felix's call as she gleefully and relievingly told him the good news that her husband had called and had talked to me where he told me and I relayed the message to her upon her arrival that D. Simms had said he had just been told by the officers in charge that they would be releasing him in about an hour and to pick him up. She assumed the D.A. dropped his case because there were no charges brought forth against him and she was on her way to pick him up. Mr. Felix upsetedty told her that this wasn't possible until he investigated the incident of which he hadn't even started; when I saw my niece's expression slump holding her forehead, then making the statement "how can this happen, I'm so depressed" I knew something was wrong, she then asked, "what investigation, no one pressed charges?... I'm fine and unhurt... upon hearing and seeing this I asked to speak to Mr. Felix, he told my niece he couldn't talk to me, saying he needed to review her husband's arrest record and hung up. My niece immediately jumped up and told me she was going to the detention center where her husband was; however, when she returned she was every low in spirit and gloomy, stating to me a parole hole had just been placed on his release. Feeling a need to intervene on my niece's behalf for answers, I called and talked to Mr. Felix stating to him my perception of his investigation and considering the circumstances it should be fairly quick and simple because my niece didn't call neither asked that the police be called on her behalf and with the 2 most relevant questions being answered - "whether she was hurt" and "if she wanted to press charges" being "NO" in both instances then for what other reason other than punishing this man for disagreeing with his wife and a 'show of power' over another's life could a lengthily investigation be for?. Mr. Felix (summing up his words) told me regardless of what I thought he had to investigate the incident and placing the parole hold was part of the process until it was complete; I then asked him since my niece's husband had served so much time behind bars already and since the District Attorney dropped the case and wasn't pursuing the matter, if it would be possible to complete his investigation while her husband was released, he told me this wasn't possible and since I wasn't satisfied with his answers to hold on and talk to his supervisor, Ray Palacio; upon getting on the phone, Mr. Patacio was immediately talking defensively, excited and loud; telling me that the investigation was going forward and that the 'hold' would remain until it was complete, D. Simms will be in jail over the weekend and continuing until the investigation was over, that I wasn't there and I didn't see my niece's appearance as the arresting officer, Deputy Beckurn said he observed and reported that my niece told him her husband had hit her; I asked him if either he or the arresting officer bothered to take into consideration that she repeatedly told the arresting officer but to no avail that she was unharmed and initially upon the officers arrival she was very angry with her husband and her words could have been easily misunderstood; Mr. Palacio then implied that my niece could be arrested if she lied and it was best we both let that notion go; when I asked him how long will their investigation take, he told me that he wasn't sure and something about going to the Board on the matter which could take weeks and that my niece would just have to wait for the outcome; sensing this parole officer was not accustomed to being questioned as to his authority and the Department's standards I asked him why was he talking so angry, hard' and determined? Why was he saying to me he wasn't going to argue with me when I wasn't arguing!? Not only was I not in the position to do so, I was only trying to help my distressed niece get answers and keep her calm, that she and their daughter would be without her husband over the weekend facing possible weeks to come, something he seemed to care less about and would be going home soon himself for the weekend, because of his careless attitude, I accused him of seemingly enjoying this. Mr. Palacio told me "yes, that's right...l'm a free man, I haven't any reason to be in jail and am going right home to be with my family and you can't make me feel guilty either!", he then said he was too busy to talk further on the matter with me or my niece and promptly hung up. Considering women's 'so-called' liberation today in having a voice in matters as to us being taken seriously and our 'civil' rights and regardless of whether my niece's husband was on parolee or not, this whole ordeal of her not being heard or believed has angered me and has raised questions I consider serious and should be addressed, questions such as: Why can't the authorities balance a situation such as this without taking it to extremes? Why has my niece been portrayed as too weak for her word to be believed when she told the authorities she is unharmed? Why lump all cases dealing with the 'SUSPICION' of spousal abuse based on "one" infamous case whose death to this day can't be proven was done at the hands of her ex-husband anyway? Why did officer Beckurn press forward with an arrest regardless of her claim that she was unharmed just because she 'appeared to him' to be hurt? not only did he not believe her, he proceeded to treat D. Simms as if he had no right to even be considered innocent once he learned he was a parolee. Can't the police be called out nowadays to just make 'peace' in a marital dispute? a. my niece told the police that she was unharmed and didn't want to press charges 'BEFORE' they handcuffed her husband. b. my niece didn't call for help; but since the police was there all she wanted in her thinking was to make sure the steamed argument remained diffused, therefore asked the police to stick around because he was about to leave anyway - I mean isn't this what a 'peace' officer does or should do? JAil shouldn't have been the only option in this case - this young couple only sees this as a marital dispute and has only been deemed as spousal abuse in the eyes of officer Beckum - not only does her husband want to be, but her unborn child needs to have its father around when he or she is born~ To me the D.A. made a logical, proper and educated move which saved much time and taxpayers dollars by recognizing these major facts in this case: a. no history of spousal abuse, no claim of spousal abuse no witnesses to spousal abuse and no charges of spousal abuse had been made; b. the million dollar question here is - WHAT IN THE WORLD IS IT THAT PAROLE OFFICERS MR. FELIX AND MR. PALACIO HAVE TO INVESTIGATE!!?? The only investigation I can see them doing will be wasting taxpayers dollars with a man behind bars who has no charges against him and can be using this excess time by earning a living for himself instead of being served 3 meals a day at a State Prison wasting more taxpayers dollars! IT IS MY OBSERVATION THAT THE PARANOIA WHICH HAS DEVELOPED WITHIN THE WALLS OF OUR LAW ENFORCEMENT IS THAT OF NOT UNDERSTANDING AND USING LOGIC WHEN DISCERNING A MARITAL DISPUTE FROM THAT OF A TRULY CONSISTENT AND ABUSIVE CASE. WOMEN SUCH AS MY NIECE WHO HAVE BEEN SUBJECTED TO SUCH 'RUDE' INCONSlDERATION BY OUR LAW ENFORCEMENT BY NOT BELIEVING HER SEE THEMSELVES NOT ABUSED BY THEIR HUSBANDS RATHER VICTIMIZED BY OUR AUTHORITIES AND CONSEQUENTLY WILL END UP WITH THE AUTHORITIES DOING MORE HARM TO THEM THAN GOOD! AFTER THIS MISERABLE ORDEAL FOR MY NIECE OF WHOM I'M SURE ISN'T THE ONLY ISOLATED FEMALE WiTH THIS TRAIN OF THOUGHT (after witnessing this, I have reservations) HAVE VOWED TO NEVER CALL ON YOU FOR HELP IF NEEDED! THE IMPORTANT FACTOR HERE IS ~WOMEN NEED TO BE BELIEVED" BEFORE OUR AUTHORITIES CAN EXPECT US TO TRUST IN OUR SYSTEM OF LAW AND 'ORDER', THE ONLY TIME I CAN IMAGINE OUR WORDS BEING TAKEN LIGHTLY OR DOUBTFUL IS WHEN A PERSONALITY SUCH AS BEING 'WEAK' OR 'SCARED' ARE EVIDENT TO THE OFFICER IN A PARTICULAR SITUATION WHICH SHOULD PROMPT AN ALERT, EXPERIENCED OFFICER AT THIS POINT TO ACT ON HIS OR HER BETTER JUDGEMENT OR 'AS IT APPEARS TO THEM'. WHEN SHE SAYS SHE'S NOT HARMED OR IN IMMEDIATE DANGER THERE'S NO REASON TO ARREST HER SPOUSE! THIS OFFICER SHOULD HAVE BELIEVED HER. INSTEAD HE BECAME ANGERED AT THE IDEA THAT SHE CAME TO HER HUSBAND'S AIDE AND THREATENED TO BOOK HER~ SETTING A STANDARD FOR OUR LAW ENFORCEMENT TO OVER- LOOK THE WOMAN'S ACCOUNTING OR NOT ACKNOWLEDGE HER INTELLIGENCE TO EVALUATE A PARTICULAR INCIDENT OR SITUATION AND RELYING ON THE OFFICER'S OPINION OF "WHAT APPEARS" TO HIM INSTEAD, SENDS THE MESSAGE OF A "MACHO" TYPE LAW ENFORCEMENT TO US THAT WILL MOST LIKELY ALTER OUR DECISION EVEN TO CALL FOR HELP; SUCH A HABIT CAN EVEN- TUALLY RESULT IN FAR MORE DAMAGING A PREDICAMENT FOR US WOMEN. OUR FEAR FOR OUR LOVE ONES' POSSIBLE BEING 'RUFFED UP', MISTREATED, OR JAIL TIME FOR SOMETHING WE CONSIDER MINOR BUT THE OFFICER VIEWED AS 'ABUSE' AS IN THIS INCIDENT, THEN GOING THROUGH ALL THE 'RED TAPE' TO GET THEM OUT- AFTER ALL WHY HAVE THE AUTHORITIES AROUND TO MAKE OUR SITUATION MORE COMPLICATED OR WORST!! TO US THE PROBLEM WILL BEST BE RESOLVED IF WE JUST TOOK OUR CHANCES WITHOUT THE AUTHORITIES BEING NOTIFIED, ,AND AGAIN - THE END RESULT COULD PROVE TO BE A GRAVE MISTAKE. SO AS NOT TO BE MISUNDERSTOOD, WE AS TAXPAYERS NOT ONLY APPRECIATE BUT RELY ON THE LAW TO PROTECT US AT TIMES OF NEED, · MOST IMPORTANTLY TO KEEP "PEACE" AND WHEN POSSIBLE HELP US IN OUR PREDICAMENT "TO KEEP OUR MARRIAGES AND FAMILIES TOGETHER" JUST BY PROPERLY USING GOOD PROFESSIONAL LOGIC AND DISCERNMENT WILL HELP OUR SITUATION WHICH PROMOTES A SENSE OF TRUST; AGAIN, TO BE EFFECTIVE, THE OFFICER SHOULD OBSERVE AND ASK HIM/HERSELF THESE QUESTIONS - DOES THE 'ALLEGED' VICTIM APPEAR WEAK OR SCARED OF THE SPOUSE WHEN HE/SHE CLAIMS TO BE UNHARMED? IS THE COUPLE DIVORCED OR SEPARATED? IS THERE ANY HISTORY OF ABUSE BY THE SPOUSE, A PATTERN, ETC..? AND IF SO, WELL THEN, BY ALL MEANS GET "MACHO", ACT ON THE INDIVIDUAL'S BEHALF AND PROMPTLY; BUT ON THE SAME TOKEN, ACT JUST AS PROMPTLY AS I SEE SHOULD HAVE HAPPENED IN THIS CASE AND NOT WASTE OUR TAXPAYING DOLLARS WHEN CLEAR TESTIMONY POINTS AWAY FROM REASONS TO ARREST RATHER TOWARDS HANDING THEM A REFERRAL FOR MARITAL COUNSEMNG. THE LAST THING AN OFFICER SHOULD DO IN MARITAL DISPUTES IS HASTILY SEPARATE DADS FROM THEIR CHILDREN; IN THIS CASE, THEIR 'STEAMED' ARGUMENT IN ITSELF INDICATES A SIGN OF POSSIBLE SEPARATION AND THE AUTHORITIES INVOLVED SHOULDN'T BE ALLOWED TO BOOST THE PROCESS BY 'JAILING' THE HUSBAND ESPECIALLY WHEN THE WIFE DIDN'T CALL THE AUTHORITIES IN THE FIRST PLACE! Helen K. McGowan, Houston c: Parole Officer: C. Felix Superv. Officer: R. Palacio Superv. Officer: Sgt. W. Hunt Helen K. McGowan, Houston Pomona, Ca .Iqr~ll~r'/22, 1998 ORIGINAL POOR QUALITY Sheriff's Lieutenant' ~,qrd~no County Sheriff's Dept. Center Drive Cucamonga, CA 91730 Dear I_t Lau. I've been told and even know from my own profession that some jobs require us to detach from getting personally involved or allowing others to interrupt our work schedule or routine because of another's situation or particular problem. Unfortunately this type of understanding gets easy misconstrued with some workers therefore they feel justified when they display ~cts of rudeness and unconcern towards undeserving individuals such as I whether intended or not. There are times when we all have a given day that may have been particularly long and all we just want to do is punch our time out for that day and leave regardless of what problem or situation someone comes in with as demonstrated by Sgt. W. Hunt of whom was my intended to inquire with. And although I wasn't particularly bothered with the coldness of the front desk clerk, I did think it was unresponsible and rude for Sgt. Hunt not to speak with me after the clerk informed him at about 3:55 p.m. (Wed., 1/21) of my wait in the lobby; then she herself not following up on his hang-up after she placed him on hold to answer another call, when I asked her about this she sternly told me she "assume" he'll be down and to go and have a seat. After this clerk left the area with me waiting for over 15 minutes I asked another clerk to contact Sgt. Hunt only to be turned down by him saying to the clerk to tell me that he was off duty and come back the next day between the hours of 7 a.m. - 4 p.m.. Now I'm not knowledgeable as to rank in your department and the level of a lieutenant as compared to a Sargent; howaver I commend you Sir for your evaluation of my frustration and for skillfully diffusing my anxiety by consenting to talk to me regarding the incident of my distressed 8 month pregnant niece, and showing compassion by recognizing my attempt in trying to calm her down with answers from an arrest of her husband she told me she couldn't understand. You also promptly followed up my inquiry as you promised me you would by looking more into the matter and called me back early the next day with details and answers. Although you or your constituents and colleagues may look on this incident and say "big deal" 'you were only doing your job'; to me you went way pass your duty especially on this particular day if for no other reason than for exhibiting proper teamwork; a reminder to us all that in some cases we're dealing with very delicate emotions and in this particular instance with you being able to assure me you would look into the matter for improper procedures, I was able to calm my niece of whom was in such a frame of mind could have easily began contractions with the threat of an early birth and losing her baby. Such an impression undoubtedly reminds and encourages me as it should others to weigh and discern people and incidents individually and amicable, you'll never know if or when your turn will come; this experience will certainly benefit the individuals I deal with in my profession! c: Gary Penrod, Sheriff GARY PENROD, SHERIFF January 29, 1998 Helen I~ McGowan, Houston Pomona, Ca. Dear Ms McGowan: Thank you for your lettex complimenting Lieutenant David Lau for showing compassion and diffusing anxiety by taking the time to talk, and tO deal with delicate emotions. It's a great feeling to receive recognition for a job well done and I have placed a copy of your lette~ in his personnel file. Lt. Lau is an exceptional representative of the San Bernardino County Shedff's Department and I'am proud to have him on the team. I appreciate you taking the time to write! Best Regards,/,~ GSP:lg SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT 655 East Third Street · San Bernardino, California 92415-0061 Post Office Box 569 · San Bernardino. Californ,a 92402-0569 Rex Gutierrez, 11021 Carlow Court, comments from City Council meeting of 3/4/98: 1. See attached list of graffiti items. 2. On Foothill Blvd. A City crew should drive on Foothill because of all the graffiti mostly on curbs, utility boxes, telephone poles, etc. 3. He felt an Eagle Scout project would be to go through the utility poles in the City and clean off the markings and put a protective coating on it so that it could be easily cleaned for the future. 4. He stated a sign at Milliken and Highland is down and needs to be repaired. 5. He stated a resident called him stating his daughter was in an accident at Haven and Base Line, and that Steve's towing was at the scene to tow the car away. He stated the father was concerned about the towing charges being too high. He felt this should be checked out. 6. He stated a resident had inquired, who lives near 19th and Beryl, and that there is a house near there that has several domestic animals and equipment stored there and that the resident wondered if Code Enforcement could look into this for any possible violations. 7. He stated there is a problem near Haven near Church in the mornings around 7:20 to 7:30 a.m. He stated kids are running to an island in the middle of Haven and then waiting for cars to run again on their way to Coyote Canyon Elementary School. He stated they live on the west side of Haven and the school is on the east side of Haven. He stated he did not know if there was a cross walk there or if it was an appropriate place for a crossing guard. He felt this should be looked into and possibly talk to the parents of the kids. 8. He wanted to remind the Council about the possibility of using affordable housing, low income housing, instead of apartments, and possibly making a mobile home park with affordable housing dollars. He stated this would benefit senior citizens. 9. He wanted to make sure the "group home problem" is pursued through legislation and monitored through the City as Claremont has done. 10. He stated there is a group of residents that he left a petition with earlier that do want a wall put up on their culdesac which will not let strangers in. He stated this is on Fordham Court. 11. He stated he and Mayor Alexander had previously been on a task force that dealt with zoning and high density issues, and wanted to make sure that this is not forgotten. He stated the northeast comer of Lemon and Highland was going to be one lot and would be residential instead of apartments. He felt this should be followed up on and not forgotten. 12. He stated there was a resident on Mignonette who had a concern about the traffic between Hellman and Amethyst because two children had been hit by cars. He was hoping the staff had got a resolution to this since it was previously being investigated. 13. He stated Aubrey Campbell had a concern at the end of his street with an empty lot where young people go after robbing different places to the apartments through Grove to put their stash. He felt this empty lot should have a fence that would prevent them from throwing things over. He added Duane Baker is looking into this. 14. He stated there are some residents on Antler Peak Court that are still hoping the City can help them with a home that has really loud music, dirt bikes being driven all over the yards and driveways, and dogs barking late at night. He asked if something could be done to resolve this. 15. He stated there is a bad Code Enforcement problem with someone leaving their work truck in the from yard. He would be leaving information on this. 16. He stated the RV issue should be looked at making it permissible for someone to leave an RV overnight on the street so they can load and prepare it for the trip. 17. He stated there was an accident on Carnelian, south of Base Line where the curve is, he felt possibly something should be done to straighten the curve out so that lives are not lost. 18. He stated with baseball season starting up he felt it was a good idea to let Rochester be opened after a time when the game starts and then close again when the game is ending. ORIGINAL ~.~00:~ QUALITY ORIGINAL POOR QUALITY ORIGINAL POOR QUALITY ORIGINAL ORIGINAL POOR QUALITY ORIGINAL POOR QUALITY ORIGINAL POOR QUALITY ORIGINAL POOR QUALITY ORIGINAL POOR QUALITY CITY COIl ~N('iI,,.'¢.'OMMISS[~_~N SI-:RX/ICE CONTACT FORM REOt ~%'.'i.! i~ !~ '~' i ~i~me Williams, Mayor Pro Tern ORIGINAL POOR QUALITY STA. Ft:' {'c.~'x~'i ',C'F:'I'I FI.t:.: William ~I O'Neil. City Fngineer Reques?: t(~:3~,:icnt ,,r Mignonette Street concerned about cross traffic between |4eitmat.~ and Amelhy sl. l~;dicated treat two children have been hit by cars, is there any~hing that can be & me ~tth signs to, faust: ,lri ¥¢rs' awm'eness flint children are present'? Forwarded t<',r ,:,Or m to: Jim Hm'ris, Associate Engineer. Traffic Management Traffic m:mage,,,nent staff is investigating this concern and will tbllow up widen completed. ORIGINAL POOR QUALITY CITY COU.NClL/COMMISSION SERVICE CONTACT FORM Date: Ap~'i! 28, 1997 By Rex Gutierrez, Councilmember Reque!t Shirr'] Griffin, Office Specia]is~ II Staff Co.meritS: Property at southernmost end of Sierra Madre requires ProperLy r~aintenan:ce- Empty Ior_ where fence needs repair, trash, graff~ ~r~,:J ]ener,:t~ ~ack of upkeep. NC}Ti~' {:ode Lnforcemen~ inspected ~he area and identified the · Foliowin9 3 addresses where vio}ations were found- ~819 Sierra Madre ~837 (~rove/Rancho Verde Village .~3Z1 Main Street Forwarded Code Enforcement ^~.T~..,~ :~;~19 SIERRA MADRE Code Enforcement contacted the resident to t. ne vatant lot regarding cle~-nLi]p of their proper~y and re~air of' {he <hain link fi;nce,. The actual "vacant lot" a~ the end of :.~e sl:ree~ has weeds will .~e c..~[ during ,-~nnual Weed Abatement, however m] Qther "maintenauce'~ required ,~or vacan~ land. Next update' 05/~o/~r~{~jf, ORIGINAL POOR QUALITY address sigmature ORIGINAL POOR QUALITY :~c. we the resldents who live in the Antler Peak Court cui 4e sac. would like help in solving the proble~s stated above.. We are all concerned with the actions of the occ~Dant~ at this residence. We hope you all wlli come u9 w~th the best solution, so that all of us in the cul de sac c~n have 9eace of mind and the quiet neighborhood whic~ we o~'igl. naliy had before their arrival. The following residents that live in this cul de sac are concerned with resolving the above matters. Name address ORIGINAL POOR 4 /1 ~ / 9 '/ Antler Peak Court Cul De Sac residents Rancho Cucamonga, Ca. 91737 The homeowner of 11881 Antler Peak Court The Superior Management Office City Council Members Police Depart~ent Members A~limal Control Departnaent We the residents who live on the Antler Peak Court ~ul de ~ac for the last two years have been putting up with the nuisance a~d irritation fr~ the occup~uats at 11881 Antler Peak. Here is a list of the following problems we have been facing at this residence. 'L. ~A~.1¥ 1OUd~%~liC,. played at times du~ing t~ day and night. O~casionally, it is loud pass 10:00 P.M.j which is illegal in Rancho Cucma~nga, and the residents ca~z~ot have ~=o~er rest to get reedy for d~y work. During the day, it is extremely hard for the babies to sleeD, for c~l~ren to take n~s, and for people who work n~ghts ~o slee~. This noise is ~efinitely an annoyance. 2~ P~r~_b$ke~ being ridden by a minor occupant up and down our street and on t~e sidewalk and occasionally in resi.de~~ driveway, is a bi9 concern to us. We don't feel our chicken are sa~e playing in the yard, while dirt b~kes are Deiz~jridden by irresponsible minors. We also don't Like t~/:.e~tremely loud noise that the bike.s ~akes. We also ex~rea. ei.'~ncezn for the minors riding the bike up and down the street at excessive speeds. .5.. ]~.,h~.._~_~ at this residence has also been a nuisance. The dogs bark during the day and seem to continue through the n~ght~ It is very annoying for those of us who work 'kent .~ours and have to get up early. It is definitely ORIGINAL POOR QUAUTv tiara is the name of the owners of the property located on 6416 Eagle Peak Place- David and Emily Liu [41 I Joel I lacienda Heights Phone (909) 598-7534) l'he current renter, Carlos Herrera, has not maintained the property and has continued to violate city ordinances by parking his vehicles into the tmekyard. Since the first violation from the City, it wasn't very. long before he returned to his old ways and parked his vehicles over his landscaping. My noighbors have put a re.qtraining order on him due the amount of vandalism that was occurring to their property.. The police have been contacted numerous times, but they cannot do anything. This guy is a profess,real, he has been through this before and knows exactly how to get by the laws. The latest incident occurred to one of my coworkers who parks her car in from of by neighbors house. The renter, Carlos Horrors, rear ended the park car with a U-HAUL track. When my coworker took her car into the shop to get an estimate, the mechanic told her that her brake line has been severed by a U- ' ~,I~AUL rope. She has contacted the police, and he mentioned that this may be. 11rounds for criminal prosecution since somebody may have been killed by his act of vandalism. This is currently under investigatmn and we will be t. iiking to a pollen detective this Wednesday. Please pass the name and address of the owners of this house to the proper authori1~es that handle code enforcement. Do not send anything to the house on 64~6 EaSe Peak Place, he will try. to cover the problems before the owner hears of this. ! believe the only solution to have this person evicted is fi)r the City. to'contact the owners of the property, and have him deal directly with ~'he renter. Mv neighbors have spoken to the owners of the property, and the owners have taken a hands off approach to the situation. They believe as long as ~bey get their reut check, they have no obligation to the community. The owner o~ the property does not want to hear of any problems with that house. Please have code enforcement call the owners of the property.. I believe that we will get results if this situation is handled appropriately. Thanks, ~-', t v Couuc~.l Membeu o~ Rancho Cucamonga ':..~ ~: ~q~,~ 8!]7 q.~ftr]~,.O ?t.~calTtOI~._ct;a, ;/~t. 91729 ORIGINAL POOR QUALITY W,;~ ~he ~'esidenrs who live on the Antler Peak Court: de sa~c., would like you as our City Counc~ Me~er ~:o help t~,:, resokv't. nq tth. i:~ majoc pzoblem. We the residents have ca,'led ,-'~q~.:~ ?nkice department numerous times, the officers come ,.~- .~,-~:~c~hb~3rhood, but the officers have done nothing. ~a',e .'.,n~.~ght une mi!ior riding the dirt bi~2e on the ~.~:~lewa. 3 ~'~u~: r'f~,~J not t~cket him [or ~he violation. We the ~e~t~ t'.h.~t [',ol~ce of~i. ccr~:~ did not handle the 'problems ?r'ope[ way' lrt z~e [i~st place; and 'indirectly [oLd ,"ccupat3[s it [.s O,K to do so. There~or'e, the occupants at ~%:~8'[ Antler Peak Court continually repeaK the:~r act~.ons desc~:'..Lbed tn the attached letter. We the re~id~t's of Ant.]~er ?eaK Cot~rt would like to thank ych in adva~'~ce ~-~,~o ', ~.'lr:,q these problems. i{ome,q~wr]e,t' :.:; p.hone ,~: 909-861-9548 {home) 909-396-7756 (work & fax; .;u;>e!.-i.,.u'u man~gement offSce's phone ~: 909-391-6310 ?.;c~ rE,Are diSCussed t.qe:.~e maE [ers with t-he owr~e~:' ,~3c:~3o ~ ~ ~-tnd ~:l~e management company of t'he property' n.umerc>us t. ime? '~hey ,2o not care a~. all.. ORIGINAL POOR QUALITY home b~-~ j_rlg i D. a [ I_oo(~ 'xo~o. -~inc~-~ response, I decided :~ write ~,0o(i ] nsul','ifl,::e. ] Li ve.~ ,:: ~ 0508 f}eerf.ke.L:J re,:i~'[ze Ilha't. yo,i and the othe:~ city '_d.Lr~g m:)u'e parks or beaut.i~ics[:zon .! une .3, 199'7 96;i0 R am'he Ct:camonga. CA 91 ~aO Dear' Mr Mayor & Council Membcr~: ORIGINAL POOR QUALITY We w~,,4tk:t t~ke to address city ordinant:e. ~t 13 R.C.M.C. 10.o4.030, regarding parking R ;"'~ between the hours of 2'i00 A.M. und 6:0t) A.M. We haw: received a citation tw{~ t~rnes and wdl probably receive more, which concern:s us. We store ~,ur R V elsewhere, and have to pick it up in advance to load up and prepare for :~ tr~p ,at exitrifled vacation. Our weekend Irips require we have our RV in ~ront our hom,c {,vemight, but our extended vacations consisting ~>~ a week or two, require httle m,,re Oatking and preparation and in turn reqtfires that pier RV s~ay m front pt otir home ic~r. clay ()r two., We travel with many people from different cilies. l-ro~n Burbank. West Covma. Brea. ,;[c. rhe,:' have eac~ told us that their c tries have d i i femur ~ miinances. but none tike Rancb,~ <';~scamongas'. Some cities allow ov~ ,~igF. z parking. some allow ;lp to thru, another ,11t~ws any number of days. btit with :, ')et':rllt. Our question is. why dm, sn ,,~iv have any such ordinance'? tt seems ~mfair to be ticketed eac~ lime we go on a t )~xr in~en,t~'~ ts not to store our RV on the street: tmr only intention is to p~ck and be ~ce~ared {or :m early departure the next day. We have nei,~.hbor's thin have RV's have a~s,) been dcketed for overnight parking on the sweet. We each ~ave ~he same <-(mce~ We have no other means to prepare for a short trip or a vatanon an~ hope illlit v(,u cal~ understand our situation. !And personally. we feel that storing an ,R~' ~ro,l yard <)r driveway is much tnore an eyesore th;~ ,'wemigl~t parking by a ademavx. c for the benefit of the many residents ~hat may be havina a similar problem '!'hank v,,~ }~r vour tilne and Dias ORIGINAL POOR QUALITY ORIGINAL POOR QUALITY Wc the' Residents of I;ordham Couri, in lhe city of Rancho (uca'mon~. mq~st lhal the ~'~v or ~s engmecr~ complelc the ~l~k Wall of the fio~ channel at the c~t of fordham t o,m We d~d that the city mpla~ the existing R~ !r~ f~ w,th a compiclcN We the t-te,~,~d~,nts are confiden! that this l~1ock Wall will reduce the Burghu'l¢s, [ otterrag ao~se d~sturt~cs as well as all other crim~ which accesses ~lself through this opening the t'lot~t cha~,net onto our ~treet', 2ITY COLff-4CIL/COMMISSION SERVICE CONTACT FORM - ---'--' ~- ", DATE: ~ ~gu...t 4. 199'7 ORIGINAL POOR QUALITY REQU[-!STI!D }~,Y' Rex {)utierrez, Council Member STAFF CON'['/~,~i'T/TITI. t!: William J. {)'Nell, City Engineer Request: At the erst of Fordham Court, there is an opening to the flood controt channel and residents are asking why this opening is there when such openings are not tBund in other cat-de-sacs in the area, Please mves:tigate. Forwarded Ira' Acmm to: William J. O'Neil, City Engineer Staff will investigate this issue and respond accordingly. Follow .U *~~; Engineering staff conducted a field investigation and. map rewew o{' this Fordham Court has access to the Deer Creek Channel at the end of the cul-de-sac. ']['he Platming l~ertt in.diente~:this is not the only cut-de-sac in the area with channel access, thexe are cul-d¢-,~mt~ and .elx4~ts on both sides of Deer Creek which were developed in order to provide similar access to the. rec~,euationai trail. A project to design and construct a pedestrian bridge over Deeer Creek Channel is included in the FY 1907/98 Capital Improvement Program. Reasons for loca~'mg an access to the channel here include the t~ct that there is a storm drain connection to the Channel going through Fordham Court. At the time of development, the City accepted the Io*. at the end of this cul-de-sac for open space, trail, drainage.. and public utility purposes to provide access m the recreational trail and because of the convement access to [he s~orm drain t~c:ilities and chaxmel. _.2 ORIGINAL POOR QUALITY SECTION I: FIRE CAPTAIN FIRE ENGINEER FIRE FIGHTER SALARY SCHEDULE AS OF JULY 1, 1997 ADOPTED AT THE Mar. 4 th, 1998 COUNCIL MEETING FOR SUPPRESSION AND INSPECTION PERSONNEL A B C D E LOCAL # 2274 17.56 18.43 19.36 20.32 21.34 1,966.24 2,064.55 2,167.79 2,276.17 2,389.98 4,260.19 4,473.20 4,696.86 4,931.71 5,178.29 14.94 15.69 16.48 17.30 18.16 1,673.65 1,757.34 1,845.20 1,937.46 2,034.34 3,626.25 3,807.56 3,997.94 4,197.84 4,407.73 13.18 13.84 14.53 15.26 16.02 ,ovm. v 1,476.04 1,549.84 1,627.34 1,708.70 1,794.14 ,;.wrydorY 3,198.09 3,358.00 3,525.90 3,702.19 3,887.30 Mo~rnrrY HAZARDOUS MATERIAL PREMIUM PAY CAPTAIN HAZARDOUS MATERIAL PREMIUM PAY ENGINEER I INSPECTOR HAZARDOUS MATERIAL PREMIUM PAY FIRE FIGHTER 18.46 19.34 2,067.96 2,166.27 4,480.571 4,693.58 15.85 16.60 1,775.37 1,859.05 3,846.641 4,027.95 14.09 14.75 1,577.76 1,651.56 3,418.481 3,578.38 20.26 21.23 22.25 2,269.50 2,377.89 2,491.69 =~-w~a~v 4,917.241 5,152.101 5,398.67 ~o~-r-,~v 17.38 18.21 19.07 ~or, m.v 1,946.92 2,039.18 2,136.05 m-w~m.v 4,218.331 4,418.22 4,628.11 15.44 16.16 16.93 1,729.05 1,810.42 1,895.86 3,746.281 3,922.581 4,107.69 FIRE INSPECTOR 14.94 15.69 16.48 17.30 1,673.65 1,757.34 1,845.20 1,937.46 3,626.25 3,807.56 3,997.94 4,197.84 18.16 2,034.34 4,407.73 PARAMEDIC STIPEND ONLY EFFECTIVE 7-1-97 PARAMEDIC 2.31 2.31 2.31 2.31 258.46 258.46 258.47 258.46 560.00 560.00 560.00 560.00 2.31 258.46 560.00 EXHIBIT 'A' Sala~ Schedule includes classification and compensation data subject to successful completion o1' a pedormance ap13ra~sai A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA SUPPORTING MEASURE X - GENERAL OBLIGATION BONDS FOR THE CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT WHEREAS, the quality education of our children is the key to the future of our community; and WHEREAS, as the three high schools in Rancho Cucamonga age and as the population of the City increases there is a great need for capital improvements from improving outdated electrical and heating systems and updating science laboratories for today's academic needs to replacing portable temporary classrooms with permanent ones and upgrading emergency communications systems; and WHEREAS, Measure X is a general obligation bond that would provide the funds for much needed improvements to all three high schools in Rancho Cucamonga; and WHEREAS, Measure X would also provide the funds necessary for a new high school to be built in Rancho Cucamonga to serve the growing needs of our community; and WHEREAS, without the support of the community, the resources necessary for these improvements are simply not available and the likelihood of receiving matching state funds is decreased. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga does hereby support Measure X, the general obligation bond measure of the Chaffey Joint Union High School District, to fund needed capital improvements in our local high schools and to construct a new high school to serve our community. P.O. Box 5 Elk City, OK 73648 DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT March 4, 1998 Mayor and Members of the City Council Jack Larn, AICP, City Manager William J. O'Neil, City Engineer Mike Olivier, Senior Civil Engineer APPROVAL OF A RESOLUTION AUTHORIZING THE EXECUTION AND SIGNING OF AN AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, CONCERNING THAT PORTION OF 1-15 FROM 4TH STREET TO SUMMIT AVENUE RECOMMENDATION It is recommended that the City Council approve the Resolution authorizing the execution and signing of the agreement between the State of California, Department of Transportation (Caltrans), and the City of Rancho Cucamonga concerning 1-15 from 4th Street to Summit Avenue. BACKGROUND/ANALYSIS When I-15 was constructed in the 1970's, agreements were executed between Caltrans and the County of San Bernardino covering such items as closing and/or relocation of streets, construction of frontage roads, and other construction affecting County streets. However, when the City was incorporated, agreements concerning these issues were never executed between Caltrans and the City. Caltrans recently opened bids for State Route 30/I-15 Interchange, work along Highland Avenue westerly to Etiwanda Avenue, and work at Summit Avenue and 1-15. To keep this Route 30 Freeway work on schedule, Caltrans would like to award the contract on March 5, 1998. However, before Caltrans can award the project, said agreement between the City and Caltrans must be executed by both parties. The subject agreement is a standard agreement often executed between Caltrans and local agencies and covers issues such as closing and/or relocation of City streets, construction of frontage roads, right-of-way acquisition, and title and maintenance of roads, etc. Staff and the City's Attorney have reviewed the agreement, and it is recommended that Council approve said agreement subject to the inclusion of the following indemnification clause: "In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an Agreement as defined in Section 895 CITY COUNCIL STAFF REPORT I-15 FROM 4TH STREET TO SUMMIT AVENUE March 4, 1998 Pafe 2 of said Code, the parties hereto as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said code, will each assume the full liability imposed upon it, or any of its officers, agents or employees by law for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above stated purpose, each party indemnifies and holds harmless the other party for any loss, cost or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The rules set forth in Civil Code Section 2778 are hereby made a part of this Agreement." City Engineer WJO:MO:sd Attachment RESOLUTION NO. 98-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY AND THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, CONCERNING THAT PORTION OF I-'15 FROM 4TH STREET TO SUMMIT AVENUE WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration and execution an agreement covering issues such as closing and/or relocation of City streets, frontage roads and maintenance of roads adjacent to 1-15 from 4th Street to Summit Avenue; and WHEREAS, to assist Caltrans in the award of their proposed State Route Freeway, it is in the best interest of the City of Rancho Cucamonga to enter into said agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, DOES HEREBY RESOLVE AS FOLLOWS: Approve the execution of the easement between Caltrans and the City regarding streets adjacent to 1-15 from 4th Street to Summit Avenue. 2. Authorize the Mayor to sign said Agreement and direct the City Clerk to attest the same. PASSED, APPROVED, AND ADOPTED this 4th day of March, 1998. AYES: Alexander, Biane, Curatalo, Williams NOES: None ABSENT: None ABSTAINED: None William J. Alexander, Mayor CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: TO: FROM: BY: SUBJECT: March 3, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager~---~ William J. O Neil, City Engine Mike Olivier, Senior Civil Engineer AGREEIVIENT BETWEEN THE CITY AND THE STATE OF CA!,IFORNIA DEPARTMENT OF TRANSPORTATION. CONCERNING 1-15 FROM 4TH STREET TO SUMMIT AVENUE Today we received a letter from the State Department of Transportation (Caltrans) urgently requesting execution of an agreement between the City and Caltrans for that reach of I- 15 within the City which is between 4th Street and Summit Avenue. When I-15 was constructed in the 1970's, agreements were executed between Caltrans and the County of San Bernardino coveting such items as closing and/or relocation of streets, construction of frontage roads, and other construction affecting County streets. However, when the City was incorporated, agreements concerning these issues were never executed between Caltrans and the City. Caltrans recently opened bids for State Route 30/I-15 Interchange, work along Highland Avenue westerly to Etiwanda Avenue, and work at Summit Avenue and 1-15. To keep this Route 30 Freeway work on schedule, Caltrans would like to award the contract on March 5, 1998. However, before Caltrans can award the project, said agreement between the City and Caltrans must be executed by both parties. The agreement covers issues such as closing and/or relocation of City streets, construction of frontage roads, right-of-way acquisition, and title and maintenance of reconstructed roads, etc. It is the standard agreement Caltrans uses for freeway work affecting local agencies. If Council concurs with staff's recommendation and approves said agreement, it is recommended that the mayor sign all three (3) agreements, and the resolution the night of passage or early the next morning. This should ensure that Caltrans can award the Route 30, Segment 6 construction contract by March 5, 1998. City Council has to address this issue as an urgency item. The City Attorney will advise City Council about this procedure. This item was agendized by the request of the Mayor. WJO:MO:sd cc: Rick Gomez Debbie Adams 8-SBd-15-KP 4.83/15.45 (PM 3.0/9.6) On Route 15 in the City of Rancho Cucamonga from 4th Street to Summit Ave 08303 - 204301 FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this day of , 1998, by and between the STATE OF CALIFORNIA, acting by and through the Department of Transportation (herein referred to as "STATE"), and the CITY of Rancho Cucamonga (herein referred to as "CITY"), WITNESSETH: WHEREAS, the highway described above has been declared to be a freeway by Resolution of the California Transportation Commission on June 26, 1962; and WHEREAS, STATE and COUNTY of San Bernardino have entered into a Freeway Agreement dated July 2, 1973, and a Supplemental Freeway Agreement dated February 24, 1975, relating to that portion of State Highway Route 15 from Riverside County Line to Route 194 (new Route 215) near Devore. WHEREAS,- CITY has subsequently annexed certain areas including portions of such freeway covered by said Freeway Agreement dated February 24, 1975, with the COUNTY of San Bernardino; and WHEREAS, a revised plan map for said freeway has been prepared showing the proposed plan of the STATE as it affects streets of the CITY; and WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of said freeway; NOW, THEREFORE, IT IS AGREED: 1. This Agreement supersedes those portions of said Supplemental Freeway Agreement dated February 24, 1975 and Freeway Agreement dated July 2, 1973, located on Route 15 between 4th Street and the proposed Summit Avenue Interchange as they pertain to the CITY which was incorporated after February 24, 1975. 8-SBd-15-KP 4.83/15.45 (PM 3.0/9.6) 2. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local streets, and other construction affecting CITY streets, all as shown on said plan map attached hereto marked Exhibit "A" and made a part hereof by this reference. 3. STATE shall, in construction of the freeway and at STATE'S expense, make such changes affecting CITY streets in accordance with the Plan Map attached hereto marked Exhibit "A". 4. STATE agrees to acquire all necessary right of way as may be required for construction, reconstruction, or alteration of CITY streets, frontage roads, and other local streets, and CITY hereby authorizes STATE to acquire on its behalf all such necessary right of way. 5. It is understood between the parties that the right of way may be acquired in sections or units, and that both as to the acquisition of right of way and the construction of the freeway projects, the obligations of STATE hereunder shall be carried out at such time and for such unit or units of the project as funds are budgeted and made lawfully available for such expenditures. 6. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, and the frontage roads, and other STATE constructed local streets on receipt of written notice to CITY from STATE that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. CITY will accept title to the portions of such streets lying outside the freeway limits, upon relinquishment by STATE. 8-SBd-15-KP 4.83/15.45 (PM 3.0/9.6) 7. This Agreement may be modified at any time in writing by the mutual consent of the parties hereto, as may become necessary for the best accomplishment, through STATE and CITY cooperation, of the whole freeway project for the benefit of the people of the STATE and of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation CITY OF RANCHO CUCAMONGA By: Mayor By ROBERT L. BUCKLEY Project Planning and Design Engineer APPROVED AS TO FORM: Attorney, CITY APPROVED AS TO FORM: Attorney, State