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Home My WebLink About1998/08/19 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. August 19, 1998 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers William J. Alexander, Mayor Diane Williams, Mayor Pro Tem Paul Biane, Councilmember James V. C~atalo, Councilmember Bob Dutton, Councilmember Jack Lam, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 477-2700 ......... ~T~ilqlllll~ T'? .... !Illgit #11111~![r' r'~tl!llrTr ')'~T .... City Council Agenda August 19, 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 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 , Dutton__ and Williams B. ANNOUNCEMENTS/PRESENTATIONS Presentation of the "Best of the Valley" Awards by Mike Ferguson to the City of Rancho Cucamonga. Daily Bulletin All Star Sponsorship "Thank You" Presentation by Mike Ferguson to the City of Rancho Cucamonga. Presentation to Hockey West for donation of hockey equipment to the City of Rancho Cucamonga. Presentation of a Proclamation commending community volunteers, agencies and businesses for their assistance during a power outage which affected 500 homes. C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. Approval of Minutes: June 17, 1998 July 1, 1998 July 6, 1998 July 15, 1998 (Alexander absent) Approval of Warrants, Register Nos. 7/29/98 (97/98), 7/29/98 (98/99), 8/5/98 (97/98), and 8/5/98 (98/99) and Payroll ending 8/6/98 for the total amount of $2,930,346.16. City Council Agenda August 19, 1998 o Alcoholic Beverage Application for Off-Sale Beer and Wine for The Wild Grape, Nancy Kathleen Bellefro and Mary Magdalena Heredia, 8916 Foothill Blvd., Suite D. Alcoholic Beverage Application for Off-Sale General for Arrow & Grove Market Liquor, Jamil and Jamila Samouh, 8114 Arrow Highway. Approval to enter into an Attachment Permit Agreement between the City of Rancho Cucamonga and Metricom, Incorporated. Approval of a Resolution authorizing the Department of General Services of the State of California to purchase vehicle for the Senior Transportation Program in the amount of $46,692.61 to be funded from Account No. 01-4532-7045. RESOLUTION NO. 98-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE ONE 15-PASSENGER, PARATRANSIT BUS ON BEHALF OF THE CITY OF RANCHO CUCAMONGA Approval to vacate the southerly 2-feet of the easement fronting Youngs Canyon Road from west of Koch Place to the westerly boundary of Tract 13566-2 - TMP Homes APN: 226-321-01. RESOLUTION NO. 98-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF THE EASEMENT FRONTING YOUNGS CANYON ROAD WEST OF CHERRY AVENUE - APN: 226-321-01 Approval of a Resolution adopting the five-year capital improvement program for Fiscal 1998/99 through 2002/03 and twenty-year transportation plan beginning in Fiscal Year 1998/99, as required for Measure I funds, and approval of a Resolution amending the five-year capital improvement program for Fiscal Year 1997/98 through 2001/02. 11 13 15 23 24 25 28 30 City Council Agenda August 19, 1998 10. 11. RESOLUTION NO. 98-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 1998/99 THROUGH 2002/03 AND TWENTY-YEAR TRANSPORTATION PLAN BEGINNING IN FISCAL YEAR 1998/99 FOR THE EXPENDITURE OF MEASURE I FUNDS RESOLUTION NO. 98-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 1997/98 THROUGH 2001/02 Approval of Map, Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. I and 7 for Tract Map. No. 12659, located south of Wilson Avenue, east of Hanley Avenue, submitted by Centex Homes, a Nevada General Partnership. RESOLUTION NO. 98-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL TRACT MAP 12659 IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES RESOLUTION NO. 98-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 12659 Approval of Drug Abuse Resistance Education (D.A.R.E.) Memorandum of Understanding (CO98-044) for Fiscal Year 1998- 99. Approval of Agreement (CO98-045) with Rancho Cucamonga Family YMCA to implement and deliver a Senior Transportation Program. 39 40 41 42 43 47 49 City Council Agenda August 19, 1998 4 12. 13. 14. 15. 16. Approval of Contract (CO98-046)with the San Bernardino County Superintendent of Schools for classroom usage at the Mulberry Early Learning Center in the amount of $1 for rent annually, not to exceed $200/month for the months of September 1998 through June 1999, to be funded from Account 13-4563-6028-4224. Approval of Agreements (CO98-047) (CO98-048) to join the State of California Department of General Services Electric Procurement Program for Public Agencies. Approval to appropriate $175,000 from Fund 32-Measure I (Account No. 32-4637-9615), award and authorization for execution of contract (CO98-049) forArchibald Avenue and Fourth Street corner widening, located at the northeast corner of Archibald Avenue and Fourth Street, in the amount of $245,093.00 ($222,812.00 plus 10% contingency) to be funded from Measure I funds, Account No. 32-4637-9615. Approval of release of Maintenance Bond in the amount of $12,324.50 for CUP 95-39, located on the south side of Arrow Route, east of Interstate 15. Release: Maintenance Bond $12,324.50 Approval to accept Improvements, Release the Faithful Performance Bond and file a Notice of Completion for DR 96-32, CUP 93-49 and CUP 96-21, located on Church Street and the intersections of Spruce and Elms Avenues and Rochester Avenue and Chervil Street. RESOLUTION NO. 98-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR DR 96-32, CUP 93-49 AND CUP 96-21, LOCATED ON CHURCH STREET AND THE INTERSECTIONS OF SPRUCE AND ELM AVENUES AND ROCHESTER AVENUE AND CHERVIL STREET, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 50 52 86 92 95 97 City Council Agenda August 19, 1998 5 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. CONSIDERATION TO AMEND TERRA VISTA PARK DEVELOPMENT AGREEMENT NO. 1 LEWIS HOMES DEVELOPMENT COMPANY - a request to amend provisions for park credit for private open space in the Terra Vista Planned Community. ORDINANCE NO. 591 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO TERRA VISTA PARK DEVELOPMENT AGREEMENT NO. 1, AS SUPPLEMENTED CONSIDERATION OFAN ORDINANCE OFTHE CITYCOUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER3.48 OFTHERANCHO CUCAMONGA MUNICIPALCODEPERTAINING TO UTILITY USER'SFEES ORDINANCE NO. 558B (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.48 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO UTILITY USER FEES 98 104 F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. CONSIDERATION OF PUBLIC NEED AND NECESSITY IN GRANTING A TAXI CAB SERVICE PERMIT TO BELL CAB COMPANY (SAN GABRIEL TRANSIT) (Continued from August 5, 1998) 108 City Council Agenda August 19, 1998 6 G. PUBLIC HEARINGS The following requirements. testimony. items have no legal publication or posting The Chair will open the meeting to receive public 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 REQUEST FROM RANCHO CUCAMONGA PROFESSIONAL FIRE FIGHTERS ASSOCIATION FOR CITY TO CO-SPONSOR CELEBRITY CHARITY SOFTBALL GAME ON OCTOBER 4, 1998, AT THE EPICENTER STADIUM AND TO WAIVE ASSOCIATED FEES AND CHARGES DISCUSSION OF FILLING PLANNING COMMISSION VACANCIES CONSIDERATION OF DESIGNATING A VOTING REPRESENTATIVE AND AN ALTERNATE FOR THE LEAGUE OF CITIES ANNUAL MEETING 111 114 115 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. 1. DISCUSSION OF BILLBOARD POLICY DISCUSSION ON CREATING A YOUTH ADVISORY GROUP (oral report) 3. PARK AND RECREATION FACILITIES UPDATE A. PARKS & FACILITIES UPDATE 2. 3. 4. 5. 6. 7. 8. 9. Lions West Community Center Lions East Community Center Rancho Cucamonga Senior Center R.C. Family Sports Center Rancho Cucamonga Public Library Stadium Spruce Avenue Park Skate Facility Victoria Groves Coyote Canyon Park 118 119 City Council Agenda August 19, 1998 7 10. Red Hill Park 11. Lions Park 12. Spruce Avenue Park 13. Etiwanda Creek Park 14. Beryl Parks 15. All Park Facilities COMMUNITY SERVICES UPDATE 1. Seniors 2. Teens 3. Youth Activities 4. Youth Sports 5. American Youth Soccer Organization World Games 6. R.C. Family Sports Center 7. Lions East and West Celebration 8. Facilities 9. The Grapevine 10. Community Wide Special Events 11. Park Facility Reservations 12. Trips and Tours 13. Human Services 14. Proposed Boxing Program 15. Senior Van Transportation 16. Vietnam Memorial Moving Wall 17. Park and Recreation Commission 18. Epicenter 19. Quakes J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. City Council Agenda August 19, 1998 L. ADJOURNMENT MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS PROPERTY NEGOTIATIONS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT ROCHESTER, BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE; JERRY FULWOOD, DEPUTY CITY MANAGER, NEGOTIATING PARTY, 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 August 13, 1998, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. June 17, 1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re.~ular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, June 17, 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 Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Linda Daniels, RDA Director; Rick Gomez, Community Development Director; Brad Buller, City Planner; Nancy Fong, Senior Planner; Shintu Bose, Deputy City Engineer; Dave Blevins, Public Works Maintenance Manager; Dale Catton, Facilities Supervisor; Bill Makshanoff, Building Official; Larry Temple, Administrative Services Director; Tamara Layne, Finance Officer; Paula Pachon, Management Analyst II, Diane O'Neal, Assistant to the City Manager; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation commending Diane Mindrum of Mindrum Precision Products for being selected as the 1998 Rancho Cucamonga Chamber of Commerce Small Business Person of the Year. Mayor Alexander presented a proclamation to Diane Mindrum. Tim Younger of the Chamber of Commerce also commended Diane Mindrum for all of her efforts. He stated she is also nominated for the California Small Business person of the year award. B2. Presentation of a Certificate of Recognition to Eric Tumbarello and Joseph Harris for their academic achievements and perfect attendance record at Caryn Elementary School and Summit Intermediate School. Eric Tumbarello and Joseph Harris were presented certificates of recognition. Both boys thanked the Mayor and City Council for this award. City Council Minutes June 17, 1998 Page 2 C. COMMUNICATIONS FROM THE PUBLIC C1. Rex Gutierrez, 11021 Carlow Court, stated he is proud of the kids who just received their awards. He also commended Dave Blevins for the work his crews do in the field. He commented on mail boxes that are grouped together within a development and that when a vehicle is parked in front of them, the mail cannot be delivered. He felt the curbs should be painted. He also felt the campaign signs that are still standing should be removed. He felt the homes on Foothill and Archibald that have the weeds in front of them should be cleaned up. He added that on Haven, Milliken and Base Line there are weeds in this area also. He commented on a small city in northern California that has a biotech program which he had read about in the L.A. Times on Monday. He also brought up the utility boxes throughout the City that are getting hit with graffiti and felt it would be a good Eagle Scout project for someone to clean these up. Mayor Alexander stated that if people have anything that need to be reported to the City they can call 477- 2700. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 5/27/98 and 6/3/98 and Payroll ending 5/14/98 for the total amount of $2,094,475.44. D2. Approval to receive and file current Investment Schedule as of May 31, 1998. D3. Approval to appropriate $64,730 from Fund 22--Transportation Development (A/C) 22-4637-9711 )-- for design services for the Foothill Boulevard medians from Vineyard Avenue to Haven Avenue and the widening of the Foothill Boulevard bridge over Deer Creek Channel. D4. Approval of a Resolution extending the time limits for development of property purchased by the Redevelopment Agency for the purpose of affordable housing, as required by California Health and Safety Code Section 33334.16. RESOLUTION NO. 98-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING THE RETENTION TIME FOR CERTAIN PROPERTY OWNED BY THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY D5. Approval of Annual Loan Transaction between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency. D6. Approval of Salary and Benefits Resolution for Fiscal Year 1998/99 and rescinding Resolution No. 97-171. RESOLUTION NO. 98-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RESCINDING RESOLUTION NO. 97-171 AND IMPLEMENTING SALARY AND BENEFITS FOR FISCAL YEAR 1998/99 City Council Minutes June 17,1998 Page 3 D7. Approval of Resolutions relating to the November 3, 1998 Election. RESOLUTION NO. 98-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALLING AND GIVING NOTICE OF GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 3RD DAY OF NOVEMBER, 1998, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, AND CONSOLIDATING SAID ELECTION WITH STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE RESOLUTION NO. 98-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A CHARGE TO CANDIDATES FOR ELECTIVE OFFICE, FOR PREPARATION OF MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS OF THE CANDIDATES STATEMENT FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 3, 1998 D8. Approval of a Resolution of Intention to Vacate a portion of an easement (V-157) on a portion of Lots 1 and 2 of Parcel Map No. 15016 on the west side of Rochester Avenue and 200 feet north of Foothill Boulevard and setting the Date of the Public Hearing for July 15, 1998. RESOLUTION NO. 98-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF AN EASEMENT ON THE WEST SIDE OF ROCHESTER AVENUE AND 200 FEET NORTH OF FOOTHILL BOULEVARD D9. Approval of a Reimbursement Agreement for the installation of a master planned storm drain facility known as the North Channel XlV-8 in connection with the development of Tract No. 14139 located on the west side of Etiwanda Avenue north of Wilson (formerly 24th Street), submitted by Centex Homes - (DRA- 31) RESOLUTION NO. 98-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING REIMBURSEMENT AGREEMENT (DRA-31) FOR INSTALLATION OF A MASTER PLANNED STORM DRAIN FACILITY KNOWN AS NORTH CHANNEL XlV-8 IN CONNECTION WITH THE DEVELOPMENT OF TRACT NO. 14139 D10. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for MDR 96- 15, located on the northeast corner of Jersey Boulevard and White Oak, submitted by Hillcrest Contracting, Incorporated, on behalf of Citation Precision, Incorporated. City Council Minutes June 17,1998 Page 4 RESOLUTION NO. 98-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENTAGREEMENTAND IMPROVEMENT SECURITY FOR MDR 96-15 RESOLUTION NO. 98-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR MDR 96-15 D11. Approval to appropriate $13,186.00 from the Fund Balance of LMD 1, General Citywide Landscaping (Fund 40) to be placed in Account No. 40-4130-9525, and to award and authorize for execution of the contract (CO98-035) for the Community Equestrian Trail Fencing at the Hermosa Trail, the Hillside Trail funded from LMD 1, General Citywide Landscaping, Fund 40, Account No. 40-4130-9525 ($43,186); and the Brittany Trail funded from LMD 1, General Citywide Landscaping, Fund 40, Account No. 40-4130-99719 ($3,300) for a total award of $46,486.00 ($42,260.00 plus 10% contingency). D12. Approval to Award and Authorize the execution of the Contract (CO98-036) for Janitorial Services for Citywide Facilities to Ed Building Maintenance in the amount of $50,160, and Rogan Building Services in the amount of $83,640, to be funded from Fund 01-4648-6036. D 13. Approval of Improvements, Release the Faithful Performance Bond, and File a Notice of Completion for CUP 95-19, located at 11167 White Birch Drive. Release: Faithful Performance Bond. No. 192401S $9,600.00 RESOLUTION NO. 98-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR CUP 95- 19, LOCATED AT 11167 WHITE BIRCH DRIVE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Curatalo, seconded by Biane to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 4-0. E. CONSENT ORDINANCES No Items Submitted. F. ADVERTISED PUBLIC HEARINGS Fl. INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 98-01 - MASI Consideration of a request to expand the area for Auto Service Court within the Industrial Area Specific Plan. City Council Minutes June 17, 1998 Page 5 Staff report by Nancy Fong, Senior Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 589. ORDINANCE NO. 98-589 (first reading) A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIALAREA SPECIFIC PLAN AMENDMENT 98-01. A REQUEST TO AMEND THE DEFINITION OF AUTO SERVICE COURT WITHIN THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Curatalo to waive full reading and set second reading of Ordinance No. 589 for July 1, 1998. Motion carried unanimously, 4-0. No Items Submitted. No Items Submitted. G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS I. COUNCIL BUSINESS I1. SELECTION OF TASK FORCE MEMBER FOR THE INLAND EMPIRE DIVISION FOR THE PURPOSE OF CONSIDERING OPTIONS RELATING TO REGIONAL ISSUES Councilmember Biane stated he is President of the Inland Empire Division of the League of California Cities. He stated the executive board has been discussing the League considering options relating to regional issues. He stated they would like to form a task force with a recommendation to come back to the Council for a vote in the near future. He stated he would like to be the representative for that task force. MOTION: Moved by Williams, seconded by Curatalo to appoint Councilmember Biane to the task force. Motion carried unanimously, 4-0. 12. PARK AND RECREATION FACILITIES UPDATE A. PARKS & FACILITIES UPDATE 1. Lions West Community Center 2. Rancho Cucamonga Senior Center City Council Minutes June 17, 1998 Page 6 3. R.C. Family Spods Center 4. Skate Park 5. Beryl Park 6. Coyote Canyon Park 7. Stadium 8. Heritage and Red Hill Parks 9. Etiwanda Creek Park 10. Rancho Cucamonga Public Library B. COMMUNITY SERVICES UPDATE 1. Seniors 2. Teens 3. Youth Activities 4. R.C. Family Sports Center 5. Summer Swimming Program 6. Sports Advisory Committee 7. The Grapevine 8. Community Wide Special Events 9. Trips and Tours 10. Human Services 11. Satellite Registration Location 12. Senior Van Transportation 13. Vietnam Memorial Moving Wall 14. Epicenter Councilmember Williams stated she is still getting calls from people who can't find the RC Family Sports Center. She felt this should be identified better on Foothill. Rick Gomez, Community Development Director, stated there is a new master sign program being worked on with Lewis Homes which should take care of this problem in the near future. Councilmember Williams stated youth activities on page 124 in the agenda packet discussed the roller hockey program and that it mentioned this needs to be revitalized. She asked for clarification on this. Jerry Fulwood, Acting Community Services Director, stated there were some problems with the program, but staff has met with the parents and coaches to work through these problems which has now been resolved. Councilmember Curatalo asked Rick Gomez, Community Development Director, if possibly another sports center could be put in the budget. Rick Gomez, Community Development Director, stated Community Services will be doing a survey to see what the community wants and needs relating to the City's services. Mayor Alexander mentioned in October the Viet Nam War Memorial Wall will be coming to Rancho Cucamonga. Councilmember Williams asked if there is an outline for this program. City Council Minutes June 17,1998 Page 7 Jerry Fulwood, Acting Community Services Director, stated staff is working with the VFW on this and they will get back to the Council when this is completed. Mayor Alexander felt the information should be on cable television and the Internet. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. L. ADJOURNMENT MOTION: Moved by Curatalo, seconded by Williams to adjourn to June 18, 1998, 5:30 p.m. for a budget workshop to be held at 10500 Civic Center Drive, Rancho Cucamonga in the Tri Communities Room. Motion carried unanimously, 4-0. The meeting adjourned at 7:46 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: ** ~ , ..... 1111R IIRIII~ ["', r'~11111'1' 'I""'T"' July 1, 1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re.clular Meetinq A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, July 1, 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 7:14 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager James Markman, City Attorney, Jerry Fulwood, Deputy City Manager; Linda Daniels, RDA Director; Cathy Wahlstrom, RDA Analyst; Rick Gomez, Community Development Director; Brad Buller, City Planner; Shintu Bose, Deputy City Engineer; Jon Gillespie, Traffic Engineer; Larry Temple, Administrative Services Director; Dave Moore, Recreation Superintendent; Paula Pachon, Management Analyst II; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; Jennifer Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Kathryn L. Scott, Deputy City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation proclaiming July as "Recreation and Parks" Month. Proclamation presented to Ann Punter, Chairperson for the Park and Recreation Commission. Ann Punter, Chairperson, Park and Recreation Commission, thanked the City Council and Mayor on behalf of the Commission and said that they are very proud of the parks and the recreation programs in the community and of the support provided by the Council. B2. Presentation by Xpressions of Youth and announcement of their dignitary preview stage performance of "The Wizard of Oz" on July 9, 1998. Lee Grammar, Xpressions of Youth Founder, formally introduced Mike Roth, Theater Director, and some of their lead performers. She provided to the City Council a flyer on their production of "Wizard of Oz" so they could see what they have to offer for the children in Rancho Cucamonga. The cast introduced themselves and named the role they play in the production. Mike Roth, Theater Director, explained that Xpressions of Youth is a non-profit organization based in Rancho Cucamonga with the sole purpose to promote the arts within the community through dance, music, art and theater. He invited Council and the community to join them in the special production of "Wizard of Oz." City Council Minutes July 1, 1998 Page 2 C. COMMUNICATIONS FROM THE PUBLIC C1. Aubrey Campbell commended the Engineering Department regarding the interchange @ Foothill & the 1-15, as he felt it was previously a death trap. C2. Rex Gutierrez, 11021 Carlow Ct., said he recommends that people do attend the production put on by the Xpressions of Youth. He said in his publication, Rancho Today, there is an article on Xpressions of Youth. Mr. Gutierrez said in the Western League of Cities Magazine there is an article on the electricity industry, and he felt there were ideas that would help the City save money for the residents and the City, and possibly create a revenue stream. Mr. Gutierrez said Vineyard Little League won the City championship in their leagues and thought it might be worth looking into presenting a proclamation or certificates to each of the participants at a Council meeting. Mr. Gutierrez suggested that staff remind the developers that when they have completed a job on the landscaping areas, to hurry and replace the dead grass, fences, etc., specifically @ Milliken and Victoria Park Lane. Mr. Gutierrez stated in attending hearings with Caltrans and SAN BAG about the Route 30 freeway, a lot of neighbors do not know what their property behind the freeway corridor will look like, so he thought it would be a nice idea for the Planning Department to work with Caltrans and develop a color-coded map of the freeway corridor identifying properties and the sound walls. Mayor Alexander asked how many residential areas do not have sound walls. Rex Gutierrez said at the last meeting in Etiwanda there were a number of neighbors present that Caltrans said did not require sound walls. Shintu Bose, Deputy City Engineer, said that east of East Avenue there are a few homes where a sound wall is not needed. Rex Gutierrez said the point he wanted to make is that for informational purposes it would be very convenient for the residents to see what their status is and would recommend a map for this purpose. Rick Gomez, Community Development Director, stated that anybody who is interested in coming down to the Planning Department to review maps that Planning or Engineering have, staff would be more than happy to explain to them the impact that may or may not be from the freeway or the interchange, and would address any questions they have. Rex Gutierrez stated that there are two streets that intersect, Ramona and Devon, and it is confusing because the sign at Devon says "8200" block, and it should be "9800". The Ramona side should read "8200" block, instead of "8100". Mayor Alexander stated on items such as these you don't have to wait for a Council meeting to address these issues. City Council Minutes July 1, 1998 Page 3 Mr. Gutierrez stated the reason he does is because he covers these meetings now for his publication, the Rancho Cucamonga Today. Mr. Gutierrez said he heard from a parent that at Rancho Cucamonga High School the girls' bathroom becomes cloudy due to cigarette smoke. He suggested that when the City has the meeting with the School District maybe it could be addressed to them that this might be a problem. Mayor Alexander stated it is illegal to smoke on any school property. Toni Rhodes, 15100 Arrow Rt., stated it was nice to be able to sit here and hear the proclamation read for the parks and recreation and hear the word "all." When her and her daughter Christy were in Washington discussing with people from other states the problems that adults with disabilities have, it was nice to be able to talk about a ramp at Heritage Park. She wanted to say thank you. In regards to the children (Xpressions of Youth), she thinks it is wonderful that it was suggested that they do performances for seniors, but it would also be super if they did so for people with disabilities. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 6/10/98 and 6/17/98 and Payroll ending 5/28~98 for the total amount of $1,580,978.39. D2. Approval of City Council Representative to the California Cities Home Ownership Authority (CCHOA). D3. Approval of a Resolution of Intention to Vacate Portions of Four Alleys generally within the Northtown area bounded by Hermosa Avenue - Marine Avenue and 26th Street - Humboldt Avenue and setting the date of the public hearing for August 5, 1998. RESOLUTION NO. 98-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE PORTIONS OF ALLEYS GENERALLY WITHIN THE NORTHTOWN AREA BOUNDED BY HERMOSA AVENUE - MARINE AVENUE AND 26TH STREET - HUMBOLDT AVENUE D4. Approval of Improvement Agreement and Improvement Security for CUP 96-27, located at the southwest corner of Milliken Avenue and Base Line Road, submitted by Texaco Refining and Marketing, Inc. RESOLUTION NO. 98-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENTAGREEMENTAND IMPROVEMENT SECURITY FOR CUP 96-27 D5. Approval ofthe Map, Improvement Agreement, Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract No. 15796, generally located at the northeast corner of Milliken Avenue and Victoria Park Lane, submitted by Tava Development Company, a California Corporation. City Council Minutes July 1, 1998 Page 4 RESOLUTION NO. 98-123 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 15796, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 98-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT MAP NO. 15796 D6. Approval ofthe Map, Improvement Agreement, Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract No. 15797, generally located south of Highland Avenue and east of Woodruff Place, submitted by Tava Development Company, a California Corporation. RESOLUTION NO. 98-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 15797, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 98-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT MAP NO. 15797 D7. Approval of release of Memorandum of Understanding Agreement relating to the retrofit of a flood wall for Tract 13566 and refund of security deposit of $50,000.00 (improvements completed), located south of Wilson Avenue adjacent to the San Sevaine Basins, submitted by Rancho Cucamonga, LLC, a California Limited Liability Company. RESOLUTION NO. 98-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING RELEASE OF MEMORANDUM OF UNDERSTANDING AGREEMENT RELATING TO THE RETROFIT OF A FLOOD WALL FOR TRACT 13566 AND REFUND OF SECURITY DEPOSIT OF $50,000.00, LOCATED SOUTH OF WILSON AVENUE ADJACENT TO THE SAN SEVAINE BASINS, SUBMITTED BY RANCHO CUCAMONGA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY City Council Minutes July 1, 1998 Page 5 D8. Approval of release of Memorandum of Understanding Agreement relating to the retrofit of a flood wall for Tract 13566-3 and refund of security deposit of $115,000.00 (improvements completed), located south of Wilson Avenue adjacent to the San Sevaine Basins, submitted by Gentra Capital Corporation, a Delaware Corporation. RESOLUTION NO. 98-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING RELEASE OF MEMORANDUM OF UNDERSTANDING AGREEMENT RELATING TO THE RETROFIT OF A FLOOD WALL FOR TRACT 13566-3 AND REFUND OF SECURITY DEPOSIT OF $115,000.00, LOCATED SOUTH OF WILSON AVENUE ADJACENT TO THE SAN SEVAINE BASINS, SUBMITTED BY GENTRA CAPITAL CORPORATION, A DELAWARE CORPORATION D9. Approval to accept Contract No. 96-054, Lions Community Center East Renovation, located at 9191 Base Line Road, approve the final Contract amount of $939,400.00, and authorize the City Engineer to file a "Notice of Completion." RESOLUTION NO. 98-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR LIONS COMMUNITY CENTER EAST RENOVATION, LOCATED AT 9191 BASE LINE ROAD, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Curatalo, seconded by Biane to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 4-0. E. CONSENT ORDINANCES El. INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 98-01 - MASI Consideration of a request to expand the area for Auto Service Court within the Industrial Area Specific Plan. Kathryn L. Scott, Deputy City Clerk, read the title of Ordinance No. 589. ORDINANCE NO. 589 (second reading) a ORDINANCE Of THE CITY COUNCIL OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREASPECIFIC PLAN AMENDMENT 98-01. A REQUEST TO AMEND THE DEFINITION OF AUTO SERVICE COURT WITHIN THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Biane, seconded by Curatalo to waive full reading and approve Ordinance No. 589. Motion carried unanimously, 4-0. City Council Minutes July 1, 1998 Page 6 F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF PUBLIC NEED AND NECESSITY IN GRANTING A TAXI CAB SERVICE PERMIT TO BELL CAB COMPANY (SAN GABRIEL TRANSIT) Duane Baker, Assistant to the City Manager, stated that the applicant, Bell Cab, has submitted a request to continue this item. City Attorney, James Markman, stated that the Council may continue the matter per the applicant's request without starting the hearing, or Council may take testimony tonight and then continue it. MOTION: Moved by Curatalo, seconded by Biane to continue item F1 to August 5, 1998, @ 7:00 p.m. in the City Council chambers. Motion carried unanimously, 4-0. G. PUBLIC HEARINGS G1. CONSIDERATION OF A RECOMMENDATION TO ESTABLISH A SPEED LIMIT OF 30 MPH ON CAMINO PREDERA FROM RED HILL COUNTRY CLUB DRIVE TO 200 FEET NORTH OF PREDERA COURT Staff report presented by Jon Gillespie, Traffic Engineer. Mayor Alexander asked if there is any way we can simply go ahead and legitimately or logically post this 25 (MPH) as opposed to waiting until we get something built there and then have to change the sign. Jon Gillespie, Traffic Engineer, said the courts are strict on the 85th percentlie, being 35 MPH; we are dropping it five, and to drop it ten, the courts may decide we're not reasonable and throw our tickets out. Jon Gillespie, Traffic Engineer, stated when the homes are built it can be reduced again by 5 MPH. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Rex Gutierrez, 11021 Carlow Ct., stated in 1996 he was walking door to door and met a family at the bottom of this drive who complained about the speed. He does not know whether a blinking light might be in order, but no matter what you do he does think that selective enforcement is going to be one of the big answers; to have an officer present on a motorcycle might help a lot, because he does not think the people will even notice that the speed limit has been changed by 5 MPH. There being no response, the public hearing was closed Kathryn L. Scott, Deputy City Clerk, read the title of Ordinance No. 590. ORDINANCE NO. 590 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING THE PRIMA FACIE SPEED LIMIT ON CAMINO PREDERA City Council Minutes July 1, 1998 Page 7 MOTION: Moved by Biane, seconded by Curatalo to waive full reading and set second reading of Ordinance No. 590 for July 15, 1998. H. CITY MANAGER'S STAFF REPORTS H1. UPDATE ON COUNTY CONDITIONAL USE PERMIT CUP/97-0007/W139-45- Update on Ling Yen Mountain Temple and Retreat Facility project, located approximately 1 mile north of the intersection of Wardman Bullock Road and Wilson Avenue within the City's Sphere of Influence - APN: 226-061-72, 73, and 74. Larry Henderson, Principal Planner, presented the staff report. Mayor Alexander asked if this particular parcel is within the sphere of the fire district for protection. Larry Henderson, Principal Planner, answered it is actually within the district boundaries. Our sphere boundaries are a different situation; the fire district actually includes our sphere of influence in their district boundaries; they do not have to annex it. If it is a wild land area, the fire district is not responsible for protection, but once it is urbanized or developed, then they assume the role of having to protect that site. Councilmember Curatalo said he has read all the reports, and it seems that the County is skirting the issue of environmental impact reports. Larry Henderson, Principal Planner, said he would have to concur, and that would be his personal judgment. Councilmember Curatalo asked if there is any particular reason why they are avoiding this issue. Larry Henderson, Principal Planner, said we have asked them and they feel that they can address it through special studies and not require an environmental impact report. He said that the Leona Klipstein groups, Friends of the Sage, have also issued a 21 -page letter from their attorney agreeing with our view that an EIR is necessary and also asking Fish and Wildlife and Fish and Game to get involved in that discussion. Councilmember Curatalo asked if we are putting some pressure on them through our Planning Department. Larry Henderson, Principal Planner, said that when the first preliminary plans came out, we did receive some County staff support, however that support has somewhat changed as of late. Councilmember Curatalo said he would appreciate being kept apprised of this. Larry Henderson, Principal Planner, reviewed the exhibits. Mayor Pro-Tem Williams requested that he point out how this is going to affect the natural drainage that normally occurs there. Larry Henderson, Principal Planner, said they will have to create a drainage entry device to a pipe that will run under the cliff and then into the existing detention area south of there; and this will require significant drainage improvements. Larry Henderson, Principal Planner, discussed the parking as shown on the exhibits. City Council Minutes July 1, 1998 Page 8 Architectural styles in Etiwanda North were discussed. Councilmember Biane said that on a public safety issue he can understand why someone cannot build a specific architectural style. Larry Henderson, Principal Planner, stated that from an architectural standpoint overall, the Etiwanda North Plan was looking for a rural type of low-key style for the foothills so that the aesthetic views from below looking up to it would be unobtrusive and would not detract from the mountain or natural views. Brad Buller, City Planner, stated that the Etiwanda North Specific Plan did address the issue of architectural styles and it did give a wide variety of ranges of architectural styles that could be permitted in that area, and most of the homes that have been approved in the Etiwanda area fit in with that pattern of architecture, and the oriental style that is here is not one of those that was identified. Mayor Alexander asked if they could overcome the problems, has facilities such as these subtracted from surrounding property values or have they remained the same. Larry Henderson, Principal Planner, stated that in the Hacienda Heights area property values increased dramatically. In terms of affordability it's a negative; in terms of a property owner, it's a windfall. Councilmember Williams asked if the County has addressed the issue that the State usually suggests that the difference be given to the City as far as design, etc., who has the sphere of influence. She said it is assumed by LAFCO upon placing that in the sphere that the City will now have the final say, or primary interest, in service provision and in development of that particular piece of property, because that is what a sphere indicates. She said she has not been able to receive an answer back from the County as to why they would choose to ignore our right to have influence over our own sphere of influence. Larry Henderson, Principal Planner, said we have not really received a response, but approximately seven years ago the County amended its newly-adopted general plan to eliminate the provision that you just mentioned, that required them to conform to the sphere of influences of every city within their county. They amended their General Plan policy to say they will "consider." Mayor Alexander asked Councilmember Williams if we are anywhere near proposing annexation. Mayor Pro Tern Williams said we could propose annexation anytime we want, but it takes the consensus of the landowner. Brad Buller, City Planner, said this particular project is not adjacent to our city boundaries. Larry Henderson, Principal Planner, said staff has been told by the County that the landowner of this project has been transferred. Larry Henderson, Principal Planner, said we did get a few phone calls by concerned residents in Rancho Cucamonga, who may be in the audience. He said the applicant may have sent a representative, as we did invite them, and we also invited County staff, however they declined to attend. Brad Belvedere, 240 E. 52n~ Street, San Bernardino, said he is considering becoming a resident in the City of Rancho Cucamonga. He said he and his wife thought this to be the most desirable area, unfortunately they found out late last week that the temple was up for approval through the County of San Bernardino. They picked this particular area because of the view and vista of the mountains; it had a nice quiet road (Wardman/Bullock) and he said our tract would be served by this particular City Council Minutes July 1, 1998 Page 9 street, but now there will be up to 600 people coming to visit this site. He said traffic is inadequate. He said it is totally unthinkable to put a project of this size behind a residential complex. He said in the Hacienda Heights area it put a big burden on the homeowners, with a lot of feuding. He said all Asian people have bought the property; they have taken a diverse amount of people in the community and centralized them. He said you lose diversity. He also stated that the sales office for the Standard Pacific Homes are not informing prospective buyers about the proposed temple. Rex Gutierrez, 11021 Carlow Ct., stated as a concerned citizen he thinks it's unfortunate that the people who want to build this church are not here to represent themselves to answer some of these questions. He said there are a lot of religious people in this community, and we need to be careful in this debate. We need to be careful about using any type of argument that would make any negative insinuations that could be racial or religious. However, he did say it was unfair for a developer to not disclose that information. He said we should concentrate on the drainage, landscape issues and less on the fear of this unknown into the city. Toni Rhodes, Rancho Cucamonga, stated that what makes this community so special is our foothills. She said at some point you have to decide if enough is enough. She said it is not about a temple; it is about a building; however, if it is a Buddist Temple, it should look like one. She is really concerned about the environment and as a resident of this community she would hate to see us lose the foothills to anything or anybody. Mayor Alexander said it would be appropriate to provide a synopsis of the comments from this evening to the County. Mayor Pro Tem said she is really concerned about a 96-foot tall building. She said in our foothill plan it is mentioned about sculpting the building into the environment it is in, and she thinks the word "sculpting" is a very important architectural word because it would cause it to blend in so that it does not stick out like a sore thumb. She said this would be a huge piece of stucco sticking up, and we're also talking about a lot of cars and one road. This could present a problem with respect to any emergency situation, and she is really concerned about that. She said she is also concerned about the septic system, which she feels is a major blunder. She said this is a huge edifice on the side of our foothills. Councilmember Curatalo said he would like to make sure that Planning understands his position and that he does not want Planning to accept anything at that scale in that area without an environmental impact report. He said he is upset with the County for changing the regulations, and he would like the County to know that. Brad Buller, City Planner, stated that staff will present these concerns to County staff and eventually the Commission, and will keep the City Council informed as new information becomes available. Mayor Alexander stated that the Council is emphatic about the EIR and the access which meets the Fire Department's standards. I. COUNCIL BUSINESS I1. CITY COUNCIL LIBRARY SUBCOMMITTEE'S RECOMMENDATIONS (oral) Diane O'Neal, Management Analyst II, presented the oral report. She said the Library Subcommittee is recommending Joyce Womack and the reappointment of Ede Swistock to the Library Board of Trustees. "~""'""lT"!~ .... "'? Ilill"l IllIll?' IIIII1[]1~1: 'T'?'T' ' City Council Minutes July 1, 1998 Page 10 MOTION: Moved by Williams, seconded by Biane to accept the Library Subcommittee's recommendation. Motion carried unanimously, 4-0. 12. CITY COUNCIL PARK & RECREATION SUBCOMMITTEE'S RECOMMENDATIONS (oral) Mayor Alexander gave the oral presentation. He said the Park and Recreation Subcommittee is recommending Martin Dickey, Gary Bemis, and the reappointment of James Clopton to the Park and Recreation Commission. MOTION: Moved by Biane, seconded by Curatalo to accept the Park & Recreation Subcommittee's recommendation. Motion carried unanimously, 4-0. 13. PARK AND RECREATION FACILITIES UPDATE A. DISCUSSION ON EXPLORING CITY-SPONSORED BOXING PROGRAM. Mayor Alexander said he would like to see various avenues for youth in our community to develop. He said in certain areas of our community we have developed some very fine programs, but we don't have anything that really relates to kids who would like to become involved in a boxing program. He said there is a world champion, who is no longer boxing, who wants to donate a lot of his life and time to some kids and he would like to advise the City on how economically a program like this can be done. Jack Lam, City Manager, said staff has done some preliminary investigation, but have not completed the work yet. Dave Moore, Recreation Superintendent, presented the staff report regarding a proposed year-round boxing program and a boxing event fundraiser at the Epicenter. Zack Padilla, former professional welterweight champion boxer, stated that he is the best boxing trainer in the world. He said he loves the sport and it has kept him out of trouble. He won a World Championship and he loves seeing the kids become involved in the sport. He wants to reach out to kids and help them achieve a goal. Mayor Alexander asked if there is something wherein we could start out at a more minimal level and work our way up, or is this something that needs to be started at the top. Zack Padilla stated with respect to a gym, you can start without air conditioning, showers, weights, which would save a lot of money. You need mirrors, one boxing ring, heavy bags and good trainers. Mayor Alexander stated that he has been to Zack's house, and there is nobody more enthusiastic about helping kids and doing something for the community. He would like to try and find something to put together. Mayor Pro Tem asked if there has been any discussion with the YMCA with respect to a partnership. She said previously there were businesses in town who were very much in favor of getting a boxing program started, and they were at the time looking at the YMCA as a partner in this. She asked if that was a good place to start, as they (the YMCA) might be able to provide space. Zack Padilla said he has never heard of a situation with the YMCA involved. Mayor Alexander said this is a tremendous opportunity right now for us to get into something that will offer youth exposure to a lot of sports people. City Council Minutes July 1, 1998 Page 11 Councilmember Biane stated there must a way to put ourselves into a building. He said there are industrial building for sale that are affordable. He asked if there were other funding sources through the budget that could be used. Jack Lam, AICP, City Manager, said there are a lot of areas that staff needs to explore. He said they need to pursue discussions with the YMCA and other possibilities. Mayor Pro Tern Williams said this is a good start. She said the staff report was one of the most thorough reports she has ever seen, and really appreciates it. Zack Padilla to work together with staff to pursue options on promoting a fundraising event. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC There were no communications from the public. L. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn to executive session to discuss Property Negotiations per Government Code Section 54956.8 for property located on Etiwanda Avenue between Victoria Avenue and Base Line Avenue; Brad Buller, City Planner, negotiating party; regarding Terms of Agreement. Motion carried unanimously, 4-0. Executive Session to adjourn to Monday, July 6, 1998, 6:00 p.m. for election results and to swear in Bob Dutton. The meeting adjourned at 8:59 p.m. Respectfully submitted, Kathryn L. Scott Deputy City Clerk Approved: ** July 6, 1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Adiourned Meetin.cl A. CALL TO ORDER An adjourned meeting of the Rancho Cucamonga City Council was held on Monday, July 6, 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 6:01 p.m. by Mayor William J. Alexander. Paul Biane, James Curatalo, Diane Williams, and Mayor William J. Present were Councilmembers: Alexander. B1. Staff report presented by Jack Lam, City Manager. RESOLUTION NO. 98-120 B. ITEMS OF BUSINESS APPROVAL OF A RESOLUTION CERTIFYING SPECIAL MUNICIPAL ELECTION RESULTS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY OF RANCHO CUCAMONGA ON THE 2"D DAY OF JUNE, 1998, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW MOTION: Moved by Biane, seconded by Williams to approve Resolution No. 98-120. unanimously, 4-0. B2. ADMINISTRATION OF OATH OF OFFICE Motion carried The Honorable Judge Jeffrey King, San Bernardino County Superior Court, administered the oath of office to Bob Dutton, Councilmember. Judge King presented to Mr. Dutton a Certificate of Election and said he thinks this is an extremely well- deserved honor and truly believes the citizens of Rancho Cucamonga will be very pleased with their choice. City Council Minutes July 6, 1998 Page 2 C. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. D. ADJOURNMENT MOTION: Moved by Dutton, seconded by Curatalo to adjourn. Motion carried unanimously, 5-0. Meeting adjourned at 6:06 p.m. Respectfully submitted, Kathryn L. Scott Deputy City Clerk Approved: ** July 15, 1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetin.q A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council District was held on Wednesday, July 15, 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 7:11 p.m. by Mayor Pro-Tern Diane Williams. Present were Councilmembers: Paul Biane, James Curatalo, and Mayor Pro-Tem Diane Williams. Also present were: Jack Lam, City Manager; Craig Fox, Deputy City Attorney; Jerry Fulwood, Deputy City Manager; Rick Gomez, Community Development Director; Brad Buller, City Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Bill Makshanoff, Building Official; Larry Temple, Administrative Services Director;; Jim Frost, City Treasurer; Dave Moore, Recreation Superintendent;, Nettie Nielsen, Recreation Supervisor; Debbie Clark, Library Director; Diane O'Neal, Assistant to the City Manager; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was: Councilmember William J. Alexander. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of the APWA Project of the Year Award to the City Engineer for the Rancho Cucamonga Family Sports Center presented by Trent PullJam, Director of Public Works, City of Moreno Valley. Trent Pulliam presented the award to Joe O'Neil and the City of Rancho Cucamonga. B2. Presentation by Jim Frost to Bob Dutton. Jim Frost presented the "traditional mug" to Bob Dutton for getting elected to the City Council and explained the history behind this tradition. B3. Presentation of a check in the amount of $5,000.00 from Target Stores to the City of Rancho Cucamonga's Community Services Department Special Events Division to be used for City-wide special events. Brenda McCormick and Ken Christiansen presented the City with a check in the amount of $5,000. City Council Minutes July 15, 1998 Page 2 Mayor Pro Tem Williams presented a proclamation to Target Stores for their community participation and commitment to the City. B4. Presentation of a Proclamation to American Youth Soccer Organization (AYSO) celebrating the 1998 World Games. Greg Banover and Jody Minor talked about the World Games that would be coming to the City of Rancho Cucamonga. Mayor Pro Tern Williams presented them with a proclamation acknowledging this prestigious event. C. COMMUNICATIONS FROM THE PUBLIC C1. Rex Gutierrez, 11021 Carlow Court, stated he had seen some street signs in another City that displayed the names of Viet Nam veterans on them and hoped that Rancho Cucamonga might be able to do this. He stated the name of the street would be on the sign and that at the bottom it would have "In memory of (veteran's name)". D. CONSENT CALENDAR D1. Approval of Minutes: May 21,1998 June 3,1998 June 25,1998 D2. Approval of Warrants, Register Nos. 6/24/98 (97~98), 6~30~98 (97~98), and 7/1/98 (97~98), and 6/24/98 (98/99) and 7/1/98 (98/99), and Payroll ending 6/11/98 and 6/25/98 for the total amount of 8,520,496.26. D3. Approval to authorize the advertising ofthe"Notice Inviting Bids" for the construction of traffic signals and safety lighting at Arrow Route and Baker Avenue to be funded from Transportation Systems Development Funds, Account 22-4637-9514. RESOLUTION NO. 98-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT ARROW ROUTE AND BAKER AVENUE, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval of a Resolution supporting the construction and operation of a Criminal justice Center in the High Desert. City Council Minutes July 15, 1998 Page 3 RESOLUTION NO. 98-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING THE CONSTRUCTION AND OPERATION OF A CRIMINAL JUSTICE CENTER CONTAINING ADULT AND JUVENILE DETENTION FACILITIES IN THE HIGH DESERT BY THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT AND SHERIFF GARY PENROD D5. Approval to award a playground installation contract to Park Specialties (CO 98-038), park and playground professionals, in the amount of $226,510.00 (plus a 10% contingency) for ADA Tot Lot renovations at Coyote Canyon, Red Hill, Lions, Victoria Groves, and Spruce Avenue Parks, to be funded from Account Nos. 43-4130-9405, 41-4130-9405, 90-4130-9405 and 20-4532-9405. D6. Approval and execution of an agreement (Memorandum of Understanding) (CO 98-039) between the City of Rancho Cucamonga and San Bernardino Associated Governments (SANBAG) for "Early Construction" of State Route 30 in the City of Rancho Cucamonga. RESOLUTION NO. 98-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF AN AGREEMENT (MEMORANDUM OF UNDERSTANDING) BETWEEN THE CITY AND SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) FOR "EARLY CONSTRUCTION" OF ROUTE 30 IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA D7. Approval to enter into leasehold interest agreements at the Rancho Cucamonga Adult Sport Park (CO 98-040) auxiliary parking lot and at Red Hill Community Park (CO 98-041) between Cox Communications and the City of Rancho Cucamonga for the purpose of installing wireless communication facilities for Cox's personal communication service. D8. Approval of highway planting Improvement Agreement for Conditional Use Permit No. 96-32 located on the northeast corner of Fourth Street and Buffalo Avenue, submitted by Autonation USA. RESOLUTION NO. 98-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HIGHWAY PLANTING IMPROVEMENT AGREEMENT FOR CONDITIONAL USE PERMIT NO. 96-32 MOTION: Moved by Dutton, seconded by Curatalo to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 4-0-1 (Alexander absent). E. CONSENT ORDINANCES E.1 CONSIDERATION OF A RECOMMENDATION TO ESTABLISH A SPEED LIMIT OF 30 MPH ON CAMINO PREDERA FROM RED HILL COUNTRY CLUB DRIVE TO 200 FEET NORTH OF PREDERA COURT City Council Minutes July 15, 1998 Page 4 Debra J. Adams, City Clerk, read the title of Ordinance No. 590. ORDINANCE NO. 590 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING THE PRIMA FAClE SPEED LIMIT ON CAMINO PREDERA MOTION: Moved by Curatalo, seconded by Biane to waive full reading and approve Ordinance No. 590. Motion carried unanimously, 4-0-1 (Alexander absent). F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF A RESOLUTION ORDERING TO BE VACATED A PORTION OF AN EASEMENT ON A PORTION OF LOTS 1 AND 2 OF PARCEL MAP NO. 15016 ON THE WEST SIDE OF ROCHESTER AVENUE AND 200 FEET NORTH OF FOOTHILL BOULEVARD (V-157) Staff report by Joe O'Neil, City Engineer. RESOLUTION NO. 98-134 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED, A PORTION OF AN EASEMENT ON THE WEST SIDE OF ROCHESTER AVENUE AND 200 FEET NORTH OF FOOTHILL BOULEVARD Mayor Pro Tern Williams opened the meeting for public hearing. There being no response, the public hearing was closed. Councilmember Biane inquired about this. Joe O'Neil, City Engineer, stated this is a landscape trail. MOTION: Moved by Biane, seconded by Dutton to approve Resolution No. 98-134. Motion carried unanimously, 4-0-1 (Alexander absent). No Items Submitted. PUBLIC HEARINGS CITY MANAGER'S STAFF REPORTS No Items Submitted. City Council Minutes July 15, 1998 Page 5 I. COUNCIL BUSINESS I1. DISCUSSION OF REORGANIZATION OF COUNTY COURTS Staff report presented by Jack Lam, City Manager, who stated he was asked by the Council to inform them about this. He stated the County has engaged in a consultant to look at the long term needs of the court system, both in terms of facilities, location and working relationship with their budgets. He stated there is a group looking at this, but that no recommendation has been given to the Board of Supervisors as of yet. He stated because Rancho Cucamonga has a major court facility, possibly the Council would be interested in the issue of that master planning and how it might affect us in the future. Councilmember Dutton felt the City Manager should work with the County and make sure that the Council is kept informed about this. He felt this could possibly have a major impact on the City's down town area.. Mayor Pro Tem Williams stated she agreed and added she assumed that the City Manager would bring this back to the Council for their input if he felt it was needed. Jack Lam, City Manager, stated he would be happy to address a letter to the County indicating the City's interest and asking them to keep us apprized of any recommendations so that the City can have some understanding of the recommendations and other issues that they would be bringing forward for discussion. The Council concurred. 12. UPDATE ON AFTER-SCHOOL TEEN PROGRAM AND REQUEST FOR EXPANSION OF HOURS Staff report by Nettie Nielsen, Recreation Supervisor. Councilmember Curatalo stated he felt all of the high schools should open up their facilities for after school programs for the kids. He felt this program was very good, but wished there were more facilities to accommodate everyone. Mayor Pro Tem Williams suggested Community Services contact Omnitrans to see if they can give out a special offer to assist the kids in getting a ride to the center. Nettie Nielsen, Recreation Supervisor, stated she would check into that suggestion. Councilmember Biane asked how the program has been promoted. Nettie Nielsen, Recreation Supervisor, stated the schools helped them a lot by getting the word out about this program. ACTION: Council agreed with staff's recommendation. The report was received and filed. 13. PARK AND RECREATION FACILITIES UPDATE 1. PARKS & FACILITIES UPDATE 1. Lions West Community Center 2. Lions East Community Center 3. Rancho Cucamonga Senior Center City Council Minutes July 15, 1998 Page 6 4. R.C. Family Sports Center 5. Skate Park 6. Coyote Canyon Park. 7. Red Hill Park 8. Etiwanda Creek Park 9. Civic Center 2. COMMUNITY SERVICES UPDATE 1. Seniors 2. Teens 3. Youth Activities 4. Youth Sports 5. American Youth Soccer Organization World Games 6. Summer Learn-to-Swim Program 7. R.C. Family Sports Center 8. The Grapevine 9. Community Wide Special Events 10. Trips and Tours 11. Human Services 12. Senior Van Transportation 13. Vietnam Memorial Moving Wall 14. Epicenter Mayor Pro Tern Williams felt the report were excellent and appreciated them very much. ACTION: Report received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING ,]]. Councilmember Dutton felt the Council should consider a stop sign on Camino Predera and would like to discuss this at the next Council meeting. J2. Councilmember Dutton asked for a report on other agencies after school programs that are offered by the YMCA, churches, etc. J3. Councilmember Biane stated he would like to review the billboard policy at the next meeting. J4. Mayor Pro Tem Williams would like a status report on the Assistance League building. She added this building looks very unkept. J5. Councilmember Dutton felt the City should come up with something as a way to be able to get political signs down after an election. K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. City Council Minutes July 15, 1998 Page 7 L. ADJOURNMENT MOTION: Moved by Curatalo, seconded by Dutton to adjourn. (Alexander absent). The meeting adjourned at 7:46 a.m. Motion carried unanimously, 4-0-1 Respectfully submitted, Debra J. 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C ~ ¢' ~". ,O C -- 'PJ' :: ~. £ '5 C ~ ~ .D.2 - 'C :C ~ f': 7] - 7' ;", ,."' 9 Z >0000000000000000000000000000000000000000000 U ~0~ ZJ~ Z Zu~ZZZuu ~Z Z ~ ~Z ~ E~ I u~ZZ~~Z Z ~ZZZJJ ZZZ Z ~Z~J~ /0 cA r; ~o ~ ~; ~ DROPPING APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S) TO: Department of Alcoholic Beverage 'Control 3737 Main St., Suite 900 Riverside, CA 92501 (909) 782-4400 PART?TR. File Number .............. 343561 Receipt Number ......... 1189797 Geographical Code ........ 3615 Copies Mailed Date 6-11-98 Issued Date DiST~CT SERVINGLOCATION: RIVERSIDE Name of Business: THE WILD GRAPE Location of Business: Number and Street 8916 FOOTHILL BLVD S_TE D City, State Zip Code RANCHO CUCAMONGA CA 91730 County SAN BERNARDINO Is premise inside city limits? YES If premise licensed: !~;pe of license Transferor's names/license: BELLETTO NANCY KATHLEEN 312800 License TVDe Transaction T~oe Fee TVDe Master DUD Date Fee 1. 20 OFF-SALE BEER AND PREMISE TO PREMISE TRA NA YES 0 JUN 11,1998 $100.00 TOTAL $100.00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? NO Act, or regulations of the Department pertaining to the Act? N O Explain any 'Yes' answer to the above quesHions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date J/IN 11, 1998 Under penalty of perjury, each person whose signature appears below, certifies and says: {1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in %he foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true: (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filled with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn ~ either the applicant or the licensee wi~h no resulting liability [o the Department. Applicant Name(s) BELLETTO NANCY KATHLEEN HEREDIA MARY MAGDALENA . Applicant Signature(~)/ ABC 211 (4/98) l/ z Application: Applicant: Address: Description: Type 20, Premise to Premise Transfer ( beer & wine). The Wild Grape 8916 Foothill Boulevard # D Address change for business, new location. PCN 95-01 issued and approved by City Council on 10/18/95. Site and Surrounding Zoning: Site: North: South: East: West: Special Commercial, Subarea 2 in Foothill Specific Plan. Office Professional. Community Commercial, Subarea 2 in Foothill Specific Plan. Community Commercial, Subarea 2 in Foothill Specific Plan. Community Commercial, Subarea 2 in Foothill Specific Plan. C4LItORNiA APPLICATION FOR ALCOHOL BEUERAGE TO: Department of Alcoholic Beverage Control 3737 Main St., Suite 900 Riverside, CA 92501 (909) 782-4400 DROPPING VES .... LICENSE{S1 File Number .............. 343852 Receipt Number ......... 1191044 Geographical Code ........ 3615 Copies Mailed Date 6-19-98 Issued Date PARTNER NO&(_ DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise!/nside city limits? If premise licensed: Type of license RIVERSIDE ARROW & GROVE MARKET & LIQUOR 8114 ARROW HWY RANCHO CUCAMONGA CA SAN BERNARDINO 91730 Transferor's names/license: CARNIELLO ELISA B 207497 License TYpe Transaction TYpe Fee TYpe Master DUD Date 1. 21 OFF-SALE GENERAL PERSON TO PERSON TRANS NA YES 0 JUN 19,1998 $1274.00 : 2. 21 OFF-SALE GENERAL ANNUAL FEE NA YES 0 JUN 19,1998 $446.00 : 3. 21 OFF-SALE GENERAL STATE FINGERPRINTS NA NO 1 JUN 19,1998 $39.00 TOTAL $1759.00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? ?.<, Act, or regulations of the Department pertaining to the Act? t'~-: Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensec, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date JUN 19,1998 Under penalty of perjury, each person whose signature appears below, certifies and says: (I) He is an applicant. or one of the applicants. or an executive officer of the applicant corporation, named in the foregoing application. duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true: (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filled with the Department or to gain or establish a preference to or for an.',' creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicanl or the licensec with no resulting liability to the Department. Applicant Name(s) SAMOUH JAMIL SAMOUH JAMILA Attached: 231, recorded notice to follow Classic Escrow 8667 19th St. Rancho Cucamong, Escrow #16667-B CA 91701 ABC 211 (4/98) ,~, . '.,. .~ ~.~ . .'., 0~ . -~ ~. ., - " '" ~" ~ .'tO) '.:' -" ,~.. " ~' .. ._. ..... ',~. . 2,~ '.~.. . . . ,, .. , ... . . ~,,, ~ ~ _ .' ~ '_ . ' ~ .-'~ ~:'.'.~ ... . ,.. ~ .,,.: , ..:.',...: . ~ ' '2~'~::,".-~ '. · ':C--' ".' ' ~ .- ~ : , ~ .... ~. --:. '..~ ., ._- ...~ :.,~:.*,,~.~.~.~ ~_.. ~.~ :~... . ~...,...- ..- . ~-::~'-,.,~...7-:'-.:'.~, .... .:-. ~ ' ~ ......... ~ ;'"- :~'~,', ......~.~!['.'&'~-<,~e-c~'~.'.->-~,.'.'~-- ~'c ~.' ~' .~ '- . · ..... .- _ -? ..... .... . . '.:: ~:~.~.'..:.,:'..':,..': -.~' '~ ~ . ~0 ;'"' .:-.'.: ~:':'~' '~';7:C[:"-:': ..~ :.':'_.,~ :".""'~ .. , , ~.:':. : . ~ '. ; . . . . , ..'-~ ' ,., , . ...... . ........ , ..... ,'~..~?., ~ -. . .~ ....~.., ~~ · ~~ ....'~. ..'.~ .:. '~ ,.:,~,.~ :: ~':.'.'~ ... .:~ . . ~_ .~~ ~'~ ~ ~ - · '~:::,~ 4' ': ' '' . · - .. '.. . ~:~.:.- ~':"., . :~. -. - ' ' ' --. :: ' :' '.' . . . , ,.,:,. ..... ~., ...... · ...... . ; ... ., .: .~ · -~.: . _ .:: _.. ~:~:-~..::':.. · .... .. ..-~"~.~:. :-:. · . - . _ ~ ' ~5 , ~ ... . . ,., ....?.... .:. .~:~..:. , .....~~'~.~ ::.~.:.' · . :.'~-~ ~ [~ ',~ :~-. ~ ..~--; ,.,.- ~-~.. :.~:' · . '.~ :. ~:~' . .~:~,';?.:.:.~:...: ,.. ,~.· ~ , ~.~: ~ ......... '- . ._ ~'~ '-~. , . ~ , , : . . ~, ,- :~ · .~ ~ ~".~' .:t · ' ". · ~ ' .- · .,~ ' "":>' ~ '" ' "' ~ A~ '" ~ ' "::' ":" ' "~ :'"':':' :""'~':~"': ....:" ~" ' ' '" [10 ~:'~:~. ? :...~'.:.~ . ~.,. .-.~. -..~.~[+~ ..... : .:, ....:~: .-.~-.:.... .,... . -.-. .. ~ ~.-~.~..' -:. ~ "r-.. .:. ~ · . '..~ . :~,,, , .. ~ ~ -. ~ ..._: ~.- .~....~.-....~.~..~ ?..~. , ...... ~:?,~?..':..,".- - :~ .~ ,~ . ~ -- . .' ... -.- . ...~:..~:.~:~.:.~:_. ~:.~.~ ....... '~:~.'.~ : : · ' '.' x , ~. .~:'~.~>>..- '~:.': ~:-.., .... ~ ' · :.: .~:., :..... ~:"::~:~:" ~ '" "~' :: ' '::~" d '~' :_ :- ~: '.':': :'~':'." '." :~... .... ~.~. ~ ... ~ .' ' '~F.'. .. . .~.'~::~ Application: Transfer of ownership of an existing T~e 21(off-sale general). : . ~:~, ..... Applicant: Samouh Jamil & Smouh Jamila ' "'2 ' " · ."' -. Address: 8114 A~ow Hi.way '.:~ ~ .. Description: New ownership of market. . "."~c,i (~ Site and Surrounding Zoning: " ...... " . '~ -. ,~ ' .: - . - :' t .... Site: General Commercial. ~ -.: Noah: Low Residential. ~'-~ , South: General Commercial. ~ , %~,/:.~':. . .. ,.. :.,: . ~'. . . '~.: ~ '... L3..' East: Low Residential. [:~ "~}(:~;::' ~'~ ......~ .' ...... "' West: CiW Boundau (Upl~d). :.. '5. ;'- ::' - : .... ~ . .- ~,-. .. ~ ..,.-~.. ,.~ ~ .... ~:..,~' ~ : .. .. . . CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: August 19, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager Rick Gomez, Community Development Director REQUEST TO ENTER INTO A ATTACHMENT PERMIT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND METRICOM, INCORPORATED. It is recommended that an Attachment Agreement between the City of Rancho Cucamonga, and Metricom, Inc. be established to govern each party's respective rights and obligations for the attachment, installation and maintenance a wireless digital communications radio network on facilities in the public right of way within the City. BACKGROUND: Metricom, Inc., is a digital wireless communication provider located in Los Gatos, California. Metricom has established service already in use in northern California. The success of this program depends upon it's being available wherever a wireless modem user might reasonably expect to go. The attachment device uses a portion of the radio spectrum for low powered, non FCC licensed systems. The attachment that would be placed on utility poles is about the size of a shoebox, will allow portable computer owners to access the Internet without connecting to a telephone line. ANALYSIS: Community Development/Administration staff, in conjunction with the City Attorney's office, has reviewed the draft Agreement form. A final Agreement (attached) has been approved by the City Attorney's and contains the following key elements of the terms and conditions. /57 CITY COUNCIL STAFF REPORT METRICOM, INC. August 19, 1998 Page #2 TERMS AND CONDITIONS: The conditions of the proposed franchise agreement are as follows: It is a non-exclusive franchise. The initial lease term shall be five (5) years with two (2), five (5) year options to extend. The agreement shall commence when construction starts or six (6) months after the agreement is executed by both parties, whichever is the first to occur. Metricom must give the City a 120 day written notice of its desire to renew, and the renewal is subject to City approval. Metricom will pay the City a franchise fee equal to 5% of its gross receipts for the term of the Agreement. Metricom will pay an annual fee of sixty dollars ($60) for the use of each City owned utility pole or other City structure used. The franchise agreement requires City approval before it can be assigned to another entity. However, the City's approval may not be "unreasonably" withheld. o Metricom will reimburse the City for work incurred in preparing and implementing this agreement. RECOMMENDATION: Staff recommends the Mayor sign the agreement entering into a Attachment Agreement Permit with Metricom, Inc. Re~p.e~bmitted, ~i k~velopment Director RO/js Attachment Wireless Nervy ork Cupertino (California) Experimenting to Gain Quicker Access To Information N the r, ext couple of ?ears. police officers in Cupe~ino. Califomi'a. might stop using radios to ors m,~ht not ha~e to enter a building engulfed with t'lames without knowing what's inside. Instead of using :heir radios. police officers could pull out personal digital assistant to check information. Firefighters could use a laptop computer to access building blueprints and hazardous materials information wire!essly. Cupertino Mayor Walty Dean is spearheading a project to interconnect all government agencies. including public safety. to a micro cellular data net,a'ork. Public safety agencies could benefit from this technology by having greater access to city data bases to pro'.'{de information about tire scenes and to transmit pictures of crime scenes. The network is being'set up by Metricore. a Los Gatos. California-based company. to transmit data. Company cia[s said the service ~ili be expanded to other cities in the San Francisco Bay Area and that the company plans to have the system operational in 30 other U.S. metropolitan areas by the end of 1996. One of the company's slogan's is "Kiss .,,'our phone jack o_oodbye." and many people are doing just that in Cupe~ino. ~'sing wireless modems, residents are sending electronic mail accessing data from computer data bases and communicating via the tritemet..',lost government agencies in the city already use the system. including the local post office. school system and city council. Dean said residents of the city can order stamps using the system and can participate in wireless city council meetings. The city is still experi- menting with the technol- ogy for use in l~al public safety agencies. but the technology promises to offer public safer.', officers quicker access to data. "\Ve ,.,,'ant to make sure e~ ep,'thing ,aorks before public safety agencies stzu-~ uqng it full time." Ma.,, or Dean said. "Our goal for r~he police depamment is for e,,ery officer to have a h~ptop computer and transrob all reports wirelessl?'." The mayor said this technology will give o~ficers more free- One of hundreds of pole-top radios that form a wireless data network in Cupertino, California. Note the antenna on the radio box faces downward. Photo courtesy of Metricore dom and aI[ow them to spend more time on the streets. The laptop computers transmit data using Richocher modems pro- vidin~ an RF over-the-air data rate of [00 kbps. Th~ city' also is working with a satellite company' to make it The ci~ also is working with a satellite company to make it possible for officers to transmit photos of crime scenes, using a digital camera already on the market, to a satellite and back to ci~ comp. ~ters. possible for officers to transmit photos of crime scenes. using a digital cam- era already on the market. to a satellite and back to city computers. Mayor Dean said the biggust problem they' are having accomplish- in,, this is convertin~ the city's computers from an ARC format to a O[F format. a commonly used computer lan- guage to transre, it and vie~ photographic images. "it's not a ~najTor hurdle; it's mostly a matter of re-,,~ riling the software program used by the city's computers." the ma',or said. Mayor Dean said the city is working on a way for the fire Reprinted with permission from the June 1995 issue of the APCO Bulletin, published by the Association of Public-Safety Communications Officials-International, Inc., 2040 S. Ridgewood Ave., Sou~h Daytona, Florida 32119-8437 * (904) 322-2500 ~ department to access [he cky's data base containing inforotation about ~ea build- m~s. Firefighters a,'Ti','ing on ~he scene o( :~ fir~ could access info,atica about haz:~rdous materials. building r~oo~[an~ and irffomnafion about occupants. reduce communications costs for gov- ernment agencies. Cu~entl? the system is priced at 530 a month per ~odem in- s~ead of a per-minute charge used by most ceilMar coglets. The Richoctet network relies on easi- ly deployed radios operating on the license-free 902-928 XlHz portion of the radio spectrum to trans- mic messages. Radios use AC power and can be placed just about anywhere -- on build- ings. streetlights or church steeples. Director of Co~orate Communications Sandy Gordon said. "When used ~tith powerful mi- croprocessor technolo- gy'. spread-spectrum radio communication systems have the poten- tial to vield much higher data capacities with greater spectrum effi- ~ ' ' ciencv than traditional ~ forms of radio commu- nications. The technique o~ spreading the trans- mitter signal across a sho~ band of frequen- cies allows many users to share the same band. [n essence, spread spect~m actually makes more-efficient use of a given band of frequencies because so many radio transmissions can take place simul- taneously without inte~e~ng with one another." The strength of the system is its abili- ty to adjust to changes in the network. Each pole-top radio is assigned a geo- graphic address (latitude and longitude) and pincod in a mesh configuration from a qua~er mile to two miles opal. Radios have computer intelligence aliowing units to deterinc where, when and under what conditions to transmit. if cer- tain channels are busy' or have integer- once. the radio can within microseconds dete~qine ~t herher or not to mo~e data to another channel or to another radio. [nterna! roemort' in the radios keep track o( hundreds o,f radio links and can select ?ore an', one to re-route da~a. When ur. hs are po',~ered-up. a Metri- core-de', ebped sof:',vare a!gofi:hm initi- aEeS a "p>eudo-r~ndom" frequency hop- ping poE;era using a large number of radio charmeR. Through the built-in ac- quisition routine. radios communicate ,.~ ith neighboring radios Eo !earn their identify. geographic location. how well they can communicate wiEh each other and the frequencies where they can be found. When the process is comp!e:e, a radio sends data packets by adjusting its A Ricochet wireless data modem that will link public safety officials to Cupertino's computer network. Photo courtesy of Metricore frequency to the position of the intended receMng radio. Because Metricom's patented radio- to-radio routing method is based on the ~eo~raphic address of each radio. the need for static routing tables and the time and effor~ maintaining them is eliminated. company officials said. If a radio is unavailable or out of service, the data packet being transmitted across the network is immediately re-routed to the dosest available radio. Unlike the tradi- tional "star" topology network, a single point of failure does not bring down the entire net~,,ork. the company said. Wireless data networks using a star topology ty'picMiy have a powerful cen- tral radio :o~er direct tragic and relay messages between subordinate smaller ..... '-~:~- abng ~ sin<ie communica- tions oath. The Rioboche: ser~. ice a!lo~.t cato p,,-,-,et> to enter and ~.xi: ['ne ~to~x at an} pole-top location. The trans- mission radius of each radio is a qua~eT- mi:e to ~',e miles depending on tehran. building cype and ~opotogF' zover~e. Networks can be re-conEgured. expand- ed or scMed back simply b~ adding remo~ ing pole<op radios. To tie the network ~ogether economi- cally'. a Wired Access Poin~ ~WAP) tablished at the center of each cluster lO0 to 120 of the net ~or~ > radios. A XRAP is c!us:er of radios a~tached frame relay net~t ork. Dam packets are sent from one WAP ~o anon'n- er via Frame relay or similar ~t ire~ service. The network is tF pi- caily designed so a data packet requires no more than two or ~hree hops before reaching a WAP. Packets can move from %%P in one city' to WAP in oho[her oily through Me~ricom's Network Interconnection Facilities (NIFs) that control movemenc of packets across Richochet's wide-area network. Da:a transmit- ted by a subscfiber's Ricochet wireless modem hops from radio- to-radio-to-WAP<o-NIF until it rea:hes its desti- nation. A destination could be another Richocher modem, a public packet switched network like the IntoreeL an online sea'ice or a LAN. Cupe~ino Mayor Dean said ~he net- work will evolve to include products that are close to being on the market. He said the city is working with the manufacturer of a language translator that ~'ould allow offfleers to speak to people in other languages. The ohEcer would simply select say. Spanish. hold up the device. speak into it. and t~as said would be repeated in Spanish. The possibilities for using Micro Cellular net~orks seem almost limidess to Wally Dean and MetNcom officiMs. "You ~e only ~imited by your imagina- tion with this ~echnology, "Dean said. Metricom, Inc. 980 University Avenue, Los Gatos, CA 95030 (800) 434-4460 · www. ricochet. net· info@ricochet.net M~cam Iz~ ~,O ~ A~:.. ~ Gztz:~s, CA 9:5030 Poletop Radio Mounting 2/ EXFtlBIT "A" DESCRII"'TION OF RADIOS z 22. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: August 19, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager Jerry Fulwood, Deputy City Manager/Acting Community Services Director Paula Pachon, Management Analyst II !~¥ Approval of Resolution Authorizing the Department of General Services of the State of California to Purchase Vehicle for the Senior Transportation Prolrram in the amount of $46,692.61 to be Funded From Account Number 01-4532-7045 RECOMMENDATION: Staff recommends that the City Council approved the attached Resolution to enable staff to purchase the vehicle for the senior transportation program through the Procurement Division of the General Services Department of the State of California. BACKGROUND/ANALYSIS: As City Council is aware staff has been researching various vendors for the purchase of a 15 passenger, paratransit bus for the senior transportation program. Through careful analysis the Purchasing Division has been able to obtain the best option through an agreement with the State of California Procurement Division of the General Services Department through a piggy-back/cooperative purchase agreement and through the competitive biding process to choose the most compliant, responsible, lowest bidder. The vehicle meets all current ADA requirements. The State's bid was also the most responsive in terms of delivery date. FISCAL IMPACT: Purchase of the vehicle for the senior transportation program has been budgeted through the budget process under account 01-4532-7045. Total cost for the vehicle including all ADA requirements is $46,692.61. R s~f~ully submitted, Deputy City Manager/Acting Community Services Director Attachment 2.3 RESOLUTION NO. 98- /~/'o~, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE ONE 15- PASSENGER, PARATRANSlT BUS ON BEHALF OF THE CITY OF RANCHO CUCAMONGA PASSED, APPROVED, AND ADOPTED this 19th day of August, 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 19th day of August, 1998. Executed this th day of ,1998, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk Resolution # 98-142 Be it resolved that the City Council of the City of Rancho Cucamonga does hereby authorize the Procurement Division, Department of General Services of the State of California, to purchase one ( 1 ) 15-passenger, paratransit bus for and on behalf of the City of Rancho Cucamonga pursuant to Section 10324 of the California Public Contract Code, and that Joan A. Kruse, Purchasing Manager is hereby directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the City of Rancho Cucamonga. I hereby certify that the foregoing is a true and accurate copy of the resolution duly and regularly adopted by the City Council of the City of Rancho Cucamonga at a meeting thereof held on the 19th day of August, 1998, and that the same now appears of record in my office. In witness thereof, I have hereunto set my hand and affixed by official seal this 19th day of August, 1998. CITY OF RANCHO CUCAMONGA Nar~ of Local Agency 'Nhme of Custo{t~dn of Record Debra d. Adams, CMC, City Clerk Titl/~C~todian o ~Re4~o r d~//,~ Signature / -- William J. Alexander, Mayor Name and Title of Official Signing 8/20/98 8/20/98 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 19, 1998 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Mafia E. Perez, Assistant Engineer SUBJECT: APPROVAL TO VACATE THE SOUTHERLY 2 FEET OF THE EASEMENT FRONTING YOUNGS CANYON ROAD FROM WEST OF KOCH PLACE TO THE WESTERLY BOUNDARY OF TRACT 13566-2 - TMP HOMES APN: 226-321-01 RECOMMENDATION It is recommended that the City Council adopt the attached resolution ordering the summary vacation of the southerly 2 feet of the landscape easement fronting Youngs Canyon Road from west of Koch Place to the westerly boundary of Tract 13566-2 as shown and described in Exhibits "A" and "B" attached hereto. BACKGROUND/ANALYSIS On November 20, 1996, City Council approved tract map 13566-2 and 13566 for 42 single family lots. The tract has since recorded. The City's current policy is to reduce the publicly maintained areas whenever possible. The 2 feet strip to be vacated is in excess of our standard community trail width of 20 feet. The developer would like to incorporate these 2 feet into the adjacent yards. The Planning Commission at a regular scheduled meeting held March 11, 1998, found through minute action that the vacation is in conformance with the General Plan and the Etiwanda Specific Plan. Section 8333, paragraph (b) of the Streets and Highways Code states a local agency may summarily vacate a street or highway if the date of dedication or acquisition is less than five years passed, and more than one year immediately preceding the proposed vacation, and the easement was not used continuously since that date. The subject street has not yet been used by the public. Respectfully submitted, William J. O'Neil City Engineer WJO:MEP:dlw Attachments r ! --' J{~ TRACTS J 13 564 J - · ~se~ SITE CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION ITEM: TITLE: EXHIBIT: V-154 VICINITY MAP 2~ CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION ITEM: TITLE: EXHIBIT: V-154 PROJECT "B" 27 RESOLUTION NO. qs'-Iq3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF THE EASEMENT FRONTING YOUNGS CANYON ROAD WEST OF CHERRY AVENUE- APN 226-321-01 WHEREAS, by Chapter 4, Article 1, Section 8333, of the Streets and Highways Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate a portion of the landscape easement fronting Youngs Canyon Road west of Cherry Avenue, herein more particularly described; and WHEREAS, the City Council found by all the evidence submitted that the date of dedication or acquisition is less than five years and more than one year immediately preceding the proposed vacation, and the easement was not used continuously since that date. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council hereby makes its order vacating that portion of the landscape easement fronting Youngs Canyon Road between Koch Place and the westerly tract boundary, as described in a legal description which is attached hereto, marked Exhibit "A", and by reference made a part hereof. SECTION 2: That from and after the date the resolution is recorded, said portion of the landscape easement fronting Youngs Canyon Road between Koch Place and the westerly tract boundary no longer constitutes a public landscape easement. SECTION 3: That the City Clerk shall cause a certified copy of this resolution and exhibits to be recorded in the office of the County Recorder of San Bernardino County, California. SECTION 4: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. EXHIBIT A THAT PORTION OF LOTS 20, 21, 22, 23 AND 24 OF TRACT NO. 13566-2 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALI]7ORNIA PER MAP FILED 1N BOOK 264 PAGES 5 THROUGH 8 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAD COUNTY DESCRIBED AS FOLLOWS: PARCEL 1 THE SOUTHERLY TWO FEET OF THE NORTHERLY 6 FEET OF SAID LOTS 20, 21, 22 AND 23. PARCEL 2 BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 24; THENCE SOUTH 00°18'13" EAST 4.00 FEET ALONG THE WESTERLY LINE OF SAID LOT TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE NORTHERLY LINE OF SAiD LOT NORTH 89041'47" EAST 66.00 FEET, TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY ALONG SAD CURVE 39.27 FEET THROUGH A CENTRAL ANGLE OF 90000'00"; THENCE SOUTH 00°18'13" EAST 2.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY 39.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE SOUTH 89041'47" WEST 66.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT; THENCE ALONG SAID WESTERLY LINE NORTH 00° 18'13" WEST 2.00 FEET TO THE TRUE POINT OF BEGINNING. DAY OF S9ELTON, L.S. 5347 , 1998. DATE: TO: FROM: SUBJECT: CITY OF RANCHO CLCA IONOA S T AFF RE PO.RT August 19, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer APPROVAL OF A RESOLUTION ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL 1998/99 THROUGH 2002/03 AND TWENTY YEAR TRANSPORTATION PLAN BEGINNING IN FISCAL YEAR 98/99 AS REQUIRED FOR MEASURE I FUNDS AND APPROVAL OF A RESOLUTION AMENDING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1997/98 THROUGH 2001/02. RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the Local Measure I Five-Year Capital Improvement Program and Twenty-Year Transportation Plan as requested by SANBAG to provide a public record of the intended use of Local Measure I funds; and approve the attached resolution amending last years Local Measure I Five-Year Capital Improvement Program BACKGROUND/ANALYSIS Measure I, the county-wide transportation sales tax program, requires that each local jurisdiction receiving program revenues annually adopt a Five-Year Capital Improvement Program and a Twenty- Year Transportation Plan which outlines the specific projects upon which those funds shall be expended. Staff has prepared the attached Five-Year Capital Improvement Plan schedule to be adopted by City Council and kept on file with the San Bernardino Associated Governments for informational purposes. The Five-Year list has been over-programmed to allow for spillage and to insure that the adopted plan contains ample projects for Measure I expenditures. If changes are necessary (additions or deletions), the plan may be altered at each annual adoption or intermittently with City Council approval. SANBAG has advised us the Twenty-Year Transportation Plan for Local Measure I funds can be a list ofproj ects for a 20-year period or narrative policy statement estimating the types of projects Local Measure I funds are to be used for, and the percentage of funds allocated for each type of project. Since it is difficult to list actual projects 20 years in advance, staff recommends Council approve the policy statement. CITY COUNCIL STAFF REPORT August 19, 1998 Page 2 Various funds were carried over from FY96/97 to FY97/98 in the form of purchase orders, and as such, expenditures occurred in FY97/98 that were not identified in the Five-Year Plan for that particular year. It is now necessary to amend the previous plan to reflect those expenditures. Respectfully submitted, ~ O'Neil City Engineer WJO:dlw Attachments 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~- 0 0 0 0 0 0 0 0 u 0 ~ 0 0 0 0 0 0 0 0 0 0 0 CO 0 0 0 0 {/3 0 ~ 0 ~3 0 0 0 0 u 0 0 o 0 (/3 0 rn 0 U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E< 0 0 0 o o. ,o ~3 0 0 0 0 0 0 0 0 ~0 0 0 0 0 5 0 0 0 -~ o 8 c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 RESOLUTION NO. 9 '4qq' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING TIKE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 1998/99 THROUGH 2002/03 AND TWENTY-YEAR TRANSPORTATION PLAN BEGINNING IN FISCAL YEAR 98/99 FOR THE EXPENDITURE OF MEASURE I FUNDS On Wednesday, August 19, 1998, on motion by , seconded by , and carried, the City Council of the City of Rancho Cucamonga, County of San Bernardino, finds as follows: WHEREAS, San Bernardino County voters approved passage of Measure I in November 1989 authorizing San Bernardino Associated Governments, acting as the San Bernardino County transportation Authority, to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino, and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 89-1 of the Authority, and WHEREAS, Expenditure Plans of the Ordinance require each local jurisdiction receiving revenue from the tax to expend those funds pursuant to a Five Year Capital Improvement Program and a Twenty Year Transportation Plan adopted by resolution of the local jurisdiction, and WHEREAS, Expenditure Plans of the Ordinance also require that each local jurisdiction annually adopt and update the Five and Twenty year plans. NOW, THEREFORE, BE IT RESOLVED that the City Council of the County of San Bernardino, State of California, hereby adopts the Measure I Five Year Capital Improvement Program and Twenty Year Transportation Plan, a copy of which is attached to this resolution. RESOLUTION NO. qg-lq5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 1997/98 THROUGH 2001/02 On Wednesday, August 19, 1998, on motion by , seconded by , and carried, the City Council of the City of Rancho Cucamonga, County of San Bernardino, finds as follows: WHEREAS, San Bernardino County voters approved passage of Measure I in November 1989 authorizing San Bernardino Associated Governments, acting as the San Bernardino County transportation Authority, to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino, and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 89-1 of the Authority, and WHEREAS, Expenditure Plans of the Ordinance require each local jurisdiction receiving revenue from the tax to expend those funds pursuant to a Five Year Capital Improvement Program and a Twenty Year Transportation Plan adopted by resolution of the local jurisdiction, and WHEREAS, Expenditure Plans of the Ordinance also require that each local jurisdiction annually adopt and update the Five and Twenty year plans. NOW, THEREFORE, BE IT RESOLVED that the City Council of the County of San Bernardino, State of California, hereby adopts the amended Measure I Five Year Capital Improvement Program. CITY OF tL,~,NCHO £. b £.AMON STAFF REPORT DATE: TO: FROM: BY: SUBJECT: August 19, 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 MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT MAP NO. 12659, LOCATED SOUTH OF WILSON AVENUE, EAST OF HANLEY AVENUE, SUBMITFED BY CENTEX HOMES, A NEVADA GENERAL PARTNERSHIP RECOMMENDATION It is recommended that the City Council adoptthe attached resolutions approving Tract 12659, accepting the subject agreement and securities, ordering the annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7, and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. BACKGROUND/ANALYSIS Tract 12659, located at the southwest comer o£ Etiwanda and Wilson Avenues in the Very Low Residential District, was approved by the Planning Commission on November 13, 1985, £or the division of 67.67 acres into 138 lots. The final Tract No. 12659 is £or the division of' 12.76 acres into 33 lots. The Developer, Centex Homes, is submitting an agreement and securities to guarantee the construction of the off- site improvements in the following amounts: Faithful Performance Labor and Material Monumentation $544,700.00 $272,350.00 $ 4,O00.00 Copies of the agreement, securities and the Consent and Waiver to Annexation form signed by the Developer are on file in the City Clerk's office. Respectfully submitted, William J. O~eil City Engineer Attachments I ',S TAFFRP'IkTR 12659..~vp d RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL TRACT MAP 12659 IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES WHEREAS, the Tentative Map of Tract No. 12659, submitted by Centex Homes, A Nevada General Partnership, and consisting of 33 lots located on the southeast corner of Hanley and Wilson Avenues, was approved by the Planning Commission of the City of Rancho Cucamonga and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Tract Map No. 12659 is the final map of the division of land approved as shown on said Tentative Tract Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Securities by Centex Homes as developer; and WHEREAS, said Developer submits for approval said Tract Map offering for dedication, for street, highway and related purposes, the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said Improvement Securities 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; and that the offers for dedication and the final map delineating the same for said Tract Map No. 12659 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF TI~ CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 12659 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 7, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 7 (hereinafter referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the property as shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder. EXHIBIT 'A' ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 7 STREET LICHTING MAINTENANCE DISTRICT NOS. I AND 7 .,.:?. CITY OF RANCHO CUCAMONGA '"'~.. ':"!. ~ ~i:'~ . COUNTY OF SAN BERNARDINO ~~....~ STATE OF CALIFORNIA f/~/~'~-~ EXHIBIT "B" WORK PROGRAM PROJECT: TRACT 12659 STREET LIGHTS: Dist. 5800L S1 --- S7 11 NLrMBER OF LA/VIPS 9500L 16,000L 22,000L 27,500L LANDSCAPING: Dist. L7 Community Equestrian Trail D.G.S.F. Turf Non-Tuff Trees S.F. SF. Ea. ...... 80 ASSESSMENT UNITS: Assessment Units By District Parcel DU S1 S7 L7 N/A 32 32 32 32 Annexation Date: August 19, 1998 Form Date 11/16/94 WILSON ~ AVE SITE SUMMIT AVENUE HIGHLAND CITY OF RANCHO CUCAMONGA ITEM: ' ,,7"/~ ENGINEERING DIVISION TITLE: ~/"/C//1//T)'",~,'~ ~ j~' EXHIBIT: C CITY OF RANCH() CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: August 19, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager Jerry Fulwood, Deputy City Manager Jenny Hamyama, Management Analyst Approval of Drug Abuse Resistance Education (1).A.ILE.) Memorandum of Understandin~ for Fiscal Year 1998-1999 RECOMMENDATION It is recommended that the City Council approve the attached Memorandum of Understanding (MOU) between Alta Loma, Central, Etiwanda and Cucamonga School Districts, the County of San Bernardino and the City of Rancho Cucamonga for the D.A.R.E. Program for Fiscal Year 1998-99. The MOU reflects a $104,200 contribution from the four School Districts with a matching amount of $104,200 from the City of Rancho Cucamonga. This activity is budgeted in account # 01-4451-0000. BACKGROUND The D.A.R.E. Program was first implemented by City Council as a pilot program during Fiscal Year 1990-1991. The D.A.R.E. Program currently includes two (2) D.A.R.E. Officers, and provides drug abuse education and training to all public 5th grade classes. This year, the School Districts will jointly contribute $104,200, and the City will contribute a matching $104,200. The total projected D.A.R.E. Program cost for Fiscal Year 1998-1999 is $208,400. 1}(¢spectfully Submitted, ;~. Fu~l'wo~ Deputy City Manager Attachment: D.A.R.E. MOU MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by the Alta Loma, Central, Etiwanda, and Cucamonga School Districts, along with the County of San Bernardino, and the City of Rancho Cucamonga for the purpose of jointly sponsoring and continuing the Drug Abuse Resistance Education (D.A.R.E.) program. In order to accomplish this goal, the agencies listed below will contribute the following dollar amounts to be used for the continuation of the D.A.R.E. program: Alta Loma School District -- $48,974; Central School District -- $28,134; Etiwanda School District -- $18,756; Cucamonga School District-- $8,336; the City of Rancho Cucamonga - $104,200. The County of San Bernardino will provide two D.A.R.E. officers in accordance with the terms and provisions of the contract for police service between said County and the City of Rancho Cucamonga to be shared between the four school districts on a proportional basis based upon the dollar amount contributed by each district to the program (Alta Loma School District -- 47% of the officer's time; Central School District -- 27% of the officer's time; Etiwanda School District -- 18% of the officer's time; and Cucamonga School District -- 8% of the officer's time. This shall be effective from July 1, 1998 through June 30, 1999. If modifications are necessary before or at that time, they will be added to this Memorandum of Understanding by mutual agreement of all parties involved. We hereby agree to this Memorandum of Understanding and certify that the agreements made here will be honored. ,, .... , , //' Signature Alta Loma School District, Superintendent Signature District, Supe~fitendent Signature Etiwanda School District, Superintendent Signature Signature Signature Cucam~,o../~ School District,'~uperintendent County o~S aS a er~ard'ino, Sheriff City of Rancho/~amonga, Mayor DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT August 19, 1998 Mayor and Members of the City Council Jack Lain, AICP, City Manager Jerry Fulwood, Deputy City Manager/Acting Community Services Director Paula Pachon, Management Analyst II ~'1/ Approval of Agreement with Rancho Cucamonga Family YMCA to Implement and Deliver a Senior Transportation ProTram RECOMMENDATION: It is recommended that the City Council approve the attached Agreement with the Rancho Cucamonga Family YMCA to implement and deliver a senior transportation program. BACKGROUND/ANALYSIS: As City Council is aware, staff has been meeting with the Rancho Cucamonga Family YMCA for the past several months to discuss plans for forming a partnership venture between the YMCA and the City to implement a senior citizen van transportation program. Diana Lee Mitchell, Executive Director with the YMCA took the concept of the program to her Board of Directors in May, 1998, and has received direction to proceed with the program. In June, 1998, staff discussed with City Council the negotiating points as well as other items that staff believed needed to be explored further with the YMCA. During the month of July and early August, 1998, staff has been exploring vehicle options for the program. With the approval of a resolution with the State of California, General Services Department, staff will be able to purchase through a piggy back/cooperative agreement with the State a 15 seat passenger, paratransit bus that meets all current requirements as set forth by the Americans with Disability Act for the senior transportation program. Approval of the attached Agreement with the YMCA is the final step, prior to receiving the bus, that needs to occur to implement this program. ReSpectfully submitted, rry Fulwood Deputy City Manager/Acting Community Services Director Attachment CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August19,1998 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Jerry Fulwood, Acting Community Services Director BY: Janie Lynch, Recreation Coordinator SUBJECT: Approval of Contract for Use of the Mulberry Early Learning Center RECOMMENDATION: It is recommended that the City Council approve the contract for the use of one classroom, plus use of common areas, parking lot, rest rooms and play ground, at the Mulberry Early Learning Center, which is a facility governed by the San Bernardino County Superintendent of Schools. Fiscal Impact: Rent for the facility use will be charged to the City at the rate of $1 annually. Additionally, the City will contribute to the cost of custodial service, general upkeep and maintenance of the facility and utilities, not to exceed $200 per month, for the months of September 1998 through June of 1999. These expenses will be paid for by the Playschool program budget 13- 4563-6028-4224, and integrated into the programs fees. BACKGROUND: The San Bernardino County Superintendent of Schools has been planning a new program for preschool children with language and speech deficiencies, as well as mild learning disabilities. They have leased space at a business park on Arrow and Archibald and are developing it as the Mulberry Learning Center. The County was interested in a collaborative effort with the City and offered us use of a classroom for our Playschool program. This would allow the children with disabilities the opportunity to be around and integrate with children in the City's program. Registration for the City's program would still be handled by the City. The County has proposed that we incorporate some integrated activities into these classes. We anticipate there will be two types of integration, joint activities in the facility's indoor playground area (no more than once per week, per class) and a selection of children in the County Special Education Program would have an opportunity to participate in the Playschool program during structured classroom activities on an infrequent basis. (Not more than once a week for a 1 hour period, and not more than 3 students on any occasion). CITY OF iRANCHO CUCAMONGA -- STAFF REPORT DATE: August 19, 1998 TO: Mayor and Members of the City Council Jack Lmn, AICP, City Manager FROM: Rick Gomez, Community Development Director William J. O'Neil, City Engineer BY: Michelle Dawson, Management Analyst II SUBJECT: Approval of Agreements to Join the State of California Department of General Services Electric Procurement Program for Public Agencies RECOMMENDATION It is recommended that the City Council agree to join the State of California Department of General Services Electric Procurement Prograin for Public Agencies and authorize the Mayor to sign the attached agreements. BACKGROUND/ANALYSIS For the past several months, City staff has been studying the deregulation of the electric industry and the options and opportunities available through the restructuring process. Since September, 1997, staff has been participating in the Western Riverside Council of Governments (WRCOG) and the San Bernardino Associated Governments (SANBAG) Electrical Restructuring Task Force. The purpose of the Task Force is to explore the options available to municipal agencies in the restructuring of the electrical industry. In January, 1998, the Task Force retained a consultant, Henwood Energy Services, to assist the group's efforts to obtain savings in the restructured electric market. After much investigation, the Task Force recently forwarded their Summary of Findings (copy attached) to the participating agencies. The recommendation of the Task Force and the consultant is that member agencies join the Electric Procurement Program for Public Agencies which is being administered by the State's Department of General Services (DGS). By joining the DGS program, the energy consultant estimates that the City of Rancho Cucamonga could save approximately $34,000 per year on electricity costs. This is approximately 3% of our am~ual costs. A copy of the savings analysis prepared by the consultant is attached. Assembly Bill 1890, the electric restructuring law, only deregulated the generation portion of the electric industry. Southern California Edison (SCE) will continue to provide the majority of our electric services, including transmission and distribution. Our electric bills will continue to come from SCE which will remit the generation portion of our payment to the energy service provider. Mayor and Members of the City Council Jack Lam, AICP, City. Manager Approval of Agreements to Join the State of California Department of General Services Electric Procurement Program August 19, 1998 The term of the agreement is one year, at which time the City will evaluate the benefits of our participation in the program. Respect~lly Rick C orr_{-nunibSrl)'Cvelopment Director RG/md Atlachments: Summary of Findings from SANBAG/WRCOG Task Force Savings Analysis Prepared by Consultant Hemvood Energy Services Electric Service Agreement "Attachment 4: ESP & DGS/EA Customer Responsibility" .r'- Western Riverside Council of Governments County of Riverside, City of Banning, City of Beaumont, City of Carlmesa, City of Canyon Lake, City of Corona, City of Hernet, City of Lake Elsinore, City of Moreno Valley, City of Murrieta, City of Norco, City of Perils, City of Riverside, City of San Jacinto, City of Temecula ELECTRICAL RESTRUCTURING TASK FORCE SUMMARY OF FINDINGS August 10, 1998 1/ To achieve maximum savings, members should take advantage of the State of California, Department of General Services, Electric Procurement Program.. Note; participants must enter this program by August 31, 1998, therefore speed is of the essence. Henwood Energy has the required list of account numbers available to accompany your submission to the Department of General Services. 2/ We recognize that there are certain concerns which may restrict participation in the State of California, Department of General Services, Electric Procurement Program. We have been in contact with both the San Diego Association of Governments (SanDAG) and CommonWealth Energy Services, their power provider. It appears that Inland Empire Power Pool members would be welcome to join the SanDAG Power Pool at their next open enrollment period, in May, 1999. We will continue to develop this option. 3/ In the last stages of the options evaluation, a potential local alternative was identified. At this point there is no firm offer on the table. However, we will investigate this alternative and present it to members by December, 1998, if such an option becomes available. You will note that only Option 1 is solid and available today. The deadline for participation in the Department of General Services, Electric Procurement Program is fast approaching, necessitating this multi-phase recommendation. 3880 Lemon Street, Suite 300 * Riverside, CA 92501 · (gog) 787-7985 · Fax (gog) 787-7991 S TA T-E 3F STANDARD AGREEMENT STD. 2 ~','. 5.9t) - APPRO'CE-D BY Ti,~ ATT. O,~_N~ Y C-E N! .~KL: THIS AGR.EEMENI, made and entered into tiffs __ day of .I998, CO.N .--k, ~.CT NL.A,~£R 3~\L NO in Lhe State of Cali£ornia, by and between State of California, Uhrougl it's duIv dected or appointed, qualified and acting TITLE OF OFFICER .ACTING ?OR ST.-VrmZ iGEXCY Dept. of General Senices, Real Estate Senices Div. Chief Ener~' Assessments Section (hereafi, er called the DGS EX). and NON' STATE ,~GE.N'C Y (hereafter called the DG$ E.4 Customer), ELECTRIC SERVICE AGREEMENT The Parties agree as follows: 1. Purpose of the A.qreement DGS/EA has entered into a Master Service Agreement with certain Electric Service Providers with the intent of having these entities provide electricity and/or related services to DGS/EA Customers. The purpose of this Agreement is to set forth the obligations that DGS/EA and DGS/EA Customers have in order to allow DGS/EA Customers to gain access to these Electric Service Providers pursuant to the Master Service Agreement. Continued... NON-STATE GOg~NblEN~ AGENCY I STATE OF CALIFO~NL~ AC-~X:Y Department of General Senices Real Estate SenSces Division (AL-ZdO?d~D S [GN'A~) B Y (.ALTqO~ED S~C-NATL~ ) PRi.N-FED >:.20.2 OF PERSON StGNTNG .A3, IOLIT-:' _--T.;CL.%~E.:LED BY T'r~S $ PPJOR A.}.['3,:.2'U ~CL%~EFSD FOR $ ?ROGR. A.\[ CA/EGORY (CODE AND TITLE) iTEM TOTAL .z2. Ri, l'.~ P,.iCm~%~E?._ED TO DATE S .~%-- 'Work Or, ~:er Nun',.bcr: [ hereby ¢ertif? upon rny o**n personal know[edge that budgeted runds are a*,'ail:~bl¢ f¢}r the period and purpose of the expenditure stated ubo~e. S [Z- >: A NL?S 'l) ? A:Z ,Z 0 LbFT [ NG 0 ~ [ C E R P?~_, .~D N.-~% ~ AND TITLE OF PERSON SIGNrNG DOUGLAS M. GRANDY If'k.D'D?,ZS5 Chief, Ener~' Assessments Section ?-L~ND T[W_E DEPAJ~,ITM E>-r OF CF_N-ERAL SER~,'ICES USE ONLY C?L-k. ,:r~zz,k STATLli RSCAL 'fEAR T S A >/0 E R NO Page! 2. Definitions "Account" means a specific DGS/EA Customer electric account, as identified by meter number and location, and/or UDC account number in Appendix A. "CPUC" means the California Public Utilities Commission or its successor agency with regulatory jurisdiction over the retail sale of electric services in California. "DGS/EA" means the State of California's Department of General Services, Energy Assessments Section. "DGS/EA Customer" means , a public agency, which intends to receive electricity and/or related services through this Agreement. "Direct Access" means the provision of electric power and related services to an end-use customer by an entity other than its UDC. "Direct Access Service Request" (or "DASR") means the document submitted to a UDC pursuant to its Direct Access tariff(s), initiating a change in either an end-use customer's Electric Service Provider or conditions of service by an electric service provider. "Electric Commodity" means unbundled electric requirements, as defined in Section 6.2 of this Agreement. "Electric Service Provider" (or "ESP") means an entity other than the UDC that provides electric power and/or related services to an end-use customer pursuant to the UDC's Direct Access tariff(s). "FERC" means the Federal Energy Regulatory Commission. "Full Service Provider" means a provider of bundled electric commodity, Scheduling Coordination, and Revenue Cycle Services under this Agreement. "Independent System Operator" (or "lSO") means the California Independent System Operator. "Interval Meter~' means a meter that meets all applicable requirements established by the CPUC's Direct Access rules, as set forth in Appendix A to D.97-10-087 and any other applicable CPUC decision or rule. Page 2 "Master Service Aqreement" (or "MSA") means Master Service Agreement RFP MSA 7013 (and Revision A) between the Service Providers offering electric services to DGS/EA Customers and DGS/EA. "Power Exchan.qe" (or "PX") means the California Power Exchange as identified in Chapter 2.3 of the California Public Utilities Code. "Prudent Electric Practice" means those practices, methods and acts, including provision for contingencies, that electric utilities and ESPs within the Western United States commonly used to provide electric services reli'.dbly, safely, efficiently and economically and in accordance with all applicable laws and governmental rules, regulations and orders. "Requirements" means the total amount of electric power necessary for a DGS/EA Customer Account to meet its needs during a particular monthly billing cycle. "Revenue Cycle Services" generally means services related to the metering and billing of electric power. Such services may include, without limitation: metering services (including meter sales, installation, testing and maintenance), meter data management services (including meter reading, validation, editing, transferral and record keeping), billing services, and preparation and dissemination of customer information. "Schedulinq Coordinator" means the person or entity responsible for matching the DGS/EA Customer's electric power load with generation and for submitting electric power schedules as prescribed by the CPUC, FERC, and other applicable reliability guidelines and requirements. "Service Provider" means an ESP selected by DGS/EA to offer services under this Agreement to DGS/EA Customers. "Utility Distribution Company" (or "UDC") means the public utility providing distribution wire service to the DGS/EA Customer. 3. Term and Termination This Agreement shall be effective from the date noted above. Either Party may terminate this Agreement upon 60 days' written notice, provided that all Accounts, as shown in Appendix A, have completed their service term, and provided that the DGSIEA Customer has made all payments due under the Agreement. Unless terminated earlier in accordance with Sections 3, 9 or 10 of this Agreement, tmis Agreement will terminate on March 31, 2000, or upon completion of the term(s) of any appendices to this Agreement, whichever is later. 4. Authority and Aqency Relationshi~ Parc 3 The DGS/EA Customer appoints DGS/EA as the DGS/EA Customer's agent for the term of this Agreement to coordinate the procurement of electricity and related services for the Accounts listed in Appendix A, and to take such actions, including the execution of agreements with third parties, as are reasonably required in order to provide services under this Agreement. Unless DGS/EA is identified in this Agreement or in an appendix hereto as a provider of electric services, DGS/EA is acting solely as an agent in the procurement process and does not take title to any electricity delivered by a Service Provider to a DGS/EA Customer, and does not assume legal responsibility for such deliveries or liability for any failure of a Service Provider. The DGS/EA Customer recognizes that DGS/EA has made all reasonable steps '~0 ensure that each Service Provider is capable of providing reliable service to DGS/EA Customers. However, DGS/EA cannot guarantee any third party's pedormance of that party's separate responsibilities to the DGS/EA Customer. 5. DGS/EA Obli.qations DGS/EA shall be responsible for arranging for the procurement of electric Requirements and associated services for the Accounts identified in Appendix A. It is the desire of DGS/EA to make the procurement of electric Requirements and services simple and reliable, and at a price within the range of the California market for similar goods and services. In the provision of these services, DGS/EA or its authorized agents will: Offer DGS/EA Customers a variety of options for the acquisition of electricity and related services, including Scheduling Coordination and Revenue Cycle Services, in accordance with applicable California law and agency requirements, at rates, terms and conditions deemed reasonable to DGS/EA in accordance with the MSA; provided that rates, terms and conditions for specific service options offered by third party service providers or by DGS/EA shall be as set forth in the appendices attached hereto; · Execute a UDC-ESP Service Agreement and comply with all laws, orders, and regulations governing ESPs (if providing service as an ESP). Protect from disclosure to entities other than the Service Provider all DGS/EA Customer Account usage data and other customer information identified as confidential by the DGS/EA Customer, unless such data or information is publicly available or required to be disclosed in order to comply with any applicable law, order or regulation; · Monitor the pedormance of al Service Providers; Periodically update the electric service options available to DGStEA Customers by soliciting bids for electric Requirements and associated services from suppliers, and inform each DGS/EA Customer when new services become available; Page Participate in relevant CPUC electric proceedings to assess the impact of regulatory developments on DGS/EA Customers; Provide general information, advice and additional assistance on any matters associated with the provision of electric service to the DGS/EA Customer Accounts listed in Appendix A. For example, DGS/EA will provide DGS/EA Customers with information regarding service options, etc. DGS/EA Customer Options Under this Agreement, a DGS/EA Customer may select a "bundled" or "full" service option, in which a Full Service Provider supplies firm or interruptible electric power Requirements (either "all source" power or :'green power" obtained from renewable generation sources), together with all associated Scheduling Coordination and Revenue Cycle Services (including meter services, meter data management, billing and customer information). Alternatively, a DGS/EA Customer may opt to separately select, on an "unbundled" basis, one or more of these services. In the appendices to this Agreement, the DGS/EA Customer shall indicate which options and Service Provider(s) it has chosen, and which goods and services it has agreed to purchase through DGS/EA under the terms of this Agreement. In Appendix A to this Agreement, the DGS/EA Customer has listed all Accounts (identified by location and UDC account number) subject to this Agreement 6.1 Full Service A DGS/EA Customer choosing to take service from a Full Service Provider will receive firm or interruptible electric Requirements and associated services according to the rates, terms and conditions set forth in the applicable appendix to this Agreement, the MSA, and any additional contract between the DGS/EA Customer and the Full Service Provider. In general, the Full Service Provider will supply or arrange for the provision of electric commodity (either "all source" or green power, according to the DGS/EA Customer's election), together with all necessary Scheduling Coordination, transmission and distribution, and Revenue Cycle Services. 6.2 Unbundled Electric Commodity A DGS/EA Customer purchasing "Unbundled Electric Commodity" service under this Agreement will receive firm or interruptible electric Requirements according to the rates, terms and conditions set forth in the applicable appendix to this Agreement, the MSA and any additional contract between the DGS/EA Customer and the Service Provider. The Service Provider will coordinate as necessary with the providers of Scheduling Coordination and/or Revenue Cycle Services. Page 6.3 Unbundled Schedule Coordination A DGS/EA Customer purchasing "unbundled Schedule Coordination" service under this Agreement will receive Scheduling Coordination service at the rates, terms and conditions set forth in the applicable appendix to this Agreement, the MSA and any additional contract between the DGS/EA Customer and the Service Provider. The Scheduling Coordinator will coordinate as necessary with the providers of commodity and/or Revenue Cycle Services. Unless otherwise indicated, the Scheduling Coordinator will perform all necessary Scheduling Coordination functions, and initially pay all charges associated with Scheduling Coordination assessed by the ISO and the PX. This obligation includes, without limitation: 1) scheduling electric power deliveries to each DGS/EA Customer Account subject to the tariffs and protocols of the ISO and PX; 2) providing all ancillary services required for the transportation of electric power to the Delivery Point(s); 3) compensating the ISO for transmission losses; 4) paying charges of the ISO and the PX; and 6) paying for energy imbalance and unaccounted for energy charges imposed by the ISO. The Scheduling Coordinator may, in pedorming its responsibilities, rely upon the ISO's real time balancing services in a manner consistent with the provisions of the MSA, applicable, tariffs, and Prudent Electric Practice. 6.4 Unbundled Revenue Cycle Services A DGS/EA Customer purchasing electric power from a non-DGS/EA supplier may opt to separately purchase "unbundled Revenue Cycle Services" under this Agreement. In general, such services will consist of metering services, meter data management (including meter reading), billing and customer information services. Details regarding such services and the applicable rates, terms and conditions are set forth in the appendices to this Agreement and in separate contracts with individual Service Providers. If a DGS/EA Customer receives Unbundled Electric Commodity, Schedule Coordination or Revenue Cycle services under this Agreement, it must arrange for all necessary coordination between its commodity supplier, Scheduling Coordinator and/or Revenue Cycle Services provider(s) in a manner that is agreeable to all parties and will enable the effective provision of services under this Agreement. 6.5 Interval Meter Purchase and Installation According to the currently applicable rules and regulations of the CPUC, a DGS/EA Customer Account with a load of 50 kW or more must have an Interval Meter that meets the technical specifications approved by the CPUC.~ If the DGS/EA Customer is taking service from a Full Service Provider, the Full Service Provider will supply new meters (if needed), together with necessary testing, certification and maintenance, at the rates, terms and conditions indicated in the applicable appendices. Otherwise7 a DGS/EA Customer may purchase a meter separately from one of the Service Providers offering unbundled Revenue Cycle Services. A DGS/EA Customer may not begin receiving service under this Agreement until an appropriate meter has been installed, tested and certified as meeting the CPUC's requirements. DGS/EA Customer Obliqations The DGS/EA Customer agrees to: Purchase through DGS/EA, and from the indicated Service Provider(s) (if other than DGS/EA) its electric Requirements and/or other services associated with the Account(s) listed in Appendix A at the rates, terms and conditions set forth in the applicable appendices; Pay to DGS/EA a service fee that shall be set forth in Appendix B to this Agreement. If meter consumption data is maintained by a Meter Data Management Agent ("MDMA") other than DGS/EA or a Service Provider providing services through the DGS/EA procurement process, the DGS/EA Customer must provide DGS/EA with written proof that the MDMA is qualified under the applicable requirements of the CPUC. The MDMA must submit monthly meter consumption data to the Service Provider which provides the billing services. The data must be submitted on a schedule and in a form to be prescribed by DGS/EA or the Service Provider; Cooperate with DGS/EA when DGS/EA prepares requests for proposals, bids, contracts or other documents in order to allow DGS/EA to offer existing or additional electric services to the DGS/EA Customer. (Such cooperation will include providing data and other information that DGS/EA requires in order to prepare such documents.); "As of the date of this Agreemen{, interim CPUC regulations pcmdt accounts v, ith a maximum demand (as defined in the bT)C taNIfs) betx~een 20 and 50 kW to take sen'ice from non-bT)C electric sen'ice providers without installing an inten'al meter. Be advised, hoxvever, that this permissive reg-ulation may be eliminated in the future. DGS/'EA Customars ~x-ith loads less than 50 kW are adxised to consult with DGS/1EA regarding metering and load profiling options. Page 7 · Make payments to the Service Provider providing billing services in the amounts invoiced, in accordance with the applicable Service Provider's procedures; Notify DGS/EA and the Service Provider(s) in advance of any scheduled changes in operations that might cause its estimated electric Requirements to significantly change. Unscheduled changes in operations should be brought to the attention of DGS/EA and the Service Provider as soon as possible. Such changes in operations would include, but not be limited to, shutting off major equipment, new facilities being added to the load, etc. Should the DGS/EA Cusiomer fail to advise DGS/EA and the Service Provider of any changes in operations as soon as such changes are known, the DGS/EA Customer will be liable to the Service Provider for any increased costs or penalties incurred as a result. Provide written notification to DGS/EA of any significant problems or delays regarding the provision of services by a Service Provider under the MSA and this Agreement. 8. Billin.c] and Payment The DGS/EA Customer's billing preferences are set forth in Appendix C to this Agreement. First, the DGS/EA Customer has a choice of which party shall render invoices to the DGS/EA Customer. The DGS/EA Customer can opt to have the UDC, the Electric Service Provider, or DGS/EA provide the total bill (containing the others' charges) to the DGS/EA Customer. Alternatively, the DGS/EA Customer may choose to have disaggregated billing, in which the parties would render separate invoices for their respective charges. Secondly, the DGS/EA Customer also should indicate whether it prefers a single master invoice or multiple invoices. If the DGS/EA Customer chooses to receive multiple invoices, it must clearly indicate the manner in which it wishes Accounts to be grouped for invoicing purposes. Procedures for billing and payment will be established separately by the Service Provider, and set forth in an appendix to this Agreement and/or in a separate contract between the Service Provider and the DGSIEA Customer. 9. Default and Dispute Resolution The failure of either the DGS/EA Customer or DGS/EA to fulfill any material duties or obligations under this Agreement shall be a default. The Parties shall deal in good faith and attempt to resolve potential disputes informally. Any dispute arising under the terms of this Agreement that is not disposed of within a reasonable period of time by discussion between the representatives of DGS/EA and the DGS/EA Customer normally responsible for the administration of this Agreement shall be brought to the attention of each Party's department director or desigsee for joint resolution. If agreement cannot be reached through the intervention of the department directors/designees, either Party may pursue its rights and remedies in any manner permitted by law. 10. Requlatow Chan.qe Should the CPUC, FERC, the California Legislature, or UDC act in a manner that is in conflict with sound business practices, or imposes significant unanticipated risk on either Party to this Agreement, or substantially prevents either Party from performing its functions under this Agreement, the Parties shall meet and negotiate in good faith an appropriate amendment to this Agreement. If the Parties are unable to renegotiate the terms of this Agreement either DGS/EA or the DGS/EA Customer may terminate this Agreement on no less than 90 days' notice, provided, however, that if the date the anticipated change is scheduled to take effect less than 90 days from the completion of negotiations, then termination may occur on the day that the change commences. The DGS/EA Customer shall pay any service fees incurred prior to termination. The Parties agree that delay in full implementation of Direct Access by the ISO, FERC, the CPUC or any other regulatory or judicial entity shall not be considered a regulatory change under this section unless the Parties mutually agree to consider it such. 11. Assiqnment Neither Party shall assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Neither DGS/EA nor the DGS/EA Customer may, in any event, assign this Agreement to any non-public entity. 12. Inte.qration This Agreement and applicable appendices constitutes the entire agreement between the Parties. No amendment, modification or change to this Agreement shall be enforceable except by written amendment agreed to and executed by both Parties. No waiver, benefit, privilege or service voluntarily given or pedormed by either Party shalI give the other any contractual right by custom: estoppel, or other,vise. Page 1 3. Limitation of Liability The DGS/EA Customer acknowledges and agrees that to the extent DGS/EA is arranging for provision of any services under this Agreement via contract with third parties, DGS/EA shall have no liability for the actions of those third parties. In any event, the Parties' remedies under this Agreement shall be limited to direct actual damages only. Neither Party shall be liable for consequential, incidental, punitive, exemplary or indirect damages, lost profits or other business interruption damages of any kind. 14. Conflict with Existin.q Law The DGS/EA Customer and DGS/EA agree that if any provision of this Agreement is found to be illegal or unenforceable, such provision shall be stricken and all remaining provisions of the Agreement shall remain in full force and effect. 15. PUBLIC ENTITY EXPENDING STATE FUNDS: The contracting parties shall be subject to the examination and audit or the Auditor General for a period of three years after the final payment under the contract (Government Code Section 10532) if the amount is over $10,000. 16. AMENDMENT: This agreement may be amended by written mutual consent of both parties. 17. NONDISCRIMINATION CLAUSE: During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40) marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7885.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor Pn~e t0 organizations with which they have a collective bargaining or other agreement. This contractor shall include the nondiscrimination and compliance provision of this clause in all subcontracts to pedorm work under this contract. 18. STATEMENT OF COMPLIANCE: The Contractor, by signing the contract, constitutes a certification under the penalty of perjury under the laws of the State of California that the Contractor has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12900 (a-f) and Title 2, California Code of Regulations, Section 8103. 19. DRUG-FREE WORKPLACE CERTIFICATION: By signing this contract, the contractor grantee hereby certifies under penalty of perjury under the laws of the State of California that the contractor or grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug free workplace by taking the following actions: A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). B. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and 4) penalties that may be imposed upon employees for drug abuse violations. C. Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract: 1) will receive a copy of the company's drug-free policy statement; and, 2) will agree to abide by the terms of the company's statement as a condition of employment on the contract. Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both and the contractor or grantee may be ineligible for award of any future state contracts if the department determines that any of the following has occurred: (1) the contractor or grantee has made a false certification, or (2) violates the certification by failing to carry out the requirements as noted above. 20. AMERICANS WITH DISABILITY ACT: By signing this contract, Contractor assures that state that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101 et seq.), whic'n Pagc 1I prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. 24. Notices All notices to DGS/EA should be sent to: Department of General Services / Energy Assbssments 717 K Street, Suite 409 Sacramento, CA 95814 Attn: Electric Program Manager Communications regarding routine matters or emergencies should be via telephone, fax or e-mail to the appropriate customer representative. Page i2 All notices to the DGS/EA Customer should be sent to: Name: Address: Attn: If the DGS/EA Customer wishes to supply contact names and numbers for individual Accounts, such information should be included in Appendix A. APPENDIX A SUMMARY OF ACCOUNT INFORMATION DGS/EA Customer name: Facility name and location address:2 3. UDC: UDC Account number(s): 4. Billing address: Billing codes (if any): Contact (for scheduling/delivery questions): Name: Phone: Fax: Contact (for billing questions): Name: Phone: Fax: 8. Other: :Please complete a separate Summars' of Account [rLformation form for each £acility location. If a £acilit'v has more than one Account at the same address. please cleafiv idcntig' each account in response to Question 3. Page i4 o .E 0 0 0 0 0 0 0 0 0 0 0 ._u d d d d d d d d d d d o ~ E E E = E E E E ~ ~ E ~ ~ E E E ~ E o ~ EEE~E APPENDIX B DGS/EA SERVICE FEE Effective July 1, 1998, the DGS/EA monthly service fee for services provided under this DGS/EA Interagency Electric Service Agreement shall be .25% (25/100t"' of a percent) of the product of: (a) the otherwise applicable tariff rate and (b) the consumption in kWhrs. For example: if the UDC would have charged $100-in a month for service to a DGS/EA Customer, then the DGS fee would be $0.25 (i.e., .25% times $100). This service charge may be adjusted from time to time, subject to prior 30-day written notice by DGS/EA to the DGS/EA Customer. Except for the event described below the total of the DGS/EA service fee, plus all other applicable charges from DGS/EA, Service Provider(s) and the UDC, will not exceed the amount that the DGS/EA Customer would be charged for equivalent bundled service under the otherwise applicable UDC rate schedule. In the event that the DGS/EA Customer chooses a service option which is priced above market (e.g., green power priced at a premium), the preceding paragraph does not apply. 7/ APPENDIX C DGSIEA CUSTOMER's BILLING PREFERENCES Invoices Should Be Submitted To The DGS/EA Customer By: The Local Utility Distribution Company (UDC) DGS/EA The Energy Service Provider Each party ("Disaggregated" Bills) Style Of Billinq F-~ Master (all DGS/EA Customer's Accounts Shown) F-'-] Multiple Locations (e.g., Invoices by Dept. or Geography) Note: During the first few months of service, billing option is defaulted to the UDC- Master option. DGS/EA will convert billing to the preferences, as indicated above, as soon as practicable. "~"~Tq'~'I'IFI~T"'"" .... ]"~TT ......']Iris1 I~iiI~ITI IqglTllr] r' 71'1C ATTACFEX lENT ~ ESP & DGS/EA CUSTO:X'~R RESPONS[BFL[TY The purpose of this Attachment is to establish the responsibilities of'Commonwealth Energ2~ (the "Electric Service Provider") and the California Department of'Corrections (the "DGS/'EA Customer"), also referred to herein individually as "Party" and collectively as the "Parties". Recitals The Electric Service Provider is a private corporation with headquarters located at 15991 Red Hill Avenue, Suite 201, Tustin, CA 92780. The DGS/EA Customer is a state or local public sector entity that purchases electric services pursuant to an agreement with DGS/'EA. The DGS/EA Customer intends to purchase electric services from the Electric Service Provider, and the Electric Service Provider intends to provide such electric services, pursuant to the terms and conditions oftNs Attachment 4, the associated Service Order and the MSA 7013 (including all revisions thereto). 1. Definitions "Account" means a specific DGS/EA Customer account, as identified by meter number and location and/or UDC account number in Attachment I to the associated Service Order. "CPUC" means the California Public Utilities Commission or its successor agency with regulatory jurisdiction over the retail sale of'electric services in California. "Delivery Point" means the point at which the facilities of the UDC interconnect with the DGS Customer's facility. ':DGS/'EA Service Fee" means the service fee paid to DGS/EA by the DGS/'EA Customer pursuant to Appendix B of the agreement betw'een DGS/EA and the DGS/EA Customer. "Direct Access" means the provision of electric power and related services to an end-use customer by an entity other than its UT)C. ';Direct Access Service Request" or "DASR" means the document submitted to a UDC pursuant to its Direct Access tariff(s), initiating a change in either an end-use customer's Electric Set'vice Provider or conditions of' service by an Electric Service Provider. "Electronic Data Interchange" or ';EDI" means the capability to exchange data between the DGS/EA Customer and the Electric Service Provider as needed to conduct business under this Attachment 4. Such capability shall also include the ability to make electronic payments for services rendered under this Attachment 4. "Electric Service Provider" or "ESP" means an entity other than thk UDC that provides electric power and/or related services to an end-use customer pursuant to the UDC's Direct Access tadif(s). "FERC" means the Federal Energy Regulatory Commission. "Force Majeure" shall have the meaning set forth in the MS.&, except that the definition of Force Majeure shall not include a regulatory change, which is separately defined and addressed in Section 11. "Full Service Provider" means an ESP that provides electricity and required associated services such as scheduling coordination and revenue cycle services. "Independent System Operator" or "ISO" means the California Independent System Operator. "Interval Meter" means a meter that meets all applicable requirements established by the CPUC's Direct Access rules, as set forth in Appendix A to D.97-10-087 and any other applicable CPUC decision or rule. "Master Service Agreement" or "MSA" means Master Service Agreement RFP MSA 7013 between the Electric Service Provider and DGS/EA, including its appendices and any subsequent revisions to either the MSA or its appendices. "Power Exchange" or "PX" means the California Power Exchange, as identified in Chapter 2.3 of the California Public Utilities Code. "Prudent Electric Practice" means those practices, methods, and acts, including provisions for contingencies, that electric utilities and ESPs within the western United States commonly employ' to provide electric services reliably, safely, efficiently, economically and in accordance with all applicable laws and governmental rules, regulations and orders. "Requirements" means the total amount of electric power necessary for the DGS/EA Customer Account to meet its needs during a particular monthly billing cycle. ':Revenue Cycle Services" generally means services related to the metering and billing of electric 7¢ power. Such services may include, without limitation: metering services (including meter sales, installation, testing and maintenance), meter data management services (including meter readin.~. validation, editing, transferral and record keeping), billing services, and preparation and dissemination of customer information. "Service Order" means a letter agreement prepared by DGS/EA, and executed by DGS/EA and an Electric Service Provider, describing and specifying rates, term~'and conditions applicable to the electric services procured through DGS/EA and available to DGS/EA Customers. ':Utility Distribution Company" or "UDC" means the public utility company providing distribution wire service to the DGS/'EA Customer. "U'DC Charges" means charges imposed by the UDC under applicable tariffs for electric services provided to a customer taking Direct Access sep,'ice from an Electric Service Provider. Such charges may include, without limitation, distribution service charges, ISO access charges, competitive transition charges, charges for public purpose programs and other nonbypassabte charges, applicable taxes and franchise fees. 2. Term and Termination The term of this Attachment 4 shall coincide with the term of the associated Service Order. To the extent that the Service Order or the agreement between DGSfEA and the DGS/EA Customer are terminated, for any reason, then this Attachment 4 also shall terminate on the same date. In addition, this Attachment 4 may also terminate in accordance with Sections 9 or 12 of this Attachment 4. 3. Relationship with MSA The DGS/EA Customer has chosen to purchase senices from the Electric Se~'ice Provider as a result of the Electric Service Provider's participation in the DGS/EA solicitation process, and on the basis of the Electric Service Provider's promise to provide service in accordance with rates, terms and conditions set forth in the Master Services Agreement ("MSA"). Therefore, the Electric Service Provider agrees that it will provide service to the DGS/EA Customer that is consistent with the relevant terms and conditions in the MS& and with any Service Order issued thereunder. DGS will not take possession of electricity' nor be liable for payments associated with this serMce. DGS acts as an agent for its client agencies arranging delivery of electrical services. 4. Obligations of Electric Sep,'ice Provider set-vice A. 4.1 Provision of Electric Services The Electric Service Provider, acting as a Full Service Provider, shall be responsible for supplying electric Requirements, schedule coordination, and Revenue Cycle Services to the DGS/EA Customer Accounts identified in Appendix A hereto.t Unless the DGS/EA Customer expressly agrees that services may be provided by an agent or subcontractor, all services ghall be provided directly by the Electric Service Provider. The DGS/EA Customer's selection from among the Electric Service Provider's ser,Ace options (if any) and metering information shall be indicated for each Account in Appendix A. Such services shall be governed by the terms and conditions in the MS& and associated Service Order(s), this Attachment 4 and applicable appendices hereto. 4.2 Direct Access Service Arrangements Unless otherwise provided in a Service Order or appendix to this Attachment 4, the Electric Service Provider will be responsible for preparing, submitting and obtaining the timely approval of the Direct Access Service Request ("DASR") and any other documents necessary to arrange with the UDC for the commencement of service under this Attachment 4. The Electric Service Provider will keep the DGS/EA Customer and DGS/EA informed as to the progress of such arrangements. 4.3 Schedule Coordination Unless otherwise indicated herein, the Electric Service Provider will perform all necessary scheduling coordination functions, and initially pay all charges associated with schedule coordination assessed by the Independent System Operator ("ISO") and the California Power Exchange ("P~'). This obligation includes, without limitation: 1) scheduling electric power deliveries to each DGS/EA Customer Account(s) subject to the tariffs and protocols of the ISO and PX; 2) providing all ancillary services required for the transportation of electric power to the Delivery Point(s); 3) compensating the ISO for trans~ssion losses; 4) paying any congestion charges imposed by the ISO; 5) paying for the administrative charges of the ISO and the PX; and 6) paying for energy imbalance and unaccounted for energy charges imposed by the ISO. The Electric Service Provider may, in ~ If the Parties are contracting for bundled serw'ice for some Accounts and unbundled for others, the services applicable to each Account should be clearly indicated in Appendix 4 performing its scheduling coordination responsibilities, rely upon the ISO's real time balancing services in a manner consistent with the provisions of the MSA, applicable tariffs, and Prudent Electric Practice. 4.4 Compliance with ESP requirements The Electric Service Provider shall comply with all laws, regulations, standards and tariffs applicable to it as an Electric Service Provider pi'Oviding services to the DGS/'EA Customer. 4.5 Coordination with other Service Providers The Electric Service Provider acknowledges that the DGS/'EA Customer may choose to purchase new meters (together with installation and testing services) from another entity. If this occurs, the Electric Service Provider is obligated to coordinate as necessary with the entity providing such metering services, to share DGS/EA Customer information, if necessary, and to othervise act in a manner that facilitates the effective and timely performance of each party's obligations to the DGS/EA Customer. 4.6 Responsibility for Performance of A=ents If an agent of the Electric Service Provider is to provide any services under this Attachment 4, the Electric Service Provider assumes full responsibility for the agent's performance under the terms of this Attachment 4 and the MS.k, and will be liable to DGS/EA and/or the DGS/EA Customer for any default or failure to perform. 4.7 DGS/EA Service Fee The DGS/EA Customer has, pursuant to Appendix B of the agreement between the DGS/EA Customer and DGS/EA, agreed to pay DGS/'EA a service fee in exchange for services rendered that agreement. The Electric Service Provider shall include this DGS/EA Service Fee as a separate line item in its monthly invoice to the DGS/EA Customer. The ESP shall, upon collection of this set-vice fee from the DGS/EA Customer, turn over such monies to DGS/EA according to procedures that shall be established by agreement between DGS/T~A and the Electric Service Provider. Obli=ations of DGS/EA Customer 5.1 Obligation to pa_,,' for Electric Se~'ices The DGS/EA Customer will pay for the electric services provided under this Attachment 4, at the rates set forth in Appendix A and pursuant to the terms and conditions set forth below. Regardless ofxvhether the DGS/EA Customer has chosen Consolidated or Separate billing, the DGS/EA Customer agrees to pay all invoiced charges in full and in a timely manner in accordance with Section 8 of this Attachment. The DGS/EA Customer will also reimburse th~ Electric Service Provider for any costs or service charges that may be imposed by the UDC for arranging service changes. 5.2 Information/Access to Facilities The DGS/EA Customer ,,viii provide the Electric Sen'ice Provider information and all other assistance necessary for preparation of the DASR and as otherwise needed for implementation of Direct Access service to the DGS/EA Customer's Account(s). The DGS/EA Customer authorizes the Electric Service Provider to obtain information from the UDC regarding the DGS/EA Customer's electric power load profile, billing, credit histocr and metering arrangements to the extent necessary,' for performance of obligations under this Attachment 4. The DGS/EA Customer further authorizes the Electric Service Provider to obtain metering data, usage or other information relevant to billing inquiries or disputes from the UDC or from any ESP providing metering, meter data management or similar services to the DGS/EA Customer. DGS/EA Customer information shall be protected in accordance with the confidentiality provisions in the MSA and this Attachment 4. The DGS/EA Customer will identify in Appendix A the Account(s) (if any) requiring installation of'new inte~'al meters prior to initiation of service under this Attachment 4. If necessary, the DGS/EA Customer will provide the Electric Service Provider access to on-site meters and other interconnection facilities. Access shall be provided at a time convenient to both parties. 5.3 Notice of Chanze in Electric Power Load The DGS,,TA Customer will use its best efforts to provide at least 5 days advance notice to both the Electric Service Provider and DGS/EA of any change in operations (e.g. the DGS/EA Site is shut do,,,,2, increases or reduces its electricity usage, begins a new level of operations) or other event that would significantly affect the level oFDGS/'EA Customer Requirements. Unless the Parties expressly agree otherwise, a change in the DGS,rEA Customer's Requirements will not alter the Electric Set-vice Provider's obligation to supply electric power to meet all Requirements, nor will it affect the rates charged under this Attachment 4. 75' 5.4 Compliance with Regulatory Requirements The DGS/'EA Customer shall be responsible for complying with all laws, regulations, standards and tariffs applicable to it as a purchaser of Direct Access se~'ices. 6. Transfer of Title/Pdsk of Loss Unless otherwise provided herein, title to, possession of, and risk of loss of electric power shall transfer from the Electric Service Provider to the DGS/'EA Customer at the Delivery Point. The Electric Service Provider warrants title to the electric power sold and delivered under this Attachment 4, free and clear of all liens, claims and encumbrances arising prior to the Delivery Point, and the Electric Service Provider warrants the right of the Electric Se~'ice Provider to sell such electric power. The Electric Service Provider shall be deemed to be in exclusive control (and responsible for any damages or injury caused thereby) of the electric power prior to the Delivery Point, and the DGSfEA Customer shall be deemed to be in exclusive control (and responsible for any damages or injury caused thereby) of the electric power at and after the Delivery Point. 7. Rates and Billing Determinants The rates for services provided by the Electric Service Provider under this Attachment 4 are set forth in Attachment 1 to the associated Service Order. The rate for electric power will, unless otherwise indicated, be multiplied by the DGS/EA Customer's energy usage measured at the Delivery Point(s) and adjusted by the UT)C's applicable distribution loss factor. The Electric Service Provider expressly warrants that the DGS/EA Customer's total monthly bill for electric Requirements, inclusive ofalI charges including the DGS/'EA Service Fee, shall not be greater than what the DGS/EA Customer would have paid to its UDC for similar service at tariffed rates during the applicable billing month. 8. Billin_q. and Payment 8.1 Choice of Billin~ Method The DGS,qEA Customer has a choice between Consolidated or Separate Billing service. If'the DGS/EA Customer opts for Consolidated Billing, all charges, including U'DC Charges, will be combined in a single monthly hilt. If'the DGS/EA Customer opts for Separate Billing, the UDC Charges will be billed separately by the UDC under applicable tariffs. The DGS/EA Customer's choice of'billing method is indicated in Appendix C of the associated Ser~'ice Order. 77 8.2 Level of Detail The DGS/EA Customer may, depending on its needs and preferences, opt for either a single master invoice or multiple invoices (e.g. dividing service into subgroups). If the DGS/EA Customer chooses to receive 'multiple invoices, it must clearly indicate the manner in which it wishes Accounts to be grouped for invoicing purposes. The DGS/EA Customer's choice of level of detail is indicated in Appendix C of the associated Service Order. The DGS/'EA Customer has the option of changing its instruction regarding the level of detail upon 60 days written notice to the Electric Service Provider. 8.3 Invoicinx and Pavment Procedures The Electric Service Provider, or its agent, ,MI1 issue a monthly invoice detailing the applicable charges and credits, and also providing additional information, including an estimate of the cost of'equivalent tariffed service from the UDC, for purposes of comparison. The DGS/'EA Customer MII remit full payment of all invoiced charges to the Electric Service Pro~4der in accordance with the Master Service Agreement. Payment should be in the form of'electronic funds transfer or other means mutually agreed upon in writing by the Parties. If the DGS/'EA Customer has opted for Separate Billing, the DGS/EA Customer's obligation to pay charges separately by the UDC shall be independent of the DGS/EA Customer's obligation under this section. Such payments shall be remitted directly to the UT)C, and questions or disputes concerning the UT)C bill must be directed to the UDC. 8.4 Billina Disputes If there is a dispute between the DGS/EA Customer and the Electric Service Provider as to either: (a) the existence of a billing error or (b) the amount of a billing error, the other Party should be notified immediately'. In order to provide a measure of finality to billing, the opportunity for either Party to submit notice of a billing error is limited to 90 days from the date of the inx.'oice; provided, however, that this time limit may be waived by express agreement between the Parties. Upon notification or discove~ of'any error, the Electric Serx'ice Provider will review the invoice and calculate what correction (if any) is necessary. The Electric Service Provider will attempt to incorporate any necessary correction in the next invoicing cycle. If, following the Electric Serx'ice Pro,,'ider's initiaI investigation of the alleged error, there remains a dispute o~'er billing, the Parties shall endeavor, through good faith negotiations, to resolve the dispute by' mutual agreement within 30 days after the completion of the Electric Set-vice Provider's initial investigation. This good faith negotiation period may' be extended by mutual agreement between the Parties. If a settlement cannot be made within the designated negotiation period, the Parties will proceed to arbitration, as provided in section 10. 8.5 Failure to Pay If the DGS/'EA Customer fails to pay any monthly invoice in full and/or is late in submitting payment, the Electric Service Provider may, in addition to any other remedy permitted to it under the law and this Attachment 4, (a) require a reasonable advance deposit on any future services to be provided by the Electric Service Provider to the DGS/EA Customer, or (b) upon 30 days notice, terminate this Attachment 4 or suspend or terminate service to the specific DGS/'EA Customer Accounts for which payment has not been rendered, in accordance with the applicable rules and policies of the CPUC. In addition, the Electric Sen'ice Provider may charge the DGS/EA Customer interest on any unpaid amount, subject to the limitations set forth in section 926.17(b) of the Government Code. In any event, the DGS/EA Customer ,,,,'ill have a continuing obligation to pay' in full all outstanding charges and any applicable penalties. Default and Termination 9.1 Default Except in the event of a Force Majeure event as defined in section 11 below, the failure of either the DGS/EA Customer or the Electric Service Provider to fulfill any material duties or obligations under this Attachment 4 shall be a default. Unless otherwise provided herein, the following procedures shall apply in the event of default. 9.2 Notice, Cure and Remedies Upon occurrence of a default, the non-defaulting Party shall give the other Party timely written notice of default. The defaulting Party shall have 30 days after the issuance of such notice to cure the default or, for defaults that cannot be cured within such time, to take steps to commence to cure the default and diligently pursue such cure. If after 30 days the defaulting Party has not cured or commenced efforts to cure the defauIt, the non-defaulting Party may' terminate this Attachment 4 or terminate serx'ice to the specific DGS,,rEA Customer Accounts associated with the default, without further notice, or seek any other remedy available under applicable laws and consistent with the terms of this Attachment 4. No xvaiver by any Party hereto of any default by the other Party in the performance of any of the provisions oftNs Attachment 4 shall be construed as a waiver of any other default. In the event that the EIectric Sep,'ice Provider shall fail, for any reason, to supply electric Requirements under this Attachment 4, the Electric Service Provider will be solely responsible for payment of any resulting imbalance charges imposed by the ISO or any other charges or penalties that may result from such failure. 9.3 Request For Assurances If at any time the DGS-EA Customer for any reason believes or suspects that the Electric Set-vice Provider may be unable to supply electric services, or in imminent danger of losing its ability to supply electric set-vices according to the terms of this Attachment 4, the DGS-EA Customer may request from the Electric Set-vice Provider a written assurance of its continuing ability to perform Such request shall be submitted in writing. If the Electric Service Provider does not provide reasonable assurance of its continuing ability to perform within 48 hours of receipt of the DGS-EA Customer's request, the DGS-EA Customer shall have the right to terminate this Attachment 4 without further notice; provided, however, that if the failure to provide assurances is due to the existence of a Force Majeure event, the rights and obligations of the Parties shall be governed by section 11. 10. ,Arbitration Any dispute or need of interpretation arising out of this Attachment 4 pertaining to the calculation of a termination payment or other payment shall be submitted to binding arbitration by one arbitrator who has not previously been employed by either Party, and does not have a direct or indirect interest in either Party or the subject matter of the arbitration. Such arbitrator shall either be as mutually agreed by the Pa:ties witkin thirty day's a~er written notice from either Party requesting arbitration, or failing Attachment 4, shall be selected under the expedited rules of the .American .Arbitration Association .Arbitrations under this Attachment 4 shall alternate in location between the home offices (or designated fieId offices) of the Par-ties, commencing with the DGS/EA Customer's office. The rules of the A.A_A shall apply to the extent not inconsistent with the rules specified in this Attachment 4. Either Party may' initiate arbitration bv written notice to the other Party, and the arbitration shall be conducted according to the following: (a) Not later than seven days prior to the hearing date set by the arbitrator each Party shall submit a brief with a single proposaI for settlement; (b) The hearing shall be conducted on a confidential basis; (c) The arbitrator shall be limited to selecting only one of the two proposals submitted by' the Par~ies; and (d) Each Party 10 shall divide equally the cost of the arbitrator and the hearing, and each Party shall be responsible for its own expenses and those of its counsel and representatives. 11. Force Majeure If either Party is unable as result of Force Majeure to carry out, in whole or in part, its obligations under this Attachment 4, the obligations affected by the Force Majeure shall be suspended to the extent required until the Force Majeure event has been remedied. The Party claiming Force Majeure shall provide notice to the other Party as soon as possible and shall provide a written description of the basis of the claim within 10 days of the event. The Parties shall make reasonable efforts to avoid and/or mitigate the adverse impacts of any Force Majeure event and to resume performance at the earliest opportunity. Disputes regarding the existence of Force Majeure shall be resolved through good faith negotiations between the Parties, or failing such resolution, through the arbitration procedures set forth in section 10. Force Majeure does not affect the obligation to make timely payments for electric set-vices purchased prior to or during the Force Majeure event. 12. Re,oulatorv Change Should the CPUC, FERC, the California Legislature, or UDC act in a manner that is in conflict with sound business practices, or imposes significant unanticipated risk on either Party to this Attachment 4, or substantially prevents either Party from performing its functions under this Attachment 4, the Parties shall meet and negotiate in good faith an appropriate amendment to this Attachment 4. If the Parties are unable to renegotia~e the terms of this Attachment 4 either DGS/'EA or the DGS/'EA Customer may terminate this Attachment 4 on no less than 90 days notice, provided, however, that if the date the anticipated change is scheduled to take effect less than 90 days from the completion of negotiations, then termination may occur on the day that the change commences. The DGS/'EA Customer shall pay' for all electric sen'ices received prior to termination at the price in effect prior to such termination. The Parties agree that delay in the full implementation of Direct Access by the ISO, FERC, the CPUC or any other regulatory or judicial entity shall not be considered a regulatory change under this section unless the Parties mutually agree to consider it such. 13. UDC/ISO Emergencies If an emergency on the system of the UDC or the [SO requires interruption or curtailment of set-vice to the DGS/EA Customer, the Part,,' that first receives notice or othep, vise becomes aware of such emergency shaI1 immediately noti~' other Par~y, and following such notice, the Parties' respective obligations to provide and take electric power shall be excused except to the extent that the UT)C, ISO or any third party reimburses or is obligated to reimburse the DGS/EA Customer for such failure to deliver electric po,.ver To the extent compensated by' the Of)C, ISO or third party, the DGS/EA Customer shall compensate the Electric Service Provider for electric power delivered to the ISO or UT)C on behalf of the DGS/EA Customer. Each Party ',,,'ill immediately contact the other upon restoration of se~'ice. Upon restoration of UDC service, the respective obligations of the Parties shall be in full effect. 14. Assignment Neither Party shall assign this Attachment 4 or any of its rights or obligations hereunder vdthout the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. 15. Integration Except as provided herein, this Attachment 4 and applicable appendices constitutes the entire Attachment 4 between the Parties. No amendment, modification or change to this Attachment 4 shall be enforceable except by written amendment agreed to and executed by both Parties. No waiver, benefit, privilege or service voluntarily given or performed by either Party shall give the other any' contractual right by custom, estoppel, or otherwise. 16. Limitation of Liability Except as provided herein, the Parties' remedies under this Attachment 4 shall be limited to direct actual damages only'. Neither Pa~y shall be liable for consequential, incidental, punitive, exemplary or indirect damages, lost profits or other business interruption damages of any kind. 17. Confidentiality Except as expressly set forth herein, the Parties agree that this Attachment 4 and all information related to the Attachment 4 are confidential and are not to be disclosed in any manner to any third party other than DGS/EA. This designation shall serve as notice under section 9.2 of the MSA of the confidential nature of the Attachment 4 and related information. In the event that either Party is ordered by a court or other governmental authority to produce or disclose an.,,' such confidential information, it shall promptly noti~' the other Pan,,' and provide sufficient time for the other Party' to seek injunctive relief from such order prior to any production or disclosure. 12 15. Notices 'All notices to the DGS/'EA Customer should be sent to: Urgent information should be communicated to the following means: Telephone: Fax: Emaii: 'All notices to the Electric Service Provider should be sent to: through one of IN' WITNESS V~'t-EEREOF, the Electric Service Provider and DGS/EA Customer have caused this Attachment 4 to be duly executed by their duly authorized representatives on the date indicated. This Attachment 4 shall not become effective as to either Party unless and until executed by both Parties. Name Name Title Title Electric Service Provider Organization (DGS/EA Customer) 13 DATE: TO: CITY OF RANCHO CUCAMONGA STAFF REPORT August 19, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer SUBJECT: APPROVAL TO APPROPRIATE $175,000 FROM FUND 32 - MEASURE I (ACCOUNT NO. 32-4637-9615, AWARD AND AUTHORIZATION FOR EXECUTION OF CONTRACT FOR ARCHIBALD AVENUE AND FOURTH STREET CORNER WIDENING, LOCATED AT THE NORTHEAST CORNER OF ARCHIBALD AVENUE AND FOURTH STREET, IN THE AMOUNT OF $245,093.00 ($222,812.00 PLUS 10% CONTINGENCY) TO BE FUNDED FROM MEASURE I FUNDS, ACCOUNT NO. 32-4637-9615 RECOMMENDATION: It is recommended that the City Council approve an appropriation of$175,000 from Fund 32 - Measure I (Account No. 32-4637-9615), a~vard and authorize for execution the contract for Archibald Avenue and Fourth Street Comer Widening, located at the northeast comer of Archibald Avenue and Fourth Street, to Gentry Brothers, Incorporated, to be funded from Measure I Funds, Account No. 32-4637-9615. BACKGROUND/ANALYSIS: The City had budgeted these funds in Fund 24 - "ISTEA" Grants upon notification by the State of the award of a grant for this project. SANBAG has recently informed the City that these grant funds will instead be allocated to the City through Measure I. This shift in funding source requires an appropriation for the Measure I fund (Fund 3211. The additional revenue for Measure I will be adjusted in the mid-year budget adjustment. Per previous Council action, bids were solicited, received and opened on July 7, 1998, for the subject project. Gentry Brothers, Incorporated is the apparent lowest bidder, with a bid amount of $222,812.00 (see attached Bid Summary). The Engineer's estimate was $229,468.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. R~spectfully submitted, William J. O~eil City Engineer WJO:LRB:ls Attachment I H~LLS ~ ~ iProject ~L=:~ Av~l ~Site BANYAN i ST SUNHIT ~ ~ 7 ~ ,.~ ~HURCH ST TA i~ , ~ I < > lUTE < z > BNSF RR ~ k ~ L-- 6TH ST > ~',~1 ~ ~ : ', ~ j 4TH ST ~ ' ...... z-T ..........z% ......,~ .............~ ..................................... ~0 CITY OF RANCHO CUCAMONGA 4TI-I/ARCI-IIB,A l,n A~NUE N/E CORNER WIDENING VICINITY MAP N.T.S. 9/ Page 92 is skipped C!TY OF RANCI{O CI STAFF REPORT DATE: TO: FROM: BY: SUBJECT: August 19, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil? City Engineer Linda R. Beek, Jr. Engineer6fi~ RELEASE OF MAINTENANCE BOND IN THE AMOUNT OF $12,324.50, FOR CUP 95-39, LOCATED ON THE SOUTH SIDE OF ARROW ROUTE, EAST OF INTERSTATE 15 RECOMMENDATION: It is recommended that the City Council in the amount of Interstate 15. authorize the City' Clerk to release the Maintenance Bond $12,324.50, for CUP 95-39, located on the south side of An'ow Route, east of BACKGROUND/ANALYSIS: The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Developer: American Pacific Concrete Pipe Company (AMPAC) 12167 Arrow Route Rancho Cucamonga, CA 91739 Release Maintenance Bond: $12,324.50 Respectfully submitted, William J. O'Neil City Engineer WJO:LRB:Is Attachments CUP 95-39 AMPAC STREET IMPROVEMENTS SOUTH SIDE OF ARROW HIGHWAY EAST OF INTERSTATE 15 Not To Scale FOOTHILL BOULEVARD w Z uJ u.I Z u.I 0 ~,,~,,,~,~,,,~,~.~CIMPROVEMENTS ARROW HIGHWAY CITY ()t': RANCI t0 C[.iCAMONCi,.\ STAFF REPORT DATE: August 19, t 998 TO: Mayor and Members of City Council Jack Lam, AICP. City' Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer SUBJECT: ACCEPTANCE OF IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND AND FILE A NOTICE OF COMPLETION FOR DR 96- 32, CUP 93-49 AND CUP 96-21, LOCATED ON CHURCH STREET AND THE INTERSECTIONS OF SPRUCE AND ELM AVENUES AND ROCHESTER AVENUE AND CHERVIL STREET RECOMMENDATION: The required street improvements for DR 96-32, CUP 93-49 and CUP 96-21 have been completed in an acceptable manner and it is recommended that City Council accept said improvements, authorize the City' Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Perfbrmance Bond. BACKGROUND/ANALYSIS: DR 96-32, CUP 93-49 and CLIP 96-21, located on Church Street and the intersections of Spruce and Elm Avenues and Rochester Avenue and Chervil Street. Release Faithful Performance Bond in the amount of $250.900.00 Developer: Lewis Development Company' l 156 North Motmtain Avenue Upland, CA 91786 Respectfi, dly submitted, eil City' Engineer WJO:LRB:ls Attachment TRAFFIC SIGNALS LOCATION MAP CHURCH AND ELM CHRUCH AND SPRUCE ROCHESTER AND CHERVIL CHUrch, -~ .~ Scale DR FOOTHILL BOULEVARD Not To Scale CUP 96-21 FOOTHILL BOULEVARD RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR DR 96-32, CUP 93-49 AND CUP 96-21, LOCATED ON CHURCH STREET AND THE INTERSECTIONS OF SPRUCE AND ELM AVENUES AND ROCHESTER AVENUE AND CHERVIL STREET, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of improvements for DR 96-32, CUP 93-49 and CUP 96- 21, located on Church Street and the intersections of Spruce and Elm Avenues and Rochester and Chervil Street, have been completed to the satist~.ction of the City Engineer: and, WHEREAS, a Notice of Completion is required to be filed, certi~,'ing NOW. THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. 97 ORDINANCE NO. 591 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO TERRA VISTA PARK DEVELOPMENT AGREEMENT NO. 1, AS SUPPLEMENTED. A. RECITALS. 1. The California Government Code Section 65868 et. seg., provides, in pertinent part, as follows: A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. 2. On June 7, 1984, the parties hereto entered into a Development Agreement concerning the development of parks, trails, and green ways in accordance with the Terra Vista Community Plan, which was subsequently Supplemented on November 5, 1996 (hereinafter referred to as "the agreement"). 3. The applicant, Lewis Homes Construction Company, Inc., Lewis Development Company, Western Land Properties, and Lewis Homes of California, has requested the First Amendment to Terra Vista Park Development Agreement No. 1, as supplemented, as described in the title of this Ordinance. Hereinafter in the Ordinance, the subject amendment is referred to as the "request." 4. On June 24, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a fully noticed public hearing and recommended approval of this request. 5. On August 5, 1998, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the request. 6. All legal prerequisites prior to the recordation of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, THE CITY Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: 1. This Council specifically finds that all facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Therefore, pursuant to Section 65868, et, seg. Of the California Government Code, the City Council approves First Amendment to Terra Vista Park Development Agreement No. 1, as supplemented, as attached hereto as Exhibit "1 ." Ordinance 591 Page 2 3. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after passage at least once in The Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga. PASSED, APPROVED, AND ADOPTED this 19th day of August, 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 Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 5th day of August, 1998, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 19th day of August, 1998. Executed this 20t" day of August, 1998, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk Ordinance 591 Page 3 FIRST AMENDMENT TO TERRA VISTA PARK DEVELOPMENT AGREEMENT NO. This First Amendment ("Amendment") to Terra Vista Park Development Agreement No. 1 is entered into as of the 2nd day of June, 1998, by and between Rosebud Construction, Inc., a California corporation, formerly known as Lewis Construction Co., Inc.; Western Land Properties, a California Limited Partnership formerly known as Western Properties, a general partnership; Lewis Homes of California, a general partnership; and Lewis Development Co., a general partnership (hereinafter, collectively, "Lewis"), and the City of Rancho Cucamonga, a Municipal Corporation (hereinafter, "City"). This Amendment amends that certain Terra Vista Park Development Agreement No. 1, which was effective as of the 7th day of June, 1984, and supplemented by that First Supplemental Agreement to Terra Vista Park Development Agreement No. 1, which was entered into as of the 5th day of November, 1986 (hereinafter, collectively, the "Agreement"). Lewis and City are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties." RECITALS Section IV of the Park Implementation Plan attached to the Agreement as Exhibit "A," indicates that public and private recreation areas for which park credit will be requested will be identified in the development submittal and that the Tentative Map will identify those public and private areas within the project for which park credits need to be granted. Since the execution of the Agreement, Lewis has developed various private recreation areas for which the Parties have not calculated park credit. The Parties now desire to authorize expressly the calculation by the Parties and the approval by City of private area park credit for those previously developed private recreation areas, subsequent to Tentative Map approval. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, Lewis and City agree as follows: Notwithstanding the provisions of Section IV of the Park Implementation Plan attached to the Agreement, as to those previously developed private recreation areas for which the Parties have not yet calculated park credit and for which park credit has not yet been approved by the City, the Parties agree that such calculation and approval may occur subsequent to Tentative Map approval. Except as specifically set forth herein, the Agreement is hereby confirmed by the Parties to be in full force and effect and this Amendment shall be subject to the unamended portion thereof. Ordinance 591 Page 4 First Amendment to Terra Vista Park Development Agreement No. 1 Page 2 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the date first above written. "Lewis" ROSEBUD CONSTRUCTION, INC. a California corporation 1156 N. Mountain Ave. ja-ue~ Post Office Box 670 f ~ Upland, CA 91785 ~y Its ? President%, By' ~ Its: Secretary LEWIS DEVELOPMENT CO., a general partnership 1156 N. lVlountain Avenue Post Office Box 670 _ Upland, CA 91785 ~_~ Its Authorized Agent '"'-. WESTERN LAND PROPERTIES, a California limited partnership By' LEWIS HOMES MANAGEMENT CORP., a California corporation General Partner ~ 1156 N. Mountalan. Avenue / Post Office Box o70 ~ Upland, CA 91785 ~ Its: LEWIS HOMES OF CALIFORNIA, a general partnership 1156 N. Mountain Avenue Post Office Box 670 Upland,,, CA 91785 It~ AuthorizedN~g ent CITY OF RANCHO CUCAMONGA, a Municipal Corporation 9320 Base Line Road, Unit "C" Rancho Cucamonga, CA 91730 By: Mayor City Clerk Ordinance 591 Page 5 STATE OF CALIFORNIA ) ) COUNTY OF SAN BERNARDINO ) On June 2, 1998 before me, Edna A. Johnson a Notary Public in and for said county and state, personally Ri chard A. Lewis and Dennis A. alekel ........................................................ appeared personally known to me (or proved to mo on tho basis of satisfactory -cvicl~l~ue) to be the person(s) whose name(s)-is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his,'hor/their authorized capacity(ies), and that by ' ,h~'~-~rr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~~-~ Edna A. ~hnson (Seal) WITNESS my hand and official seal. Edna A. John~o~n STATE OF CALIFORNIA ) ) COUNTY OF SAN BERNARDINO ) On June 2, 1998 before me, Edna A. Johnson a Notary Public in and for said county and state, personally Ri chard .:,. Lewi s-- appeared personally known to me (or proved to me on the basis of setis-factc~r~ cvidcncc) to be the person~ whose name(N is,~ subscribed to the within instrument and acknowledged to me that he/shc,'thcy exacted the same in his/hcrAhcir a~horized capaci~(~ and that by his/hcr;'thcir signature(~ on the instrument the person(N, or the entity upon behalf of which the person(~ acted, executed the instrument. ~ A. J~ON ~ ~~ C~ (Seal) Ordinance 591 Page 6 STATE OF CALIFORNIA ) ) COUNTY OF SAN BERNARD]:~10 ) On June 2, ]998 before me, Edna A. Johnson a Notary Public in and for said county and state, personally Ri chard A. Lewi s--- appeared personally known to me (or proved to mc on the basis of satisfactory -cvidemee)-to be the person('s~ whose name(~ is/a-F~-subscribed to the within instrument and acknowledged' to me that he/shc/thcy executed the same in his/her/their authorized capacity(-ie~, and that by his/hcr,'thoir signature(sO on the instrument the person(s,), or the entity upon behalf of which the persenN) acted, executed the instrument. WITNESS my hand and official seal. Edna A. J0~(son Seal) STATE OF CALIFORNIA ) ) COUNTY OF SAN BERNARDINO ) On June 2, 1998 before me, Edna A. Jonnson a Notary Public in and for said county and state, personall,/ Richard A. Lewis--- appeared personally known to me (or p, uved ~u r~e u~ tlT~-bes~--of-s-atrs{ae~er~ cvidcncc) to be the person(~i) whose name(~ is/arc subscribed to the within instrument and acknowledged to me that he/she,"they executed the same in his/her/their authorized capacity(-ies~-, and that by his/hen'their s gnature(s~ on the instrument the person(~, or the entity upon behalf of which the person('s~, acted, executed the instrument. WITNESS my hand and official seal. Signature ~-~-~'~-- ~-),--. Edna A. John~/n (Seal) ORDINANCE NO. 558-B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.48 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO UTILITY USER'S FEES. SECTION 1: The City Council of the City of Rancho Cucamonga does ordain as follows: Section 3.48.035.A of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as follows: "A. The maximum aggregate amount of the fees imposed by this chapter upon any one service user for utilities during any calendar year shall not exceed Twenty-Eight Thousand Four Hundred Dollars ($28,400.00) Twenty-Five Thousand, One-Hundred and Forty Dollars ($ 25,140.00)." SECTION 2: Section 3.48.040.A of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as follows: "A. There is imposed a fee on the amounts paid for any intrastate telephone services by every person in the City using such services. The fee imposed by this section shall be at the rate of 3.91 percent (3.91%) 3.48 percent (3.48%) of the charges made for such services, and shall be paid by the person paying for such services." SECTION 3: Section 3.48.050.A of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as follows: "A. There is imposed a fee upon every person using electrical energy in the City. The fee imposed by this section shall be at the rate of 3.91 percent (3.91%) 3.48 percent (3.48%) of the charges made for such energy by an electrical corporation providing service in the City and shall be paid by the person using the energy. The fee applicable to electrical energy provided by a non-utility supplier shall be determined by applying the fee rate to the equivalent charge the service user would have incurred if the energy used had been provided by the electrical corporation franchised by the City. Non-utility suppliers shall install and maintain an appropriate utility-type metering system which will enable compliance with this section. 'Charges,' as used in this section, means Ordinance No. 558-B Page 2 charges made for: (1) metered energy and (2) minimum charges for service, including customer charges, service charges, demand charges, standby charges, and all other annual and monthly charges, fuel or other cost adjustments authorized by the California Public Utilities Commission or the Federal Energy Regulatory Commission." SECTION 4: Section 3.48.060.A. 1 of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as follows: "A. 1. There is imposed a fee upon every person in the City, other than a gas corporation or electrical corporation, using gas in the City which is transported through mains or pipes or by mobile transpod. The fee imposed by this section shall be at the rate of 3.91 percent (3.91%) 3.48 percent (3.48%) of the charges made for the gas and shall be paid by the person using the gas. The fee applicable to gas or gas transportation provided by non- utility suppliers shall be determined by applying the fee rate to the equivalent charges the service user would have incurred if the gas or gas transportation had been provided by the gas corporation franchised by the City." SECTION 5: Section 3.48.070.A of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as follows: "A. There is imposed a fee upon every person in the city using water which is delivered through mains or pipes. The fee imposed by this section shall be at the rate of 3.91 percent (3.91%) 3.48 percent (3.48%) of the charges made for such water and shall be paid by the person paying for such water." SECTION 6: Section 3.48.140 of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as follows: "A. Whenever the calculation of the amount of any fee due and owing under this chapter is alleged to have resulted in an overpayment or a payment more than once, it may be refunded by the Finance Director as provided in this section subsections "B" and "C" of this section, provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Finance Director within one year of the date of the claimed overpayment. The claim shall be on forms furnished by the Finance Director. Ordinance No. 558-B Page 3 "B. A service supplier may claim a refund or take as credit against fees collected and remitted an amount overpaid or paid more than once when it is established that the person from whom the fee has been collected did not owe the fee. Any service user may obtain a refund of fees overpaid or paid more than once by filing a claim in the manner provided in subsection "A" of this section, but only when the service user having paid the fee to the service supplier establishes to the satisfaction of the Finance Director that the service user has been unable to obtain a refund from the service supplier who collected the fee." "D. Notwithstanding other provisions of this section, whenever a service supplier, pursuant to an order of the California Public Utilities Commission or a court of competent jurisdiction, makes a refund to service users of charges for past utility services, the fees paid pursuant to this chapter on the amount of such refunded charges shall also be refunded to service users, and the service supplier shall be entitled to claim a credit for such refunded fees against the amount of fee which is due upon the next monthly returns entitled to claim a credit for such refunded fees against the amount of fee which is due upon the next monthly returns. In the event this chapter is repealed, the amounts of any refundable fees will be borne by the City." SECTION 7: This Ordinance shall be deemed effective on November 15, 1997 August 31, 1998. SECTION 8: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof, is for any reason held to be unconstitutional or preempted by subsequent legislation, such decision or legislation shall not effect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional or preempted. SECTION 9: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. Ordinance No. 558-B Page 4 PASSED, APPROVED, AND ADOPTED this 19th day of August, 1998, AYES: NOES: ABSENT: ABSTAIN E D: 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 Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 5th day of August, 1998, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 19t~ day of August, 1998. Executed this 20th day of August, 1998, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: August 19, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager CONSIDERATION OF PUBLIC INTEREST, CONVENIENCE AND NECESSITY IN GRANTING A TAXICAB SERVICE PERMIT TO BELL CAB CO. BACKGROUND/ANALYSIS The City has an ordinance that requires all companies that wish to provide taxicab service to receive a permit. As part of that permit process, the applicant must submit a completed application form. The applicant must also appear before the City Council for a public hearing to determine if the public interest, convenience and necessity justify the issuance of a permit. As you may recall, in November 1997, a public hearing was held to consider an application from Bell Cab Co. At that time, the City Council decided to adopt a resolution denying a permit to Bell Cab Co. on the following grounds: 1. Adequate taxicab service already existed in the City. 2. The addition of another taxicab company would create financial difficulties for both providers and thereby depreciate the level of service provided in Rancho Cucamonga. However, at the public hearing, the City Council indicated that at some point the City may be ready for multiple taxicab companies to serve the City. With this fact in mind, the City Council invited Bell Cab Co. to reapply for a permit in the future. Bell Cab Co. has resubmitted its taxicab service permit application. The City Council must again consider whether the public interest, convenience and necessity justify the issuance of a permit. The burden is on the applicant to show how they meet the public interest, convenience and necessity. As the City Council receives testimony, some of the factors to be considered 1. The inadequacy of existing taxi services. CONSIDERATION OF GRANTING A TAXICAB SERVICE PERMIT TO BELL CAB CO. August 19, 1998 Page 2 2. The population density and socio-economic characteristics in the proposed area of operation. 3. Type and frequency of transportation service needed in the proposed area of operation. 4. Existing public transportation pattems, schedules and service levels and the impact of the application upon such service. 5. Traffic and parking conditions. 6. The probable permanence and quality of the services offered by the applicant. The character of taxi service proposed by the applicant as demonstrated by: the proposed use, if any, of a radio communications system, the proposed use of terminals and private and public taxi stands, the time of day and night when service is to be offered, and the proposed number and character of vehicles. The financial status, character and responsibility of the applicant as demonstrated by: the applicant's ability to provide, maintain and operate the number of vehicles proposed to be operated in accordance with the character of service proposed in the application, the applicant's criminal and driving record, if any, as well as credit record and evidence of liability and worker's compensation insurance. 9. The experience of the applicant in taxicab service operations as an owner, manager, or taxi driver. Considering that this issue was reviewed seven months ago, it will be helpful for the City Council to consider any factors that it finds may have changed since November 1997. Since that time, staff has randomly monitored the existing cab company's response times, Omnitrans published the results of an extensive review of the Dial-A-Cab service, and Omnitrans awarded a contract to Bell Cab Co. to provide Dial-A-Cab service in those cities where it holds a taxicab permit. The random checks of response times for the existing cab company showed service has been consistent with average response times ranging from 21 minutes to just under 25 minutes for all calls. Average response times for Dial-A-Cab calls ranged from just under 25 minutes to 35 minutes. Dial-A-Cab calls make up approximately 25% of all taxicab calls in Rancho Cucamonga. In January 1998, Omnitrans published the result of a Dial-A-Cab user survey that was conducted during the months o£November and December 1997. The survey was for a sample of the entire Dial-A-Cab area of which 81% of the respondents were from our current taxicab company's (Yellow Cab) service area and 11% of the respondents were from Rancho Cucamonga. CONSIDERATION OF GRANTING A TAXICAB SERVICE PERMIT TO BELL CAB CO. August 19, 1998 Page 3 The results of the survey indicate that 70% of the respondents rated on-time performance positively. It should be noted that on-time performance was also the category that received the highest negative rating as well with 16% of the respondents indicating they were unhappy with the on-time performance of Dial-A-Cab. The survey also shows that nearly all (91%) of the respondents said that the drivers were courteous. Over 94% of the Dial-A-Cab riders surveyed in the West Valley gave dispatcher courtesy a positive rating. Earlier this year, Omnitrans went through its annual contract process for the Dial-A-Cab program. Each year, Omnitrans allows all qualified taxicab companies to apply for a contract to provide Dial-A-Cab services. Since Bell Cab Co. met all of Omnitrans' requirements and since they had permits to operate in some of the cities in the Omnitrans service area, they were granted a one-year contract. Because Bell Cab Co. was relatively new to the area, they didn't have a contract when the City Council discussed this matter in November 1997. This new contract was approved on June 3, 1998. In approving the contract with Bell Cab Co., Omnitrans states that they "...are hoping that the additional competition will encourage quicker response times and friendlier service." This contract goes in effect on July 1, 1998 and it will be some time before we know what effect it will have on Dial-A-Cab service. Since the City Council encouraged Bell Cab Co. to reapply, the City Council should consider the evidence and review any changed conditions, new information and public input. Based on that evidence, the City Council may determine that the public interest, convenience and necessity is met and direct staff to issue a permit; or the City Council may decide that the public interest, convenience and necessity is not met and deny the applicant. Re~~,~4~tfully submitted, Duane A. Baker Assistant to the City Manager /dab lid CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August19,1998 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: BY: Jerry Fulwood, Deputy City Manager/Acting Community Services Director Paula Pachon, Management Analyst II'~ SUBJECT: CONSIDERATION OF REQUEST FROM RANCHO CUCAMONGA PROFESSIONAL FIRE FIGHTERS ASSOCIATION FOR CITY TO CO- SPONSOR CELEBRITY CHARITY SOFTBALL GAME ON OCTOBER 4, 1998 AT THE EPICENTER STADIUM AND TO WAIVE ASSOCIATED FEES AND CHARGES RECOMMENDATION: It is recommended that the City Council review the request from the Rancho Cucamonga Professional Fire Fighters Association for the City to co-sponsor a celebrity charity softball game on October 4, 1998 at the Epicenter Stadium and to waive associated fees and charges. Staff suggests that the Council consider one of three options in regards to this request. Option 1 - approve co-sponsorship of the event and full waiver of fees and charges; Option 2 - approve a traditional waiver of fee for the event which would include only waiving the base rent fee for the event; and Option 3- deny the request. BACKGROUND/ANALYSIS: The City has received a request from the Rancho Cucamonga Professional Fire Fighters Association to co-sponsor a Celebrity Charity Softball Game against Fox 11 Network at the Epicenter Stadium on Sunday, October 4, 1998. The 7-inning game is planned to begin at 2:00 p.m. with an estimated 2,000-3,000 in attendance. The event would be a ticketed activity with proceeds going to charity. The Fire Fighters traditionally have supported the Community Services Department's Concerts in the Park, Art in the Park, and 4th of July Celebration, High School bands, summer camp for burn children, as well as youth sport organizations such as AYSO and Pop Warner FISCAL IMPACT: Option 1: Should City Council wish to approve the co-sponsorship of this event and the full waiver of fees associated with activity this action would amount to a total support of $3,823,28 based upon the following fees and charges: base rent $2,000.00; Sheriff security - $173.28 and maintenance estimates - $1,650.00. A refundable damage/security deposit would generally not be required for a co-sponsored activity. Option 2: The City Council may wish to consider approving a more traditional waiver of fees for this event which would waive only the base rent charge. This type of waiver has been used by City Council for the Muscular Dystrophy Association Fundraiser, Lenny Randle Baseball Clinic, California Association of School Bus Officials, etc.. Through this action Council would be waiving /// Mayor and Members of the City Council August 19, 1998 Page 2 the base rent in the amount of $2,000.00. Option 3: Should City Council wish they may consider denying the request for co-sponsorship and waiver of fees. This option would not have a fiscal impact upon the City. Respectfully submitted, !~r~od, Deputy City Manager/Acting Community Services Director Attachment RANCHO CUCAMONGA PROFESSIONAL FIREFIGHTERS ASSOCIATION July 8, 1998 Dear Rancho Cucamonga City Council: On behalf of the Rancho Cucamonga Firefighters Association, we are asking for your support in our Celebrity Charity Softball Game against Fox 11 Network to be held on Sunday, October 4, 1998, at the Epicenter. As you know, we are very active in our endeavor to support the youth in our community. Each year we donate to every youth sport in our city from AYSO to. Pop Warner.' We help sponsor High School Bands and donate to the summer camp for bum children. As a non-profit orgamzation, all of the money raised goes out to the different groups that we support, that is why we are asking for your help. We would be grateful if you would waive the fee for the Epicenter and be a co-sponsor with us and waive the cost of operations for that day. If you have any questions or concerns, please contact me at (909) 989-1088. We thank you and greatly appreciate your support and interest. Sincerely, PresideSat P.O. Box 491, Rancho Cucamonga, California 91701 DATE: TO: FROM: CITY OF RANCHO CUCAMONGA STAFF REPORT August 13, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager Diane O'Neal, Assistant To The City Manager SUBJECT: DISCUSSION OF FILLING PLANNING COMMISSION VACANCIES RECOMMENDATION Direct Staff as to the process to be used to fill the Planning Commission vacancies. Background At the City Council's August 5 1998 City Council meeting Staff was directed to ask the last set of applicants (December, 1997) if they would be interested in being re-considered for the Planning Commission. As of today's date, August 13, 1998, 23 of the previous applicants have said they are interested in being re-considered and 3 applicants have not responded as yet. Staff has also posted the notice August 6, 1998 per Government Section 54974 indicating there is one vacancy on the Planning Commission. This posting is a notification of a vacancy. During the City Council's discussion of this item at the August 5, 1998 meeting, Council asked if others could call to say they were interested in applying and Staff indicated they could. Those individuals who have called as of today, August 13, 1998, and are not on the last applicant list are: Dr. Michael Lee Tom Cody Pam Wright Bill Stevens, Jr. John Mannerino Felix Odamyi As of today, August 13, 1998, Dave Barker submitted his resignation in writing effective September 1, 1998. Staff will post the 10 day notification of vacancy for this resignation. Staff will present all updated information at the August 19, 1998 City Council meeting. -,, fi~e spect ful!jy...SubTl~itted, Diane O'Neal~ Assistant To The City Manager //6/ "[~'111!!lIIIl'11 I IT' r !rl 1/1111 · I]~l []llllllll I 'lit "1 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: August 19, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager DESIGNATION OF A VOTING REPRESENTATIVE AND AN ALTERNATE FOR THE LEAGUE OF CITIES ANNUAL MEETING RECOMMENDATION It is recommended that the City Council designate a voting representative and an altemate who can be present at the Business Session of the Annual League Meeting on Saturday, October 3, at 1:30 p.m. at the Long Beach Convention Center. BACKGROUND/ANALYSIS This year's League Annual Meeting is scheduled for October 2 through 4, 1998. At the Business Session, which is to take place on Saturday, October 3, 1:30 p.m., the membership will be taking action on resolutions which will guide cities and the League in an effort to improve the quality, responsiveness and vitality of local government within the State of California. The League is requesting each City designate a voting representative and an alternate to be present at the Business Session to vote on matters affecting municipal and/or League policy. If you have any questions, please feel free to contact me. Respectfully st~bmitted, Jack L City Manager JL/dja Attachment //5 July 17, 1998 To: From: Re: Lea§ue 0f falif0rnia Cities 1400 K Street Sacramento, CA 95814 9 lf~.658.8200 FAX 916.658.8240 The Honorable Mayor and CY~7oOmlF~oHLO~fC'a&O/¥G,4 Ronald Bates, League President, Mayor, Los Alamitos Designation of Voting Delegate for League Annual Conference This year's League Annual Conference is scheduled for Friday, October 2, through Sunday, October 4, 1998 in Long Beach. One very important aspect of the Annual Conference is the Annual Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the Annual Business Meeting on Saturday, October 3, at 1:30 p.m. at the Long Beach Convention Center. To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be present at the Annual Business Meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by the city council on the enclosed "Voting Delegate Form." If the mayor or a member of the city council is in attendance at the Conference, it is expected that one of these officials will be designated as the voting delegate. However, if the city council will not have a registered delegate at the Conference but will be represented by other city officials, one of these officials should be designated the voting delegate or alternate. Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest possible time (not later than Friday, September 18, 1998), so that proper records may be established for the Conference. The voting delegate may pick up the city's voting card at the designated Voting Card Table located in the League Registration Area. The voting procedures to be followed at this Conference are printed on the reverse side of this memo. Your help in retuming the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at 916/658-8236. League of California Cities Annual Conference Voting Procedures o ¸. ~ Each member city has a right to cast one vote on matters pertaining to League policy. To cast the city's vote a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. Prior to the Annual Conference, each city should designate a voting delegate and an alternate and return the Voting Delegate Form to the League for use by the Credentials Committee. The voting delegate or altemate may pick up the city's voting card at the Annual Conference registration area. Free exchange of the voting card between the voting delegate and alternate is permitted. If neither the voting delegate nor alternate is able to attend the Annual Business Meeting, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the Annual Business Meeting, exchanges may be made at the Annual Conference registration area. At the Annual Business Meeting, exchanges may be made at the voting card table located in the front of the meeting room. Exchanges may not be made while a roll call vote is in progress because the Credentials Committee will be conducting the roll call. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials, who, according to the records of the Credentials Committee, are authorized to use the city's voting card and who have left a sample of their signature on the Credentials Committee register will be approved. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the Annual Business Meeting. G:\policy\acres\voteprox.doc 117 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 19, 1998 TO: Mayor, Members of the City Council Jack Lam, AICP, City Manager FROM: William N. Makshanoff, Building and Safety Official SUBJECT: BILLBOARD SIGNS BACKGROUND/ANALYSIS: A recent billboard advertisement in the city has revived the interest of the possibility of a billboard removal program. Current statutory and case law makes provisions for the ability of local governments to have billboards removed through condemnation and eminent domain proceedings. A staff report from 1987 to the Planning Commission is attached for your review. Briefly staff prioritized the location of the billboards based on the likelihood of those which would be removed by the development and those which the city should pursue removal through condemnation proceedings. It was staff's recommendation that those signs which were located at major intersections or gateways to the city should have top priority for removal. A survey of the number of billboards in the City was conducted in 1986 and recently updated as of August 1998. See attachment 1 and 2. Currently there are 18 billboards in the City, 14 are either on Foothill Boulevard or within the Foothill Corridor. Of the remaining four, three are on Haven at 26th Street and one is on Archibald at the railroad tracks. With respect to the 14 billboards on Foothill Blvd., 7 are at the western gateway to the city and 2 are at the east entrance. RECOMMENDATION: As stated in the 1987 report, the city cannot remove the billboards without first conducting condemnation proceedings and providing for compensation. Staff therefore recommends that the City Council receive public input and refer this matter to the appropriate Council Sub-Committee for review and discussion of options available for the removal of the remaining billboards in the city. William N. Makshanoff Building and Safety Official WNM:lc Attachment 11 ' CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: May 27, 1987 Chairman and Members of the Planning Commission Brad Buller, City Planner Dan Coleman, Senior Planner BILLBOARD REMOVAL PROGRAM 1977 ABSTRACT: On April 22, 1987, the Planning Commission directed staff to prepare a condemnation program for billboard removal. Staff is seeking a recommendation from the Commission to the City Council to proceed with a phased program of billboard removal, starting in Fiscal 87/88. II. BACKGROUND: In 1979, the City Council adopted a comprehensive Sign Ordinance which required the amortization of advertising structures (hereinafter referred to as billboards). Staff has completed a survey of existing on-premise and off-premise billboard signs within the City of Rancho Cucamonga (see attached). There are a total of 30 billboards within the City, 25 of which are located on Foothill Boulevard. In addition, the City Attorney has reviewed the enforcement of the City's Sign Ordinance regulations regarding billboards. The City Attorney has concluded that the majority of the Sign Ordinance regulations are inconsistent with the requirements of state law in their application to off-premise billboards (the exception being the removal of billboards in agricultural and residential zones). The result of state law is that all off-premise billboards must be treated in the same manner as with the acquisition of real property. Therefore, .~he City of Rancho Cucamonga would be required to go through condemnation proceedings to remove billboards which is a costly and time-consuming process. It would cost approximately $10,000 per billboard, plus legal costs, to condemn a billboard and have it removed. III. ANALYSIS: Staff's survey of billboards indicates that there are four categories of signs: 1. Billboards located at a major intersection or gateway (7 billboards). ITEH 0 ® Block & Lot' ,t~ OU TE~ A~sessor's Map Book 229. Pa.'~le. O~l , S.q_rL. Ber n,,a,(~d!,nb County ~0 ,nO ~X~XX X X'~(~ XX X '~( ,(~XX X '~ ,~XX X '( ~(~ XX X K~XX X ~XX X X~XXX X X ~XX X XX X XX X XX X XX X XX X XX X XX X XX XX X XXxXXXXX i X X XX XX XXX X X r~x XX~Z~XXX X X ~X X X ~.~ ?J2~ ,~.;.1X X XXX ~X XX~XXX X X ~X XX~XXX X X ~ X XX~XXX X X ~ X XX XXX X X ~ X XXXXXXXX X X )¢X XX XX XX XX XX XX XX XX XX .,~ X ~ ~ X X X X ~ X X X x X X ~ X X ~ X ~ ~ X X X X X X x X X X X X X X X X x X X X ~SS )R i,;;;~UAL I! ii CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 19, 1998 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Rick Gomez, Community Development Director Jerry. Fulwood, Acting Community Services Director BY: Karen McGuire-Emery, Senior Park Planner Paula Pachon, Management Analyst II SUBJECT: PARK AND RECREATION FACILITIES UPDATE BACKGROUND l'n accordance with the City Council's request to become more informed of park and recreation facility issues, programs, projects and events, this report is provided to highlight pertinent issues, projects and programs occurring in both the Community Services Department and the Park Design/Development and Maintenance Sections of Engineering. A. PARKS AND FACILITIES UPDATE Lions West Community Center: · Interior work includes electrical and HVAC. Exterior concrete flatwork as well as grading and paving of Phase 2 of the parking lot is complete. Estimated completion of construction is mid August. after which City Facilities will take over the building for a 2 week period to prepare for the Community Services Department move in. Lions East Community Center: · The air conditioning is fully functional and the electronic monitoring system is in operation and working well. Rancho Cucamonga Senior Center: · All work related to the parking lot expansion has been completed. · An additional air conditioning unit was installed for the Thompson Room and the Lobby restrooms. RC Family Sports Center: · Cabinets in the staff office will be installed the second week in August. · A 12-slot bicycle rack has been installed near the front entrance. · Room signs have been installed indicating the names of all the rooms in the facility. CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE August 19, 1998 Page 2 Rancho Cucamonga Public Library: · Expansion of the main floor of the library at the northwest and southwest comers is currently in design. It is anticipated that construction will begin in mid November and continue during the holiday season. Stadium: · Installation of additional electronic monitoring controls for all site lighting at the entire complex is on-line and operational. · Staff is currently reviewing the four softball fields for ADA access. Design work should be completed by mid December. Spruce Avenue Park Skate Facility: Construction began Monday, July 6, 1998. the concrete walls and ramps. Contractor is grading the site in preparation of Victoria Groves: · Replacement play equipment has been received by completed by the contractor by early September. the City and installation will be Coyote Canyon Park: · The removal of all the playground equipment at Coyote Canyon Park began this month by City crews in preparation for contract installation of the new ADA compliant equipment. City staff is working with the installer to provide the replacement equipment, and anticipates installation of equipment by early September. Red Hill Park: · The removal of all the playground equipment in the southern tot lot at Red Hill Park began this month by City crews in preparation for contract installation of the new ADA compliant equipment. Replacement of the equipment will be completed by mid-October. · The slope replanting project was completed this month with the planting of 270, 5 gallon size shrubs by the Red Hill Park Maintenance Crew. In June, the California Conservation Corps planted 9,506 1 gallon size ground cover plants in preparation for the 5 gallon shrub plantings. Within the next two seasons, the ground cover should cover the slopes, providing an aesthetic appeal long since lost from the die-out of the original hydroseeded plant material. The new plantings will also provide for wildlife habitat, erosion control and weed control. I_,ions Park: · Replacement of tot lot equipment for ADA compliance will be completed by mid-September. CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE August 19, 1998 Page 3 Spruce Avenue Park: · Replacement of tot lot equipment for ADA compliance will be completed by the end of October. Etiwanda Creek Park: · The ballfield lighting project is complete. Beryl Parks: · A successful renovation of the soccer fields at the Beryl Parks provided premier fields for the AYSO World Games this month. Regional Commissioner Greg Vanover said he was vex3' pleased with the condition of the fields and the customer service he received. .All Park Facilities: The restroom signs in all park facilities are currently being reviewed for ADA compliance. Staff anticipates that this will require approximately two months to complete, after which those signs which are not in compliance will be modified. B. COMMUNITY SERVICES UPDATE Seniors: On Saturday, August 15, 1998, a 'climate controlled' picnic was held at the Senior Center. The locally owned International House of Pancakes supplied the lunch and Dr. Abersold entertained the seniors with "His Amazing Comedy Routine". · On Thursday, August 26, 1998, a special International Day will be held at 10:00 a.m. at the Rancho Cucamonga Senior Center. Entertainment, including belly dancing, Mexican Dancing and German folk singing, and food from various countries will be featured. · During the month of August, 1998, a 'murphy bed' will be installed at the Senior Center. The bed will be used as an emergency resting spot. In the past when the seniors have had medical problems they have had no place to rest and no privacy when treatment was necessary. With the installation of the murphy bed this concern will be resolved. The Senior Advisory Committee will not be meeting during the month of August, 1998. Meetings will resume in September on the fourth Monday of the month at 9:00 a.m. at the Senior Center. The City and the VIP Club will be co-sponsoring a Sound of Music Fashion Show on September 26, 1998 at the Senior Center. A light salad lunch will be served. Ticket price is $5.00 per person. All proceeds will be used to purchase new jackets for the Rancho Cucamonga Senior Chorale. CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE .August 19, 1998 Page 4 Teens: ,, The After School Teen Program is in the middle of its Summer session. Feedback from the participants and the parents has been very positive. Daily attendance varies from 40 to 60+ youngsters. Approximately 4,200 teens have visited the program at this point. Staff has hired three additional part-time Recreation Leaders for the program. In September, staff will start planning special events, tournaments and theme activities. Starting September 14, 1998, the hours of operation for the program will be Monday through Thursday from 2:30 p.m. until 6:30 p.m.; Friday from 2:30 p.m. until 10:00 p.m.; Saturday from 10:00 a.m. until 6:00 p.m., and Sunday from 10:00 a.m. until 5:00 p.m. ,, Summer Teen Trips - Six trips are planned for Fridays this summer, they include Knott's Berry Farm (July 10th - 26 participants), Wild Rivers Water Park (July 17th - canceled; low enrollment), Universal Studios (July 24th- canceled; low enrollment); Magic Mountain (July 31 - 97 participants), Balboa Beach (August 7th - 23 participants), Disneyland (August 14th - 4 enrolled as of August 5th),. In addition, the annual camping trip to Campland on the Bay in San Diego is planned for August 17-21st (19 enrolled as of August 5th). Teen Learning Center - Participants are placed in a variety of summer recreation programs including: Kinder Camp, Kid Explorers, Pee Wee Sports, and Play Camp. All participants in the program receive certificates of recognition of their service to the community. Teen Recreation Activity Club (TRAC) - TRAC has been operating snack bars for the following summer programs: Learn to Swim, Concerts in the Park, Movies in the Park and Roller Hockey. The snack bars serve as the Club's main fund raiser for the year. College Fair - Staff has begun work on this years College Fair which is scheduled for Thursday, October 22, 1998, from 6:30 p.m. until 8:30 p.m.. This is the perfect opportunity for college-bound students and their parents to speak with college representatives from universities around the nation and obtain information on admissions, academic programs, financial aid and support program. Location of the event has not been finalized. Youth Activities: Most of the Summer Camp programs began June 15, 1998 and will end the last week of August, 1998. This summer we offered: Play Camp for the 1-5 year old (this program started in July); Camp Cucamonga Kinder Camp for kids ages 4-6; Camp Cucamonga Day Camp for youngsters ages 6-12; Camp Etiwanda, a sports camp for children 7-11 years old that specializes in activities for the physically active youngster; Cougar Basketball Camp for boys and girls 7-15 years old will help improve their basketball skills. All of the programs listed above have been full to capacity for the entire program time flame. Waiting lists for some of the programs were also developed. Youth Sports: Summer Roller Hockey - The summer season began July 16, 1998. Two hundred and two youngsters participated on 24 teams. The new border covers have been installed. New goalie equipment and time clocks are being utilized for the games. The game schedule CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE August 19, 1998 Page 5 works around the Quakes home game schedule. All teams have received their uniforms and have had their pictures taken. Summer Learn to Swim Program - The summer season concludes on August 21, 1998. As of the third session (six weeks into the program), the program has grossed $98,382. This includes revenue for group swim lesions, private swim lessons, open swim and pool parties. This is seven thousand dollars ahead of last year. Open swim has been well attended due to the warm weather. On one occasion a few patrons were turned away due to the pool being at capacity. Two large groups (The Boy Scouts of America and our City camp - Camp Cucamonga) were in attendance that day. Normally staff would only allow one large group at a time to ensure that there was adequate room for the general public. Staff has been reminded of this policy to ensure that this problem will not occur in the future. Pee Wee Baseball - The program started on June 22, 1998 and finished its season on August 6, 1998. Seven hundred boys and girls ages 3-5 participated in this years program. Pee Wee Soccer - Program starts on September 14, 1998. To date 300 boys and girls ages 3-5 have enrolled in this popular Fall sport. Registration continues through August 31 st. American Youth Soccer Organization (AYSO) World Games: The AYSO World Games took place from July 21-26, 1998. In our City, games were played at Alta Loma High School, Alta Loma Junior High School, East and West Beryl Parks and Carnelian Elementary School. Two teams from Germany participated as well as a team from South Africa. Local teams did quite well in the tournament. The soccer fields at East Beryl and West Beryl Parks were considered by the game organizers and participants to be the best playing fields in the World Games. On Monday, July 20, 1998, two days before the AYSO Games were scheduled to begin, someone drove their vehicle onto three of the soccer fields located at East and West Beryl Parks and performed "donuts" on the fields causing damage to some of the areas of turf. Park maintenance staff immediately notified AYSO of the' occurrence and reviewed the problem areas with them. Most of the areas were repairable; some needed to be filled with earth. The AYSO Regional Commissioner arranged for a volunteer from their organization to watch over the fields on Tuesday evening. The AYSO World Games were not affected; in fact, as stated above, game organizers and participants commented that the soccer fields at'East and West Beryl Parks were the best playing fields in the World Games. Rancho Cucamonga Family Sports Center: · The Homework/Computer Room at the Center should be operational in time for when school starts in September. The issue of the vibration caused by racquetballs hitting the back wall of the room has been resolved through scheduling of the racquetball courts. Traditionally not all five of the courts are in use at one time, particularly in the middle of the day when CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE August 19, 1998 Page 6 teens are at the Center. To alleviate the vibration concern staff will not schedule use of the racquetball court directly behind the homework/computer room during the hours that the teen center is open. Staff is researching Internet options'for the computers in the Homework/Computer Room. The City's Library does allow public Intemet access, either filtered or non-filtered depending on the age of the user. Parents must sign a consent form for anyone under the age 18 using the Interact at the Library. The teen centers in the City of Ontario and Rialto currently do not have access to the Internet. Ontario staff has stated that Internet access may be available at their facility in the near future. Rialto staff has informed us that financial considerations are preventing them from offering Intemet access at their facility. Our staff is giving consideration to developing a system of use that is safe for Internet and homework requirements that is consistent with the City's Library system of use. Lions East and West Celebration: · The date for the Lions East and West Celebration has been set for Saturday, October 17, 1998, from 12 noon until 4:00 p.m.. The grand opening will include a ribbon cutting ceremony, facility tours, food and fun for the whole family. The Lions Club will participate in the Grand Opening and the ribbon cutting. Facilities: · Staff is working with a number of people to resolve issues and repair items on the punch list for the Rancho Cucamonga Family Sports Center and Lions East Community Center. · As a part of it's annual review of facilities, staff is reviewing security requirements to ensure that adequate measures are being taken to protect facilities, manpower and resources. · The soccer fields at the Epicenter have been assessed. Maintenance is exploring alternative seeding similar to that used at Beryl and Eftwanda Creek Parks. ]'he Grapevine: · The Fall issue of The Grapevine began production in June; it went to print in mid-July; and will be mailed to residents homes in mid-August. This issue will focus on the recent expansion of City services and facilities, i.e., Lions West, Senior Center, Rancho Cucamonga Family Sports Center, as well as highlighting the vast array of programs, services and daily operations of our City. Fall recreation classes will run from September 12 through December 4, 1998. Production of the Winter issue of The Grapevine will begin in October. Community Wide Special Events: · Movies in the Park - this six week program concluded on August 14, 1998. As in years past the movies started at dusk and were held at three locations: Tuesday - Red Hill Community CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE August 19, 1998 Page 7 Park; Wednesday - Windrows Park and Friday - Milliken Park. The movie line up for this year included: Air Bud, Anastasia, Flubber, Hercules, George of the Jungle and Mr. Magoo. It is estimated that over 9,600 community members attended this years Movies in the Park series. Concerts in the Park - this six week annual program held its last concert of the year on August 13th at Red Hill Community Park. This year the program featured the following artists: The Art of Sax (contemporary jazz, rhythm and blues), Instant Replay (surf music/classic rock), Delbi and the Wild Pony (country/pop rock), Ronny and the Classics (rock classics), and Mt. Folk Singers (folk music of the 60's). The Concerts in the Park were sponsored by the following organizations: Target Stores, Rancho Cucamonga Fire Fighters Association, Villa del Rey Retirement Residence, Rancho Grande Kiwanis, Hopper's Drafting Furniture, Cucamonga District Host Lions, Kiwanis Club of Rancho Cucamonga, Rancho Cucamonga Women's Club (District 21), Southern California Housing Association, Base Line True Value Hardware, the Sign Shop, USA Waste of California, Dynasty Gymnastics, and Vince's Spaghetti. Staff estimates that over 10,000 community members attended this years concert series. Founders Day Parade and Celebration - Saturday, November 14, 1998. Parade begins at 9:30 a.m. and travels down Base Line from Vineyard to Archibald. The Celebration begins at 10:00 a.m. at the Epicenter and includes continuous entertainment, a craft fair, delicious food, a farmer's market, an antique auto show and the parade award ceremony. The theme for this years event is "American Pride: A Tribute to our Veterans". Staff is in the process of preparing packets for the celebration and developing the contract for the parade. Staff met with the Chamber of Commerce to inform them of City special events that the business community may have an interest in. Park Facility Reservations: · Staff has purchased permanent park reservation signs to be posted at all city picnic shelters. These signs will inform the public of which park sites/shelters are able to be reserved and which are available only on a first come, first served basis. The signs also provide residents with the phone number for the Community Services Department for further information. As applicable, staff also posts temporary signs at our four parks which can be reserved (Red Hill Community Park, Heritage Community Park, Hermosa Park and Coyote Canyon Park) to inform residents that the park has been reserved. The sign notes date, time, name of party reserving the park, park name, shelter number and indicates ifa moon bounce, pony rides or dunk tank, etc. has been approved as part of the reservation process. Information concerning park reservations is always included in The Grapevine. Staff also includes this information on RCTV-3. CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE August 19, 1998 Page 8 Trips and Tours: · Solvang - August 15, 1998. Just like a page from a Hans Christian Anderson, fairy tale, Solvang brings alive the spirit of Denmark alive right here in southern California. Trip includes plenty of time for shopping and exploring the town. Cost: $25.00. (Trip was sold out) · Getty Museum - August 30, 1998. A wonderful trip to the most talked about museum around. Cost: $12.00. (Sorry, trip is sold out) · Las Vegas - September 20-21, 1998. We'll be staying at the Union Plaza in the heart of downtown Las Vegas. Cost: Includes transportation, room, tax, and luggage services - $64/per person; double occupancy/S80 single occupancy. (Space is still available) iHuman Services: · Commodity Distribution - First Monday of the month from 1:30-3:00 p.m. at the Senior Center. USDA surplus food products are distributed to low income Rancho Cucamonga residents on a first come, first served basis. (Due to the Labor Day holiday distribution in September will occur on the 14th, which is the second Monday of the month.) · "The Doctor is In" - Free monthly seminars on topics of interest. All seminars take place at the Senior Center between 12 noon and 2:00 p.m. No program was schedule in August due to vacations. September 15 - How to Avoid Feeling Stressed. Featured presenter: Dr. Harvey D. Cohen. ,, Living, Learning and Laughing in the 90's - Bi-monthly seminars for seniors. All seminars take place at the Senior Center between 10:30-11:30 a.m.. August 12 - Prevention of Motion Sickness. August 26th - How to Organize a Travel Medicine Kit. · Elder Law Seminars - Monthly seminars for senior citizens. All seminars take place at the Senior Center between 11:00-12 noon. Private counseling is also available by appointment on the second Friday of the month between 12 noon and 2:00 p.m.. August 28 - Should I Have a Living Trust? · Senior Information and Assistance - Referral service available at the Senior Center by appointment on the 4th Thursday of the month between the hours of 10:00-12 noon. Service is provided by the County of San Bernardino, Department of Aging and Adult Services. Proposed Boxing Program: · Staff has met with Zach Padilla to review projected capital expenses. In addition, staff is exploring the annual lease expense to determine ira less conservative, more pragmatic lease amount can be determined. It is anticipated that this item will be coming back to City Council for an update within the next 30 days. CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE August 19, 1998 Page 9 Senior Van Transportation: · Staff has been working on the development of the contract between the City and YMCA for the Senior Transportation Program. The City is in the process of ordering a 15-seat passenger van. Staff has been informed that the GM strike has caused a shortage of available vehicles. In addition, the st/'ike has caused delays in having vehicles retro fitted with ADA equipment. Staff is exploring all options available to secure a vehicle for this program in the most time efficient manner possible. 'Vietnam Memorial Moving Wall: · Staff has begun the process of monthly planning meetings with the City Event Team and the co-applicant (VFW Post 8680 representatives) for the display of the Vietnam Memorial Moving Wall. A draft copy of a program for the opening ceremonies has been developed. Although the school superintendents were already informed at their June superintendent's meeting with the City about the Vietnam Memorial being displayed in our community during the month of October, staff is in the process of sending letters to the school districts encouraging them to schedule field trips to the site for their students. Along with the letter, staff will be including informational sheets highlighting facts concerning both the Vietnam Memorial Moving Wall and the Memorial in Washington, D.C. Staff is also in the process of working with the VFW to schedule a number of fund raising dinners. The first of these events is scheduled for Friday, August 21, 1998, from 6:00 p.m. until 8:00 p.m. at the Senior Center. Cost for the dinner is: $3.00 for children ages 11 and under and $5.00 for adults and youngsters ages 12 and up. Staff is working with local restaurants for the donation of the food. All proceeds from the event will be used to offset the cost of bringing the Vietnam Memorial Moving Wall to our community. Park and Recreation Commission: · Two new commissioners, Gary Bemis and Martin Dickey, took office at the Commission's July meeting. · During this reporting period the Commission discussed or took action of the following items: Consideration of joint school/park at the Arbors (formerly Victoria Lakes). Selection of Rancho Cucamonga as Co-Host City for the California Park and Recreation Society's Annual Conference to be held March 15-18, 2000. Update on Teen Afterschool Program. - Selection of Ann Punter to serve as Park and Recreation Commission representative on the Community Foundation. /ol7 CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE .August 19, 1998 Page 10 Epicenter: · Since the last report to City Council the following activities have taken place at the Epicenter: - A&R Group - Nike commercial (July 7, 1998) - Backyard Productions - Bud' Lite commercial (July 9, 1998) - Valley Baseball Club - Lenny Randel Legends Baseball Clinic (July 11, 1998) Staff is working with the following representatives for possible events at the Epicenter: - Valley Baseball Club - Hollywood Celebrities Special Baseball Game (August 22, 1998). - Inscope Filming - Dole Banana commercial (August/September, 1998). Noda Films - Baseball Uniform Photo Shoot (2 days beginning of September, 1998). Advent International Ministry - Gospel Revival (September 25, 26, 27, 1998). Community Services Department - Vietnam Memorial Moving Wall (October 23-29, 1998). Community Services Department - Founders Day Celebration (November 14, 1998). Quakes: The City has received a request to place temporary bleachers in the warning track for their August 29, 1998, game in an attempt to establish a new attendance record for the Epicenter. Staff is working with the Quakes on this venture. RTsp'ect~mitted' . Communl~Development Director RG:JF:KME Acting Community Services Director ('I~I~Y O I, R A N(' H O Ct.~ C' A MO N G A MEMORANDUM DATE: TO: FROM: SUBJECT: August 13, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager Kathy Scott, Deputy City Clerl~/'T CITY COUNCIL AGENDA - AUGUST 19, 1998 Attached for your information are copies of the Agreements for Consent Calendar Items D. 11 & D. 12: D. 11: "Approval of Agreement with Rancho Cucamonga Family YMCA to implement and deliver a Senior Transportation Program" D.12: "Approval of Contract for Use of the Mulberry Early Learning Center" cc: kls Jerry Fulwood, Deputy City Manager Debra J. Adams, CMC, City Clerk AGREEMENT WITH RESPECT TO IMPLEMENTATION AND DELIVERY OF SENIOR CITIZEN TRANSPORTATION PROGRAM -Fhis ,Agreement is made and entered into as of the latest date appearing opposite the respective parties' signature below, by and between the CITY OF RANCHO CUCAMONGA. a municipal corporation (hereinafter referred to as "CITY'), and the RANCHO CUCAMONGA FAMILY YMCA, a branch of the West End YMCA, a non-profit corporation in the State of California. (hereinafter referred to as "YMCA") concerning the implementation and delivery of a senior citizen transportation program within the city limits of Rancho Cucamonga. A. Recitals. (I) YMCA is a recognized community based non-profit organization established tbr the purpose of building strong kids, strong families and strong communities. (ii) City and YMCA desire to enter into an Agreement for the implementation and delivery, of a free transportation program to bring senior citizens to and from the Rancho Cucamonga Senior Center on the terms and conditions set forth herein. B. Agreement. NOW, THEREFORE, it is agreed by and between the CITY and YMCA as follows: 1. City to purchase and donate to YMCA a 15 seat passenger, paratransit bus (1998 Cal Trans Type II Eldorado Aerotech 220) that meets all current requirements as set forth by the Americans with Disability Act requirements for the purpose of providing a senior transportation service to and t¥om the Rancho Cucamonga Senior Center. 2. City to provide YMCA with a base station and five (5) radios for their vehicles that will provide a linked communication system for not only the senior transportation program but for all other YMCA programs. 3. Both parties agree to refer to said senior transportation program as a CITY/YMCA partnership. 4. YMCA to provide two morning trips picking senior citizens up at their homes and taking them to the Rancho Cucamonga Senior Center for the nutrition and leisure programs and two afternoon trips returning senior citizens to their homes. All such trips shall be a free service and shall occur during the time frame of approximately 9:00 a.m. and 3:00 p.m., Monday through Friday following the Rancho Cucamonga Senior Center calendar of operating dates. 5. YMCA shall provide at their expenses dispatch and reservation service for the senior transportation program. 6. YMCA shall provide at its expense third party liability coverage and comprehensive automobile coverage with respect to the operation of the vehicle contemplated in this agreement. The third party liability coverage shall be in a minimum amount of $1,000,000 per occurrence. The insurance policy shall beendorsed to name the City of Rancho Cucamonga and its elected officials, officers, agents and employees as additional insureds and shall otherwise be in form and content reasonably acceptable to City's Administrative Services Director and City Anomey. Proof that said insurance policy is in effect shall be provided to the City prior to YMCA performing its functions hereunder. Said policy shall remain in full force and effect during the term of this agreement. 7. YMCA shall be responsible at their expense for all maintenance, inspections. registration fees, smog checks, licenses, repairs due to accidents and titles required to operate said vehicle in the State of California. 8. YMCA shall be responsible at their expense for any all staff for the delivery of senior transportation program including but not limited to Class B certified drivers, dispatch personnel. etc. 9. Both parties shall arrange for publicity for the senior transportation program through such avenues as the CITY's Silver Fox and Grapevine publications, RCTV-3 and Comcast cable notices and press releases as well as through YMCA's publications. 10. program. YMCA to provide to CITY quarterly report detailing ridership statistics for the 11. YMCA to be able to use said donated vehicle for their programs during hours not publicized for the senior transportation program. 12. YMCA to maintain title of said donated vehicle, base station and radios only as long as they are able to provide services as outlined in this Agreement. 13. YMCA agrees to indemnify,, defend, save and hold harmless the City, its elected officials. officers, employees and agents from any claim, demand, action, cause of action or damages, and any attorney's fees or costed related thereto, in any way arising out of or connected with YMCA's performance of its obligations or activities hereunder to the maximum extent allowed by law. 14. City agrees to indemnify, de/End, save and hold harmless the YMCA, itsdirectors, officers, employees, and agents from any claim, demand, action, cause of action or damages, and any attorney's fees or costs related thereto, in any way arising out of or connected with City's performance of its obligations or activities hereunder to the maximum extent allowed by law. l 5. This Agreement may not be assigned or transferred without prior written consent of the CITY. Should such authorization be granted, YMCA agrees to inform any subcontractor of all stipulations of this Agreement. 16. CITY shall reserve the right to terminate this Agreement at any time, upon the failure of YMCA to comply with the terms and intent of this Agreement. Should such a termination occur. the ownership. possession and maintenance records from said donated vehicle and base station and radios shall revert back to the CITY. 17. Either parties shall reserve the right to terminate this Agreement without cause with 30 days written notice.-Should such a termination occur the ownership and possession of said donated vehicle and base station and radios shall revert back to the CITY. 18. Any proposed expansion of services in the senior transportation program shall be reviewed and agreed upon by both parties and shall necessitate the execution of an new Agreement outlining such services and stipulations. 19. Any and all existing Agreements or renewals between the parties hereto. covering the same subject matter. are hereby canceled and are superseded by this Agreement and such prior arrangements shall have no further force or effect. 20. This Agreement shall be governed by and construed for all purposes under the laws of the State of California. WHEREFORE. the parties hereto hereby enter into this Agreement. Dated: CITY OF RANCHO CUCAMONGA By: William J. Alexander, Mayor ATTEST: City Clerk Dated: rRSUN4ZHO CUCAMOlq6A FAxMIL'Y~-.YMCA By: '~~~'¢~0~'~~[ ,~ '~" Di~a Lee Mitchell. Executive Director MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS I. This agreement is made and entered into by and between the San Bernardino County Superintendent of :Schools, hereinafter called SUPERINTENDENT and the City of Rancho Cucamonga, hereinafter called CITY. II. DURATION OF THIS AGREEMENT The terms of this agreement shall be from September 1, 1998 through and including June 30, 1999. The agreement may be renewed for additional time periods without any adjustmen'ts in terms and conditions of 'this agreement, upon mutual agreement of the parties. Ill. CLASSROOM SPACE 'The SUPERINTENDENT agrees to provide one room of classroom space at Mulberry Early Education Center for use by CITY for a playschool program for up to twenty-four (24) children at a time, or any ,other reasonable number of children that can be accommodated in the space offered by SUPERINTENDENT, as determined by licensing by the Department of Social Services, Community Care Licensing Division. The rental fee for such space shall be one dollar ($1.00) annually, to be paid by CITY to SUPERINTENDENT by June 30, 1999. IV. CUSTODIAL SERVICES, AND UTILITIES The SUPERINTENDENT agrees to provide custodial cleaning services and to provide upkeep and maintenance of the facility known as Mulberry Early Education Center. SUPERINTENDENT will also provide necessary utilities including water, gas, and electricity. CITY agrees to pay a pro rata share of such costs for classroom space occupied by playschool programs. This pro rata share is determined to be $200.00 per month. V. HEALTH SERVICES ' SUPERINTENDENT agrees to have a school nurse based at the Mulberry Early Education Center. Children in CITY programs will have access to school nurse services provided by SUPERINTENDENT in the event of an emergency. Routine health matters and services will be the responsibility of CITY. VI. FURNITURE, EQUIPMENT, and CLASSROOM SUPPLIES CITY agrees to provide furniture, equipment and classroom supplies for students enrolled in CITY operated programs. SUPERINTENDENT agrees to provide furniture, equipment and classroom supplies for students enrolled in programs operated by SUPERINTENDENT. VII. SITE SUPERVISOR SUPERINTENDENT agrees to provide an administrator based at the site to serve as site supervisor. The site supervisor shall be responsible for the day to day direction of programs operated at the Mulberry Early Education Center. CITY will be responsible for curriculum, staffing, and general operation of the playschool program. VIII. HOLD HARMLESS mo SUPERINTENDENT shall defend, indemnify and hold CITY, its officers, agents and employees harmless' from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of the Agreement but only in proportion to and to the extent such as liability, loss, expense, attorneys' fees or claims for injury or damages that are caused by or a result from negligence or intentional acts or omissions of SUPERINTENDENT, its officers, agents or employees. CITY shall defend, indemnify and hold SUPERINTENDENT, its officers, agencies and employees harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of the Agreement but only in proportion to and to the extent such as liability, loss, expense, attorneys' fees or claims for injury or damages that are caused by or a result from negligence or intentional acts or omissions of CITY, its officers, agents or employees. Each party to this Agreement may, at its own expense, obtain and maintain in effect, during the term of this lease or any extension thereof, a policy of comprehensive general liability insurance with a minimum combined single limit of $1,000,000.00 to cover its obligation pursuant to this paragraph. IX. INTEGRATION Mulberry Early Education Center is an integrated site. CITY agrees to mainstream students enrolled in programs operated by SUPERINTENDENT. The proportion of students in any given classroom enrolled in CITY or SUPERINTENDENT programs may vary, but at no time will the number of students in a classroom exceed the legal limit established by licensing. X. WITNESS IN WITNESS WHEREOF, the said parties hereunto set their hands and seals this day and year. Barry Pulliam San Bernardino County Supt. of Schools City of Rancho Cucamonga Community Services Department Mailing Address: 601 N. "E" Street San Bernardino, CA 92410 Telephone (909) 387-3161 Date: Name and Title Mailing Address: P.O. Box 807 Rancho Cucamonga, CA 91729 Telephone (909) 477-2790 Date: dial-a-cab RIDER ALERT NEW ID POLICY and NEW SERVICE PROVIDER EFFECTIVE OCTOBER 1, 1998: To prove eligibility for Dial-A-Cab, you must show an Omnitrans Senior, Disability, or Americans with Disabilities Act (ADA) ID card. Omnitrans ID cards are offered at no charge to eligible persons through the Omnitrans Metro Office in San Bernardino. Documents which are accepted to proved eligibility are listed below. To receive an ID card application, call 1-800- 966-6428 or visit our office at: 1700 West Fifth St., San Bernardino. Senior Eligibility Documents for ID Card · Birth certificate · DMV ID card · Dri~'er¥ license · Social Security Medicare card Disability Eligibility Documents for ID Card · VA documentation of eligibility · Signed physician's statement on Omnitrans form · DMV disability ID card · Social Security Medicare card OVER Effective Immediately: Bell Cab Company is available to provide Dial- A-Cab service to qualified persons in selected cities. Please refer to table below. Traveling Bell Cab Yellow Cab Yellow Cab From: 800-899-9066 884-8777 622-7893 Bloomington x x Chine x x Chino Hi/Is x x Colton x Fontana ..~ x Grand Terrace ~ x Highland x x Loma Linda x x Mentone .~ x R. Cucamonga x Redlands x x Rialto x x San Bernardino x Upland x x Yucaipa x x Call the appropriate taxicab company to sched- ule your Dial-A-Cab trip based upon your pick- up location. Note that some cities are served by more than one cab company. Depending on your destination, you may need to call a different taxi company for the return trip, More Information For additional information regarding Dial-A- Cab, contact Omnitrans Information at 1-800-9-OMNIBUS (1-800-966-6428). 1700 West Fifth St., San Bernardino, CA 92411 1-909--889-0811 18 August 1998 Rancho Cucamonga City Council Brian Brock 6780 Teak Way Alta Loma, CA I request that the Council place on the next meeting agenda the review of County Ordinance Number RCMC10-33.140 (A) and Section 22651(K) of the Vehicle Code, which provides for removal of a vehicle from a highway after seventy-two (72) hours of continuous parking. I request to know: 1. The Council's intent of this Ordinance, and 2. How the Rancho Cucamonga Police (San Bernardino County Sheriff's) Department are to interrupt and enforce this Ordinance? Reason for the request is because I believe my vehicle was unlawfully towed, from in front of my home, and the vehicle damaged during the towing. Thank you for your consideration on my request. SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT VEHICLE CHECK/PARKING WARNING This vehicle has been observed parked on the FREEWAY/HIGHWAY RIGHT-OF-WAY by an officer of the Sheriff's Department. Date and Time ~-~ Officer NOTICE: YOUR ATTENTION IS DIRECTED TO THE STATEMENT(S) FOLLOWING THE BOX(ES) CHECKED: (. --'-] Section 22520 Vehicle Code prohibits the parking of a vehicle upon a freeway except under unusual circumstances, [] Section 22651 (f} Vehicle Code provides for removal of a vehicle if left unattended on a freeway for more than four (4) hours. Section 22651(k) Vehicle Code provides for removal of a vehicle from a highway after seventy-two (72) hours of continuous parking in violation of County Ordinance Number ,~.' [~.~._L~- '3'5. [.gc~ k, J]Section 22702 Vehicle Code provides for removal of a vehicle when an officer has reasonable grounds to believe it abandoned. '~--T1 Warning: VEHICLE WILL E~E TOw~o. 00 HOT STORE ON THE STREET THIS IS NOT A TRAFFIC CITATION CONTINUED VIOLATION MAY RESULT IN A CITATION TO OFFICERS THAT YOUR VEHICLE HAS BEEN CHECKED. "~/~ D~ NOT REMOVE ~",, ~ ~ '~ YOU WISH ADDITIONAL ,~ ~ ~ SERVICE. REMOVE THIS CARD BEFORE ATTEMPTING TO M E M O RAN D U M DATE: TO: FROM: SUBJECT: August 13, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager Kathy Scott, Deputy City Clerk~ .... : ,,~//~" CITY COUNCIL AGENDA -AUGUST 19, 1998 Attached for your information are copies of the Agreements for Consent Calendar Items D. 11 & D. 12: D.11: "Approval of Agreement with Rancho Cucamonga Family YMCA to implement and deliver a Senior Transportation Program" D.12: "Approval of Contract for Use of the Mulberry Early Learning Center" cc: kls Jerry Fulwood, Deputy City Manager Debra J. Adams, CMC, City Clerk AGREEMENT WITH RESPECT TO IMPLEMENTATION AND DELIVERY OF SENIOR CITIZEN TRANSPORTATION PROGRAM This Agreement is made and entered into as of the latest date appearing opposite the respective parties' signature below, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter rel~rred to as '~CITY'), and the RANCHO CUCAMONGA FAMILY YMCA. a branch or' the West End YMCA, a non-profit corporation in the Stale of California. (hereinafter retorted to as "YMCA") concerning the implementation and delivery of a senior citizen transportation program within the city limits of Rancho Cucamonga. A. Recitals. (I) YMCA is a recognized community based non-profit organization established tbr the purpose of building strong kids, strong families and strong communities. (ii) City and YMCA desire to enter into an Agreement lbr the implementation and delivery of a tkee transportation program to bring senior citizens to and from the Rancho Cucamonga Senior ('enter on the terms and conditions set tbrth herein. B. Agreement. NOW, THEREFORE, it is agreed by' and between the CITY and YMCA as follows: 1. City to purchase and donate to YMCA a 15 seat passenger, paratransit bus ( 1998 Cal Trans Type II Eldorado Aerotech 220) that meets all current requirements as set forth by the Americans with Disability Act requirements tbr the purpose of providing a senior transportation service to and from the Rancho Cucamonga Senior Center. 2. City to provide YMCA with a base station and five {5) radios ~br their vehicles that will provide a linked communication system tbr not only the senior transportation program but tbr all other YMCA programs. partnership. Both parties agree to refer to said senior transportation program as a CITY/YM CA 4. YMCA to provide two morning trips picking senior citizens up at their homes and taking them to the Rancho Cucamonga Senior ('enter Ibr the nutrition and leisure programs and txvo atlernoon trips returning senior citizens to their homes. All such trips shall be a free service and shall occur during the time tkame of approximately 9:00 a.m. and 3:00 p.m., Monday through Friday lbllowing the Rancho Cucamonga Senior Center calendar of operating dates. 5. YMCA shall provide at their expenses dispatch and reservation service tbr the senior transportation program. YMCA shall provide at its expense third party liability coverage and comprehensive automobile coverage with respect to the operation of the vehicle contemplated in this agreement. The third party liability coverage shall be in a minimum amount of $1,000,000 per occurrence. insurance policy shall be endorsed to name the City of Rancho Cucamonga and its elected officials, officers, agents and employees as additional insureds and shall otherwise be in form and content reasonably acceptable to C ity's Administrative Services Director and City Attorney. Proof that said insurance policy is in effect shall be provided ~o the City prior to YMCA perlbrming its functions hereunder. Said policy shall remain in full lbrce and ef/~ct during the term of this agreement 7. YMCA shall be responsible at their expense lbr all maintenance, inspections, registration tbes, smog checks, licenses, repairs due to accidents and titles required to ()perate said vehicle in the State of Calitbrnia. 8. YMCA shall be responsible at their expense/br any all staff tbr the deliveD,' of senior transportation program including but not limited to Class B certified drivers, dispatch personnel, etc. 9. Both parties shall arrange Ibr publicity lbr the senior transportation program through such avenues as the CITY's Silver Fox and Grapevine publications, RCTV-3 and Comcast cable notices and press releases as well as through YMCA's publications. 10. program. YMCA to provide to CITY quarterly report detailing ridership statistics for the 11. YMCA to be able to use said donated vehicle for their programs during hours not publicized Ibr the senior transportation program. 12. YMCA to maintain title of said donated vehicle, base station and radios only as long as they are able to provide services as outlined in this Agreement. 13. YMCA agrees to indemnify/, defend, save and hold harmless the City, its elected officials, officers, employees and agents from any claim, demand, action, cause of action or damages, and any attorney's fees or costed related thereto, in any way arising out of or connected with YMCA's per~bnnance of its obligations or activities hereunder to the maximum extent allowed bv law. 14. City agrees to indemnify,, delbnd, save and hold harmless the YMCA, its directors, olticers, employees, and agents from any claim, demand, action, cause of action or damages, and any attorney's tees or costs related thereto, in any way arising out of or connected with Citv's perfbrmance of its obligations or activities hereunder to the maximum extent allowed by law. 15. This Agreement may not be assigned or translbrred without prior written consent of the CITY. Should such authorization be granted. YMCA agrees to inlbrm any subcontractor oI'all stipulations of this Agreement. 1 6. CITY shall reserve the right to terminate this Agreement at any time. upon the Ihilure of YMCA to comply w'ith the terms and intent of this Agreement. Should such a termination occur, the ownership. possession and maintenance records fi'om said donated vehicle and base station and radios shall revert back to the CI[Y. 17. Either parties shall reserve the right to terminate this Agreement without cause with 30 days written notice. Should such a termination occur the ownership and possession of said donated vehicle and base station and radios shall revert back to the CITY. 18. Any proposed expansion of services in the senior transportation program shall be reviewed and agreed upon by' both parties and shall necessitate the execution of an new-Agreement outlining such services and stipulations. 19. Any and all existing Agreements or renewals between the parties hereto. covering the same subject matter. are hereby' canceled and are superseded by this Agreement and such prior arrangements shall have no further three or effect. 20. This Agreement shall be governed by and construed tbr all purposes under the laws of the State of Califbrnia. WHEREFORE. the parties hereto hereby enter into this Agreement, Dated: ('[TY OF RANCHO CUCAMONGA William J. Alexander, Mayor ATTEST: City Clerk Dated: ,/R'-XNCHO CUCAM,O~,I~A FAMI~,'Y~- YIVICA Diana Lee Mitchell. Executive Director MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS I. This agreement is made and entered into by and between the San Bernardino County Superintendent of :Schools, hereinafter called SUPERINTENDENT and the City of Rancho Cucamonga, hereinafter called CITY. ][I. DURATION OF THIS AGREEMENT The terms of this agreement shall be from September 1, 1998 through and including June 30, 1999. The agreement may be renewed for additional time periods without any adjustments in terms and conditions of this agreement, upon mutual agreement of the parties. III. CLASSROOM SPACE The SUPERINTENDENT agrees to provide one room of classroom space at Mulberry Early Education Center for use by CITY for a playschool program for up to twenty-four (24) children at a time, or any other reasonable number of children that can be accommodated in the space offered by SUPERINTENDENT, as determined by licensing by the Department of Social Services, Community Care Licensing Division. The rental fee for such space shall be one dollar ($1.00) annually, to be paid by CITY to SUPERINTENDENT by June 30, 1999. IV. CUSTODIAL SERVICES, AND UTILITIES The SUPERINTENDENT agrees to provide custodial cleaning services and to provide upkeep and ~naintenance of the facility known as Mulberry Early Education Center. SUPERINTENDENT will also provide necessary utilities including water, gas, and electricity. CITY agrees to pay a pro rata share of such costs for classroom space occupied by playschool programs. This pro rata share is determined to be $200.00 per month. V. HEALTH SERVICES SUPERINTENDENT agrees to have a school nurse based at the Mulberry Early Education Center. Children in CITY programs will have access to school nurse services provided by SUPERINTENDENT in the event of an emergency. Routine health matters and services will be the responsibility of CITY. VI. FURNITURE, EQUIPMENT, and CLASSROOM SUPPLIES CITY agrees to provide furniture, equipment and classroom supplies for students enrolled in CITY operated programs. SUPERINTENDENT agrees to provide furniture, equipment and classroom supplies fbr students enrolled in programs operated by SUPERINTENDENT. VII. SITE SUPERVISOR SUPERINTENDENT agrees to provide an administrator based at the site to serve as site supervisor. The site supervisor shall be responsible for the day to day direction of programs operated at the Mulberry Early Education Center. CITY will be responsible for curriculum, staffing, and general operation of the playschool program. VIII. HOLD HARMLESS SUPERINTENDENT shall defend, indemnify and hold CITY, its officers, agents and employees harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of the Agreement but only in proportion to and to the extent such as liability, loss, expense, attorneys' fees or claims for injury or damages that are caused by or a result from negligence or intentional acts or omissions of SUPERINTENDENT, its officers, agents or employees. CITY shall defend, indemnif3' and hold SUPERINTENDENT, its officers, agencies and employees harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of the Agreement but only in proportion to and to the extent such as liability, loss, expense, attorneys' fees or claims for injury or damages that are caused by or a result from negligence or intentional acts or omissions of CITY, its officers, agents or employees. Each party to this Agreement may, at its own expense, obtain and maintain in effect, during the term of this lease or any extension thereof, a policy of comprehensive general liability insurance with a minimum combined single limit of $1,000,000.00 to cover its obligation pursuant to this paragraph. IX. INTEGRATION Mulberry Early Education Center is an integrated site. CITY agrees to mainstream students enrolled in programs operated by SUPERINTENDENT. The proportion of students in any given classroom enrolled in CITY or SUPERINTENDENT programs may vary, but at no time will the number of students in a classroom exceed the legal limit established by licensing. X. WITNESS IN WITNESS WHEREOF, the said parties hereunto set their hands and seals this day and year. Barry Pulliam San Bernardino County Supt. of Schools City of Rancho Cucamonga Community Services Department Mailing Address: 601 N. "E" Street San Bernardino, CA 92410 Telephone (909) 387-3161 Name and Title Mailing Address: P.O. Box 807 Rancho Cucamonga, CA 91729 Telephone (909) 477-2790 Date: Date: Hot N~w ~ricing for FIg~r~ and Form:~ Your Choice of Color Ink BLACK, BLUE, GREEN or RED 8 1/2 x 11" 20# White Bond 1 Sided 8 1/2 x 11" 20# White Bond 2 Sided 500 - $17.50 500 - 827,50 1000- $29.00 1000- $45,00 2000- $54,00 2000- $80.00 3000- $75,00 3000- $105,00 4000- $92.00 4000- $132.00 5000 - $99.50 5000 - $149,50 8 1/2 x 11" 20# Colored Bond 1 Sided 500- $19.50 1000- $32.50 2000- $60.00 3000- $84.00 4000- $104,00 5000 -$114.50 8 1/2 x 11" 20# Colored Bond 2 Sided 500- $29,50 1000- $48.0O 2O00- $86,00 3000 - $114,00 4000 - $144,00 5000- $164,50 T O N 11 x 1 7" 20# White Bond 1 Sided 500- $35.00 1000- $58.00 2000- $108,00 3000- $150,00 4000- $184,00 5000- $199,00 11 x 17" 20# White Bond 2 Sided 500- $55.00 1000- $90.00 2000- $160,00 3000- $210,00 4000- 8264.00 5000- 8298.00 Some Restrictions Apply Just bring in your black & white original before 2:00 PM and you'll have your order the same day, A40~7 0RPtRS' WNIL£ YOU WAIT/ MINUTEMAN PRESS 9269 'Utica Ave., Suite 14() Rancho Cucamonga, CA. 91730 Tel' (9(11}91') 483-0688 iFax: (19091) 483-069