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HomeMy WebLinkAbout1996/01/03 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. January 3, 1996 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers William J. Alexander, Mayor Rex Gutierrez, Mayor Pro Tem Paul Biane, Councilmember James V. Curatalo, Councilmember Diane Williams, Councilmember Jack Lam, CiO~ Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 989-1851 City Council Agenda January 3, 1996 All items submitted forthe City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on the Tuesday prior to the meeting. The City Clerk's Office receives all such items. 1. Roll Call: A. CALL TO ORDER Alexander , Biane , Curatalo Gutierrez , and Williams __ B. ANNOUNCEMENTS/PRESENTATIONS Presentation of Proclamation to Fire Engineer Steve Kilmer, recognizing his leadership and commitment in guiding the community's "Spark of Love" toy campaign. 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 Warrants, Register Nos. 12/13/95 and 12/20/95; and Payroll ending 11/30/95 and 12/14/95 for the total amount of $2,305,274.28. Approval to authorize the advertising of the "Notice Inviting Bids" for the Ninth Street Improvements, from Grove Avenue to Edwin Street, to be funded from Community Development Block Grant Funds, Account 28-4333-9316. RESOLUTION NO. 96-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE NINTH STREET IMPROVEMENTS FROM GROVE AVENUE TO EDWIN STREET IMPROVEMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 10 11 City Council Agenda January 3, 1996 2 Approval of extension of Comcast Cable T.V. Franchise. RESOLUTION NO. 91-012W A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCAMONGA Approval of an amendment to the contract (CO 188) between the Board of Administration of the Public Employees' Retirement System and the City of Rancho Cucamonga. RESOLUTION NO. 96-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA Approval of a Summary Vacation of a portion of the vehicular access rights easement shown over Parcel No. 3 of Parcel Map No. 12848, located on the south side of Arrow Route west of Red Oak Street, associated with Conditional Use Permit 95-20 and Certificate of Correction No. 391 for Lot Line Adjustment. RESOLUTION NO. 96-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF THE VEHICULAR ACCESS RIGHTS EASEMENT SHOWN OVER PARCEL NO. 3 OF PARCEL MAP NO. 12848 Approval to Release Faithful Performance Bond No. 229987S, and accept a Reduced Faithful Performance Bond for Tract 14192, located south of Nineteenth Street, between Hellman and Amethyst. Release: Faithful Performance Bond 229987S Accept: Faithful Performance Bond $250,000.00 100,000.00 Approval to Release Maintenance Bond for Tract 13857 located on the northwest corner of Milliken Avenue and Vintage Drive. 15 16 17 18 22 25 29 30 Release: Maintenance Guarantee Bond $ 9,400.00 City Council Agenda January 3, 1996 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. No Items Submitted. F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony, CONSIDERATION OF PERMIT APPLICATION BY COLE SCHAEFER AMBULANCE TO PROVIDE BLS AMBULANCE SERVICES IN RANCHO CUCAMONGA CONSIDERATION OF A RESOLUTION APPROVING THE SALE OF LEASE REVENUE BONDS BY THE CALIFORNIA COMMUNITIES LOCAL PUBLIC IMPROVEMENTS FINANCING AUTHORITY, IN AN AMOUNT NOT TO EXCEED $16,00,000, FOR THE PURCHASE AND REHABILITATION OF THE RANCHO CUCAMONGA HOSPITAL AND MEDICAL FACILITY, LOCATED AT 10841 WHITE OAK AVENUE, BY HERITAGE RANCHO HEALTHCARE, INC. RESOLUTION NO. 96-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGARDING THE HOLDING OF A PUBLIC HEARING IN CONNECTION WITH THE ISSUANCE AND DELIVERY OF LEASE REVENUE BONDS BY THE CALIFORNIA COMMUNITIES LOCAL PUBLIC IMPROVEMENT FINANCING AUTHORITY TO FINANCE THE ACQUISITION AND REHABILITATION OF THE RANCHO CUCAMONGA HOSPITAL AND MEDICAL CENTER PROJECT 31 33 G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. City Council Agenda January 3, 1996 4 H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. No Items Submitted. I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. No Items Submitted. 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 he limited to five minutes per individual. L. ADJOURNMENT 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 December 28, 1995, seventy-two (72) hours pdor to the meeting per Government Cede 54954.2 at 10500 Civic Center Drive. % Z Z "e ~,) ~r'JC3 ,v _1 .. ,-,e ~.) 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J Ill w we I- m z I,.m · I~I : ' ' "0""' ' le,,I ac · Z,u O.J4,J ~, l' I,,, I~JI ( h4 wk, 3~J3Zk,lkel,ll--:14 levi Z I k~W I~A~I I-- z I,d.~ .,JLkqI, heiI, k,eV~m, HM,,IL~iZa,,I:IL I1-1 ~ w w,J WtL41k4JW44:,41LWr"ODU. WtL N N N N J V Ve """""' ,.,,,,,--,.,,.,,,,,,,,., :"""""°""""0"" Omrl,4N,llUWQw'3EIIJILWUJ~J:)O ~ fluff GO WWk~ We ¢W~NWWWWm~, ~ed~W CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: January 3, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Linda R. Beek, Jr. Engineer AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR · THE NINTH STREET IMPROVEMENTS, FROM GROVE AVENUE TO EDWIN STREET, TO BE FUNDED FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, ACCOUNT 28-4333-93 16 RECOMMENDATION: It is recommended that the City Council approve plans and specifications for the Ninth Street Improvements, from Grove Avenue to Edwin Street and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids." BACKGROUND/ANALYSIS The subject project plans and specifications have been completed by staff and approved by the City Engineer. The Engineer's estimate for construction is $194, 185.00. Legal advertising is scheduled for January 9, 1996, and January 16, 1996, with the Bid opening at 2:00 P.M. on Tuesday, February 6, 1996 Respectfully submitted, William J. O'Neil City Engineer WJO:LRB:Iy Attachment RESOLUTION NO. q 6~ ~ ~D'C) t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE NINTH STREET IMPROVEMENTS FROM GROVE AVENUE TO EDWIN STREET IMPROVEMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "Ninth Street Improvements, from Grove Avenue to Edwin Street". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bemardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said the City of Rancho · Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 P.M. on Tuesday, February 6, 1996, sealed bids or proposals for the ""Ninth Street Improvements, from Grove Avenue to Edwin Street" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, Califomia 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cueamonga, California, marked, "Bid for Construction of "Ninth Street Improvements, from Grove Avenue to Edwin Street". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of Califomia Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk 0fthe City ofRancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the // City of Rancho Cucamonga, not more than twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the pro- visions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or C, When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least ten percent (10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucam0nga. Contractor shall possess any and all contractors licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including but not limited to a Class "A" License (General Engineering Contractor) or Class "LICENSE" in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code", Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer,-will be furpished upon application to the City of Rancho Cucamonga and payment of $35.00 (THIRTY-FIVE), said $35.00 (THIRTY-FIVE) is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, California, reserves the right to reject any and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this 3rd day of January, 1996. PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 3rd day of January, 1996. ATTEST: William J. Alexander, Mayor Debbie J. Adams, City Clerk ADVERTISE ON: January 9, 1996 and January 16, 1996 CITY OF RANCHO CUC,MvIONGA STAFF REPORT DATE: TO: FROM: SUBJECT: January 3, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane Baker, Assistant to the City Man~~7~::7 EXTENSION OF COMCAST CABLE T.V. FRANCHISE RECOMMENDATION Adoption of Resolution No. 91-012W extending Comcast's Franchise License for 90 days. BACKGROUND The City staff would appreciate the opportunity to continue with the negotiations with Corncast to insure that every opportunity has been made available to Corncast to obtain a Franchise License. DAB:jls Attachment RESOLUTION NO. 91-012W A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCAMONGA WHEREAS, the Franchise License granted to Comcast Cable T.V. by the County of San Bemardino and grandfathered into the City of Rancho Cucamonga will expire on January 11, 1996; and WHEREAS, negotiations are ongoing between the City ofRancho Cucamonga and Comcast Cable T.V.; and WHEREAS, all terms and conditions of the current license will continue the same. NOW, THEREFORE, the City Council of the City ofRancho Cucamonga does hereby resolve to extend the Franchise License for 90 days after the expiration of the current County of San Bemardino License. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: January 3, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager Robert C. Dominguez, Administrative Services Director A RESOLUTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RECOMMENDATION It is recommended that the City Council adopt the Resolution to approve an amendment to the contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Rancho Cucamonga. BACKGROUND The Board of Administration of the Public Employees' Retirement System and the City entered into a contract effective January 28, 1978 and witnessed January 26, 1978, amended effective September 22, 1980, November 16, 1981 and September 26, 1988, which provides for participation in the Public Employees' Retirement System (PERS). The purpose of the attached Resolution is to amend the City's contract to provide 2% @ 55 Full formula for local miscellaneous members, including an extension of the funding period to the year 2016. The "Exhibit" attached to the Resolution discloses the exact verbiage of the amendments to the contract and explains specifically what paragraphs are affected; the "Exhibit" also clarifies the level of the 1959 Survivor Benefits provided in the contract. Respectfully bmitted ~i RAervice~ssDirector ob ~guez RCD:pag Attachments RESOLUTION NO. 96- A RESOLUTION TO APPROVE AN AMENDMENT TO CONTRACT BETVVEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC; EMPLOYEES' RETIREMENT SYSTEM AND THE GITY C;OUNGIL OF THE CITY OF RANC;HO CUCAMONGA WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide 2% @ 55 Full formula for local miscellaneous members, including an extension of the funding period to the year 2016. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA EXHIBIT The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafier referred to as Public Agency, having entered into a contract effective January 28, 1978, and witnessed January 26, 1978, and as amended effective September 22, 1980, November 16, 1981 and September 26, 1988, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A, Paragraphs 1 through 10 are hereby stricken from said contract as executed effective September 26, 1988, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive: All words and terms used herein which are defmed in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members. , Public Agency shall participate in the Public Employees' Retirement System from and after January 28, 1978 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. , Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: Employees other than local safety members (herein referred to as local miscellaneous members). In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.132 of said Retirement Law (295 at age 55 Full). /q PLEASE DO NOT SIGN "EXHIBIT ONLY" , Public Agency elected and elects to be subject to the following optional provisions: a. Section 20024.2 (One-Year Final Compensation). b. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. Sections 21022/21022.1 (Industrial Disability Retirement For Local Miscellaneous Members). d. Section 21298 (Improved Non-Industrial Disability Allowance). Section 21382.4 (Third Level of 1959 Survivor Benefits) pursuant to Article 6 (commencing with Section 21380). Section 20614, Statutes of 1978, (Reduction of Normal Member Contribution Rate). From September 22, 1980 and until November 15, 1981, the normal local miscellaneous member contribution rate shall be 0 %. Legislation repealed said Section effective September 29, 1980. g. Section 20614, Statutes of 1980, (To Prospectively Revoke Section 20614, Statutes of 1978). Public Agency, in accordance with Government Cede Section 20759, shall not be considered an "employern for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20759, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20759. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. Public Agency shall also contribute to said Retirement System as follows: Public Agency shall contribute $2.00 per member, per month on account of the liability for the 1959 Survivor Benefits provided under Section 21382.4 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b, A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 10. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 11. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. This amendment shall be effective on the day of , 19 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY CHIEF ACTUAR~ ACTUARIAL OFFIC~c~ PUBLIC EMPLOYEES' ~II~I~MENT SYSTEM CITY COUNCIL OF THE CITY OF BY Presiding Officer RANt~ CUCAMONGA Witness Date Attest: Clerk AMENDMENT PERS-CON-7(Y2A (Rev. 3/95) ©/ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: January 3, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Jerry Dyer, Associate Engineer APPROVAL OF A SUMMARY VACATION OF A PORTION OF THE VEHICULAR ACCESS RIGHTS EASEMENT SHOWN OVER PARCEL NO. 3 OF PARCEL MAP NO. 12848, LOCATED ON THE SOUTH SIDE OF ARROW ROUTE WEST OF RED OAK STREET, ASSOCIATED WITH CONDITIONAL USE PERMIT 95-20 AND CERTIFICATE OF CORRECTION NO. 391 FOR LOT LINE ADJUSTMENT RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution ordering the summary vacation of a portion of the vehicular access fights easement shown and described in Exhibits "A" and "B" attached hereto. BACKGROUND/ANALYSIS: On November 8, 1995, the Planning Commission of the City of Rancho Cucamonga, per Resolution No. 95-55, approved Conditional Use Permit No. 95-20, for the development of a Hamburger Express Drive-Thru Restaurant, located in the General Industrial District (Subarea 8) of the Industrial Area Specific Plan, on the southwest comer of Arrow Route and Red Oak Street. As a condition of approval the project is required to vacate the recorded vehicular access rights easement shown over a portion of Parcel No. 3 of Parcel Map No. 12848, and dedicate a replacement vehicular access fights easement that coincides with the approved Conditional Use Permit and Lot Line Adjustment. The Planning Commission determined the vacation conforms to the General Plan and recommended the vacation occur. The new vehicular access rights easement has been dedicated and will be recorded concurrently with the vacation documents. CITY COUNCIL STAFF REPORT SUMMARY VACATION OF PARCEL MAP NO. 12848 January 3, 1996 Page 2 Section 8331 of the Streets and Highways Code states local agencies may summarily vacate a public easement if said easement has been superseded by relocation. Respectfully submitted,  -eFWilliam J. O'Neil City Engineer WJO:JAD:dlw Attachments: Vicinity Map Exhibits "A" and "B" - Legal description and plat Resolution V-136 Map VICINITY MAP _1_ I PARCEL I PARCEL 2 PARCEL 3 PARCEL MAP 12848 SITE CUP 95-20 N.T.$. CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA FILE: V-136 ~q RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF THE VEHICULAR ACCESS RIGHTS EASEMENT SHOWN OVER PARCEL NO. 3 OF PARCEL MAP NO. 12848 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 vehicular access rights easement as shown over Parcel 3 of Parcel Map No. 12848, herein more particularly described; and WHEREAS, the City Council found all the evidence submitted that said vehicular access rights easement has been superseded by relocation and therefore is no longer required. 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 said vehicular access rights easement as shown on Map V-136 on file in the Office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description and plat which is attached hereto, marked Exhibit "A" and "B", and by reference made a part hereof. SECTION 2: The subject vacation shall be s~bject to the reservations and exceptions, if any, for existing utilities on record. SECTION 3: That from and after the date the resolution is recorded, said vehicular access rights easement no longer constitutes the portion of Parcel No. 3 of Parcel Map No. 12848. SECTION 4: 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 5: 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" VEHICULAR ACCESS TO BE VACATED BY THE CITY OF RANCHO CUCAMONGA A PORTION OF AND PARCEL 3 OF PARCEL MAP NO. 12848 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA RECORDED IN BOOK 148, PAGES 18 THOUGH 20 INCLUSIVE IN THE OFFICE OF THE COUNTY RECORDER OF SAD COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF PARCEL 3, OF SAID PARCEL MAP NO. 12848, SAID CORNER LYhNG ON THE SOUTHERLY RIGHT OF WAY OF ARROW ROUTE; THENCE ALONG SAID RIGHT OF WAY SOUTH 89°17'12" EAST 217.40 FEET TO THE TRUE POINT OF BEGINNING. THEN CONTINUE ALONG SAID RIGHT OF WAY SOUTH 89°17'17" EAST 35.00 FEET. AS ADDITIONALLY SHOWN ON EXHIBIT "B" AND BY THIS REFERENCE MADE A PORTION HEREOF. EXHIBIT "B" AI,99 "I? 'l& "bY' ~ ~f~ f~j~ 0 . P. RfeL'EZ _~ t°/IREEL I~A? I?g %g .,j k, ~7 F ~ EXISTING NON-VEHICULAR ACCESS EASEMZENT TO BE VACATED I'~ AREA TO BE VACATED IL/~ ° 17' " P,~RCEL Z P/JREEL ,~4A? IZe Me j Y J CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: January 3, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Linda R. Beek, Jr. Engineer c. RELEASE FAITHFUL PERFORMANCE BOND NO. 229987S, AND ACCEPT A REDUCED FAITHFUL PERFORMANCE BOND FOR TRACT 14192, LOCATED SOUTH OF NINETEENTH STREET, BETWEEN HELLMAN AND AMETHYST RECOMMENDATION: The required improvements for Tract 14192 are 99% complete, it is recommended that the City Council release the existing Faithful Performance Bond in the amount of $250,000.00, and authorize the City Clerk to accept a Faithful Performance Bond in the amount of $100,000.00. BACKGROUND/ANALYSIS As a condition of approval of completion of Tract 14192, located south of Nineteenth Street, between Hellman and Amethyst, the applicant was required to complete the street improvements for the tract. That applicant has finished all improvements accept the landscaping. The applicant has submitted a reduced Faithful Performance Bond to guarantee the construction of the remaining improvements. Therefore, it is recommended that City Council release and accept the existing Faithful Performance Bond as follows. Developer: Hix Development Corporation 437 South Cataract Avenue, Suite 3 San Dimas, CA 91773 Accept: Faithful Performance Bond in the amount of: $100,000.00 Release: Faithful Performance Bond No. 2299875 in the amount of: $250,000.00 Respectfully submitted, William J. O'Neil q"a'(City Engineer ~,,WJO:lrb:ly CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: January 3, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Cathy Becker, Public Works Inspector II APPROVAL TO RELEASE MAINTENANCE BOND FOR TRACT 13857, LOCATED ON THE NORTHWEST CORNER OF MILLIKEN AVENUE AND VINTAGE DRIVE RECOMMENDATION: It is recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bond. BACKGROUND/ANALYSIS The required one year maintenance period has ended and the street improvements remain flee from defects in materials and workmanship. DEVELOPER: Brock Homes 201 East Sandpointe, Suite 100 Santa Ana, CA 92707 Respectfully submitted, William J. O'Neil ,4~e City Engineer WJO:CB:dlw CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO:. FROM: SUBJECT: January 3, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager CONSIDERATION OF PERMIT APPLICATION BY COLE-SCHAEFER AMBULANCE TO PROVIDE BLS AMBULANCE SERVICE IN RANCHO CUCAMONGA The City has received an application from Cole-Schaefer Ambulance Service to provide Basic Life Support (BLS) service in the City of Rancho Cucamonga. BLS service is non-emergency service and the ambulances are staffed by Emergency Medical Technicians (EMTs) rather than paramedics. In reviewing Cole-Schaefer's application, the staff has found it to be complete. However, if a permit were to be granted it would have to exclude all parts of the City east of Rochester Avenue, as Cole-Schaefer does not have a County permit to provide services in that area. A County permit is required as a prerequisite to obtaining a City permit. While Cole-Schaefer is not permitted by the County to provide paramedic services and can only operate BLS transport west of Rochester, the City Council could still issue a permit. However, in addition to considering the completeness of their application, the City Council can also consider the need and necessity of having an additional ambulance provider in the City. Section 8.18.060 B. (4) of the Municipal Code states that the City Council may deny a permit if "...there is insufficient need for such additional ambulance service within the city, provided that the sole fact that there is an existing provider or providers shall not constitute sufficient proof that the condition exists." In other words, the fact that we already have a permit issued to MedTrans (Mercy Ambulance) is not sufficient cause to deny Cole-Schaefer's permit. However, should the City Council find that services currently provided are adequate to meet the needs of the community as far as BLS is concerned or that the addition of another permittee could be detrimental in some way to the health and safety of residents, then they would have grounds to deny the permit. In addition to the above factors, the Fire Chief has reviewed this application. The Fire Chief's concern is for maintaining the City Council's and Fire Department's goal of providing the very best public safety services in the community. Our current ambulance provider serves the City from five locations in the City and all ambulances are staffed with paramedics to provide ALS services. The Fire Chief's preference is to have all ambulances operating in the City permitted and staffed with paramedics and capable of handling Advanced Life Support emergencies. His rationale for this preference is to insure that the ambulance company is better able to handle a call that might deteriorate from a BLS call to one requiring ALS services. For this reason, the Fire Chief would prefer the City permit only those companies able to provide the highest level of service to our residents. CONSIDERATION OF AMBULANCE PERMIT January 3, 1996 Page 2 After considering the above and the testimony to be given at the public hearing, the City Council will need to direct staff to issue the permit or to deny the permit based on community need and necessity. Based on the City Council's decision, the staff will prepare the necessary follow-up. Duane A. Baker Assistant to the City Manager /dab DATE: TO:. CITY OF RANCH0 CUCAMONGA STAFF REPORT January 3, 1996 Mayor and Members of the City Council Jack Lam, AICP, Executive Director FROM: Rick Gomez, Community Development Director BY: Olen Jones, Senior Redevelopment Analyst SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING THE SALE OF LEASE REVENUE BONDS BY THE CALIFORNIA COMMUNITIES LOCAL PUBLIC IMPROVEMENTS FINANCING AUTHORITY, IN AN AMOUNT NOT TO EXCEED $16,000,000, FOR THE PURCHASE AND REHABILITATION OF THE RANCHO CUCAMONGA HOSPITAL AND MEDICAL FACILITY, LOCATED AT 10841 WHITE OAK AVENUE, BY HERITAGE RANCHO HEALTHCARE, INC. RECOMMENDATION Adopt the attached resolution approving the sale of the bonds. BACKGROUND In 1993, the hospital facility and medical office building were completed by Kajima Development Corporation, and certified by the State of California for operation as a general acute care hospital. The facility never opened, due to disputes between the developer and owner. Under the Tax Equity and Fiscal Responsibility Act (TEFRA), a public hearing must be held prior to the issuance of the bonds. The public hearing has been advertised in the local paper. Upon conclusion of the public hearing, adoption of the resolution is the only participation in the financing required of the City. ANALYSIS Heritage Rancho Healthcare, Inc. (Heritage), a non-profit healthcare organization, has entered into contract for the acquisition of the facility. Heritage intends to open the hospital as a long term acute care facility. This type of facility is generally targeted towards patients who have suffered severe physical trauma, and require extended medical treatment and rehabilitation. Long term acute care hospitals work in complement with general acute care hospitals, such as San Antonio Hospital. Once medically stabilized and recovering, the patient would be transferred to this facility, to reduce the cost to both patient and ~x,_h°spital' January 3, 1996 Staff Report - Heritage Rancho Healthcare, Inc. Page 2 Heritage will be obtaining financing from the California Communities Local Public Improvements Financing Authority, a Joint Powers Authority created specifically to finance projects such as this. The bonds are obligations of the project only, and are secured only by the lease revenues generated from the facility itself. No City funds are pledged towards the debt service of the bonds, nor does the City make any guarantees related to the financing. There is no financial liability of any kind for the City. Heritage has obtained letters of interest from several area hospitals who view the proposed facility as a benefit. San Antonio Community Hospital, Loma Linda University Medical Center, San Bernardino County Hospital, JFK Hospital, and others have expressed support for the development of the facility. When opened, the hospital will create approximately 200 new jobs in the City. associated medical office building will provide additional employment opportunities in the City. R!s ;ctf y submitted, The RESOLUTION NO. 96- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGARDING THE HOLDING OF A PUBLIC HEARING IN CONNECTION WITH THE ISSUANCE AND DELIVERY OF LEASE REVENUE BONDS BY THE CALIFORNIA COMMUNITIES LOCAL PUBLIC IMPROVEMENT FINANCING AUTHORITY TO FINANCE THE ACQUISITION AND REHABILITATION OF THE RANCHO CUCAMONGA HOSPITAL AND MEDICAL CENTER PROJECT WHEREAS, to finance the acquisition and rehabilitation of the Rancho Cucamonga Hospital and Medical Center Project located within the boundaries of the City of Rancho Cucamonga (the "Project"), the California Communities Local Public Improvement Financing Authority (the "Authority") has expressed its intent to issue certain lease revenue bonds in the aggregate principal amount not to exceed $16,000,000 (the "Bonds"); and WHEREAS, this City Council is the elected legislative body of the City of Rancho Cucamonga (the "City"); and WHEREAS, in accordance with Section 147(f) of the Internal Revenue Code of 1986, as amended (the"Code"), the City Clerk provided for the timely publication of a Notice of Public Hearing, to the effect that a public hearing would be held by this City Council on January 3, 1996, regarding the issuance of the Bonds by the Authority and the nature and the location of the Project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES RESOLVE AS FOLLOWS: Section I. This City Council does hereby find and declare that the above recitals are true and correct. Section 2. Pursuant to Section 147(f) of the Code, this City Council held public hearing on this day and provided an opportunity to present arguments both for and against the issuance of the Bonds and the nature and location of the Project. This City Council has further considered all testimony and comments submitted in connection with the issuance of the Bonds and the nature and location of the Project an the public hearing. Section 3. After consideration of comments received at the public headng, the City Council of the City hereby approves the issuance of the Bonds by the Authority and the operation of the Authority within the City to provide financing for the acquisition and rehabilitation of the Project. Section 4. It is the purpose and intent of the City that this Resolution constitute approval by the applicable elected representative in accordance with the terms of Section 147(f) of the Code. Section 5. This Resolution shall take effect from and after the date of its passage and adoption. Section 6. The City Clerk shall certify to the adoption of this Resolution. DATE: TO.' FROM: SUBJECT: January 3, 1996 CITY OF RANCHO CUCAMONGA MEMORANDUM Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City REQUEST FOR CONTINUANCE OF PERMIT HEARING FOR COLE-SCHAEFER AMBULANCE Attached is a letter from Cole-Schaefer Ambulance requesting that the hearing for their ambulance permit application be continued for at least 30 days. If the City Council wants to grant this request, the hearing will still have to be opened at tonight's City Council meeting, as it was an advertised public hearing. Then the City Council can ask if there is anyone who would like to give testimony that can't be present on the new hearing date. After that, the City Council simply continues the hearing. The new hearing date would be February 7, 1996. One thing to note, in their letter, Cole-Schaefer implies that they had no notice of the hearing until December 28, 1995. That fact is false. I had conversations with Brian Scott of Cole-Schaefer in late November to let him know when the public hearing would be scheduled. It is true that they did not receive a copy of the staff report until December 281h. That is because the staff report wasn't finished until the day before. These facts shouldn't make a difference in your decision but I did want to make sure the City Council had the facts. /dab . SCHAEFER z4 MB UL4NCE January 2, 1996 Mr. Duane A. Baker Assistant to the City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, Ca. 91729 Dear Mr. Baker: On December 28, 1995, we received by FAX transmission, notice that our application for a permit to provide BLS ambulance service in Rancho Cucamonga would come on your council agenda of January 3, 1996. We respectfully request this item be postponed for at least 30 days so that we may have sufficient time to prepare our presentation and to enable us to make appropriate notifications to parties who have an interest in our application. I am sure you'll agree that with the holidays and extremely short notice, our request is reasonable. Sincerely, Brian Scott Regional Manager cc: Mr. James McNeal City Clerk's office Fran Dowling 324 NORTH TOWNE AVENUE, POMONA, CALIFORNIA 91767 PHONE (818) 333-4534 · (909) 622-1273 FAX (909) 622-2708 SAS-5