HomeMy WebLinkAbout1993/09/01 - Agenda PacketCITY COUNCIL
AGENDA
CITY OF RANCHO CUCAMONGA
REGULAR MEETINGS
1st and 3rd Wednesdays - 7:00 p.m.
September 1, 1993
Civic Center
Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, California 91730
srs
City Councibnembers
Dennia L. Stovt, Mayor
William J. Alexander, Councilmember
Charles J. Buquet, Cnuncilmember
Rex Gutierrez, Coancilmember
Diane Williams, Councilmember
f~l•
Jack Lam, City Manager
Jamea L. Markman, Cily attorney
Debra J. Adams, Cily Clerk
City Office: 989-1851
PAGE
City Council Agenda
September 1, 1993 t
All items submitted for the Clty 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 Clty Clerk's
Office receives all such Items.
A. CALL TO ORDER
1. Roll Call: Baguet _, Aiexander_,Stoul _.
WdSams- andGuliemez_
B. ANNOUNCEMENTS/PRESENTATIONS
C. COMMUNICATIONS FROM THE PUBLIC
This is the time end 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 bs limited to Rva
minutes per individual.
D. CONSENT CALENDAR
The following Consent Calendar items are expected to De
routine and non-controversial. They will be acted upon by
the Council at one time without discussion. Any Item may be
removed Dy a Councilmember or member of the audience for
discussion.
1. Approval of Minutes: September 23. 1992
August IB, 1993
2. Approval of Warrants. Register Nos. 8/11/93 and 8/18/93; and 1
Payroll ending 7/29/93 for the totol amount of 51,736A35.19.
3. Alcoholic Beverage Application for Type 21 Retail Package Off- 7
Sale General for Thrifty Drug Store 4479. Tnirfty Holdings,
Incorporated, 9650 Base Line Roao.
4. Alcoholic Beverage Application for Type 21 Retail Package Off- 9
Sale General for Thrifty Drug Store s614. Thrifty Holdings,
lncorporateo, 8760 19th Street.
PAGE
City Council Agenda
September 7, 1993 2
5. Approval to amend the City's FY 1993/94 Budget by adding a 11
CapROI Improvement Project for the consiructton of the Metrolink
Station.
6. Approval to appropriate S25A00.00 from Fund 09 - 'Gas Tax" for 17
the preparation of environmental documents for the Milliken
Avenue Extension from Arrow Route to Foothill Baulevard.
7. Approval To execute o Professional Services Agreement (CO 93- lg
060) with L. D, King for the preparation of Engineering Plans.
Specifications, and Estimates for the Ma}rolink Station at Milliken
Avenue and the Santa Fe Railroad for S 192.500.00, to be funded
equallyfrom Funds 36-4637-9326 and 37-4637-9326.
8. Approval to execute a Professional Services Agreement (CO 93- lg
061) with RJM Design Group for preparation of Architectural Plaru.
Specifications, and Estimates for the Metrallnk S}aflon at Milliken
Avenue and the Santa Fe Railroad for S38,000.00, to be funded
equally from Funds 364637-9326 ana 374637-9326.
9. Approval To execute a Professional Services Agreement (CO 93- p0
062) with Derbish, Guerra and Associates for Engineering Services
for the Milliken Avenue Grade Separation Slope dntl Drainage
Modification for a fee of $17.750.00 to be funded from Account No.
46413P9324, and }he M~liken Park Parking Lot Expansion for fee o}
S 14,750,00 to be funded from Account No. 43-4130N323.
10. Approval to execute Portlcipation Agreement (CO 93-063) with 21
Public Agency Risk Shanng Authority of COIROrrlla for City Workers'
Compensation Program,
11. Approval to award and authorization for execution of contract pq
(CO 93-054) for the Rancho Cucamonga Neighborhood Center
Rooting Project for the amount of S45A35.50 (541,305,00 plus 10%
Contingency) to be funded from CommunHy Development Block
Grans Account No. 28-4333-9105 to J. Cab & Sons Roofing,
Incorporated and authorize additional appropriation and
expenditure for Fiscal Vear 1993/94 in the amount of 52,200.00
(52.005.00 plus a 10% contingency) from Fund Balance to
Expenditure Account 13-4563-7043 for the removal and
replacement of landscape material at the Neighborhood Center
by Mariposa Horticultural Enterprises, a landscape maintencnce
company currently on contract with }he City.
PAGE
City Council Agenda
September 1, 1993 3
12. Approval to execute Conveyance Agreement (CO 93-066) 26
between San Bemordino County Flood Control District and the City
of Rancho Cucamonga for the conveyance of land from the
Food Control District to the Cih, for Storm Drain purposes relating to
the development of Trac} 13527 and Tract 14139, located north of
24th Street and west of Et'nvantla Avenue.
13. Approval to execute Improvement Agroemeni Extension for 30
Traci 13753. located on the north side of Ellena Street north of Bose
Line Road, submitted by Lewis Homes.
RESOLU110N N0.93-167 32
A RESOLUTION OF THE Cf1V COUNCIL OF THE CIIV OF
RANCHO CUCAMONGA, CALIFORNIA. APPROVING
IMPROVEMENT AGREEMENT EXTENSION AND
IMPROVEMEM SECURffV FOR TRACT 13753
14. Approval to accept Improvements. Release of Bonds and Notice 33
of Completion for Parcel Map 11341, located on the southeast
corner of Milliken Avenue and Church Street,
Relea
e F
ithf
l P
rt
B
d~~
s
a
u
P
ormance
on
Street S 302AOD.00
Storm Drain 180p00..OD
Foothill/Milliken Signal pp,ppODD
RESOLUTION N0.93-168 34
A RESOLUTION OF THE CITY COUNCIL OF THE CfiV OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE PUBUC IMPROVEMEMS FOR PARCEL MAP 11341
AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION
`CONSENT ORDINANDES
The following Ordinances have had public hearinga at the tlme
of Iirst 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 far dlacusslon.
No Items Submitted.
PAGE
City Council Agenda
September 1, 1993 4
F. ADVERTISED PUBLIC HEARINGS
The fallowing items have been advertised and/or posted as
public hearings as required by law. The Chair will open the
meeting to receive public testimony.
No Items Submitted.
G„ PUBLIG HEARINGS
The following items have no legal publicatlor~ or posting
requirements. The Chair will open the meeting to receive
public testimony.
1. CONSIDERATION TO AMEND MUNICIPAL CODE TITLE 8 BY REPEALING 35
CHAPTER B 24 AND ADDING A NEW GRAPIER 8 24 PERTAINING TO
THE PROHIBITION AND REMOVAL OF GRAFFITI
ORDINANCE NO.515 (first readingl 36
AN ORDINANCE OF THE CffY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA. CALIFORNIA. AMENDING
T17LE 8 OF THE RANCHO CUCAMONGA MUNICiPAI
CODE 8Y REPEALING CHAPTER 8.24 AND ADDING A
NEW CHAPTER 8.24 THERETO PERTAINING TO THE
PROHIBITION A^:D REMOVAL OF GRAFFRt
H. CITY MANGER'S STAFF REPORTS
The following items do not legally require any public
testimony, although the Chair may open the meeting for
publlc input.
No Items Submttied,
I. COUNCIV~$INESS
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.
aaae
Cify Council Agenda
September 1, 1993 5
I iEhtTIFICATION OF ITEMS FOR N XT ME~rr~r'
This is the time for City Council to identity the items they
wish to discuss at the next meeting. These items will not be
discussed at this meeting, only Identified tar the next
meeting.
1(. COMMUNICATIONC FROM TN P R tc
Thls 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 Rmiled to flue
minutes per individual.
L. ADJOURNMENT
MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS
PERSONNE4 MATTERS.
I, Debra J. Adams, Cily Clerk of the City of Rancho Cucamonga, hereby
cenity that a true, accurate copy of the foregoing agenda was posted on
August 26, 7993, seventy~iwo (72) hours prior to the meeting per
Government Code 54953 at 10500 Civic Center Drive.
September 23.1992
CITY OF RANCHO CUCAMONGA
CITY CO[JNCIL MBJU'iF.S
Adios : d Ioim Mcedna of me ctity moil
nmt who -w•~mnngg nmm mite .ml. im
An adjourned joint mcetlng of the Rancho Cucamonga City Council and the Rarxho Cucamonga Community
Foundation was held on Wednesday, September 23, 1992, in dre Rains Conference Room of dre Civic Center,
located at 10500 Ci. is Center Drive, Rancho Cucanwnga, California. The meeting was railed to order et 7:00 p.m.
by Mayor Dennis L. ritout.
Present were Counciln,zmbers: William J, Alenander, Charles 7. Buquet II, Diane Williams, Pameie J. Wright. and
Maya Dennis L. Stout.
Resent were Baerdmembers: Robert Dutton, Frances HowdY~ell, Jeanne l.ochan, lolm Mannedno, Pauia 7adick,
and Chairmen Guy Beyersdorf.
Absent was Boardmernber: Bevy McKay.
Also present were: Jack Lam, City Lianager, Linda D. Llaniels, Deputy City Manager, Jerry e. Fulwood. Deputy
City Manager; Diarte O'Neal, Management Analyst I(; and Jan Suwon, Deputy City Clerk.
re~~~•
B. 7TRMS OF DISCUSSION
Bl. DISCI tSSION OF THE FO MDATION REDEF7NM • ITS MtcSION tan I S M LI •HT OF
PB.FSENT ECONOMY
82. DIC Icc10N OPTfIE RFLATIONSHtP eETWFFN TIffi 11NDATION hnY QY
83. I~IyCCItSS[QN OF MARKFTIN6 ND tND•RAICIN •OPPOR nut Ec WHICH MICHTB MAn
AYA R~ A! F TO THF_ PpL~ij4ATION THROUGH ITS R~A770NSHIP WITH THE CfJY
Councilmember Wright smted the Subcommittce had met with officers of the FoutMadon and bed discussions an the
intent of the Foundation when it was first formed, which brought up questions as W its purpose and whmher it
.dtould be a tundmLser or a conduit, aril Ne effect Ne present ecammy is having on them, She stated they were
looking for rca(Tirmation from the Council as m how they would like the Froundedon m procerA.
City Coum:il(Community
Foundation Minutes
September 23, 1992
Page 2
Boardmember Lochan stated pan of Ne concern was that when the Foundarion was formed, Ne economy and
busittcss climate were completely different and Ney were getting a large portion of their contributions from
developers. She sated that given today's financial climate and the deterioration of available funds, she fell :Iwy
needW to redefine Ne Foundation and come up wiN other ways that would make it possible m provide Ne
community wiN dte best service without looking at dre Board az strictly a fundraising mechanism. She oudined
what they have done for the curent fundraiser, and explained that even though they have lowered the price of Nis
furMmiser, u,ey still have a low response, and Lett the Boazdmembers could not condnue m spend so much dmc wiN
so link return.
Chair Beyersdarf sated he had cnm:ems about Ne City seeking contributions direcdy for wmmuniy programs
instead of utilizing the Foundadon as a source of donadons.
Councilmember Wright slated Nere is a fine line they have to be careful of, but there may be some areas whew it
might be beneficial m go Nrough the Foundation, such az the Masi project where they were azking them for an
historical contribution. She styled if it was legally possible m have those contributions go through Ne Famdation,
it would benefit boN patties.
Councilmember Buquet sated he did rim want them N be Ne perception that there was any type of competition
between the City and the FourMadon, that 6oN groups were working far the benefit of dre City.
Boardmcmber Howdyshcll stated Nat when there were situations like Lewis Homes sponsoring the Movies in dre
Park, possibly they did it direcdy m increase Neir own visibility within the community.
Councilmember Wright felt that it would not 6e a detriment to work Nrough the Famdmion for people Tike that,
that Ne Foundadon could help m promae Nev contribudw.
Boardmember Lcehan sated she would like m know from the Counci! if Ne Foundation's cturent Mission
Statement still met Ne expectations set forty when the Foundation was formed,
Boardmember Mannerino felt the Mission Statement was no[ an issue. He felt the problem was that the Foundation,
since its inception, has essentially been funded by the Mayor's Ball, which waz primarily funded by Ne development
community. He sated that development rim longer nxists as Uoey have known i4 end Nat the Found^don trouid tKK
supplant that income by putting on numerous small fundraising events. He tell what Ney needed was to cream a
vehicle by transitloning the Foundation m a membership non-pmfit organization and creating a product m sell that
would replace the morey raised in previous years.
Mayor Stout smted when dW Foundation was originally esmblished, Ne City Council purposefully leapt Heir
dirxdon slight because they hoped tlrc Foundation would lake on its own life and aet its own goals amt priorities
based on what Ne conmunity wanted, nut on what Ne City Council was directing it to do. He stated tine idea
behind Ne Maya's Ball was m Stan a fundraising vehicle that would albw the Foundation some victories and have
something N present to the community. He smted every successful foundation he has suer has a cause M some sort
that people are interested in, something tangible to show people al dte end of the fund drive. He agreed Nat it hoc
been easy in Ne past !e raise money from the development community, but his thought was Nal now the business
community needed m mawm anA slant showing some interest in the community. He felt die Foundation needed m
focus on a couple of items and promok them so Nat people know what Ne Foundation does. He felt if they
idenli(icd something dtey wanted to work on, then it would fall trim place on how m fund it.
Councilmember Buquet stated what was needed was an overall marketing plan, Nat the Foundation neWed m
determine what it was Ncy would like to do, and Nen Ney could work mgetha~ wiN Ne City to accomplish il.
City Courxil/Community
Famdation Minutes
Septunber 23, 1992
Page 3
Boardmemba Mannerino felt the ditiemrrce between oilrer successful foundations in the area and the Community
Foundation Was that Ne others had staff available to do the fundraising, a they had a cedain Icvel of people they
could approach Nat had a large sum of money to contribute. He slated Ne Poundation did not have the slat(
available a be successful ar fundraising.
Courailmember Btpuet stated it was fine a have the Foundation as a conduit for naney Nat happens a find its way
b the City, but felt day should have sane typo of concrete goal, like the building of dte Central Park L'braty a tie
Performing Ans Center. He stated Ney did not have a achieve Nem goal in one Y~ but titeY would have
something Ney were shooting for, and then they could do tie other Nings Ney have always done ss an off-slmot of
that goal, like dre Corrcens in the Park series, ea. He stated that waY it companies wem ro contribute and wanted a
make their mark, it could be acknowledged when the building was completed.
Councilmember Wright azked Boardmemba Dutton how the YMCA went about raising funds to their building
project.
Boardmemher Dutton explained the various ways to fund a building project He felt Ne first Ning the Fourrdalion
needed to establish waz a track record, which they have now done. He also fell they raWed to slop dwelling on the
past arrd how Nings used a be done, aM Focus on the business canmuni[y and law N refaces their direction and a
ga prepared fa when Nings improve.
eoardmember HowdyNell agreed Nat Ney needed to refocus and review them standing in light of Ne present
economy aM needs of the community.
Boardmemba Dutton sated Here were two Nings We Foundation could work on right now, and Nat would be tie
Library and Performing Arts Center. That way shay would have something tangible people could donate whatever
amount Ney felt comtonable wiN and the Foundmion did rat have a set a price. They also could continue m work
wiN the other groups in the City as they have in Ile past, because programs were just as important as buildings.
Councilmember Williams smtecl she has worked wiN several non-profit groups Nat were se[ up as receiverships,
which is what she saw the Foundation as being when it was first established, a act as a receiver for funds fm groups
that did not have Neir own iron-profit status. She felt diey should still fro functioning in Nat manmx, and did trot
like the idea of the group being reduced to constant fundraising.
Councilmember Buqum agreed the Foundation should trot reu on Neu past iaumis. He orated Ne CitY ~ used Nis
ecawmic downturn to su~eamline some of their processes end m recvalusa some of their goals. This has given
Uxrn Time a regroup and prepare far when Nings improve, arM felt tie FourWation could do somehing similar. He
stated they could still work towards their goals but they should na be disappointed it they do not reach it in only
one year's lime.
Boardmember 'ladick asked if Ne Foundation was limited a miring money strictly from wiNin Ne City's
houridarics.
Councihcember Buquct stated they were rat, and that day did need to expand their donation Lase.
Boardmembcr Dutton staled he Nought Ne Foundation should be wpportcd by the other Commissions of Ne City,
and felt Ney have ru-eived very litde participation from the other Commissions in the past. He daught possibly
the Council could talk N the odxr Commissioners a see if they could increase Neir support M the Fandadon.
City CowcillCommunity
Foundation Minutes
Sepemb« 23, 1992
Page 4
Councilmember Buquet sated maybe dre Boazdmembers should try to find out why the Commissioners did not
parlicip.,~e. He sated what tbe Foundation dots benefits a lot of people and people should want a get involved, so
they should try a find out why Ney have not shown an interest in the past. He stated many of them might rat
tally understand what it is the Foundatior does.
Boardmcmber Howdyshell agreed that Ney needed to have an educational component Ney could present that would
irkrease awareness of what dre Fomndation u and does t« people.
Ceuncilmember Ale><auder stated possibly Ney could work ant s«rreNing wiN tia new baseball team a spons« a
cwple M Ftmdmising nights fw the Fourdation.
Chair Beyersdorf azked it the Council were aware of anyone in town that Ney might want Ne Foundation to
approach f« cmtributions, a please let tlKan know and Ney would follow-upon that.
Mayor Stout stated maybe Nc Foundation would want m consider setting Nemselves up as a membership
organiration Nat all Ne citirens could jdn, this way they would fcel more involved.
Courrilmember Wright fell the membership should be offered on a mom selective basis. She felt they shouts only
approach businesses, large corporations, dc.
Boardntember Mannerira suoed he drsa®eed, Nat it should be available m every cidaen in Rancho Cucamonga a
buy inm Ne communi[y Nrough the Foundation. Fie thought it waz a good idea to become a membership
organisation.
Cwncilmember Baguet felt ideaz like Net were good, and wanted N encourage dre Board a keep taming up wiN and
acting on new ways of raising support f« the Foundation. He encouraged Utern to work wiN Neir Subcommittee
on new ideaz and how Ney might interface wiN the City.
Courcilmember Akzander asked if they wanted a discuss what the atuuney has advised regarding the City providing
financial support to Ne Foundation Nrough sub time.
Councilmemher Wright felt that had already bcen discussed and was a cut and dry legal issm. She felt it had a do
more wiN would the Foundation eventually become auaramous « was it flair inantion that it would have a
continuous relationship wiN Ne Ci[y.
Councilmemher Williams asked how Ne Foundation felt shoal continuing a relationship wiN Ne City, «would
they bptefit more by being separate.
Boardmember Dolan felt bein6 conrtceted a Ne City lent crcdibilitY N Ne «ganizedm.
enardmembcr Mannerino sated Ne situation wiN Ne Brea foundation is what haz precipiuted Nis concern, but he
felt there was greater involvement in that situation Nan they had here in Rancho Cucamonga. He felt if Ne
Foundation were to survive, Ney would have to contintre receiving some sort of assistance from the Ci[y, but Ney
could change some procedures to lessen Ncir legal liability. He also felt Ney needed some assistance in Ne
marketing aspect ac Ney did rat have eraugh manpower a accomplish it by themselves.
Councilmember Buquet sated after the Foundation has w«ked out some at the ideav they would like a accanplish,
they should have anoNer tnceting wiN Neir Subcvmmit[ce, and Nan the Subcommittee could report b the toll
Council.
City Council/Canmunity
Foundation Minutes
Sepember 23,1992
Page 5
rrrr••
fl4. DICC1ICCION OF 1rFMC OF MLI'IT Ipl. O_S_NCFRN
No items were discussed.
r•rr•r
G COMMUNICATIONS FROM THE PIIflLIC
No communications was mods fnxn dte puNic.
•r•»r•
Maya Saut adjourned the meetinH at 8:27 p.m.
Rcspectfully submined,
Tan Suwon
Deputy City Clerk
Approved by the Community Foundation: Ocaber 7.0, 1992
Approvcd by the City Cwncil:
August 16, 1993
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, August 1g, 1993, in Ne
Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Tne
meeting was called m order at 7:09 p.m. by Mayor Dennis L. Stoue
Present wem Councilmembers: William J. Alexander, Charles 7. Buquet, Rex Gutierrez, Diane Williams and
Chaaman Dennis L. Stout.
Also present were: Jack lam, City Manager, James Markman, City Attorney; Jerry B. Fulwood, Deputy City
Manager; Rick Gomez, Community Development Director; Olen Jones, Sr. RDA Analyst; Brad Buller, City
Planner; Anthea Hartig, Associate Planner, Joc O'Neil, City Engineer, Mike Olivier, Sr. Civil Engineer, Bob
Dominguez, Administrative Services Director; Jim Frost, City Treasurer, PauN Pachon, Management Analyst II;
Duane Baker, Assistant to the City Manager, Diane O'Neal, Management Analyst II; Susan Mickey, Management
Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protwfion District; Capt. Bruce Zciner, Rancho
Cucamonga Police Ikpanmen4 and Jan Sutton, Depuy City Clerk.
BI. Prescntauon of Proclamations m the Commissioners of the Environmental Management, Historic
Presereatim and Public Safety Commissions in honor of (heir service to dre City and the Community.
Mayor Stout spoke about each of the Commissions and Neir accomplishments over the years, and presented
proclamations to Commissioners George Yankovich, Pcle Amodt, Jim Curalalo, Bob Schmidt, Steve Barns, John
Dunlap, Leslie Riggs, lack Williams, and Dr. 1. Michael Lee.
•~~~r•
C 1. Louise Wilkerson, 10R99 Zinfandel, member of the Caholic Daughters, stated they would be holding a
benefit fashion show fcawring the actress Miss lane Wya¢ on Ocmber 9, 1993 at 12:170 noon, and invited
the Council m attend. She staled all proceeds from dte benefit could go towards the Catholic Charities Free
Clinic.
C2. Jim Frost, City Treasurer, smted recently the City lost Ada Cooper during her tenuro as an Historic
Preservation Commissioner, as well as LeonaM Corska and Chet Frost in the past, end fah with the item
on the agenda tonight creating a memorial m Sam Punter, Ne Council should consider horroring these
others in a similar manner.
City Council Minutes
August I8, 1993
Page 2
•~r~~•
Dl. Approval of Minutes: Augusl4, 1993
D2. Approval of Warrants, Register Nos. 7/2A/93 (FY 92N3), 728/93 AND 8/4/93 (FY 93194); and Payroll
ending 7/1 Sry3 for the total amount of 51.956,434.49.
D3. Approval m receive and file current Invesunenl Schedule as of July 31, 1993.
D4. Approval m authorize dre Advertising of the "Notice inviting Bids" for the construction of Traffic Signals
and Safety Lighting at the intersection o(Milliken Avenue and Fairmont Way, to be funded from TDA Article 8,
Acwum No. 12-0637-9202.
RESOLUTION N0.93-157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECQ-7CATIONS FOR
THE "CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT
THE INTERSECTION OF MIILIKEN AVENUE AND FAB2MONT WAY", IN SAID
CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE
TO RECEIVE BIDS
D5. Approval of the Environmental Initial Study Parts I and It, tar the proposed right tum lane at Archibald
Avenue and Base Linc Road and issuance of a Categorical Exemption rhemfore.
RESOLLTION NO. 93-I58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA. CALIFORNIA, APPROVING THE ENVIRONMENTAL INI77AL
STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE
PROPOSED IMPROVEMENT FOR ARCHIBALD AVENUE AT BASE LINE ROAD
D6. Approval of the Environmental Initial Study Pans I and II (or Ne proposed Highland Avonw SUecl
Improvetnenfs located at approzimetcly 420 feel west and 1,250 feet east of Locust Avenue and Issuance of a
Categorical Ezempdon lMmfore.
RESOLUTION N0.93-159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA. APPROVING THE ENVIRONMENTAL INITIAL
STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR TtiE
PROPOSED STREET IMPROVEMENTS ON HIGHLAND AVENUE,
APPROXIMATELY 420 FEET WEST AND 1.250 FEET EAST OF LOCUST
AVENU[i
D7. Approval to ezpcnd Asset Seizure funds m purchase bicycles and equipment (nor m exceed SI0,000), hand
held alcohol breath test devices (not to ezceed 53,000), aM computers and peripheral equipment (not b exceed
514,500), ro he funded from Acwunt No. 70-275-51 I,
City Council Minutes
August '.8. 1993
Page 3
D8. Approval to appropriate $150,000 from Fund 12 TDA Article 8 (Account No. 12-4637-9202) for Ne
Conswction and Adminisuation of the Tmftic Signals and Safety Lighting at the intersection of Milliken Avenue
and Faimtont Way.
D9. Approval to appropriate $85Q000 from Fund 32 - "Local Measure !" (Account No. 32-0637-9031) and
SI70,0()D from Fund 35 - "SB 140" (Accowt No. 35-0637-9031) for the conswetion and administration of the 19th
Street from Carnelian Street to Amethyst Street Improvement Project
D10. Approval m appropriate $9,000 lrom Fund 09 -Gas Tax for she Construction and Administration of the
Alu Irma Storm Drain Replacemrnt at the Nonh Terninus of Hermosa Avenue.
Dl 1. Approval ro order the Annexation to Landscape Maintenance District No. 7 and Street Lighting
Maintenance Disvict Nos. I and 7 for Tract Nos. 13565 and Tract No. 13565-5 through -9, boated on the nosh side
of 24th Street and east o(Wardman Bullock Road, submitted by Standard Pacific Corporation.
RESOLUTION N0.93-160
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 STRHET
LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT NO. 13565
AND TRACT NOS. 13565-5 THROUGH -9
D12. Approval to Release the Real Property Improvement Contract and Licn Agreement between the City of
Rancho Cucamonga and Delores Browne, Successor Tmstw of the Edict E. Browne Trust, upon the tatter's
complianw of the payment stipulated in the afomsaid conuacL
RESOLUTION N0.93-161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY
IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM DELORES
BROWNF., SUCCESSOR TRUSTEE OF THE EDITH E. BAOWNE TRUST
D13. Approval b execute a Real Propeny Improvement Contract and Licn Agreement with Vincent Martinez fa
public street improvements a18762 Vinmar Street.
DI4. Approval to execute an agreement (CO 93-057) betwcen the Cily of Rancho Cucamonga and the Rancho
Cucamonga Community Foundation.
DIS. Approval to execute agrecmem (CO 93-058) with San Bemarditw County Foodbank Io continue m serve as
a Aistribution site for U.S.D.A. Food Commodities.
~, ITFM RF;MOVRU FROM AGENDA.
DI7. Approval to ezceute Amendment 83 (CO 92-064) with Valley Baseball Club, Incorporated and the City of
Rancho Cucamonga with respat m pre(emed parking pasxes.
DIB. Approval to execute Improvement Agreement Extension !or Tract 13281, located on the northwest comer of
ease Line Road and Rochester Avenue, submiucd by MJ. Brock & Sons. Incorporated,
City Council Minuses
August 18, 1993
Page 4
RESOLUTON N0.93-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13281
D19. Approval m execute Improvement Agreement Extension fw Tract 13303, located on she soudseast comer of
Mountain View Drive and Tema Vida Parkway, submitted by Lewis Homes.
RESOLUTION N0.93-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY PoR TRACT 13303
D20. Approval to exaute Improvement Agreement Extension fa Tract 138571ocmed on the noMwest comer of
Millilren Avenue and Vintage Drive, submiued by M.J. Brack & Sans, hrcorpomted.
RESOLUTION N0.93-ItW
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13857
MOTION: Moved by Williams, seconded by Gutierrez to approve the Consent Calendar, less lsem DI6. Motion
carried uranimously, 5-0.
•~~+r•
Jack Lam, City Manager, requested the Council adjourn the meeting to an Executive Scsion to discuxs personnel
maucrs.
No items were submitted.
FI
•~r.~~
F CONSRNT ORDINANCES
•~~~..
F. ADVERTISED PURLIC HF.ARINf:S
report presenlrA by Mike Olivier, Sr. Civil Engineer.
Mayor Stout asked when would the project be acromplishcd.
Mike Olivier, Sr. Civil Enginceq stated moll of the utility companies were ready to proceed, that it was basically
their project. He ezpecled it would be finished in three b tour months.
City Council Minutes
August IR, 1993
Page 5
Mayor Stout asked if Them was already some conduit in place.
Mike Olivier, Sr. Civil Engineer, stated them was wme laid across Base Line already so that vafOe would not have
b be disrupted.
Maya Stout opened the mceting for public hearing. There being no response, the public hearing was cosed.
RESOLUTION N0.93-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, FORMING UNDERGROUND UTILITX DISTRICT'
NO.4, ALONG BASE LINE ROAD FROM ARCHIBALD AV'r-HUE TO HERMOSA
AVENUE
MOTION: Moved by Williams, seconded by 8uquet v adopt Resolution No. 43-165. Motion carried unanimously,
5-0.
•++e++
F2. tO'^t'ZATION OF FOO'fkllt Bn I VARD t t. t'll YLArv flM IV I)MEIV 1 Yfill - aECLEl -
A request m amend the Specific Plan by adding "Health and Athletic Gyms end Weight Reducing Climes" as a
conditional trse in the Spaialty Commercial District and adding "Pharmacies. with or without specialty n:mil, unMx
10,000 square feet", as a permitted use in the Community Comtnemial District within Subareas 1, 2, and 3. Staff
report presented by Brad Bulicr, City Planner.
Crwneilmember Bugcet asked for clarification on the occupancy.
Bend Buller, City Planner, stated they allowed a temporary occupancy permit so [hc applicant could proceed with
marketing his business while sniff was mvicwing Nc amendment. He stated if this was approved tonight, then the
applicant would seek appmval fn>m the Building and Safety and Fire Safety departments so he could have permanent
nccwaner•
Cowcilmemhrr Gu6crrez asked if this was a (oral business or a chain.
Brad Buller, City Pianrrer, stated Mr. Seeley has approximately five other busitess in Southern California.
Mayor Stout openeA the mceting for public hearing. There being no response, the public hearing was closed
RESOLUTION N0.93-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING FOOTHILL BOULEVARD SPECIFIC
PLAN AMENDMENT 93-01, ADDING "HEALTH AND ATHLETIC GYMS AND
WEIGHT REDUCING CLINICS" AS A CONDITIONAL USE IN THE SPECIALTY
COMMERCIAL DISTRICT WITHIN SUBAREAS 1, 2, AND 3, AND ADDING
"PHARMACIES, WITH OR WITHOUT SPECIALTY RETAIL. UNDER 10,000
SQUARE FEET", AS A PERMITTED USE IN THE COMMUNITY COMMERCIAL
DISTRICT WITHIN SUBAREAS 1, 2, AND 3 AND MAKING FINDINGS IN
SIIPPORT THEREOF
City Courrcil Minutes
August 18, 1993
Page 6
MOTTON: Moved by Buquet, seconded by Alexander m approve Resolution Nn. 93-0tib. Motion carried
unanimously, 5-0.
No items were submitted.
tJo items were submitted.
•~~~~•
G. PURLIC HEARINGS
a~~r.•
H TTY MANAGER'C CTAFF REPORTS
•~~~r•
I. CO tN I ~ AIISIN SC
11, mNSB)FRATION OF AN"" ^RAFFITT TACK FORCE RECOMMENDAT[ON SmH rep«t presented
by Jerry Fulwood, Deputy City Manager.
May« Stout briefly outlined the structure of the Task Force and the past efforts made by the City To control graffiti.
He invited April Moreash m read dre kuer she had sent m him regarding h« cortcems and suggeslians about gmtliti.
April Moreash read h« letter for the record, a copy of whkh is on Rle in Ne office of dre City Clerk.
Mayor Stout staled Nis Ictkr was importam because it was an example of the amount of Nwght that went info This
process in the beginning. He felt Nis process caused a 1« of people m Nink, which was evidenced in the amount of
letters received by Ne Task Force and his office. Ho slated Nere was infomration in the package from a number of
cities in Soudtem Cali(omia, and he felt they took some o(the best ideas and combirced them wiN the suggu tlons
from Ne Task Force info Ne final recommendation. He showed a poster from Chris Wu::s, a student at Dona
Merced School, Nat Ney would like b use in thew brochure. He slated Ne Cily has also been successful wiN then
graffiti hotline, and a citizen suggested the idea of sending a thank you card m people who mporl gramti, whkh will
also be iricorpomted in their plan. He also Nought they could pass information m Ne community Through The
Grapevine.
Mayor Smut presented proclamations m Ne members of the Anfi Graffiti Task Fore commending Nem t« their
service m the City.
Councilmember Buquet stated N«c were also a lot of people fr«n outside of Ne Task Forte that contributed m the
process, such az representatives from Ne utility companies arM other public agencies. He felt it was good Net Ney
had representatives from all areas involved, such as business, education, law enforcement, judicial, ele., so Nry
couldn't (all back nn placing the responsibility on anodter group, and it gave them an opportunity for each of the
segments Nat participated to appreciam the constraints and responsibilities ofthe gher groups. He stated when they
started outlining the responsibilities of each of Ne different agencies, Ney discovered Nat Ncy were doing a lot of
the same Nings, just each group was doing Neir own version o(it. He smled Neir goal was to work mlleedvely m
accpnplish a bctmr rosult.
City Council Minutes
August 18, 1993
Page 7
Mayor Stout sated Ne plan is broken down into tour phases, and one of the recommendations is that the Task Force
reconvene after each phase is implemented m review the progress o(the plan.
MOTION: Moved by Stout, seconded by Williams m adopt the rccomnu:ndalion contained in the staff report and set
the propoud ordinance for first reading at the September 1, 1993 meeting. Moion canted unanimously, 5-0.
Councilmember Williams stated she would like w sce an element addeA to We recranmendahon relating to
prevention, where the City would create or support programs that teach pre-school and elemenmry school age
children about graffiti and its destructlve value.
Councilmember Buquet felt it was important for everyone to keep in mind that This is just a preliminary step and
people should na aspect this to be the final plan. He tell this plan could be modified az it is put into place and they
can sce war affect it hat.
Mayor Stout felt Ne City's measured approach will be the best overall. He hoped that neighboring jurisdictions
would be interested in geuing copies of the City's plan.
rrrrr•
12. CONSIDERATION OF MEMORIAL PLAOUE 1N HONOR OF PARK AND RECREATION
COMMISSIOYFRy_ CAM P~nJ'tFR StafF report presented by Councilmember Buquet.
Cooncilmember Williams felt it was appropriate drat Sam Punter would be memorialized at the Sports Complex
because he was Ne driving force behind Nat projst
MOTION: Moved by Buquet, seconded by Williams to approve the recommendation ennuined in the swHreport.
Motion cartied unanimously, 5-D.
Maya Stow stated he would like to explore the possibility of recognizing those individuals mentlonetl by Jim Frost
earlier in Nc evening, possibly something at Ne Chaffey-Garcia barn fa Ada Cooper as an example.
Councilmcmbcr Buquet felt they might be at Nat point in time where they would need m look at having a Hall of
Fame, so to speak, al Ne City Hall.
rrrr+•
I3. CONVIDERATION TO DECIGNATE A VOTM REPRESENTATIVE AND AN ALTS N TE FOR
TH - A . m OF A !FORNIA CITIEC ANNUAL FETING Smff report presented 6y Jack Lam, City
Manager.
M0710N: Moved by Alexander, seconded by Williams to select Mayor Stout as the delegate, wiN Ne Mayor to
select Ne alternate at the time of the meeting. Motion cartied unanimously, 5-0.
•rrr r+
1. IDENTIFICATION OF ITEMS F(jj3 NRXT M ..TIN .
11. Councilmember Buquet slated he recently attended a conference concerning economic development end
redevelopment agencies, and one of the components dealt wiN Ne term "right-sizing" 1'or municipal upemGons in
respect to Nc economy. He slated he would like to put same material together from Nose presenmtlans for dce
Council's consideration at Ne October 6, 1993 meeting.
City Council Mmules
August 18, 1993
Page 8
•~r.~•
K1. Alen RedfieM, 8515 Gala, slated the previous Wednesday he had received a parking citation fa parlmtg his
RV overnight on the street in (root of his house. He stated he smreA the vehicle in a lot in Ontario, but
they were closed when he got home (torn his trip and he mould rot mke the vehicle back until site next
m«ning. He felt Here should be same excepdon in dte ordilunce f« slowing peopk to load and unload
their RV's.
Councilmember Buquet sorted shat when the Council revkwed the RV ordina«e, he thought a clatsse had been added
mallow temporary parking f« boding and unkpding.
May« Stout asked the Cily Attorney f« clarification on that point.
lames Markman, City AltorncY. staled dlere waz an exception m ;tk ordinance f« Ioadin8 Purposes. but he was not
sure it that was on the sveet « not.
Councilmember Buquet asked Capron ?cice+to tool: into the sinuuion wish Jack lam,
•r~~r•
M0710N: MovW by Buquct, sec«Ided by Alexander m adjourn m Executive Session m discuss personnel matlus.
Motion cartied unanimously, SA. The meeting adjourned at 8:23 p.m.
Ruspect(ully submid;A,
tan Sutton
Deputy City Clerk
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U1'1'Y Ur' 1(ANl:riU UUUAMVNIiA
STAFF REPORT
DATE: September 1, 1993
T0: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Rtck Gomez, Cammnlty Development Director
BY N1111am J. O'Neil, City Engineer
SUBJECT: APPROVAL TO AMEND THE CITY'S FY 93/94 BUDGET BY ADDING A CAPITAL
IMPROVEMENT PROJECT FOR THE CONSTRUCTION OF THE METROLINK
STATION
RECOMMENDATION
The City Council approve an amendment to the FY 93/94 budget by adding the
funding process for the construction of the Metrolink Station in accordance
with the attached Budget Documents.
As per the Finance Department's direction, an amendment t0 the FY 93/94 budget
will be necessary to provl6e for the revenue deposits fray SANBA6 for the
Metrolink Station. At the July 21, 1993 City Council meeting the Council
adopted the Cooperative Agreement with SANBA6 for the funding of the Metrollnk
Station and related fatuities. This agreement cells for SANBAG to fund a
maximum of 53,500,000 toward the costs associated with the station and related
facilities including right-of-way to be located at the southwest corner of
Milliken Avenue and the Atchison Topeka and Santa Fe Railroad.
The source of the funds are spilt evenly between Drop. 108 and Measure
I/Commuter Ra11 revenues.
Respectfuily bmltted,
Rick Gomez
Communlly velopment erect
RG:NJO:diw
Attachments
11
CITY OF RANCHO CUCAMONGA
FISCAL YEAR 1993-94 BUDGET
ESTIMATED REVENUE
SPECIAL REVENUE FUNDS
POPULATION ESTIMATES: CENSUS 1980 ~ 104,387 110,008 112,59@
ACCOUNT
CODE
ESCRIPTON BUOOEIED
REVENUE
FIBCAI.VFJIR
1901 -1902 SUDOEIED
REVEMIE
FI9CALYEAR
1902 - 1990 REVBiUE
ESTIMATE
FISCAL YEAR
1984 -1903 REVENUE
ESIIAMTE
FI8CAL7EM
1982 -1904
St. Prof 109: POwnpOf R09 30110 Act
39-3901 5200 9I. Prop 109: Pa900npN RN 0 0 0 1,790p00
36-3901 IS00 111t910M InC011N 0 0 0 17,500
of ro ~atwn
90n 99IOYCYIO County MwOUn 1: C011MMMw RW
37-9900 3210 Wwnl: CpnnxR9rRY 0 0 0 1,730,000
37-9901 1900 I19NMIr1CO11N 0 0 0 17,500
of u Own
12
CITY OF RANCHO CUCAMONGA
FISCAL YEAR 1993/94 ANNUAL BUDGET SUMMARY
DEPABTMEM: ConwnNy DnWo,'awwa Fl1ND: 96
DMSION: ErpNNwkp COSY CENTEIC ~89J
Stab Ptop. lOB~Paaaangar Rao Bono Act
lt7
GITY OF RANCHO CUCAMONC3A
FISCAL YEAR 1993/94 CAPITAL IMPROVEMENT PROJECTS
DEPAIR-EM: Ca~munNy OMlopmxn FUND: 3E
DM870N: ErgYwrNq COST 4ENTER: N37
Sbb Pmp. 13NP~r~nWr NY Bona M
CITY OF RANCHO CUCAMONGA
FISCAL YEAR 1993/94 ANNUAL BUDGET SUMMARY
DEPARf1AEpT: Cammualy Dwhbpnwrt FUNO: 97
OMSWN: EnpkiaM4p COST CENTER X877
San eamaidno Coumy ANrun 1: Camnartw SW
15
CITY OF RANCHO CUCAMOhGA
FISCAL YEAR 1993/94 CAPITAL IMPROVEMENT PROJECTS
DEPAI(tAENf: COImI1MYtJ DwnkPmaf FUND: 37
DMSION: ErgIONiMp ~~~~ ~l37
1981y2 7 1
Sal SMMrAMa CaNHy Mauur~ 1: CamM~r flW
OSJ. AdopYO A6opatl EaYnaW Narpa AOOpW
932 T
6 METRDUNKSTA710N 6fA4UTiE3
0
0
0
1,787,300
m.
16
t;ri~x yr tuuvt;n~ wt~e+ivivivue~
STAFF REPORT ~'
GATE: September 1, 1993
T0: Myyor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Ntiltam J. O'Neil, CTty Engineer
8Y Nalter Stickney, Associate Engineer
SUBJECT: APPROVAL TO APPROPRIATE 525,000 FROM FUND 09 - "GAS TAX' FOR THE
PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR THE MILLIKEN AVENUE
EXTENSION FROM ARRON ROUTE TO FOOTHILL BOULEYARD
RECOMIEIDATION
It is recommended that City Council appprove sn appropriation of 525,000 from
F!!nd 09 - "Gas Tax" for the prcpartton of Environmental Documents for the
Milliken Avenue Extension from Arrow Route to Foothill Boulevard.
eAC1csRBUIniAMALrsIs
In cantunctlon with the improvement of the Milliken Avenue Extension from
Arrow Route to Foothill Boulevard tt is necessary to prepare an Environmental
Assessment for the protect. The appropriation of (25,000 will go toward
consultant services for Lhe above envtromaental requirements.
This appropriation will not Impact any protects City Council Previously
approved 1n the Fy 93/94 budget.
Respec ly submitted, ~ Q
~~ lam.
Ni11 J. O'Neil
City Engineer
MJO:NS:dlw
17
CITY OF RANCHO CUCAMONOA
STAFF REPORT
DATE: September 1, 1993
TO: Mayor and Members of the City Council ^'
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY John Martin, Associate Engineer
SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH L. D. KING FOR
FOR THE AMETROLINK STATION I AT PMILLfKENE AVENUE IgND~ THE SANTAATFE
RAILROAD FOR 5192,500 TO BE FUNDED EQUALLY FROM FUNDS 36-4637-9326
AND 37-4637_9326
REC01*ENpATION
It is recommended that the City Council approve the Professional Services
Agreement with L. D. King, and authorize the Mayor and City Clerk to sign said
agreement.
BACKGR011_ pp~~,YSIS
The Community Development staff has actively pursued the process of selectingg a
Design Engineer for development of plans for the metrolink station at Milliken
Avenue. Several firms were contacted to Vrovlde the City with proposals for
developing conceptual site design and final construction plans and
specifications.
venture withoParsonsiDeLeuw awes tselect dosals the firm of L. D. King in joint
project. The firm of L. D. Kin as the best qualified fine for the
including Ontario and Montclair. The firm of Pagsons-DeLeuw hastdesignedsaver 20
stations in Los Angeles, Orange and San Bernardino Counties and was in joint
partnership with L. D. K1ng~in developing the Montclair station which is still
under construction. The scope of services, was defined to eliminate overlaps
was hnegotla tads the t~refloects la mutuallyd acceptabl e~agireement~ design and a price
Metrolink stations and platforms have become specialized work due to the
relatfonships between passenger, platform and railcar. Staff Ts confident this
team will provide a quality product within an acceptable time frame. An added
benefit to having Parsons-DeLeuw on the project 1s they developed the Design
Manual for ail Me*.rolink stations and platforms and are fn constant contact with
the Southern California Rail Authority for design changes.
the Public Works Subcommittee has reviewed all of the proposals and concurs with
the staff reconmendation.
iespec tfully spb~mitted,
illiam J. O'Neill
sty Engineers
JO:JM:dlw
I8
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: September I, 1993 '
T0: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Million J. O'Neil, Ctty Engineer
BY Jahn Martin, Associate Engineer
SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT NITH RJM DESIGN
GROUP, iNC., FOR THE PREPARATION ~ ARCHITECTURAL PLANS,
SPECIFICATIONS, AND ESTIMATES FOR THE METROLINK STATION AT
MILLIKEN AVENUE AND THE SANTA FE RAILROAD FOR 538,000 TO BE
FUNDED EQUALLY FROM FUNDS 36-4637-9326 AND 37-4637-9326
It 1s recommended that the City Council approve the Professional Services
Agreement with RJM Design Group, Inc., a~ authorize the Mayor a~ City Clerk
to sign said agreement.
BACXGNOUID/ANALYSIS
fie Community Development staff has actively pursued the process of selecting
a Architectural Consultant for development of plans far the Metrolink station
at Milliken Avenue. Several firwis were contacted to provide the City with
proposals for develoDing conceptual and finished design plans for the
Metrolink Station's architectural character and overall site thane.
After a thorough review of all the proposals the tame of RJM Design Group and
Noff/Lang/Christopher were setetted for the project. A scope of services and
a price was negotiated that reflects a mutually acceptable agreement. Staff
anticipates that the combined resources of both flrws will provide a
comprehensive design solution that meets the City's aesthetic, budgetary and
scheduling goals.
The Public Morks Subcowelttee has reviewed ell of the proposals and concur
with staff.
Respec*.fully ltted,?.
~~` ~~~
Mi111me J. ii
City Engineer
NJO:JM:dlw
Derbish Guerra & Associates have submitted a proposal to prepared
engineering plans and specifications to expanded the Milliken Park parking
lot onto the proposed Y.M.C.A. site.
The proposed contract is $32,500 for both projects. The Milliken Avenue
Grade Separation Slope and Drainage Modification portion is $17,750 and will
be funded from Landscape Maintenance District No. 3B (Account No. 46-4130-
9324) and the Milliken Park Parking Lot Expansion portion is $14,750 and will
be funded from Landscape Maintenance District No.4 (Account No. 43-4130-
9323). Copies of the agreement are available in the City Clerk's office.
Respectful ubmitted,
~~ .
YJilliam J. O'Neil
City Engineer
17,,
CITY OF RANCHO CUCAMONGA :..7`-%s~~
STAFF REPORT " ~~~ '`''
DATE: September 1, 1993
:.^ ;s
TO: Mayor, Members of the City Council and City Manager (Cl~ ~.;
FROM: William J. O'Neil, City Engineer
BY: Lucinda E. Hackett, Associate Engineer
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
WITH DERBISH, GUERRA & ASSOCIATES FOR
ENGINEERING SERVICES FOR THE MILLIKEN AVENUE
GRADE SEPARATION SLOPE AND DRAINAGE
MODIFICATION FOR A FEE OF $17,750 TO BE FUNDED FROM
ACCOUNT NO. 46-4130-9324 AND THE MILLIKEN PARK
PARKING LOT EXPANSION FOR A FEE OF $14,750 TO BE
FUNDED FROM ACCOUNT NO. 43-4130-9323.
t~ECOMMENDATION
It is recommended that the City Council approve the Professional Services
Agreement with Derbish, Guerra & Associates and authorize the Mayor and
City Clerk to sign said agreement.
BACKGROUND / ANALYSIS
Milliken Avenue Grade Separation was completed in October of 1992. During
the facility's first few menths of operation it became apparent that there were
slope maintenance and drainage problems due to irrigation and storm water
runoff.
Derbish, Guerra & Associates has submitted a proposal to prepare engineering
plans that would modify the slopes and drainage facilities to prevent further
damage from occurting.
Milliken Park is located at 7699 Milliken Avenue in the Terra Vista Planned
Community and was dedicated in October of 1992. Milliken Park was
designed to be built in conjunction with the proposed Y.M.C.A.which is to be
located on the parcel adjacent to and southerly of the park site. The approved
design, for the park and the Y.M.C.A. called for a joint parking lot to serve the
needs of both the facilities. When the park was constructed, only one section
of the parking lot was installed. Due to the popularity of the park with its
regulation softball field, basketball and volley ball courts, tot lot and picnic
facilities this lot is considerably under size and people are forced to park in the
vacant dirt Y.M.C.A. site.
W
- CITY OF RANCHO CL'CAMONGA
STAFF REPORT
DATE: September 1, 1993
TO: Mayor and Members of the City Councl
Jack Lam, AICP, City Manager
FROM: Robert C. Dominguez, Administrative Services Director
SUBJECT: APPROVAL OF PARTICIPATION AGREEMENT WITH PUBLIC
AGENCY RLSK SHARING AUTHORITY OF CALIFORNIA FOK CITY
WORKERS' COMPENSATION PROGRAM
RECOMMENDATIOU
It is recommended that the City Council approve the participation agreement with
the Public Agency Risk Sharing Authority of California (PARSAC) for the City's
Workers' Compensation Program and authorize the Mayor to execute the document
on behalf of the City.
Since 1990 the City has been affiliated with the Califomia Municipal Insurance
Authority (CMIA) for Workers' Compensation Administration. Very recently, the
title of this group has been changed to the Public Agency Risk Shazing Authority of
California (PARSAC). The initial agreement was for three years and terminated
June 30, 1993. A subsequent three year agreement has been prepared by the
Authority and has been forwarded to the participating cities for their action. The
Authority is comprised of 17 cities who pool their funds for purposes of self-
insu:ing for Workers' Compensation claims. Thus far the City has found the
pooled concept to be of benefit administratively, as well as economically.
City staff has reviewed the agreement and had issue with one specific Claus. This
specific section is Section 10, Page 10, Procedure for Settlement of Claims. Since the
City no longer has a representative on the Board, our interpretation of the section is
based solely on the wording of the section. Accordingly, we contacted the Authority
expressing our concern with regard to the "exclusive settlement authority"
possessed by the General Manager of up to $50,000, and of the Workers'
Compensation programs sub-committee having settlement authority of up to
$250,000, exclusive of any direct input by a member city. In consultation with the
City Attorney, and after discussion with the General Manager and other board
members of PARSAC, the General Manager agreed to enclose the attached letter
which provides what staff was looking for, and that is consolation and dtrect
involvement prior to any settlement being reached by either the General Manager
or the Workers' Compensation sub-committee. As you will note, the General
21
CITY COUNCIL MEETING
APPROVAL OF PARTICIPATION
AGREEMENT WITH PARSAC
September 1, 1993
Page 2
Manager was even willing to submit an amendment to the contract at their
November 19, 1993 meeting; however, staff feels that the attached letter, which we
would recommend be made part of the agreement,addresses our concerns.
The cost for participation in PARSAC for 1932/93 was slightly over $3()(1,000; this was
within budget. The amount budgeted for 1993/94 is $2%,400. The decrease is
because of fewer numbers of employees covered by Workers' Compensation. The
City will continue to attempt to address Workers' Compensation claims by ensuring
safety practices are adhered to and by reacting quickly to claims.
With the additional provisions provided by the letter of August 9, 1993, staff is in
concurrence with the provisions of the agreement and would rernmmend approval
by the Council.
Respectfully submitted,
n rt ~ n uez
~n~~ e~rvices Director
RCD/dah
attachment
11344 Cobma Road, Suite 825
Gold Rive:, CA 95670-0458
Phaw (916) 852L170
FAX (916) B52fi173
O
:am
WILLIAM
auc ~> teas
rusk
August 9, 1993
Ms. Brigit Tate
Department of General Services
City of Rancho Cucamonga
P. O. Box 807
Rancho Cucamonga, CA 91730
RE: SETTLEMENT AU'INORITY FOR
WORKERS' COMPENSATTON CLAIMS
Dear Ms. Tate:
This letter will serve to confirm conversations we have had regarding the authority of the
PARSAC (formerly CMIA) General Manager to settle workers' wmpensation claims involving
individual PARSAC Member Entities. Paragraph 9, under "TERMS", entitled "Procedure for
Settlement of Clail is", gives the General Manager settlement authority up to 550,000.
As discussed, the intent of the Executive Committee was that any settlement be negotiates with
the informed consent and participahon of the Member Entity. In other words, neither
PARSAC nor its General Manager will ever enter into a settement without first contacOng the
Member Entity and gaining their input and concurrence. In order [o protect the financial
integrity of the pool, however, the General Manager does make the final decision on any such
settlements. Should there be a disagrcement, the Workers' Compensation Subcommittee will
act as arbitraror.
Should this letter not eliminate all of the concerns of your city regarding the foregoing, I am
willing to present an amendment to t'^•~ Workers' Compensation program Participation
Agreement at the November 19, 1993 PARSAC Board of Directors meeting incorpora5ng the
stated intent.
Very truly yours,
William A. Sorrick,
General Manager
cc: PARSAC Executive Committee
Dallas Holmes, Generat Counsel
CITY OF RANCHO CUCAMONCA
STAFF REPORT
DATE: September 1, 1993 FII ~'~
UL
TO: Mayor and Members of the City Council ~~
Jack Lam, AICP, City Manager
FROM: Rick Gomez, Community Development Director
BY: Karen McGuire-Emery, Associate Park Planner
SUBJECT: APPROVAL TO AWARD AND AUTHORIZATION TO EXECUTE A CONTRACT
FOA THE RANCHO CUCAMONGA NEIGHBORHOOD CENTER ROOFING
PROJECT FOR THE AMOUNT OF $45,435.50, ($41,305.00 PLUS A
10$ CONTINGENCY) TO BE FUNDED FROM COMMUNITY DEVELOPMENT
BLOCK GRANT ACCOUNT NO. 28-4333-9105 TO J. CAB 6 SONS.
ROOFING, INC., AND AUTHORIZE ADDZTTONAL APPROPRIATION AND
EXPENDITURE FOR FISCAL YEAR 1993-94, IN THE AMOUNT OF
$2200.00, ($2005.00 PLUS A 10$ CONTINGENCY) FROM FUND
BALANCE INTO EXPENDITURE ACCOUNT 13-4563-7043 FOR THE
REMOVAL AND REPLACEMENT OF LANDSCAPE MATERIAL AT THE
NEIGHBORHOOD CENTER HY MARIPOSA HORTICULTURAL
ENTERPRISES, A LANDSCAPE MAINTENANCE COMPANY CURRENTLY ON
CONTRACT WITH THE CITY.
RECOMMBNDATION
It is recommended that the city Council award and authorize
execution of the contract for the Ranc:~~ Cucamonga Neighborhood
Center Roof inq Protect to the lowest responsive bidder. J. Cab S
Sons Roofing, Inc., for the amount of $41,305.00 and authorize the
Administrative Services Director to expend $45,435.50 ($41,305.00
plus a i0$ contingency) to be funded from Community development
Block Grant Account No. 28-4333-9105.
In addition, it is recommended that the City Council authorize
additional appropriation and expenditure for fiscal year 1993-94,
in the amount of $2200.00, ($2005.00 plus a 108 contingency Prom
fund balance into expenditure account 13-4563-7043 for the removal
and replacement oP landscape material at the neighborhood center by
Mariposa Horticultural Enterprises, a landscape maintenance company
currently on contract with the city.
HACRGROOND/ANALY8I8
Per previous Council action, bids were solicited, received and
opened on August 19, 1993, for the Rancho Cucamonga Neighborhood
Center Roofing Project. The following is a summary of those bids
received:
RANCHO CUCAMONGA NEIGHBORHOOD CENTER
ROOFING PROJECT
Arch. Estimate: $38,285.00 Bid Date: August 19, 1993
Bidder
Amou
J. Cab & Sons Roofing, Inc. $41,305.00
Eberhard Roofing
$64,642. U0
Roy O. Huffman Roof Company $101,673.90
Staff has reviewed all bids received a.nd has found J. Cab & Sons
bid to be complete and in accordance with the bid requirements, as
the apparent lowest responsive bidder with a bid amount of
$41,305.00. The Architect's estimate was $38,285.00.
In order to accomplish the roofing project as well ae the scheduled
painting improvements at the Neighborhood Center, it is necessary
to remove existing landscape material attached to Lhe east face of
the building and along the east block wall. Upon completion of the
improvements, the existing ivy will be replaced with a foundation
planting which will be non-invasive and low maintenance.
,\
Respectfully submitted,
/< `~
~ ' 'r
Rack Gomez
Commalkiity Development Director
~_/
RG:KME:kme
LJ
1:11'x V1' ttEflv(;riV l~UI;AMViV IiA
STAFF REPORT ` '"~
GATE: September 1, 1993
T0: Mayor and Members of the City Council
Jack Lem, AICP, City Manager
FROM: William J. O'Neil, Ctty Engineer
BY: Dan James, Senior C1v11 Engineer
SUBJECT: APPR6YAL OF CONVEYANCE AGREEMENT BETWEEN SAN DERNARDINO COUNTY
FLOOD CONTROL DISTRICT AND THE CITY OF RANCHO CUCAMONGA FOR THE
CONVEYANCE OF LAND FROM THE FLOOD CONTROL TO THE CITY FOR STORM
DRAIN PURPOSES RELATING TO THE DEVELOPMENT OF TRACT 13527 AND
TRACT 14139, LOCATED NORTH OF 24TH STREET ANO WEST OF ETIHANDA
AVENUE
It is recommended that the City Council approve the subiect agreement with San
Bernardino County Flood Lontrol District (S.B.C.F.C.D.) and authorize the
Mayor and City Clerk to sign said agreement.
Tract 13527 and Tract 14139 were conditioned to construct the C11;y's master
planned storm drain within 24th Street from their westerly property line to
Flood Control facilities Tn the Etiwanda spreading grounds. The County Flood
Control District owns a strip of land, 50 feet wide, within the future 24th
Street west of Etlwanda Avenue. Currentiy this land is an earthen channel
maintained by Flood Control.
The agreement provides for the Flood Control District to convey the property
to the City at no cost. The developers of Tract 13527 and Tract 14139 will
install ±he pubifc lmprovments per the conditions of the tracts. Once
installed the 24th Street Storm Drain will be maintained 6y the City.
Attached 1s a letter from the County Flood Control Staff indicating their
acceptance of the Agreement. Once the City has executed the Agreement County
Staff will present 1t before their Board for approval.
The A regiment has been reviewed by the City Attorney and is on file in the
City Clerk's office.
Respectfully u ltted,
~Z~z~
Nilltam J. 0' 1
City Engineer
WJ0:0.1:d1w
Attachment
~ ,~ ~ ~
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'fT IM39 ~~ w
' II ~ ~
~~ ~
_~: ~ r
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3
~ n issz7 ~ ~
--PR0Po5Ep LAND GoNVEYANGE
li ~ - - -- / ----~
-,
u I ~
~i,~
~_-_
q, - ---_----~-
7 __ ..._ ---1'TI T' - ..._
I ~ i ~ 7
'~L_ =~11N
--a
-~~
----I
_~
CITY OF
RANCHO CUCAMONGA
ENGINEERING DIVISION
a ~-~-T ~ ~~v i ~
pp~; 7T 14139 ~` ~~6.17
1TTLE: `^.~tL~L M~lv
F.XF~Pf: ~
27
TRANSPORTATION/FLOOD CONTROL - couNrvofsnNSERNaRO1No
DEPARTMENT ' ~'-: PUSUC WORKS GROUP
a25 Emt Thhd Street Sin Bwnardino, CA 92415-0&35 • 17141 3875&00 NEN A. MILLED
fee No. 17141 357-2807 Onec<ar
File: 1-705/ 1.00
August 24, 1993
Mr. Jce O'Neil
City of Ranch Cucamonga
P.0. Box 807
Rancho Cucamonga, CA 91729
RE: 24th Street Storm Drain Right-of-Way Agreement
Dear Joe:
Reference is made to my letter to you dated July 30, 1993 regarding the
proposed agreement and a meeting with your staff, Keith Company and Watt
Company on August 11, 1993.
Forwarded for appropriate action are eight 18i copies of the agreement
between the City of Rancho Cucamonga and the District regarding the transfer
of District property along 24th Street in the vicinity of the Ahmanson Watt
tracts.
The agreement has been reviewed by County Counsel, Risk Management,
Affirmative Action and other internal divisions and found to be satisfactory;
however, in reviewing the technical information provided by Keith Company
through their correspondence dated July 21, 1993 (received on July 26,
19931 there are some inconsistencies in the hydrology calculations. A meeting
has been scheduled for 3:00 p. m. this date in an effort to resolve these final
issues. When these issues are resolved, the District will recommend to the
Board of Supervisors to adopt the agreement.
A scheduling date of September 21, 1993 or September 28, 1993 could be
met for our Board's consideration provided the inconsistencies are resolved.
It should be noted that resolution of the inconsistencies would not effect the
agreement, which could be allowed to proceed by the City; however, the
County, of course, would not approve the agreement until the issues are
resolved.
r~
Mr. Joe O'Neil
August 24, 1993
Page 2 of 2
Af*sr appropriate action by the City Council, please return all eight (8) copies
back to this office. After our Board's consideration, we will provide the City
with three 13- sets of documents.
Thank you for your cooperation in this matter. Should you have any
questions, please do not heskate to contact me aJt (909) 3871-26/19.
Very .nYYoSN~,;,l.~l~(-~
LE~. NEEB, P.E.
EtiwandalSan Sevaine
Project Manager
LSN:Imk
Attachment as noted
cc: R. Scott Hanks, Watt Homes
John Steger, SBCFCD
KAM -Heading file
LSN 277
- - c11'Y or itANCxO CUCAMONGA , •~• .,
STAFF REPORT ~ :•r"~ "
DATE: September 1, 1993
T0: Mayor, and Members of the City Council `Vl
Jack Lam, AICP, City Manager
FROM: NillTam J. O'Neil, City Engineer ~
BY: Steve M. Gilliland, Public Norks Inspector ~. ! ~'---~
SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 13753
LOCATED ON THE NORTH SIDE OF ELLENII STREET NORTH OF BASE
LINE ROAD, SUBMITTED BY LENIS HOMES
RECOMMENDATION
It Ts recommended that the City Council adopt the attached resolution,
accepting the subject agreement extension and security and authortzing the
Mayor and City Clerk to sign said agreement.
BACKIROUIp/ANALYSIS
Improvement Agreement and Improvement Security to guarantee Use
construction of the public improvements for Tract 13753 were approved by
the City Council on August 6, 1992, in the following amounts:
Faithful Perfonrance Bond: f483,089
Labor and Material Bond: f241,545
The deveiaper, Lewis Homes, 1s requesting approval of a 12-month extension
on said improvement agreement fn order to conptete the /mprovements which
are being constructed 1n phases. Copies of the Improvement Agreement
Extension are available 1n the City Clerk's Office.
Respectful ubmltted,
ate--~P
Nilliam J. Neil
City Engineer
NJO:SMG:Iy
Attachments
Lewis Homes Management Corp.
1156 Vonh A7nuntain Avenue/ P.O. Box 670/Upland, California 9I7R5-0670
909/9R5-0971 FAX: 909/949-6700
August 11, 1993
city of Rancho Cucamonga
losoo Civic center nrive
P. O. Boz 807
Rancho Cucamonga, CA 91729
Attn: eteva Oillilaad
Public Works Inspector
Ref.: Tx. 13753 - Ezteaaioa of Improvement Agreement
Dear 8tevet
Per your conversation vita xarea Haieer yesterday, enclosed plaaeo
find the Improvement Agreement Eztanaioa form, ezecutad in
triplicate, as well as our snack in tae amount of $251.OO, to
extend Tr. 1373 foi 12 montas.
since thin is a multipbaa• tract and we era only doing about 20 at
a time, it will take ua over a year, eo wa will need a yeara~
eztenaion.
Thank you for your consideration of our request.
very truly yours,
LEWIB HOMES YANAGEMEHT CORP.
Doa Thompson
Terra vista Projaot Manager
DMT:kak
Enclosures
31
RESOLU?ION N0. ~~. , ~ 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION ANG IMPROVEMENT SECURITY FOR TRACT 13753
NHEREpS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on September 1, 1993, by Lewis Homes as deveioper, for the
improvement of public right-of-way adJacent to the real proper*y specifically
described therein, and generally located on the north side of Ellena Street
north of Base Line Raad; and
NHEREAS, the installation of such improvements, described in said
Improvement. Agreement and subJect to the team thereof, 1s Lo be done in
conJunctlon with the development of said Tract 13753; and
NHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which 1s identified
in said Improveaent Agreement Extension.
NOM, THEREFORE, the City Council of the City of Rancho Cucamonga,
California hereby resolves, that said Improvement Agreement Extension and said
Improvement Security be and the same are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the City Clerk to attest thereto.
CITY OF RANCHO CUCAMONGA
STAFF REPORT `
GATE: September 1, 1993 -
T0: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: N1111am J. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Norks Inspector I`~v
SUBJECT: ACCEPTANCE OF IMPROVEMENTS, RELEASE OF BONDS AND NOTICE OF
COMPLETION FOR PARCEL MAP 11341, LOCATED ON THE SOUTHEAST CORNER
OF MILLIKEN AVENUE AND CHURCH STREET
RECOMMENDATION:
The required street Improvements for Parcel Map 11341 have been completed in
an acceptable manner, and it is recommended that City Council accept said
improvements, authorize the City Engineer to file a Notice of Completion and
authorize the City Clerk to release the Faithful Performance Bonds in the
amounts of 5302,000, 5180,000 and E130,000.
BAgI6MDIMID/AMALVSIS
Parcel Map 11341 -located an the southeast corner of Milliken Avenue and
Church Street
DEVELOPER: Ler15 Homes
P.0. Box 670
Upland, CA 91785
Release:
Storm Milliken 8 Foothill
Streets Drain S14na1
Faithful Performance Bonds ;302,000 5180,000 5110,000
Respectfully suD~~ tied,
N1111am J. 0'N (~~~
City Engineer
NJO: SMG ad
Attachment
RESOLUTION N0. 9~ " / ~ 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR PARCEL MAP 11341 AND AUTHORIZING THE FILING OF A
NOTICE Of COMPLETION FOR THE WORK
WHEREAS, Lhe construction of public improvements for Parcel Map
11341 have been compieted to the satisfaction of the City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NON, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work 1s hereby accepted and the City Engineer 15
authorized to sign and file a Notice of Completion with the County Recorder of
San Bernardino County.
DATE: September 1. 1993
s;ii x yr ts.:tvt;nv ~ut.;r~mvrvtxrx
STAFF REPORT
e
T(7 Mayor and Members of the City Council
Jack Lam, AICP, City ana
FROM: Jerry B. Fulwood ~
Deputy City Mans ,~
SUBJECT: CONSmERATTON TO AMEND MUNICIPAL CODE TITLE 8 BY REPEALING
CHAPTER 8.24 AND ADDING A NEW CHAPTER 8.24 PERTAINING TO
THE PROHIBITION AND REMOVAL OF GRAFFITI
RECOMMENDATION:
Per City Council direction, please find attached the applicable ordinance for f"ust trading.
BACKGROUND:
On August ]8, 1993, the City Council approved the Anti-Graffiti Task Force's recommendation
and directed staff to bring the proposed Anti-Graffiti Ordinance back to the City Council for first
reading.
1BF:jls
g U~_~ S_ 9 3 W E D i l 2 q M g R K M q N a g R C Z Y N S K I
P 0 2 i 1 2
E~RAFT
ORDINANCE N0. 5IS
AN ORDINANCE OF THE CITY OF RANCHO CVCANONOA
ANENDINO TITLE 6 OF THE RANCHO CUCAMONOA
MUNICIPAL CODE EY REPEALING CHAPTER 8.24 AND
ADDING A NEN CHAPTER 8.24 THCRETO PERTAINING
TO THE DROHIBITION AND REHOVAL OF URAFFITI.
The City Council of the City of Rancho Cucamonga does
ordain ae follows:
eeatlon 1•
Chapter 8.24 of the Rancho Cucamonga Municipal Coda Sa
repealed. Anew Chapter 8.24 is hereby added to Title 8 Ot the
Rancho Cucamonga Municipal Coda to read, in words and figures, as
follows:
n~~ e•:4
nORAFFITI FAOHIBITIOM ~~ AENOVAL
1'YaotioRal
"6 .24.010 PurpOae end intent.
"8 .24.020 Daflnitlone.
"8 .24.030 Unlawful to apply graffiti.
"6 .24.040 Possession of gre tfitl implements And
scribing devices by minors prohibited.
"8 .24.050 Possession of graffiti implements
prohibited in designated publia places.
"5 .24.060 Accessibility to graffiti implements.
"8 .24.070 Graffiti removal provisions.
"8 .24.080 Rewards.
"8 .24.090 Reimbursement of cellular phone coats.
"8 .24.100 Penalties and civil liability of
parents.
"@124.010 f_~pss• ATId intent.
"The City Council of the City of Rancho Cucamonga
hereby specifically finds that graffiti on public and
private properties is an immediate and serious threat to the
safety and welfare of the Community. Furthermore, graffiti
encourages gang and other criminal activities thereby
threatening the safety of citizens of the City.
Additionally, both public end private~~properties are
experiencing a dramatic increase in graffi~i wh lch is costly
to remove and creates a negative image of the City of Rancho
Cucamonga. Graffiti is a blighting factor which not only
1
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A V G- 2 5-?~ W E D i l v? 5 M A R K M A N ~ g R C Z Y N S K I P 0 3 i 1 2
depreciates the value of such property that has been the
target of such vandalism, but also depreciates the value of
the adjacent and surrounding properties so as to creato a
negative impact upon the entire city.
"state law authorizes the city, under certain
circumstances, to provide for the removal of graffiti and
other inscribed materials from private as well as public
property. The Council finds and determines that graft itl is
obnoxious and a public nuisance and unlesc the City causes
it to be removed Lrom public and private property, it tends
to remain. other properties then become the target o!
graffiti with the result that entire neighborhoods are
affected and become less desirable places in which to be.
"It is the purpose and intent of the City Council,
through the adoption of this Chapter, to provide additional
enforcement tools to protect public and private property
from acts of vandalism and defacement, including the
application of graffiti on privately and publicly owned
walla and structures. Such acts are inimical to and
destructive oL the rights and values oL private property
ownors ae well as the total community. It 18 the Lurther
intent oL the City Council, through the adoption of Ehis
Chapter, to provide notice to all of those who disregard the
property rights of others, that the law enforcement agencies
of the City, the sheriffs Department and the District
Attorney's office, will strictly enforce the law and
vigorously pro^ecute those persons engaging Sn the
defacement of public and private properties.
"§~2~ Definitions.
"A. Aerosol Raint Container. `Aerosol paint
container' means any aerosol container which is adapted or
made for the purpose of spraying paint or other substance
capable of defacing property.
"B. Felt Tip Marker, `Felt tip markor' means any
tipped style marker or similar implement with a tip which,
at its broadest width, is one-eighth (1/8th) inch or
greater.
"C, Graffiti. `Graffiti' means any inscription,
word, figure, or design that is marked, etched, scratched,
drawn, painted, pasted or otherwise affixed to or on any
sur[aco, to the extent the same was not authorized in
advance by the owner thereof, or, despite edvanca
authorization, Ss otherwise deemed by the City Council to be
a public nuisance.
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A U G- 2 5- 9 3 W E D 1 1: 2 5 M A R K M A N W A R C g y N S K I
P0ai12
"D. Graffiti Implement. `Graffiti implement'
means an aerosol paint container, a felt tip marker, or any
other device containing any solution or substance capable of
being used to leave a visible mark at least one-eighth
(1/ath) of an inch in width upon any surface.
"5121.03p tLlltwtul fg ibD1V araifiti.
"It shall be unlawful for any person to apply graffiti
to any trees or structures including, but not limited to,
buildings, Walls, fences, poles and signs, (`structures'
herainaPter in this Chapter) located within the City. It
shall also be unlawful for any person to apply or affix eny
adhesive backed label, sticker, `bumper sticker' or similar
item, to any tree or structure not owned or lawfully
possessed by such parson.
"$iZ ~.O eo, Poar~seion Q,t qujj~i isolerent^ ~
rnribina 'devi°es pj( ~~ prohibited.
"It shall be unlawful for .eny minor to have Sn his or
her possession any graffiti implement or rcribihq device
while upon public property or upon private property without
the consent of the owner of such private property whore
consent to such porsession and presence it given in writing
in advance. For purposes of thi• section, `scribing devioe~
means any drill bit, grinding atone, glare cutter, or any
device the purpose of which i• to scribe into any outface.
"This Section shall not apply to the porseselon of a
felt tip marker by a minor attending, or traveling to or
from a school at which the minor it enrolled, if the minor
is participating in a claer at raid school which formally
requires the possession of such felt tip markers.
ur,21.050 Post~uion Qj prrjfiti irelyent•
orobibited jp d~~.aneted gYA114 blaoe•.
"It ehali be unlawful for any person Co have in hie or
her possession any graititi implement while In any Publio
Park, playground, swimming pool, recraatlonal facility, or
while in or within ten (10) fast oL an underpass, bridge
abutment, storm drain, or other similar type o!
infrastructure not normally usnd by the public, except as
may be authorized by the City.
"Q,1II~.06q 1(Qge~b 11ty j,S eratfiti imoi~melyt~.
"A. Furnishing to minors prohibited. It shall be
unlawful for any person, other then a parent ar legal
guardian, to sell, exchange, give, loan, or otherwise
furnish, or cause or permit to ba exchanged, given, loaned,
."+ U ~~ - 2 S ._ 0 3 w i n 1 1 6 M g R K M R N D R R C 2 Y
Ns Y.I P03~ 12
or otherwise furnished, any graffiti implement to any minor
without the consent of the parent or lawful guardian which
consent shall be given in advance in writing.
"8. Display requirements. No person or business
engaged in a commercial enterprise Bhall display for sale,
trade or exchange, an}• graffiti implement except in an area
from which the public shall be securely precluded without
employee assistance. Two such acceptable methods for
displaying graffiti implements for sale shall be by
containment in (1) a completely enclosed cabinet or other
storage device which shall be parmanantly aiflxed to a
building or structure, and which shall, at all tlmas except
during access by authorized rapreaentativas, remain securely
locked; or (2) Sn an enclosed area bahlnd a salsa or service
counter from which the public is pracludad from entry.
Nothing herein shall relieve ouch parson or business entity
from, at all times, complying with the raguiremante of
California Penal Code Section 594.1(e) by posting signs as
described therein.
"C. Storage requirements. No person or business
engaged in the buainaes of selling, providing or Grading
graffiti implsnanta shall atom any graffiti implement
oxcept in either (1) a oompletely enclosed room which shall,
at all times axcept during access or actual occupancy by the
owner oran authorized adult representative of the owner,
remain secuzely locked; or (2) in a completely encloaad
cabinet or other storage device which shall be permanently
affixed to a building or building structure, end which
eha11, at all times except during accase by the owner or an
authorized adult representative of the owner, remain
eacurely locked. For purposes of ihSe 9eotion, an owner or
authorized repreaentativs of the owner, shall be deamad to
actually occupy a room even during brief parlods of absence
if the room is contained within a larger structure which is
occupied by the owner.
"D. Civil responsibility for damages for wrongful
display or storage. Any person who displays or stores or
permits the display or storage, of any graffiti implement in
violation of the provision8 of this Sact ion shall ba
personally liable for any and all costa, including attorneys
fees and court oosts, incurred by any party in connection
with Lhe removal ~f graffiti, the repair of any property
containing graffiti, or such party's prosecution of a civil
claim for reimbursement or demagas resulting from such
graffiti removal or property repair, erlsing from the use by
any person of aUCh wrongfully displayed or stored graffiti
implement in violation of the provisions of any of the
California Penal Code Sections set forth in Section 8.24,080
A.1. hereof, or Section 8.24.070 of this Chapter,
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q U G- 2 5- 9 T, W E D Y 1:~~ M A R Y. M A N a g R C Z Y N S K I
P 0 6 i 1 2
"¢,,j~.o7o graffiti removal p~ovlsiopg.
"A. Right of City to require removal. It is unlawful
for any person who is the owner, or who has primary
responsibility for control, of private property or who has
primary responsibility for the repair or maintenanco of
private property (`Responsible Party' hereinafter in this
section), to permit said property to be defaced with
graffiti for a period in excess of seven (7) days after
service by City by first class mail oP notice of same,
unless (1) said person shall demonstrate by a preponderance
c°. evidence that he or she does not nave the financial
ability to remove the defacing grattiti~ or (2) it can be
demonstrated that the Responsibl• Party has an active
program for the removal of graffiti and has scheduled the
removal of the graffiti as part of that program, in which
vase it shall be unlawful to permit such property to remain
defncad with graffiti Por a period of fifteen (15) days
after service by first class mail of notice of same.
"8. Declaration of nuisance.
"1. Graffiti u a nuisance. The City Council
hereby declares and Linda graffiti to be a nuisance aub]ect
to abatement according to the provisions and proeadures
herein contained.
"2. graffiti attracting surface as a nuisance.
The existence of any surface of a structure on any privately
owned parcel oR lend which has boon defaced with graffiti
after removal more than five (5) times in twelve (12) months
Ss hereby doomed to ba a nuisance, and may be abated by the
City's requiring modifications thereto, or to the immediate
area surrounding acme, acoording to the provisions and
procedures set forth in Chapter 8.23 of this Code. Such
modifications may include, but ere not limped to:
Retrofitting of such surfaces at the expanse of the property
owner(s) of said lot, not to exceed a total coat of $500.00,
or at the cost of the Clty at the City's option, with such
features or qualities as may ba •etebliehs4 by the City ea
necessary to reduce the of attraetivaness of the avrfeee for
graffiti, or as necessary to permit more convenient,
expedient or efficient removal of graffiti therefrom.
"C. Right of City to remove.
"1. Use of public Lando. Whenever the City
becomes aware That graffiti is located on public or private
property viowable from a public or quasi-public place within
the City, the City shall he authorized in its discretion to
use public funds for graffitf removal, or for repainting or
A U G- ^_ 5- 4 3 W E D 1 1 2 8 M A R K M g N <l g R C 2 Y N 5 K I P 0 T~ 1 2
repairing of said property. The City shall further ba
authorized to require a Responsible Party to agree to
reimburse the City for Sts actual costs prior to the
expenditure of public funds. This Section shall not
authorize graffiti removal on, or the repainting or
repairing of property owned by another public entity without
prior agreement.
"This Sect icn shall not authorize the repainting
or repairing of any more extensive area than that where the
graffiti is located, unless the City determines that n more
extensive area is required to bn repainted or repaired in
order to avoid aesthetic disligursment to the neighborhood
or community, or unless the Responsible Party agrees to pay
for the costs of repainting or repairing the more extensive
area.
"2. Right of entry on private property.
"e. insuring owner consent. Prior eo
entering upon private property or property owned by a public
entity other than the City, for tine purpose of zsmoval of
graffiti, th0 City shall attempt to secure the ooneant of
Che Responsible Party, and a release of the City from
liability for private or public property demags.
^b. Failure to obtain owner Ooneant. It e
Responsible Party fails t0 remove the ottsnding grettiti
within the time herein speoitisd, or ii the City shall have
requested consent to remove or paint over the ottandinq
graffiti and the Responsible Party shall have refused
consent !or entry on terms acceptable to the City consistent
with the terms of this Section, the City may commence
abatement and coat recovery proossdings for the removal of
the gretiiti pursuant Eo the provisions of Chapter 8.za of
thin Code, which procedures authorise the rsoovery of all
costs incurred by the City in abating greLtiti including the
recordetioh of a lion as to effected property.
"D. Ease of removal provisions.
"1. common utility colors and paint-type.
"Any gas, telephone, wetar, sewer, Cable,
telephone and other utility operating in the City, other
than an electric utility, shall paint their above-eurfeca
metal fixtures which are installed after the effsotiva date
of this Chapter, with a uniform paint typo and color as
directed by the city Manager.
41
q U G- 2 B- 9 S W E D 1 3 2 8 M g R K M q N a'~ g R C Z Y N 8 1C I
P_09 X12
"2. Conditions on encroachment permits.
"Encroachment permits issued by the City may,
among other things, be conditioned on (i) the permittee
applying an anti-graffiti material to the encroaching object
or structure of a type and nature that is acceptable to the
City Manager, or his or her designee; (2) the immediate
removal by the permittee of any graffiti; (J) the right of
the City to remove graffiti or to paint the encroaching
object or structure; (a) the permittee providing City with
sufficient matching paint and/or anti-graffiti material on
demand for use in the painting of the encroaching object or
structure containing graffiti.
"3. Conditions on discretionary approvals.
"In imposing conditions upon conditional use
permits, variances, building permits to tt+s e~t8ent permitted
by this code, or other similar land uas entitlements or
development or design applications, the City may impose
graffiti removal zequirsments or any or all of the following
conditions, or other similar or related conditions:
"a. Use of anti-graftiti material.
Applicant shall apply nn anti-graftiti material of a type
end nature that is acceptable to thn City Manaqsr, or hi• or
her designee, to such of the publicly-vinwabl• surfaces to
be constructed on the site Assured by the City Manager, or
designee, to bs likely to attraot graffiti (`Graffiti
Attracting Surfaces' hersinattsY in this ssotion)t
"b. Rigght of access to remove graftiti.
Applicant shell grant in writing, the right of entry over
and eeees^ to such parcels, upon a8 hours posted notice, by
authorized City employees or agents, for the QQurpoas of
removing or "painting over" graftiti on Gratliti Attracting
Surfaces previously designated by the City Manager, or
designee. Such grant shall ba made an express condition of
approval and shall be deemed to run with the landr
"e. Supply City with graffiti-removal
material. Applicant, antl any anQ all suocessore in
interest, ahail, fora specified period of years attar
approval, provide fns City with sufficient matching paint
and/or anti-gra«fiti material on demand for ue• in tho
painting over or removal of designs fed Gra if iti Attracting
Surfaces;
"d, owner to immedieeeiy~remove graffiti.
Persons applying for eubaiviaion mops shall, as Dart of any
conditions, covanants!and restrictions, covenant, which
covenant shall run wi@h the land, in a form satisfactory to
the City, that the owners oY the lots shall immediately
p U G- Z g_ e 3 W E D 1 1 2 9 M p R K M R N a R R C 2 Y N 5 K I P 0 9~ l Y
remove any graffiti placed on publicly viewable trees and
structures thereon Co City's satisfaction.
"8.24.060 Sewerda.
^A, RewatB Authority.
"l. Pursuant to Section 53069.5 of the California
Government Code, the City reaervae the right to offer a
reward in an amount and ae to such locations as may be set
by resolution of the City council, for information leading
to the arrest and conviction of any parson for violation,
within the City, of California Penal Code Sections 594 or
494.3 by the use of gratf iti, Penal Code Seotions 640,
640.5, 640.6, Or Sections 8.24.090, 8.24.040 or 8.26.050 of
this Chapter. Yn the avant of multiple contributions of
information, the reword amount shall ba divided by the City
in the manner it shall deem appropriate. For the purposes
of this Section, diversion of the violakor to a community
service program, a plea bargain to a leaser offense, or the
sustaining of any juvenile petition Liled pursuant to
California welfare end Institutions Coda Sections 602, et
sag „ shall constitute a conviction.
"2. Claims for rewards under this Ssation shall
be fi19d with the CiCy. Each claim ahalli
^a. Speeiiically identity the date, location
and kind of property danagaa or destroyed.
^b. Ydentify by name the pardon who was
convicted.
"c. Identity the court and the ante upon
which the conviction occurred.
^7. No claim for a reward shall be allowed by the
City Council unless the City inveatigatea and veri[iee the
accuracy of the claim and Aeterminas that the requirements
of this Section have been satisfied, Onoa the claim ie
verified and determinetion is merle, the reward shall be peitl
within the City's ordinary course of business.
"4. The person committing the grattiti-vandalism,
and iP an unemanc ipated minor, then the parent or lawful
guardian of said minor, shall be civilly liable fvr any
reword paid pursuant to this Section pursuant to the
provisions of California Government Code Section 57069.5.
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q U G- 2 3- 9 3 W E D 1 3 3 0 M g R K M q N of g R C 2 Y N S K I P 1 0 i 1 2
"4.24.090 B~DUraement yj cellular phone costs
"The City shall reimburse to any person reporting by
means of a casuist phone an act of graffiti vandalism
presently occurring within the City, the amount of the
actual phone charges, exclusive of taxes, incurred by said
person.
"8.24.300 penaltie• ~ civil liability yj Q~rent•.
"A. Criminal penalties. Any violation of this Chapter
shall be a misdemeanor punishable by either six (6) months
in jell, a 51,000.00 fine, or by such tine and imprisonment,
and by the performance of community service including, but
not limited to, graffiti clean-up, to the maximum extant
permitted by California Penal Code Section 594 and/or any
other provision of law.
"H. Addltionnl penaltiem available.
"Whenever deemed appropriate, it le the Clty~e intent
to petition a eentenaing court io impose the following
additional penalties upon oonviation:
^3. Litter or graffiti cleanup pursuant to
California Vehiol• Code 8eation 42001.7, upon
conviction of violation of California Vehicle
coda sections 23111, 23112 or 23113(6).
^z. 6uapeneion or delay of issuance of a driver's
license puraunnt to Californi6 Vehicls Code
6ection 13202,6 upon n graffiti-vandalism
conviction.
"3. Pertormnncs of community service, including
graffiti removal service by any minor
determined to be a ward of the scurf ae a
result o! committing a vandalism-related
offense in the City of Rancho Cucamonga, as
provided in California welfare enA
Institutions Code Sections 726 end/or 729.6.
"4. Performance of community service, including
graffiti removal servics of up to 100 hours
by any minor determined to be a ward of the
court as a result of committing a drug
related offense in the City of Rancho
Cucamonga, as provided in California Welfare
and Institutions Code Section 729.9.
"c. It is the City'• further Intent that puraunnt to
California Penal Code section 640.6(6), all acts of
R U G- 2~- 9 3 W E D 1 1 3 1 M g R K M q N a"1 g R C 2 Y N S K I P I i ~ i Z
graffiti-vandalism occurring within the City shall be
prosecuted as misdemeanors pursuant to Cal ifoznia Penal Code
Section 594, et seq., or this Chaptaz.
"D. Pursuant to California Civil Coda Section 1714.1,
any parent or legal guardian whose minor child possewee a
grafPlti implement, shall be personally liable for any and
all costs to any person or business incurred in eonneation
with the removal of graffiti caused by said child, or by
said graffiti implement, and for all attorney's tees and
court costs incurred in connection with the civil
prosecution of any claim for damages or reimbursement, up to
$10,000.00."
glgy~~ g. Ciy 1 Ba~Qi~ available.
A violation of any of the provisions of this Ordinance
shall constitute a nuisance and may be abated by the City through
civil process by mesas of restraining order, preliminary or
permanent injunction, or in any other manner provided by law for
the abatement of such nuisance.
~,ipjiyy Z. lt~ any soclSon, eubseotion, patents,
clause, phrase, or portion o! this Ordinanco i^ toz any racoon
daemoA or hold to be invalid or unaonetituiional by the deoleion
of any court of competent jurisdiction, such decio on shell not
affect the validity of the romaininq portion of this Ordinanco.
The City Council of the City of Rancho Cucamonga horoby deolarea
Ghat it would have adopted eh is Ordinance and sash section,
subsection, sentenco, clause, phrase, or portion thereof,
irrespective of the fact that any ohs or more sections,
subsections, oehtenws, clauses, phrases, or other portions might
subsequently be declared invalid or unconstitutional.
teotion ~. Tha Mayor shall sign this Ordinance and the
City clerk shall cause the same to be publlohod within filteen
(15) days otter its passage aC least onto in Sitfl pD,illC HBIZflYG, a
newspaper of general circulation published in the City of
Ontario, Californle, enfl circulated in Che City oL Rancho
Cucamonga, California.
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