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HomeMy WebLinkAbout1994/02/16 - Agenda Packet C TY COUNCm AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m, February 16, 1994 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California 91730 City Councilmembers Dennis L. Stout, Mayor Charles J. Buquet, Mayor Pro Tern WiRiam J. Alexander, Councilmember Rex Gutierrez, Councilmember Diane Williams, Councilmember Jack l_~m~ City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 989-1851 ,~ PAGE ~ City Council Agenda February 16, 1994 1 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on the Tuesday prior to the meeting. The City Clerk's Office receives all such items. 1. Roll Call: Buquet , Alexander , Stout Williams , and Gutierrez B. ANNOUNCEMENTS/PRE~;ENTATI(;)N~ 1. Presentation of Proclamation to Lt. Mike Ingrain for his service to the people of Rancho Cucamonga. C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address )the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval Of Minutes: Januan/19, 1994 February 2, 1994 2. Approval of Warrants, Register Nos. 1/26/94 and 2/2/94; and 1 Payroll ending 1/13/94 and 1/27/94 for the total amount of S6D22,189.63. 3. Approval to receive and file current Investment Schedule as of 7 jj January 31, 1994. i~ PAGE City Council Agenda ! February 16, 1994 2 4. Alcoholic Beverage Application for Off-Sole General for Foocl 4 13 Less #328, Food 4 Less of Cafifornia, Incorporated, southwest corner of Foothill Boulevard and Etiwanda Avenue. 5. Alcoholic Beverage Application for Off-Sale General Off-Sale 15 Beer & Wine for Pay Less Drug Stores, Pay Less Drug Stores Northwest Incorporated, 6401 Haven Avenue. 6. Alcoholic Beverage Application for Off-Sale General Conditional 18 #1 for ArrOw Plaza Market. Suket Daval, Daksha M., Maresh M., Mukesh M., and Nayana H. Patel, 9755 Arrow Highway Units A, B & C. 7. Approval to authorize the advertising of the 'Notice Inviting Bids' Z0 for the Calaveras Avenue Street Improvement Project. Ninth Street to Chaffee Street Alley. to be funded from CDBG Funds, Account No. 28-4333-9331. RESOLUTION NO. 94-CT23 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF I RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CALAVERAS AVENUE STREET IMPROVEMENT PROJECT, NINTH STREET TO CHAFFEE STREET ALLEY," IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TQ RECEIVE BIDS 8. Approval to authorize the advertising of the 'NotiCe Inviting Bids" 26 for the 1993/94 Fiscal Year Street Rehabilitation Program at Various Locations, to be funded from Systems Development, Account No. 22-4637-9313, 22-4637-9311 and Prop. 111 - Gas Tax Account No. 10-4637-9113. RESOLUTION NO. 94-024 28 A RESOLUTION OF THE CITY COUNCIL OF THE CIIY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "1993/94 FISCAL YEAR STREET REHABILITATION PROGRAM AT VARIOUS LOCATIONS IMPROVEMENT PROJECT, WHICH INCLUDES HOT ASPHALT RUBBER OVERLAY, CAPE SEAL AND SLURRY SEAL', IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS i~ PAGE City Council Agenda February 16, 1994 3 9. Approvel to oppropriote S425.327.00 from Deferred Revenue 32 Account No. 22-236 and expend it in Systems Development Fund Account Numbers 22-4637-9206 (S96,109.00) and 22-4637-9205 ($329,21800), for the construction of the Rochester Avenue end Benyen Street Improvement Project located north of Highlend Avenue. 10. Approval of Resolutions euthorizing Issuance of Bonds. approving 33 Form of Bond Indenture, Bond Purchese Agreement end Preliminery Officiel Stetement, end specifying conditions for the prepoyment of specicI taxes for Community Fecilities District 93-3 (FOOthill Marketplace). RESOLUTION NO. 94-025 35 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. AUTHORIZING ISSUANCE OF BONDS, APPROVING FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT AND PRELIMINARY OFFICIAL STATEMENT FOR COMMUNITY FACILITIES DISTRICT 93-3 (FOOTHILL MARKETPLACE) RESOLUTION NO. 94-026 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SPECIFYING CONDITIONS FOR THE PREPAYMENT OF SPECIAL TAXES WITHIN COMMUNITY FACIUTIES DISTRICT 93-3 (FOOTHILL MARKETPLACE) I ~. Approval of the Park and Recreation Commission's 4]. recommendations relating to the Commission Advisory Committees. 12. Approval of a resolution incorporating the Programmer personnel 45 classification and salary benefit and amending the Library Services Budget for Fiscal Year 1993/94. RESOLUTION NO. 93-124B 46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 93-142A TO INCORPORATE PERSONNEL CLASSIFICATIONS AND SALARY AND BENEFITS FOR LIBRARY SERVICES POSITIONS FOR FISCAL YEAR 1993/94 i~ PAGE City Council Agenda February 16, 1994 4 13. Approval to amend the Community Development Block Grant 47 Final Statement of Community Development Objectives and Projected use of funds for the 1993/94 Program Year which will allow the transfer Of S29,40000, originally designated for a contingency account, to the Home Improvement Program. 14. Approval to execute Mills Agreement 93-03 - Robert and Barbara 62 Yellen for the restoration of the Goerlif-z House, a designated local landmark, located at 6156 Heftman. RQncho Cucamonga, CA - APN: 1G52-381-08. 15. Approval to execute Mills Agreement 93-04 - Roy and Mind 63 LaParry for the restoration of the Albert House, a designated local landmark, located at 10323 19th Street, Rancho Cucamonga, CA - APN: 202-201-54. 16. Approval to execute a Release of Real Property Improvement 64 Contract and Lien Agreement releasing 8575 Bella Vista Road. located on the south side of Bella Vista Road, west Of Carnelian Street, submitted by Edward C. and Roxana M. Cordoza. RESOLUTION NO. 94-027 65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM 8575 BELLA VISTA ROAD 17. ApprOval tO execute a Grant of Easement for Storm Drain 67 Purposes from Southern California Edison to the City of Rancho Cucamonga and authorization for the City Engineer to execute the same for a storm drain required of the Adult Spods Park Expanded Parking Lot Project. 18. Approval Of Map, Summary Vacation of excess street right-of- 69 way at the southeast comer of Spruce Avenue and Church Street and Ordering the Annexation to Landscape Maintenance Disfdct Nos. 4 and Street Lighting Maintenance District Nos. 1 and 4 for Parcel Map 14331. located at the northeast corner of Spruce Avenue and Foothill Boulevard, submitted by Lewis Homes. RESOLUTION NO. 94-028 71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 14331 February 16, 1994 5 RESOLUTION NO. 94-029 72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EXCESS STREET RIGHT- OF-WAY AT THE SOUTHEAST CORNER OF SPRUCE AVENUE AND CHURCH STREET RESOLUTION NO. 94-030 76 A RESOLUTION OF THE CITY COUNCJL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. ] AND 4 FOR PARCEL MAP ]433] ]Q. Approval to reject all proposals received for the resurfacing of 79 Trcffic/Bearing Deck/Parking Structure os non-responsive. (Continued from February 2, 1994) 20. Approval to execute o Maintenance Easement Agreement (CO 82 94-012) with Cucamonga County Water District for the maintenance of a water line fo be contained in the Sports Complex Parking Lot Expansion Project. 2]. Approval fo execute an agreement (CO 94-0]3) with claimants 84 associated with Community Facilities District 88-2 regarding the sale of bonds and disbursement of funds. 22. ApprOval to execute a Professional Services Agreement (CO <)4- 86 0]4) with Len Perdue and Associates fo perform appraisal services for Community Facilities District 88-2. Contract amount not to exceed $ ] 0,000.00, to be funded from Account NO. 76-4 ] 306028. 23. Approval to execute a Professional Services Agreement (CO 94- 87 015) with Empire Economics to conduct a Market Absorption Study of Community Facilities District 88-2. Contract not to exceed S5,000.00, to be funded from Account NO. 76-4130-6028. 24. Approval to execute Improvement Agreement, Improvement 88 Security and Monumentorion Cash Deposit for Tract 13703, located on the west side of Haven Avenue, north of Banyan Street, submitted by Sheffield-Alto Lama 55, Ltd., a California Limited Partnership, and release of previously submitted Improvement Agreement, Improvement Security and Monumentorion Cash Deposit accepted by City Council on February 20, 1991, from Kajima Oevelopment Corporation. i~ PAGE I City Council Agenda February 16, 1994 6 RESOLUllON NO. 94-D31 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT. IMPROVEMENT SECURITY. AND MONUMENTATION CASH DEPOSIT FOR TRACT NO. 13703 AND RELEASING THE IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND MONUMENTATION CASH DEPOSIT PREVIOUSLY ACCEPTED BY CITY COUNCIL ON FEBRUARY :20, 1991 25. Approval to execute Improvement Agreement Extension for 92 Tract 13759. located on the west side of Haven Avenue, south of Victoria Street, submit-i'ed by Fu Mai Limited. RESOLUTION NO. 94-D32 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13759 26. Approval to accept Landscape Improvements. Release of 95 Bonds and Notice of Completion for Tract 13351 - Terra Vista Parkway Medians, located on Terra Vista Parkway west of Millikan Avenue. Release: Faithful Performance Bond S 51Z~0.00 Accept: Maintenance Guarantee Bond 5,160.00 RESOLUTION NO. 94-033 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13351 - TERRA VISTA PARKWAY MEDIANS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 27. Approval fo accept Improvements, Release of Bonds and Notice 97 of Completion for Tract 13886/Parcel Map 11394 located on the northwest COrner Of Base Line Road and Etiwanda Avenue. Release: Faithful Performance Bond (Public St.) S485j3130.00 Release: Faithful Performance Bond (Private St.) i~ PAGE February 16, 1994 7 RESOLUTION NO. 94-034 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, ACCEPTING THE MA~N LINE STORM DRAIN PUBLIC IMPROVEMENTS FOR PARCEL MAP 11394/TRACT 13886 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 28. Approval to accept Improvements, Release of Bonds and NotiCe 100 of Completion for Tract 14192-1, located on the east side of HelPman Avenue south of 19th Street. Release: Previously Reduced Faithful Performance Bond $ 75,~0.00 Accept: Maintenance Guarantee Bond 75.<X:]0.00 RESOLUTION NO. 94-035 10]. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, ACCEPTING THE PUBLIC IMPROVE MENTS FOR TRACT 14192-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E. CONSENT ORDINANCE.~ 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. 1. CONSIDERATION TO ESTABLISH A SPEED LIMIT OF 35 MPH ON LARK DRIVE FF, hOM KENYON WAY TO ROCHESTER AVENUE: A SPEED LIMIT OF 45 MPH ON'HAVEN AVENUE FROM WILSON AVENUE TO HILLSIDF ROAD AND SUMMIT AVENUE FROM ETIWANDA AVENUE TO EA~;T ORDINANCE NO. 519 (second reading) 1_02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS .~ PAGE City Council Agenda February 16, 1994 8 F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. No Items Submitted. G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. 1. CONSIDERATION OF AN ORDINANCE TO ESTABLISH A PUBLIC, 107 MUNICIPAL LIBRARY IN AND FOR THE CITY OF RANCHO CUCAMONGA ORDINANCE NO. 520 (first reading) 108 AN ORDINANCE OF THE Cll~ COUNCIL OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA. ESTABUSHING A PUBLIC MUNICIPAL LIBRARY IN AND FOR THE CITY OF RANCHO CUCAMONGA H. CITY MANAGER'S ~;TAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. I. CONSIDERATION OF THE FINANCING PLAN FOR THF 110 REDEVELOPMENT AGENCV'S 1993/94 PAYMENT TO THF EDUCATIONAL REVENUE AUGMENTATION FUND, AS REQUIRED BY THE STATE BUDGET DEFICIT REDUCTION ACT 2. CONSIDERATION OF A POLICY REGARDING GIFTS AND GRATUITIES F R TY 3. CONSIDERATION OF SEI'rLEMENT AGREEMENT {'CO 94-016) ON BOOKING FEES AND ADOPTION OF THE AMENDED LAW 115 ENFORCEMENT CONTRACT (CO 94-017~ WITH SAN BERNARDIN(') COUNTY ) city couno. Agen.a February 16, 1994 9 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 MEETIN~ This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC, This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. L. D RNMENT I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, hereby certify that a true, accurate COpy of the foregoing agenda was posted on February 10, 1994, seventy-two (72) hours prior to the meeting per Government Code 54953 at 10500 Civic Center Drive. January 19, 1994 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Rck, ular Meeting A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 19, 1994, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called ID order at 7:15 p.m. by Mayor Dennis L. Stout Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Rex Gutierrez, Diane Willlares, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopmerit Manager; Olen Jones, St. RDA Analyst; Rick Gomez, Community Development Director; Brad Buller, City Planner; Joe O'Neil, City Engineer; Mike Olivier, St. Civil Engineer; Bill Makshanoff, Building Official; Suzanne Ota, Community Services Manager; Robert Dominguez, Administrative Services Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B 1. Jack Lam, City Manager, stated that Item D9 should be removed from the agenda and that it will come beck to the Council at a later date. B2. Mayor Stout stated he would like D5 placed under Council Business so that it can be discussed. C. COMMUNICATIONS FROM THE PUBLIC C 1. Jackje Bolda, ML Gunnison Court, commented on how the Police and Fire Departments came through her neighborhood during Christmas along with Santa Claus and how wonderful she thought the program was. She also thanked the City Council for the meeting that was held at Caryn School last night regarding policing in their neighborhood. C2. John Cermak, 12505 Bougainvillea Way, stated he has noticed a large increase in crime and felt there was not an increase in police protection. He felt more sworn police personnel was needed. Mayor Stout commented that the City has increased its police protection by over 10% this year. City Council Minutes January 19, 1994 Page 2 Councilmember Buquet stated that the City will get $179,000.00 from Proposition 172. He added Proposition 172 was not set up to do what people were led to think it would do. Councilmember Gutierrez stated he and the rest of the Council are concerned about crime in the City and that they are working on this problem. C3. Debm Robb, 12581 Pitache St., commented that her car was stolen and her home broken into. Councilmember Buquet suggested that she set up a neighborhood watch in her neighborhood. D, CONSENT CALENDAR D I. Approval of Minutes: January 5, 1994 D2. Approval of Warrants, Register Nos. 12/29/93 and 1/5/94; and Payroll ending 12/16/93 for the total amount of $1,882,716.07. D3. Approval to receive and file current Investment Schedule as of December 31, 1993. D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Hellman Avenue at Ninth Su~et Improvement Project, to be funded from Street Rehabilitation, Account No. 09-4637-9304. RESOLUTION NO. 94-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HELLMAN AVENUE AT NINTH STREET IMPROVEMENTS" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS DS. Approval of the Design of the City Seal for the City of Rancho Cucamonga. ITEM MOVED TO COUNCIL BUSINESS. D6. Approval to extend Comcast Cable T.V. franchise. RESOLUTION NO. 91-012-0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCI--IO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOR 90 DAYS LIPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCAMONGA D7. Approval to appropriate and expend $30,000 for the installation of a Touch Pad Lighting Conu'ol System at Red Hill and Heritage Community Parks, to be funded from Account No. 90-4637-9222. D8. Approval of a Resolution allowing the issuance by the Marks Group, Incorporated, of $30 million of equity capital to Institutional Investors. City Council Minutes January 19, 1994 Page 3 RESOLUTION NO. 94-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ISSUANCE BY THE MARKS GROUP, INCORPORATED OF $30 MILLION OF EQUITY CAPITAL TO INSTITUTIONAL INVESTORS P~,..r:~c~. ITEM REMOVED FROM AGENDA. D10. Approval to awm'd and authorization for execution of contract (CO 94-007) for Vinmar Avenue from Ninth Street to Charfee Street Alley Improvement Project to IPS Services, Incorporated, for the amount of $85,897.00 ($78,088.39 plus 10% contingency), to be funded from CDBG Account No. 28-4333-9329. D11. Approval to award and authorization for execution of contract (CO 94-008) for Traffic Signals and Safety Lighting at the intersection of Haven Avenue and Banyan Street to 1PS Services, Incorporated, for the amount of $202,083.00 (S183,712.20 plus 10% contingency), to be funded from TDA Article 8, Account No. 12-4637-9204. DI 2. Approval to renew and execute Facility Use Agreement (CO 93-023) between Charley Community College and the City for Recreational Uses in the amount of $25,000.00 to cover maintenance and operations expenses. D13. Approval to execute Improvement Agreement Extension for Tract 13717, located on the northeast comer of Church Street and Spruce Avenue, submitted by Lewis Homes. RESOLUTION NO. 94-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13717 DI4. Approval to execute Improvement Agreement Extension for Tract 14192-1, located on the east side of Hellman Avenue south of 19th Street, submitted by Hix Development. RESOLUTION NO. 94-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14192-1 D]5. Approval to execute Improvement Agreement Extension for Tracts 14379 and 14380, located on the northwest comer of Etiwanda Avenue and 24th Street, submitted by Watt Homes. RESOLUTION NO. 94-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACTS 14379 AND 14380 City CouncilMinutes January19,1994 Page 4 D16. Approval to accept the Required Street Improvements for Parcel Map 12959-1 which have been completed in an acceptable manner, accept the Maintenance Guarantee Bond in the amount of $134,000.00, authorize the City Engineer to file a Notice of Completion, and authorize the City Clerk to release the Faithful Performance Bond in the amount of $1,340,064.00. RESOLUTION NO. 94-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 12959-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D17. Approval to accept the Required Improvements for the Jersey Boulevard Railroad Crossing which have been completed in an acceptable manner, authorize the City Engineer to file a Notice of Completion, and authorize the City Clerk to release the Faithful Performance Cash Security in the amount of $50,000.00. RESOLUTION NO. 94-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE JERSEY BOULEVARD RAILROAD CROSSING AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK DIS. Approval to release Maintenance Guarantee Bond for Milliken Avenue-Banyan Street Landscaping and Storm Drain Improvements associated with Tracts 13748, 13857 and 13858 located at the southwest comer of Milliken Avenue and Banyan Street. D19. Approval to accept the Milliken Avenue Bike Route and Base Line Road Bike Lane, Phase 1, Contract No. CO 93-029, as Complete, Relain Bond and authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of $17,624.36. RESOLUTION NO. 94-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR M1LLIKEN AVENUE BIKE ROUTE AND BASE LINE ROAD BIKE LANE, PHASE 1, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D20. Approval to accept the Resurfacing of Equestrian Rinks at Heritage Community Park, Contract No. CO 93- 042, as Complete, Retain Bond and authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of $54,543.35. RESOLUTION NO. 94-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR RESURFACING OF EQUESTRIAN RINKS AT HERITAGE COMMUNITY PARK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes January 19, 1994 Page 5 D21. Approval to accept the contract for Asphalt Overlay on Helms Avenue, Lucas Ranch Road, and Santa Anita Avenue, Contract No. CO 93-053, as Complete, Retain Bond and authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of $93,979.40. RESOLUTION NO. 94-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CONTRACT FOR ASPHALT OVERLAY ON HELMS AVENUE, LUCAS RANCH ROAD, AND SANTA ANITA AVENUE, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Alexander, seconded by Gutierrez to approve the staff recommendations in the staft reports contained in the Consent Calendar with the exception of Items D5 and D9. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES No items were submitted. F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION TO ESTABLISH AN UNDERGROUND UTILITY DISTRICT NO. 94-01. ALONG ROCHESTER AVENUE FROM FOOTHILL BOULEVARD TO ARROW ROUTE. USING RULE 20A FUND,q Staff report presented by Mike Olivier, St. Civil Engineer. Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 94-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING UNDERGROUND UTILITY DISTRICT NO. 94-01, ALONG ROCHESTER AVENUE FROM FOOTHILL BOULEVARD TO ARROW ROUTE MOTION: Moved by Buquet, seconded by Willjams to approve Resolution No. 94-016. Motion carried unanimously, 5-0. G. PUBLIC HEARINGS No items were submitted. City Council Minutes January 19, 1994 Page 6 H, CITY MANAGER'S STAFF REPORTS HI. CONSIDERATION TO FORM YOUTH ACCOUNTABILITY BOARD Staff report presented by Jack Lain, City Manager. He continued to introduce Cynthia Fusey, Probation Officer with the County of San Cynthia Fusey presented further explanation on how the program worked and felt it would help the residents of Rancho Cucamonga. Mayor Stout opened the meeting for public input. There being no comments made, public input was closed. Mayor Stout stated he and Councilmember Buquet felt this was a good program and felt it should be tried by Rancho Cucamonga. Councilmember Buquet agreed. Mayor Stout suggested the Public Safety Subcommittee oversee this program. MOTION: Moved by Buquet, seconded by Stout to approve the formation of a Youth Accountability Board. Motion carried unanimously, 5-0. H2. CONSIDERATION TO ADOPT A RESOLUTION TO REGULATE BASIC TIER CABLE RATES AND RELATED EOUIPMENT COSTS AS ALLOWED BY THE CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992 (Continued from October 20, 1993) Staff report presented by Susan Mickey, Management Analyst I. She stated Michael Friedman, the City's cable consultant, was also present to answer any questions. Mayor Stout opened the meeting for public comment. Addressing the City Council were: Bill Marks, Sr., chairman of the Marks Group, stated it would ruin his deal of purchasing Simmons Cable TV if the City regulated cable at this time. He stated they have given the City their word not to raise their rates to the benchmark level. Councilmember Gutierrez asked what the delay was in closing this deal. Mr. Marks stated the financing community questioned his deal and he had to convince them that Rancho Cucamonga was a growing community. He stated that environmental impacts also had to be checked by the bank. He hoped it would close Monday or Tuesday. James Markman, City Attorney, stated the bank knows that the Council can regulate any time and questioned why the bank would make a decision to finance him or not based upon whether the Council approves this Resolution tonight. Mr. Marks asked that the Council not approve the Resolution, and that the bank did not want to close the deal until they knew if the Council would regulate or noL Michael Friedman, City's Cable Consultant, stated it is his recommendation for any City to regulate and felt Rancho Cucamonga should do this. City Council Minutes January 19, 1994 Page 7 Councilmember Gutierrez asked what would happen if this is continued for one more month. Michael Friedman stated on February 15, rate freeze expires and the cable companies can raise their rates at this time. Councilmember Buquet felt if the City Council could have some kind of assurance that the cable companies will not lessen service to the customers, he is not in favor of regulating. RESOLUTION NO. 93-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING PROCEDURES PERMITTING THE REGULATION OF CABLE TELEVISION RATES FOR BASIC SERVICE AND RELATED EQUIPMENT MOTION: Moved by Stout, seconded by Alexander not to regulate. Motion carried unanimously, 5-0. Resolution No. 93-189 not approved. H3. CONSIDERATION TO APPROVE A JOINT EXERCISE OF POWERS AGREEMENT (CO 94-009} WITH THE COUNTY OF SAN BERNARDINO. THE CITIES OF CLAREMONT. FONTANA. LA VERNE. RIALTO, SAN BERNARDINQ AND UPLAND FOR THE ADMINISTRATION OF A CONSOLIDATED PROGRAM OF DESIGN AND MAINTENANCE OF THE ROUTE 30 FREEWAY CORRIDOR BETWEEN LA VERNE AND SAN BERNARDINO Staff report presented by Brad Buller, City Planner. RESOLUTION NO. 94-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE JOINT EXERCISE OF POWERS AGREEMENT FOR THE ADMINISTRATION OF A CONSOLIDATED PROGRAM OF DESIGN AND MAINTENANCE OF THE ROUTE 30 FREEWAY CORRIDOR BETWEEN LA VERNE AND SAN BERNARDINO MOTION: Moved by Williams, seconded by Buquet to approve Resolution No. 94-017. Motion carried unanimously, 5-0. I. COUNCIL BUSINESS II. REOUEST BY RANCHO CUCAMONGA OUAKES BASEBALL CLUB TO PRESENT PLANS FOR EXPANSION OF STADIUM (Continued from December 15, 1993) Staff report presented by Rick Gomez, Community Development Director. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: John LeCompte, Quakes Baseball Club, informed the Council about the discussion that took place at the last meeting with the main topic of discussion being the cross aisle. City CouncilMinutes January19,1994 Page 8 Councilmember Gutierrez asked how much money would be lost if the cross aisle was not put in. Hank Stickhey, Quakes Baseball Club, stated about $50,000.00 per year would be lost if the cross aisle modification is not installed. Councilmember Alexander stated he went to the stadium and felt the cross aisle should remain as is. He felt it was extremely important to have it. Mayor Stout stated he did not think the cross aisle modification should be approvod. He stated the City does not have enough parking for more than 6,500 seat holders anyway. He silted he is not in favor of removing the cross aisle. Councilmember Gutierrez silted he would go along with modifying the cross aisle if everyone wanted to do that. Councilmember Willjams stated she still felt the cross aisle should remain as is. Mayor Stout felt the City should get a letter from Major League Baseball to say if the additional seats can be added down in the front around home plate. He did not want the stadium to be called substandard. Terry Miller, Architect, stated the Council would not get a letter telling them it is okay, but that the City should tell them this is what we are doing and to let us know if they have any objections. James Markman, City Attomey, stated in the original lease the City had a condition that the team obtain approval, and that if there is an expansion agreement, it wilt have the same condition. Hank Stickhey, Quakes Baseball Club, stated that if the three rows are not put in front, you cannot move the dugouts forward and you really have no expansion behind home plate. He silted that would be a net decrease behind home plate. He stated if Major League Baseball has a problem with it, they will move home plate if they have to. The Council voted as follows on the following issues: Cross aisle to be left as is - approved 3-2 (Buquet, Gutierrez voted no) Bleacher expansion - approved 5-0 Other modifications (includes dugout and additional three rows) - approved 4-1 (Stout voted no) Tower building on third base side was not decided at this meeting. I2. CONSIDERATION OF THE DESIGN OF THE CITY SEAL FOR THE CITY OF RANCHO CUCAMONGA Mayor Stout felt it was time for the City to get a seal and that he and Councilmember Williams worked on this matter. He continued to explain what the seal represents. He silted after receiving comments from the public after it was printed in the newspaper, it was suggested that citrus be incorporated into the design. Councilmember Williams stated the seal was meant to show what the City was then and is now. She continued to explain what the design of the seal represents. Councilmember Alexander felt this should be held off for approval until the public can give their input as to the design. City Council Minutes January 19, 1994 Page 9 Councilmember Buquet stated this has been worked on for a long time and he felt the Council should move forward and determine any changes that need m be made. Councilmember Gutierrez stated he would like to hear what the people say. Mayor Stout opened the meeting for public comments. Addressing the Council were: Larry Smith stated he felt a Route 66 sign should be included in the design. Bob Lundy stated they are committed to Route 66. He reported on the hand out that was distributed regarding Route 66 being made part of the seal. He felt what the City develops and what Route 66 uses should be compatible. He felt Heritage from the east portion of the City should also be incorporated into the seal. Councilmember Buquet felt signs could be developed to route people to his business rather than redo the seal to advertise for them. Mayor Stout stated he did not think the seal should be something to help people find Mr. Lundy's business. Harry Ledig, former citrus grower of Rancho Cucamonga, suggested that possibly the three communities should be identified on the seal somehow. Mayor Stout thanked Mrs. Ledig for her comments made by telephone today and felt it was a good idea, Mrs. Ledig stated she did not agree with the palm trees and felt they should be citrus trees instead. Don Showalter, 7508 Cerrito Rojo, stated he was unhappy when there was no citrus on the seal, but that now he is satisfied with the design. There being no further input, public comments were closed. RESOLUTION NO. 94-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN OFFICIAL CITY SEAL AND CITY MOTTO MOTION: Moved by Stout, seconded by Buquet to approve Resolution No. 94-018 and the design of the seal as resubmitted. Motion carried 4-1 (Alexander voted no). .l. IDENTIFICATION OF ITEM~ FOR NEXT MEETING J 1. Councilmember Willjams felt the Library should be named at the next meeting. J2. James Markman, City Attorney, stated the Council may want to put an item on the agenda, prior to April 1, to get informed about the new Brown Act requirements. Mayor Stout asked Jack Lain to put this on the agenda at the appropriate time. City Council Minutes January 19, 1994 Page 10 J3. Mayor Stout felt the signal timing should be discussed to see if they can work better. Councilmember Buquet stated he agreed and felt because of the way they are timed now, it causes people to drive unsafely to get through an intersection. K. COMMUNICATIONS FROM THE PUBLIC KI. Mike Dubbs, 6869 Vetado, requested that Route 30 be on the agenda on a monthly basis so that the public can give their input on this. He asked that staff on a bi-monthly basis, through notification, place this on the agenda so the public can come to the meeting and get updated and hear what is going on and give input. K2. Wendy Vallette, 11116 Amarillo, stated the public would like to give input on the Route 30 design. She stated A.C.T.I.V.E. Bulletin is active again and that the City can use this if they wish to. Mayor Stout suggested Jack Lam come back with a recommendation as to how to deal with those suggestions made by the public. He stated he felt some of the suggestions were good and he agreed with them. Councilmember Buquet stated this project is a long way from starting. Mayor Stout stated he would still like a timeframe on this projecL Councilmember Buquet stated he understands, but stated it is a long way off. Mayor Stout stated he would like a report as to where things are with this project. Wendy Vallette stated the residents would like to be involved and give their input. RN MOTION: Moved by Willjams, seconded by Buquet to adjourn to Executive Session to discuss personnel matters and property negotiations regarding the Stadium expansion with Valley Baseball. Motion can-led unanimously, 5-0. The meeting adjourned at 9:56 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: February 2, 1994 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, February 2, 1994, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:06 p.m. by Mayor Dennis L. StouL Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Rex Gutierrez, Diane Willlares, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry B. Fulwood, Deputy City Manager; Linda D. Daniels, Redevelopment Manager; Paul Rougeau, Traffic Engineer; Suzanne Oha, Community Services Manager; Robert Dominguez, Administrative Services Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst It; Susan Mickey, Management Analyst I; Jan Sutton, Deputy City Clerk; Donna Kendrena, Secretary, Shirr'l Griffin, Records Clerk; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga Police Deparunent; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/pRESENTATION~ B1. Presentation of Proclamation to Brandon Smith congratulating him on his Gold Medal in an International Olympic Art Contest. Mayor Stout presented the proclamation to Brandon Smith. C. COMMUNICATIONS FROM THE PUBLIC C 1. Martin Jackson, 8607 Comet Street, stated he does not feel he can live in his house any longer because he is continually being burglarized. He asked if the Council can help him resolve this problem. Mayor Stout suggested Mr. Jackson meet with Duane Baker who could help him with his situation. D. CONSENT CALENDAR DI. Approval of Warrants, Register Nos. 1/12/94 and 1/19/94; and Payroll ending 12/30/93 for the total amount of $4,971,946.51. City CouncilMinutes February2, 1994 Page 2 D2. Approval of Personnel Rules and Regulations. ITEM REMOVED FOR DISCUSSION BY MAYOR STOUT. D3. Approval to expend not more than $4,500.00 of Asset Seizure Expenditure Funds for Camera Equipment. D4. Approval to award and authorization for execution of contract (CO 9~· ~'D'D~9 94-011) for resuffacing of Traffic Bearing Deck/Parking Structure Improvement Project, located at 10500 Civic Center Drive, to be funded from RDA Account No. 17-15000. ITEM PULLED FOR DISCUSSION. D5. Approval to award and authorization to execute contract (CO 94-010) for Sapphire Street Storm Drain and Street Improvement, Banyan Street to Moon Court; Carnelian Street Ramps for disabled persons, Base Line Road to Nineteenth Street; and Base Line Road Improvements, east of Victoria Park Lane, to Kershaw Construction Company, Incorporated, for the amount of $77,851.00 ($70,744.00 plus 10% contingency), to be funded from Proposition 111 Account No. 10-4637-9307 ($57,688.00); TDA Article 3 Account No. 16-4637-9106 ($11,880.00) and Gas Tax Account No. 09-4637-9302 (S8,283.00). P^,,rtr:.c~. ITEM REMOVED FROM AGENDA. D7. Approval to accept Improvements, Reduction of Bonds and Extension of Improvement Agreement for Tract 12671-1 thru -4, located on the northwest coraer of Milliken Avenue and Mountain View Drive. RESOLUTION NO. 94-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING CERTAIN IMPROVEMENTS WITHIN TRACT 12671-1 THRU .4 WHICH INCLUDE THE INTERIOR TRACT STREETS, SIDEWALK AND PARKWAY IMPROVEMENTS AND THE LANDSCAPING; THE REDUCTION OF THE PERFORMANCE BOND FOR THE INCOMPLETE IMPROVEMENTS, WHICH INCLUDE MOUNTAIN VIEW DRIVE, TO AN AMOUNT EQUAL TO 10% OF THE ORIGINAL AMOUNTS; THE APPROVAL OF AN EXTENSION TO THE IMPROVEMENT AGREEMENT FOR A TIME PERIOD OF TWO YEARS FROM THE DATE OF THIS APPROVAL D8. Approval to accept Improvements, Reduction of Bonds and Extension of Improvement Agreement for Tract 13303, located on the southeast coraer of Tetra Vista Parkway and Mountain View Drive. RESOLUTION NO. 94-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING CERTAIN IMPROVEMENTS WITHIN TRACT 13303 WHICH INCLUDE THE INTERIOR TRACT STREETS, SIDEWALK AND PARKWAY IMPROVEMENTS, STORM DRAIN AND THE LANDSCAPING; THE REDUCTION OF THE PERFORMANCE BOND FOR THE INCOMPLETE IMPROVEMENTS, WHICH INCLUDE TERRA VISTA PARKWAY AND MOUNTAIN VIEW DRIVE, TO AN AMOUNT EQUAL TO 10% OF THE ORIGINAL AMOUNTS; THE APPROVAL OF AN EXTENSION TO THE IMPROVEMENT AGREEMENT FOR A TIME PERIOD OF TWO YEARS FROM THE DATE OF THIS APPROVAL City Council M~nutes February 2, 1994 Page 3 D9. Approval to accept the Improvements, release of Bonds and Notice of Completion ,for the Terra Vista Parkway Medians located on Tetra Vista Parkway between Mountain View Drive and the East Greenway Corridor. Release: Faithful Performance Bond $ 116,000.00 Accept: Maintenance Guarantee Bond 11,600.00 RESOLUTION NO. 94-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMI~NTS FOR THE TERRA VISTA PARKWAY MEDIANS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Alexander, seconded by Gutierrez to approve the staff recommendations in the staff repor~ contained in the Consent Calendar with the exception of hems D2, D4, and D6. Motion carried unanimously, 5-0. DISCUSSION OF ITEM D2. Approval of Personnel Rules and Regulations. Mayor Stout felt there needed to be a Code of Conduct along with personnel rules and regulations. Robert Dominguez, Administrative Services Director, stated he could write a policy on conduct also. James Markman, City Attorney, stated this should not be in personnel rules, and should be a separate policy. Robert Dominguez, Administrative Services Director, stated this could come back at the next meeting. Mayor Stout felt this policy should apply to City and Fire District employees. MOTION: Moved by Willjams, seconded by Buquet to approve Item D2. Motion carried unanimously, 5-0. DISCUSSION OF ITEM D4. Approval to award and authorization for execution of contract (CO ?~ ee? 94-011) for resurfacing of Traffic Bearing Deck/Parking Structure Improvement Project, located at 10500 Civic Center Drive, to be funded from RDA Account No. 17-15000. MOTION~ Moved by Gutierrez, seconded by Willjams to continue the Item D4 to February 16, 1994. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES No items were submitted. City CouncilMinutes February2, 1994 Page 4 F, ADVERTISED PUBLIC HEARINGS FI. CONSIDERATION OF UPDATING THE ClTY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL PURSUANT TO THE PROVISIONS OF THE POLITICAL REFORM ACT OF 1974. CALIFORNIA GOVERNMENT CODE SECTION 81000. ET SEO Staff report presented by Debra J. Adams, City Clerk. Mayor Stout opened the meeting for public heating. There being no response, the public hearing was closed. RESOLUTION NO. 80-049D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL MOTION: Moved by Buquet, seconded by Willjams to approve Resolution No. 80-049D. Motion carried unanimously, 5-0. G. PUBLIC HEARINGS G1. CONSIDERATION TO ESTABLISH A SPEED LIMIT OF 35 MPH ON LARK DRIVE FROM KENYON WAY TO ROCHESTER AVENUE: A SPEED LIMIT OF 45 MPH ON HAVEN AVENUE FROM WILSON AVENUE TO HILLSIDE ROAD AND SUMMIT AVENUE FROM ETIWANDA AVENUE TO EAST AVENUE Staff report presented by Paul Rougeau, Traffic Engineer. Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Debm J. Adams, City Clerk, read to the title of Ordinance No. 519. ORDINANCE NO. 519 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS MOTION: Moved by Buquet, seconded by Alexander to waive full reading and set second reading for February 16, 1994. Motion carried unanimously, 5-0. G2. CONSIDERATION OF A RESOLUTION DECLARING THE PUBLIC NEED AND NECESSITY FOR A PORTION OF REAL PROPERTY OWNED BY MR. CHARLES BRADFORD DOWNEY. APN 0229-021-54. IN ORDER TO COMPLETE REOUIRED STREET AND STORM DRAIN IMPROVEMENTS IN CONNECTION WITH THE EXPANSION OF THE SPORTS COMPLEX Staff report presented by Linda D. Daniels, Redevelopmerit Manager. Mayor Stout opened the meeting for public heating. There being no response, the public hearing was closed. City Council Minutes February 2, 1994 Page 5 RESOLUTION NO. 94-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ASSESSORS PARCEL NO. 0229-021-54, FOR THE INSTALLATION OF STREET AND STORM DRAIN IMPROVEMENTS MOTION: Moved by Buquet, seconded by Williams to approve Resolution No. 94-021. Motion carried unanimously, 5-0. H. CITY MANAGER'S STAFF REPORTS No items were submitted. I. COUNCIL BUSINESS II. DISCUSSION TO SELECT NAME FOR THE INTERIM CITY LIBRARY BUILDING AND THE CITY LIBRARY SY~;TEM Staff report presented by Susan Mickey, Management Analyst I. Mayor Stout suggested it read: "Rancho Cucamonga Public Library Interim Building" Councilmember Williams stated she was not sure the word '~Interim" should be on the building. Councilmember Buquet agreed with Councilmember Willjams but felt possibly "interim facility" could be done in small letters underneath the name of the library. Councilmember Willjams stated she did not want people to think this is interim service. Mayor Stout stated he preferred Option I of the staff report for the name. Councilmember Buquet stated he liked Option 5. Councilmember Alexander stated he did not like the word "interim" on the building. Councilmember Gutierrez felt Rancho Cucamonga Public Library System was appropriate and felt the building could be called an "interim facility" in small letters. ACTION: The System would be called "Rancho Cucamonga Public Library "and the Building would be called "Rancho Cucamonga Public Library" with the words "interim building" underneath the name in smaller letters. City Council Minutes February 2, 1994 Page 6 I2. DISCUSSION ON THE SYNCHRONIZATION OF TRAFFIC SIGNALS Slaff report presented by Rick Gomez, Community Development Director. Mayor Stout stated he would like to be involved in this even if the Public Works Subcommittee is working on it. ACTION: Report received and filed. I3. BRIEFING BY THE CITY A'I'FORNEY ON CHANGES TO THE BROWN ACT Staff report presented by James Markman, City Attorney. Councilmember Alexander asked if this could be challenged. James Markman, City Attorney, stated no. Councilmember Alexander felt this should stop and felt the public should get behind stopping this. He inquired if the State follows the same rules for all of their meetings. James Markman, City Attorney, stated no. Mayor Stout felt there should be some rules established for videotaping which the Brown Act now allows for. ACTION: Report received and filed. .!. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. I~, COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. RN MOTION: Moved by Willjams, seconded by Alexander to adjourn to Executive Session to discuss personnel matters. Motion carried unanimously, 5-0. The meeting adjourned at 8:02 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: CiTY ·F RANCHD CUCANGNGA LiST QF NANRAW FOR PERIOD: OI-2A [93/E43 $8 CHECRA OVERLAP 2600 8ANCNQ CUCANQNGA FIRE DISTRICT PLAN CkECK SERVZCES 830928 lelOO,000.OO ((( 13093 - 83271 128 RANCNQ CUCA RE·EVELQPNENT AGENCY REIMBURSE GRANT FUNDS 832728 2~ASi~OOO.OO ((( 83273 - 83~63 I A L A EQUIPMENT RENTALS CORe iNC. VEH ZCLE MAINTENANCE/SUPPLIES 8 83~64 Z~863.Dl 3859 A.8.1./V.I.P. ATTQINEV IIEVICI PROFESSIONAL SEDVZCES 8 E3865 ASA.iO i A.C.E. OFFICE SUPPLIES OFFICE SUPPLIES 8 E3866 3785 ACTION ART RECREATION SUPPLIES 83467 835.06 4078 ACTION PAINTING Nil NTENANCE REPAI·S/SUPPLIeS G3~6· ~Q69 ALL WEATHER ROOFING RENA·ZLZTATZQN PROGRAM B ·3469 i~139.2 O 166 ALPHA 8ETA RECREATION SUPPLIES 83470 ?YTB ASSOCIATED DIESEL DE·VICE ·USINESS LICENSE ·EFUND SSATt 9.00 Z6 ASSOCZATEO ENGINEE·S P·OFESSIONAL SERVICES ISATZ IS.DO 2616 AUTO PARTS CONPANTe SNC VEHICLe MAINTENANCE SUPPLIES 13473 il).12 406l ·ARCO PRODUCTS OFFiCe SUPPLZES 83476 71.52 33 BASELIME TRUE VALUE HA·DWADe MAINTENANCE SUPPLieS I 1347S ill.93 3227 BAYLESS STATIONERS QFFZCE SUPPLIES I 83876 3IA.TI ISiT BERRY, WANCA ·EZN· PQ· PLAYSCHOOL SUPPLIES laiTY V.16 IDBI BQLIN HAIR1. & JANITQIIAL, JOHN JANITQBIAL DE·VICES I 13671 1980 8RALCQ RETALS BUSINESS LICENSE ·EFUNO 13479 IQ.80 3193 8RUNICA,, ALVA·E2 A EATTERS·T ·GORING FEES I 136EO ~eO.AT IDlY C.O.O.A. REGION 3 ZVDA 0.8.8.E. FLEETING 13481 IAO.OO 931 CALCQNP INC. MQMTNLV SEIVICE · I)~BZ 302.00 1918 CALZPQDNiA CORNUNITY FOUNDATION STEPS TO SUCCESS e34e3 zo.oo 1311 CASK N CLEAVE· eNPLQTEE QF THE MONTH CENT. eSAI6 lZO.OO 3622 CHARIER OF CONNiECE NEMIERSHiP PIES/MONTHLY NTiS 834e3 200.00 ((( 99486 - 13416 Z362 CON SIR COMPleTe IUC. SERVICI/·EPAZRS · 13491 A!It COMPETITIVE e·GE CYCLEBY EQUIPMENT ·EPAI· I 13~8 6061 CQNPETIQL MANUFACTURING, iNC. MAINTENANCE SUPPLIES I 13489 179.00 126 CQRPUTERVISIQN C·IPO·ATIOW MONTHLY MAINTENANCE SE·VICE 13690 1096 COOK/ARTHUR INC., BUSINESS PROD. OFFICe SUPPLIES 838Vl 3SO.OQ ITS3 COPYCAT iNC. MAGAZINES 13492 16.95 Ttl6 CORDIN FLOORS BUSINESS LICENSE REFUND 03493 B.Ol 7tli CPSRPC STATE PA·K/NeCKEATION NTG. I 136VA TBO.OO iZiO DEER CREEK CAR MASH VEHICLE MAINTENANCE/SUPPLIES 83495 ieSTS.O0 At03 DEPARTMENT OP JUSTICE PINGERPNINTS 83496 3eZOO.OO lOT DETCO OFFICE SUPPLIES I 83497 79.7A IT6 OIEtI TOEING VEHICLE TOUING 1369E A?.SQ 3AID ELITE TOWING TONING SERVICE 83419 TO.O0 lO!6 ESPOSITO, CHDIST~NA REINBe PLAYSCHOOL SUPPLdES ·3500 6.58 7113 EXCHANGE, 1HE ·USZNESSN LICENSE REFUMO I)SO! ZZ.O6 IS3 FEDERAL EXPRESS COBP OELIVEIY SERVICE 1350Z I2.30 3982 FIRST ZRFDESSZONS NAt NTEHANCe SUPPLIES 13503 3VOZ FOOTHILLS PSYCHOLOGICAL ASSOCIATES P·OFESSIONAL SERVICES iS SO6 IZO.OO 4126 GENERAL SEATING CORPORATION MAINTENANCE SUPPLIES lSSOS 2IA.OO BIll GKN ·ENTALS EQUIPRENT RENTAL 83506 IlO.O0 12~S iONSALVES g $QNm JOE A. LEGISLATIVe SERVICES 83907 Z,iOO.OO &OlD GRANT, RITA INSTRUCTOR PHI ' ""~:~/ laBOR 250.00 TDIZ GREAT COVERUPB THE eUSINESS LICENSE REPUNO 13309 326.50 TAR GREAT WESTERN SAVINGS OEFERDeO CONP ·3510 5e519.00 ((( 13311 - 13SlI CZTY OF RANCHQ CUCARONGA LZST OF 9ARRANTS F~R PERZOO~ OA-Z6-t& CITT OF RANCUD CUCA 06 0 E ZOOz 01-26- 93/ ) RUN OATE~ 01/21/94 PAGE: ¥ENOOR NAME ITEM DESCEZPTION HANR NO NARRo ANT. SO CHECKS OVERLAP 3975 RIVERSIDE PIPELINE ANO LAIRO CONSTR ALTA LOMA STORM ORAIN · 93563 15,086.55 ~iZZ ROSEHEAD OIL PRODUCTSt INCo MAINTENANCE SUPPLIES e 83564 16 NOTART CORPORATION MAINTENANCE SUPPLIES a)565 IISZ S C E S A MEMBERSHIP DUES S 83366 60.00 915 SAFETT KLEIN CQNP MAINT SUPPLIES 83567 6ZO.6T ZIA SAN BEEN CO SOLED HA ST! FIGMENT NON THLV SENVZCE l) 568 5,SOS.IT 300 SAN BERNAEOINO COUNTY NEtfiB PANKZNG CITATIONS 03569 SOZ.O0 303 SAN ·ERNANOINO COUNTY ENGZNEENING OFPZCE SUPPLIES aSSTO S.·9 591 SAN OERNANOINO CQUNTT CAL-IO PROGRAM S)5TI 535 SENFLEe JUOV INSTEUCTOR PAYMENT 93572 261.00 2666 SIEGEL OISPLAY PRODUCTS SIGNS g lIST3 195o24 i831 SIMON NEST COAST INC, MAINTENANCE SUPPLIES 835T4 5BIBLE 8331 SIMPLEX TIME RICOROBE COo BUSINESS LICENSE REFUNDS 83575 2760 SKILL PATHs INC, SEMINAR ESST6 llO.OQ 1SiT SHIRT & FINAL OAT CAMP SUPPLIES I)STT 94°96 ((( RIOTS - E35TO 3IE SO CALIP EOISON CO, NONTMLT ELECTRIC ·ZLLINGS O 83519 319 SO CALIP GAS COo MOOVOLT GAS BILLS O 13580 514.11 ((( 13511 - 835~9 ))) IAIZ SOUTHBEN CALIFORNia EDISON NONTHLV ELECTRIC BILLS O 83590 90746°64 397 SOUTHERN OATA SYSTEMS NQNTHLT COMPUTER CONTRACT E3591 515.00 150 SPECIALIT TTPEURETER SERVICE TYPEMOlTEN SERVICE 93592 39.00 4125 SPENCEE A ASSOCIATES REHA8 PRO·NAN 83593 35.00 83TI SIOUTe ROe RETIREHINT CONNITTEE RETIREHINT DINNER 13394 40.00 4072 SUVEBKRUP LUNOEO CO. MAINTENANCE SUPPLIES O 13595 l,SZI.I8 2344 TARGET TOUTH PROGRAM S OAT CAMP $UPPL 13596 62°48 936 TARGET SPECIALTT PRQQUCTS NKINT SUPPLIES O O359T IZe26OoT6 lISt TECHNIC OFFICE SUPPLIES lIStl ZASoOO 8379 TiLE TRENDS BUSINESS LICENSE REFUNDS 13599 30.60 lie6 TORN A COUNTRY HOTEL LEAGUE OF CA CITIES NTG 83600 TT.OO iIJO TR/-CITV ACQUITICEs INC OUSINESS LICENSE REFUNDS /IdOl 61.50 ((( 33602 - E5662 667 VISA VISA MONTHLY BILLINGS O 03603 789.94 1103 VISTA PAINT NAINT SUPPLIES · E3'~04 940.15 ATO MARRIM i CORe CARL LIABILITY CLAIMS J 13605 211oZO 213 HA XIEe KLEin-LiNE CQRP NAINT SUPPLIES g 93606 458.AO 1361 UESTEON CITY MAGAZINE NENSPAPEO AO 0360T 342°00 TSE HITS RECItEACTION SUPPLIES 83608 13°25 lIEl NQNDER ONESO CQMTZNENTAL BAKING CO BUSINESS LICENSE REFUNDS 83609 6.00 509 XEROX CORPORATION COPY MACHINE SUPPLIES/SeEVZCE O 83610 SZBoT4 839Z TALE CHASE MATERIALS HAN·LINGt iNC. BUSINESS LICENSE REFUNDS B3611 9393 TOUNGS MAINTENANCE SUPPLIES e)6tZ 21.43 371 ZEE MEDICAL SERVICE RECREATION SUPPLIES O E3613 341.33 348 ZIP MANUFACTURING CONPANT VEHICLE NAINT SUPPLIES 13614 $$ TOTAL CIIY OF RANCHO rUCANQNGA · N RUN OATE: 02/O2/VA PAGE: 1 ITEM DESCRIPTION MAIn NO MARR. ANT. · e CHECAA OVERLAP 454 S C C C A NEETIME ISZ3QO SO'DO- ((( 13231 - 13AS5 7983 lena ANNA MONTHLY NEEfine e3496e 12.00 36ZI CHAMBER OF COMMERCE MEMBERSHIP FEES/MONTHLY NTGS 83497~ 60°09 903 OALOT VIEN PUBLIC/PRIVATE COALITION CLOUT flEETING e345E~ ((( 93459 - 83515 IT60 SKILL PATH, INCe SEMINAR INSTEe 1S6.00- ((( 93577 - 6SEll DGZ A T & T MONTHLY TELEPHONE BILLINGS E3619 0°|6 T ARLETNONICS MAINTENANCE SUPPLIES R36ZO Z5.54 I135 ALIGNMENT I Re,Ale SPECIALISTS VEHICLE MAINTENANCE O36EI 146.66 II6T ALL-C ITIES PENCE COMPINY MAX NTENANCE EEPAIeS e)6Z2 2,850°00 2693 ANTECH RELIABLE ELEVATOR CO. NQMTHLV SERVICE E36Z) 4137 ARENA, ALMA ENYERTAINNENT SENIOR EVENT 83624 60.00 2616 AUTO PARTS COMPlETe INC VEHICLE NAINTEOANCE SUPPLIES J B36ZS 2Z6o22 3227 RIVLESS STATIONERS OFFICE SUPPLIES e e36~6 56.68 2067 BERNE1 S CO, lNC,e MATINEe OFFICE SUPPLIES ISIS/ ¢T.41 1390 OHATAT, EtAMILL RECREATION REFUND 83628 31o00 ISSe DIG A AUTO PARTS VEHICLE MAINTENANCE g 93623 43°¢6 I247 ELAeE PAPER COo, INC. RECREATION SUPPLIES 83630 63.20 E33Q OORAL RESOURCES, [NC, OAINTENANCE SUPPLIES e363I 6I°42 ¢0Z7 CAB [ SONS ROOFING, INCef J. PeOGRESS PAYMENT E3632 3E42 CAL MEETElM TERMITE PEST CONTROL MOMTHLT POST CONTROL SEN VICE 93633 135.00 ENOS CANOE PACIFIC CORPORATION MAINTENANCE/VEHICLE SUPPLIES 03634 365.13 ¢1I CARE AMERICA HEALTH PLAN NEOICAL PREMIUM 83635 7989 CIREILLOw RICHAID REZNOUISe FOR MOll TOOTS 83636 ¢I29 CASTLE PORILE HONE SPECIALIST REHABILITATION PROGRAM 83637 h63EoO0 68 CENTIlL CITIES SIGN SRRVZCE MAINTENANCE SUPPLIES I 1363e 3Ii.46 7991 CHOI, MARIANNE RECREATION REFUND J 83639 E7oSO 73 CITRUS ROTORS ONTARIO, INC° VEHICLE MAINTENANCE/SUPPLIES e IsGio S6o¢A T¢ CIYT RENTALS IQUSPNENT RENTAL/SUPPLIES 836¢I 3i5o56 799Z COLLINS, LYNOIE RECREATION REFUND 13642 27°50 2¢10 COLTON TIUCK SUPPLY VEHICLI RAZNTENAKE SUPPLIES 93663 SIBYl IeTi COMPLETE BUSINESS SYSTEOS MAINTENANCE AGREEMENT e 13e44 61Z.Sl 7393 CONPTOM, ROBERT OR ALLERe BETTY RECREATION REFUND 83645 46°50 1994 CONCEITRASTER SYSTEMS IHC, BUSINESS LICENSE REPONO 83646 37°00 ESO CORONA CLAY COMPANY MAINTENANCE SUPPLIES 13647 2OIl COUNTRY ESTATE PENCE CQ°B ZNC, MAINTENANCE SUPPLIES/REPlieS e 13648 643.S1 ((( 83649 - 83655 85 CUCANONGA CO MATER DIRT MONTHLY MATER IXLLINGS I E3656 El,eO4e89 4073 DAVIES CONSTRUCTION, ENC°, OAVIO A, PROFESSIONAL SERVICES 13iS/ ITSBOO 7335 OENGt CMU YEN RECREATION REFUND 83658 SI.SO SIS EASTNINe ZNC OFFICE SUPPLIES I 13699 6|5°83 7996 ELIAS eROS CONSTRUCTION REFUNO PERMIT DEPOSIT IS660 hOOO.O0 IZS FIRST AMERICAN TITLE INS° COo PROPERTY PROFILE e3s&I zs.oo 24IS FOOTHILL SELF STORAGE STORAGE UNIT RENTAL I 93662 IeiSOoO0 2090 FIR SERVICESJ INto ANNUAL MAINTENANCE 83663 IwSOOeO0 I082 FRANKLIN QUEST CO, .. OFFICE SUPPLIES 83664 22,79 436 FULNOOO, JERRY e° CASH ADVANCE NTG IN SAN OilGO 83663 ZOOBOO 7678 6oF,O°A, CAPR REVIEU FEE E3666 280.00 7998 COPMETe CAROL RECREATION REPUNO 83667 30o00 ,. CZlY UP KARLFlU LUCAMUNbA LIST OF VARRANTS FQ1 PeRZQDZ 02-02-06 (93/043 RUN QATe~ 02/02/96 PAGe: 2 VENDOR NANE ITEH OESCRXPTeON MARK NO MARK. ANT. $e CMeCKV OVERLAP 49Z GRAVES AUTONOTZVE SUPPLY faiNTCHANCE SUPPLIES I 13668 TT.BQ TIT GTE CALiFORNia HQNTHLV TeLePHONe BILLINGS E 11660 3,152oi8 OS8 HIDGINS, NARTX C E S A NeeTINGS 81610 250.00 lIB HQLLZOAV ROCK COo, [NO. HAeNTEAANCe SUPPLIES I 8161] 12119 HOPLOVe BReUOA KeCReAIION REFUNO 83672 65.00 iG! FLOUT LUNAER CODa Sofio NAINTERANCe SUFPLeeS 81671 491 NVOAO-SCAPE PRODUCTS, IHC LANDSCAPE NAINTENANCe SUPPLIES I 11614 138.15 2111 I C H A NaNAIRSHIP DUeS 13613 S/.SQ A082 IRON BUSineSS SISTENS fAINT,fARCe ON COPIER 11616 46 INDUSTRIAL ASPHALT NAZNTeNANCO SUPPLIES e 81611 12120 INLAND LANDSCAPE HAIRY,fARCE, inca RUSEHESS LICENSe REFUND 81671 65°60 ]21iZ INTeRNAT,ORAL MINOQU CORP, OUSIUESS LICENSe REFUND 13619 16.00 612 JARSCUM, INCo, CoS. VEHICLe HAZNTENANCe f 81610 4,066.90 ITg KAISER FOUNDATION HEALTH PLAN MEOeCAL INSURANCe 1161i ]2i8 KNOX HAZNTEXANCB SUPPLIES I 13682 10o25 ]024 KOCH NATERZALS CQHPANT NAINTENANCE SUPPLeOS 11681 139 LAH~ JACK LEAGUe HEETZNG 81684 SO.O0 SiT LANDSCAPe ReST LANDSCAPE HAINTeNANCE 81613 250.61 1201 LAM PRiNTiNG CO., inC. HAINTEkANCE SUPPLIES I 81686 ]91 LeAGUe QP CALifORNIA CITIES ANNUAL OUES 81681 979 LINES HONES REFUND OF OeVELOPMENT Fees 81681 ],OOOoOQ IZBZZ LLOYOS EQUZPNENT OVeAPAVNENT ON PERHZT 83619 9.00 200 LOS ANGELES TINES SUBSCRIPTION 81600 lO,YZ 4]39 LUOOZNEe PAUL MAINTENANCe 8369] OOoeO i062 N C i TeLeCONMUNZCATIOUS TELEPHONE SEeURGES I 11602 310.64 ]23]T NAOOLE A ASSOC. SHOe BUSINESS LeCENSO AEFUNO 11691 51.00 6004 FISMHOLE AOJUSTeNG CONTRACTORS PROGRESS ESTZKATe 11694 9,391.94 16 NARKHANsARCZYNSRIeHANSON, L KING PROFESSIONAL SERveORS I 1369S 4,15]o09 lZSle MAZZULLA GlAOXNG COo, KiRK Je BUSINESS LICENSE REFUND 13696 2O.O ]2323 nC CORHeCRw NANCY IECREATeON REPUNO 13697 !1o00 4032 MEANS CO., 1oSo MAINTENANCE SUPPLieS I lBJtR 211.95 749 HIJAC ALARM CORPSFlY ALA RH SeRVICeS I 83699 i~AG8.OO lOZO MOUNTAin VTEU GLASS & NIRAOA HAZNTBNANCE SUPPLIES I 11100 136o13 lZBl2 HOUSSAOI, KEYIN RECREATION REFUND 83101 IT.SO 12110 NULLEH, GLINT BUSINESS LICENSE REFUND ABTO2 ZOoO0 122A N R P A - NORTHEAST SERVICE CENTER NRPA MEETING AEGISTRATION I 81103 400.00 22A8 NAPS AUTO PARTS veHIcLe MAINTENANCe I 81104 74.46 31i6 NAT,ORAL LeAGUe OF CZTZES REGZSTRAT]ON I 83/03 510o00 33Z6 NAT,ORAL LeAGUe OF CITZES ReGZSTIATION 81106 3637 NATIONAL UNIFORM SeRViCe UNIFORN SERViCeS I lB/Ql sITeS6 3613 NATZONUIOE NOBELI HONE REHABo PROGRin 13/01 343.Z0 3601 NATIONRIDE NOBZLE HONE REMABo PRODNAN 83/00 A!4.EO 3693 NATIONNIOE HOBELI HONE AEHAA. PBOGIAH 831Z0 1,086.00 4139 HEMSMEEK SUBSCRIPTION lilts 21.91 563 OSTERBAUeR CONPRESSOR SeRViCe NAeNTeNANCE SUPPLieS 131IZ 108oT0 IZ316 OiL ROCK PRODUCTS CO. IUSIUESS LICENSe REFUND 83711 tZolO 6003 PACIFIC COAST CARL,NOw INCo CABLe TESTING 131i4 elEoSO 1826 PACTEL CELLULAR CELLULAR P~ONE BILLINGS I 83115 769.01 8826 PACTEL CELLULAR CELLULAR PHONe BiLLiNGS I 811t6 16Yet0 tOT9 PHOTO HOUSE OF CALEPORNIA PHOTO SUPPLieS I lilly 683.26 3IX PIGONE PLUNBZNG CORPORATION PLUMBING KEPAZR & SUPPLIES I 83T18 ]25o34 COPY The ~ ~,by a~ ~ 3. ~(S) ~ ~H~G~S) Fff J ~. Per T~ S 127~.~ h to Prm 1~.~ , ~ I ~ CUC~ · ~ C~ CI ~ O~ ~1 Bl~., .ha EE~ Ate. JAN 0 Ci~ ~ ~p C~ 917~ C~n~ ~cho cuc~on~a~ S~ B~n~no t~t.,.,,.,., ..... rOr~ ~0.~ 21 .., 13. STATE OF CALIF~NIA Coun~ d ~verside ~ ~ F~SS o~ C~orn~ Inc.' . ,~,~:~ ;,:~_,___~,_ ................................·..: .. :... 15. STATE OF CALIFORNIA C~ ~ ~Terslde h. 1/5/~ ,/ o Not Wie ~ T~ L~i F~ ~ ~ Q .............................................. co~Es ~m __JZ~I_~ .............. FOOD 4 LESS SWC Foothill Blvd. and Etiwanda Avenue APN 229-031-28 Currently Zoned: Regional Related Co~ercial, Foothill Specific Plan, Subarea 4 FOOD 4 LESS ..... NORTH Co~unity Co~ercial ~:' South: Municipal Water District Transmission Facility, Industrial Specific Plan, Subarea 8, General Industrial East: Single Family Residential, Etiwanda Specific P1 an, Low Residential West: Retail Buildings Under Construction, Foothill Specific Plan, Subarea 4 FOOth)ll ace Regional Related Co~ercial; 1-15 Devore Fwy Foomm Boulevi~d & Eli~nd~ Avenue sass L07/94 A.aehedl Ill liecorded [] Fiduclae? [] ................................................... COPIES ~II. ED ~ 1/25/94 [] Renewal: Fee of .......... ..Paid at ............................. Of~ce o, ................. Ilece;pt NO.. .................... RXVERSZDE DISTRICT OFFICE AS OF JANUARTqgs 1996 20 2&9316 ACT 07 ]3Z3 07130190 930701 PAY LESS DRUG STORES NORTHWEST "1 I ZO 219133 ACT 07 3311 09/19/88 930701 7 PAY LESS ORUG STORES NORTHWEST ;L' PERRIB CA 9Z571 (, {!~f~O 196704 ACT 07 361S 01115187 930701 PAT LESS OIUG STOI~I IIOR~HWEST .{ 20 225958 ACT 07 36De 01/17/89 930701 7 pay LESS DRUG STORES NORTHWEST ,r REOLANOS CA 92374 ~E C E ]VEDSAN 8ERNARDXNO CA 92&07 jAN 2 4 T994 ~{co~o}ac Beverage Control ~iversiOe 16 LEMON AVENUE Pay Less Drug Stores 6401 Haven Avenue Rancho Cucamonga, CA 91730 LUCKY MARKET A business within the Haven Village Shopping Center NEC Haven/Highland PAY LESS l DRUG UNOCAL STORE GAS STATION HIGHLAND AVENUE Property Currently Zoned: Neighborhood Con~nercial Zoning of Adjacent Properties: North: Low Residential South: Low Residential East: Medium High Residential West: Office Professional/Low Medium Residential and Neighborhood Conmnercial sasse 02/08/94 COPY~--- ..... ._. ~**..,..-.,.,._..._ ..... o...o.,. AP~TIOI4 HI ALCO~ ~lU61 ~IN~(S) T, TYPE(S) OF LICENSE(S) FILE ~. : I'A~v ~resh H. lcr/Fer 1'::~. $1,2;~,~ 2 s. t~. o~ ~..~nu~ .~ ~ JAN 2 ? 1~4 ' 9755 Arrw T~,, A, D ~ C ~"~"~e:~2'l 2 3 t3. STATE OF CAUF~N~ Cou.~ of .~lYcr~d~ ........................ ~n,,,.]/~,/_:~ .............. - : APPLICATION BY nANikk~l'a~ n. 15. STATE OF CALIFORNIA C~n~ ~--~[~w~ ....................... b ..... )-~ ............. ".-  t:ondftto~] ~1 T' [] ................................................... COMES MAltED ,.ll~.r;t2~,J ................................ :: [] le~,vol: Fe~ of ........... Paid M ............................. n~,,ee st ................. .Receipt No ....................... t ARROW HIGHWAY .-j,L 4 --' -, r~ '_--J'r ',.'-r-i~-.,- _ > Ja'dk c~ i n the L-: [;~' ~ Box :: Fast :"'~'. tl I ,...,,. =: Food ' .... < 2 ARROW .-I---'r' · ~. - '- PLAZA Retai 1/M~di cal/etF . Y' MARKET '-' I ~ I , ARROW MARKET 9755 Arrow Hwy., A, B & C Rancho Cucamonga, CA 91730 Property Currently Zoned: General Commercial Zoning of Adjacent Properties: North: Medium Residential South: Low Residential, CBI~WD Offices East: Low Residential West: Industrial Specific Plan, Subarea 3, General Industrial ~asse O~XO,~Xg;t'9 CITY OF RANCHO CUCAMONGA STAFF REPORT :' DATE: February 16, 1994 '- TO: Mayor and Members of the City Council *~' Jack Lam, AICP, City Hanager FROM: William J. O'Neil, City Engineer BY: Linda Beek, Jr. Engineer-~L~ SUBJECT: AUTHORIZE ll~E ADVERTISING OF ll~E "NOTICE INVITING BIDS" FOR ll~E CAJ. AVERA,S AVENUE STREET IMPROVEMENT PR~ECT, NINTH SLEET TO CHAFFEE Sll~EET ALLEY, TO BE FUNDED FRON CDBG FUNDS, ACCOUNT NO. 28-4333-9331 REC01EIIDATI01t: It is recommended that City Council approve plans and specifications for the Calaveras Avenue Street Improvement Project, Ninth Street to Chaffee Street Alley, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BAX;KGROUND/ANAJ. YSIS The subject project plans and specifications have been condoleted by staff and approved by the City Engineer· The Engtneer's estimate for construction is $80,127.00. Legal advertising is scheduled for February 25 and March 4, ig94, with the bid opening at 2:00 ) on Tuesday, April 5, 1994. Respectfully ~ City Engineer WjO:LB:sd Attachment RESOLUTION NO. ~:~/"/- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "CALAVERAS AVENUE STREET IMPROVEMENT PROJECT, NINTH STREET TO CHAFFEE STREET ALLEY", 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 Cucamenga. 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 "Calaveras Avenue Street Improvement Project, Ninth Street to Charfee Street Alley". 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 speci ftcati ons, which said advertisement shal 1 be substa nti ally i n the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS' This project is 100% federally financed by the U.S. Department of Housing and Urban Development (24 CFR, Part 57) and subject to certain requirements including payment of Federal prevailing wages, compliance with "Section 3' Affireative Action Requirements, Executive Order #11246 and others. The aforenentioned are described in the "Special Federal Provisions" Section of the bid documents. Additional information pertaining to the Federal requirements is on file with the City of Rancho Cucamenga's Coamaunity Development Department. Pursuant to a Resolution of the Council of the City of Raecho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 P.M. on APRIL 6, 1994, sealed bids or proposals for the "CALAVERAS AVEIlJE STREET IMPROVEMENT PROJECT FROM NINTH STREET TO "CHAFFEE STREET~ ALLEY" in said City. A prebid meeting is scheduled for 2:00 P.M. I1JESDAY, MARCH'29, 1994, at 10500 Civic Center Drive, Engineering Division. This meeting is to inform DBEs of subcontracting and material supply opportunities. Bidder°s attendance at this meeting is a prerequisite for denmnstrating reasonable effort to obtain OBE participation. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California. 21 Bids nist be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of CAI. AVERA.S AVENUE STREET IMPROVEMENT PR(~JECT FROM NINTH 51REET TO "CHAirFEE STREET" ALLEY." MINI~4UM WAX)E RATE: Notice is hereby given that this project is funded with U.S. Departnent of Housing and Urban Development funds and that the rate of wages for each craft or type of workman or mechanic e~loyed under this contract shall be not less than as specified under the U.S. Department of Labor General Wage Decision in the locality in which the work is to be performed as modified within ten (10) days prior to the bid opening date as required under the Davis-Bacon Act. Notwithstanding the conditions hereinabove, the California Labor Code stipulates that not less than the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute the contract in the locality in which the work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as determined by the Director of Industrial Relations of the State of California shall be paid to all workmen employed. Where a discrepancy exists between the federal and state prevailing wage rates, the policy of the California Department of Labor is to require that the higher of the two prevailing wage rates shall apply. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamenga, not mere than fifty dollars ($50.00) for each laborer, workman, or mechanic ~ployed 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 provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the e~loynent of apprentices by the Contractor or any subcontractor under him, Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenttcable 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 Journe~nmen in such cases shall not be less than one to five except: A. When un~mploy~ent in the area of coverage by the Joint apprenticeship conmtttee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the n~er 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 ~ership through apprenticeship training on an annual basis statewide or locally, or O. When the Contractor provtdes evidence that he employs registered apprentices on all of hfs contracts on an annual average of not less than one apprentice to etght journeymen. The Contractor ts required to make contrlbutlons to funds established for the administration of apprenticeship programs If he employs registered apprentices or Journeymen tn any apprenticable trade on such contracts and tf other Contractors on the publlc works s~te are maklng such contrfbuttons. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and I777.6 tn the employment of apprentices. Information relattve to apprenticeship standards, wage schedules, and other requirements may be obtatned from the DIrector of Industrial relations, ex-offlcto the Administrator of Apprenticeship, San Francisco, California, or from the Dfvtston of apprenticeship Standards and Its branch offlces. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed fn the execution of thts 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 wlth working hours as set forth In Division 2, Part 7, Chapter I, Arttcle 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the ctty of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechantc employed in the execution of the contract, by him or any subcontractor under him, upon any of the work heretnbefore mentioned, for each calendar day during which said laborer, workman, or mechanic ~s requtred or permitted to labor mere than etght (8) hours tn v~olation of satd 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 app]tcable collective bargaining agreement f11od fn accordance wtth Labor Code Sectton 17773.8. The bidder must submit with hts proposal, cash, cashter's check, certified check, or btdder's bond, payable to the City of Rancho Cucamenga for an areaunt equa] to at least ten percent (104 of the areaunt of satd bid as a guarantee that the bidder will enter Into the proposed contract tf the same Is awarded to htl, and tn event of failure to enter into such contract satd cash, cashler's check, certified check, or bond shall become the property of the City of Rancho Cucamenga. If the Ctty of Rancho Cucamenga awards the contract to the next lo,est bidder, the amount of the loest btdder's security shall be applied by the City of Rancho Cucamonga to the difference between the lo~ bid and the second lowest bid, and the surplus, if any shall be returned to the loest bidder. BONDS: The amount of the bond to be gtven to secure a faithful performance of the contract for sa~d work shall be one hundred percent (lOOt) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (1005) of the contract price for sald work shall be gtven to secure the payment of claims for any materials or suppltes furnished for the performnce of the work contracted to be done by the Contractor, or any work or labor of any k~nd done thereon, and the Contractor wtll 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 ~nto between him and the sa~d City of Rancho Cucamonga for the con- struct~on of said work. AFFIPJqATIVE ACTION: The C~ty of Rancho Cucamonga hereby notifies all b~dders that ~t w~]l affirmatively enxure that in any contract entered into pursuant to th~s advertisement, minoriV business enterprise w11] be afforded full opportunity to submit bids in response to this ~nvltatlon and wtll not be dhcrimfnated against on the grounds of race, color, sex, or national origin, in consideration for thw award. No proposal will be considered from a Contractor to whom a proposal form has not been tssued by the City of Rancho Cucamonga. Contractor shall possess any and all contractors licenses, tn form and class as required by any and all applicable laws with respect to any and all of the work to be performed under thh contract; ~ncluding but not limited to a Class "A" License (Generel Engineering Contractor) In accordance w~th the provtslons of the Contractor's License Law (Callforn~a Business and Professions Code, Section 7000 et. seq.) and rules and regulatlon adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code", Section 702B.15, shall Indicate hts or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declarlng, under penalty of perjury, that the information being provided Is true and correct. The work is to be done tn accordance with the profiles, plans, and specfficat~ons of the City of Rancho Cucamenga on file ~n the Office of the CIty Clerk at 10500 Ctvtc Center Drtve, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, w111 be furnished upon application to the Ctty of Rancho Cucamenga and payment of $35.00 (THIRTY FIVE), satd $35.00 (THIRTY FIVE) ls nonrefundable. Upon wrttten request by the bldder, coptes of the plans and specifications wtll be matled when satd request is accompanied by payment stipulated above, together wtth an additional nonreimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of matltng charges and overhead. The successful bidder wtll be required to enter tnto a contract satisfactory to the City of Rancho Cucamonga. In accordance wtth the requirements of Sectton 9-3.2 of the General Provisions, as set forth tn the Plans and Speclftcattons 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, substltute authorized securities tn 11eu of monles wtthheld (performance retention). The Ctty of Rancho Cucamenga, California, reserves the rtg~qt to reject any or all bids. 24 By order of the Council of the City of Rancho Cucamonga, Caiifornia. Dated this 16th day of February 1994. PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 16th day of February 1994. Nayor ATTEST: City Clerk ADVERTISE ON: February 25 and March 4, 1994 CITY OFRANCH0 CUCAMONGA STAFF REPORT TO: ~ayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Wtl~iam J. O'Netl, City Engineer BY: Llnda Beek, Jr. Engineer SUBJECT: AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE 1993/94 FY STREET REHABILITATION PROOPJU~ AT VARIOUS LOCATIONS, TO BE FUNDED FROM SYSTEMS DEVELOPMENT, ACCOUNT NO. 22-4637-9313, 22-4637-9311 AND PROP. 111 - C~AS T~ ACCOUNT NO. 10-4637-9113 ~C(M(NDATIO~: It is recommended that City Council approve plans and specifications for the 1993/94 FY Street Rehabilitation Program at various locations which includes hot asphal t rubber overlay, cape seal and slurry seal, and approve the attached resol ution 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 estin~te for construction is $773,205.00. Legal advertising is scheduled for February 22, 1994 and March 8, 1994, with the bid opening at 2:00 p.m. on Tuesday, March 22, 1994. The various Locations are as loll ows: Pavement Overla.y 1. Carnelian Street from Base Line Road to 19th Street Cape Seal 1. Valle Vista Drive from Alta Cuesta to Rod Hill Country Club Drive. 2. ~tonte Vista Street from ~thyst Street to Archibald Avenue. 3. Banyan Street from Camel tan Street to west of Hellman Avenue. 4. Agate Street from Roberds Street to La Vine Street. 5. Garnet Street from Roberds Street to La Vine Street. 6. ~ancho Street from Carnelian Street to east end terminus. CITY COUNCIL STAFF REPORT 1993/94 FY STREET REHABILITATION February 16, 1994 Page 2 SlurrySeal 1. Victoria Park Lane from Base Line Road to Day Creek Channel. 2. Various local residential streets generally 1 ocated north of Base Line Road and west of Beryl Street. Respectfully su~n!tted, William a. O'Nei-T' City Engineer WjO:LB:ly Attachment RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCAI40NGA APPROVING PLANS AND SPECIFICATIONS FOR THE "].993/94 F'Y STREET REHABILITATION PROGRAN AT VARIOLIS LOCATIONS IMPROVEt4ENT PRO,.1ECT, WHICH INCLUDES HOT ASPt'IALT RUBBER OVERLAY, CAPE SEAL ANO SLURRY SEAL", SAID CITY AND AUTHORIZING AND DIRECTING THE '~ITY 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 "1993/94 FY Street Rehabilitation Program at various locations Improvement Project, which includes hot asphalt rubber overlay, cape seal and slurry seal". 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 ADVERTISING FOR BIDS FOR 1993/1994 FY STREET REHABILITATION PROGPJ~M, VARIOUS LOCATIONS INCLUDES NOT ASPHALT RUBBER OVERLAY, CAPE SEAL AND SLURRY SEAL Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Rancho Cucamenga 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 PM, on llJESDAY, MARCH 22, 1994, sealed bids or proposals for the "1993/1994 FY SlliEET RE~ABILITATION PRORR/M, VARIOUS LOCATIORS; INCLUDES NOT ASPHALT RUBBER OVERLAY, CAPE SEAL AND SLURRY SEAL" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamenga, California, marked, 'Bid for Construction of 1993/1994 FY STREET REHABILITATION PROraiUMq, VARIOUS LOCATIORS; INCLUDES NOT ASPHALT RUBBER OVERLAY, CAPE SEAL AND S~URRY SEAL" PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California 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 of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not mere than fifty dollars ($SO.O0) for each laborer, workman, or mechanic e~loyed 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 provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.S and 1777.6 of the Labor Code concerning the e~lo~n~ent of apprentices by the Contractor or any subcontractor under him. Section 1777.S, as amended, requires the Contractor or subcontractor e~loying tradesmen in any apprenticable occupation to apply to the Joint apprenticeship conmittee 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 perfo,t~ance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When une~lo~nnent in the area of coverage by the Joint apprenticeship com- mittee has exceeded an average of lS percent in the ~ days prior to the request of certificate, or B. 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 D. When the Contractor provides evidence that he employs registered apprentices on all ol' his contracts on an annual average of not less than one apprentice to eight JourneJ~en. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he e~loys 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 c~ly with the requirements of Sections 1777.B and 1777.6 in the e~lo~n~ent 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, workmen, 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 most submit with his proposal, cash, cashter'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, cashter'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 claim 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 Cucamonga. 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) in accordance with the provisions of the Contractor's License Law (California Business and Profes- sions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code", Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga and payment of $35.00 (THIRTY FIVE), 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 wtll be required to enter into a contract satisfactory to the City of Rancho Cucamenga. 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 Cucamenga, California, reserves the right to reject any or all bids. By order of the Counctl of the City of Rancho Cucamenga, California. Dated this 16TH OAY OF FEBRUARY, 1994. Publish DaMs:FEBRUARY 22, 1994 AND MARCH 8, 1994 Mayor ATTEST: City Clerk ADVERTISE ON: February 22, 1994 and March 8, 1994 L CITY OF RANCHO CUCAMONGA :~ . ~' - '>-~ STAFF REPORT DATE: February 15, 1994 ~. :..~,- TO: Mayor and Members of the CIty Council Jack Lam, AICP, CIty Manager FROM: Wllq ~am J. O'Ne~l, C~ty Engineer BY MIchael D. Long, Supervfslng Pub11c Works Inspector SUBJECT: APPROVAL TO APPROPRIATE $425,327 FROM DEFERRED REVENUE ACCOUNT NO. 22-236 AND EXPEND IT IN SYSTEMS DEVELOPMENT FUND ACCOUNT NUMBERS 22-4637-9206 ($96,109) AND 22-4637-9205 ($329,2181, FOR THE CONSTRUCTION OF THE ROCHESTER AVENUE AND BANYAN STREET IMPROVEMENT PROJECT LOCATED NORTH OF HIGHLAND AVENUE. REC{]R[NDATION It ~s reco~nended that the City Coundl approve the appropriation of $425,327 from Deferred Revenue Account 14o. 22-236 to expend In Systems Development Fund Account Nos, 22-4637-9206 ($96,109) and 22-4637-9205 ($329,218} for the construction of the Rochester Avenue and Banyan Street Improvement Project 1 ocated north of High1 and Avenue. BACXGROUND/ANALYSIS The funds ~n De~:erred Revenue Account No. 22-236 were deposited by the Marlborough Corporation on March 11, 1988 for the construction of off-site Improvements as per the Conditions of Approval for Tract 12643 and Parcel Map 9192. These funds are now betng expended to construct the required off-s~te f mp rov eme n ts, Respectfully submitted,. t4111 ~am J, ~ C~ty Engineer WjO:MDL:dlw CITY OF RANCHO CUCAMONGA ,.~ STAFF REPORT DATE: February 16, 1994 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: CONSIDERATION OF RESOLUTIONS R~I ATING TO THE SALE OF BONDS FOR COMMUNITY FACILITIES DISTRICT 93-3 (FOOTHILL MARKETPLACE) Recommendation: It is recommended that the City Council adopt the attached resolutions. The first resolution will authorize the issuance of bonds, approve the forms of the Bond Indenture, Bond Purchase Agreement and Preliminary Official Statement. Also presented for your consideration is a resolution that specifies the conditions for the prepayment of taxes within Community Facilities District (CFD) 93-3. These actions are consistent with prior action of the City Council, specifically the resolution establishing and forming the District (#93- 227) and the resolution declaring the necessity to incur bonded indebtedness (#93-228) adopted on December 1, 1993. Background: The Community Facilities District consists of 13 parcels covering approximately 31.93 acres as shown on the attached map. The District has been formed to provide funds to acquire public improvements that are to be completed in the District. Bonds are being sold to provide the funds necessary to acquire the public improvements, which are detailed in the Engineer's Report for the District. The first resolution before the City Council will approve all formal terms and conditions relating to the sale of bonds through the approval of the Bond Indenture, and authorizes execution of the Bond Purchase Agreement on behalf of the City. The second resolution before the City Council authorizes the prepayment of the Special Tax obligation for parcels within the CFD and establishes the formula for computing the amount of such prepayment. This District was established by a vote of all of the affected property owners. It is, therefore, recommended that the City Council adopt the attached resolutions and proceed with the sale of bonds to acquire the improvements constructed in this District. Duane A. Baker Assistant to the City Manager BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 93-3 APPROVING FORMS OF ~ INDENTU~, BOND AGREEMENT AND PRELMINARY OFFICIAL 8~ATra~T C0r~JNIT[ FACILITIES DISTRICT NO. 93-3 (FOOTHIIL WHERF~S, ~he CITY COUNCIL of ~ ~ (F belr~ Crm~ar 2.5, Psr~ 1, Dlvisi~l 2, TlV/e 5 Of ~e (hv%z~srd: ~ of ~e StaEe of ~a~t...,~a (~tm '~") said 'C~mi r~h all forum1 ~erms ~ om~t/xrs zs/r,.ln9 ~o ~, ~, h ~ ~il of ~ ~ of end e..-'y i, nble in ~ .~ ~ 'r..he ~ isstanue lgg4. ~ dsy o~ _ TIES DISTRICT NO. 93-3 (FOO~EU.L MI%RKETf~a~) WI{EI~AS, the C~'n ~' of ~ ~a= ~ ~ ~, ~~y ~f~. OOMXOWZ,Z,y/&QZLZTZII DZI'~IZe'Z, ~. t3-3 (Y~SZ~ ~ ~1) Or ~ QZ~ OY ~0 ~~ ~C~T:O~ O~ ~k~ 01 BIBC~ ~ OB~ZGATZO~ ~e owner of 1arid located wi~iA Co~it~ Facilities Dis~ri~ No. 93-3 (Foo~ill Marke~ Place) (~e "Dls~ic~,) of ~e City of ]'~2~ =~2~=· ~: "~p"~ '"~ '~.~ ~o ~. ~.~ o~ ~. Y P P Y P~enently satisfy ~e 8pe~ial Tax 'geeion applicable ~o su~ land ~ paying ~o ~e ~easurer of ~: ~a~rJr.;~.~.~ ~-~--~.~. ~,..~-...~.~.~ -. .- o, .~. (a) ~e amo~ of any ~eZin~ent Special T~es previously levi~ on such 1~, t~e~er with ~ ~nalties an~ interes~ ~eon ac~u~ =o ~e ~a=e o~ ptepa~t; (b) The propor~ionate share of ~e outstanding ~nds of ~e Dis=ric~ ello~le =o such land calculated as =ellswe: (1) Divide the maxim~ Special Tax which me~ b levied ~nuelly on such lend by ~e aggregate maximum Special Tax which ~ be levied a~ually on all land within ~e District; (a) Multiply ~e ~o~i~ ~e~lne~ ~ursu~t to (1) a~ve times ~ ~ e~el ~ ~e =o~al outstanding bonds Of ~e Dil~:iC~; ~ allowance for ~e r~p~ion pr~l~, uelculet~ ~ mul~iplying ~e red~p=i~n preml~ ~rc~age rimes ~e propo~i~na~e shars ~ ~e ou=s~anding ~nds of ~e Dis=ric~ silocable =o such land calcula=~ p~su~= =o (b) a~ve; (d) A fee, fixed by ~e District, for ~e cos~ of ~inistering ~e prspa~en= and ~e advanus reception ~f ~e ~nds of ~e Dls~lu= as e resul~ of such ~epa~t; (e) In~es~ acc~ed to ~e r~ption ~te o~ ~e ~nds oZ ~e District ~o be redsad ~rom ~e proceeds ~ ~e prepa~t; (t) A credl~ ~or ~e resets ~und, it any, established ~or ~e bonds oZ ~he Dis~r~ct, such credit ~o ~ c=l~la~ed by nult~plyinq the quotient de~e~ined pursuan~ to (b) (~) above ~mes ~he amount on deposit in ~e resets tund on ~ne date oZ prepe~en~; and a credi~ for special Taxes levied ror e~%ac~van= fiscal year, pcs~sd to ~Ae ~ax roll ~nd 117 paid and received by ~ha Dts~rtc~, CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 16, 1994 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Manager BY: Paula Pachon, Management Analyst II SUBJECT: APPROVAL OF THE PARK AND RECREATION COMMISSION'S RECOMMENDATION RELATING TO THE COMMISSION'S ADVISORY COMMITTEES RECOMMENDATION TO approve the recommendations of the Park and Recreation Commission relating to the Commission's Advisory Committees. BACKGROUND At the January 20, 1994 Park and Recreation Commission meeting, the Commission reviewed the primary focus, accomplishments and difficulties faced of the Bilingual, Seniors and Sports Advisory Committees. Outlined below is information reviewed by the Commission for each subcommittee. BILINGUAL ADVISORY COMMI'~-rmE Primary Focus o Primary agenda item at meetings where quorum was met was "planning for annual Cinco de Mayo Celebration." Accomplishments over Past Two Years o Held successful community-wide special event for Cinco de Mayo utilizing Old Town Park. o Committee has expressed strong interest in planning for Cinco de Mayo again this year. Many who resigned have also expressed a willingness to help out even though they cannot serve on the Committee. CITY COUNCIL MEETING PARK AND RECREATION COMMISSION'S ADVISORY COMMITTEES February 16, 1994 Page 2 Difficulties Faced o Has met only four times in the last year-and-a-half. Last six regularly-scheduled meetings of the committee were cancelled by the Commission due to lack of pressing business. o During the last year-and-a-half, four of the eight committee members have resigned due to personal and business commitments. Staff Recommendations o commission to consider restructuring the committee to serve on an ad hoc basis to provide support for the City's Cinco de Mayo celebration; to assist the Commission as needed on items related to Community Services Department classes, activities, services and events and to increase involvement of non-English speaking residents of our City in our programs. o Recommend Commission and staff to solicit an ad hoc committee. Staff can contact individuals who have participated and expressed interest in the past. o Commission to restructure the mission statement for the committee to reflect its ad hoc basis. o Commission to select two commissioners (1 regular, 1 alternate) to serve on the ad hoc committee. SENIOR ADVISORY COMMI'~-r~E Primary Focus o Evaluate and provide recommendations to the Park and Recreation Commission on Community Services Department classes, activities, services and events involving the senior citizen residents of our City. Accomplishments over Past Two Years o During August of 1992 a survey soliciting information from seniors on senior activities and services (social services, marketing, senior education/senior safety, day trips and excursions, and programs, hand crafts and other activities) was distributed at the Rancho Cucamonga Neighborhood Center. Once data from the survey was tabulated, the Committee reviewed the results of the survey and developed subcommittees for further research on items identified through the survey. The subcommittees have recently completed their research and recommendations are being developed for consideration by the Park and Recreation Commission. CITY COUNCIL MEETING PARK AND RECREATION COMMISSION'S ADVISORY COMMITTEES February 16, 1994 Page 3 Difficulties Faced o With the exception of holiday months (November and December) the committee has met consistently for the past two years with the majority of the members present. o Committee membership has remained fairly consistent. Since April of 1992, only two members have resigned (one resigned due to conflict of meeting date/time with work schedule; one resigned due to health problems). Staff Recommendatiom~ o Commission to authorize staff to advertise to refill positions vacated by resignations. o Commission to select two commissioners (1 regular and 1 alternate) to serve on committee. SPORTS ADVISORY COMMITTEE Primary Focus o Field Allocation - Biannual o Revision to Allocation Process o Items directed by Commission Accomplishments over Past Two Years o Use Fee Review o Light Fee Review o Sports Field Master Plan 0 Sports Field Allocation Manual Difficulties Faced o Quorum - many times only in-season organizations attend. Currently each organization has a representative appointed to S.A.C. However, only one of the four at- large representatives attends regularly. Recommend either: o Adjust quorum o Reduce or delete at-large representatives by having two commissioners serve as the at-large representatives. 0 Other o Issues - Currently there are no outstanding issues for S.A.C. CITY COUNCIL MEETING PARK AND RECREATION COMMISSION'S ADVISORY COMMITTEES February 16, 1994 Page 4 Staff Recommendations o Meet only for allocations unless otherwise directed by Commission o Other Based upon the information reviewed and discussed by the Park and Recreation Commission, the following recommendations were developed by the Park and Recreation Commission and are being forwarded to City Council for approval: Bilincn/al Advisory Comm~tte~ o Restructure the committee to serve on an ad hoc basis to provide support for the City's Cinco de Mayo celebration and as directed by the Commission. Senior Advisory Committee o No changes in the structure or meeting schedule recommended. o Authorized staff to advertise to refill positions vacated by resignations. o Appointed two commissioners to serve on the committee. SDOrtS AdvisOry Committee o Reduce the number of at-large representatives on the committee from four to two. o Meet only for field allocations unless otherwise directed by the Commission. o Maintain ~uorum of 50% of the membership present. Respectfully submitted~ Comz~a ervices Manager SO/kls CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 16, 1994 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Suzanne 0ta, Community Services Manager SUBJECT: APPROVAL OF A RESOLUTION INCORPORATING PERSONNEL CLASSIFICATION FOR PROGRAMMER AND AMENDING THE LIBRARY SERVICES BUDGET FOR FY 1993/94 RECOMMENDATION Staff recommends that the City Council approve a resolution incorporating the Programmer classification for library services for fiscal year 1993/94. It is also recommended that the FY 1993/94 Library Services budget be amended by appropriating $8,160 to cover personnel costs for the Programmer position. ANALYSIS The Programmer classification is required to assist with the development of the computer automation system for the new Rancho Cucamonga Library. Library service personnel must be included in City personnel classifications. These classifications have been established consistent with the existing classification system procedures. It is recommended that this resolution be adopted for the Programmer classification. FISCAL IMPACT The recommended budget appropriation for the Programmer position is $8,160 which covers a ten-week period in FY 1993/94. The Progrsmmer will be required to attend Dynix training for the library automation system and thereafter assist with the development of the City Library automation system. It is recommended that the City advance this appropriation from anticipated FY 1994/95 Library Services revenues by utilizing the Reserve Fund. Respectfully submitted, /~ ~o~lces ~e ' ' Manager SO/kls Attachment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAM(}NC~A, CALIFORNIA, AMENDING RESOLUTION NO. 93-142A TO INCORPORATE PERSONNEL CLASSIFICATIONS AND SALARY AND BENEFITS FOR LIBRARY SERVICES POSITIONS FOR FISCAL YEAR 1993/94 WHEREAS, the City Council of the City of Rancho Cucamonga has determined that it is necessary for the efficient operation and management of the City that policies be established prescribing salary ranges, benefits, and holidays and other policies for employees of the City of Rancho Cucamonga; and WHEREAS, the City Council of the City of Rancho Cucamonga recognizes that it competes in a marketplace to obtain qualified personnel to perform and provide municipal services, and that compensation and conditions of employment must be sufficiently attractive to recruit and retain qualified employees; WHEREAS, the City Council has approved the transfer of City library services from the County to the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: SECTION 1: Salary Ranges ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES {Monthly Amounts} Control Minimum Point Class Title Step Amount Step Amount Programmer 405 2,611 445 3,188 # Denotes Supervisory/Professional Class PASSED, APPROVED, and ADOPTED this 16th day of February, 1994~ AYES: NOES: ABSENT: Dennis L. Stout. Mayor ATTEST: Debra j. Adams, City Clerk CITY OF RANCHO CUCAMONGA STAFF REPORT ';- DATE: February 16, 1994 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Bullet, City Planner BY: Cindy Norris, AICP, Associate Planner SUBJECT: AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT FINAL STATEMENT OF COb~4UNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE 1992-93 PROGRAM YEAR - The proposed amendment to the Final Statement will allow the transfer of $29,440, originally designed for a contingency account, to ~he Home Improvement Program. Staff recommends that the City Council approve, by minute action, the amendment to the Final Statement to allow the transfer of $29,440 from the Contingency account to the Home Improvement Program. ABSTI~CT Cmmt~n~enc~ Account Funds were originally set aside in this account, during the 1992-93 fiscal year, for a possible day laborer referral site. However, recent State legislation, SB 733, has resulted in making a City run day laborer referral center infeasable at this time. Information regarding the new legislation is provided in a memo to the Day Laborer Task Force from the Day Laborer Subcommittee, see Exhibit B~me Im~rovsmsnt Account By the end of December of this fiscal year, a majority of the Home Improvement funds will have been expended, enc~,mhered, or otherwise obligated, leaving approximately $4,836 to carry the City through the remainder of the year. Refer to Exhibit "Bs for a budget analysis. Although the City has not advertised the Home Improvement Program for the last four years, there has been a steady increase in the number of applicationa for assistance, with a tremendous number of emergency recluests received after last winter's harsh rains. In the last two Quarters of this year alone, the of applications has more than doubled. CITY COUNCIL STAFF REPORT CDBG FUNDS FY 1992-93 February 19, 1994 Page 2 A number of factors are thought to be contributing to this increase: word of mouth information abeut the program; aging of the housing stock; lower-income homeowner's inability to afford routine maintenance and repairs; and the previous year's inclement weather. Increasing staff expertise and streamlining paperwork requirements have resulted in increased efficiency in the number of households that can be assisted, however, it is still not possible to meet the demands of the program. At existing staffing levels, the program is able to complete an average of 24 grants/loans in a year. Although, as shown in the timeline provided in Exhibit "C," emergency grants typically take less time. Currently, there are 38 single family and 32 mobile home applicants on the waiting list. Approximately 25 to 35 new applications are received each year and added to this list. Additionally, recent evaluation of the City's housing stock has found that there are approximately 987 substandard owner-occupied housing units in the City. The majority of those assisted through the Home Improvement Program have some type of special need in addition to being low income. Approximately 58 percent of those assisted are over the age of 55, with almost 30 percent of those Over the age of 75. Others assisted include the mentally and physically handicapped, female head of households, and large families. Exhibit "D" provides a data su~nary of those who have been helped through the program while Exhibit "E" provides an evaluation of overall comunity needs. Redevelopment funds are impractical to use for this type of program because of the 30-year affordability restrictions that would be placed on the assisted unit. AMAT~TSXS The mission of the Home Improvement Program is to maintain the stock of affordable housing in the City in a safe and habitable state. Additional program goals are to foster neighborhood revitalization as well as to address the individual needs of lower income and special needs households. The City's Hcm~e Improvement Program provides assistance to low and very low income single family or mobile home, owner-occupied households. Assistance offered includss a maximum $25,000 deferred payments loan or $5,000 grant or emergency grant. Typically, when completed, a unit must meet minimum Federal Section 8 housing code criteria. An exception is provided in emergency situations, in which case only the emergency conditions may be addressed. Emergency conditions are addressed imediately, regardless of whether the household was on the current waiting list. An emergency determination is based upon an inspection by the Building and Safety Division and must constitute a substantial threat to property and/or public safety and health CITY COUNCIL STAFF REPORT CDBG FUNDS FY 1992-93 February 19, 1994 Page 3 including such items as missing or severely damaged roof materials, exposed electrical fixtures and sanitary disposal problems. Those in need of emergency assistance often turn to the City for help, because insurance companies, as a general rule, do not cover actual roof repairs, and in some cases, the homeowners have been canceled from their insurance companies due to conditions of their homes. To date this year, the Home Improvement staff has: Completed: 23 grants of which 12 were emergencies. Obligated: 2 deferred payment loans. In Review: 4 grants of which all were emergencies. CTTYPA~TICI~IOM The City's Citizen Participation Plan for the CDBG Program requires that, prior to approving any change to the allocation Of CDBG funds that would add, delete, Or change any CDBG project or funding allocation by 25 percent or more, the public be notified and provided an opportunity to cou:nent on the change. A public notice was published in the Inland Valley Daily Bulletin newspaper on February 4, 1994. Upon consideration of the proposed transfer of funds by the City Council under the Consent Calendar, the Citizen's Participation requirements will be met. City Planner BB:UN:mlg Attachments: Exhibit "A" - Day Laborer Memo Exhibit "B" - Budget Analysis EXhibit "C" - Staff Timeline Exhibit "D" - Who Has Been Helped EXhibit "E" - Comunity Heeds CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: December 14, 1993 TO:. Day Laborer Task Force FROM: Day Laborer Subcommittee ~//L~ r_~,~ Councilmember William J. Alexande Councilmember Rex Gutierrez ' SUBJECT: NEW LEGISLATION AFFECTING JOB CENTERS This memo is to inform you of the recent passage of Senate Bill 733. This bill was recendy signed by the Governor and is attached for your reference. This new law would require each local government agency that provides employment services to verify an individual's legal stares or authorization to work prior to providing services to that individual. If the City were to proceed with a job center, this new law would alter past direction of the Day Laborer Task Force and the Subcomminee. If you recall, the original proposal for a job center would be for one that did not check an individual's legal status. The reason for this stance was to maximize the effect of the job center in getting day laboren off the sixeel and into the center. It was felt that if those without legal status were excluded from the center, that they would continue to seek employment on the streets. If these individuals were successful in gaining employment outside the center, it might attract legitimate lsborers and employers away from the center and back to the sweet. We have reviewed this legislation and its implications and have decided not to pursue a job center option any further at this time. However, we suggest continued enforcement of the new ordinance applicable to Day Laborers (No. 514). Should legislation change, or should conditions warrant another look at this option, the Subcommittee will inform the Task Force. If you should have any questions, please feel free to contact either Subcommittee member or Jerry Fulwood. WJA/RG/jls Attachment cc: City Council Jack Lain, AICP, City Manager Duane Baker, Assistant to the City Manager Larry Henderson, Principal Planner .SENATE BILL No. 733 Passed the Assembly September 11, 1993 Chief Clerk of the Assembly Passed the Senate September 10, 1993 Secretary of the Senate This bill was received by the Governor this day of , 1992, at o'clock M. Private Secretary of the Governor CHAPTER Russell An act to add Sections 9601.5 and 9601.7 to the Unemployment Insurance Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST SB 733, Russell. Employment: unemployment insurance: employment services. Existing law does not provide procedures for government and private agencies providing employment services to verify the legal status or work authorization of every individual prior to providing services to these individuals. This bill would require each state or local government agency or community action agency, or any private organization contracting with a state or local government agency, that provides employment services, including, but not limited to, job training, retraining, or placement, to verify an individual's legal status or authorization to work prior to providing services to that individual in accordance with procedures established under federal law. It would specify that, for purposes of these provisions, proof of legal status or authorization to work includes, but is not limited =o, a social security card, immigration 51 visa, birth certificate, passport, or other valid document providing evidence of legal residence or authorization to work in the United States. IE would also specify that those provisions requiring verification of an individual's legal sEa=us or authorization to work prior to providing employment services shall not apply Eo employment services offered by school districts under secondary school and adult education programs. This bill would require each state or local government agency or community action agency, or any private organization contracting with a state or local government agency, that provides employment services, including, but not limited to, job training, re=raining, or placement, pursuant Eo these provisions, to post in a prominent location in workplace a notice stating that only citizens or =hose persons legally authorized to work in the United States will be permitted to use the agency's or organization's employment services =hat are funded by the federal or state government, as specified. This bill would provide that if any provision of =he bill or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the bill that can be given effect without the invalid provision or application. The people of the State of California do enact as follows: SECTION 1. Section 9601.5 is added Eo the Unemplo~nnent Insurance Code, to read: 9601.5. Each state or local government agency or community action agency, or any private organization contracting with a state or local government agency, that provides employment services, including, but not limited to, job training, retraining, or placement, shall verify an individual's legal status or authorization to work prior to providing services to that individual in accordance with procedures established under federal law. For purposes of this section, proof of legal status or authorization to work includes, but is no= limited to, a social security card, immigration visa, birth certificate, passport, or other valid document providing evidence of legal residence or authorization to work in the United States. This section shall not apply =o employment services offered by school districts under secondary school and adult education programs. SEC. 2. Section 9601.7 is added to the Unemployment Insurance Code, to read: 9601.7. (a) Each state or local government agency or community action agency, or any private organization contracting with a state or local government agency, that enters into an agreement with the department to provide employment services including, but not limited job training, re=raining, or placement, shall post in a prominent location in the workplace, a notice stating that only citizens or those persons legally authorized to work in the United States will be permitted to use the agency's or organiza=ion's employment services that are funded by the federal or state government (b) The no=ice shall read: NOTICE: Attention All Job Seekers The Immigration and Reform control Act of 1986 (IRCA) requires that all employers verify the identity and employment authorization of all individuals hired after November 6, 1986.- A/1 employer is required examine documents provided by the job seeker establishing identity and authorization for employment in the United States. In addition, it is a viola=ion of both state and federal law to discriminate against job seekers on ~he basis of ancestry, race, or national origin. This agency provides employment services funded by the federal or state government =hat are available only to individuals who are United States citizens or who are legally authorized to work in the United States. SEC. 3. If any provision of this act or the application =hereof to any person or circumstances is held invalid, that invalidi=y shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and =o this end the provisions of this act are severable. Approved , 1992 Governor END OF REPORT BUDGET ANALYSIS Program Amount Prior Year New Funding Total FY Amount Loan/ Year Rec~uested Repro~ram Allocation Allocation Expended Grants 90-91 $ 8,000 $ 73,901 $ 80,000 $153,901 $145,245 1L/21G 91-92 $160,043 $ 8,658 $160,043 $168,701 $119,806 4L/12G $ 50,0001 92-93 $214,032 $112,1532 $214,032 $326,185 $202,698 2L/14G/SE 93-94 $234,470 $149,6403 $ 56,940 $206,580 $140,753 2L/llG/16E 1550,000 reprogramed from Historic Preservation. 2Carry Over of $1J2,153 includes $13,260 in program income. 3Carry over of $149,640 includes $37,561 in program income. * AS of December 31, 1993, a total of $140,753 has been expended or encumbered from the FY 1993-94 allocation. Of the remaining funds, $40,720 is obligated for salaries for the year, leaving $25,107 for actual home improvements. Of the project assessments that are in progress, in which inspections and/or bids have been obtained but no funds have been obligated, estimated costs are $20,271. * 1~erefore, a total of $4,836 in unob~t~ated fund~ rmEa~ to ~art~ the City through the remainder of the yex. EXHIBIT B H.I.P. EMERGENCY GRANT I HOUR 2 HOURS 2 HOURS 5 HOURS 1 HOUR 20 HOURS 5 HOURS APPLICATION VERIFICATION - In the case of an emergency, usually there is only time to do a cursory income verification. The verification usually takes place at the same Itme that we are doing the initial inspection. It involves looking at check slubs, tax returns, bank statements, etc. INITIAL INSPECTION - Building Rehab. Specialist and Home Improvement Staff do joint inspection. H.I.P. staff obtains applicable signatures and lakes photographs. Building Inspector does thorough inspection. Emergency is determined 8I this time. BIDS - In emergencies, we forego the usual formal bid write-up and two-week return time. Bids are usually obtained by telephone using reputable contractors we have previously done business with. We know that they carry the proper Insurance to be Included In our program. CONTRACTS - Contracts are wdtten and contractor and owner signatures are obtained. In emergencies, we forego the Pro-Construction meeting. Authorization to Proceed Is Issued. Requisitions are Initiated. PROGRESS INSPECTIONS - Progress Inspections are conducted after each phase of woW, Is completed. Progress payments are made to contractor. FOLLOW-UP - Informational telephone cells between contractor and homeowner. Make sure file is complete. FINAL INSPECTION - Documentation photographs are taken, labor and material releases are obtained and all paperwoW, Is finsled. .r Average length of time to complete I Emergency Grant from beginning (Application Verification) to complellon Is approximately several days to 2 weeks . It takes approximately 36 staff hours to complete I Emergency Grant. P ~1 Page I " H.I.P. GRANT TIMEUNE 2 HOURS 20 HOURS 3 HOURS 10 HOURS 15 HOURS 20 HOURS 5 HOURS 10 HOURS WAITING LIST - Appllcallon sent. Application received. If eve~fthing locks O.K. (income, etc.), log application in Log book. If lhere are major omissions or If Information does not check out, give applicant a call to verify information. Applicallon could be denied at this time. If application is denied, log in "Ineligible Applications' log and send applicant letter stating reason for denial. If application accepted, send letter stating applicant is on the list. APPLICATION VERIFICATION - Verify all applicable information on application; income, historic slgnficance. FIocd Plain determlnalion, ownership, etc. Case file Is begun at this time. INITIAL INSPECTION - Building Rehab. Specialist and Home Improvement Staff do Joint inspection. H.I.P. staff oblains applicable slgnalures and takes photographs. Building Inspector does thorough Inspection. BID WRITE-UP - Work Description is obtained from Building Inspector. Bid Specifications are written and sent out to bid. Btd comparisons are compleled, procf of sonlractors Insurance and eligibility determined. References are checked and bid Is awarded. CONTRACTS - Contracts are written and contractor and owner signatures are obtained. Pre-construction meeling is held and Authorization to Proceed is issued. Requisitions are Initiated. PROGRESS INSPECTIONS - Progress inspections am conducted after each phase of work is completed. Progress payments are made to contractor. FOLLOW-UP - Informational telephone calls between contractor and homeowner. Make sure file is complete. FINAL INSPECTION - Documentation photographs are taken, labor and material releases are obtained and all paperwork Is flnaled. Average length of time !o complete I Grant from beginning (Application Verification) to completion Is approximately 3 monlha. It takes approximately 85 slaff hours to complete I Grant. Pt H.I.P. LOAN TIMEUNE 2 HOURS 20 HOURS 3 HOURS 10 HOURS 5 HOURS 15 HOURS 20 HOURS 5 HOURS 10 HOURS WAITING LIST - Application sent. Application received. If everything looks O.K. (Income, etc.), log application in Log book. If there are major omissions or if Inlormation does not check out, give applicant a call to verify information. Application could be denied at this time. If application is denied, log in 'Ineligible Applications' log and send applicant letter stating reason for denial. If application accepted, send letter stating applicant is on the list. APPLICATION VERIFICATION - Verify all applicable information on application; income, historic signficance. Flood Plain determination, ownership, etc. Case file is begun at this time. INITIAL INSPECTION - Building Rehab. Specialist and Home Improvement Staff do Joint inspection. H.I.P. staff obtains applicable signatures and takes photographs. Building Inspector does thorough inspection. BID WRITE-UP - Work Description is obtained from Building Inspector. Bid Specifications are wrilten and sent out to bid. Bid comparisons are completed, proof of contractors insurance and eligibility determined. References are checked and bid Is awarded. BANK LOAN DOCUMENTS - Arrange tiUe search, fee schedule, etc., with bank. Arrange meeting wilh notary for contract signing. Have Deed recorded by Count/. CONTRACTS - Contracts are written and contractor and owner signatures are obtained. Pre-ccnstruction meeting is held and Authorization to Proceed is issued, Requisitions are initiated. PROGRESS INSPECTIONS - Progress inspections are conducted after each phase of work is completed. Progress payments are made to contractor. FOLLOW-UP - Informational telephone calls between conlraclor and homeowner. Make sure file is complete. FINAL INSPECTION - Documentalton photographs are taken, labor and material releases are obtained and all paperwork is fineled. Average length of time to complete 1 Loan from beginning (Application Verlftcallon) to completion Is approximately 6 months. I1 takes approximately 90 slaff hours to complete I Loan. WHO HAS BEEN HELPED The majority of those assisted through the Home Improvement Program have some type of special need in addition to being low income. Approximately 68 percent of those assisted are over the age of 55, with almost 30 percent being over 75. Others assisted include the mentally and physically handicapped, female heads or households, and large families. * By far, the majority of units assisted through the program have been mobile homes. A total Of 77 percent of the funds expended have been on mobile homes. * The majority of those in mobile homes needing our help are the very low income elderly who are often barely able to afford food and utilities and as a result have not been able to take care of routine maintenance. * Because of the limited funds available to the program, the City has been able to assist a greater number of households through the provision of grants. The maximum grant provided to a mobile home is $5,000, which is often enough to complete all necessary repairs. Whereas, single family homeowners requesting assistance often have such tremendous problem that at least the maximum loan amount is required to complete basic repairs. EXHIBIT D CO~4UNITY NEEDS A Needs Assessment prepared for the CHAS, based on 1990 Census data, has found that the City has a large and growing population that is in need of housing rehabilitation assistance. Those with lower incomes are often forced to forego routine maintenance on their homes in order to meet other basic necessities such as rent, food, utilities, and medical costs. The following is a summary description of the identified needs in the City: * 21.3 percent of the City's households have incomes below 80 percent of the area median. A total of 15 percent, or 3,634 of owner occupied households have incomes below 80 percent of the area median. * 53 percent of all elderly homeowners have incomes below 80 percent of the area median and 28 percent have incomes below 50 percent of the median. * 64 percent of all very low and low income homeowners pay more than 30 percent of their income on housing. * 74.7 percent of all elderly households pay more than 30 percent of their income on housing and 45.8 percent pay more than 50 percent of their income on housing. A total of 46.6 percent of elderly homeowners pay more than 30 percent of their income on housing. * 46 percent of large families have incomes below 80 percent of the median with ~7 percent having income below 50 percent of the median. * 9.2 percent of all households in the City are single parent families of which 7 percent are headed by females. Of these female-headed households, 18.8 percent have incomes below poverty level. * Generally, it is found that for all age categories, females have the greatest percentage of persons below poverty level with the highest proportion, 11.1 percent, found for women 65 years and older. * A disproportionate a-~unt of minority households have lower incomes when compared to the City 21.3 percent) as a whole. In 1990, 28 percent of all Black, 27 percent of all Hispanics, and 26 percent of all Asian and Pacific Islanders had incomes below 80 percent of the area median. * 29.8 percent of large, owner-occupied Hispanic households are very low income, which is more than double the number of largo, very low income household (12 parcent) for the City as a whole. * 48.9 percent of minority households experience some type of housing problem as compared to 39 percent of the City as a whole. EXHIBIT E CO~UNITY NEEDS Page 2 There are an estimated 2,050 substandard units in the City, of which approximately 1,701 are suitable for rehabilitation. A majority of these units are occupied by low and very low income individuals. Approximately 987 of the substandard units are owner occupied. As a result of the economic events in the last several years, it is likely that the number of lower income families has gown in this City and that a greater n-~her of units have fallen into disrepair. EXHIBIT 61 CITY OF RANCHO CUCAMONGA STAFF REPORT TO: Mayor and Members of the City Council 1,~' Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Anthea M. Hartig, Associate Planner SUBJECT: CONSIDERATION OF MILLS ACT AGREEMENT 93-03 - ROBERT AND BARBARA YELLEN - Approval of a Mills Act Contract with Robert and Barbara Yellen for the restoration of the Goerlitz House, a designated local landmark, located at 6156 Hellman Avenue, Rancho Cucamonga - APN: 1062-381-08 Staff recomends that the City Council approve Mills Act AgTeement 93-03 between the City of Rancho Cucamonga and Robert and Barbara Yellen to implement a reduction in property tax on their historic property, the Goerlitz House. BACI~MO~ND In August of 1988, the Council approved incentives that would encourage and promote the preservation and restoration of the City's historic and architectural resources. The Mills Act allows for the owner of a designated landmark to realize property' tax reductions upon entering into a preservation contact with the City. The successful initiation of this agreement would mark the City's seventh use of the Mills Act to help property owners in their preservation efforts. Because the City's share of the ~-~unt of property taxes collected is small, the annual loss to the City is less than $100 per contract. The Goerlitz House is truly an Unique architectural contribution to the City, being designed over ninety years ago in a mixture of Italian Renaissance and Beaux Art styles. Built for the Charles Thorpe Family in 1901, the Goerlitz F~m~ly purchased the house shortly thereafter in 1910. The Council designated the Goerlitz House as a local Lanam~rk on September 16, 1987. The City COntinues to provide incentives to owners of historic buildings for the preservation of these community resources and the use of the Mills Act is an important tool in these efforts. Respec 'lanner BB:AMH/jfs / CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 16, 1994 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Anthea M. Hartig, Associate Planner SUBJECT: CONSIDERATION OF MILLS ACT AGREEMENT 93-04 - ROY AND MINA LA PARRY - Approval of a Mills Act Contract with Roy and Mina La Parry for the restoration of the Albert House, a designated local landmark, located at 10323 19th Street, Rancho Cucamonga - APN: 202-201-54 Staff recolends that the City Council approve Mills Act Agreement 93-04 between the City of Rancho Cucamonga and Roy and Mina La Parry to implement a reduction in property tax on their historic property, the Albert House. BAC3~I~3~MD In August of 1988, the Council approved incentives that would encourage and promote the preservation and restoration of the City's historic and architectural resources. The Mills Act allows for the owner of a designated landmark to realize property. tax reductions upon entering into a preservation contact with the City. The successful initiation of this agreement would mark the City's eighth use of the MAlls Act to help property owners in their preservation efforts. Because the City's share of the amount of property taxes collected is small, the annual loss to the City is less than $100 per contract. The home Henry Albert had constructed for his family in 1904 remains One of the more beautiful representations of the Queen Anne Victorian style of architecture in the region. The Council designated the Albert House as a Landmark on February 18, 1987. The La Parry family uses the historic home beth as a residence and as a business, operating a beuticlue on the first floor. ~ONClllSlON Use of the Mills Act continues to be an important tool in our efforts to continue providing incentives to owners of historic buildings for the preservation of the co~m/nity's rich cultural heritage. Respeci er City Planner BB:AMH/jfs CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 16, 1994 TO: Nayor and Nambers of the City Council Jack Lam, AICP, City Manager FROM: Will Jam J. O'Neil, City Engineer BY: Shel 1 ey Naddox, Engl neeri ng Ai de SUBJECT: RELEASE OF A REAL PROPERTY I~ROVEMENT CONTRACT AND LIEN AGREEMENT RELEASING 8575 BELLA VISTA ROAD, LOCATED ON THE SOUTH SIDE OF BELLA VISTA ROAD, WEST OF CARNELIAN STREET, SUBMITTED BY EDWARD C. AND ROXANA M. CORDOZA RECOIIEMI)ATI011: It fs recoanended that the Council adopt the attached Resolution releasing 8575 Bella Vista Read, and authorizing the Nayor to sign said release and the Ctty C~erk to record same. BACXGROUND/ANALYSIS A Real Property Improvement Contract and Lien Agreement was approved by Council on February 1, 1989, and recorded on March 10, 1989 as Document No. 89-087028 in the office of the County Recorder, San Beroardino County, Californta. The agreement was for off-site street improvements. This portion of Bell a Vista Road was declared a private street on May 16, 1990, exempting this property from off-site street improvement requirements. Therefore the lien is no longer required. City Engineer WjO:SM:dlw Attachment RESOLUTZO, ,0. 0..)'7 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM 8575 BELLA VISTA ROAD WHEREAS, the City Council of the City of Rancho Cucamonga adopted Resolution No. 89-044 accepting a Real Property Improvement Contract and Lien Agreement from Edward C. and Roxana M. Cordoza; and WHEREAS, said Real Property Improvement Contract and Lien Agreement was recorded in Official Records of San Bernardino County, California, on Hatch 10, 1989 as Document No. 89-087028; and WHEREAS, said Real Property Contract and Lien Agreement is no longer required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rencho Cucamonga does hereby tel ease said Real Property Improvement Contract and Lien Agreement and that the City Clerk shall cause Release of Lien to be recorded in the office of the County Recorder of San Bernardino County, California. N CITY OF . ~ ~.~ ~ 'RANCHO CUCAMONGA Trr~ 8~7~ ~.,.~ ~ ~o~,~ DI'GDII/ItDi(I DI'VI~0NF,Z!tIBI~. "~" CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 16, 1994 TO: Mayor and Members of the City Council Jack Lam, AICP, CIty Manager FROM: Wtll tam J. O'Netl, Ctty Engineer BY Dan James, Senior Civil Engineer SUBJECT: APPROVAL OF GRANT OF EASEMENT FOR STOI~4 DRAIN PURPOSES FROM SOUTHERN CALIFORNIA EDISON TO THE CITY OF RANCHO CUCANONGA AND AUTHORIZATION FOR THE CITY ENGINEER TO EXECUTE THE SANE FOR A STOl~q DRAIN REQUIRED OF THE ADULT SPORTS PARI( EXPANDED PARI(ZNG LOT PROJECT RECIIItIDATIOII It Is recommnded the City Council approve the subject easement and authorize the City Engineer to execute the same. BKXGROUND/NIN. YSIS As part of its improvements the Adult Sports Park Expanded Parking Lot Project wt11 be constructing a public storm drain facility. This storm drain will be utilized by both this project and future development tn the area, The storm dratn is of a public benefit and as such all easements should be accepted by the Cl The storm drain system betng tnstslled ts indicated on attached Exhtbtt "A", The portion of the subject easement to be granted from Southern Cal tfornla Edtson is wtthtn the future extension of Jack Benny Drive, Normally easement documents are accepted by the CIty Engineer without Counctl approval. However, since Edison has placed certain conditions on this easement, the Ctty Attorney recoaeended Ctty Council authorize the CIty Engineer to execute the easement. The conditions are standard for Edtson easements of this nature, Basically they place restrictions durtng construction and acknowledge the construction and maintenance of the factltty to be the responsibility and liability of the City, Respectful 1 Will lam J.~l' City Engineer WJO:Dj:dlw Attachment ROSA I I 0 S.C.E. FUTURE 41l" DIA, 18' WIDE CONSTRUOTI 2N 'LU R,O.P, STORM DR# AND 6RADIN6 EA8EMENT ::~ lED CONCR 8WALE ,. lu ~- OSED 4s' DIA, R.O.P. STORM DRAIN I 0 g " CAt. RANCHO CUCAMONGA ADULT SPORTS !SISON ~ PARK ekat~Jek~ · ~,, PROPOSED PARKING LOT PROPOSED 4leOlA, .O.P. STORM DRAIN I ' I r P:R0 ' WIOII STORM DRAIN BASEMENT~ PROPOSED I EET DEDIOATION . DOWNEY, CHARLES B. I 0 ? S.CJ~. . m~ r~Ts JACK BBNNY _ ~Y_.DRIVE ). &C. EP/SCA/ PROPOSED IO'WIDE STORM DRAIN EASEMI WANG, CHEN-LU & LU I OG LOPEZ-BLANCO EXHI&IT 'A' . ir.~l · CITY OF RANCHO CUCAMONGA : STAFF REPORT DATE: February 16, 1994 ~ TO: Mayor and Hembets of the City Council ~! Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY Will te Valbuena, Assistant Engineer SUBJECT: APPROVAL OF HAP, SUNMARY VACATION OF EXCESS STREET RIGHT-OF-WAY AT THE SOUTHEA.ST CORNER OF SPRUCE AVENUE AND CHURCH STREET AND ORDERING THE ANNEXATION TO LANDSCAPE HAINTENANCE DISTRICT NOS. 4 AND STREET LIGHTING HAINTENANCE DISTRICT NOS. 1 AND 4 FOR PARCEL HAJ~ 14331, LOCATED AT THE NORTHEAST CORNER OF SPRUCE AVENUE AND FOOTHILL BOULEVARD, SUBMIllED BY LEWIS HONES RKClll~MIklTION It is recommended that the City Council adopt the attached Resolutions approving Parcel Nap 14331, sugfnartly vacating excess street right-of-way at the southeast corner of Spruce Avenue and Church Street and ordering the Annexation to Landscape Natntenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 and authorizing the Nayor and the City Clerk to cause said vacation and map to record. BAIXGROUND/AHN. YS IS Tentative Parcel Nap 14331, located at the northeast corner of Spruce Avenue and Foothal Boulevard, in the Office Park (OP) designation of the Tetra Vista Planned Community, was approved by the Planning Coanlssion on Apt11 14, ].993 for a subdivision of 25 acres into two parcels. The Developer, Lewis Homes, is submitting a cash bond for the setting of the monuments in the following amount: Monumentatton Cash Bond: $2,500.00 Lewis Homes is also requesting that the City vacate an excess portion of street right-of-way at the southeast corner of Spruce Avenue and Church Street (see Exhibits "C" and 'D"). As a result of the Plan Check process, it was determined by staff that the excess right-of-way was not necessary. On January 26, 1994, the Planning Cofimntsston found the vacation to be consistent with the General Plan. CIl~f COUNCIL STAFF REPORT PM 14331 - LEWIS HOMES February 16, 1994 Page 2 Section 8334a of the Streets and Highways Code states that 1 ocal agencies may summarily vacate (by resolution) an excess right-of-way of a street which is no longer required for street and r~ ated purposes. The missing publ Ic improvements adjacent to the property will be constructed upon development of the site. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Respectfully ~tte ,,~ William J. O'N~ City Engineer WjO:WJO:dlw RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 14331 WHEREAS, Tentative Parcel Hap Number 14331, submitted by Lewis Homes of California, Subdivider, and consisting of 2 parcels, located at the northeast corner of Spruce Avenue and Foothill Boulevard, was approved by the Planning Conm~ission of April 14, 1993, as provided in the State Subtdivison Hap Act and is in compl lance with the requirements of Ordinance No. 28 of said City; and WHEREAS, Parcel Hap Number 14331 is the final map of the division of land approved as shown on said Tentative Parcel Hap; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF P~ANCHO CUCAJ~ONC~A HEREBY RESOLVES as loll ows: 1. That the Final Hap be approved and the City Clerk is autorized to execute the certificate thereon behalf of said City; and 2. That said Parcel Hap No. 14331 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. 71 RESOLUTION NO. ~(, C)o,,),,~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Pu~NCHO CUCAMONGA, CALIFORNIA, SU~t4ARILY ORDERING THE VACATION OF EXCESS STREET RIGHT-OF-WAY AT THE SOUTHEAST CORNER OF SPRUCE AVENUE AND CHURCH STREET WHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to sun~arily vacate a portion of a street or highway as excess right-of-way herein more parttculaMy described; and WHEREAS, the City Council found all the evidence submitted that said portions of streets are no 1 onger required for street or highway purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as loll ows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby ma~rder vacating said portions of street as shown on Map V-128 marked Exhibit "A", on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, marked Exhibit "B", and by reference made a part thereof. SECTION 2: The subject vacation shall be subject to the reservations and excep~ any, for existing utilities on record. SECTION 3: That from and after the date the resolution is recorded, said excess r's r"~--of-way no 1 onger constitutes portions of said street. SECTION 4: That the City Clerk shall cause a certified copy of this resolution to ~ recorded in the office of the County Recorder of San Bernardino County, California. SECTION 5: ~at the City Clerk shall certify to the passage and adoption of this resolution, and it shall therupon take effect and be in force. i A I~DIUS OF 2,4"~4.00 FElT THROUGH hq'llCH A R~DIAL LINE ~ NOR~ 2 24'3e'09' ~T~ ~ ~S~Y ~ ~D C~ ~U~ A C~ 3 ~ OF 00*54'53", ~ ~ ~ OF 39.18 ~ ~ ~ ~GZ~I~ OF 4 A ~g ~Uhvs C~ SO~Y ~ A ~laS 0F 24.00 ~ 5 ~ ~l~ A ~ LI~ S~ ~ 25~33'03· ~T, 7 ~ ~ OF 40.68 ~ ~ ~ ~ ~l~ OF MGI~T~. 8 9 P~P~D BY ~ ~ ~S, l~. OF ~ l~ 10 J~T 4, 1994 11 J.X. 126-1026S 12 G/Jg 13 15 ~, A ~GIS~D C~L ~I~ ll ~ ~ OF ~l~. 18 J. I. 14814 20 21 22 RESO UT:ON' 03 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA~4ONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR PARCEL MAP 14331 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district purse,ant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance dlstrtct known and designated as Landscape Maintenance District No. 4, Street Lighting Maintenance Dtstrtct No. 1 and Street Lighting Maintenance District No. 4 (hereinafter referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance DIstrict; and WHEREAS, at this time the City Councll is desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance DIstrict; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have flied with the City Clerk their written consent to the proposed annexation without notice and hearing o~ filing of an Engtneer's "Report". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION ~: That this legislative body hereby orders the annexation of the property as shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance DIstrict. SECTION 3: That all future proceedings of the Maintenance District, including the'~of all assessments, shall be applicable to the territory annexed hereunder. EXHIBIT 'A' ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0.4 STREET LIGHTING MAINTENANCE DISTRICT NO S. I AND 4 .. - CITY OF RANCHO CUCAMONGA EXHIBIT 'B' WO~t)( PROGPJUq PRO~ECT: PARCEL HA.° 14331 STREET LIGHTS: NUMBER OF LAMPS Dist. 5800L 9500L 16~000L 22~000L 27~500L S1 S4 LANDSCAP I NG: Community Equest, Trail Turf Non-Turf Trees Dtst. D.G.S.F. S.F. S.F. Ea. L4 ASSESSMENT UNITS: Assessment Units By District Parcel Acres S1 S4 L4 I 2.202 0 0 .55 2 72.835 0 0 ~; .71 Form Date 2/18/93 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 16, 1994 TO: Hayor and Members of the City Council Jack Lam, AICP, City Hanager FROM: Will Jam J. O'Neil, City Engineer BY Hante Proschef, Public Works Engineer SUBjECT: RECOHNENDATION TO REJECT ALL PROPOSALS RECEIVED FOR THE RESURFACEMENT OF TRAFFIC BEARING DECK/PARKING STRUCTURE AS NON- RESPONSIVE Staff and City legal council recam~end that all proposals received for the Resurfacing of Traffic Bearin9 Deck/Parking Structure be rejected as non- responsive and authorize the readvertising for proposal s. BAIXGI~IINI)/AIIALYSIS Proposal s were received and publ lcally opened on February 8, 1994 at 2:00 p.m. for the subject project (parkin9 lot located directly east of the Civic Center). Upon review of the proposal s by staff it appeared that the apparent lowest bidder and the apparent second lowest bidder proposals did not comply with the proposal requirements. Staff conferred with legal council and legal council concurs that it would be in the City's best interest to reject all proposals as non-responsive and readvertise for proposals. A surfmary of proposals received is attached for City Council review. Respectfully submitted, William J. O'tletl City Engineer WjO:NP:dlw Attachment CITY OF RANCHO CUCAMONGA SUMMARY OF PROPOSALS RESURFACING OF TRAFIC BEARING DECK/PARKING STRUCTURE DATE: FEBRUARY 8, 1994 ENGINEERS'S ESTIMATE: $160,000.00 Page I of 2 Ladher Coatings D.V. Troyer Company Hansleg Systems Inc. Item llcm Unitof F~timalr. d Unit Arenora Unit Amount Unit Amounl 1. Wearing surface coat (including coves) including all under exccptjoint and crack scaling SF 50,0G0 $2.55 $127,500.00 $3.36 $168,000.00, $3.179140000 $158,957.00 2. Double-Texture lop coat only SF 10,0O0 $0.24 $2,400.00 $0.49 $4,900.00 ! $0.691200000 $6,912.00 3. Clean, prime and treat visible hairline cracks 1]16" or less LF 2,000 $0.22 $440.00 $0.00 $1.480000000 $2,960.00 4. Route, caulk and Ueat cracks and joints over I]16' LF 2,000 $0.95 $1,900.00 $0.00 $2.360000000 $4,720.00 5. RelBove ex~ljllg C~dk, tieall andresealcomsoljoints LF 10,0GO $1.22 $12,200.00 $0.40 $4,000.00 $2.910000000 $29,100.00 6, Remove, store and ginswall concrete wheel stops, iac!ak4~ng pteiwatlon and epoxy adhesive. EA 110 $10.25 $1,127.50 $21.00 $2,310.00 $27.272727273 $3,000.00 7. Stairwell uead wearing surface coat, including all under coats SF 3.50 $2.85 $997.50 $4.00 $1,400.00 58.271428571 $2,895.00 Proposal Totals $146.565.00 $180,610,00 $208.544.00 CITY OF RANCHO CUCAMON(~A SUMMARY OF PROPOSALS RESURFACING OF TRAFIC BF, ARING DECK/PARKING STRUCTURE DATE: FEBRUARY 8, 1994 ENGINEERS'S ESTIMATE: $160,000.00 Page 2 of 2 Pacific Waterproofm Applied WaterproofinI Murphy Industrial Coa~ags Itun lt~m Unit of Pqimatcd Unit Amom Unit Amoun. Unit Amount !, Wearing surface coa~ (including coves) including all under coats, surface prcparafion and ginovals, except joint and crack scaling SF 50,000 $3.60 $180,(~0.00 $3.882 $194,100.00 $3.00 $1.50,000.00 2. Doublc-Texturc ~op coat only SF 10,000 $1.00 $10,000.00 $0.90 $9,0(]0.00 $2.00 $20,000.00 3. Clean, prime and Izcat visiblc hah'linc cracks !/16' or le~ LP 2°000 $1.00 $2,000.00 $0.75 $1,500.00 $3.~0 $6,000.00 4. Routc, caulk and treat cracks and joints over 1/16' LF 2,000 $2.50 $5,000.00 $1.50 $3,000.00 $4.00 $8,000.00 5. Remove cxisdng caulk, clean andrescalconuoljoints LF 10,000 $1.65 $16,500.00 $1.80 $18,000.00 $6.94 $69,400.00 and cpoxy adh~ivc. F..A 110 $80.(]0 $8,800.00 $20.(]0 $2,200.00 $50.00 $5,500.00 7, Stairwell trcad wearing surface ~ including all undu coats SF 350 $7.00 $2,450.00 $4.00 $1,400.00 $4.00 $1,400.00 Prop~al TotaM $224,750.00 $229v?.oe,oe $260,300.00 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: Febwan, X6, X994 TO: Chairman and Members of the Redevelopmerit Agency FROM: Rick Gomez, Community Development Director BY: Tarry L. Smith, Community and Park Development Supt. SUBJECT: APPROVAL TO EXECUTE A MAINTENANCE EASEMENT AGREEMENT WITH CUCAMONGA WATER DISTRICT FOR THE MAINTENANCE OF A WATER LINE TO BE CONSTRUCTED ON THE SPORTS COMPLEX EXPANDED PARKING LOT PROJECT. ~ION: To approve and execute a maintenance agreement with CCWD for the maintenance of the water line to be constructed as part of the Sports Complex Expanded Parking Lot Project. BACKGROUND: This proposed easement will allow CCWDto enter the property of the Sports Complex Expanded Parking Lot to construct, maintain, replace, install, repair, alter etc., the water line to be ;::2,,., .. ,.., 0, ,,..0..,...,, Ri/k o/~ Co~unit Development Director RiY __I.FOOTH~LL BOULEVARDS& I MAP TO ACCOMPANY i j LEGAL DESCRIPTION UNE LOT 109 - 500'08'57* W 103.88' __ Pk~C~L 'r F-.,,,T.;' ~ N89' 46' 15" E. 959.04' :;;;) WESTERLY LINE <~ 21.21' 0' '~" LOT109 "' ~ ~ · o VACATI~ PER >' INS"TRUMDIT REC. DEC. 18, :: 1936 BOOK 1177 PC. 320 O.R. ~ NORTHERLY UNE LOT 108 t S44'46'1~"W o "' PA.RCIL 'I" ~ '"""""LOT 108 SOUTHERLY UNE OF N. 1/2 LOT 108 ARROW ROUTE ~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 16, 1994 '~ TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL OF AGREEMENT WITH CLAIMANTS ASSOCIATED WITH COMMUNITY FACILITIES DISTRICT 88-2 (DiIORIO) REGARDING THE SALE OF BONDS AND THE DISBURSEMENT OF FUNDS Recommendation: It is recommended that the City Council authorize the Mayor to execute an agreement relating to the disbursement of funds in Community Facilities District (CFD) 88-2. The agreement that is to be executed is an Agreement for Disbursement and Release of Certain Claims. Background: By a previous vote of the property owners in CFD 88-2, the District was authorized to sell bonds to fund certain capital improvements. The amount of these bonds were not to exceed four million dollars ($4,000,000). At this time a substantial number of these capital facilities have been completed. To fulfill the purpose of this District, the time has come to sell bonds and reimburse the developer, The Caryn Company, for a portion of their costs associated with constructing the facilities. While the developer has substantially completed the facilities, they have not been able to pay all of their creditors. Because of this fact, some of the creditors have flied legal actions and were clouding the potential sale of bonds. Also, because of the economy, some of the other residential developers in the District have become delinquent with their taxes which also makes it difficult to sell bonds. To resolve these issues, the City has been engaged in discussions with the developer and with several parties who have claims against the developer. These discussions were to insure that once bonds are sold, there will be no possibility of claims coming against the City. Also, the City has been negotiating with the developer and claimants to insure that all of the funds necessary to finish any required work and to cover the City's expenses would be available. These negotiations are now complete and the claimants have agreed to release certain claims and to suspend certain legal actions with this agreement being the product. This agreement would insure that all of the work of the District is completed to the satisfaction of the City Engineer. Also, it would provide for a payment in APPROVAL OF AGREEMENT WITH CLAIMANTS ASSOCIATED WITH CFD 88-2 City Council Meeting February 16, 1994 Page 2 lieu of construction for the Lower Loop Crossing Road which has not yet been built. With the payment in lieu of construction, all of the facilities and conditions for which the District was formed will be substantially complete. Finally. this Agreement would provide for the payment of back taxes from the developers that are in the District. The other purpose that this Agreement would fulfill would be to specify how funds are to be allocated to all of the various claimants. With the disbursement schedule agreed to, the possibility of legal squabbling will be eliminated. One important point to note is that this Agreement will be effective until April 30, 1994. After this date, the claimants would resume any legal actions they had been contemplating and the City would then have to explore other options for the eventual disbursement of funds. This Agreement provides protection for the District while allowing an orderly settlement of a project that has become messy and complex due to the financial misfortunes of the Developer. If approved and if the timelines in the Agreement are met, this District will finally be able to fulfill the purpose for which it was formed. Duane A. Baker Assistant to the City Manager DAB/dab CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 16. 1994 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker. Assistant to the City Manager SUBJECT: APPROVAL TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LEN PERDUE AND ASSOCIATES TO CONDUCT AN APPRAISAL OF COMMUNITY FACILITIES DISTRICT 88-2 Recommendation: It is recommended that the City Council approve a professional services agreement with Len Perdue and Associates for an amount not to exceed $10,000 to perform an appraisal of Community Facilities District (CFD) 88-2. This agreement is to be funded from account 76-4130-6028 and will not affect the general fund. Background: It is necessary to have a current appraisal of this District prior to selling bonds to cover the costs of the drainage facilities that have been built. An appraisal is necessary because under the Mello-Roos Community Facilities Act, the security for the bonds is the land in the District. Since the last appraisal was completed a number of unexpected delays have occurred. These delays have caused the old appraisal to become dated and no longer useful for purposes of selling and marketing bonds. For the above reasons it is necessary to have a new appraisal done. This appraisal will be completed by April and will provide an updated opinion of the land value in this District. The cost of this appraisal is being paid for out of the special taxes that developers have been paying into this District for the past five years. This appraisal cost will not have an impact on the general fund. Respectfully Submitted, ' ! /-'~ ~- ~ .,", I~(ane A. Bake~r Assistant to the City Manager DAB/dab CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 16, 1994 TO:. Mayor and Members of the City Council Jack Lam, AICP. City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: APPROVAL TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH EMPIRE ECONOMICS TO CONDUCT A MARKET ABSORPTION STUDY OF COMMUNITY FACILITIES DISTRICT 88-2 Recommendation: It is recommended that the City Council approve a professional services agreement for an amount not to exceed $5,000 to perform a market absorption study of Community Facilities District (CFD) 88-2. This agreement is to be funded from account 76-4130-6028 and will not affect the general fund. Background: It is necessary to have a current market absorption study of this District prior to selling bonds to cover the costs of the drainage facilities that have been built. A market absorption study is necessary because under the Mello-Roos Community Facilities Act, the security for the bonds is the land in the District. Since the last market absorption study was completed a number of unexpected delays have occurred. These delays have caused the old market absorption study to become dated and no longer useful for purposes of selling and marketing bonds. For the above reasons it is necessary to have a new market absorption study done. This market absorption study will be completed by April and will provide an updated opinion of the market absorption of homes built in this District. The cost of this study is being paid for out of the special taxes that developers have been paying into this District for the past five years. This study cost will not have an impact on the general fund. The cost for this market absorption study will not exceed $5,000. Respectfully Submitted, Assistant to the City Manager DAB/dab CITY OF RANCHO CUCAMONGA STAFF REPORT '. DATE: February 16, 1994 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Will lain J. O'Netl, City Engineer BY Phill ip Verbera, Assistant Engineer SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND MONUMENTATION CASH DEPOSIT FOR TRACT 13703, LOCATED ON THE WEST SIDE OF HAVEN AVENUE, NORTH OF BANYAN STREET, SUBMITTED BY SHEFFIELD-ALTA LOMA 55, LTD., A CALIFORNIA LIMITED PARTNERSHIP, AND RELEASE OF PREVIOUSLY SUBMITTED IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND CASH MONUMENTATION DEPOSIT ACCEPTED BY CITY COUNCIL ON FEBRUARY 20, lgql, FRObi KAJIMA DEVELOPMENT CORPORATION I~COleeEMDATIOIi It is recommended that the City Council adopt the attached resolution (1) accepting the new Improvement Agreement, Security and Monumentation Cash Deposit, (2) releasing the previous Improvement Agreement and Security and authorizing the Finance Department to refund the previous Monumentation Cash Deposit, and (3) authorizing the Mayor and the City Clerk to sign and release said agreements. BA(3CGRDUIID/AMALYSIS The Map, the Improvement Agreement, Security, and Manumentation cash deposit for Tract 13703, located on the west side of Haven Avenue north of Banyan Street, was approved by City Council on February 20, 1991. The Tract Map was recorded on March 20, 1991. The property has been purchased by Sheffteld-Alta Loma 55, Ltd., A California Limited Partnership, who has submitted an agreement and security to guarantee the completion of the public improvements in the following amounts: Faithful Performance Bond: $1,433,400.00 Labor and Material Bond: $ 716,700.00 Monumentatton Cash Deposit: $ 5,150.00 CITY COUNCIL STAFF REPORT TR 13703 FEBRUARY 16, 1994 PAGE 2 The above mentioned securities shall replace the securities submitted by the original developer, KaJima Development Corporation, and accepted by City Council on February 20, 1991. By process of this agreement, Sheffield-Alta Loma 55, Ltd., as the new Developer, has responsibility of the project. Copies of the agreement and securities are available in the City Clerk's Office. Respectfully submitted,. William J. O'Neil City Engineer WJO:PV:dlw ~--..eT ST SITE VICINITY MAP CITY OF RANCHO CUCAMONGA ~TEM:.TR. 13703 IflNEERING DIVISION ~ EXHIBIT:· RESOLUTION "0. ~)L/_ C..~,_.'~ / A RESOLUTION OF THE CITY COUNCIL OF THE C'[TY OF RANCHO CUCN4ONGA, CALIFORNIA, APPROVING THPROVEIqENT AGREEHENT, IHPROVEHENT SECURITY, AND HONUNENTATION CASH DEPOSIT FOR TRACT ].3703 AND RELEASING THE IHPROVEHENT AGREEMENT, IHPROVEHENT SECURITY AND HONUNENTATION CASH DEPOSIT PREVIOUSLY ACCEPTED BY CITY COUNCIL ON FEBRUARY 20, ].99]. WHEREAS, The City Council of the City of Rancho Cucamonga, Calffornia did consider an Improvement Agreement, related Security and Monumentation Cash Deposit, submitted by Sheffield-Alta Loma 55, Ltd., A California Limited Partnership, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the west side of Haven Avenue north of Banyan Street and release of the previously approved Improvement Agreement, Security and/qonumentation Cash Deposit for KaJima Development Corporation. WHEREAS, said Improvement Agreement is secured and acc~anted by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PJtNCHO CUCAJqONC~A HEREBY RESOLVES that (1) said Improvement Agreement, Secu,ity, and Monumentation Cash Deposit submitted by Sheffteld-Alta Loma 5B, Ltd., A California Limited Partnership are hereby approved, (2) the previously approved Improvement Agreement, Security and ~numentatton Cash Deposit from Kajima Development Corporation are released and (3) the Mayor is hereby authorized to sign said I~q~rovement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. 91 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 16, 1994 T0: Mayor, and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Stave M. Gilliland, Public Works Inspector I<~ SUBJECT: APPROVAL OF IMPROVEME~rF AGREEMENT EXTENSION FOR TRACT 13759, LOCATED ON THE WEST SIDE OF HAVEN AVENUE, SOUTH OF VICTORIA STREET, SUBMI~ED BY FU MAX LIMITED RECGle[liDATIOII It is reconm~ended that the City Council adopt the attached resolution, accepting the subject agreement extansion and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 13759, were approved by the City Councll on January 21, 1993, in the following total amounts: Fatthful Performance Bonds: $1,326,000.00 Labor and Mataria1 Bonds: $ 663,000.00 The developer, Fu Pal Limttad, is requesting approval of a 12-month extansion on said improvement agreement in order to secure construction financing. Copies of the Zmprovement Agreement Extansion are available in the City Clerk's Office. Respectfully s~~ William J. 0'Me CIty Engtneer WJO:SMG:ly Attachments FU MA! LIMITED PARTNERSHIP 801 SO{/FH GARFIELD AVE. SUITE 200, Ar~HAMBRA, CA 91801 TEL:(8]8)289-0223 FAX:(818)289-4806 January 13, 1994 Steve M. Gilliland Public Works Inspector City of Rancho Cucamonga P.O.Box 807 Rancho Cucamonga, CA 91729 RE: TRACT 13759 IMPROVEMENT AGREEMENT Dear Mr. Gilliland Please accept this letter as our formal request to extend, for one (1) year, the above captioned agreement. This request is respectfully made in order to allow us the time necessary to secure our development financing for this project. Thank you in advance for your continued kind courtesy and consideration. Sincerely, Garry Chen / General Partner Fu Mai Ltd. Partnership RESOLUTION NO. (~2,~/_ 0.~4p- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13759 WHEREAS, the Ctty Council of the City of Rancho Cucamonga, Caltfornla, has for its constderatlon an Improvement Agreement Exl~nslon executed on January 21, 1993, by Fu Hal Ltmtted as developer, for the improvement of public right-of-way adjacent to the real property speclflcally described therein, and generally located at the west side of Haven Avenue, south of VIctoria Street; and WHEREAS, the installation of such Improvements, descrlbed in said Improvement Agreement and subject to the terms thereof, Is ~o be done in conjunction wtth the development of said Tract 13759; and WHEREAS, said Improvement Agreement Extenslon Is secured and accompanied by good and sufficient Improvement Securlty, whtch ts 1denttried tn satd Improvement Agreement Extension. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Securlty be and the same are hereby approved and the Mayor is hereby authorized to sign satd Improvement Agreement Extension on behalf of the Ctty of Rancho Cucamonga, and the Ctty Clerk to attest thereto. CITY OF RANCH0 CUCAMONGA '~ STAFF REPORT : ' DATE: February 16, 1994 2:' ~. TO: Hayor and ManV~ers of the City Council Jack Lam, AICP, City Manager FRO/4: William J. O'Neil, City Engineer BY: Steve M. Gilliland, Public Works Inspector ~ SUBJECT: ACCEPTANCE OF LANDSCAPE IMPROVE)!ENTS, RELEASE OF BONDS AND NOTICE OF COMPLETION FOR TRACT 13351 TERRA VISTA PARKWAY MEDIANS, LOCATED ON TERRA VISTA PARKWAY WEST OF MILLIKEN AVENUE REC~DATION: The required landscape improvements for Tract 13351 Tetra Vista Parkway Medians have been completed in an acceptable manner, and it is reco~mnended that City Council accept said tmprov~nts, accept the Haintenance Guarantee Bond in the amount of $5,160, authorize the City Engineer ~ file a Notice ef Co~letton and authorize the City Clerk to release the Faithful Performate Bond in the ameunt of $51,600. BAC~GROUMD/AN~LYSIS Tract 13351 - Terra Vista Parkway Madians located on Terra Vista Parkway west of Milliken Avenue DEVELOPER: Lewis Homes P.O. Box 670 Upland, CA 91785 Accept: Maintenance Guarantee Bond $ 5,160 Release: Faithful Performance Bond $51,600 Respectfully [~~ William j. O' City Engineer WjO:SMG:sd Attachment RESOLUTION NO. ~/- ~:)_.~_..~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUC/~qONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT TRACT 13351 - TERRA VISTA PA~WAY MEOIANS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WO~ WHEREAS, the construction of publ lc improvements for Tract 13351 - Tetra Vista Parkway Hedians have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work compl ere. N), THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 16, 1994 TO: Mayor and Members of the City Council '~ - Jack Lam, AICP, City Manager FROM: Wiq~ tam ,1. O'Neil, City Engineer BY: Honte Prescher, Public Works Engineer SUBJECT: ACCEPTANCE OF IMPROVENENTS, RELEASE OF BONDS AND NOTICE OF CO IqPLETION FOR PARCEL MAP 11394/TRACT 13~6, LOCATED ON THE NORT~EST CORNER OF BASE LINE ROAD AND ETIWANDA AVENUE RECOIIENDATIOII: A portion of the required street improvements (storm drain main 1 ine) for Parcel Nap 11394/Tract 13886, Winery Hill, has been completed in an acceptable manner, and it is recommended that City Councll accept said improvement, authorize the City Engineer to file a Notice of Completlon and authorize the City Clerk to release the Faithful Performance Bonds in the amounts of $485,000.00 and $60,000.00. BACKGROUND/ANALYSIS The Barmaklan Company proposed to develop the northwest corner of Base Line Road and Ettwanda Avenue. The proposed project consisted of a combination condomtnium and cmm~erclal development. As a condition of the proposed development, certain private and public improvements were required. The Developer entered into Improvement Agreements with the City for the required improvements and Parcel Nap No. 11394 and Tract Map No. 13886 were recorded. The Developer began construction on a required storm drain in Base Line Road and failed to c~lete it in a timely manner as required by City Code, the Construction Permit and Improvement Agreement. The delay in completing the storm drain caused an undo delay in completing the City's Project, Base Line Road Improvement Project Phases I & II, which was under construction at that time. The City's contractor flled, a claim against the City for undo cost incurred due to the delays. All agreements between the Developer and the City have expired and City Council per staff's recommendation has found the Developer and Surety to be in default. The Developer's Surety at a mandatory settlement hearing has agreed to compensate the Ctty's Contractor in an amount agreed to by both parties CITY COUNCIL STAFF REPORT PM 11394/TR 13886 - BAI~AKIAN CO FEBRUARY 16, 1994 PAGE 2 provided the City releases the Performance Bonds for the private improvements (Bond # 9832305) and the publtc improvements (Bond # 9831165). No work was started on the private improvements and the only public improvement work started (and completed) was the main line storm drain. The main llne storm drain once started had to be completed, due to the extreme negative impact on vehicular traffic using Base Line Road. All other public improvements required have little or no impact on vehicular traffic using Base Line Road or Ettwanda Avenue. Therefore, staff contends that the compl etion of the requi red improvements I s not necessary at this time. The project still remains in its undeveloped state and can not be developed until the Developer (or a Developer) submits a new application to the City for approval. At that time the uncompleted improvements will be a condition of approval. Staff has conferred with City legal council and City legal council concurs that this is acceptable. Therefore, it is reco,mended that City Council accept the completed main line storm drain into the Ctty's maintained system and tel ease the Private Improvement and Publ lc Improvement Performance Bonds. Parcel Map 11394/Tract 13886 - located at the northwest corner of Base Line Road and Ettwanda Avenue. DEVELOPER: The Bannakian Company 8560 Vineyard Avenue, Suite 510 Rancho Cucamonga, CA 91730 Rol ease: Faithful Performance Bond (Publtc Street) $48,000.00 Faithful Performnce Bond (Private Street) $60,000.00 City Engineer WjO:MP:dlw Attachment RESOLUTION .o. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MAIN LINE STORfq DRAIN PUBLIC I/qPROVEMENTS FOR PARCEL/qAP 11394/TRACT 13886 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORI( WHEREAS, the construction of ~4ain Line Storm Drain publ lc improvement have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work compl ere. NOW, THEREFORE, the City Council of the City of Rencho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. CITY OFRANCHOCUCAMONGA ~z- STAFF REPORT .' DATE: February 16, 1994 ~ TO: PRayor and Hembets of the City Council i~' ~' Jack Lam, AICP, City Hanager FROM: William d. O'Neil, City Engineer BY: Steve M. Gilliland, Public Works Inspector ~ SUBJECT: ACCEPTANCE OF IMPROVEMENTS, RELEASE OF BONDS AND NOTICE OF COIqPLETION FOR TI~ACT 14192-1, LOCATED ON THE EAST SIDE OF HELLIqAN AVENUE SOUTH OF 19TH STREET ~CINIX~TIOli: The required street improvements for Tract 14192-1 have been completed in an acceptable manner, and it is recommended that City Council accept said improvements, accept the Maintenance Guarantee Bond in the amount of $75,900, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the previously reduced Faithful Performance Bond in the amount of $75,900. BACXGROUND/AJIALYSIS Tract 14192-1 - located on the east side of Hellman Avenue south of Igth Street DEVELOPER: Hix Development 437 S. Cataract Avenue, Suite 3 San Dimas, CA 91773 Accept: Maintenance Guarantee Bond (Street) $75,900 Release: Previously Reduced Faithful Performance Bond (Street) $75,900 Respectfully ~ William J. O' City Engineer WjO:SMG:sd Attachment 100 RESOLUTIO, ,0.0.5.--( A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA!qONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14192-1 AND AUTHORIZING THE FILING OF A NOTICE OF COIqPLETION FOR THE WORK ~4HEREAS, the construction of public Improvements for Tract 14Z92-I have been completed to the satlsfactlon of the CIty Engineer; and 14HEREAS, a Notke of Completion Is required to be filed, certifying the work complete. NOLO, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work fs hereby accepted and the CIty Engineer fs authorlzed to stgn and ftle a Nottce of Completion wtth the County Recorder of San Bernardlno County. 101 ORDINAliCE NO. 519 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAI~ONGA, CALIFORNIA, A-MENDING SECTION 10.20.020 OF THE RANCHO CUC/V4ONGA CITY CODE REGARDING PRII(A FACIE SPEED LIMITS ON CERTAIN CITY STREETS A. Recitals (i) Call fornia Vehicle Code Section 22357 Provides that this City Council may, by ordinance, set prima facie speed limits upon any portion of any street not a state highway. (ii) The City Traffic Engineer has conducted an engineering and traffic survey, of certain streets within the City of Rancho Cucamonga which streets as specified in Part B of this Ordinance. (iii) The determinations concerning prima facie speed limits set forth in Part B, below, are based upon the engineering and traffic survey identified in Section A (ii), above. B. Ordinance NOW, THERF~cORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCA/4ONGA DOES HEREBY ORDAIN AS FOLLOWS: Section I Section 10.20.020 hereby is amended to the Rancho Cucamonga City Code to read, in words and figures, as follows: 10.20.020 Decrease of state law maximum speed. It is determined by City Council resolution and upon the baSiS of an engineering and traffic investigation that the speed permitted by state law is greater than is reasonable or safe under the conditions found to exist upon such streets, and it is declared that the prima facie speed limit shall be as set forth in this section on those streets or parts of streets designated in this section when signs are erected giving notice hereof: Declared Prima Facte Name of Street or Portion Affected Speed Limit (MPH) 1. Archibald Ave. - Banyan St. to north end 50 2. Archibald Ave. - 4th St. to Banyan St. 45 3. Arrow Rt. - Baker Ave. to Haven Ave. 45 4. Baker Ave. - 8th St. to Foothill Blvd 35 5. Banyan St. from Beryl St. to London Ave. 35 ; 6. Banyan St. - Haven Ave. to Rochester Ave. 45 7. Banyan St. from west City Limits to Beryl St. ' 40 8. Base Line Rd. - west City limits to Carnelian St. 45 9. Base Line Rd. - Carnelian St. to Hermosa Ave. 40 102 Declared Prima Facie Name of Street or Portion Affected Speed Limit (MPH) 10. Base Line Rd. - Hermosa Ave. to Spruce Ave. 45 11. Beryl St. - Banyan St. to end 45 12. Beryl St. - 800' N/o Lemon Ave. to Banyan St. 40 13. Canistel Ave. - Wilson Ave. to Antietam Dr. 35 14. Carnelian St. - Vineyard Ave. to end 45 15. Center Ave. - Foothill Blvd. to Church St. 40 16. Church St. - Archibald Ave. to Haven Ave. 40 17. Church St. - Haven Ave. to Millikan Ave. 45 18. East Ave. - Base Line Rd. to Highland Ave. 45 19. 8th St. - Grove Ave. to Haven Ave. 45 20. Etiwanda Ave. - Foothill Blvd.. to 24th St. 45 21. Fairmont Dr. - Highland Ave. to Millikan Ave. 35 22. Fatrmont Dr. - Millikan Ave. to Victoria Park Ln. 35 23. Fredricksburg Ave. - Banyan St. to Seven Pines Dr. 35 24. Grove Ave. - 8th St. to Foothill Blvd. 40 25. Haven Ave. - 4th St. to Hillside Rd. 45 26. Hellman Ave. - Foothill Blvd.. to Alta Loma Dr. 35 27. Hellman Ave. - 500' N/o Manzanita Dr. to Valley View 40 28. Hellman Ave. - 6th St. to Foothill Blvd. 45 29. Hermosa Ave. - Base Line Rd. to Wilson Ave. 45 30. Hermosa Ave. - Wilson Ave. to Sun Valley Or. 40 31. Hermosa Ave. - 8th St, to Base Line Rd. 45 32, Highland Ave. - Sapphire St. to Carnelian St. 40 33. Highland Ave, - Amethyst St. to Hermosa Ave. 35 34. Highland Ave. - Hermosa Ave. to 800' W/o Haven Ave, 45 35. Hlllstde Rd. - Ranch Gate to Amethyst St. 35 36, Htllstde Rd. - Amethyst St, to Haven Ave. 40 37. Hillside Rd. - Haven Ave. to Canistel Ave. 35 38, Hillview Loop - Vintage Dr. to Vintage Dr, 30 39, Kenyon Way - Nilliken Avenue to Victoria Park Ln, 35 40. Lark Dr, - Kenyon Way to Rochester Ave, 35 41. Lemon Ave. - Jasper St. to Beryl St. 35 42, Lemon Ave. - Archibald Ave. to Haven Ave. 40 43. Lemon Ave. - Haven Ave. to Highland Ave. 40 103 Declared Prima Facie Name of Street or Portion Affected ~eed Limit (MPH) 44. /~anzanita Dr. - Hermosa Ave. to Haven Ave. 35 45. Ftountain View Dr. - Spruce Ave. to Milliken Ave. 40 46. Netherlands View Loop - Vintage Dr. to Vintage Drive. 30 47. gth St. - Baker Ave. to Archibald Ave~ 40 48. Red Hill Country Club Dr. - Foothill Blvd. to Alta Cuesta 35 49. Rochester Ave. - Foothill Btvd. to Base Line Rd 40 50. San Bernardino Rd. - Vineyard Ave. to Archibald Ave 35 51. Sapphire St. - Banyan St. to end 45 52. Sapphire St. - 19th St. to Lemon Ave. 40 53. 7th St. - Hellman Ave. to Archibald Ave. 45 54. Sierra Crest View Loop - Vintage Dr. to Vintage Dr. 30 55. Spruce Ave. - Foothill Blvd. to Base Line Rd. 40 56. Sunmnit Ave. - Etiwanda Ave. to East Ave. 45 57. Terrace View Loop - Vintage Dr. to Vintage Dr. 30 58. Tetra Vista Parkway - Church St. to Milliken Ave. 40 59. Victoria St. - Archibald Ave. to Ramona Ave. 35 60. Victoria St. - Etiwanda Ave. to Rt. 15 40 61. Victoria St. - Haven Ave. to Mendoclno P1. 40 62. Victoria Park Ln. - Fairmont Way to Base Line Rd. 35 63. Victoria Windrows Loop (north & south) 35 64. Vineyard Ave. - Church St. to Base Line Rd. 40 65. Vineyard Ave. - 8th St. to Carnelian Ave. 45 66. Vintage Dr. - Nilliken Ave. to east end 35 67. Whittram Ave. - Etiwanda Ave. to east City limits 40 68. Wilson Ave. -/aethyst Ave. to Haven Ave. 45 69. Wilson Ave. - Haven Ave. to 200' east of Canistel Ave. 40 (Ord. 169 Section I (part), 1982; Ord. 39 Section 5.1, (1978). Rancho Cucamonga 5/82 124 (i) Both sixty-five (65) miles per hour and fifty-five (S5) miles per hour are speeds which are more than are reasonable or safe; and (ii) The miles per hour as stated are the priam facie speeds which are most appropriate to facilitate the orderly movement of traffic and are speed limits which are reasonable and safe on said streets or portions thereof; and (tit) The miles per hour stated are hereby declared to be the prima facie speed limits on said streets; and (iv) The Traffic Engineer is hereby authorized and directed to install appropriate signs upon said streets giving notice of the prima facie speed limit declared herein. Section 2 The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. Section 3 The r4ayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Inland Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga. 105 PASSED, APPROVED, and ADOPTED this 2nd day of February, lgg4. AYES: NOES: ABSENT: ATTEST: Dennis L. 5tout, Mayor Debra J. Adams, City Clerk I, DEBRA j. ADAHS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamenga held on the 2rid day of February, 1994, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 18th day of February, 1994. Executed this 19th day of February, 1994, at Rancho Cucamonga, Callfornia. Debra J. Adam, City Cleric 106 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 16, 1994 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Suzanne Ota, Community Services Manager SUBJECT: RECOMMENDATION TO APPROVE AN ORDINANCE OF THE CITY COUNCIL ESTABLISHING A PUBLIC MUNICIPAL LIBRARY IN AND FOR THE CITY OF RANCHO CUCAMONGA RECOMMENDATION It is recommended that an ordinance of the City Council of the City of Rancho Cucamonga be approved to establish a public municipal library in and for the City of Rancho Cucamonga. BACKGROUND/ANALYSIS The City of Rancho Cucamonga has officially withdrawn from the San Bernardino County Library System. The ordinance determines that it is in the public interest, necessity, convenience and general welfare that a public municipal library be established. The public municipal library shall be known as the "Rancho Cucamonga Public Library" and shall be established pursuant to Education Code Section 18900 et seq. The ordinance also provides that the public library shall be managed by a Board of Library Trustees to be appointed by the Mayor and City Council pursuant to Education Section 18000 et seq. /t~~it~t~ervices Manager SO/kls Attachment ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING PUBLIC MUNICIPAL LIBRARY IN AND FOR THE CITY OF Pj%NCHO CUCAMONGA The City Council of the City of Rancho Cucamonga DOES HEREBY ORDAIN AS FOLLOWS: Sec. 1. Need for and Establishment of a Public Municipal Library. The City of Rancho Cucamonga has determined that the public interest, necessity, convenience and general welfare of the City of Rancho Cucamonga require a public municipal library. The City of Rancho Cucamonga has determined that a municipal library should be established in the City of Rancho Cucamonga pursuant to Education Code Section 18900 et seq.; and the City of Rancho Cucamonga has withdrawn from participation in the San Bernardino County Free Library System pursuant to Title I, Division 1, Chapter 6, Article 1 Of the Education Code, which was a necessary prerequisite to the establishment of a public municipal library pursuant to Title I, Division 1, Chapter 5, Article 1 of the Education Code. Therefore, a public municipal library is hereby established in and for the City of Rancho Cucamonga pursuant to Section 18000 et seq. of the Education Code in order to adequately provide for the present and future needs of the residents of the City of Rancho Cucamonga. Sec. 2. Environmental Assessment In addition to the foregoing, the City Council finds and determines that it can be seen with certainty that there is no possibility that the adoption and implementation of the Ordinance will have a significant effect on the environment. ORDINANCE OF THE CITY OF RANCHO CUCAMONGA Page 2 sec. 3. OrGanization of Public Municipal Library. The public municipal library shall be known as the "Rancho Cucamonga Public Library." The public library shall be managed by a Board of Library Trustees, consisting of five (5) members, to be appointed by the Mayor and the City Council. The trustees shall hold office for three (3) years, and vacancies shall be filled by appointment by the Mayor and the City Council. The Board of Library Trustees shall meet at least once a month at such times and places as they may set by resolution. At such meeting the Board shall cause a proper record of its proceedings to be kept. The Board shall also appoint one of its members President, who shall serve for one year and until his/her successor is appointed, and in his/her absence shall select their President Pro Tem. Sec. 4. Board of Library Trustees - Powers and DUties. The Board of Library Trustees shall have the powers, duties and authorities now and hereafter provided for by Education Code Section 18900 et seq. CITY OF RANCHO CUCAMONGA -~-, STAFF REPORT DATE: February 15, 1994 ~ - TO:. Mayor and Members of the City Council Jack Lain, AICP, Executive Director FROM: Linda D. Daniels, Redevelopment Manager BY.' Olen Jones, Senior Redevelopmerit Analyst SUBJECT: APPROVAL OF THE SOURCES OF PAYMENT FOR THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY'S SHARE OF THE STATE BUDGET DEFICIT REDUCTION (EDUCATIONAL REVENUE AUGMENTATION FUND) FOR FISCAL YEAR 1993/94, TOTALING $1,112,793.96. RECOMMENDATION Approve the sources of payment for the Redevelopment Agency's share of the State Budget Deficit Reduction, and authorize staff to inform the County Auditor/Controller, pursuant to State requirements. The 1993 Budget Act for the State of California requires every redevelopment agency in the State to pay into the Educational Revenue Augmentation Fund (ERAF), to reduce State support of local education. Statewide, redevelopment agencies are required to pay $65 Million into the ERAF, to support schools and community colleges. Rancho Cucamonga's total liability is $1,112,793.96. The budget act legislation requires that each redevelopment agency notify the County Auditor/Tax Collector by March 1, 1994, as to how it intends to fund its obligation. The Agency will make its payment to the ERAF from the following sources on a proportional basis: Fund 22/Regional Facilities Tax Increment $278,226.00 Fund 25/Fire Fund Tax Increment 100,161.00 Fund 13/Central Park Bond Proceeds 734,406.96 TOTAL PAYMENT $1,112,793.96 The bond proceeds allocated from Fund 13, will not impact the $6.2 Million budget for the new Interim Library Facility. However, with the completion of the Interim 110 February 16, 1994 Staff RepoR - FY 93/94 ERAF Page 2 Library Facility and this payment to the ERAF, no bond proceeds will remain in Fund 13. This is a two year requirement (Fiscal Years 1994/95 and 1995/96), resulting in a loss of revenue totaling $2,225,587.92 for these two years. This $2.2 Million ERAF payment will bring the total contribution towards redudng the State's budget defttit by the Rancho Cucamonga Redevelopment Agency to over $5.6 Million over the three year period. The savings from reduced debt service on the Agency's recently refinanced tax allocation bonds will enable the Agency to meet next year's ERAF obligation. ,R~3pec~tfully submitted, .  aniel~s~ ~ Deputy Director 111 CITY OF RANCHO CUCAMONGA --". ',, STAFF REPORT ' DATE: February 16, 1994 . TO: Mayor and Members of the City Courtall Jack Lain, AICP, City Manager FROM: Robert C. Dominguez, Administrative Services Director SUBJECT: CONSIDERATION OF A POLICY REGARDING GIFTS AND GRATUITIES - CITY AND FIRE DISTRICT RECOMMENDATION It is recommended that the City Council consider a proposed policy regarding gifts and gratuities which would affect both City and Fire District personnel. BACKGROUND At the February 2, 1994, City Council meeting, staff was directed to return with a draft policy regarding gratuities at the next council meeting. A proposed policy has been drafted which takes into account common occurrences which occur throughout the year, and in particular during the holiday season. Input regarding the proposed policy was received from the Fire District and from surrounding jurisdictions that have existing policies regarding gifts and gratuities. The language contained is commonly used throughout the policies of most munidpalities in this area. It should be noted that the policy does provide some discretion by the department head with regard to the disbursement of gifts and gratuities to employees. The policy is submitted in draft format so that it may be amended, added to, detracted from, or approved as it stands. Respectfully submitted, Admin es Director RCD/dah attachment 112 CITY/FIRE DISTRICT POLICY GIFTS AND GRATUITIES Purpose: To provide guidance for employees when in the course of their work offers of gifts, favors, or gratuities may be made. Policy: It shall be the policy of the City/District to disallow any official or employee from accepting any gift, whether in the form of service, loan, thing, or promise from any person, firm, or corporation, other than that paid by the City/District. No official or employee: 1. Shall accept any gift, favor, money, or thing of value (including free meals or offers of discount not available to the general public or to all employees). 2. Shall grant in the discharge of duties any improper favor, service, or thing of value. 3. Shall permit delivery at the work site (office or City/District fadlity) any gift or thing of value. Any acceptance shall be with the approval of the department head. 4. Shall use their official position to solicit special privileges for themselves or others. Tokens of appredation or modest gifts given in appreciation such as flowers, candy, homemade foods, and similar items can be accepted with the approval of the department head. Further, the solicitation of donations for City/District programs shall be allowed when duly authorized and approved by the City/District. 113 City/District Policy Gifts and Gratuities Page 2 It is not the intent of this policy to offend well-intentioned members of the community, but rather to permit an opportunity for members of the City/District to enjoy sincere offers of appreciation without apprehension concerning the intent of a gift. RCD/dah 114 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 16, 1994 .~. TO: Mayor and Members of the City Council FROM: Jack Lam, AICP, City Managerdf'j]~Z SUBJECT: SETTLEMENT AGREEMENT ON BOOKING FEES AND ADOPTION OF THE AMENDED LAW ENFORCEMENT CONTRACT WITH SAN BERNARDINO COUNTY RECOMMENDATION That the City Council approve and authorize the Mayor to sign the Settlement Agreement on Booking Fees and the Amended Law Enforcement Contract with San Bernardino County, BACKGROUND The cities in San Bernardino County have been involved in a protracted lawsuit with San Bernardino County regarding the payment of Booking Fees. The adoption of SB 2557 in July of 1990, enabled counties to retroactively charge cities and other entities for expenses incurred after July 1, 1990, in connection with the booking or other processing of persons arrested by employees of the cities and other entities. Government Code Section 29550 requires that the amount of the fee not exceed the actual administrative cost, including applicable overhead costs as permitted by Federal Circular A-87 standards, incurred in booking or otherwise processing those arrested persons. In January of 1991, the County adopted Ordinance No. 3428 charging each city a criminal justice administrative fee, retroactive to July 1, 1990, in the amount of $122.90 for each designated booking performed by the County in connection with arrests made within the jurisdictional boundaries of the respective city. If the fees were not paid by the city, the County began withholding property taxes for payment. In March of 1991, the cities filed suit against the County challenging the validity of Ordinance No. 3428 and therefore the San Bemardino Superior Court issued a temporary restraining order and issued a preliminary injunction, prohibiting the Counb/from unilaterally withholding property taxes. In October of 1991, the lawsuit was added on to Judicial Counsel Coordination Proceeding No. 2584, wherein several cities in the State challenged the legality of Government Code Section 29550 and actions taken by their respective counties in connection therewith. In September of 1992, the court in the Coordinated Proceeding that had previously upheld the validity and constitutionality of criminal justice administrative fees, entered an order providing that the Contract Cities of San Bernardino County were exempt from payment of any such fee under the language of their contracts with the County for law enforcement services. This derision is currently on appeal by the County. Cities have refused to sign the new contracts, and subsequently, County officials threatened to recommend discontinuing of law enforcement services to the Contract Cities if the language of the contracts was not changed to permit the County to collect both the contract amount and the criminal justice administrative fee from the Contract Cities. 115 SETTLEMENT AGREEMENT ON BOOKING FEES & LAW ENFORCEMENT CONTRACT February 16, 1994 Page 2 After two years of negotiations, the attached agreement has been reached by the Contract Cities and the County for the purpose of resolving many of the issues addressed in the lawsuit without further costly litigation. The remaining issue to be settled by the court will be the actual amount that the County may charge for the criminal justice administrative fee. The proposed agreement specifies: 1. For bookings occurring between July 1, 1990 and December 31, 1993, the Contract Cities shall pay a criminal justice administrative fee in the amount of $61.45 (50%) for each booking. 2. For bookings occurring after December 31, 1993, the Contract Cities shall pay a criminal justice administrative fee in the amount of $122.90. This amount may be amended pending the Court's decision and the effect of Assembly Bill 2286 which requires the County to recalculate the criminal justice administrative fee. If the County Booking Fee is reduced, the cities will be credited for the difference and vice-versa. As a result of this agreement, the Contract has been modified to reflect payment of the booking fees beginning January 1, 1994. The following reflect some of these revisions within the new contract: 1. Section II - Subsections G and H were deleted from the contract. Subsection G listed language which stated that jail facilities and services would be part of the contract. Subsection H states that the Sheriff will provide all of the law enforcement services in the City that are customarily provided in the unincorporated areas. (These changes appears to subject cities to the booking fee as does the new paragraph that follows.) "Nothing in this contract is intended to alter the effect of any statute or county ordinance related to fees for housing of inmates detained for City ordinance violations or for criminal justice administrative fees (Government Code 29550, San Bernardino County Code 16.027A). The City will be separately billed for those items." 2. Section IV - In the first paragraph, the language has changed between the old and new contracts; however, the intent of the language to provide for payment of the contract on a monthly basis is still the same. 3. Section IV - Language was added to the first paragraph which would charge simple interest to Cities on past due balances owed the County. The contract calls for payments to be made to the County by the 5th of the month. The new language would charge interest on amounts owed the County that are outstanding 60 days after they are due. (This will not have any impact on the Rancho Cucamonga since we remit on a timely basis.) 4. Section IV - In the second paragraph and fourth line of the new contract the words "agents" and "volunteers" are added to the list of County personnel that the City will hold harmless in respect to any action taken in enforcing a City ordinance. (This change takes into account the Citizen's Patrol and the Reserves.) 5. SectiOn V - The first paragraph has been changed within the old contract. The old contract allowed for the agreement to be canceled by either party at any time without cause with 180 days notice. The new agreement provides for one year termination no~.ce. 116 SETTLEMENT AGREEMENT ON BOOKING FEES & LAW ENFORCEMENT CONTRACT February 16, 1994 Page 3 6. Section VII - In the second paragraph in the fourth line of the new contract language has been added that specifically refers to but does not limit the contract to application of the provisions of Penal Code Section 1463 in defining arrests by SherifFs Deputies as officers employed by the City. (This change appears to support the County's Booking Fee position.) JL/d~a Attachments: Proposed Settlement Agreement Revised Law Enforcement Contract Old Contract 117 SETTLEHENT AGREEMEN~ THIS SETTLEMENT AGREEMENT (hereinafter referred to as "the Agreement") is entered into as of the day of 199__, by and between the TOWN OF APPLE VALLEY, CITY OF BIG BEA~ LAKE, CITY OF GRAND TERRACE, CITY OF HESPERIA, CITY OF HIGHLAND, CITY OF LOMA LINDA, CITY OF NEEDLES, CITY OF RANCHO CUCA~ONGA, CITY OF TWENTYNINE PALMS, CITY OF VICTORVILLE, and CITY OF YUCAIPA (hereinafter referred to as "the Contract Cities") and the COUNTY OF SAN BERNARDINO (hereinafter referred to as "the County"). RECITALS A. The Contract Cities are cities duly organized and existing under the laws of the State of California and are located within the jurisdictional boundaries of San Bernardino County. B. The County is a county duly organized and existing as a political subdivision of the State of California. C. The County and the Contract Cities have entered into separate agreements wherein the County provides law enforcement services to the Contract Cities pursuant to the terms thereof. D. On or about July 1, 1990, Senate Bill 2557 was signed by the Governor of the State of California as a non-urgency measure. Senate Bill 2557 was subsequently codified as California Government Code Section 29550, and became effective January 1, 1991. Pursuant to Government Code Section 29550, counties were authorized to retroactively charge cities and other entities for expenses incurred after July 1, 1990, in connection with the booking or other processing of persons arrested by employees of the cities and other entities. Government Code Section 29550 requires that the amount of the fee not exceed the actual administrative costs, including applicable overhead costs as permitted by federal Circular A-87 standards, incurred in booking or otherwise processing those arrested persons. E. Pursuant to Section 29550 of the Government Code, on or about January 14, 1991, the County adopted Ordinance No. 3428 (County Code Section 16.027A) authorizing the County to charge each Contract City a criminal Justice administrative fee, retroactive to July 1, 1990, in the amount of S122.90 for each designated booking performed by the County in connection with arrests made within the jurisdictional boundaries of the respective Contract City. F. On or about February 13, 1991, the County began charging each Contract City a criminal Justice administrative fee pursuant to the provisions of Ordinance NO. 3428 (County Code Section 16.027A). If said fees were not paid, the County thereafter began 118 withholding certain funds from the Contract Cities for the payment thereof. G. On or about March 15, 1991, the Contract Cities filed suit against the County in the Superior Court Of San Bernardino County, Case Number 262309 (hereinafter referred to as "the Lawsuit"), challenging the validity of Ordinance No. 3428. H. On May 14, 1991, the San Bernardino Superior Court issued a temporary restraining order, and on May 28, 1991, issued a preliminary injunction, prohibiting the County from unilaterally withholding any criminal Justice administrative fees which had been disputed by the Contract Cities under Government Code Section 907 from certain funds which were due and owing to the Contract Cities. I. On or about October 17, 1991, the Lawsuit was added on to Judicial Counsel Coordination Proceeding No. 2584 (hereinafter referred to as "the Coordinated Proceeding") wherein several cities within the State of California challenged the legality of Government Code Section 29550 and actions taken by their respective counties in connection therewith. J. On or about September 1, 1992, the court in the Coordinated Proceeding that had previously upheld the validity and constitutionality of criminal Justice administrative fees entered an order providing that the Contract Cities were exempt from payment of any such fee under the language of their contracts with the County for law enforcement services. K. The County has threatened to discontinue providing law enforcement services to the Contract Cities if the language Of the contracts is not changed to permit the County to collect both the contract amount and the criminal Justice administrative fee from the Contract Cities. L. With the concurrence of representatives from the Contract Cities, the County has prepared an Amended Law Enforcement Service Contract for signature by the Contract Cities. M. The County and the Contract Cities desire to enter in this Agreement for the purpose of resolving many of the issues addressed in the Lawsuit without any further litigation, and are entering into this Agreement for said purpose. This Agreement shall never be treated or otherwise construed as an admission of liability by any party for any purpose. COVENANTS NOW THEREFORE, in consideration Of the preceding Recitals and the mutual Covenants contained herein, the parties hereto agree as follows: 2 119 1. Settlement of Lawsuit. This Agreement shall resolve all issues addressed in the Lawsuit except the proper amount of the criminal justice administrative fee imposed by the County. Any judgment and/or order entered by the court in the Coordinated Proceeding or in the Lawsuit shall not be inconsistent with the terms of this Agreement insofar as said judgment and/or order would apply to the parties hereto. The parties hereto agree to seek a stipulated judgment in the Coordinated Proceeding and in the Lawsuit that is consistent with this Agreement and that will reference and/or incorporate this Agreement. The County agrees not to appeal the decision of the Coordination Court exempting the Contract Cities from the payment of a criminal justice administrative fee pursuant to the language of their contracts with the County for law enforcement services. 2. Invalidation of Criminal Justice Administrative Fc~. Notwithstanding Section 1 Of this Agreement, if a final decision of a state or federal court, including any applicable appellate court decision, holds that the underlying California Goverrunent Code Section 29550 is invalid, or otherwise rules that the County may not impose a criminal Justice administrative fee, Or if subsequent state or federal legislation repeals or removes the authority of the County to charge a criminal Justice administrative fee, the Contract Cities shall not be obligated to pay any criminal Justice administrative fee, including those fees agreed to in this Agreement, for any arrests made after the effective date of said final decision. Except as set forth above, this paragraph shall not apply to the Amended Law Enforcement Service Contract. 3. Payment of Criminal Justice Administrative Fees. Subject to Section 2 of this Agreement, the Contract Cities shall pay to the County a criminal Justice administrative fee as set forth below: a. Bookinqs Occurrinq Between July 1, 1990, and December 31, 1993. Subject to the provisions of Section 5 of this Agreement, each Contract City shall pay a criminal Justice administrative fee in the amount of 861.45 for each booking or other processing performed by the County in connection with arrests made within the Jurisdictional boundaries of the respective Contract City for which such a fee is imposed by Ordinance No. 3428 (County Code Section 16,027A) for the time period between July 1, 1990, and December 31, 1993. Upon execution of this Agreement, the County shall calculate the amount owed by each Contract City accordingly and shall bill each Contract City separately. Except for specific challenges contending that a particular booking or other processing charge is not properly allocable to the challenging Contract City under the provisions of Ordinance No. 3428 (County Code Section 16,027A) Or the County's substantial non- compliance with the terms of this Agreement, said bill shall be payable within sixty (60) days of receipt by the Contract City. Any funds withheld by the County for payment of the criminal 3 justice administrative fee prior to the court's issuance of the restraining order in the Lawsuit shall be credited to the aPPropriate Contract City and reflected in the County's invoice. The appropriate Contract City shall also be credited for any criminal justice administrative fees which it has voluntarily paid to the County. b. Bookinqs Occurrinq After December 31, 1993. Subject to the provisions of Sections 4 and 5 of this Agreement, each Contract City shall pay a criminal Justice fee in the amount of S122.90, or an amount as recalculated pursuant to Sections 4 and 5 of this Agreement or as otherwise mandated by subsequent State legislation, for each booking or other processing performed by the County in connection with arrests made within the jurisdictional boundaries of the respective Contract City after December 31, 1993, for which such a fee is imposed by Ordinance No. 3428 (County Code Section 16.027A). Said fees shall be paid within the time set forth in the County invoice. Nothing herein shall be treated as a waiver of the ability of the Contract Cities to contest any recalculation of the County's criminal Justice administrative fee. 4. Effect of Assembly Bill 2286. Assembly Bill 2286 amends Sections 29550, 29550.1, and 29550.2 of the California Government Code such that the County will be required to recalculate the amount of its criminal Justice administrative fee. If the effect of Assembly Bill 2286 is to reduce the County's criminal Justice administrative fee to an Mount below S122.90 per booking, the application of said reduced fee shall be retroactive to January 1, 1994, and the Contract Cities shall be credited accordingly. If the effect of Assembly Bill 2286 is to increase the County's criminal justice administrative fee to an amount above S122.90 per booking, the application of said increased fee shall not take effect until the effective date of the County's ordinance approving said increase. Nothing herein shall be treated as a waiver of the ability of the Contract Cities to contest the County's recalculation of its criminal Justice administrative fee pursuant to Assembly Bill 2286. 5. Effect of Coordinated proceedin, i. The court in the Coordinated Proceeding has bifurcated the issue of the scope and amount of the criminal justice administrative fee. The court apparently envisions a two-step process whereby the court will first develop an appropriate formula for calculating the criminal Justice administrative fee, and then examine that formula as applied to each county. Trial on the first phase has been set for March of 1994. If, as a result of the final decision in the Coordinated Proceeding, the amount of the County's criminal justice administrative fee is reduced, the application of said reduction shall be retroactive to January 1, 1994, and the Contract Cities shall be credited accordingly. If, as a result of the Coordinated Proceeding, the amount of the County's criminal Justice 4 administrative fee is reduced to an amount below $61.45 per booking, the application of said reduced fee shall be retroactive to July l, 1990, and the Contract Cities shall be credited accordingly. The'Contract Cities agree that they will seek no relief in the Lawsuit or Coordinated Proceeding except as to the proper amount of the criminal justice administrative fee charged by the County. 6. Execution of Amended Law Enforcement Service Contract. Concurrently with the execution of this Agreement, the Contract Cities agree to enter into an Amended Law Enforcement Service Contract with the County effective January 1, 1994, which contract was developed as indicated in Recital "L" of this Agreement. The Contract Cities shall comply with the terms of this Agreement notwithstanding any inconsistent provision Or provisions of said Amended Law Enforcement Service Contract. 7. Amendments. This is an entire agreement and supersedes all prior agreements oral or written between the parties, and their agents, and cannot be amended unless in writing, with specific reference hereto by the parties authorized to be charged. Failure by any party to enforce any provisions shall not constitute a waiver of said party's rights to enforce subsequent violation of the same or any other provisions. 8. Inurement. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties. 9. Captions. The captions of Sections and Subsections of this Agreement are for reference only and are not to be construed in any way as part of this Agreement. 10. Validity. This Agreement shall be construed in accordance with the laws of the State of California. 11. Severability. If any section, clause or phrase of this Agreement is for any reason held to be unconstitutional or unlawful, such a decision shall not effect the validity of the remaining portions Of this Agreement. 12. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be a part of the original. 13. Fees and Expenses. Each party to this Agreement shall bear their own attorneys' fees and expenses. 5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers as of this date first above written. Dated: 1994 CITY OF RANCHO CUCAMONGA By: Title: Dated: , 1994 COUNTY OF SAN BERNARDINO Chairman, Board of Supervisors 13 FOR COUNTY USE ONLY SC' iAi --2'-.~1_~ ! Cance~l I Sl~- S~ ~ ~ ~, D~ ~ZS~ 387-3660 ~ $7,588,~4.00 CounW of San Bernardino F A S ~ S~ J 9~0 ~ 9565 ~ ~ 9609565~ STANDARD CONTRACT ~ FY ~o~t Prolect Name 94 7,588, CO~CT ~W T~S CONTRACT ~s emered into m the State of Ca~ffomm by ~nd between ~he Co~my of San Bemammo, ~emm~her c~Hed CI~ OF ~O ~O~ beremRhe~ c~Hed ~0500 CI~C ~ ~CHO ~ON~, ~ 9~730 T~elS HEREBY AGREED AS FOLLOWS: space below and a~dir~onal bond sheets, Set forth service to be rendered. amount to be paid. manner of payment. time for z~erformance or comp/etlon, AMENDED LAg DIPORCE~NT SERVICE CONTRACT VHEREAS, CITY and COUNTY desire to provide by contract for performance of lay enforcement services vithin the territorial boundaries of CITY; NOV, THEREFORE, IT IS AGREED AS FOLLOWS: I. COUNTY shall provide, through the Sheriff of San Bernardino County (hereinafter referred to as "Sherifle), lay enforcement vithin the corporate limits of CITY as same nov exist, or as such limits may be modified by annexation or exclusion during the term of this agreement. II. The lay enforcement services to be provided by COUNTY and furnished to CITY hereunder shall include: 02,12311-O00Rev, 11190 A. Enforcement of state statutes; 8. Enforcement of ordinances of CITY of the type customarily enforced by the Sheriff within the unincorporated territory of the County; C. Traffic enforcement, with the exception of such traffic enforcement as may be provided by the California Highway Patrol on the freeway traversing CITY; D. Detective, juvenile, and other specialized services such as arson, homicide, and narcotics enforcement; E. Attendance at meetings of the City Counsel of CITY and such other meetings of commissions or boards of CITY as CITY may specify. III. Services to be provided by COUNTY shall include Sheriff's personnel and automobiles as specified in Schedule "A" for law enforcement services. Those personnel and automobiles are to be assigned at the discretion of the Sheriff based on the needs of the community. The services to be provided by COUNTY hereunder shall also include all equipment (including repairs thereto or depreciation thereon), supplies, communications, administration, labor, vacation, and sick leave, any COUNTY retirement contributions, gasoline, oil, and traveling expenses and all other services, obligations or expenditures necessary or incidental to the performance of the duties to be performed by Sheriff under the terms of this agreement. There shall be no reduction in COUNTY compensation under this agreement foc normal downtime of vehicles. In all instances where special supplies, stationary, notices, forms, and the like are to be issued in the name of CITY and approved by the Sheriff, the same shall be supplied by CITY at its own cost and expense. Nothing in this contract is intended to alter the effect of any statute or COUNTY ordinance related to fees for housing of inmates detained for CITY ordinance violations or for criminal Justice administrative fees (Government Code Section 29550, et seq., San Bernardino County Code Section 16.027A). The CITY viii be separately billed for those items. IV. In consideration for COUNTY'S furnishing and performance of all the services provided for herein, CITY shall pay to COUNTY, upon contract approval, the sum as per Schedule "A," attmehad per year, payable in monthly installments at the beginning of each calendar month during the period of this a~reement. Payments shall be due by the fifth day of each month for that same month's services. Payments received after sixty (60) days of when due shall include simple interest after the 60th day against the amount owing, calculated at the COUNTY'S then current investment pool rate. Said sum is subject to adjustment for any salary increases or fringe benefits which may be granted by the Board of Supervisors to Sheriff's employees. The actual cost of overtime, court appearances, and travel expenses will be billed quarterly. PAGE 2 of 6 COUNTy shall have the right to renegotiate the rate for services performed under this agreement at the end of each fiscal year, and said rate may be adjusted upward or donward to reflect the actual cost. CITY is responsible for the validity of its ordinances, including any ordinances or codes incorporated by reference in CITY'S ordinances, and CITY shall defend, hold harmless, and indemnify COUNTY, its officers and employees with respect to any lawsuit or action challenging the validity of a CITY ordinance or with respect to any allegation that any arrest, citation, or other action taken by COUNTY, its officers or employees was taken under an invalid CITY ordinance, except in those cases where the invalidity of such ordinance is the result of actions by the Sheriff's Department. Otherwise than is stated in this agreement, CITY shall not be obliged to pay, and assumes no liability for any cost, expenditure, charge, or liability whatsoever incurred by COUNTY in or related to the performance of the provisions of this agreement by COUNTY, and COUNTY shall, in consideration for the payment of the sums herein above provided to be paid by CITY to COUNTY, hold CITY harmless from any and all such costs, expenditures, charges, or liabilities except as otherwise provided in this agreement. CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sicka~ess arising out of his or her employment while engaged in the performance of this agreement by COUNTY. CITY shall hold COUNTY harmless for a reduction in lay enforcement services resulting from labor relation actions and CITY'S obligation to pay COUNTY shall be reduced for services not performed for that reason. V. The term of this contract shall be a period of time commencing on January 1, 1994, and terminating only as hereinafter provided. This agreement may be terminated at any time with or without cause by CITY or by COUNTY upon written notice given to the other at least one (1) year before the date specified for such termination. Any such termination date shall coincide with the end of a calendar month. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of such termination. In the event of termination of this agreement, the COUNTY shall refund any sum previously paid by CITY, which when prorated represents advance payment for months of service which are not performed as a result of such termination. Neither party shall incur any liability to the other by reason of such termination. Notwithstanding the foregoing, in the event the Sheriff provides any services to CITY on a holdover basis after the date of contract termination, CITY shall fully reimburse COUNTY for all costs of providing such services. COUNTY shall have the right to terminate this contract if CITY does not make timely payment of its obligations hereunder to COUNTY. PAGE 3 of 6 Any and all notices required to be given hereunder shall be given in writing by registered or certified mail, postage prepaid. The addresses of the parties hereto until further notice are as follows: CITY: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 COUNTY: San Bernardino County $heriff's Department Bureau of Administration P. O. Box 569 San Bernardino, CA 92402-0569 The standards of performance, the methods of performance, the discipline of officers, the control of personnel, the advancement in compensation of personnel, the determination of proper lay enforcement practices and procedures, and all other matters incidental to the manner of performance of services by Sheriff hereunder shall be determined by the Sheriff at his sole discretion. The responsibility of Sheriff and of COUNTY to CITY hereunder shall be to provide, as an independent contracting agency, effective law enforcement of the level herein contracted for, and the CITY shall not have the right to determine or direct the manner or means of the per formacre. VII. All persons directly or indirectly employed by COUNTY in the performance of the services and functions to be provided to CITY hereunder, shall be employees of COUNTY, and no COUNTY employees shall have CITY pension, civil service. or other status or right. Notvithstandin~ the foregoing, and in order to give official status to the performance of duties by Sheriff's personnel hereunder, every Sheriff's officer or employee engaged in performing any such service or function shall be deemed to be an officer of CITY while performing service for CITY within the scope of this agreement, and such service function shall be a municipal function. An arrest made by Sheriff's personnel while engaged in the perform~-~ce of this a~reement shall constitute an arrest by an officer employed by CITY, and not an arrest by COUNTY officer, within the meaning of Section 1463 of the Penal Code and any similar or relate~ statute. VIII. CITY shall have the right at any time and from time to time during the term of this agreement to request a higher level of law enforcement than that herein contracted for, and within a reasonable time after such requests, COUNTY shall provide such additional personnel and vehicles as may be required to provide such additional lay enforcement. PAGE 4 of 6 In such event, all provisions of this qreament with respect to compensation to paid by CITY shall remain in full force and effect, but in addition to payment of sums hartin provided, CITY shall pay COUNTY in monthly installments the cost of such additional lay enforcement service. IX. In the event of riot, civil commotion, or other emergency in the CITY which requires additional emergency or "hack-up" service, COUNTY shall provide the same. In the event of authorized public gatherings in the CITY requiring additional police services, salaries and related costs shall be borne by CITY, except where such authorized public gatherings occur on state or federal property within the CITY limits, such additional costs shall not be chargeable against the CITY. Not included in riots or related services are salaries or related costs of' additional police services for authorized public gatherings. In the event of such an emergency outside of the corporate limits of CITY, personnel or equipment assi2ned by Sheriff to the performance of COUNTY'S duties hereunder may be utilized by COUNTY in connection with such amer2ency, however no more than fifty percent (50~) of available personnel and equipment may be assigned outside the CITY boundaries without the mutual agreement of the Sheriff and the City sansget. In the event of a major emergency in the CITY and surrounding communities, Sheriff's personnel and equipment shall not be assigned outside the CITY boundaries at a level which would deter from the CITY'S ability to respond to the existing emergency. In cases where the City ~anaZer or his or her designee cannot be consulted prior to such deployment, such advisement must be to the City Mana~er's Office immediately or as soon as possible thereafter. In case the City Nana~er must be personally informed of the situation immediately or as soon as possible thereafter. The CITY shall be reimbursed for any resultant service not performed. To facilitate the performance of services hereunder by COUNTY, CITY, its officers, qents, and employace shall 2ire their full cooperation and assistance within the scope of the duties and responsibilities of such officers, qents, and employees. CITY shall hold COUNTY, its Sheriff, officers, and esployee~harmless from any and all liability for intentional acts or negligence on the part of CITY, its officers and employees (excluding any employees of COUNTY enZqed in the performance of municipal duties hereunder) arising out of or relating to the performance of this contract. Sheriff shall be designated as the Chief of Police of CITY at all times during the term of this qreement. PAGE 5 of 6 Said Sheriff shall designate a station commander to work directly with and provide liaison with the City Manager and other CITY officers of the CITY. The Sheriff's commander shall make regular monthly reports to the City Manager, and such other reports as may be appropriate as determined by the Sheriff~ with respect to enforcement within the corporate limits of CITY. COUNTY OF SAN 8ERNARDINO e- CI1'1' OF IrANOlO COINCA Chairman, Board of Supervisors (State if corporation, company, etc.) Dated By I~ (Authorized Signature) SIGNED AND CERTIFIED THAT A COPY OF THIS Dated DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Title. Clerk of the Board of Sur}ervisors of the County of San Bernard)no. Address 10SO0 CJ. vIC CZITI:u '~v' leAliC80 COCAMONCA, CA 91730 Deputy AEPr°~F~'/~ I Reviewed as to Affirmative Action Reviewed for Processing o.,. r fq.f o.,. o.t. SCHEDULE A LAW ENFORCENENT SERVICE CONTRACT CITY OF RANCHO CUCAMONGA FY 93/94 FY 93/94 SERVICE COST* 6 - 168 Hour General Law Patrol Units $2,756,646'* 4 - 80 Hour General Law Patrol Units (2 units w/radar) 898,426'* 5 - 56 Hour General Law Patrol Units 805,024., 5 40 Hour General Law Patrol Units (2 units w/radar) 569,897'* 5 40 Hour Traffic Patrol Motorcycles With Radar 550,885., 4 40 Hour K-9 Unit 104,698'. 8 40 Hour Detective Units 950,209** MENU ITEMS 1 - Captain with unit 109 073** 3 - Community Services Officers 121 461 2 Forensic Specialist II 144 892 3 - Sheriff's Service Specialists 196 284 1 - Public Information Clerk 27 921 3 - Senior Deputy Differential 17 814 1 - Deputy II DARE Officer 67 570 1 - Research Analyst 44 000 1 - Secretary II Differential 3 880 1 - Secretary I Differential i 511 1 - Supervising Station Clerk Differential 3 319 ~1 - Station Clerk 33 097 1 - Marked Unit 8 187'* 5 - Unmarked Units 32 695** i - Mid-Size Pickup Truck 6 458** 2 - Marked Mini-Vans (DARE van insurance only) 8 057** 1 - Marked 4X4 10 114., Services and Supplies Credit (60 108 CAD/CLETS/RMS 10,269 County Direct Cost 217,581 Start-Up Cost Vehicles and Employees 11,164 POSITION CREDITS Lieutenant .35 Credit ( 32,852 Sergeant .07 Credit ( 5,773 Station Clerk .10 Credit ( 3,310 Motorpool Services Assistant - .60 Credit (20,645) TOTAL $7,588,444. DIRECT COSTS ARE THOSE COSTS ASSESSED TO THE SHERIFF'S DEPARTMENT BY THE COUNTY FOR: Personnel Liability Insurance - $108,431 Personnel Bonding Fee - $ 815 Vehicle Insurance Fee - $108,335 MONTHLY PAYMENT SCHEDULE: payment due the 15th of July - $632,374 2nd through 12th payment due the 5th of each month $632,370 (07/01/93) PAGE 1 of 3 180 SCHEDULE A LAW ENFORCEMENT SERVICE CONTItACT CITY OF KANCHO CUCAMONGA FY 93/94 City will be billed on a quarterly basis for: Actual Overtime Cost: Overtime and court appearances estimated for FY 93/94 is $217,000. Professional Services From Private Vendors. Services and Supplies. Fuel and Maintenance (if applicable). K-9 Charges: Cost for food, medical expenses, etc. * Subject to change due to salary and benefit changes or Board of Supervisors action. ** Less Fuel and Maintenance. City is responsible for fuel and maintenance of all contract vehicles. Maintenance is defined as all routine maintenance, all necessary repairs (mechanical or body repair), and replacement of any destroyed vehicle. If vehicle damage is eligible for coverage under County insurance policies, a claim will be filed with County Risk Management. Any money reimbursed by Risk Management will be credited to the City's account to offset City costs. (07/01/93) PAGE 2 of 3 131 CITY OF RANCBO CUCAMONGA LAW ENFORCEMENT CONTRACT FY 93/94 SAFETY GENERAL 1 - CAPTAIN 2 - FORENSIC II 2 - LIEUTENANTS 3 - SHERIFF'S SERVICE SPECIALISTS 10 - SERGEANTS 1 - RESEARCH ANALYST 12 - DEPUTY III'S 1 - SECRETARY II 55 - DEPUTY II'S 1 - SECRETARY I 80 3 - COMMUNITY SERVICES OFFICERS 1 - SUPERVISING STATION CLERK 12 - STATION CLERKS 1 - AUTOMOTIVE ASSISTANT 1 - PUBLIC INFORMATION CLERK 10.45 - DISPATCHERS VEHICLES EQUIPMENT 22 - MARKED PATROL UNITS 4 - MADAR GUNS (includes K-9) 14 - UNMARKED UNITS 1 - DARE VAN 1 - 4X4 1 - MID-SIZE PICKUP TRUCK 5 - MOTORCYCLES 1 - MINI VAN (07/01/93) PAGE 3 OF 3 132 MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA JUL 2 2 I~ FROM: FLOY0 TIDWELL, Sheriff SUBJECT: },AN ENFORCEHENT SERVZCE CONTRACT RECOMMENDATION: Effective July 1, 1985: 1. Approve revised contract to provide minor word changes and increased law enforcement service to the City of Rancho Cucamonga. 2. Approve addition of three (3) Deputy Sheriff ZZ positions, with concurrent classification- 3. Approve addition of two (2) Transcriber Ty~tst Z[ positions, with concurrent classification. 4. Approve addition of one (1) Publtc information Clerk position, with COncurrent classification. 5. Approve addition of three (3) fully equipped (two with radar) marked petrol vehicles. 6. Authorize the County Administrative Offtoot to include appropriation and revenue in the 1985/86 budget to ~flect t!;e above actions. REASON FOR RECOHH[NOATIOq: Revision of the current contract was required because of minor word change in Art,c1:.s [Z ;rio I[[. The revised contract, with effective date of July I, 1985, replaces the current contract (83-819) and establishes the FY 1985/86 fee schedule for the City and reimbursement to the County. As petitted under Article VIII of the contract, the City of Rancho Cucanmnga is requesting a higher level of servic for FY 85/86. The requested le~l nf service requires three (3) additional Deputy IIs, two (2) Transcriber Typist IIS, one (1) Public Information Clerk, and three (3) fully equipped mar~d patrol units to handle the i~creased workload. :c: ~-eriJ-t-P~:'''r~fo~d v/a~ee. AGREE~.MT ~O. 85-596 APPROVED BOARD OF SUPERViSOrS ,~tral P~ll .. rers~,~,-1 (3) MOTION ~d ~.'~hicln ~ces I ' UA~H m SEKERAK C E~ OF THE ~RO · fLle wl.l~C DATED: .-r.. ~"Z£M I[~H OTHER DEpARTHENTS: The contract has Hen spproved as to form by Ronald 9. Rettz, Oeputy County Counsel, and ~osttton classifications have been ~evteed by t~e personnel Department. FZNANCZAL DATA: No additional net cost to ~he County. JULY 22, 1985 SCHEDULE "A" RATE8 LAW ENFORCEHENT SERVICE CONTRACT CZTY OF RANCHO CUCAHONOA FT 1985-86 FT 1985-86 COST SERVICE "' 5 - 168 Hour General Law Patrol Units $ 1,380,665 ee I - 112 Hour General Law Pstrol Units 198,69~ 2 - 80 Hour General Law Patrol Units 269,856 ~ - 40 Hour General Law Patrol Units 203,775 2 - 80 Hour Traffic Patrol Units (with radsr) 270,758 sa ~ - 40 Hour Trafflo Patrol Units (with radar) 273,50~ ee 5 - qO Hour Detective Units 360,n85 ee ~69,~0 Captain and Car 5,656 Sergeant's Harked Unit ~,735 me Additional Unmarked Unit Harked ~-Wheel Drive Patrol Unit 6,~29 se 38,296 Deputy Z (1) 112,650 Radio Dispatchers (5) Senior Deputy Differential (3) 11,631 Secretary II (1) 2Q,621 Secretary I Differential (1) 99q 16,807 Extra Help Safety (3/~) ~U,038 Transoriber Typist II (2) U,O00 Travel Expe.se 59 08~ County Direct Cost TOTAL $ County Direct Cost are those costs Honthly p~yment S~hedule: assessed to the Sherlff's Department by the Ccunty for:.. -_ .. Personnel Liability Insurance Fee 1st Payment Due July 15th, personnel BopdlnK Fee Vehicle Insurance Fee 2nd through 12th Payment Due 5th of Each Nonth ADDITIONAL,CHARGES BILLED QUARTERLY: · Overtime: Cverttme and court appearances estimate for FY 85-86 is ~IOc Actual overtime will be billed quarterly. V~htcl~ ~=4.~o"~nc?: Estl,adL~d maintenance cost based on q36,OCO p-r mile is ~112.320. Actual cost will be htlled qucr~erly. ~-9 Ch~r~s: Cost for food, medical ~xpense and etc., will he bill-d qu~rtPrly. e ~ropo~d, subject to change. du~ to Mnmorandum of Under~tandin~ *~ L~s~ Fu~t ~nd MAintenance (~CSCDA) Revised 06Z26~85 LYLE L. R[THERFO~ ~A~ARD ~RACT :~ v-,, THIS CONTRA~ It ~e~ into I, t~ Sis. of ~llfomle ~ e N~ ~le t~ ~nW, ~d CZ~ 0F ~NC~ CU~ ~Nrcelle CZTY P. 0. Box 807 Rancho Cucamnoa, Calf forte 917~ IT IS HEREBY AGREED ~ FOLLY: ~gR~, City 8~ C~n~y desire f~ perfo~enee ~ t~ ~fore~ esPytees etthZn t~ territorial ~u~derZes of City. C~n~y sbeXZ provide, ~hr~ ~he ~rlff C~nty (hereZnefter referr~ ~ as *Shertff"), ~he e~porste Zl~ts ~ C!~y as see ~ etis~, ~e ~trze by annexstl~ or exolusZ~ dur'.nl t~ te~ or thZs sirrant. ~T. furnished to CIty hereunder 3hsll include: A. Enforeemt of sts~e ststutes: 8. ~nroreeNnt or ordtnsnees of City of tee t~p ~stomrZly C~ntr~ ? I C. N!lee Roteatlas oe tWe tYW erosSmartly WPovtded 3 6 glOW Pmtro~ ~ ~ fr~ treePetal CltF: taproom ,~ ~ 9~rl~ In ~ el~rm&~ mrmm of C~tF su~ on er~m, ~te!~, ~ nm~lem l0 F. Att~.~e at mrSflU ~ ~ City ~11 ~ City ~ o~i~: 13 O. Jail ~ollttiM ~ Nr~s et~ f~ ~olstl~s 14 ~ Ci~ w~n~8 ~i~ ~ll b billd b ~ City; 16 eust~rtly ~vid~ ~ S~t~ within tM wi~mt~ 17 o~ea of t~ C~ety. !l Ill, it Setvim ~ ~ R,id~ ~ C~ty shell iMIUde 21 Se~10 el° r~ 1~ ~rore~t mrviMs. ~m ~s~el a~ su~btles ire ~ be sssl~ st the discretion ~ the Sheriff b88~ on t~ n~a of the 2) T~ ~rviees ~o ~ provtd~ ~ C~ety ~r~er shall also include ell ~uipet (i~Xudtng fairs thereto ~ depreele~ion ~he~n), ~pltes. e~ml,.e~ioes. ~lnistrmtlon. IOV. v~atton a~ siek Doe. any C~ty 2 othm' Hi'vies, ol)iilstioel or etpendtturee neesleety or 3 incidental to the Imerformnee of the duties to be performed 4 troy Sheriff ueder the teal of %him airesmeet. There shall for ella1 downtim of vehislel. In oll instances ~here 7 ipe~iel lapptieS, itltteesry. nelleel, f~wme end the like are to he issued in the noms of City end spproved 17 the Sheriff, the sam shell be sealted by City st its mm east lO see 11 12 shell 15 !d moethly installmete St the bqineiq of emeh esls~dor Imnth duties tM pc-See of ~il siresmerit. First psyu~t shell be due off July 15, 1985, the rmiete( wilyeft II psyssnt$ sis11 moe~. 581d mm i$ sebJset ~ eeJ~stmse~ ~oP sly sslsm-y increases or f~lnp Merits vhleh amy be Ireted by the 21 9octal'of 9u!wrvtserl ~o shertrr's taxsties. m~e se,.usl east of o~erttme, court Ipeesrlnees, vehicle f~eZ 8fwl msiqtamsnee end travel June ]0 will lme litlies quarterly. CDunty Ih811 hays the rliht to renqottlta the Pete for servi'eS performed Under this eRrlament st the tad each fiscal year, end said rate ely dnvnverd to reflect the actual lost. 2 ordineeeee, Iseludtnl any ordteaeeee ee o~ee hoXd heroes, e~ tnd~ C~y, its ~rtoeeo 4 -liepriM ~t my ~Not. ettsttm, w ~ mtl~ take ? I IRalid City HIsses, el~t Is ~ seMI ~re the I0 II ~m ~ is e~ is ~le e~. City ~11 14 !7 ~ld~ ~ b ~ld In City, ~ld Ci~ a~e~ !1 ~t. City s~ll e ~ ll~le 'f~ lgt~ 21 i~tty to ~y C~nty-elSe f~ ln~ f siskNee ariatel ~ ~ him ~l~t ~ile epl~ In the ~rformnee of this Igr~n~. by CIty shall hold C~ntv harmless f~ · r~etton ~for~et lerviees r~suTtlnl frm le~r relations ~tlons s~ City's oblJfeti~ ~ p~ C~n~y shell be  ~ e;rvleel riot perforid fop that 139 ! 2 The tea of thlo eeetr~et lhell be · period of tip 4 ~erenf~er provided. ~tl Ilre~e~ ~y ~ t~t~ Any ~i~ etch ~ vt~t e~N bY City ~ by C~ty 7 el ~h ~.y days ( 1 qO) ~roff ~ de~e spee I I termiRe%ion. A~ 9u~ termiewti~ dm~.; ehmlt eolee!~e vith 9 the end ~ a calendar ~th. Tn the ev~t ]0 termination. each p~rty shell ~lly p,y ,ed II oblige~l~s in f~v~ ~ t~ oth~ see~ieR prt~ d~t~ of such t~tnet!~ m~ --e~ psr~y shmll rr~ sIT obllgl~l~s ~ ~rforml~ ~t~ v~ld' o~he~iM event or te~instl~ ~ this el~.. ~M C~ty shell 16 refund s~ sum pr~vtwsly ~id ~ Ci~y. ~leh ~ prorwt~ 17 r~Dres~s mdvanee p~t r~ ~th8 or servt~ ~i~ 18 ,o~ ~rfo~d ws · result or sue~ te~r~l~. Neither ~ queh ts~tnntl~. 21 i~ ~ all ~te~s r~quirsd to M Itven ~ shall ~ ~m In vritin( ~ reglster~ ~ ~tlfS~ all. ~ ~rth~ notlee ere so rollS: C1 ~: ~rOf hnChO CuemeSa Post Office ~x 807 Re,the C~o~ga, ~ 917~ 27 ~,~w~: ~ard of SuN~fsors Curry kve~t ~ter ~ ~5 N, Ar~/d. Sth F1~r Me k~aMtno, ~ I 2 ~rs~eet, tM ~eM~t t~ e~satl~ ~ 4 t~ ~te~nmtt~ ~ ~ 1~ ~r~% ~tioes me dete~t~ ~ S~Sff in MS ~te ~M~Im. I PeekciVility ~ SM~ff ~ ~ C~ty ~ City 9 IO ~o~d~ ~ City M~, ~ll M mlffm ~ ~ M CM~ ~l~m m~l Me CIQ ~sim, et~I !1 ~9 21 e~ g~irrem ~rt~r ~ el~W ~Pl~ in ~fo~inl lay ~h MrSfie ~ ~t!~ shall M ~ ~ officer ~ City ~itw .rro~t~ s~viee f~ City within ~hmll ~ m ~tetpel fusett~. 3 Penal C~e ~ SeW statler ~ ~tmtd mtet~e, VT~, 4 ~ r~t~ ~ ~ !0 In ~ e~t, ell ~sim It re~ ~ ~mttN 13 m ~te ~i~, iwstellm~ t~ ~$t ~ M ~timl ~ Newest ~viom, 17 la tM et ~ 19 mrl~ in W City ,i~ 21 cttt r~vtPtM ~dtttmet Pelm~ costs shell ~ 23 suthortzN ~blte fmt~inp M~ ~ State Y r~ersl pr~trt, r within the City limits, shell Mt be ~er~eeble seminar the City. ne~ leeluded in riots ~ related mereires ere salaries ~r rele~ed meets of addtits! paltee services ! authorized lathertop. In She creel 2 erosfleecy ovteide of tIM eorp~rat~ ~ieits ot City, ) Floeeel or equipmet asciined ~y Sheriff to the 4 perf~senoe of Cremeyes duttes hereundo, may be u~ilizel S by County in seewearies wt~ smoh emerpecy, end the Cl~y 6 shell be rellburse~ feP any rme':ltmt service · To feetliters the perlerashes of services betreader by I0 County, City, iLo eelleers, elm~s, ~ elPloycll sbell It Ixve their f~ll Oeeeerstioes md moistsee vtt~ie the 12 see~e of t~e duties e~t res!Mesibllltles of fue~ offioe~e, ,~ .. , = = 13 siesta,me sipleased, Ct~y shell held CeustT, Its Ilu~iff, offlows, 14 es~leyoes headless f'~'e serf end ell lisbiliW ln*.entlemmel lets or ne~lilenee on the pm't o~. City, its 17 e~,g~ged In the Verf~nee of municipal duties lI. · m'lff shell M desi~eo, ed el UQo C~lef of Paltee or 21 Cityst ell times du~l~2 the te~ ef t~mie efm-eewkmt. Said Sheriff shell s~point s dermtV ee ssstAqmed to work ~treetly with and provide m. laiso~ wi*,h the 24 City Manm~er end other CfCy off leers of ~he City, ~h~rirfes Deputy shell r,ke regular monthly reports to 24 City Manager, end such other reports as mr/~e, appropriate / 2'/ . ?Jl ~s determined b7 the fheriff, with respect to 1me ~tveen ~he parties vhieh prior Ilreeaent shall ~erminate upon ~he effec~l ve da~e of ~hZs 81reesen~. Memorandum City Manager's Office To: Mayor, City Council From: Jack Lam, City~ Date: February 14, 1994 Subject: Booking Fee Settlement and Law Enforcement Contract The City has been informed that the County has not signed the Settlement Agreement and it's fate may be implicated in the County's current labor negotiations with the Sheriffs Employees Benefit Association, (SEBA). Counsel to the contract cities has advised that our contract cities should take no action on these documents until the County has executed the Settlement Agreement. Since the Settlement Agreement and the Amended Law Enforcement Service Contract are a package deal, staff agrees with our legal counsel not to take action on any of the documents presented to the City Council for Wednesday's Council meeting. Please contact me should you have any questions. attachments: Letter from William J. Brunick and attachments '- j DATE: February 4, 1994 TO: All San Bernardino County Contract Cities FROM: William J. Brunick RE: City of Adelanto, et al. v. County Of San Bernardino Case No. 262309 City of Victorville, et al. v. County of San Bernardinn Case No. 262162 Ladies and Gentlemen: The purpose of this memorandum is to update and discuss the above-referenced matters. As you probably know, the County did not sign the Settlement Agreement in the booking fees case. Enclosed herewith please find a copy of a letter dated February 1, 1994, from Harry Mays to Sam Racadio. For those cities that have already forwarded a fully-executed Settlement Agreement and the Amended Law Enforcement Service Contract to the County, please be advised that you will not be bound by the terms of the amended contract and that the County will continue to operate and perform its law enforcement functions pursuant to the existing contract. Enclosed herewith please find a Copy of a letter dated February 4, 1994, from this office to County Counsel. For those cities that have already signed the Settlement Agreement and the Amended Law Enforcement Service Contract, but have not yet mailed these documents to the County, it is recommended that you hold on to these agreements until the County has signed the Settlement Agreement. For those cities that have not signed the Settlement Agreement and the~anended Law Enforcement Service Contract, it is recommended that no action be taken on these agreements until the County has executed the Settlement Agreement. AS always, we will continue to keep you abreast of the ongoing status of these matters. If you have any questions or comments, please feel free to contact me at your earliest convenience. COUNTY OF SAN BERNARDINO Counly Admlnislnllve Office tu,~,. c~.., ~,d.. ............~d ~,~., No, I ArroWtrod Plato, Co'anty ~rlt~ Offi~ ~n gernafdlno, CA 924l$~1~ ..... :, ' Tc;~o~ (~) 387-$430 Febma~ ~r. Sam ~ac~io, City ~a~a~er Cit of Hi hland 26~5 E. ~aseline Avenue Highland, Californi~ 92~46 DearSam: AS you are aware, the contra~ cities and the County of San Bernardino are close to reaching agreement on the resolution of the bookin fee awsuit and the signing of a new contra~ city law enforcement contra~. Un~unately, due to the current [abor discussions be~een the 5heriff's Employe~ Benefit Association (SEBA) and the County of 5an Bernardino and the possible ~mpa~ on fundin , semite levels and cost to the county and contra~ tit as, the Coun~ of San Be rnar~no must po~pone any fu~her aw enforcement contra~ discussions for the present. I will keep you advised as labor negotiations proceed regarding possible impacts you r city. Si rely H~~AY$ County Administrative Officer HMM:des Post-it" brand (ex tranSmittat memo 7671 BRUNICK, ALVAREZ & BATTERSBy February 4, 1994 VIA FAX AND MAIL Susan A. Hopkins, Deputy County Counsel San Bernardino County Counsel 385 N. Arrowhead Ave. San Bernardino, CA 92415-0140 Re: City of Adelanto, et al. v. County of San Bernardino Case No. 262309 ~ity of Victorville, et al. v. County of San Bernardin,, Case No. 262162 Dear Sue: The purpose of this letter is to confirm our telephone conversation of February3, 1994, regarding possible settlement of the booking fees case. In this regard, you advised me that the County's Board of Supervisors did not sign the Settlement Agreement which you and I had prepared due to its perceived effect on the County's current labor negotiations with the Sheriff's Employees Benefit Association. AS such, you and I agreed that the Settlement Agreement and the Amended Law Enforcement Service Contract were a package deal and that any City that has already signed both agreements would not be bound by the terms of the Amended Law Enforcement Service Contract until the County signed the Settlement Agreement. You further advised me that the County would continue to operate and perform under the existing law enforcement service contracts. Thank you for the professional courtesy and cooperation you have shown throughout this case. Very truly yours, BRUNICK, ALVAREZ & BATTERSBy