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HomeMy WebLinkAbout1996/09/18 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCANIONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. September 18, 1996 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers William J. Alexander, Mayor Rex Gutierrez, Mayor Pro Tern Paul Biane, Councilmember James V. Curatalo, Councilmember Diane Willjams, Comicilmember Jack Lam, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 477-2700 City Council Agenda September 18, 1996 All items submitted forthe City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on the Tuesday of the week prior to the meeting. The City Clerk's Office receives all such items. 1. Roll Call: A. CALL TO ORDER Alexander Biane , Curatalo__ Gutierrez __, and Willjams__ o B. ANNOUNCEMENTS/PRESENTATIONS Presentation of Proclamation recognizing Citrus Little League 9- and 10-year-old team for being the District 21 Champions. Presentation of Proclamation recognizing Deer Canyon Little League All-Star team for being the District 21 Champions. Presentation of Proclamation recognizing the Alta Loma Little League Senior Division team for being the District 21 Champions. Presentation of Proclamation declaring the week of September 16- 22, 1996 as Pollution Prevention Week. Presentation of Rancho Cucamonga Coyote's Recycling Video and the characters of Rancho Cucamonga Coyote and the Used Oil Mascot "Slick A. Saurous." 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: August 21, 1996 , Approval of Warrants, Register Nos. 8/28/96 and 9/4/96; and Payroll ending 8/8/96 for the total amount of $1,950,221.89. Approval to receive and file current Investment Schedule as of August 31, 1996. 10 City Council Agenda September 18, 1996 Alcoholic Beverage Application for On-Sale Beer and Wine for an unnamed business, Kacy Ye and Kwok Ching Ng and Connie L. Tsang, 9799 D Base Line Road. o Alcoholic Beverage Application for On-Sale General Eating Place for Applebee's Neighborhood Grill & Bar, Pacific Gold Incorporated, 10709 Foothill Boulevard. Alcoholic Beverage Application for On-Sale Beer and Wine for Chavez Mexican Food, David and Minerva Contreras Chavez, 10062 Arrow Route. Alcoholic Beverage Application for On-Sale Beer and Wine for MVP & Grill, Angela Marie and Michael Oscar Galaz, 12809 Foothill Boulevard, Suite A, B, C, D. Approval of request by Rancho Cucamonga Chamber of Commerce to waive City fees in conjunction with the annual Grape Harvest Festival. Approval of a resolution approving the submittal of a Household Hazardous Waste Discretionary Grant to the California Integrated Waste Management Board. RESOLUTION NO. 96-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY ENGINEER OF RANCHO CUCAMONGA TO EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENT REQUESTS, AGREEMENTS, AND AMENDMENTS HERETO FOR THE PURPOSES OF SECURING GRANT FUNDS FROM THE HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY GRANT UNDER ASSEMBLY BILL 1220 (EASTIN, 1993) 10. Approval to execute contract (CO96-048) for the Founder's Day Parade by World Wide Spectaculars, Inc. d.b.a. Pageantry Produc'dons in the amount of $7,139.05 to be paid from Account No. 01-4532-3900. 11. Approval to execute contract (CO96-049) for Household Hazardous Waste Services rendered to the City of Rancho Cucamonga by the San Bernardino County Fire Department Household Hazardous Waste Program. 12. Approval to accept the Foul Pole Support System Improvements at the Epicenter as complete. 15 17 19 21 23 25 28 29 30 32 City Council Agenda September 18, 1996 13. Approval to accept Street Improvements, Release of Bonds and File a Notice of Completion for Improvements for CUP 88-18, generally located at the east side of Haven Avenue, between Highland and Lemon Avenues. Release: Faithful Performance Bond No. 117 29 30 $124,000.00 Labor and Materials Bond 62,000.00 No. 117 29 30 RESOLUTION NO. 9C:>-~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 88-18, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 33 34 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. No Items Submitted. F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. No Items Submitted. G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. CONSIDERATION TO REQUEST IMPLEMENTATION AND FUNDING OF ASSEMBLY BILL 3229 35 City Council Agenda September 18, 1996 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. DISCUSSION OF RECENT COURT DECISION AND THE CITY OF HIGHLAND'S APPROACH TO RESIDENTIAL FIRE SPRINKLER INSTALLATIONS CONSIDERATION OF RECOMMENDATION FOR LIBRARY FOUNDATION APPOINTMENTS AND DISCUSSION OF RECRUITMENT POLICY 3. UPDATE FROM ROUTE 30 AD HOC TASK FORCE 39 46 47 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss atthe next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. L. ADJOURNMENT MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS PROPERTY NEGOTIATIONS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON ROCHESTER, BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE; VALLEY BASEBALL AND JERRY B. FULWOOD, DEPUTY CITY MANAGER, NEGOTIATING PARTIES; REGARDING TERMS OF PAYMENT. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on September 12, 1996, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. August 21, 1996 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, August 21,1996, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was reconvened at 7:27 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Manager; Olen Jones, Sr. RDA Analyst; Brad Buller, City Planner; Joe O'Neil, City Engineer; Bill Makshanoff, Building Official; Suzanne Ota, Community Services Manager; Deborah Clark, Library Manager; Duane Baker, Assistant to the City Manager; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Ron Bieberdorf, Rancho Cucamonga Police Department; and Debra J, Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation to Bruce Barnes and Steve Adkiss for their heroism in rescuing a family from their burning car. Mayor Alexander presented the proclamations to Bruce Barnes and Steve Adkiss. The family members from the burning car also presented gifts to both Mr. Barnes and Mr. Adkiss. Mayor Alexander also presented Certificates of Appreciation from Senator Ruben Ayala's office to Mr. Barnes and Mr, Adkiss. B2. Presentation of a Proclamation to MaLt Bourque and Stefan Elliott for their artistic contribution to the community. Mayor Alexander presented Proclamations to Matt Bourque and Stefan Elliott. Matt Bourque stated it was good to be doing something positive for the community that everyone could enjoy. He stated it was a lot of fun for both he and Stefan to be involved in this project. Stefan Elliott reiterated what Matt stated. Councilmember Willjams stated both of these gentlemen are not professional painters, but that they donated their time to do this. City Council Minutes August 21, 1996 Page 2 B3. Presentation to the Rancho Cucamonga YMCA from representatives of the Rancho Cucamonga Police and Fire Departments. A check was presented to the Rancho Cucamonga YMCA in the amount of $7,000 from the Rancho Cucamonga Fire and Police Departments. Dianna Lee-Mitchell from the YMCA stated this money will go towards their teen center and get their programs started. Jim Curatalo, Jr. stated this would not have been possible if it were not for the business community. C. COMMUNICATIONS FROM THE PUBLIC C1. Matt Dedynski addressed the Council about an ordinance that the City of Glendora has regarding rowdy parLies. He felt this was a good idea and that the City of Rancho Cucamonga needed something like this. Mayor Alexander suggested that this be referred to the Public Safety Subcommittee and then it could come back to the entire Council for further consideration. Mr. Dedynski stated his neighborhood situation is really ruining his privacy and that he and his wife have even had to go to a hotel to get some peace and quiet. Councilmember Gutierrez stated that the Public Safety Subcommittee will meet and that Mr. Dedynski will be invited to attend the meeting. He said Glendora's ordinance definitely would be looked at for the entire Council to consider. Mayor Alexander stated he is confident that Councilmembers Gutierrez and Curatalo will listen to Mr. Dedynski and help in any way they can. C2. Fred Guzman, 8891 Rancho St., stated he is having the same problem as Mr. Dedynski and wanted to show someone where the teenagers are drinking and smoking. He also commented on dogs that run loose, and felt people should get involved to help out the youth. Councilmember Guljerrez stated the Public Safety Subcommittee will be presenting a report in the near future at a Council meeting about programs for the youth. Councilmember Williams suggested that he give Suzanne Ota his name and number, and suggested that Mr. Guzman possibly become a volunteer for the City with some of its programs. C3. Arthur and Danielle MarLin talked about leash laws in the City. Mr. Martin stated his daughter, Danielle, had been attacked by a dog. He hoped that there could be 24 hour animal control services in the City. He felt loose dogs was a problem in the City for the residents. C4. Marcus Solomon stated he concurred with the gentlemen that spoke about loud music being played all night. He felt there should be parameters for people that are parrying. He also thanked the Council for its support of the skate park. City Council Minutes August 21,1996 Page 3 D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 7/24/96 (95/96), 7/24/96 (96/97), and 7/31/96 and Payroll ending 7/11/96 for the total amount of $2,112,634.09. D2. Approval to receive and file current Investment Schedule as of July 31, 1996. D3. Approval to appropriate $12,550.00 from Fund 05 (Sports Complex) for Design Services for the Sports Park Pavilion Improvement Project, and approval to execute a Contract (CO 96-045) for design services with Peter J. Pitassi, AIA, Architects, in the amount of $11,370.00, plus 10% contingency, and approval of the plans and specifications and authorization to advertise for bid for the Sports Park Pavilion Project.. RESOLUTION NO. 96-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE"SPORTS PARK PAVILION PROJECT,"IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval to appropriate $130,000 from Fund 21 - Beautification and $20,000 from Fund 10 - Prop 111, for the Etiwanda Creek Park Improvements and East Avenue Street Improvements respectively. D5. Approval to seek Requests for Proposals for Concession Services for the youth and adult sport programs at the Epicenter Sports Park and Expanded Parking Lot. D6. Approval of a request from Valley Baseball Club, Inc. to waive T.V. taping of 51,500.00 for Silver Bullets Baseball Game. D7. Approval to appropriate $150,000.00 from Fund 32 - Measure 'T' (Local) (A/C 32-4637-9505) for the Jersey Boulevard Street and Storm Drain Improvements from Haven Avenue to the Railroad Spur. D8. Approval of an amended Five-Year Capital Improvement Program for Fiscal Years 1996/97 through 2000/01 and Twenty-Year Transportatjon Plan beginning in Fiscal Year 1996/97 and amending previous year's programs, as required by SANBAG for expenditures of Measure "l" Funds. RESOLUTION NO. 96-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN AMENDED FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 1996/97 THROUGH 2000/01 AND TWENTY-YEAR TRANSPORTATION PLAN BEGINNING IN FISCAL YEAR 1996/97 AND TO AMEND PREVIOUS YEAR'S PROGRAMS FOR THE EXPENDITURE OF MEASURE 'T' FUNDS D9. Approval to execute a Joint Powers Agreement (CO 96-045) between the City of Rancho Cucamonga and the State of California Department of Transportation (State), (Agreement No. 8-721), for funding of the Interstate 15 and Route 66 Interchange modification. D10. Approval to execute updated contract (CO 90-086) with San Bernardino County for Animal Control Services. Contract not to exceed $62,700, to be funded from Account No. 01-4162-6028. City Council Minutes August 21, 1996 Page 4 D11. Approval to execute contract (CO 96-046) with San Bernardino County to operate the Rancho Cucamonga Animal Shelter. Contract not to exceed $180,700.00, to be funded from Account No. 01-4162- 6028. D12. Approval to execute San Bernardino County's Schedule "A" for Law Enforcement Services (CO 96-047) for the City of Rancho Cucamonga in the amount of $8,953,186. D13. Approval of the Map, execution of Improvement Agreement, Improvement Security, Vacation of a portion of Jasper Street and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract No. 14072, generally located at the southwest corner of Highland Avenue and Jasper Street, submitted by Diversified Pacific Homes, Ltd. RESOLUTION NO. 96-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF JASPER STREET RESOLUTION NO. 96-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 14072, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 96-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT MAP NO. 14072 D14. Approval of Map, execution of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for Tract 15526, located at the southwest corner of Milliken Avenue and Mountain View Drive, submitted by Lewis Development Company. RESOLUTION NO. 96-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15526, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 96-122 A RESOLUTION OF THE CITY COUNCIL 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. 1 AND 4 FOR TRACT 15526 D15. Approval of the Map, execution of Improvement Agreement, Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract No. 15732, generally located at the northwest corner of Base Line Road and Etiwanda Avenue, submitted by Lewis Homes Enterprises, a California General Partnership. City Council Minutes August 21,1996 Page 5 RESOLUTION NO. 96-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 15732, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 96-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT MAP NO. 15732 D16. Approval to execute the Improvement Agreement and Improvement Security for Development Review No. 95-33, located south of Arrow Route and east of White Oak Avenue, submitted by Arrow Center, L.L.C. RESOLUTION NO. 96-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 95-33 MOTION: Moved by Gutierrez seconded by Biane to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 8, CHAPTER 8.23 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Debra J. Adams, City Clerk, read the title of Ordinance No. 559. ORDINANCE NO. 559 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 8.23 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ADDING PROPERTY MAINTENANCE STANDARDS FOR LANDSCAPING MOTION: Moved by Curatalo, seconded by Gutierrez to waive full reading and approve Ordinance No. 559. Motion carried unanimously, 5-0. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 17, SECTION 17.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Debra J. Adams, City Clerk, read the title of Ordinance No. 560. City Council Minutes August 21, 1996 Page 6 ORDINANCE NO. 560 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 17.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ADDING PROPERTY MAINTENANCE STANDARDS FOR LANDSCAPING MOTION: Moved by Curatalo, seconded by Gutierrez to waive full reading and approve Ordinance No. 560. Motion carried unanimously, 5-0. HJ No items were submitted. No items were submitted. No items were submitted. F. ADVERTISED PUBLIC HEARINGS G. PUBLIC HEARINGS CITY MANAGER'S STAFF REPORTS I. COUNCIL BUSINESS I1. REPORT FROM CABLE TELEVISION SUBCOMMITTEE ON PHASE III IMPLEMENTATION OF PEG CHANNEL AND BROADCASTING CITY COUNCIL MEETINGS Staff report presented by Duane Baker, Assistant to the City Manager. Councilmember Biane felt an analysis to move to Phase 3 was necessary. He commended Duane Baker for his efforts. Councilmember Gutierrez felt a way should be found to be able to broadcast the Council meeting and that it would be a positive thing. He felt an analysis was needed to determine the cost. MOTION: Moved by Curatalo, seconded by Alexander to approve staff's recommendations to continue towards implementing Phase 3. Motion carried unanimously, 5-0. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Report from Public Safety Subcommittee as previously discussed. City Council Minutes August 21, 1996 Page 7 K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. L. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn to Executive Session to discuss Property Negotiations per Government Code Section 54956.8 for property located on Rochester, between Foothill Boulevard and Arrow Route; Valley Baseball and Jerry B. Fulwood, Deputy City Manager, negotiating parties; regarding terms of payment. Motion carried unanimously, 5-0. The meeting adjourned at 8:28 p.m. No action was taken in Executive Session. Respectfully submitted, Debra J. 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I · I ~ · I~ · ~ I 'e I I · · I I · I · I I I N I ~' I I I · · · · I I I · · I I I · · · l · I I I Z I ~ I ~- · H I ~ I I · ~ I I · l: · · I- I ~ I I · · · I I I I · · · · I I · I · I I · I I · · · · · I I · I UJ · ir I · N I z · · > · 09/ll/1996 CITY OF RAMCliO CUCAMONGA PORTFOLIO MASTER SUMMARY AUGUST 31, 1996 CITY CASH INVESTMENTS PERCENT OF AVERAGE BOOK VALUE PORTFOLIO TERM AVERAGE ---YIELD TO MATURITY-- DAYS TO 360 365 MATURITY EQUIVALENT EQUIVALENT Certificates of Deposit - Bank ............... $ Local Agency Investment Funds ................ $ Federal Agency Issues - Coupon ............... $ Treasury Securities - Coupon ................. $ Mortgage Backed Se~arities ................... $ TOTAL INVT~S~S and AVERAGES ............. $ 11,825,532.20 19.03 556 239 6.034 6.118 13,343,013.92 21.48 1 1 5.510 5.587 35,934,040.63 57.84 1,533 1,217 6.648 6.740 272,845.00 0.44 1,180 364 6.057 6.141 754,705.10 1.21 8,274 4,649 7.832 7.940 62,130,136.85 100.00% 1,098 808 6.298% 6.386% Passhook/Checking Accounts ................... $ (not included in yield calculations) Accrued Interest at Purchase ................. $ 513,479.39 7,233.90 1.973 2.000 TOTAL CASH and I~IRCHASE 1]{TEREST ............. $ 520,713.29 TOTAL CASH and INVESTMENTS ................. $ 62,650,850.14 MONTH ENDING FISCAL TOTAL EARNINGS AUGUST 31 YEAR TO DATE Current Year $ 331,171.89 $ 668,390.52 AVERAGE DAILY BALANCE $ 63,855,731.87 $ 64,446,092.44 EFFECTrVE RATE OF Pl~lqJP, N 6.11% 6.1/% DATE I certify that this report accurately reflects all City pooled investments and is in comformity with the investment policy adopted August 7, 1996. A copy of the investment policy is available in the Administrative Services Department. The Investment Program herein shown provides sufficient cash flow liquidity to meet the next six months estimated expenditures. Source of Valuation - BofA Investment Sec. Div./Safekeeping Monthly Report a Interactive Data Corporation. /0 09/11/19% CI'I'Y OF PANCHO CUCANONGA ~FO LIO DETAILS - I~S AUGUST 31, 19% CItY CAS~ AVEPAGE PUR<]{ASE ~ DATE B<X)~ VALUE STATED ---YTM--- MATURITY DAYS FACE VALUE MAIU~ET VALUE PATE 360 365 DATE TO MAT CERTIFICATES OF DEPOSIT - BANK 00937 FCKYI'H ILL IMDEP BANK 00965 GREAT WESTERN BANK 00966 GREAT WESTERN BANK 00970 GI~F.~T WESTERN B~NK ~24 SANWA 00933 SAlfWA 00945 SANWA 00958 SANIdA 00975 SANWA 00976 SANWA 04/06/95 2,000,000.00 01/25/% 500,0(X).00 03/04/96 03/12/% 1,810,532.20 12/28/94 1,000,000.000 02/23/95 500,000.00 05/02/95 2,000,000.00 11/22/95 500,000.00 05/22/% 1,500,000.00 08/06/96 1,515,000.00 SUlYrOTAI,S and AVEPAGES 12,790,854.78 LOCAL AGENCY INVESTMENT FUNDS O<X)(O LO(2AL AGENCY INVST FUNI) 00804 LOCAL AGENCY I~ST FUND SUFIDTALS and AVERAGES 13,136,562.31 FEDEPAL AGENCY ISSUES - COUI~ON ~64 FEDEPAL FARM CREDIT BANK 01/16/% 00969 FEI)ERAL FARM CREDIT B~ANK 03/05/% 004)73 FEDERAL FAIU4 CREDIT BANK 05/20/% 00922 FEDERAL HOME LOAN BANK 12/19/94 00925 FEDERAL HOME LOAN BANK 12/28/94 00939 FEDERAL ]K)ME LOAN BANK 04/06/95 00940 FEDERAL HOME LOAN BANK 04/06/95 00962 FEDERAL HOME LOAN BANK 12/18/95 00971 FEDERAL HOME LOAN BANK 03/19/% oo974 FEDEPALHOME LOAN BANK 05/21/% 00938 0(057 00967 00968 ~72 00921 00)26 0<>947 0<)959 0<)960 FEDERAL HOME LOAN MOETG. CO 04/06/95 FEDEPAL HOME LOAN MORTG. CO u/20/95 FEDEPAL HOE LOAN .O X'G. CO O3/O6/% FEI)ERAL { LOAN MOI~PG. CO 02/22/96 FI~DERkL H(]dE LOAN }JC)R'I'(]. CO 05/15/96 FEDERAL NA~L MTG ASSN 12/21/94 FEI)EPAL NA~ {fIG ASSN 12/29/94 FEDERAL PATL MTG ASSN 05/08/95 FEDEPAL NA% MTG ASSN 11129195 FEDEPAL PATL IrrG ASSN 11/24/95 11,825,532.20 2,00),000.00 2,0(N),00).00 6.950 6.950 7.047 04/09/97 220 500,000.00 500,000.00 5.050 5.054) 5.120 01/29/97 150 500,000.00 500,000.00 4.700 4.700 4.765 03/04/97 184 1,810,532.20 1,810,532.20 4.800 4.800 4.867 09/17/96 16 1,000,000.00 1,000,000.00 7.250 7.250 7.351 12/27/96 117 500,000.00 500,000.00 6.920 6.920 7.016 02/24/97 176 2,000,000.00 2,000,000.00 6.410 6.410 6.499 05/02/97 243 500,000.00 500,000.00 5.600 5.600 5.678 11/26/96 86 1,500,000.00 1,500,000.00 6.000 6.000 6.083 05/26/98 632 1,515,000.00 1,515,000.00 5.650 5.650 5.728 08/06/97 339 11,825,532.20 11,825,532.20 6.034 6.118 239 12,182,468.88 12,182,468.88 12,182,468.88 1,160,545.04 1,160,545.04 1,160,545.04 13,343,013.92 13,343,013.92 13,343,013.92 2,000,000.00 2,000,000.00 1,924,375.00 2,000,000.00 2,000,000.00 1,931,250.00 1,000,000.00 1,000,000.00 992,187.50 1,000,000.00 1,000,000.00 1,021,562.50 1,065,134.38 1,090,000.00 1,091,362.50 965,156.25 1,000,0Q0.00 996,875.00 942,%8.75 1,000,000.00 973,437.50 4,000,000.00 4,000,000.00 3,863,750.00 995,312.50 1,000,000.00 981,250.00 1,000,000.00 1,000,000.00 994,062.50 1,002,031.25 1,000,000.00 1,006,562.50 2,500,000.00 2,500,000.00 2,466,656.86 1,998,750.00 2,000,000.00 1,958,532.55 1,985,312.50 2,000,000.00 1,940,950.09 3,000,000.00 3,000,000.00 3,022,393.75 1,981,250.00 2,000,000.00 2,003,125.00 1,998,125.00 2,000,000.00 2,011,250.00 1,500,000.00 1,500,000.00 1,503,281.25 4,000,000.00 4,000,000.00 3,837,500.00 1,000,000.00 1,000,000.00 981,562.50 SUBTOTAI~ and AVERAGES 35,934,040.63 35,934,040.63 35,501,927.00 36,090,000.00 5.587 5.510 5.587 1 5.587 5.510 5.587 1 5.510 5.587 6.030 6.0~ 6.114 01/16/01 1,598 6.165 6.165 6.~1 03/~/01 1,646 6.500 6.500 6.590 05/20/99 991 8.030 8.030 8.142 12/19/97 474 6.360 7.789 7.898 09/19/96 18 4.570 6,638 6.730 12/30/96 120 5.240 7.030 7.127 11/30/98 820 6.195 6.195 6.28112/18/00 1,569 5.880 6.053 6.137 03/19/99 929 7.025 7.025 7.123 05/21/01 1,723 7.420 7.226 7.326 09/23/99 1,117 6.290 6.290 6.377 11/17/00 1,538 5.990 6.005 6.088 03/06/01 1,647 5.695 5.867 5.948 02/16/01 1,629 7.275 7.275 7.376 05/15/01 1,717 7.050 7.607 7.712 10/10/% 39 7.700 7.752 7.859 12/10/96 100 7.270 7.270 7.37105/08/00 1,345 6.230 6.230 6.317 11/28/00 1,549 5.970 5.970 6.053 11/25/98 815 6.648 6.740 1,2. // (Y)/11/1996 CITY OF P, ANCIN3 CDCAMONGA I~ PORTFOLIO DETAI~ - INV{ ADGUST 31, 1996 CITY CASH ~TMENT NUMBER ISSUER AVEPAGE PURCHASE BALANCE DATE BOOK VALUE STATED --Y'I"M--- MATURITY DAYS FACE VALUE MARKET VALUE RATE 360 365 DATE ~ MAT ~URY SECURITIES - ~ O<Y)03 TRF_.ASURY NOTE AVERAGES 06/08/94 272,845.0~ 272,845.00 277,000.00 276,220.94 5.625 6.0'37 6.141 08/31/97 364 MORTGAGE RACKED SECURITIES 00071 0<)203 00(09 SUBTOTALS and AVEPAGES FEDERAL H(2ME LOA]{ MORTG. CX) 02/23/87 FEDL~P, AL NA~ M"i~] ASSN 09/21/87 ~VE]UOdENT NATIONAL MORTG A 06/23/86 GOVERNMENT I{ATI~ NOR'IX] A 05/23/86 SMALL BUSINESS A/~MIN 07/25/86 763,336.86 48,585.38 103,430.92 81,875.55 23,473.~ 497,339.30 754,705.10 49,880.04 41,954.58 8.0fM3 8.3% 8.452 01/01/02 1,948 111,968.52 112,331.06 8.5430 9.557 9.689 09/01/10 5,113 83,017.03 87,071.35 8.500 8.621 8.740 05/15/01 1,71V 23,013.68 3,315.44 9.000 8.534 8.652 03/15/01 1,656 451,485.32 484,264.97 8.750 7.261 7.361 07/25/11 5,440 728,937.40 719,364.59 7.832 7.940 4,649 TOTAl, ~ and AVG. $ 62,130,136.85 61,675,631.46 62,897,639.58 62,254,910.71 6.298% 6.386% 808 ~/11/1996 CITY OF RANCH<) CIF. AIK)NGA ~TMEN"r PORT~LIO DE~AILS - CASH AUGUST 31, 1996 CITY CASH I]{VESTMENT {ER ISSUER AVERAGE PURCHASE BALANCE DATE BOOK VALUE STATED ---YTM --- MATURITY DAYS FACE VALUE MAIU~ET VALUE MATE 360 365 DATE TO MAT CHECKI)K;/SAVi'MGS ACYXX]IFrS 00180 BANK OF AMERICA AVEPAGES 958,092.29 Accrued Interest at Purchase 513,479.39 2.000 1.973 2.000 7,233.90 $ 520,713.29 $ 63,855,731.87 62,650,850.14 09/11/1996 CTTY OF RANCliO CUCAMONGA PM - 5 PORT~LIO MASTER IIFv'F..STME]~ A~IVITY BY TYPE CITY AU<~3ST 1, 1996 - AUG~3ST 31, 1996 CASH STATED TRANSACIION PURCHASES S~ES/MATURITIES TYPE ~TMENT # ISSUER RATE DATE OR DEPOSITS OR WITHI)RAW2tLS BALANCE CERTIFIC~TES OF DElhISIT - BANK BEGIMMIE 00930 GREAT WESTERN BANK 6.900 08/16/1996 500,000.00 00955 GREAT WESTERN BAN< 5.6543 08/21/1996 1,50<),00<).0<) 00976 SANWA 5. 650 08/06/1996 1,515,000.00 SUBTOTALS and E)[DING BAI~ANCE 1,515,000.00 12,310,532.20 2,0(M],O00.O0 11,825,532.20 IXX2AL AGENCY INVESTME)[T FUNDS (Monthly Summary) O(OMD5 ~ AGEN~ ~S'T FUND 5.587 00804 LOCAL AGE]4CY INVST FUND 5.587 SUBTOTALS and ENDING BAiJd~CE BEGINNING BALANCE: 4,100,000.00 14,443,013.92 3,000,O00.00 4,100,000.00 13,343,013.92 CHECKING/SAVINGS ACCOUNTS (Monthly Summary) 00180 BANK OF AMERICA BEINNING B.Q~ANCE: 3,764,00<).00 3,768,000.00 517,479.39 513,479.39 >ERAL AGENGY ISSUES BEGINNING BA/AMCE: 35,934,040.63 35,934,040.63 MY SECURITIES BEGINNING BA[Jd{CE: 272,845.00 272,845.00 MORTGAGE BACKED SF. X3URITI~ 00071 FEDERAL H<M4E IX)AN MORTG. CORP. 8.000 00203 FEDERAL RATL MTG ASSN 8.500 (X)O02 GOVERNMENT NATION~ MORTG ASSN 8.500 00069 GOVERNNENT NATIONAL MORTG AS,~N 9.000 000<)4 SNAIl MSINESS Ai]4IN 8.750 SUFIXY~AI,S and E]{DING BAJ. J. NCE BEGINlflNG BALANCE: 08/15/96 1,414.46 08/26/96 651.43 O8/15/96 13,915.86 08/05/96 47.93 08/29/96 1,302.95 772,037.73 0.00 17,332.63 754,705.10 BEGINNING BALANCE:$ 64,249,948.87 8,279,000.00 9,885,332.63 62,643,616.24 CALIFORNIA APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S) TO: Department of Alcoholic Beverage Control 3737 Main St., Suite 900 Riverside, CA 92501 (909) 782-4400 DROPPING PARTNER YES____ NO~_ File Number .............. 323185 DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? Mailing Address: Clf different from premise address) If premise licensed: Type of license Receipt Number ......... 1102737 Geographical Code ........ 3615 RIVERSIDE ?~Of 99 D BASELINE RD RANCHO CUCAMONGA CA 91730 ~O~ SAN BERNARDINO YES 4448 HUDDART AVE EL MONTE CA 91731 Transferor's names/license: CHEN CHUAN CHUAN CHANG 318719 License TVDO Transaction Type Fee TvDe Master DUD Date Fee 1.41 ON-SALE BEER AND W PERSON TO PERSON TRANS NA YES 0 2.41 ON-SALE BEER AND W .ajqNUAL FEE NA YES 0 3. NA NO LICENSE TYPE STATE FINGERPRINTS NA YES 0 AUG 26,1996 $150.00: AUG 26,1996 $205.00: AUG 26,1996 $117.00 : TOTAL $472.00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? NO Act, or regulations of the Department pertaining to the Act? NO Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee. and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date AUG 26,1996 Under penalty of perjury. each person whose signature appears below. certifies and says: (I) He is an applicant. or one of the applicants. or an executive officer of the applicant corporation. named in the foregoing application. duly authorized to make this application on its behalf: (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true: (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made: (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filled with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor: (5) that the transfer application may be withdrawn by either the applicant or the licensee wilh no resulting liability to the Department. Applicant Name(s) Applicant Signature(s) ABC 211 (5/96) ~'~ '/6 3ON2AV / ~../~I /~ C~LIfOINIA APPLICATION FOR ALCOHOL BEVERAGE TO: Department of Alcoholic Beverage Control 3737 Main St., Suite 900 Riverside, CA 92501 (909) 7824400 DROPPING YES LICENSE[S) File Number .............. 322985 Receipt Number ......... 1101733 Geographical Code ........ 3615 Copies Mailed Date 8-19-9¢J Issued Date PARTNER DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits7 Mailing Address: Of different from premise address) If premise licensed: Type of license RIVERSIDE APPLEBEE'S NEIGHBORHOOD GRILL & BAR 10709 FOOTHILL BLVD RANCHO CUCAMONGA SAN BERNARDINO YES CA 91730 170 ~,VIND CHIME COURT RALEIGH NC 27615 Transferor's names/license: GOURMET SYSTEMS OF CALIFORNIA INC 312512 License Tvme TransacEion TYpe Fee Twoe Master DUD Date Fee 1.47 ON-SALE GF. NERAL EA PERSON TO PERSON TRANS P40 YES 0 2.47 ON-SALE GENERAL EA ANNUAL FEE P40 YES 0 AUG t9,1996 $1250.00 : AUG 19,1996 $695.00 : TOTAL $1945.00 Have you ever been Have you 'ever violated any provisions of the Alcoholic Beverage Control convicted of a felony7 NO Act, or regulations of the Department pertaining to the Act7 NO Explain any "Yes' answer to the above questions on an attachment which shall be deemed pan of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALZFORNIA County of SAN BERNARDINO Date AUG 19,1996 Under penalty of perjury, each person whose signature appears below, certifies and says: (l) He is an applicant. or one of the applicants, or an executive officer of the applicant corporadon, named in the foregoing application. duly authorized to make this application on iu behalf: (2) that he h~ read the foregoing and knows the contents thereof and that each of the above statements therein made ate true; (3) that no person other than the applicant o¢ applicants ha~ any direct or indirect interest in the applicant cr applicant's busir..~: to .,.e ccnducted under the licenee(s) far which this :~pli:ation .;s re:de: (4) that the o-ansfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filled with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any ,'editor of transferon (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. PACIFIC GOLD INC . ,. / J ' ABC 21t (5/96) /7 .> APPLICATION TO: Department of Alcoholic Beverage Control 3737 Main St., Suite 900 Riverside, CA 92501 (909) 782-4400 ~ /~ NIA FOR ALCOHOL BEVERAGE DROPPING YES_ LICENSE(S) File Number .............. 322261 Receipt Number ......... 1098348 Geographical Code ........ 3615 Copies Mailed Date 7-25-96 Issued Date PARTNER NO DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? If premise licensed: Type of license Transferor's names/license: RIVERSIDE CHAVEZ MEXICAN FOOD 10062 ARROW ROUTE RANCHO CUCAMONGA SAN BERNARDINO YES CA 91730 RECEIVED A U G 2 0 1996 License Tvoe Transaction Tvoe Fee TVDe Master DUD Date Cdy uI fianct~Cucamonga Planning Division 1. 41 ON-SALE BEER AND W ORIGINAL NA YES 0 JUL 25,1996 $300.00 : 2.41 ON-SALE BEER AND W ANNUAL FEE NA YES 0 JUL 25,1996 $205.00: 3. NA NO LICENSE TYPE STATE FINGERPRINTS NA YES 0 JUL 25,1996 $78.00: TOTAL $ 583 . 00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? NO Control Act, or regulations of the department pertaining to the Act? NO Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date JUL 25,1996 Under penalty of perjury, each person whose signature appears below, cerli~es and says: (1) He is an applicant. or one of the applicants. or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of ~e above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) ~at the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filled with the Department or to gain or establish a preference to or for any creditor or translator or to defraud or injure any creditor of Iransferor; (5) that the u'aasfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) Applicant Signature(s) ABC 211 (5/96) ~zna~ .~ /~ catrtoislA DROPPING PARTNER ·APPLICATION FOR ALCOHOL BEVERAGE LICENS (9~} 782~ Copi~ M~I~ Date 8-15-96 '~::~ Issu~ Date Iss DISTR/CT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? If premise licensed: Type of license Transferor's names/license: RIVERSIDE MVP & GRILL 12809 FOOTHILL BLVD STE A B C & D RANCHO CUCAMONGA CA 91729 SAN BERNARDINO YES AUG J_ 9 1996 CITY OF RANCHO CdL;~,v,,..,,,,.,,. CITY CLERK License TVDe Transaction TVDe 1. 41 ON-SALE BEER AND W ORIGINAL NA 2. 41 ON-SALE BEER AND W ANNUAL FEE NA 3. NA NO LICENSE TYPE STATE FINGERPRINTS NA Fee TYPe Master DUD Date Fee YES 0 AUG 14,1996 $300.00 YES 0 AUG 14,1996 $205.00 YES 0 AUG 14,1996 $78.00 GALAZ MICHAEL OSCAR TOTAL $583.00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? NO Act. or regulations of the Department pertaining to the Act? NO Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee. and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date AUG 14,1996 Under p~nalty of perjuO', each person whose s gnature appears below. certifies and says: (I) He is an applicanL or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) lhat he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no penon other than the applicant or applicants has any direct or indirect into:rest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding abe day on which abe transfer application is filled with abe Department or to gain or establish a preference to or for any creditor or wansferor or to defraud or injure any creditor of transferor; (5} fitat the trimsfor application may be withdrawn by either the applicant or the licensee with no resulting liability to the Deparn'nent. ':;""""' """":;":""" ABC 21 I (5/96) ~ [ *v-.-~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: September 18, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager Rick Gomez, Community Development Director CONSIDERATION OF REOUEST BY RANCHO CUCAMONGA CHAMBER OF COMMERCE TO WAIVE CITY FEES IN CONJUNCTION WITH THE ANNUAL GRAPE HARVEST FESTIVAL BACKGROUND The City has received a request from William L. Holley, Chief Executive Officer for the Chamber, to waive District fees in connection with the Grape Harvest Festival to be held on October 3-6, 1996, (set-up activities beginning on September 30th); at the old General Dynamics location at Fourth and Utica Avenues. The Chamber is providing the City with two booths and an outside display area in reciprocation of this waiver. The specific fees to be waived are as follows: Business Licenses $2,461.00 Community Services 350.00 Maintenance 1,575.00 Building and Safety 30.00 Planning 119.00 TOTAL $4,535.00 RECOMMENDATION Staff recommends waiving City fees in conjunction with the annual Chamber of Commerce Grape Harvest Festival. Respectfu~ Rick Gom~z Community Development Director Attachment RANCHO CUCAMONGA ' TTT "TV ' CHAMBER OF COMMERCE August 8, 1996 Jack Lam, City Manager City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, CA 91729 Reference: Grape Harvest Festival - 1996 Dear Jack: This letter serves, as in past years, as the formal Chamber of Commerce request for the blanket waiver of all associated City fees connected with the Grape Harvest Festival, it's sponsors, it's vendors, etc. This year, the Grape Harvest Festival ~vill again use the site at 4th and Utica Avenue, the old GD site. Dates are October 3rd through October 6th, with prepositioning activities beginning September 30th. Thank you for your support, Jack. If we can provide further information, please advise. Cordially, William L. Holley Chief Executive Officer 8280 UTICA AVENUE, SUITE 160 · RANCHO CUCAMONGA, CA91730 · 909/987-1012 FAX 987-5~7L// Date: To: From: By: Subject: CITY OF RANCHO CUCAMONGA Scptcmber 18, 1996 Mayor and Members of the City Couucil Jack Lain, AICP, City Manager STAFF REPORT William J. O'Ncil, City Engineer Bob Zetterberg, Integrated Waste Coordinator APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE SUBMITTAL OF A HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY GRANT TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD. RECONIMENDATION It is recommended that the City Council approve the resolution authorizing the City Engineer of Rancho Cucamonga to exectite all necessary applications, contracts, payment requests, agreements and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. BACKGROUND The California Public Resources Code 472()() authorizes the California Integrated Waste Management Board to award $3 millior~ in grauts annually to local government agencies for programs that rcduce the amount of Household Hazardous Waste (HHW) disposed of at solid waste land fills. Grants arc awarded on a competitive basis for a variety of activities including: funding for HHW public education and outreach programs; HHW collection programs including permanent, temporary, mobile hcilities, and programs that emphasis reducing, reusing, or recycling HHW. Applications proposing development of new and/or expansion of existing programs aud/or regional programs will be considered. TIle performance period will be for 18 months beginning January 1, 1997 and tcrrninating June 30, 1998. ANALYSIS The City of Rancho Cucamonga as lead agency with tile Cities of Mornclair, Ontario, Rialto, and Upland is proposing to develop a mobile BOP (battery, oil, paint, and antifi'eeze) truck and prograin. The purpose of this program will be to target multi-family and mobile homes, non-English speaking community, senior citizens aud shut-ins. In addition to the normal Saturday operations of the four HHW facilities, we are proposing to also provide a special event program in each city similar to the City of Rancho Cucamonga's Annual Clean Sweep BOP (battery, oil and paint). The events will be held at various City events or at various oil recycling centers or home i~nprovement centers and will emphasis the recycling and proper disposal batteries, oil, paint, and antifreeze pills directing the community on how to properly dispose of other household hazardous waste. Seniors and shut-ins will be able to make appointments to have their BOP items picked up at their homes on Fridays. We are budgeting grant funds for a part time intern to coordinate the Friday appointments for Seniors and shut- ins. The truck will be a International Model 4700 with a 16 foot Morgan Maximizcr Route Van Body with translucent roof. The interior of the body will be equipped with a 250 gallon double walled oil recycling tank with a pump, a lift gate for loading and unloading of 55 gallon drums, battery pallets and shelves for public education ~naterials. The truck will be owned, operated and maintained by the City of Rancho Cucamonga (part of the grant funds). The truck will be stored at the HHW Facility at 12158 Base Line Road. The current concept will be for the San Bernardino County Fire Department HHW Division will remove the waste as they currently do for tile HHW Facility, at no additional cost. The educational portion of this grant will focus on the getting a consistent message of recycling of HHW in the west valley of San Bernardino County. We will incorporate all the ~nascots in the west valli~9 to help convey this message as we are doing for the Three R's and Used Oil Recycling. At the end of the grant period the Rancho Cucamonga and the West End Group will again apply for continued Grant Funds. A portion of the operation costs can be absorbed through Used Oil Block Grant Funds. If no Grant Funds are available the West End group has discussed continuing the operation of the program through a shared cost basis and to contact other cities in San Bernardino County with participation agreements. Another option is to market the BOP materials to local recyclers to help offset tile cost of operation, this option may be considered even during the Grant period. The total grant funds requested will be $115,()()() to purchase a vehicle, pay staff time to operate and coordinate pickup and events, pay for the disposal and/or recycling of the wastes, training of staff, promotional items and advertisements with no matching funds required. Willibm J. ~e~l, City Engineer WJO:bz Attachment Ik The Morgan Maximizer. ... More payload. More driver comfort. More profit. If You find ~haE trodmortal step vans don't have the room Or carrying capaciW you need. tl~en the Morgan Maximizer is for you. Available in lengths from 12 fee[ to 20 feet. Morgan Maximizer bodies can be fi~ed on a wide variety of OEM chassis--offering you a greater selection. of vei~c',e mand- facturers, GVW ranges, and power train options [o choose from. Most important. a Morgan Maxlm.,zer body cFers improved operator safety and comfort aV having the cri- ver seated in the truck cab. separate from the cargo. Plus. !t's made by Morgan. (he number one name in truck bodies NOte: Not all features shown are ~tandard. Maximum driver efficiency and productivity More cubic capacity Greater payload capacity Convenient, lightweight roll-up side door with. "bus style" steps Fuel-saving aerodVnamic front end design i FEATURES Lower operlting costs Ability to dock load Wide selection of chassis to choose from Improved driver safety and comfort Transferability from one chassis [o another A-33 San Bemardlno County Discretionary HHW Grant ©7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AUTHORIZING THE CITY ENGINEER OF RANCHO CUCAMONGA TO EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENT REQUESTS, AGREEMENTS AND AMENDMENTS HERETO FOR THE PURPOSES OF SECURING GRANT FUNDS FROM THE HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY GRANT UNDER ASSEMBLY BILL 1220 (EASTIN, 1993) WHEREAS, the people of the State of California have enacted Assembly Bill 1220 (Eastin, 1993) that provides grants to local governments to establish and implement waste diversion and separation programs to prevent disposal of hazardous waste, including household hazardous ~vaste, in solid waste landfills; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by cities and counties under the program; and WHEREAS, said procedures established by the Califomia Integrated Waste Management Board require the applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California for development of the project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES and authorizes the submittal of a regional application on behalf of Cities of Montclair, Ontario, Rialto, and Upland to the California Integrated Waste Management Board for a Household Hazardous Waste Discretionary Grant. The city Engineer of the city of Rancho Cucamonga, or their designee, is hereby authorized and empowered to execute in the name of the above named cities all necessary applications, contracts, payment requests, agreements and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: September 18, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager Suzanne Ota, Community Services Manager APPROVAL OF CONTRACTED SERVICE FOR THE FOUNDER'S DAY PARADE BY WORLD WIDE SPECTACULARS. INC., d.b.a. PAGEANTRY PRODUCTIONS IN THE AMOUNT OF $7,139.05 TO BE PAID FROM ACCOUNT #01-4532-3900 RECOMMENDATION: Staff recommends that the City Council approve the contract with World Wide Spectaculars, Inc., d.b.a. Pageantry Productions, to produce the Founder's Day Parade in the amount of $7,139.05. BACKGROUND/ANALYSIS: The City of Rancho Cucamonga has contracted with Pageantry Productions to organize various parade functions for the last six years. These functions include providing for trophies, dignitary vehicles, printing and mailing and processing of applications, organizing the parade line-up, and writing of the announcing script. Last year numerous meetings were held between Community Services staff and Pageantry representatives to fully critique and develop recommendations to improve and enhance the Founder' s Day Parade and Celebration. Staff feels that the recommendations implemented in 1995 were favorable, and staff will continue this critique process of all future parades to ensure further enhancements and quality. FISCAL IMPACT: Funding for the Parade Contract has been budgeted in the FY 1996/97 Annual Budget to be paid from account #01-4532-3900. The total coordinating packages and services is in the amount of $7,139.05, which is the same as the FY 1995/96 contract. Respectfully submitted, Suzanne Ota, Community Services Manager SO/kls CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: September 18, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Bob Zetterberg, Integrated Waste Coordinator APPROVAL TO EXECUTE CONTRACT FOR HOUSEHOLD HAZARDOUS WASTE SERVICES RENDERED TO THE CITY OF RANCHO CUCAMONGA BY THE SAN BERNARDINO COUNTY FIRE DEPARTMENT HOUSEHOLD HAZARDOUS WASTE PROGRAM I~ECOMI~IENDATION It is reconunended that the City Council approve the Household Hazardous Waste Agreement with Collection Center with the San Bernardino County Fire Department Household Hazardous Waste Division. BACKGROUND The California Public Resources Code requires Cities and Counties to prepare a Household Hazardous Waste Element (HHWE) to identify the safe collection, recycling, treatment and disposal of hazardous waste generated by households and separated from the waste stream. In accordance with the Resources Code requirements the City ofRancho Cucamonga has established a...HHW Facility at 13158 Base Line Road, operated by the Engineering/Integrated Waste Management Division and contracting with the County of San Bernardino Fire Department Household Hazardous Waste Division, to train City staff and manage the safe removal of hazardous waste. ANALYSIS The City of Rancho Cucamonga has operated a HHW Facility since 1987 and has contracted with the County of San Bernardino to properly dispose of the hazardous waste. In Fiscal Year 1994/95 the city took in over 157,000 pounds of various HHW from over 2400 participants. Each year the County provides 24~hours of training for any new staff working at the facility and a 8-hour refresher training course for current staff. The training keeps staff up to date on any legal changes passed by the Enviromnental Protection Agency and tests staffs knowledge on the proper operation of the HHW Facility. _j CITY COUNCIL STAFF REPORT September 18, 1996 Page 2 In addition to the norn~al Saturday operation the Cotmty also provides support for the city's Annual C. lean Sweep and BOP (battery, oil and paint) event held in April of each year which generates an additional 46,000 pounds of recyclable household hazardous waste. The San Bemardino County Fire Department Household Hazardous Waste Division (Division) and each City in the County has developed a county-wide cooperative progrmn for the management of Household Hazardous Waste. The Division is responsible for the safe management of hazardous waste in accordance with adopted HHW Elements as a part of AB 939. The City's desires for the protection, health and welfare of the public and its persom~el, the removal of hazardous waste from homes so that such materials will pose no danger in the event of fire and pollution of the land fills. This agreement is in consideration of mutual covenants and conditions of all parties involved. The City of Rancho Cucan~onga agrees to operate a HHW Facility at 12158 Base Line Road, open every Saturday from 10:00 a.m. to 2:00 p.m. in accordm~ce with the divisions established procedures. Furthermore, the designated and trained employees will label, categorize and pack the waste in accordance with Division Requirements. The waste will be stored in their original containers (except used motor oil and antifreeze) and placed in the provided containers inside the waste storage area located within the fenced area of the facility. T..he City shall be responsible for the maintenance of the facility, the safety of persons and materials on the property, publicize to its residents the need to properly recycle, reduce, store, transport and dispose of Household Hazardous Waste. In consideration for the services provided, the City shall pay the Division quarterly payments on an amount calculated base on the 1996/97 State of California Department of Finance population at a rate of $.080 per person. This agreement shall be effective until June 30, 1997, unless othetwvise terminated or amended. This agreement has been reviewed and approved by the City Attorney, Engineering/Integrated Waste Management and Rancho Cucamonga Fire Department. William J. O'Neil City Engineer WJO:bz CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: September 18, 1996 Mayor and Members of the City Council Jack Lain, A1CP, City Manager William J. O'Neil, City Engineer Michael D. Long Supervising Public Works Inspector ACCEPT THE FOUL POLE SUPPORT SYSTEM IMPROVEMENTS AT THE EPICENTER AS COMPLETE RECOMMENDATION: It is recommended that City Council accept the Foul Pole Support System Improvements at the Epicenter, as complete. BACKGROUND/ANALYSIS: o The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. Respectfully submitted, ' William J O'~ City Engineer WJO:MDL:dlw Attachment CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 18, 1996 TO: Mayor and Members of the City Council Jack Lain, AICP, City Manager FROM: William J. O'Neil, City Manager BY: Linda R. Beek, Jr. Engineer SUBJECT: ACCEPTANCE OF STREET IMPROVEMENTS, lff, LEASE OF BONDS AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR CUP 88-18, GENERALLY LOCATED AT THE EAST SIDE OF HAVEN AVENUE, BETWEEN HIGHLAND AND LEMON AVENUES RECOMMENDATION: The required in~provements for CUP 88-18, have been completed in an acceptable mmmer, and it is reconunended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance and Labor and Material Bonds. BACKGROUND/ANALYSIS As a condition of approval of completion of CUP 88-18, generally located at the east side of Haven Avenue, between Highland and Lemon Avenues the applicant was required to complete street improvements for the tract. Therefore, it is recommended that City Council release the existing Faithful Performance Bond and Labor and Material Bond as follows: Developer: Diversified Properties Company III. Ltd. 2910 Red Hill Avenue, Ste 200 Costa Mesa, CA 92626 Release: Faithful Performance Bond No. 117 29 30 in the amount of $124,000.00 Labor and Material Bond No. 117 29 30 in the amount of $ 62,000.00 Respectfully submitted, William J. 'N~eil City Engineer WJO:LS k,._Attachment ,j A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 88-18, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for CUP 8 8-18, have been completed to the satisfaction of the City Engineer; and WHEREAS, a notice of Completion is required to be filed, certifying the work complete. NOW THEREFORE, be it resolved, that the work is hereby accepted m~d the City Engineer is authorized to sign and file a notice of Completion with the Comity Recorder of San Bernardino County. To: From: Date: Subject: Memorandum City Manager's Office Mayor and Members of th C ty Council Jack Lain City Manager ~ V September 11, 1996 hnplementation of AB 3229 AB 3229 (Citizen's Option for Public Safety or COPS) gives funds to cities and counties for law enforcement services for the Fiscal Year 1996-97. COPS is specifically designed to supplement existing law enforcement services. COPS requires each county to establish a Supplemental Law Enforcement Services Fund (SLESF) for deposit of the fimds received from the State Controller. The County must also request the funds after establishing the SLESF with the State Controller allocating the ftmdmg to each comity in September. The allocation is based on the total population of each cotmty and each cotmty will distribute the funds withing 30 days of receipt. The County must also form a Supplemental Law Enforcement Oversight Committee (SLEOC) to oversee the proper set up for the special funds and determining the format for the mandated monthly reports. Each city can expect to receive about $2.30 per capita which means Rancho Cucamonga can expect upwards of $260,000 depending upon how the State utilizes population data. (The State Department of Finance is in the process of making population adjustments downward). The procedures call for the Chief of Police in each community to make a request for appropriation and the City Council must conduct a public hearing to consider this request for appropriation. The County has formed the SLESF and the SLEOC and the county request for funding has been submitted. Each City in September will be making its requests for its per capita share of the COPS funds. The Chief of Police has made a request for appropriation and the intent is to use these funds to match funds in the Federal COPS program to hire five additional officers and to equip the officers with all necessary equipment for the next three years. The Federal COPS funding provides only $375,000 over the entire three year funding. To accept the Federal grant, the City must commit to the entire three year time period even though revenues for the next three years are not yet known. While it is also not known whether the State COPS program will continue next year, it is invaluable in contributing toward new law enforcement in Rancho Cucamonga. Staff has also identified the need for additional officers. Total ~mding for the five officers (personnel costs only) is estimated to be $1.2 M over that same period of time. The AB 3229 revenue will enable Rancho Cucamonga to accept the Federal grant with greater confidence in FY 1996-97. Recommendation: Staff recommends that Council conduct the public hearing to consider the request for AB 3229 fi~nds appropriation from the State, approve the allocation of these fi~nds toward the hiring of new officers and required equipment, formally accept the Federal COPS grant, direct staff to request the San Bernardino County Sheriff's Depamnent to immediately take steps to provide five additional patrol officers for the Rancho Cucamonga Police Depamnent. CITY OF RANCH0 CUCAMONGA MEMORANDUM DATE: TO: Aug~tst 23, 1996" JACK LAM, A.I. C P., CITY MANA CITY OF RANCHO CUCAMONGA FROM: RONALD W. BIEBERDORF, CHIEF OF POLICE RANCHO CUCAMONGA POLICE DEPARTSlENT SUBJECT.. ASSEMBLY BILL NO. 3229 Effective September 1996, the City of Rancho Cucamonga wi~ be eligible to receive grantJ~md monies (S269. 782) pursuant to Assembly Bill No. 3229. The grant requires the money be used to find front-line lcav enforcement sen,ices and can not be used to supplant existing municipal fimds for police seen,ices. A provision of Assembly Bill No. 3229 requires the Chief of Police to submit a proposal to the City Council for public hearing recommendrag how the grant finds will be used Therefore, it is recommended that patrol or~eld service personnel be added to the Police Deparmtent. The additional patrol personnel will be responsible for general patrol duties, D~chtding traffic enforcement and investigations. R WH.' h'g J THIS PAGE ISA BLANK PAGE CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 18, 1996 TO: Mayor and Members of City Council FROM: Jack Lam, AICP, City Manager L. Dennis Michael, Fire Chief SUBJECT: RESIDENTIAL FIRE SPRINKLERS The following information is offered in response to Mayor Alexander's request to agendize discussion of the impact of the California Appeals Court decision in the Livermore case regarding residential fire sprinklers, and to provide the Council with information regarding the City of Highland's approach toward residential sprinklers. LIVERMORE DECISION After the City of Livermore, (Livermore), adopted a local requirement for fire sprinklers in new or remodeled homes, the Building Industry Association of Northern Califomia, (BIA-NorCal), challenged that requirement in court, arguing that Livermore's local authority to set building standards did not include fire sprinkler systems. Initial judgement was entered by the California Superior Court in favor of Livermore. In that trial, (Building Indus. Ass'n v City of Livernaore [1996] 45 CA4th 719, __CR2D__), The Court found that "A city may amend Uniform Building Code requirements to require the installation of fire sprinkler systems in new single-family homes based on a~nding that more stringent requirements are necessary due to local climatic, geologic, or topographical conditions.", (as reported in the CA Real Estate Reporter, Vol 1996, Issue No. 7, page 161 - 164, copy attached). That j udgement was appealed by BIA-NorCal however the lower court decision was upheld by the California Court of Appeals. BIA-NorCal asked for, based upon "new information", and was subsequently refused a rehearing by the California Court of Appeals. BIA-NorCal then requested and was denied a hearing at the California Supreme Court level. That denial was significant to the issue of local authority in that the j udgement thus becomes case law in California (CA Reporter Second 1996 WL 264913, [Cal App. 1 st District]). Specific legal opinion should, of course be given by our legal counsel. CITY OF HIGHLAND On April 23, 1996, the City of Highland, CA passed Ordinance No. 209, which required fire sprinkler systems in "...all new construction regardless of floor area that is an A, B, E, F, H, I, M, R, S, U, (sic) occupancy type...". Concerned about the level of fire service being provided in the City of Highland, their Public Safety Committee met with their local water purveyor to discuss issues related to combining fire sprinkler systems with household domestic plumbing systems. The intent was to reduce the cost of the fire sprinkler system installation. Subsequently, at a March 13, 1996 meeting, the City and the East Valley Water District agreed to "...create a new ordinance which allows an alternative fire sprinkler system which uses one water meter combined with the domestic water lines for single family dwellings". According to Steve Ferris, Plan Reviewer Highland area, the results of the multi purpose system have so far been satisfactory. He states that the contractors especially like the lowered cost due to the "combined system" approach and that they are not charged plan review or inspection fees for 1 inch systems. On May 23, 1996, the National Fire Protection Association, (which publishes the standards to which fire sprinkler systems are installed), approved the use of 1/2 inch non-metallic pipe for use in a gridded water distribution system combined with the household plumbing. This new method as approved, will provide for a reduction of the cost of installation of residential fire sprinklers locally by approximately 73% of the installation costs cited by the National Association of Homebuilders. Re pe~itted~ Fire Chief LDM:RC:sh CITY OF RANCH0 CUCAMONGA MEMORANDUM DATE: TO: FROM: SUBJECT: September 5, 1996 Jack Lam, City Manager L. Dennis Michael, Fire Chief 7~ William J. Alexander, Mayor ./ ~F RESIDENTIAL FIRE SPRINKLERS I request that an item be agendized for the next Council meeting to discuss the impact of the Califomia Appeals Court decision in the City of Livermore case regarding residential fire sprinklers. Furthermore, I request that the Council be provided information regarding the City of Highland's approach toward residential sprinklers. WJA/dja . Real Estate CALIFORNIA" Reporter BUILDING CODES Residential Fire Sprinkler Systems City May Require Fire Sprinkler Systems in New Single-Family Dwellings Building Industry Association of Northern California v. City of la'vermore Civ. No. A070517, 1st App. Dist. May 20, 1996 A cffy may amend Uniform Building Code requirements to require the installa- tion of fire sprinkler systems In new single-f~mlly homes based on a finding that more stringent requirements am necessary due to local cllmati~ geologic, or topographlcal conditions. Facts and Procedure. In 1992 the City of Livermore updated its building code by enacting an ordinance. The ordinance adopted the 199 1 version of the Uniform Building Code, with certain menmenu. In particular, the ordinance mended Section 3802 of the Code, which required automatic fire-extinguishing system in most buildings other than single-family dwell- ings and duplexes. The ordinance removed the foregoing exception and required fire sprinkle system In all new construction, including single- family dwellings. To support the amendment, the City made detailed find- ings that the more stringent requirements for fire sprinkler system were reasonably necessary due to local climatic, geological, and topographic conditions. Building Industry Association of Northern California (Building Industry) brought an action for declaratory and injunctive relief to prevent Livermore from enforcing the fare sprinkler system requirement. The com- plaint alleged that state law fully occupied the field of residential consu'uc- ~on and ftre suppression slandards; and thus that Livermore lacked authority to adopt more stringent local standards. The trial court entered judgment for Livermoxe, and the Court of Appeal affzrmed. corainuedonpage 162 pdnted on recycled paDer 162 CONTENTS': Califomia Real Estate Reporter continued from page 161 State Law Preempta Hdd of Building Standards for Housing. If the subject mattrx of legislation has b<t.a fully occupied by tl~ state, ~ is no room for supplementary local legislation [citing Lancas~x v. Mun/cipal Court (1972) 6 C. al. 3d 805]. The Court of Appeal found that the legislature has expressed an intent to fully occupy the field of building standards relating to housing. Th~ court referred ~edly to Bris eno v. City of Santa Aria [(1992) 6 Cal. App. 4th 1378], which held that the stat~ has generally preempted the field of housing construction standants. The Briseno court observed ~at the history of the State Housing Law demonstrated the legislature's d~sin: to pree, mpl local regulation gene. ral]y. Before 1970, the Stat~ Housing Law [Health & Safety Code § 17910 et seq.] p~nniraxl cities and counties to impose n~s~c~ons equal to or greater than sta~ building standards. In 1970, the Law was mvis~ to (1) t'=quire the sta~ to adopt rules and regula6~n.s/reposing the sax~ requirements as were contained in the vatio~s uniform building codes, and (2) require every city and county to adopt ordinaacu or regula- tions imposing the same requl~-ments. It w~s clear that the~ amendments evidenced a i~gislative intent to genera. lly preempt local regulation in thin area [citing Brinerio v. City of Santa Ann (1992) 6 CaL App. 4th 1378, 1382]. As the Brisenocourt funhea'notexl, it may be infern~ thai the legislature intended to occupy the field because it prescribed the manner in which local authorities may adopt ordinances that vary from the uniform codes. It would have made- little stnse to prescribe a narrow set of circumstances in which local entities can override slate law ff they were almdy free to do so with im,nlmity [citing Briseno v. City of Santa Ana (1992) 6 C. al. App. 4th 1378, 1382-1383]. The Court of Appeal found Br/seno's reasoning per- sua.sive, and joined the other con that have unanimously concluded that Califoxnia has generally pr~:mpted the field ofn:sidential building standards [citing, e.g., ABS Institute v. City of Lancaster (1994) 24 CaL App. 4th 285]. State Law Authorizes City to Adopt More Stringent Fire Sprinkler Requirements. Because the state has prompted this area, local authorities can adopt more stringent standards only pursuant to a specific statutory grant of July 1996 authority, not pursuant to the general police power [citing ABS Institute v. City of Lancaster (1994) 24 Cal. App. 4th 285]. Health & Safety Code § 17598.5 provides that a city or county may make any changes in the requirements con- rained in the provisions published in the California Building Standards Code and in the other regulations adopted put- suant to Health & Safety Code § 17922 (discussed below) that the municipality determines are reasonably necessary because of local climatic, geological, or topographical con- ditions. Express findings are required [Health & Safety Code § 17598.7]. The Court of Appeal found that the Livermore City Council expressly found that modified standards for fire extinguishing systems were necessary because of local con- ditions. In particular, the City Council found that hot, windy summers had led to grass and brush fires in the grasslands surrounding the city, and that these conditions greatly in- creased the fn'e risk to residences. The Council also found that the City had a large number of topographical features that hindered fn'e suppression services and was near several earthquake faults. A major earthquake would create a demand for fire suppression services that the local fire department could not meet. Definition of "Building Standards." Building Industry contended that the fire sprinlder requirements were not authorized because they were not "building standards" adopted pursuant to Health & Safety Code § 17922, but were instead '~f'tre and paxtic safety standards" adopted by Slate Fire Marshal under a scparat~ provision. The Court of Appeal found, however, that § 17922 incorporates into the State Housing Law thc residential building standards pub- lished in the California Building Standards Code. Section 17922 provides in pertinent part that the building standards adopted and submitted by the DeImmment of Housing for approval, "and the other rules and regulations. which are contained in Title 24 of the California [Code of Regulations] and are adopted, mended. or repealed pursuant to chapter 2 of the State Housing Law, shall be adopted by reference. The court found that the standards adopted by the State Fire Marshal an adopted pursuant to § 17922. are codified in Title 24. and are adopted pursuant to chapter 2 of the State Housing Law. Under this analysis, the State Fat: Marshal's standards ate adopted pursuant to § 17922 and the City could modify them when it expressly found that the changes were necessary because of local climatic, geological, or topographical conditions. Attorney General Opinion- The Court of Appeal recog- nized that the Attorney General reached the opposite con- clusion in 72 Ops. Cat. Any. Gen. 180 (1989). That opinion stated that building standards adopted by the State Fire Marshal were not adopted pursuant to § 17922. However, Co.. I~r._) 16,3 the court found that the Attorney General opinion had ignored the fact that § 17922 incorporates both building standards adopted by the Department of Housing and other rules and regulations contained in Ti~e 24, which include the State FIre Marshal's regulations. Effect of Health & Safety Code § 13143.5. The Court of Appeal found that in response to the Attorney General opinion, the legislature adopted Hrddth & Safety Code § 13 ! 43.5. Section 13143.5(a) provides that cities and court- ties may make more stringent changes to building code standards relating to fh'e. Section 13143.5(b), however, provides that nothing in the section shall authorize a local jurisdiction to mandate, nor prohibit a local jurisdiction from mandating. the installation of a residential fire control 164 system within newly constructed dwelling units. Livennore contended thax the adoption of § 13143.5 reafru'med its authority to adopt morn stringent fire Si:lfinkl~l, require- ments. The Building Association contended that the section granted a new power to local governments to adopt building staadaMs r~lating to fire and pamc safety (hat a~ more stringent than the standards in the California Building Standards Code, but that this new power was subject to the spocific exc,~tion that the section did not authorize a local jurisdiction to mandam me installation of residential sprinkler systems within new construction. The Court of Appeal examined the legislative history and found that it supported both positions to some extent. Some of the legislative history indicated thnt the purpose of § 13143.5 was to clarify existing law providing tlmt.more stringent fire sprinkler systems could be required. The Legislative Counsel. on the other hand, concluded that § 13143.5 would not confer aufi~otity for mor~ stringent standards. The Court of Appeal found, however, that the l-~gislative Counsel, like the Attorney General, ignored the meaning of "other rules and regulations" as used in § 17922 (~,hich. as discussed above, includes Stale F'we Marshal regulations). The Court of Appeal found that, because of the conflict- ing legislative history, the legislature did not decide whetha § 13143.5 clarified existing law or was a grant of new authority. Instead, the legislature lc~ the ambiguity for courts to resolve. The corn1 found (hat § 13143.5(a) by itself clearly gives authority to local agencies to adopt more stringent fire sprinkler requirements. However, § 13143.5Co) arlded a seemly conlradictory requittment for fife sprinkler requirements. Reduced to its essence, § 13 i 43.5Co) means thai the new law neither grants nor with- holds local authority to require fn'~ sprinidcr$ in single- family residences. ff the new statute does nothing in this rcgarcl, earlier law governs. Therefore, § 13 143.5 does affect a local jurisdiction's preexisting authority to mandate the installation of fu'~ sprinkler systems. The court found that this result was complelely consistent with the legislative history of § 13143.5, which showed tha~ the legishture did not intend to take a position on the issne becau.g any position would offend some of its constituents. Conclusion. The Court of Appeal concluded that before 1990, cities and counties'already had the authority to modify building standants adopted by the Slate Fire Marshal if thcy found the changes were required by local climatic, geologi- cal, or topographical conditions. This authority included the power to require fh'e sprinkler systems in single-family residences. Because § 13143.5 neither authorizes nor prohibils a local jurisdiction from mandating such systems, . ' local authorities still have (hat power. California Real Estate Reporter DATE: TO: FROM: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT September 18, 1996 ' Mayor and Members of the City Council Rex Gutierrez and Paul Biane Library Foundation Ad Hoc Committee CONSIDERATION OF RECOMMENDATIONS FOR LIBRARY FOUNDATION APPOINTMENTS AND DISCUSSION OF RECRUITMENT POLICY RECOMMENDATION The City Council consider the recommended appointments for the Library Foundation as recommended by the Library Foundation Ad Hoc Committee and modify the recruitment policy for the Library Foundation to allow for non-residents of Rancho Cucamonga to be appointed to the Library Foundation. Background The Library Foundation Ad Hoc Committee is made up of ourselves, Robert Howdyshell and Edward Swistock. The first recruitment for the Library Foundation closed July 8, 1996 and at that time we had only received three applications. The Ad Hoc Committee elected to re-advertise with the second recruitment closing August 15, 1996. With the August 15, 1996 closing, we had eight applicants total. The Ad Hoc Committee conducted interviews on Monday, September 9, 1996, and we will announce the recommended appointments at the time this Staff Report is given. Analysis Following the two recruitments for the Library Foundation, the Ad Hoc Committee is recommending the residency requirement to serve on the Library Foundation be removed to allow individuals who do not reside within the community to serve on the Library Foundation. The Ad Hoc Committee reiterated the primary goal of the Library Foundation is to raise funds to support library services. Recipients of those services include residents within the City and surrounding community and the local business people who may or may not be residents. Eliminating the residency requirement would enable .$,~ose who benefit from the services to help raise funds to pay for them. Re spectfully! Submitted, LR?~cr2;t~~ation Ad Hoc Committee Respectfully Submitted, Paul Biane Library Foundation Ad Hoc Committee CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: September 11, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer MEETING OF THE ROUTE 30 TASK FORCE The September meeting of the Task Force was held on Tuesday, September 10th, at 6:00 p.m. with nine members in attendance. The agenda included an update on the status of the EIR, a discussion of the freeway agreement and a showing of a videotape on sound walls for those members who were unable to attend the August 14th workshop on sound walls. Caltrans and SANBAG staff reviewed the current status of the EIR, explaining that it is finishing its public review period and responses are being prepared on comments received so far. The task force was concerned that the lowered profile was not covered by the EIR, but received assurance that a supplement will be prepared and provided for review by the City. This will cover all changes proposed by the City and agreed to by SANBAG. This procedure will assure the timely completion of the EIR while still addressing the concerns of the City. Members of the task force had reviewed the freeway agreement and questioned the fact that it is very general in nature. The members felt specific items covered during two years of deliberations were not covered by the wording of the agreement. It was explained that freeway agreements are a standard form and are always general in nature, intended only to define the extent of the freeway construction, the locations of interchanges, and the status of city streets which cross the freeway. This information is shown on the standard exhibit attached to the agreement. After a considerable discussion, it was agreed the freeway agreement should remain in standard form, but a letter of understanding should be written to provide assurance from SANBAG and Caltrans that changes in the profile and the mitigation measures recommended by the City in the interchange areas would be contained in a written record to provide guidance should personnel changes occur in any agency. This letter of agreement will be drafted by the City for review by a task force sub-committee and then be finally reviewed by the task force and SANBAG staff at a special task force meeting on Monday, September 23rd, at 4:00 p.m. This letter will then be sent to the City Council, along with the freeway agreement, for consideration on October 2nd. The meeting was adjourned with the final item being presentation of the sound wall video for those members wishing to view it and a question and answer period with Caltrans and SANBAG staff regarding sound walls. Respectfully submitted, William J City Engineer k,,.WJO:ls CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: TO: FROM: SUBJECT: September 18, 1996 Mayor and Members of the City Council Jack Lam, AICP, City Manager James L. Markman, City Attorney p. fl~ APPLICABILITY OF A CITY EMPLOYEE SERVING ON THE LIBRARY FOUNDATION I was asked to review the applicability of a City Employee serving on the Library Foundation. So long as there are no financial agreements between the City and the Library Foundation in which a City employee may be involved or actually processing, there are no legal constraints to a City employee serving on the Library Foundation. If you have any questions, please call me. CC: Deborah Clark, Library Manager Jerry Fulwood, Deputy City Manager Diane O'Neal, Management Analyst II PETITION Petition to have the City of Raneho Cucamonga investigate unsafe road conditions/excessive speed on 19'k (between Haven and High]and Avenues) and install a stop sign along this route. There i.~ a high volume of traffic on 1~m Street, this compounded with several blind curves (Inyo P1. and Palm Dr.) maices it unsafe for cars ~!ling out onto 19'k Street. The speedof the cars traveling on 19'k Street is excessive, well above the posted 45 mph speed limit. At the intersection of 19th Street and Highland Avenue, the road goes from two lanes to one right turn only lane and a left mm only lane. This leads to cars racing to merge into the right hand lane and has resulted in several accidents. In addition, since the new high school has opened, more students axe walidng along and crossing 19m Street, putting them at risk due to the unsafe tra~c conditions. We want the City of Rancho Cucamonga to investigate the traffic conditions and as a minimum illstaLl a stop sign on 19th Street between Haven and Highland Avenues. Name Address ~,0 BIR Baldy View Region ~V~MO DATE: September 18, 1996 TO: FROM: SUBJECT: Mayor and City Council City ofRancho Cucamonga Residential Fire Sprinklers The BI ANC v. Citv oft ,ivermore decision is from the Third District Court of Appeals. It is not binding precedent on the o~her courts of appeal. "A decision of a court of appeal is not binding in other courts of appeal. One district or division may refuse to follow aprior decision ofa different district ordivisionJ' 9 Witkin, Cal. Procedure (3d ed. 1985) Appeal, §722 see also cases cited therein. According to Boalt Hall's Professor Barnett, "at the mo st, there is a sort ofrebuttable presumption that another court of appeal will follow only by a court that finds it persuasive..." S. Barnett, "Depublication Deflating,' 45 Hastings Lj. 250 (March 1994). Attached is the Highland City Ordinance 209 adopted on April 23, 1996. This ordinance allows an alterna- tive fire sprinkler system which uses one water meter combined with the domestic water lines for single familydwellings. I would like to reiterate the BIA position on residential fire sprinklers ..... We are not opposed to residential fire sprinklers ..... We are opposed to mandatory residential fire sprinkler requirements. A homebuyer should have the discretion on how he/she wants to spend his/her housing dollars. I am also attaching fire fatality statistics for San Bemardino County for years 1986 through 1991 which clearly indicates that ftre fatalities occur in olderhomes, not newhomes-Statisticswere obtained from the state fire marshall. Also attached is an editorial that appeared in the Inland Valley Dally Bulletin, Monday January 20, 1992 opposing residential fire sprinklers in new construction. The BIA recommends that the City continue to seek ways to reduce the costs of installing residential fire sprinklers to encourage homebuyers to make the choice of putting fire suppression systems in their homes. 9227 Haven Avenue. Suite 280 · Rancho Cucamonga, California 91730 · (909) 945-1884 · FAX (909) 948-9631 . L.L T UI' MIIDMLHI~ILI I I-L - 1'~U-~'00/-'--~1-~U .~_v-p J.o -~'-' 2 '~-' ,~u .uuv ORD%NANCE NO. ~0~ AN ORDINANCE OF TflE CI'l'~ CO[3NCIL O~ THE CITY OF HIGHS, CALIFOi~IIAREPEALING ORDINANCE NO. 93ANDAMENDING IN ITS ENTIRETY CHAPTE~ 8.2~ O~ ~ITLE 8 OF THEMUNICIPAL CODE OF THE CITY OF HIGHLAND REGULATING FIRE SPRINKLER SYSTEMS WHEREAS, the City of Highland was incorporated on November 24, 1987; and WHEREAS, citizens of Highland have become increasingly concerned about the level of fire services being provided; and WHEREAS, there are only one (1) fully operational fire station and one partially maned fire station to respond to emergency medical calls and fire service calls generated within the City; and WHEREAS, the continued construction of new residential, institutional and commercial, and industrial buildings with the attendant increase in population of the City and increased demand on existing fire services has affected the adequacy and availability of fire service protection within the City and has created an urgent need for the improvement of this essential service; and WHEREAS, there is a need to reduce damages caused by fires and the amount of time ~pent in fighting fires and mopping up thereafter; and WHEREAS, the Public Safety Subcommittee has met to discuss possible alternate construction methods to reduce the cost of construction related to fire sprinkler protection within single family dwellings; and WHEREAS, the Public Safety Committee has met with East Valley Water District (EVWD) to discuss liability of an alternative method of fire sprinkler installation in single family dwellings; and WHEREAS, it was agreed at the March 13, 1996 Public Safety Meeting by EVWD and the City of Highland that the City create a new Ordinance which allows an alternative fire sprinkler system which uses one water meter combined with the domestic water lines for single family dwellings. NOW, THEREFORE, The City Council of the City of Highland does ordain as follows: 1 CITY iJk HIbHLHND ILL:i'-qU'J'-xbz'-~l~-U ':._Pp id _~o ~._,.n ~u.uuo r .u-~ Section 1. Chapter 8.24 of.'the Highland Municipal Code is hereby amended in its entirety as follows: Chapter 8.24 'Fire Sprinkler Systems 8.24.0].0 Requirements for Fire Sprinkler Systems 8.24.020 Sprinkler Type 8.24.030 Exemption 8.24.040 Additional Requirements Section 8.24.010 Requirements for Fire Sprinkler Systems. Automatic sprinkler systems shall be installed and maintained in all new construction regardless of floor area that is an A, B, E, F, H, I, M, R, S, U, occupancy type per the current adopted Uniform Building Code. Section 8.24.020 Sprinkler Type. Automatic sprinkler systems shall tonform to the appropriate National Fire Protection Association (NFPA) Standard as follows: (A) Type A, B, E, F, H, I, M, S, U occupancy groups and all K occupancy groups except R-3 shall be designed to the requirements set forth in NFPA 13, or 13R systems. Automatic fire sprinkler systems designed for the above listed commercial and residential applications shall be reviewed and approved by the Fire Department and City Building Official. (B) Type R-3 occupancy group shall have a fire suppression system. Said system shall be at a minimum, designed to the requirements set forth in NFPA 13D multi purpose distribution system except as provided for in Section 8.24.040. Automatic fire sprinkler systems designed for residential single family structures using the NFPA 13D system under 4,000 square feet not including the garage shall be reviewed and approved by the Building Official, and for single family structures over 4,000 square feet, the review and approval shall include the Fire Department. Section 8.24.030 Exemption. Provisions of this ordinance shall not apply to buildings for which building permits have been issued prior to the effective date of the ordinance, nor shall fire sprinkler systems be required for R-3 occupancy types that otherwise mitigate fire services needs in a manner approved by the City, nor any habitable addition or accessory additions attached or detached to existing residential dwelling less th~n 500 square feet cumulative above the original permitted dwelling size. Set backs for accessory structures of 500 sq. ft. or more shall comply with the requirements of the Highland Municipal Code, Chapter 15.12. 2 I_IIY UI'- MIbHLHND ILL:i-WU'.'?-L'SbZ->i-HU 'Sep 1,W '~b _',3:7( NO.IJUb l"".Uz-J, SectiOn 8.24.040 Additional Requirements. The multipurpose distribution system shall be designed with a 1" water supply line to all sprinkler heads. A 3/4" supply line to dwelling and sprinkler heads may be proposed although a plan review and approval by the Fire Departmunt will be required prior to permit issuance. Single Family R-3 sprinkler systems shall be designed to protect the garage and carport areas that are attached to the dwelling. SECTION 2. Repealed. Ordinance NO. 93 is hereby repealed. SECTION 3. Severability. If any section, subsection subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. of posted in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this 23RD da I 1996 bennis Johnson, Mayor SECTION 4. The City Clerk shall certify to the adoption this Ordinance and shall cause the same to be published or ATTEST: City Clerk 3