HomeMy WebLinkAbout1995/03/15 - Agenda Packet# ·
CITY COUNCIL
AGENDA
CITY OF RANCHO CUCAMONGA
REGULAR MEETINGS
1st and 3rd Wednesdays - 7:00 p.m.
March 15, 1995
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 Williams, Councilmember
Jack Larn, CityManager
James L. Markman, City Attorney
Debra J. Adams, City Clerk
City Office: 989-1851
City Council Agenda
March 15, 1995
PAGE
All items submitted for the City Council Agenda must be in writing. The
deadline for submitting these items is 6:00 p.m. on the Tuesday prior to the
meeting. The City Clerk's Office receives all such items.
1. Roll Call:
A. CALL TO ORDER
Alexander Biane , Curatalo
Gutierrez , and Williams __
B. ANNOUNCEMENTS/PRESENTATIONS
Presentation of Proclamation to the Rancho Cucamonga Police Department
recognizing them for their continued outstanding service to the community.
Presentation of Proclamation Designating March as Red Cross Month.
Presentation of Proclamation Designating the week of March 12-18, 1995
as Girl Scout Week.
Presentation of Proclamation Designating the week of March 26-April 1,
199,5 as Architecture Week.
Presentation of the Special Award of Excellence for the Adult Sports
Complex from the California Park & Recreation Society.
C. COMMUNICATIONS FROM THE PUBLIC
This is the time and place for the general public to address the City Council.
State law prohibits the City Council from addressing any issue not previously
included on the Agenda. The City Council may receive testimony and set the
matter for a subsequent meeting. Comments are to be limited to five minutes
per individual.
D. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and non-
controversial. They will be acted upon by the Council at one time without
discussion. Any item may be removed by a Councilmember or member of the
audience for discussion.
Approval of Minutes:
December 21, 1994 (Special Meeting)
December 21, 1994
January 17, 1995
February 1, 1995 (Gutierrez absent)
City Council Agenda
March 15, 1995
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13.
Approval of Warrants, Register Nos. 2/22/95, 3/1/95 and 3/8/95; and Payroll
ending 2/9/95, 2/23/95 and 3/9/95 for the total amount of $3,661,055.16.
Approval to receive and file current Investment Schedule as of February 28,
1995.
Alcoholic Beverage Application for Off-Sale General for Haven Wine &
Liquor, Flash Holdings Incorporated, 8401 Haven Avenue.
Alcoholic Beverage Application for On-Sale Beer and Wine for Numero Uno
Pizza 37, Raymond P. and Jeffrey M. Barkes, 8998 Foothill Blvd #102.
Alcoholic Beverage Application for On-Sale Beer and Wine for Howell's
Farm House Cafe, Richard A. Howell, 8733 Etiwanda Avenue.
Alcoholic Beverage Application for Off-Sale Beer and Wine for Baskets
Galore, Alexander L and Darcy Lo Frazin, 10970 Arrow Route #207.
Alcoholic Beverage Application for On-Sale Beer and Wine for Spires
Restaurant, David and Lynn Ferreira, and Joseph and M. Juraci Garcia,
10380 Foothill Boulevard.
Approval of expenditure from Asset Seizure Fund for various equipment for
the Police Department, in an amount not to exceed $97,000.00.
Approval of a request by the Rancho Cucamonga Chamber of Commerce
to waive City fees in conjunction with the annual Business and Community
Expo.
Approval to co-sponsor the D.A.R.E. Baseball Clinic at the Epicenter
between the Rancho Cucamonga Quakes, Rotary International, The City of
Rancho Cucamonga and the Rancho Cucamonga Police Department.
Approval to authorize the Engineering Division of the City of Rancho
Cucamonga to file a claim for reimbursement by SAN BAG of funds
expended for curb cuts for the disabled on Camelian Street from Base Line
Road to 19th Street in the amount of $11,837.75.
Approval of Resolution upholding the applicant's appeal of a condition of
approval for Conditional Use Permit 93-49.
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City Council Agenda
March 15, 1995
RESOLUTION NO. 95-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING
THE APPEAL AND APPROVING A WALL SIGN AT THE
WEST ELEVATION, FOR HOME EXPRESS, A TENANT
WITHIN THE TOWN CENTER SQUARE COMMERCIAL
CENTER, LOCATED ON THE NORTH SIDE OF
FOOTHILL BOULEVARD BETWEEN SPRUCE AND ELM
AVENUES, AND MAKING FINDINGS IN SUPPORT
THEREOF - APN: 1077-,421-58 AND 63
Approval of Map, execution of Improvement Agreement, Improvement
Security, Agreement for Encroachment in City Easement or Right-of-Way
and Ordedng the Annexation to Landscape Maintenance Distdct No. 3B and
Street Lighting Distdct Nos. 1 and 6 for Pamel Map No. 14647, bounded on
the south by Fourth Street, on the east by Milliken Avenue, on the north by
the A.T. & S.F. (Metrolink) Railroad, an on the west by Cleveland Avenue,
submitted by Environmental Golf, Incorporated.
RESOLUTION NO. 95-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PARCEL MAP NO. 14647, IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITY, AND
AGREEMENT FOR ENCROACHMENT INTO CITY
EASEMENT OR RIGHT-OF-WAY
RESOLUTION NO. 95-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING
THE ANNEXATION OF CERTAIN TERRITORY TO
LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1
AND 6 FOR PARCEL MAP NO. 14647
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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.
City Council Agenda
March 15, 1995
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. REVIEW OF CURRENT TAXI CAB ORDINANCE
I. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion.
They are not public hearing items, although the Chair may open the meeting
for public input.
1. DISCUSSION OF PROPOSED ORDINANCE TO PREVENT
CONVENIENCE STORE ROBBERIES AND OTHER ALTERNATIVES
(Continued from February 15, 1995)
DISCUSSION ON HOW TO CONDUCT LIBRARY BOARD INTERVIEWS
J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
This is the time for City Council to identify the items they wish to discuss at
the next meeting. These items will not be discussed at this meeting, only
identified for the next meeting.
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City Council Agenda
March 15, 1995
PAGE
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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.
COMCAST ACCEPTANCE OF CABLE INDUSTRY'S CUSTOMER
SERVICE PLAN
70
L. ADJOURNMENT
MEETING TO ADJOURN TO MARCH 22, 1995, 5:00 P.M. IN THE TRI-
COMMUNITIES CONFERENCE ROOM OF THE CIVIC CENTER FOR THE
PURPOSE OF HOLDING A JOINT MEETING WITH CHAFFEY COLLEGE.
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
March 9, 1995, seventy-two (72) hours prior to the meeting per Government Code
54954.2 at 10500 Civic Center Drive.
December 21, 1994
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Special Meeting
A. CALL TO ORDER
A special meeting of the Rancho Cucamonga City Council was held on Wednesday, December 21, 1994 in
the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga,
California. The meeting was called to order at 6:07 p.m. by Mayor William J. Alexander.
Present were Councilmembers: James Curatalo, Rex Gutierrez, Diane Williams, and Mayor William J.
Alexander.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City
Manager; Olen Jones, Sr. RDA Analyst; Bred Buller, City Planner; Joe O'Neil, City Engineer; Bill Makshanoff,
Building Official; Robert Dominguez, Administretive Services Director; James Frost, City Treasurer; Suzanne
Ota, Community Services Manager; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management
Analyst II; Susan Mickey, Management Analyst I; Jan Sutton, Deputy City Clerk; Chief Dennis Michael and
Fire Captain Mike Eagleson, Rancho Cucamonga Fire District; and Debre J. Adams, City Clerk.
B. ITEMS OF BUSINESS
B1. ADMINISTRATION OF OATH OF OFFICE - Oaths of Office will be administered by the Honoreble
Judge Charles Havens, Judge, San Bernardino County Superior Court.
Judge Charles Havens administered the Oath of Office to Paul Biane who was recently appointed by the
Council to fill a vacancy.
B2. SELECTION OF MAYOR PRO-TFM
Councilmember Curetalo nominated Rex Gutierrez.
MOTION: Moved by Alexander, seconded by Biane to appoint Rex Gutierrez as Mayor Pro Tem. Motion
carried 4-0-0-1 (Williams abstained).
City Council Minutes
December 21, 1994 Special Meeting
Page 2
C. PRESFNTATIONS
C1. PRESFNTATION BY JIM AND GVVYN FROST
Gwyn Frost presented the traditional coffee mug to Paul Biane to commemorate his appointment to the City
Council.
Mayor Alexander stated that at the close of the City Council meeting the Council would be closing in memory
of Deputy Jeff Hill.
D. COMMUNICATIONS FROM THE PUBLIC
D1. Jim Frost felt there has been a lack of leadership in flood zone matters in years past and felt this was
a good time for the Council to change that with the new Council coming on. He stated the Zone 1
Advisory Board was omitted from the Subcommittee list and felt the Council should select someone.
E. ADJOURNMFNT
MOTION: Moved by Curatalo, seconded by Gutierrez to adjourn to the regular City Council meeting which
would commence at 7:00 p.m. Motion carried unanimously 5-0. The meeting adjourned at 6:17 p.m.
Respectfully submitted,
Debra J. Adams, CMC
City Clerk
Approved:
December 21, 1994
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meeting
A. CALL TO ORDER
A special meeting of the Rancho Cucamonga City Council was held on Wednesday, December 21, 1994 in
the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga,
California. The meeting was called to order at 7:22 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; Jerry Fulwood, Deputy City
Manager; Olen Jones, Sr. RDA Analyst; Brad Buller, City Planner; Joe O'Neil, City Engineer; Bill Makshanoff,
Building Official; Robert Dominguez, Administrative Services Director; James Frost, City Treasurer; Suzanne
Ota, Community Services Manager; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management
Analyst II; Susan Mickey, Management Analyst I; Jan Sutton, Deputy City Clerk; Chief Dennis Michael and
Fire Captain Mike Eagleson, Rancho Cucamonga Fire District; and Debra J. Adams, City Clerk.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Mayor Alexander presented a proclamation to Rick Gomez, Community Development Director, for
his service to the City of Rancho Cucamonga and wished him well as he starts a career with the City of
Arcadia.
Rick Gomez thanked the City for everything and the Council for their support.
Jack Lam, City Manager, commended Rick for his service to the City.
B2. Jack Lam, City Manager, introduced Ron Bieberdorf as the new Captain of the Police Department
sinca Bruce Zeiner would be leaving Rancho Cucamonga and going to the Narcotics Division of the Sheriffs
Department. This would be effective January 7, 1995.
B3. Mayor Alexander presented a Proclamation to Captain Zeiner in memory of Deputy Jeff Hill.
Captain Zeiner added that Jeff Hill was unique and dedicated to the youth.
City Council Minutes
December 21, 1994
Page 2
C. COMMUNICATIONS FROM THE PUBLIC
C1.
Marcus Solomon, 9130 Foothill, stated he was misquoted in the newspaper before he went to Russia
and did not mean to offend anyone. He brought some information for the Council to read which was
what he was learning in Berkeley.
C2.
Jim Frost felt the Council should re-evaluate the other commissions since they were discussing the
Public Safety Commission. He felt the Historic Preservation Commission should be put back in the
hands of the experts.
D. CONSENTCALENDAR
D1. Approval of Warrants, Register Nos. 11/30/94 and 12/7/94; and Payroll ending 11/16/94 for the total
amount of $1,861,824.09.
D2. Approval to receive and file current Investment Schedule as of November 30, 1994.
D3. Alcoholic Beverage Application for Off-Sale General for Ramona Market & Liquor #3, Deeb I Deeb,
located at 9794-96 19th Street.
D4. Alcoholic Beverage Application for On-Sale Beer and Wine for Cue & View Billlard Club, Virginia and
William Walls, located at 7985 Vineyard Avenue.
D5. Alcoholic Beverage Application for On-Sale Beer and Wine for Ellies, Mohammad Hassan Aslani-
Vatan, located at 9155 Archibald Avenue Unit C.
D6. Alcoholic Beverage Application for Off-sale Beer and Wine for J. Filippi Vintage Company, J. Filippi
Vintage Co., 12467 Base Line Road.
D7. Alcoholic Beverage Application for Off-Sale Beer and Wine for Vineyard Shell, Diana and Arturo
Flores, 8919 Foothill Boulevard.
D8. Approval to authorize the advertising of the "Notice Inviting Bids" for the Rancho Cucamonga
Neighborhood Center Lighting Project, to be funded through the Community Development Block Grant
Program, Account Number 28-4333-9105.
RESOLUTION NO. 94-245
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS
FOR THE "RANCHO CUCAMONGA NEIGHBORHOOD CENTER LIGHTING
PROJECT," IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS
D9. Approval to authorize the advertising of the "Notice Inviting Bids" for the Neighborhood Center Interior
Improvement Project, to be funded through the Community Development Block Grant Program, Account
Number 28-433-9105.
City Council Minutes
December 21, 1994
Page 3
RESOLUTION NO. 94-246
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
THE "NEIGHBORHOOD CENTER INTERIOR IMPROVEMENT PROJECT," IN
SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS
D10. Approval to authorize the advertising of the "Notice Inviting Bids" for the East Beryl Park and West
Beryl Park Touch Pad and Lighting and Control Systems, to be funded from Landscape Maintenance District
No. 1, Account No. 40-4130-7043.
RESOLUTION NO. 94-247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
THE EAST BERYL PARK AND WEST BERYL PARK TOUCH PAD LIGHTING
CONTROL SYSTEMS IN SAID CITY AND AUTHORIZING AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE BIDS
D11. Approval of Summary Vacation of a Flood Inundation Area and Ordering the Annexation to Landscape
Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DR 94-06, located on
the south side of Jersey Boulevard, east of Milliken Avenue, submitted by Mission Mexican Foods,
Incorporated.
RESOLUTION NO. 94-248
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF THE
FLOOD INUNDATION AREA AS SHOWN ON PARCEL 22 PER AMENDED
PARCEL MAP 11891
RESOLUTION NO. 94-249
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN
TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET
LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 94-06
D12. Approval to award and authorization for execution of contract (CO 94-086) to EGN Construction
Incorporated for the Right-tum Lane at Archibald Avenue and Base Line Road, in the amount of $142,817.40
($129,834.00 plus 10% contingency), to be funded from Gas Tax Account No. 09-4637-9211.
D13. Approval to execute a Joint Facilities Use Agreement (CO 94-087) between the City of Rancho
Cucamonga and the Etiwanda School District.
D14. Approval to release Agreement for Postponement of CC&R's for Tract 14486, located on the north
side of Arrow Route, east of Archibald Avenue, submitted by Cedar Villas, a California Limited Partnership.
City Council Minutes
December 21, 1994
Page 4
RESOLUTION NO. 94-250
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RELEASING AN AGREEMENT FOR
POSTPONEMENT OF APPROVAL OF CC&R'S FOR TRACT 14486
D15. Approval to accept Improvement, Release of Bonds and Notice of Completion for Tract 13945, located
on the south side of Highland Avenue east of East Avenue.
Release: Faithful Performance Bond (On-Site)
Faithful Performance Bond (Highland)
$ 254,000.00
405,000.00
RESOLUTION NO. 94-251
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
TRACT 13945 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION
FOR THE WORK
D16. Approval to accept Improvements, Release of Bonds and Notice of Completion for Rancho
Cucamonga High School Street Improvements, located at Lark Drive and Rochester Avenue.
Release: Faithful Performance Bond (Lark Drive)
Faithful Performance Bond (Rochester)
$ 313,000.00
175,000.00
RESOLUTION NO. 94-252
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
RANCHO CUCAMONGA HIGH SCHOOL, AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
D17. Approval to accept the Rochester Avenue and Banyan Street Improvements, located north of
Highland Avenue and LMD-6 Landscape Improvements Project, Contract No. 94-002, as Complete, Release
the Bonds and Authorize the City Engineer to file a Notice of Completion and approve the final contract
amount of $461,150.44.
RESOLUTION NO. 94-253
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
ROCHESTER AVENUE AND BANYAN STREET IMPROVEMENTS LOCATED
NORTH OF HIGHLAND AVENUE AND LMD-6 LANDSCAPE IMPROVEMENTS
PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION
FOR THE WORK
D18. Approval to accept the Resurfacing of the Traffic Bearing Deck and Parking Structure at the Civic
Center Project, Contract No. 94-056, as Complete, Release the Bonds and Authorize the City Engineer to file
a Notice of Completion and approve the final contract amount of $180,627.35.
City Council Minutes
December 21, 1994
Page 5
RESOLUTION NO. 94-254
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
RESURFACING OF THE TRAFFIC BEARING DECK AND PARKING STRUCTURE
AT THE CIVIC CENTER PROJECT AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
MOTION: Moved by Gutierrez, seconded by Biane to approve the staff recommendations in the staff reports
contained in the Consent Calendar.
on the Investment Schedule.
No items were submitted.
No items were submitted.
No items were submitted.
No items were submitted.
I1.
Motion carried unanimously, 5-0 with Gutierrez abstaining from voting
E. CONSENT ORDINANCES
ADVERTISED PUBLIC HEARINGS
G. PUBLIC HEARINGS
H. CITY MANAGER'S STAFF REPORTS
I. COUNCIL BUSINESS
CONSIDERATION TO DRAFT A LETTER OF SUPPORT FOR WESLEY CHESBRO FOR STATE
WASTE MANAGEMENT BOARD Staff report presented by Jack Lam, City Manager.
MOTION: Moved by Curatalo, seconded by Williams directing that a letter of support for Wesley Chesbro for
State Waste Management Board be written. Motion carried unanimously, 5-0.
City Council Minutes
December 21, 1994
Page 6
12. DISCUSSION OF THE POSSIBILITY OF REINSTATING THE PUBLIC SAFETY COMMISSION
(Oral Report by Councilmember Curatalo)
Councilmember Curatalo felt discussion should take place for the possibility of reinstating the Public Safety
Commission.
Councilmember Alexander felt the City should take a look at a couple of the other Commissions also.
Councilmember Curatalo felt the meetings should be once per month and that the department heads didn't
necessarily have to be there, but instead a representative from their department.
Councilmember Gutierrez felt the Public Safety Commission should be reinstated. He also felt the Historic
Preservation Commission should be looked at.
Councilmember Biane stated he felt cost should be considered when discussing this further.
Councilmember Willlares asked what would the mission be for reinstating this Commission and did not feel
the public had been neglected in the past. She stated she did not feel there should be a buffer between the
residents and the Council. She felt if there is a need, that would be fine to reinstate it, but felt there should
be a need first.
Councilmember Gutierrez felt the citizens have the right to participate and felt this was a big area for a two
member committee to handle.
Councilmember Curatalo felt the Commission was a way for the citizens to get easier access.
Councilmember Biane felt there needed to be a mission statement for the Commission and to also study the
cost before a decision is made.
Councilmember Gutierrez felt that people would come and voice their opinions to the Public Safety
Commission easier than they would the City Council.
Councilmember Williams stated she would like to get input from the new police chief on this matter also.
MOTION: Moved by Gutierrez, to be able to discuss this at a future meeting.
Mayor Alexander opened the meeting for public comments. Addressing the City Council were:
Don Donnelly, resident, stated he was shocked at the cost of $900,000 to operate the old Public
Safety Commission. He felt the Public Safety Commission was a good idea and another avenue for
access to solve problems.
Dennis Bishop, resident, felt there should be more police officers.
Gary Kendrick, resident, stated he felt the Commissions were micro-managed. He did not feel the
Council was intimidating.
Frank Munoz, resident, felt a Public Advisory Committee, not to be as large as a Commission, but
scaled down, would be a good idea.
There being no further input, the public comments were closed.
City Council Minutes
December 21, 1994
Page 7
MOTION: Moved by Gutierrez, seconded by Curatalo to continue talking about reinstating the Public Safety
Commission at the February 15, 1995 meeting, bringing back recommendations and costs, with input from
the Police Department on the feasibility of this. Motion carried unanimously, 5-0.
Jack Lam, City Manager, stated an application for two officers has been made, but that the City would have
to pay 25% of the cost for 3 years and then about $95,000 per year thereafter.
Councilmember Gutierrez stated he would like to have team building workshops with the Commissions before
a decision is made on this, He stated he would like to know how much it would cost for monthly meetings or
quarterly meetings.
Councilmember Biane felt the City should look at how other cities handle their Commission and what it costs
them.
Councilmember Williams felt it was a good idea to see how other cities handle their public safety issues, and
what innovative ideas are out there.
MOTION: Moved by Gutierrez, seconded by Curatalo to check with the League of California Cities and report
back this information at the February 15, 1995 meeting. Motion carried unanimously, 5-0.
ITEMS 14 THROUGH 19 WERE HEARD AT THIS TIME, BUT THE MINUTES WERE REMAIN IN AGENDA
ORDER.
13. SELECTION OF CITY COUNCIL SUBCOMMI'FrEES Staff report presented by Jack Lam, City
Manager.
The attached document outlines the subcommittee decisions.
14. DISCUSSION OF ORDINANCE TO PREVENT ROBBERIES AT CONVENIENCE STORES Staff
report presented by Duane Baker, Assistant to the City Manager.
Councilmember Curatalo stated he supports six of the points listed, but not number 7.
Mayor Alexander felt the information should be shared with the Chamber of Commerce.
Mayor Alexander opened the meeting for public comments. Addressing the City Council were:
Mark Davidson, business man and resident of Rancho Cucamonga, stated he wanted to talk about
the two person matter in the evenings. He stated after visiting the convenience stores that were open
at 3:00 a.m. in the City, all of the clerks were in favor of the Ordinance.
Gary Kendrick, resident, stated Mr. Davidson had read the ad from the paper today. He stated he
knew the family of the murdered victim and did not feel the Council should impose some of the
regulations on private businesses.
John and Marlene Harvey, owner of the 7 - 11 Store on Foothill and Archibald, asked what pro-active
means.
City Council Minutes
December 21, 1994
Page 8
Mayor Alexander stated it means to take action before something happens and felt the City has always done
this.
Mr. Harvey stated he would like for the Council to come to his business before a decision is made.
Mrs. Harvey stated two employees working late at night would not stop a crime.
Dennis Bishop, 7363 Greenhaven, stated he read the ad in the paper today and felt it was too good
to be true. He was curious how many businesses would be put out of business if the Ordinance was
passed. He felt the Ordinance would protect no one and solve nothing.
There being no further input, public comments were closed.
Councilmember Gutierrez stated he does have concerns about mandating the businesses. He wanted to
know how many of the businesses already have some of the proposed provisions implemented in their stores.
He did not feel the City should force the businesses to have two employees working late at night. He asked
Captain Zeiner if there was anything the City could have done to stop these brutal murders.
Captain Zeiner, Police Department, stated there is nothing the City can do to prevent murder, but hoped that
the incident of the crime that would lead to murder could be stopped.
Councilmember Biane stated he did not feel the City should impose mandates to hurt someone's business.
He felt if a mandate is imposed, the Council should pay to assist the business.
Councilmember Curatalo stated he supports the first six points, but not number 7.
Councilmember Williams stated she would not impose a mandate to hurt someone's livelihood. She asked
how the City would enforce the rule of two people working. She felt there were other ways to get things done
without making people do something they don't want.
MOTION: Moved by Curatalo, seconded by Gutierrez to accept staffs report except for Item No. 7, and to
take this to the Chamber of Commerce for further study and bring it back to the Council for further
discussions. Motion carried unanimously, 5-0.
15. DISCUSSION ON USE OF CITY SEAL (Oral Report by Councilmember Gutierrez)
Councilmember Gutierrez felt the seal should be used on certificates and letterhead.
Jack Lam, City Manager, stated the odginal intent of the seal was to be used on official documents in the City
Clerk's office.
Councilmember Willlares felt residents recognize the logo and that is what they relate to. She stated she had
some concern about ignoring the logo and instead using the seal on everything.
Councilmember Gutierrez felt the Council and Mayor should be more visible with their names on some of the
certificates that are produced.
Councilmember Willlares felt the staff should be innovative in the design of certificates.
City Council Minutes
December 21, 1994
Page 9
ACTION: No action was taken. Report was received and filed.
ITEMS 16 AND 17 WERE CONSIDERED AT THE SAME TIME.
16. STATUS REPORT ON THE OLD LIBRARY BUILDING AT LIONS COMMUNITY PARK Staff report
presented by Suzanne Ota, Community Services Manager.
Councilmember Gutierrez felt there were enough activities at the Neighborhood Center that the possibility
should be looked at of having that facility as a senior center and having the center on Base Line as a youth
center.
Councilmember Alexander asked if he knew how much this would cost.
Councilmember Gutierrez stated no.
Councilmember Williams stated she appreciated the VIP Club for approaching the Council and felt the cost
should also be looked at when considering this. She felt revenue producing programs for the seniors should
also be looked at.
Councilmember Biane stated he supported this idea also. He felt staff should look at this and see what the
cost would be.
Councilmember Curatalo stated he supported what has been said.
Mayor Alexander opened the meeting for public comment. Addressing the Council were:
Don Corral, President of the VIP Club, stated they have contacted other areas as to what they do for
the seniors. He felt Rancho Cucamonga was lacking in this area.
Jim Frost felt staff should include in their report where other senior activities are being held. He felt
the total picture should be looked at.
Nellie Ayala, site Manager at the Neighborhood Center, felt the seniors needed a place where they
could gather and have a place of their own.
MOTION: Moved by Gutierrez, seconded by Alexander to direct staff to develop alternatives to provide a
senior center at the Neighborhood Center and how other programs could fit into the old library building. To
come back to the City Council at the February 15, 1995 meeting. Motion carried unanimously, 5-0.
Councilmember Williams felt the parking lot expansion should also be looked at and included in the report.
17. REPORT ON PROGRAMS CONDUCTED AT THE RANCHO CUCAMONGA NEIGHBORHOOD
CENTER
Discussion on this item is contained in Item 16.
City Council Minutes
December 21, 1994
Page 10
18. REPORT ON SPORTS RELATED DEVELOPMENT ACTIVITIES Staff report presented by Brad
Buller, City Planner,
Councilmember Gutierrez felt all sports related development projects should be given the same scrutiny.
Councilmember Curatalo stated he felt flee enterprise was important and that it was not up to government to
dictate what business comes here.
ACTION: Report received and filed.
19. UPDATE REPORT FROM ROUTE 30 AD HOC TASK FORCE Staff report presented by Joe O'Neil,
City Engineer.
ACTION: Report received and filed.
Mayor Alexander called a recess at 9:47 p.m.
present.
The Council reconvened at 10:03 p.m. with all members
J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
J1. Councilmember Gutierrez asked to discuss the possibility of a delegate for the Zone 1 Flood Control
Advisory Committee.
K. COMMUNICATIONS FROM THE PUBLIC
No communication was made from the public.
L. ADJOURNMENT
MOTION: Moved by Williams, seconded by Biane to adjourn. Motion carded unanimously, 5-0. The meeting
adjourned at 10:40 p.m.
Respectfully submitted
Debra J. Adams, CMC
City Clerk
Approved:
CITY COUNCIL COMMITTEES, SUBCOMMITTEES AND COMMISSIONS
As Designated from December 21. 1994 City Council Meeting
The following is a brief synopsis of each of the Council Committees, Subcommittees and Commissions.
BALDY VIEW PUBLIC PRIVATE COALITION (CLOUT)
Provides a program of action for the public and pdvate sectors of the Baldy View region on issues of area-wide
importance.
Meets the fourth Thursday of each month, 7:30 a.m., Ontario Marriott Hotel
DELEGATE: Alexander ALTERNATE: Williams
CITY SELECTION COMMITTEE
The City Selection Committee is made up of all of the Mayors for San Bernardino County and its purpose is
to select elected representatives to various bodies which include: Local Agency Formation Commission
(LAFCO) and the Air Quality Management District. The regular meeting of the committee is held on the last
working day of April of every even numbered year at the Norman Feldhym Library in San Bernardino in
conjunction with SAN BAG agenda business starting at 9:30 a.m.
Mayor is Representative
AB 939 SOLID WASTE TASK FORCE
This is a state mandated task force created by San Bernardino County and is made up of the Board of
Supervisors, elected representatives from each City within San Bernardino County and 10 non-elected
representatives. The purpose of the task force is to coordinate the development of the County and City's
Source Reduction and Recycling Elements and to coordinate a cost effective regional solid waste
management system.
Meets on a Quarterly Basis; the Third Thursday of Each Month from 2 p.m. to 4 p.m. at Fisk
Auditorium of the San Bernardino County Museum.
DELEGATE: Biane
ALTERNATE: Alexander
AIR QUALITY MANAGEMENT DISTRICT (AQMD) COMMITTEE
Provides liaison with the South Coast Air Quality Management District regarding air quality issues.
Meets as Needed at the AQMD Headquarters in Diamond Bar
DELEGATE: Gutierrez ALTERNATE: Alexander
CABLE TELEVISION SUBCOMMITTEE
Provides liaison for the cable television franchises and to develop the public access portion of the franchise
agreement.
Meets as Needed at the Rancho Cucamonga Civic Center
DELEGATES: Gutierrez and Biane
City Council, Committees, Subcommittees
and Commissions as designated from
December 21, 1994
Page 2
CALIFORNIA CONTRACT CITIES ASSOCIATION
The Association provides a networking with other contract cities for services, such as working on legislation.
Meets third Wednesday of each month except for the months of January, May, July and October, in
different locations at 6:30 p.m.
DELEGATE: Curatalo ALTERNATE: Gutierrez
CHAMBER OF COMMERCE REPRESENTATIVE
Provides liaison between the Chamber of Commerce and the City of Rancho Cucamonga in coordinating
projects and items of mutual interest.
Meets Second Wednesday of Each Month at the Rancho Cucamonga Chamber office
DELEGATE: Willjams ALTERNATE: Curatslo
COMMUNITY FOUNDATION SUBCOMMITTEE
Monitors the activities of the Foundation and items of mutual interest.
Meets as Needed at Rancho Cucamonga Civic Center
DELEGATES: Willjams and Gutierrez
FIRE DISTRICT PERSONNEL COMMITTEE
Reviews employment eligibility lists prior to certification and other related personnel matters.
Meets as Needed at Rancho Cucamonga Civic Center in accordance with Fire Department Rules and
Regulations
DELEGATES: Alexander and Biane
HOUSING SET ASIDE SUBCOMMITTEE
Reviews affordable housing needs and develops strategy and programs for agency set-aside money.
Meets first Tuesday of February at 8:30 a.m. and as needed at Rancho Cucamonga Civic Center
DELEGATES: Alexander and Gutierrez
INLAND EMPIRE LEAGUE OF CALIFORNIA CITIES
The Inland Empire League is one of fifteen divisions within the League of California Cities and functions as
an "arm" of cities. The League also provides training, legislative tracking, and research for associate cities.
Meets monthly and/or quarterly as needed; location changes each month
DELEGATE: Curatalo ALTERNATE: Willjams
City Council Committees, Subcommittees
and Commissions as Designated from
December 21, 1994
Page 3
MOBILE HOME ACCORD REVIEW SUBCOMMI'!'I'EE
Provides liaison for the City's Mobile Home Accord and contract negotiations. The Accord is a contract
between the owners of the City's mobile home parks and the City and addresses rent stabilization for the
mobile home parks.
Meets first Tuesday of February at 10:00 a,m. and as needed at Rancho Cucamonga Civic Center
DELEGATES: Alexander and Biane ALTERNATE: Gutierrez
OMNITRANS
OMNITRANS is a Joint Powers Agreement which coordinates the busing needs of its associate cities.
Meets the first Wednesday of each month at Omnitrans Headquarters in San Bernardino at 8:00 a.m.
DELEGATE: Alexander ALTERNATE: Williams
PARK AND RECREATION FACILITIES SUBCOMMITTEE
Provides liaison for the construction of park and recreation facilities and items of mutual concern.
Meets first Tuesday of February at 9:00 a,m. and as needed at Rancho Cucamonga Civic Center
DELEGATES: Alexander and Williams
PUBLIC SAFETY SUBCOMMITTEE
Provides a liaison for public safety issues.
Meets the first Tuesday of February at 10:30 a,m, and as needed at Rancho Cucamonga Civic Center
DELEGATES: Gutierrez and Curatslo
PUBLIC WORKS SUBCOMMITTEE
Provides liaison for public works projects throughout the City. (Law Enforcement Subcommittee combined
with this subcommittee.)
Meets first Tuesday of each month at 8:00 a,m, at Rancho Cucamonga Civic Center
DELEGATES: Gutierrez and Biane
City Council, Committees, Subcommittees
and Commissions as designated from
December 21, 1994
Page 4
REDEVELOPMENT MARKETING SUBCOMMITTEE
Provides liaison for the marketing of the City and reviews agency marketing budget. (Regional Mall
Subcommittee combined with this subcommittee.)
Meets first Tuesday of February at 9:30 a.m. and as needed at Rancho Cucamonga Civic Center
DELEGATES: Williams and Biane
ROUTE 30 AD HOC TASK FORCE
Created August 3, 1994 in response to residents' desire for input into the Route 30 Corridor.
Meets the second Tuesday of Each month at 7:00 p.m. at the Rancho Cucamonga Civic Center, Tri-
Communities Conference Room.
DELEGATES: Alexander and Williams ALTERNATE: Curatalo
ROUTE 30 CORRIDOR DESIGN JPA
Created January 19, 1994 to address Route 30 Corddor concerns for both San Bernardino and Los Angeles
Counties; subsequent to the November 8, 1994 elections, Judy Wright is now Chair and Claremont is now
responsible for agenda coordination.
Meets the second Tuesday of each month at 10:00 a.m., and since the Claremont representative is
now Chair, it is anticipated that the meetings will be held in Claremont.
DELEGATES: Willjams and Curatalo ALTERNATE: Alexander
SAN BERNARDINO COUNTY GANGS & DRUG TASK FORCE
Interfaces with other local agencies and districts to address gang and drug issues throughout our region,
Meets monthly at 7:30 a.m. and meeting is generally held at the Sheriffs Headquarters in San
Bernardino though there are times when different meeting locations are used,
DELEGATE: Curstalo ALTERNATE: Alexander
SANBAG
SAN BAG is the regional planning authority of which the City participates in through a Joint Powers Agreement.
Meets the first Wednesday of each month at the Norman Feldhym Library in San Bernardino at 9:30
DELEGATE: Alexander ALTERNATE: Williams
City Council Committees, Subcommittees
and Commissions as Designated from
December 21, 1994
Page 5
SOUTHERN CALIFORNIA ASSOCIATED GOVERNMENTS (SCAG)
SCAG is an association of County and City governments and is a Council of Governments (COG). The
purpose of such councils is to provide a forum where members can reach agreement on issues of common
concern and develop regional planning approaches.
Meets as Needed, and Annual meeting held in March of each year; location changes (the last two
years meetings were held in Brea)
DELEGATE: Curatalo ALTERNATE: Biane
YOUTH ASSISTANCE SUBCOMMITTEE
Addresses funding opportunities for proposed comprehensive youth assistance programs for at-risk youths
and their families.
Meets as Needed at Rancho Cucamonga Civic Center
DELEGATES: Alexander and Curatalo
PARK AND RECREATION COMMISSION AND PLANNING/HISTORIC PRESERVATION COMMISSION
The Council Subcommittees for these Commissions conduct the interviews for the expired terms and
vacancies as they occur and provide liaison for items of mutual interest.
Park & Recreation
PlanninglHPC
DELEGATES: Alexander and Williams
DELEGATES: Gutierrez and Biane
RECOMMENDED DELETIONS
· Animal Control Subcommittee
Facility constructed and completed
· Central Park Design Committee
Master Plan completed and adopted
· Day Laborer Task Force
· Development and Inspection Review Ad Hoc Committee (Arroyo Seco Study)
Implementation has occurred
· Emergency Preparedness Subcommittee
· Finance Subcommittee
City Council, Committees, Subcommittees
and Commissions as designated from
December 21, 1994
Page 6
Law Enforcement Subcommittee
Combined with the Public Works Subcommittee
Regional Mall Subcommittee
Combined with Redevelopment Marketing Subcommittee
San Bernardino County Soil Erosion Subcommittee Dissolved by County of San Bernardino
Sphere of Influence Subcommittee
City has a Local Agency Formation Commission (LAFCO) Boardmember
Victoria Lakes Subcommittee
Should project efforts resume, a Subcommittee and/or Task Force can be created
ADDITIONS AS DIRECTED BY THE CITY COUNCIL
Route 30 Ad Hoc Task Force
DELEGATES: Alexander and Williams
ALTERNATE: Curatalo
Created August 3, 1994 in response to residents' desire for input into the Route 30 Corridor.
Meets the second Tuesday of Each month at 7:00 p.m. at the Rancho Cucamonga Civic Center, Tri-
Communities Conference Room.
Route 30 Corridor Design JPA
DELEGATES: Williams and Curatalo
ALTERNATE: Alexander
Created January 19, 1994 to address Route 30 Corddor concerns for both San Bernardino and Los Angeles
Counties; subsequent to the November 8, 1994 elections, Judy Wright is now Chair and Claremont is now
responsible for agenda coordination.
Meets the second Tuesday of each month at 10:00 a.m., and since the Claremont representative is now Chair,
it is anticipated that the meetings will be held in Claremont.
COUNCIL COMMITTEES/SUBCOMMITTEES AND COMMISSIONS
December 21, 1994
Alexander
Baldy View Public Private Coalition (CLOUT)
City Selection Committee
Fire District Personnel Committee
Housing Set Aside Subcommittee
Mobile Home Accord Review Subcommittee
Omnitrans
Park and Recreation Commission
Park and Recreation Facilities Subcommittee
Rt 30 Ad Hoc Task Force
SAN BAG
Youth Assistance Subcommittee
AB939 Solid Waste Task Force
Air Quality Management District (AQMD) Committee
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
Alternate
Alternate
Biane
AB939 Solid Waste Task Force
Cable Television Subcommittee
Fire District Personnel Committee
Mobile Home Accord Review Subcommittee
Planning/Historic Preservation Commission Subcommittee
Public Works Subcommittee
Redevelopment Marketing Subcommittee
Southern California Associated Governments (SCAG)
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
Alternate
Curatalo
California Contract Cities Associate
Inland Empire League of California Cities
Public Safety Subcommittee
Rt 30 Corridor Design Authority
San Bernardino County Gangs & Drug Task Force
Southern California Associated Governments (SCAG)
Youth Assistance Subcommittee
Chamber of Commerce Representative
Rt 30 Ad Hoc Task Force
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
Alternate
Alternate
COUNCIL COMMITTEES/SUBCOMMITTEES AND COMMISSIONS
December 24, 1994
Gutierrez
Air Quality Management District (AQMD) Committee
Cable Television Subcommittee
Community Foundation Subcommittee
Housing Set Aside Subcommittee
Planning/Historic Preservation Subcommittee
Public Safety Subcommittee
Public Works Subcommittee
California Contract Cities
Mobile Home Accord Review Subcommittee
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
Alternate
Alternate
Williams
Chamber of Commerce Representative
Community Foundation Subcommittee
Park and Recreation Commission Subcommittee
Park and Recreation Facilities Subcommittee
Redevelopment Marketing Subcommittee
Rt 30 Ad Hoc Task Force
Rt 30 Corridor Design Authority
Baldy View Public Private Coalition (CLOUT)
Omnitrans
SAN BAG
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
DELEGATE
Alternate
Alternate
Alternate
January 17, 1995
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Adjourned Meeting
A. CALL TO ORDER
An adjoumed meeting of the Rancho Cucamonga City Council was held on Tuesday, January 17, 1995, in
the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga,
California. The meeting was called to order at 7:18 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; William Curley, Deputy City Attorney; Jerry Fulwood, Deputy
City Manager; Linda Daniels, RDA Manager; Larry Henderson, Principal Planner; Scott Murphy, Associate
Planner; Joe O'Neil, City Engineer; Bill Makshanoff, Building Official; Robert Dominguez, Administrative
Services Director; Suzanne Ota, Community Services Manager; Deborah Clark, Library Manager; Duane
Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management
Analyst I; Chief Dennis Michael and Captain Mike Eagleson, Rancho Cucamonga Fire District; and Debra J.
Adams, City Clerk.
B. ANNOUNCEMENTS/PRESENTATIONS
Mayor Alexander announced that Boy Scout Troop 648 was present also.
B1. Presentation of Proclamation to the Alta Loma High School 1994 Football Champions.
Mayor Alexander presented the Proclamation to Alta Loma High School 1994 Football Champions.
C. COMMUNICATIONS FROM THE PUBLIC
No communications were made from the public.
D. CONSENT CALENDAR
D1. Approval of Warrants, Register Nos. 12/28/94 and 1/4/95; and Payroll ending 12/15/95 for the total
amount of $1,565,265.50.
City Council Minu~s
January 17,1995
Page 2
D2. Approval to receive and file current Investment Schedule as of December 31, 1994.
D3. Approval to Destroy Records and Documents which are no longer required as provided under
Government Code Section 34090.
RESOLUTION NO. 95-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY
RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS
PROVIDED UNDER GOVERNMENT CODE SECTION 34090
D4. Approval to execute a Mills Act Contract 94-02 with Mr. and Mrs. Dennis Parker for the restoration
of the Demens-Tolstoy House, a designated local landmark, located at 9686 Hillside Road - APN 1061-561-
04.
RESOLUTION NO. 95-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING MILLS ACT AGREEMENT NO. 94-02
(ARTICLE 12, SECTION 50280 OF THE CALIFORNIA GOVERNMENT CODE)
FOR THE HISTORIC LANDMARKED PROPERTY LOCATED AT 9686 HILLSIDE
ROAD - APN: 1061-561-04
D5. Approval to execute a Transfer Site Lease Agreement with the California Department of
Transportation.
D6. Approval to execute proposed contract (CO 95-001 ) with the Friends of the Library for use of Library
space to operate a Friends Bookstoro.
D7. Approval to execute Associate Member Agreement (CO 95-002) with Underground Service Alert of
Southern California.
D8. Approval to award and authorize execution of a Professional Services Agreement (CO 95-003) for
the Northeast Community Park Design Project to RJM Design Group, Incorporated, for the amount of
$104,450.00, to be funded from the 1988 Conservation Bond Act, Account No. 27-4532-8924, and the Public
Resources Grant, Account No. 34-4532-8924.
D9. Approval to Release Real Property Improvement Agreement Contract and Lien Agreement for Parcel
2 of Parcel Map No. 4773 located on the south side of 23rd Street east of Etiwanda Avenue, submitted by Kad
Trautwein.
RESOLUTION NO. 95-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT
CONTRACT AND LIEN AGREEMENT FROM PARCEL 2 OF PARCEL MAP NO.
4773
City Council Minutes
January 17, 1995
Page 3
D10. Approval to accept the Traffic Signal and Safety Lighting at the Intersection of Haven Avenue and
Banyan Street Project, Contract No. 94-008, as complete, release the bonds and authorize the City Engineer
to file a Notice of Completion and approve the final contract amount of $189,907.36.
RESOLUTION NO. 95-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
TRAFFIC SIGNAL AND SAFETY LIGHTING AT THE INTERSECTION OF HAVEN
AVENUE AND BANYAN STREET PROJECT AND AUTHORIZING THE FILING OF
A NOTICE OF COMPLETION FOR THE WORK
MOTION: Moved by Gutierrez, seconded by Biane to approve the staff recommendations in the staff reports
contained in the Consent Calendar with Gutierrez abstaining from voting on Item No. D2. Motion carried
unanimously, 5-0.
No items were submitted.
No items were submitted.
No items were submitted.
E. CONSENT ORDINANCES
F. ADVERTISED PUBLIC HEARINGS
G. PUBLIC HEARINGS
H1.
MEETING WITH THE CITY COUNCIL Staff report presented by Deborah Clark, Library Manager.
H. CITY MANAGER'S STAFF REPORTS
CONSIDERATION OF A REQUEST FROM THE LIBRARY BOARD OF TRUSTEES FOR A JOINT
Councilmember Gutierrez thought the team building and goal setting would work into meetings with the
Commissions and City staff.
Jack Lam, City Manager, stated these meetings would be set after the team building workshops are conducted
with the Council.
Councilmember WIIliams felt these types of meetings should be set with all of the Commissions. She felt the
Commissions were not only to do what the Council is asking of them, but to give their own ideas on issues.
Councilmember Biane felt it was a good idea.
City Council Minutes
January 17, 1995
Page 4
Councilmember Curatalo stated he concurred with what had been said and felt it was a good way to get to
know the Commissioners.
Mayor Alexander stated he concurred.
ACTION: Staff to set meetings after the goal and team building workshops for the City Council are concluded.
I. COUNCIL BUSINESS
I1. CONSIDERATION TO APPROVE RESOLUTION OPPOSING THE REGIONAL COMPREHENSIVE
PLAN IN ITS CURRENT FORM AND TO CHANGE THE WORD "PLAN" TO "REPORT" Staff report
presented by Joe O'Neil, City Engineer.
Mayor Alexander opened the meeting for public comments. Addressing the City Council were:
Frank Williams, BIA, distributed a handout to the Council. He stated he has been critiquing this plan
for about 3 - 4 years. He stated the name has been changed to include the word "guide". He
mentioned there is not a source to fund the implementation of the plan. He continued making
comments about the plan and felt the Resolution should be approved.
Arnold San Miguel, resident of Rancho Cucamonga and also works at the Riverside SCAG office,
stated he did not think there would be an additional cost to the City relating to the approval of this
plan. He continued to comment on it and stated he supports the plan.
There being no further input, the public comments section was closed.
Councilmember Gutierrez stated he does have some concerns with the plan, but thought it was well thought
out. He stated he would concur with the Resolution and felt the advisory and mandated objectives should be
separated out.
Councilmember Williams stated she did not like the idea of appointed people telling elected people what is
best for their City. She stated she agreed with the Resolution.
Councilmember Curatalo stated he agreed with Councilmember Gutierrez and Williams' comments and felt
SCAG is only an advisory body. He concurred with the Resolution.
Councilmember Biane stated he also agreed with the Resolution. He felt the City should take care of its own
destiny.
RESOLUTION NO. 95-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RECOMMENDING THE REGIONAL
COMPREHENSIVE PLAN BE OPPOSED IN ITS CURRENT FORM AND TO
CHANGE THE WORD "PLAN" TO "REPORT"
MOTION: Moved by Williams, seconded by Curatalo to approve Resolution No. 95-008. Motion carried
unanimously, 5-0.
City Council Minutes
January 17, 1995
Page 5
Councilmember Alexander felt communication to the other cities should be sent advising of Rancho
Cucamonga's position on this.
Councilmember Gutierrez felt a member of the City Council should also be present at these meetings.
12. ROUTE 30 UPDATE Staff report presented by Joe O'Neil, City Engineer.
ACTION: Report received and filed.
13. CONSIDERATION TO FILL VACANCY OF AN ALTERNATE FOR THE ROUT 30 AD HOC (Oral
Report)
Councilmember Williams felt adding an alternate should be made. She stated she has received an application
from someone who was interviewed previously and that they are interested in this project and felt he was
qualified. She submitted John Van Doren's name.
Mayor Alexander felt it might be a good idea to get a representative from the Supervisor~s office to be at these
meetings also.
Councilmember Williams stated she agreed, but felt there should be a member from the public to be the
alternate.
Councilmember Biane stated he knew of some people that would be willing to serve on this committee.
Councilmember Gutierrez stated he did not have a problem with Mr. Van Doren's appointment.
Mayor Alexander felt it should be opened up.
Diane O'Neal, Management Analyst II, stated there are old applications to look at.
Mayor Alexander felt the old applications should be looked at also.
ACTION: To advertise on Saturday, January 21 and close applications on Thursday, January 26 and for the
core group of the Task Force to interview the applicants.
14. UPDATE REGARDING THE PARK AND RECREATION COMMISSION VACANCY Staff report
presented by Diane O'Neal, Management Analyst II.
Mayor Alexander mentioned that there is someone who currently sits on both the Park and Recreation
Commission as well as the Library Board. He stated he would like communication sent to Jackie Bolda asking
for her to decide which she wants to sit on.
Councilmember Williams stated she agreed with Mayor Alexander that this was an opportunity for this person
to decide which board she wants to sit on. She commented that there are so many residents that are willing
to serve on a commission.
City Council Minutes
January 17, 1995
Page 6
ACTION: The Council concurred they would advertise for this and write a letter to Jackie Bolda asking for her
to resign from one of the Boards she currently sits on.
15. DISCUSSION OF HISTORICAL DESIGNATION FOR THE REGINA WINERY SITE Staff report
presented by Larry Henderson, Principal Planner.
Mayor Alexander opened the meeting for public input. Addressing the City Council was:
Gino Filippi, who stated he is interested in restoring this and working with the City as to whatever is
best for the site.
There being no further comments, public input was closed.
Mayor Alexander asked about any problems that might come up.
Larry Henderson, Principal Planner, outlined the process that would be needed.
Mayor Alexander stated he is in favor of the designation, but felt it should come back one more meeting so
that any downsides to this could be investigated.
Councilmember Williams felt the land and the buildings needed to be looked at separately.
Jack Lam, City Manager, stated it would come back after it is further researched.
J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
J1. Councilmember Biane stated he has noticed a surge of graffiti and wondered why it is happening and
asked for a report to come back to the Council at the next meeting.
K. COMMUNICATIONS FROM THE PUBLIC
No communications were made from the public.
City Council Minutes
January 17, 1995
Page 7
L. ADJOURNMENT
MOTION: Moved by Biane, seconded by Gutierrez to adjoum to Saturday, January 28, 8:00 a.m. for a team
building workshop to be held at the Best Western Heritage Inn located at 8179 Spruce, Rancho Cucamonga.
Motion carried unanimously, 5-0. The meeting adjourned at 8:20 p.m.
Respectfully submitted,
Debra J. Adams, CMC
City Clerk
Approved:
February 1, 1995
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meeting
A. CALLTO ORDER
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, February 1, 1995, in the
Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California.
The meeting was called to order at 7:10 p.m. by Mayor William J. Alexander.
Present were Councilmembers: Paul Biane, James Curatalo, Diane Williams, and Mayor William J.
Alexander.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry B. Fulwood, Deputy City
Manager; Linda D. Daniels, RDA Manager; Brad Buller, City Planner; Larry Henderson, Principal Planner;
Scott Murphy, Associate Planner; Joe O'Neil, City Engineer; Bob Zetterberg, Integrated Waste Coordinator;
Bill Makshanoff, Building Official; Robed Dominguez, Administrative Services Director; Suzanne Ota,
Community Services Manager; Deborah Clark, Library Manager; Duane Baker, Assistant to the City Manager;
Susan Mickey, Management Analyst I; Jan Sutton, Deputy City Clerk; Capt. Ron Bieberdorf, Rancho
Cucamonga Police Department; and Debra J. Adams, City Clerk.
Absent was Councilmember: Rex Gutierrez.
B. ANNOUNCFMENT$1PRFSENTATIONS
B1. Presentation of Check from National D.A.R.E. Association to the City of Rancho Cucamonga.
Deputy Tim Masters, David Matuguina (Fontana School Police) and Deputy Brett Zour presented a check in
the amount of $1,103.85 on behalf of the California D.A.R.E. Officers Association. Deputy Masters pointed
out that the money should go back into the City's D.A.R.E. program.
C. COMMUNICATIONS FROM THE PUBLIC
C1. John Van Doren, 11186 Corsica, expressed that he wants to serve the community of Rancho
Cucamonga and be a pad of the Route 30 Ad Hoc Task Force.
Duane Baker, Assistant to the City Manager, stated that interviews would occur on February 15.
C2. Dawn Hall, mother of Joshua Rexford who was murdered on November 27, 1994, distributed
information to the Council and asked that her concerns regarding a reward system for crimes be
placed on the next agenda.
City Council Minutes
February 1, 1995
Page 2
Mayor Alexander stated this would be agendized for the next meeting.
D. CONSENT CAI FNDAR
Approval of Minutes:
November 16, 1994
December 7, 1994 (Special Meeting)
D2. Approval of Warrants, Register Nos. 1/11/95 and 1/18/95; and Payroll ending 12/27/94 for the total
amount of $1,467,462.78.
D3. Alcoholic Beverage Application for Off-Sale General for Albertsons, Albertsons Incorporated,
southeast corner of Base Line and Amhibald.
D4. Approval to appropriate $12,000.00 in Fund 75 (Etiwanda/Highland Improvement) for costs associated
with the formation of Community Facilities Distdct No. 88-2.
D5. Approval of Request from Alta Loma Little League for in~eld improvements at Hedtage Community
Park.
D6. Approval of a resolution establishing a reward amount for graffiti tipstem.
RESOLUTION NO. 95-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A REWARD AMOUNT FOR
INFORMATION LEADING TO THE ARREST AND CONVICTION OF AN
INDIVIDUAL FOR VIOLATION OF CALIFORNIA PENAL CODE SECTIONS 594,
594.3, 640, 640.5 OR 640.6 OR SECTIONS 8.24-030, 8.24.040, OR 8.24.050 OF
THE RANCHO CUCAMONGA MUNICIPAL CODE (GRAFFITI)
D7. Approval to execute Improvement Agreements and Improvement Securities for Tract 14139, located
on the southwest comer of 25th Street and Etiwanda Avenue, submitted by Centex Real Estate Corporation
and Release of Previously submitted Improvement Agreements and Improvement Securities accepted by the
City Council on November 6, 1991, from Ahmanson Development.
RESOLUTION NO. 95-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENTAGREEMENTS AND
IMPROVEMENT SECURITIES FOR TRACT 14139 AND RELEASING THE
IMPROVEMENT AGREEMENTS AND IMPROVEMENTS SECURITIES
PREVIOUSLY ACCEPTED BY THE CITY COUNCIL ON NOVEMBER 6, 1991
D8. Approval to accept the Vinmar Avenue Street Improvements, from Ninth Street to Chaffey Street Alley
Project, Contract No. 94-007, as Complete, Release the Bonds and Authorize the City Engineer to file a Notice
of Completion and approve the final contract amount of $77,147.20.
City Council Minutes
February 1, 1995
Page 3
RESOLUTION NO. 95-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
VINMAR AVENUE STREET IMPROVEMENTS, FROM NINTH STREET TO
CHAFFEY STREET ALLEY AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
D9. Approval to accept the Calaveras Avenue Street Improvements, from Ninth Street to Chaffey Street
Alley Project, Contract No. 94-032, as Complete, Release the Bonds and Authorize the City Engineer to file
a Notice of Completion and approve the final contract amount of $85,160.81.
RESOLUTION NO. 95-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
CALAVERAS AVENUE STREET IMPROVEMENT PROJECT, FROM NINTH
STREET TO CHAFFEY STREET ALLEY PROJECT AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
MOTION: Moved by Curatalo, seconded by Biane to approve the staff recommendations in the staff reports
contained in the Consent Calendar, with Curatalo abstaining from voting on the November 16, 1994 minutes.
Motion carried unanimously, 4-0-1 (Gutierrez absent).
E. CONSENT ORDINANCES
No items were submitted.
F. ADVERTISED PUBLIC HEARINGS
F1. CONSIDFRATION OF THE ISSUANCE OF MULTI-FAMILY HOUSING RFVFNUE BONDS FOR THF
PERMANFNT RFFINANCING OF RANCHO VFRDE VILLAGE. AND RELATED ACTIONS Staff report
presented by Linda Daniels, RDA Manager.
Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was
closed.
ACTION: No action taken at this meeting. The item will return at the February 15, 1995 Council meeting.
G. PUB~ IC HEARINGS
No items were submitted.
City Council Minutes
February 1, 1995
Page 4
H. CITY MANAGER'S STAFF REPORTS
H1. CONSIDFRATION TO APPOINT A CITY LFGISI ATIVF DELFGATE Staff report presented by Jack
Lam, City Manager.
MOTION: Moved by Alexander, seconded by Curatalo to appoint Diane Williams as the representative and
Paul Biane as the alternate. Motion carried unanimously, 4-0-1 (Gutierrez absent).
I. COUNCIL BUSINESS
I1. CONSIDFRATION OF PROPOSAL BY GINO FILIPPI TO LEASE ACREAGE AT CENTRAL PARK
TO CREATE A VVORKING VINEYARD Staff report presented by Joe O'Neil, City Engineer.
Mayor Alexander suggested that a sign be put up at the park site stating what the property is being used for
until the park could be built.
Councilmember Williams stated she agreed with the Mayor's suggestion.
Councilmember Curatalo stated he also agreed with this concept.
ACTION: Consensus to move forward with the possibility of the lease.
12. CONSIDFRATION OF HISTORICAL DESIGNATION FOR THE REGINA WINERY SITE Staff report
presented by Larry Henderson, Principal Planner.
RESOLUTION NO. 95-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK
DESIGNATION 88-04 - THE ELLENNREGINA VVINERY, LOCATED AT 12467
BASE LINE ROAD AS A HISTORIC LANDMARK- APN: 228-171-24
MOTION: Moved by Williams, seconded by Curatalo to approve Resolution No. 95-013. Motion carried
unanimously, 4-0-1 (Gutierrez absent).
13. GRAFFITI UPDATF RFPORT Staff report presented by Bob Zetterberg, Integrated Waste
Coordinator.
ACTION: Report received and filed.
City Council Minutes
February 1, 1995
Page 5
J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
J 1. Mayor Alexander asked that staff and the Police Department work on a reward system program for
crimes as was brought up by Dawn Hall.
J2. Mayor Alexander stated that Chaffey College has asked for a joint meeting with the City Council to
discuss items of mutual concern and that this consideration be placed on the next agenda.
J3. Mayor Alexander asked that there be an update on Route 30.
K. COMMUNICATIONS FROM THE PUBLIC
K1,
Keith Keene, Victoda Park area resident, mentioned that the graffiti is of concern to him and felt there
were new tag identification marks throughout his neighborhood. He stated he is reporting his graffiti
findings to Councilmember Gutierrez who was reporting them to Jerry Fulwood. He hopes the police
can catch these individuals.
L. ADJOURNMENT
MOTION: Moved by Biane, seconded by Curatalo to adjourn to February 14, 1995, 8:00 a.m. at the Best
Western Heritage Inn located at 8179 Spruce, Rancho Cucamonga for a goal setting workshop. Motion
carried unanimously, 4-0-1 (Gutierrez absent). The meeting adjourned at 7:47 p.m.
Respectfully submitted,
Debra J. Adams, CMC
City Clerk
Approved:
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03/08/1995 CITY OF RANCHOCUCAMONGA PM - 1
PORTFOLIO MASTER SUMMARY CITY
FEBROARY 28, 1995 CASH
AVERAGE ---YIELD TO MATURITY---
PERCENT OF AVI~GE DAYS TO 360 365
INVESTMENTS BOOK VALUE PORTFOLIO TERM MATURITY EQUIVALENT EQUIVALENT
Certificates of Deposit - Bank...
Local Agency Investaent Funds ....
Federal Agency Issues - Coupon...
~reasury Securities - Coupon ......
Treasur~ L-curities - Discount ....
Mortgage Backed Securities ........
Small Business A~inistration .....
........... $ 11,919,566.50 25.86 363 201 5.015 5.084
........... $ 17,517,038.78 38.00 1 1 5.530 5.607
........... $ 11,540,759.38 25.04 689 510 6.722 6.816
.......... $ 272,845.00 0.59 1,180 914 6.571 6.662
.......... $ 3,349,805.89 7.27 361 72 4.861 4.929
.......... $ 396,838.53 0.86 6,429 3,638 8.931 9.055
.......... $ 1,101,562.50 2.39 9,131 5,990 8.184 8.298
TOTAL INVESTS and AVERAGES ............. $ 46,098,416.58 lO0.OOt 573 365 5.745t 5.825%
Passbook/Checking Accounts ...................
(not included in yield calculations)
Accrued Interest at Purchase .................
TOTAL CASH and P~HA~E INTEREST .............
TOTAL ClSlt and INVESTMENTS .................
1,268,097.24 1.973 2.000
86,114.20
1,354,211.44
47,452,628.02
MONTH ENDING FISCAL
FEBRUARY .28 YEAR TO DATE
Current Year
207,887.13 $ 1,461,266.43
DATE 93
I certify that this report accurately reflects all agency pooled investments and
is in comformity with investaent policy adopted July 20, 1994. A copy of this
investment policy is available in the Finance Division of the Administrative
Services Department. The Investment Program herein shown provides sufficient
cash flas liquidity to meet next nonth's estimated expenditures.
03/08/1995
CITY OF RAN~O CUCAMONGA
INVESTMENT PORTFOLIO DETAILS - INVESTMENTS
FEBRUARY 28, 1995
CITY
CASH
INVESTMENT I~RaASE STATED --- YTM --- MATURITY DAYS
NUMBER ISSUER DATE BOOK VALUE FACE VALUE MARKET VALUE RATE 360 365 DATE TO MAT
CERTIFICATES OF DEPOSIT - BANK
00928 BANK OF ANERICA 01/30/95 127,921.00 127,921.00 127,921.00 2.800 2.800 2.839 03/02/95 1
00929 BANK OF ANERICA 01/31/95 1,791,645.50 1,791,645.50 1,791,645.50 2.800 2.800 2.839 04/04/95 34
00888 FOOTHIu. INDEP BANK 03/15/94 500,000.00 500,000.00 500,000.00 4.430 4.430 4.492 03/15/95 14
00886 GREAT kIESTERN 03/01/94 500,000.00 500,000.00 500,000.00 3.750 3.750 3.802 03/01/95 0
00891 GREAT WESTERN 03/29/94 500,000.00 500,000.00 500,000.00 3.750 3.750 3.802 03/29/95 28
00898 GREAT k~r~TEPa 05/12/94 2,000,000.00 2,000,000.00 2,000,000.00 4.600 4.600 4.664 08/14/95 166
00918 GREAT k~STERN 11/15/94 500,000.00 500,000.00 500,000.00 6.000 6.000 6.083 11/27/95 271
00927 GREAT WESTERN 01/25/95 500,000.00 500,(M)O.O0 500,000.00 6.900 6.900 6.996 01/25/96 330
00930 GREAT WESTERN 02/15/95 500,000.00 500,000.00 500,000.00 6.900 6.900 6.996 08/16/96 534
00932 GREAT [IESTEP3 02/23/95 1,500,000.00 1,500,000.00 1,500,000.00 6.750 6.750 6.844 08/21/95 173
00894 SARWA 04/29/94 2,000,000.00 2,000,000.00 2,000,000.00 4.250 4.250 4.309 05/02/95 62
00924 SANleA 12/28/94 1,000,000.00 1,000,000.00 1,000,000.00 7.250 7.250 7.351 12/28/96 668
00933 SANWA 02/23/95 500,000.00 500,000.00 500,000.00 6.920 6.920 7.016 02/24/97 726
SUBTOTALS and AVERAGES
11,919,566.50 11,919,566.50 11,919,566.50 5.015 5.084 201
IIEALAGENCY INVESTMENT FUNDS
00005 LOCAL AGENCY IIVST FUlfi)
00804 LOCAL AGENCY IlVST FIll)
16,404,038.78 16,404,038.78 16,404,038.78 5.612 5.535 5.612
1,113,000.00 1,113,000.00 1,113,000.00 5.528 5.452 5.528
SUBTOTALS and AVERAGES
17,517,038.78 17,517,038.78 17,517,038.78 5.530 5.607
FEDERAL AGENCY ISSUES
00895
00896
00897
00922
00925
00921
00926
FEDERAL FARM Clef)IT BAK~
FEDERAL FARM CREDIT BAlIKS
FEDERAL FARM CREDIT BANKS
FEDERAL IiOE LOA~ BANK
FEDERAL ~ LOAN BANK
FEDERAL ]ATL NTG ASS]
04/29/94
05/05/94
05/05/94
U/19/94
12/28/94
12/21/94
12/29/94
2,000,000.00 2,000,000.00 2,000,000.00 5.850 5.770 5.850 04/29/96 425
1,500,0(M).00 1,500,000.00 1,500,000.00 5.160 5.089 5.160 05/01/95 61
1,996,250.00 2,000,000.00 1,996,250.00 5.850 5.870 5.952 04/29/96 425
1,000,000.00 1,000,000.00 1,000,000.00 8.030 8.030 8.142 12/19/97 1,024
1,065,134.38 1,065,134.38 1,065,134.38 6.360 7.683 7.789 09/19/96 568
1,981,250.00 2,000,000.00 1,981,250.00 7.050 7.564 7.669 10/10/96 569
1,998,125.00 2,000,000.00 1,998,125.00 7.700 7.752 7.859 12/10/96 650
SOBTOTALS and AVERAGES
11,540,759.38 11,565,134.38 11,540,759.38 6.722 6.816 510
TREASURY SECURITIES - COiPO~
00903 TREASURY NOTE
06/08/94
272,845.00 277,000.00 272,845.00 6.141 6.571 6.662 08/31/97 914
TREASURY SKIP/TIES - DIS(IX~
00892 TREASURY BILL
~3907 TRRASURY BILL
04/13/94
06/30/94
1,913,085.56 2,000,000.00 1,913,085.56 4.370 4.518 4.581 04/06/95 36
1,436,720.33 1,515,000.00 1,436,720.33 5.389 5.317 5.391 06/29/95 120
SUBTOTALS and AVERAGES
3,349,805.89 3,515,000.00 3,349,805.89 4.861 4.929 72
03/08/1995 CITY OF PANClIO CUCAHONGA 1~ - 3
INVESTRENT PORTFOLIO DETAILS - INVESTRERTS CITY
FEBRUARY 28, 1995 CASII
INVESTNEXT PURCHASE STATED ---YTR--- MATURITY DAYS
NU!4BEB ISSUER DATE BOOK VALUE FACE VALUE MARKET VALUE RATE 360 365 DATE TO MAT
MORTGAGE RACKED SECURITIES
00071 FEDERAL HONE LOAN BANK 02/23/87
00203 FEDERAL NATL MTC ASSN 09/21/87
00002 GOVERNMENT NATIONAL MOETG ASSN 07/01/87
00069 GOVERNNENT MATIONAL MORT(; ASSN 07/01/87
72,485.75 74,417.29 442,907.10 8.000 8.336 8.452 01/01/02 2,500
155,855.64 168,720.58 612,753.80 8.500 9.557 9.689 09/01/10 5,665
133,847.04 135,713.10 663,389.28 8.51)0 8.631 8.751 05/15/01 2,269
34,650.10 33,966.78 84,710.58 9.000 8.515 8.634 03/15/01 2,208
S~TOTALS and AVRAGES
396,838.53 412,817.75 1,803,760.76 8.931 9.055 3,638
~ ~S~ AI3iilNIS'I'RATION
0004 SMAI.L BUSINESS ADMIN
07/25/86 1,101,562.50 1,O00,O00.GO 1,065,142.39 9.125 8.184 8.298 07/25/11 5,990
TfY~AL INVESTREIF~S and AVEPAGES
$ 46,098,416.58 46,206,557.41 47,468,918.70 5.745% 5.825% 365
03/08/1995
CITY OF RANClIO CUCAHONGA
INVESTMENT PORTFOLIO DETAILS - CASH
FEBRUARY 28, 1995
CITY
CA,Sit
INVESTMENT PURCHASE STATED ---YTM--- MATURITY DAYS
N~IBER ISSUER DATE IKX)K VALUE FACE VALUE MARKET VALUE RATE 360 365 DATE TO ~T
C3EC~NG/SAVINGS ACCOUNTS
001~0 BANK OFANERICA
1,268t097.24 2.000 1.973 2.000
Accrued Interest at Purchase
86,114.20
TOTAL CASH and INVESTS
47,452,628.02
03/08/1995
CITY OF RANCBO CUCAMONGA
PORTFOLIO MASTER INVESTMENT ACTIVITY BY TYPE
FEBRUARY 1, 1995 - FEBRUARY 28, 1995
CITY
CASH
STATED TRANSACTION PURCHASES SALES/MATURITIES
TYPE INVESTMENT I ISSUEN RATE DATE OR DEPOSITS OR WITHDRAMALS BALANCE
CERTIFICATES OF DEPOSIT - BANK
00884 GREAT WESTERN 3.750 02/15/1995
00885 GREAT WESTERN 3,750 02/22/1995
00930 GREAT WESTERN 6.900 02/15/1995 500,000.00
00932 GREAT WESTERN 6.750 02/23/1995 1,500,000.00
00877 SANWA 3.150 02/08/1995
00933 SANWA 6.920 02/23/1995 500,000.00
SUB'IXYFALS and ENDING BALANCE 2,500,000.00
BEGINNING BALA.NCE:
500,000.00
500,000.00
11,419,566.50
2,000,000.00 11,919,566.50
LOCA.LAGENCY INVESTMENT FUNDS
(KXX)5 LOCAL AGENCY I~ST FUNI) 5.612
00804 LOCAL AGENCY INVST FUND 5.528
SUBTOTALS and ENI)ING B~j,ANC'E
2,800,000.00
BEGIENING BAI,ARCE:
2,500,000.00
17,217,038.78
2,800,000.00 2,500,000.00 17,517,038.78
"~<lliG/SAVINGS AC(X)UNTS
00180 BARK OF AMERICA
3,590,000.00
BEGINNDIG BAIJdICE: 378,097.24
2,700,000.00 1,268,097.24
FEDERAL AGENCY ISSUES - COUPON
00899 FEDERAL MATL MTG ~
3;790
02/24/1995
BEGINNING BALANCE: 13,025,759.38
1,485,000.00 11,540,759tB
TREASURY SECq3RITIES - COUPO
BEGIINI]G BALANCE:
272,845.00
272,845.00
TREASURY SECURITIES - DISCOUNT
00904 TILEASURY BILL
4.750
02/09/1995
BEGINNING BALANCE: 3,559,957.13
210,151.24 3,349,80~t89
140~GE BACKED SECURITIES
00071 FEDERAL HOME ~AR B3JiK 8.000
00~3 FEDEIL~L MATL MTG ~ 8.500
00002 GOVENI{EW[ MATIOMAL IK)RTG ~ 8.500
00069 GOVERNMENT NATIONAL MORTG ASSN 9.000
S~TOTALS and ENI)ING BALANCE
02/15/95
02/25/95
02/15/95
02/07/95
BEGINNING BALANCE:
1,600.70
632.60
1,122.55
486.50
3,842.35
400,680.88
396,838.53
- Indicates incomplete recording of maturity redemption.
/7
03/08/1995 CITY OF RANCHO CUCAMONGA ~ - 6
PORTFOLIO RASTER INVESTMENT ACTIVITY BY TYPE CITY
FEBRUARY 1, 1995 - FEBRUARY 28, 1995 CASH
STATED TRANSACTION PURCHASES SALES/MATURITIES
TYPE INVESTMENT t ISSUER MATE DATE OR DEPOSITS OR WITHI)RAWALS BALANCE
SMALL BUSINESS ADMINISTRATION
TOTALS BEGINNING BALANCE:
BEGINNING BALANCE: 1,101,562.50
1,101,562.50
$ 47,375,.507.41 8,890,000.00 8,898,993.59 47,366,513.82
RPPL I CRTI ON FOR
TO:
Department of Alcoholic Beverage Control
4505 Allstate Drive, Suite 102
Riverside, CA 92501
(909) 782-4400
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:
License Type
RLCOHOL
BEVERAGE LICENSE(S)
I 1121j,415161
File Number ............ 303825
Receipt Number ......... 1013945
Geographical Code ........ 3615
Copies Mailed Date
Issued Date
RIVERSIDE
HAVEN WINE & LIQUOR
8401 HAVEN
RANCHO CUCAMONGA
SAN BERNARDINO
YES
CA 91730
BORRA DOMINIC 240886
Transaction TvDe Fee TYPe Masher
DUD Date Fee
1.21 OFF-SALE GI~ PERSON TO PERSON TRANS NA YES 0 DEC 12,1994 $1274.00:
2.21 OFF-SALE GENER~ JLN'NT. JAL FEE NA YES 0 DEC 12,1994 $446.00:
3. NA NO LICENSE TYPE STATE FINGERPRINTS NA YES 0 DEC 12,1994 $39.00 :
4. NA NO LICENSE TYPE FEDERM, FINGERPRINTS NA YES 0 DEC 12,1994 $24.00:
TOTAL $1783.00
Have you ever violated any provisions of the Alcoholic Beverage Con~ol
Control Act. or regulations of the department pertalOng to the Act? NO
Have you ever been
convicted of a felony? NO
Explain any "Yes" answer to the above questions on an attachment which shall b¢ 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 Co) 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 DEC 12,1994
Under penalty of perjury. eac~ person whose signatu~ appears below. certifies and says: (!) He is an applicant. or one of tile applicants. or an executive officer of the
applicant corporation. named in the foregoing application. duly authorized to make this application on ,ts behalf; (2) that he has tud the foregoing and knows the
conlena thereof and that each of the above statemenu therein made are true; (3) that no penon other than the applicant or applicants has any direct or indirect intore~t in
the applicant or applicant's business to he conducted u___n4,~__ the license(s) for which this application is mule; (4) that the Irtnsfor applicanon or proposed Innsfor is not
made to satisfy the payment of a loan or to fulfill an ageement entered into more than ninety (90) days preceding the day on which the transfer application is filled with
the Department or to gain or e~tsblish a preference to or for any c~ditor or ransferor or to defraud or injure any creditor of tran~fenx'; (5) that the transfer application may
he withdrawn by either the applicant or the iicensee with no resulting liability to the DepartmenL
Applicant Name(s) Applicant Signature(s)/~(5~ /
IFLASH HOLDINGS INC I
ABC 211
,. ~A.E ikn.~i, Domi~r c & Karen & Frank
3. DSA
Have~ Wine & Liquor Company
5. P~MISES ADDRESS CITY AND ~P
8401 Haven Rancho Cucamnnp3
APPLICATION TO TRANSFER LICENSE
7. Tm,d~ to: FLASH HOLDINGS, INC.
nm mad~ m lans~ ~ Imymem of · 10an or [o fuifill an aSt~mem entmed into mer~ than airier/days pe,.-,d~,.- the day oe which the tramf~r appli~ano~
ot e~abli~h · pftf~moe to er fat any cgditot of wamferot er to defilud or in~jm any t~ditor of tran~emc (4) that the transfer ap~W. amm may be v/ithdm~,~ by either the applicant er
liceace with no elultiaI liabilil~ to the ~
Name(s) of i, kensee(s) Silnamre(s) sf i, lcensee(s) Name(s) sf Lieusee(s) SignaUtre(s) of licesee(s)
c. HORRA, Frank I.
CANCELLATION [] Immsdiately [] upon Issuancs [] other.
I voluntarily cancel my license because I am no longer in business. I understand my license cannot be
reactivated or reinstated.
8. DATE CLOSED P O;GNATURE 10. DATE ~ H. HOME TELEPHONE NUMBER
( )
SURRENDER - Rule 65 [] Immediately [] Upon Issuance [] Other.
I voluntarily surrender my license for a period of not more than one year. I intend to [] Transfer [] Reactivate the license.
[ understand that the license must be eriewed at the dine enewai fees are due or the license will be automatically revoked. I further understand
that the Department will proceed to antomaticaHy cancel my license at the expiration of the one-year period if not tnnsferred or reactivated.
13. DATE CLOSED I 14. SIGNATURE ~ 15. DATE I 16. HOME TELEPHONE NUMBER
x ( )
12. MA/LING ADDRESS
2. A~C tJCk:~SF NUMB~:~''= ""~'; ' ~ '
4. ~l~ ~
~verside
6. LICENS~ A~HED
~ Yes ~ No
REQUEST FOR SURRENDER OF RETAIL LICENSE FOR TEMPORARY PERMIT
UNDER SECTION 24045.5Co) OF THE ALCOHOLIC BEVERAGE CONTROL ACT
17. SURRENDER DATE I 18. TEMPORARY P[~Mrr NUMBER I 19. EFFECTIVE DATE ] ~. EXPIRATION DATE
21, TRANSFEREE
Important Notice to Licensee
APPLICATION FOR:
[] TemporaW Retajl Permit [] Duplicate License:
[] Caterer's Permit [] 09 Importer's License
1'] Controlled Access Cabinet [] 12 Importer's License
[] Portable Bar Ucense [] Private Warehouse
22. l/~Ve have read me foregoing and know the toeam mere~.
SIGNATURE X
25 MIA.ING ADOe~SS
[] Manager
NAME:
[] Food Lessee
NAME:
23. TELEPHC~ENUMBEFI
( )
FOR DEPARTMENT
USE ONLY
[] Premises Abandoned
[] Leuer Attached RequesUng
Surrender or Cancellanon
[] Other.
HAVEN
: ;, ,APPLICATION
TO:
Department of Alcoholic Beverage Control
4505 Allstate Drive, Suite 102
Riverside, CA 92501
(909) 782--4400
DISTRICT SERVING LOCATION:
Name of Business:
Location of Business:
Number and Street
City, State Zip Code
County
Is premise inside city limits?
Mailing Address:
(If different from
premise address)
If premise licensed:
Type of license
Transferor's names/license:
License qVt:>e
RECEIVED
~ c .~, f, o t n, A L;ITY OF RANCHO CUCAMONGA -
FEB 3 1995
FOR ALCOHOL .BEVERAtit' '
File Number ............ 305686
Receipt Number ......... 1021044
Geographical Code ........ 3615
Copies Mailed Date 2/10/95
Issued Date
RIVERSIDE
NUMERO UNO PIZZA 37
8998 FOOTHILL BLVD 102
RANCHO CUCAMONGA CA 91730
SAN BERNARDINO
YES
P O BOX 5075
WEST HILLS CA 91308-5075
BINA FARZ.'.N 160625
Transaction T. De Fee TYPe Master DUD
Fee
1.41 ON-SALE BEER AND W PERSON TO PERSON TRANS NA YES 0 FEB 09,1995 $150.00:
2.41 ON-SALE BEER AND W ANNUAL FEE NA YES 0 FEB 09,1995 $205.00:
3. NA NO LICENSE TYPE STATE FING'-JF. PRINTS NA YES 0 FEB 09,1995 $7~ 00:
TOTAL $ 433.00
Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control
convic;ed of a felony? NO Control Act. or regulations of Ihe department pertaining to the Act? NO
Explain any 'Yes" answer to the above questions on an attachment which shall be deemed paa of this application.
Applicant agrees (a) that any manager employed in on-sale licensed premise will have all Ihe qualifications of a licensce. 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 FEB 09,1995
Under penalty of perjury, each person whose signature appeal1 below. certifies and ~ays: ( I ) He is an applicant. or one of the applicants, or an execuuve officer of the
applicant corporaUon. named in the foregoing application, duly authonztd Io make this applicaUon on its behalf: {2) that he has read the foregoing and knows the
content~ thereoN' and that each of the above statemenu theten made ate true; (3) that no person other than the applicant or applicant~ has any direct or inchreel interest in
the applicant or applicant's IRaSims to be conducted under the hcenstts) for which this applicauon is made; (4) that the u'ansfer application or proposed u'ansfer is not
made Io tntisfy the payment of a loan or to fulfill an aguemeat entered into more than ninety (90) deys preceding the tiny on which the transfer application is filled with
the Department or to gain or e~tablish a prefe~nce to or for any ctcdilor or Iransfer~r or to defraud or injure any creditor of ~ansfen~r; (5) that the transfer applicauon may
be withdrawn by either the applicant or the licensee with no resulting liability to the l:~nt.
Applicant Name(s) Applicant Signature(s)
IBARKES RAYMOND P , ~ ~/'/~,-- ~ =
t City Escrow, Inc.
4221Wilshire Blvd., #388
Los Angeles CA 90010
Escrow: {03-6078-LPB
DISTRICT SERVING LOCATION:
Name of Business:
Location of Business:
Number and Sireat
City, State Zip Code
County
Is premise inside city limits?
If premise licensed:
Type of license
Transferor's namedlicense:
To: nPPt]cnn0N FOB ntC0N0t BEUEB GE LICENSE{S)
Dep~ent of ~coholic Bevenge Con~i F ~ ~ e N~be r 304184
4505 Allstate D~ve, Suite 102 ............
~ve~ide, CA 9~01 Receipt N~er ......... 101~018
(9~) 782~ Geographical Code ........ 3615
Cop~es Hailed DaCe
Xssued DaCe
RIVERSIDE
HOWELL'S FARM HOUSE CA~
8733 ETIWANDA AVE
RANCHO CUCAMONGA CA 91739
SAN BERNARDINO
YES
Transaction Tvoe
License ?vDe
Fee T,,me ~ ~ DJMLP, Fee
1.41 ON-SALE BEER AND W ORIGINAL NA YES 0 DEC 21,1994 $300.00:
2.41 ON-SALE BEER AND W ANNUAL FEE NA YES 0 DEC 21,1994 $205.00:
3. NA NO LICENSE TYPE STATE FINGERPRINTS NA YES 0 DEC 21,1994 $39.00:
TOTAL $544.00
Have you ever been Have you ever violated any provisions of the Alcoholic devemge Control
convicted of a ~iony? NO Control Act. or regulations ofthe department pertaimngto ~e Act? NO
Explain any 'Yes" answer to the above questions on an attachment which shall bc dccm-,,d part of this application,
Applicant agrees (a) that any manager employed in on-salt licensed premise will have all the quaU~cations of a license~, and Co) that
he will not violate or cause or permit to bc violated any of the provisions of the Alcoholic Beverage Control Act.
STATE OF CAL/.FORNIA County of SAN BERNARDINO Date DEC 21,1994
Under pcnaJly of perjury, each i)crt, on whom signature ap~ Ic~low, c~frJ~es lad Ry$: (I) He i$ ill IppliCaltL Of Olle of the applicant.t, or an execuUve office~ of ~c
applicant corporauon. named in the foregoing application, duly aumonzed Io rake Ibis mppliamon on iu behalf; (2) that he Im read the fore oin and kaows ffi
coatc~u b'~-of and that each of Ihc above slatemenu l}~f~n made ~re mac; (3) thu no pmoa other / the N~pliclm or .pplict~ts ha~ uy director i~gd;rect inttte$t i;
· c ~oplicant or applicam's b.ir. css Io be conducted urnJet the licease~$) fOr which ~js Ippljauoa is mule; (4) 0m the ~mtsfer IpplicaUon or proposed transfer as not
~etn~ Io $ausfy the paymeat of · loan Of to fulfill an aJre~neat emer~t imo mo~ ~ m 90 d~ s ' ' transfer applicauou as filled wi~h
.- =..=..., Of ,o ,.,. Of .,.b,,., . ,.f....,..o o, fOf., ,Of o, o, ,o ;Z ,;;."';'.,
bc withdrawn by cKhct ~e apphcJm or the iicclaee wire no reluluug lilbiliW Io die De~aL , (5) ~at ~e mlnsfer appliclaon my
Applicant Name(s) Applicant Signatttm(s)
[HOWELL RICHARD A
.
AVENfJE
CALIIOIIWIA
APPLICATION FOR ALCOHOL BEVERAGE LI
TO:
Department of Alcoholic Beverage Control
4505 Allstate Drive, Suite 102
Riverside, CA 92501
(909) 782-4400
DIS'rPjCT SERVING LOCATION:
Name of Business:
Location of Business:
Number and Street
City., State Zip Code
County
Is premise inside city limits7.
If premise licensed:
Type of license
Transferor' s names/license:
File Number ............ 304404
Receipt Number ......... 1015694
Geographical Code ........ 3615
Copies Hailed Date
Issued Date
RIVF, RSIDF.
BASKETS GALORE
10970 ARROW RTE 207
RANCHO CUCAMONGA
SAN BERNARDINO
YES
CA 91730
License TYPe Trannaction TYpe Fee TYPe Ma~ter DUD Date Fee
1.20 OFF-SALE BEER AND ORIGINAL NA YES 0 DEC 28,1994 $100.00:
2.20 OFF-SALE BEER AND ANNUAL FEE NA YES 0 DEC 28,1994 $34.00:
3. HA NO LICENSE TYPE STATE FINGERPRINTS NA YES 0 DEC 28,1994 $78.00 :
TOTAL S212.00
Have you ever Violated'any provisions of the AlcohoUc Bevenge Control
Control Act, or regula~ons of the department pertai~ng to the Act? NO
Have you ever been
convicted of a felony7 NO
Applicant Name(s)
IFRAZIN ALEXANDER
]FRAZIN DARCY L
Explain any "Yes" annvet m 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 license, e, 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 DEC 28,1994
Under penalty of perjury, ead~ person whose ,~lnamn app~n below. cenifie~ and says: (I) H~ is an aispli~am, or one
applicant cot~oration. named in the fortgoing al~li~auon. duly aumonz~d to mak~ [his at~lication on Its behalf; (2) Ill he has rcad the fortgoing and knows the
contonu IJ~teof and that e. ad~ of the above sllem~nts Ih~nn made an In~; {3} Ihat no peno~ ~ than Ilg Ii~linmt or ai~li~ants has any dit~-t or indin~l inienst in
me applicant or applicam's busira to be conduped under me license(s) for which this all~lillian is made: (4) that the transfer appllcanoa or proposed transfer is not
made Io saU sfy me payment of a loan or m fulfill an agnen~,nt eatend imo men than ni (90) days _pe?e~__j,~! me day on which the u'ansfer applicalion is filled with
me Depannent or to gain or establish · pnfe~nee to or for any et~tlitor or trans/~or or so ~ or injun any ca~dimr of startslethe, {5} that me Iransfer appli,-*-on may
Applicant Signature(s)
..outs
C4LI!ORNIA
JAN - 3 995
RPPLICRTION FOR RLCOHOL BEUERRGE LICENSE(S)
TO:
Department of Alcoholic Beverage Control
4505 Allstate Drive, Suite 102
Riverside, CA 92501
(909) 782-4400
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
SPIRES
File Number ............ 304476
Receipt Number ......... 1015887
Geographical Code ........ 3615
Copies Mailed Date 12--29-94
issued Date
RESTAURANT
10380 FOOTHILL BLVD
RANCHO CUCAMONGA CA
BERNARDINO
YES
91730-0000
r, icen.~e Tvne Tranaaction TYPe Fee TYPe Ma~te~ Dun Date Fee
1.41 ON-SALE BEER AND W ORIGINAL NA YES 0 DEC 29,1994 $300.00:
2.41 ON-SALE BEER AND W ANNUAL FEE NA YES 0 DEC 29.1994 $205.00:
3. NA NO LICENSE TYPE STATE FINGERPRINTS NA YES 0 DEC 29.1994 $156.00:
TOTAL $661.0O
Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control
convicted of a [eZony? IIO Conurol Act, or regulations of the departman= pertaining to uhe Act?
NO
Explain any 'Yes' answer to the above questions on an actachmenn which shall be deemed part of this
application.
Applicant agrees (a} that any manager employed in on-sale licensed premise will have a11 the
qualifications of a licenses. and {b) than he will n~t violate or cause or ~ermir to be violated any
of the provisions of the Alcoholic Beverage Control Act.
STATE OF CALIFORNIA County of SAN BERNARDINO Date DEC 29,1994
uMer ~e~alty of ~er3ury. e&ch ~erso~ v!%ose signature a[~ears ~elw. certifies aw~ says: (11 He is an aWlicant. or one
the applicants. or an anecucive officer of the al3l~licanc corporation. named in the foregoin~ al)plicacion. duly authorized to
make this application on its behalf; {21 clmc he has reed the loregoing and knM the cuecants thereof and tbec each of the
alx~ve statements therein made are true~ (3) thec no persee ocher chat the al~licant or aWlicants his any direct or indirect
interest zn the api)licanc or applicant's business to be cfxlducced under the licenseIll for which Chic aDplicltiolt is made;
thaC the transfer application or proDosed transfer xs not made to satisfy the peywenc of a lost or to fulfill an agreement
entered into more chat ninety 190| days preceding the day o6 ~hich the transfer aWlicatio~ is filled with the Depmrcment or
co gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor;
that the transfer eWliclcXol~ may be withdraw I~y either the applicant or the licenses with no resulting llll)iliCy to the
Applicant Name (s) Applicant Signature (s)
'OA'IEi 'IqlHIO0:t
To:
From:
Date:
Subject:
Memorandum
City Manager's Office
Members of the ,ty Council
Mayor and n~
Jack Lam, City Ma
March 6, 1995
Asset Seizure Request
I have examined the Police Department's asset seizure expenditure request and recommend approval
based upon the needs of our growing police reserve program and our desire to improve our ability
to be more proactive and provide better service through cost effective equipment usage. Asset
Seizure funds can only be used for law enforcement purposes and cannot displace budget expenses.
This request conforms to this criteria and the City Manager's Office recommends Council approve
the request.
DATE:
TO:
FROM:
SUBJECT:
March 3, 1995
CITY OF RANCHO
CUCAMONGA
MEMORANDUM
MAYOR AND MEMBERS OF THE CITY COUNCIL
JACK LAM, CITY MANAGER A.I.C.P. ,..
RONALD BIEBERDORF CHIEF OF POLICE
RANCHO CUCAMONGX POLICE DEPARTME
ASSET SEIZURE REQUEST
Funds in the asset seizure account are the result of legal proceedings against assets of narcotics
offenders. There is currently more than $300,000 in this account as of February 28, 1995.
Health and Safety Code 11489 describes use of these funds to support law enforcement efforts.
The Rancho Cucamonga Police Department would like to purchase the following items utilizing
funds from the Asset Seizure Account. As per Section 11489 of the Health and Safety Code,
these items will be used to support the law enforcement efforts of the department.
These expenditures are not supplanting any city funds that would otherwise be made available.
RECOMMENDATION:
Staff recommends that the City Council approve the expenditure of not more than
$9%000 for equipment that includes items for the following areas:
PATROL VEHICLES
5 Marked Patrol Units
$44,000
BACKGROUND
At times when personal are available for patrol activities (S.O.P. Unit, Reserves) there are not
sufficient patrol vehicles available.
Page 2 of 5 Pages
Asset Seizure Expenditure Request
March 3, 1995
TELEPHONE AUTOMATED ATTENDANT
BACKGROUND
Automated Attendant System
$15,000
With the increased number of phone calls received on a daily basis it has become a common to
have to ask callers to wait while the operator handles other calls. In many cases the calls could
have been handled with an Automated Attendant. This would allow calls to be completed faster
and would allow the Police Department to give better service without having to add more phone
lines. This would also allow the operator/PIC to interface with the walk-in public in a more
professional manner.
800MHZ HAND HELD RADIOS
BACKGROUND
5 Hand Held Radios
$15,000
With the increase of Deputies and Reserve Deputies on duty at one time, there is a need for
additional radios.
RADIO LAPEL MICROPHONES
15 Lapel Microphones $3,000
With the increase of personel on duty at one time there is a shortage of lapel microphones. This
also is due to normal losses became of breakage and lack of repairabilty.
Page 3 of 5 Pages
Asset Seizure Expenditure Request
March 3, 1995
AUTOMOTIVE TOOLS
1 Air Compressor
1 Floor Jack
Tools and storage cabinet
$1,900
BACKGROUND
With the increased automotive pool size it is necessary to replace an old undersized air
compressor with one that can be used with hand impact tools. A floor jack is also needed to
facilitate the changing of tires and working on the undercarriage of the vehicles. The tools
required by the automotive personnel have also increased with the newer model vehicles and the
replacement of damaged tools is recommended.
MINI TAPE RECORDERS AND HOLDERS
30 Mini Tape Recorders
15 Recorder Holders
1000 Blank mini tapes
$1,500
$3,000
BACKGROUND
Over the past two years some of the mini-recorders currently in use have broken beyond repair.
The station has also increased the number of deputies which also need recorders. The new
recorders will also need to have holders. It is also recommended that a supply of blank tapes be
purchased at this time.
RECHARGEABLE FLASHLIGHTS
30 Rechargeable Flashlights
With charging stations
$4,100
BACKGROUND
The Streamline style flashlights that the station cun'ently uses are old and very expensive to
repair. The county currently uses "Mag-Lite" style flashlights. With the purchase of Mag-Lite
style flashlights the station would then be using the same equipment as the county and the cost of
repairs would be minimal. This is also to replace several flashlights that are beyond repair.
Page 4 of 5 Pages
Asset Seizure Expenditure Request
March 3, 1995
ROLL-A-TAPES
8 Metal Roll-A-Tapes
$750
BACKGROUND
The current Roll-A-Tapes that are used by the traffic division for documenting traffic accidents
are made of plastic and tend to breakdown often. When they do breakdown they can not be
repaired because parts are not available for the plastic units. The purchase of new metal units
will enable the units to be repaired. In addition the metal units are rated at a higher accuracy than
the plastic units. The purchase of 8 units will replace the plastic units in the traffic divisions
vehicles.
COMPUTERIZED IDENTI-KIT
1 Computerized identi-Kit system
$5,000
BACKGROUND
The Identi-Kit company has created a computerized version of their Identi-Kit system for
generating composite pictures of crime suspects. This program is much faster to use and makes a
more realistic picture of suspects. The purchase of this system would enhance the capabilities of
this station to apprehend crime suspects.
VIDEO CASSETTE RECORDERS/PLAYERS
2 VCR's for training
$900
BACKGROUND
This station does not have VCR's available for training purposes. The VCR's that were in use
are no longer reliable. Without a working VCR the satellite programs from P.O.S.T. can not be
recorded for future training. It is requested thaf 2 commercial grade VCR's be purchased for
training purposes.
Page 5 of 5 Pages
Asset Seizure Expenditure Request
March 3, 1995
ALCO SENSOR (ALCOHOL TESTER)
1 Alco Sensor $700
1 Case of disposable mouthpieces $450
BACKGROUND
In June of 1994 one Alco Sensor was damaged beyond repair. It is requested that this sensor be
replaced at this time so that the Traffic Unit will have units available at all times. It is also
requested that a case of disposable mouthpieces be purchased at this time also.
BLOODBORNE PATHOGEN KIT CASES
Cases for Bloodboume Pathogen kits $1500
BACKGROUND
The Bloodbourne Pathogen kits that were issued by the county to all safety personnel were
issued in clear plastic bags. 'There is a need to obtain suitable containers for these kits as there
are many items in each kit and the plastic bags can not withstand day to day carrying that is
required. It is recommended that suitable storage cases be purchased for these kits.
DATE:
TO:
FROM:
SUBJECT:
March 15, 1995
CITY OF RANCHO CUCAMONGA
STAFF REPORT
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
REQUEST BY RANCHO CUCAMONGA CHAMBER OF COMMERCE
TO WAIVE CITY FEES IN CONJUNCTION WITH THE ANNUAL
BUSINESS AND COMMUNITY EXPO
RECOMMENDATION
Staff recommends waiving City fees in conjunction with the annual Chamber of Commerce Business
and Community Expo.
BACKGROUND
The City has received a request from Judy Clayton, Administrative Manager, Rancho Cucamonga
Chamber of Commerce, to waive City fees in connection with the Business and Community Expo
to be held on May 19.20 and 21 (see attached letter). The Chamber is providing the City with its
display area in reciprocation of this waiver. The specific fee to be waived is as follows:
Business License $2,116.00
Building and Safety 30.00
Planning 119.00
TOTAL $2,265.00
Jack Lam, AICP
City Manager
JL/dja
Attachment
i ancho Cucamonga
CHAMBER OF COMMERCE
January 26, 1995
Mr. Jack Lam, City Manager
City of Rancho Cucamonga
P.O. Box 807
' -~ C ~ """""""""'
Dear Jack:
As you know, the Business & Comm-n{ty EX'PO is once again approaching.
This year, fize event is scheduled for May 19,20 & 21. Location determined
shgrtly, which we wiH advise you of.
The Chamber is reque~,fing that gI! city fees be waived for the EXPO this
year. This community event truly is a joint venture between the City and
the Chamber of Commerce, one that promotes not only the area's business
climate, but the City of Rancho Cucamonga, as well. The chamber is
offering six booths plus outside display area for large equipment to the city
again this year at no cost.
Your assistance in this matter would be greatly appreciate& If this proposal
is agreeable with the city officials, please contact me at the Chamber as soon
as possible.
Sincere] ', ~
Adminlatrafive ~I3nager
Jc c
8280 UTICA AVENUE SUITE 160 · RANCHO CUCAMONGA, CALIFORNIA 91730 · 909 / 987-1 01 2.~7
DATE:
TO:
FROM:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
March 15, 1995
Mayor and Members of City Council
Jack Lam, AICP, City Manager
Jerry B. Fulwood, Deputy City Manager
APPROVE USAGE OF EPICENTER FOR DARE FUND RAISER
RECOMMENDATION
Staff recommends that City Council approve, by minute action, the use of the Epicenter on June
25, 1995 for a DARE fund raiser (Baseball Clinic).
BACKGROUND
The City has been requested by a representative of the Rotary Club to explore the possibility of
co- sponsoring a second DARE ftmd raiser. The Fund raiser will take the form of a Baseball
Clinic on June 25, 1995. The program will start at 9:00 a.m. and end by 12:00 p.m., with the
suggested participation cost per child at $28.00. The first two hundred applicants ranging in ages
between eight to twelve years old will be included in this year's program. Net receipts will be
donated to the DARE program. Rancho Cucamonga's Police Deparmaent and Inland Valley
Baseball will also be sponsors of this event.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
BY:
SUBJECT:
March 15, 1995
Mayor and Members of the City Council
Jack Lain, AICP, City Manager
William J. O~leil, City Engineer
Mike Olivier, Senior Civil Engineer
APPROVAL TO AUTHORIZE THE ENGINEERING DIVISION OF THE
CITY OF RANCHO CUCAMONGA TO FILE A CLAIM FOR
REIMBURSEMENT BY SANBAG OF FUNDS EXPENDED FOR CURB
CUTS FOR THE DISABLED ON CARNELIAN STREET FROM BASE
LINE ROAD TO 19TH STREET IN THE AMOUNT OF $11,837.75
RECOMMF, NDATION:
It is recommended that Council authorize the Engineering Division to file for reimbursement
of expenditures for curb cuts on Carnelian Street.
BACKGROUNB/ANAI ,YSIS
Under the Transportation Development Act CYDA), Article 3, Bicycle/Pedestrian Program,
Cities within the area are allocated approximately $4,000.00 each year to construct wheelchair
ramps for the disabled. The Engineering Division was able to consUuct ramps along Camelian
Street between Base Line Road and 19th Street with these funds plus a carry-over balance
from previous years. The project was cornered by Kershaw Construction Company in 1994
along with work done on Sapphire Street and Base Line Road. The total cost of the curb cuts
on Camelian Street was $11,837.75. Upon reimbursement of this cost ~'om SANBAG the
funds will be deposited into Account No. 164637-9106.
Respectfully submitted,
William J. O~leil
City Engineer
WJO:MO:dlw
,/
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
BY:
SUBJECT:
March 15, 1995
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
Brad Buller, City Planner
Nancy Fong, AICP, Senior Planner
APPROVAl OF A RFSOI UTION UPHOI DING THF APPI ICANT'S APPFAI
OF A CONDITION OF APPROVA~ FOR CONDITIONAl USF
PFRMIT 93-49
Attached is a resolution upholding the appeal for formal action, as directed by the City
Council at the March 1, 1995 meeting.
Respe ully su itted,
Buller
BB: NF:sp
L
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE
APPEAL AND APPROVING A WALL SIGN AT THE WEST
ELEVATION, FOR HOME EXPRESS, A TENANT WITHIN THE
TOWN CENTER SQUARE COMMERCIAL CENTER, LOCATED
ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN
SPRUCE AND ELM AVENUES, AND MAKING FINDINGS IN
SUPPORT THEREOF - APN: 1077-421-58 AND 63.
A. Recitals.
(I) Western Development Company has filed an appeal of the Planning
Commission's approval of a modification to CUP 93-49, as described in the title of this
Resolution. Hereinafter in this Resolution, the appeal request is referred to as the
"application."
(ii) On the 1 lth day of January 1995, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public headng on the Conditional Use
Permit and, following the conclusion of said public headng, adopted Resolution
No. 94-69A approving said permit with conditions. ~
(iii) The decision represented by said Planning Commission Resolution was
timely appealed to this Council.
(iv) On the 1st day of March 1995, the City Council of the City of Rancho
Cucamonga conducted a duly noticed public headng on the appeal and concluded said
hearing on that date.
(V)
occurred.
All legal .prerequisites pdor to the adoption of this Resolution have
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the City
Council of the City of Rancho Cucamonga as follows:
1. This Council hereby specffically finds that all of the facts set forth in the
Recitals, Part "A," of this Resolution are true and correct.
2. This Council hereby finds and certifies that the project has been reviewed
and considered in compliance with the Califomia Environmental Quality Act of 1970, and
further, the Planning Commission has issued a Negative Declaration for the Master Plan
on July 27, 1994. .t
3. Based upon substantial evidence presented to this Council dudng the
above-referenced March 1, 1995 public headng, including written staff reports, the minutes
of the above-referenced Planning Commission meeting, and the contents of Planning
Commission Resolution No. 94-69A, this Council hereby specifically finds as follows:
CITY COUNCIL RESOLUTION NO.
CUP 93-49 APPEAL - VVESTERN DEVELOPMENT CO.
March 1, 1995
Page :2
(a) The application applies to property located on the north side of
Foothill Boulevard, between Spruce and Elm Avenues, on property zoned Community
Commercial District of the Terra Vista Community Plan, and is partly improved with a
57,500 square foot building and parking area.
(b) The properties to the north and west are planned for residential
development, and the properties to the east and south are vacant.
(c) The design of the project, together with the conditions of approval,
meets the applicable standards in the Development Code, the development standards, and
the design guidelines in the Terra Vista Community Plan.
(d) The wall sign on the west elevation of Building 1 is necessary to
provide identification.
4. Based upon the substantial evidence presented to this Council dudng the
above-referenced public hearing, and upon the specific findings of facts set forth in
paragraphs 1, 2, and 3 above, this Council hereby finds and concludes as follows:
(a) That the proposed use is in accord with the General Plan, th~
objectives of the Terra Vista Community Plan, and the purposes of the district in which the
site is located.
(b) The proposed use, together with the conditions applicable thereto,
including the condition that eliminated a wall 's~?:t~rom the west elevation of Building 1, will
not be detrimental to the public health, , or weftare or materially injurious to
properties or improvements in the vicinity.
(c) That the proposed use complies with each of the applicable
provisions of the Development Code and the Term Vista Community Plan.
5. The City Council of the City of Rancho Cucamonga hereby upholds the
appeal and approves a wall sign on the west elevation, with the following conditions:
(a) All conditions of approval contained on planning Commission
Resolutions 94-69 and 94-69A shall apply.
(b) One wall sign for Home Express, at the west elevation of Building 1,
with a maximum sign/letter height of two feet
6. This Coundl hereby provides notice to Chades R. Beecher of
Western/Development Company that the time within which .... the decision
Code of Civil ure Section 1094.6.
7. The City Clerk of the City of Rancho Cucamonga is hereby directed to:
(a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of
this Resolution, by certified mail, return-receipt requested, to Charles R. Beecher at the
address identified in City records.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
BY:
FROM:
SUBJECT:
March 15, 1995
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
William J. O~leil, City Engineer
Jerry A. Dyer, Associate Engineer
APPROVAL OF THE MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT
SECURITY, AGREEMENT FOR ENCROACHMENT IN CITY EASEMENT OR
RIGHT-OF-WAY AND ORDERING THE ANNEXATION TO LANDSCAPE
MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTrNG DISTRICT NOS.
1 AND 6 FOR PARCEL MAP NO. 14647, BOUNDED ON THE SOUTH BY
FOURTH STREET, ON THE EAST BY MILLIKEN AVENUE, ON THE NORTH
BY THE A.T. & S.F. (METROLINK) RAILROAD, AND ON THE WEST BY
CLEVELAND AND UTICA AVENUES, SUBMITFED BY ENVIRONMENTAL
GOLF, INCORPORATED
RECOMlV~,NDATION
It is recommended that the City Council adopt the attached resolutions approving Parcel Map No.
14647, accepting the Improvement Agreement and Securities, accepting the Agreement for
encroachment in City easement or right-of-way, and ordering the annexation to Landscape
Maintenance District No. 3B and Street Lighting District Nos. 1 and 6, and authorizing the Mayor
and the City Clerk to sign said agreement's, and authorizing the City Clerk to attest to, and the City
Engineer to present, the Parcel Map to the County Recorder to be filed for record.
BACKGROUND/ANAl ,YSIS
The tentative Parcel Map No. 14647, submitted by General Dynamics, located in the General
Industrial designation (Subarea l0 and 1 l) and the Industrial Park designation {Subarea 12) of the
Industrial Area Specific Plan, bounded on the south by Fourth Street, on the East by Milliken
Avenue, on the north by the A.T. & S.F. (Metrolink) Railroad, and on the west by Cleveland and
Utica Avenues, was conditionally appwved by the Planning Commission on April 27, 1994, for the
subdivision of 380 acres of land into 15 parcels.
The Developer's (General Dynamics) Contracwr (Environmental Golf) is submitting an
Impwvement Agreement and Securities to guarantee the cons~ction of the off-site improvements
in the following amounts:
CITY COUNCIL STAFF REPORT
PM 14647 - EN VIRONMENI'AL (.iOLF, INC
March 15, 1995
Page 2
Faith~al Performance Bond: $1,145,900.00
Labor &Material Bond: $572,950.00
General Dynamics has submitted a guarantee of performance for the setting of final monuments
associated with the Parcel Map in the following mount:
Monumentation (Cash Deposit): $3,150.00
In addition to the above, General Dynamics is submitting an Agreement for encroachment in City
easement or fight-of-way (ttmnel under Sixth Street), along with the Consent and Waiver to
Annexation.
Copies of said Agreement's, Securities, and the Consent and Waiver to Annexation are available in
the City Clerk's Office.
Respectfully submitted,
City Engineer
WJO:dlw
Attachments
PROJECT:
APN 209-272-01 ~04,07 AND 08;
210-081-22 AND 23; 210-082-02,
11,17,37,38 AND 39; AND ,
210-361-01 THRU 26
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
P.M. NO. 14647
G.D. GOI .F COURSE
DEVFJ ,OPMENT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PARCEL MAP NO. 14647, IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY, AND AGREEMENT FOR
ENCROACHMENT INTO CITY EASEMENT OR RIGHT-OF-
WAY.
WHEREAS, Tentative Parcel Map No. 14647, submitted by General Dynamics,
Incorporated, located in the General Industrial designation (Subarea 10 and 11 ) and the Industrial
Park designation (Subarea 12) of the Industrial Area Specific Plan, bounded on the south by Fourth
Street, on the East by Milliken Avenue, on the north by the A.T. & S.F. (Metrolink) Railroad, and
on the west by Cleveland and Utica Avenues, was conditionally approved by the Planning
Commission on April 27, 1994, for the subdivision of 380 acres into 15 parcels.
WHEREAS, Parcel Map No. 11940 is the final map of the division of land as shown on said
Tentative Parcel Map; and
WHEREAS, all of the requirements established as prerequisite to approval of the Final Map
by the City Council of said City have now been met by entry into an Improvement Agreement,
guaranteed by acceptable Improvement Security, by General Dynamic's Contractor, Environmental
Golf, Incorporated; and
WHEREAS, General Dynamics has submitted an Agreemere for encroachment into City
easement or right-of-way for the construction of a Tunnel under Sixth Street associated with the
Development of the proposed Golf Come.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, HEREBY RESOLVES that said Improvement Agreement,
Improvement Security and Agreement for encroachment into City easement or right-of-way
submitted by General Dynamics and their ConUactor be and the same are hereby approved and the
Mayor is hereby authorized to sign said Agreement's on behalf of the City of Rancho Cucamonga,
and the City Clerk to attest; and that said Parcel Map No. 14647 be and the same is hereby approved
and authorize the City Clerk to attest and the City Engineer to present same to the County Recorder
to be filed for record.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT
NO.3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS.1
AND 6 FOR PARCEL MAP 14647
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously
formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act
of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said
special maintenance district known and designated as Landscape Maintenance District No. 3B, Street
Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 0aereina~er
referred to as the "Maintenance District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act
of 1972" authorize the annexation of additional territory to the Maintenance District; and
WHEREAS, at this time the City Council is desirous to take proceedings to annex the
property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the
Maintenance District; and
WHEREAS, all of the ownen of property within the territory proposed to be annexed to the
Maintenance District have filed with the City Clerk their written consent to the proposed annexation
without notice and hearing or filing of an Engineer's "Report".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are all tree and comet.
SECTION ?: That this legislative body hereby orders the annexation of the property as
shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the
Maintenance District.
SECTION 3: That all future proceedings of the Maintenance District, including the levy of
all assessments, shall be applicable to the territory annexed hereunder.
EXHIBIT 'A'
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 3B
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6
/ I~/
': fT, A,NNING I R,NMNINC
PROj'ECT: ~' ' ,~"~,,~AR_T..,
APN 209-272-01,04,07 AND 08;
210-081-22 AND 23; 210-082-02,
11,17,37,38 AND 39; AND
210-361-01 THRU 26
CITY OF RANCNO CUCAMONGA
COUNTY OF SAN BERNARDINO
P.M. NO.
STATE OF CALIFORNIA
14647
G.D. GOLF COURSE
DEVELOP.',,CE:',7I'
EXHIBIT "B"
WORK PROGRAM
PROJECT:
PARCEL MAP 14647 (PHASE I)
G.D. GOLF COURSE DEVELOPMENT
STREET I,IGHTS:
DISTRICT
S1
S6
5800L
NUMBER OF LAMPS
9500L 16000L
19
2
22000L
27500L
1 .ANDSCAPING:
SIXTH STREET MEDIAN *
DISTRICT HARDSCAPE
S.F.
G.C./SHRUBS TREES
S.F. EA.
L3B 10,140
13,310 64
FOURTH STREET MONUMENT (~ NWC *
DISTRICT GRANITE ROCK TURF G.CJ TREES LIGHTS LIGHT
SIGN WALL WALL SHRUBS SIGN TREES
L.F. L.F. S .F. S.F. EA. EA. EA.
L3B 38 104 4279 2503 4 5 8
ESTIMATED QUANTITIES ONLY. FINAL QUANTITIES TO BE DETERMINED
AFTER THE PLANS ARE APPROVED WITH A REVISED WORK PROGRAM AT
THAT TIME.
-1-
DATE:
I~.
FROM:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
March 15, 1995
Mayor and Members of the City Council
Jack Lain, AICP, City Manager
Duane A. Baker, Assistant to the City Manager
REVIEW OF CURRENT TAXICAB ORDINANCE
BACKGROUND
In September 1992, the City Council enacted an ordinance (Exhibit "A")
regulating taxicabs in the City. Prior to that date, the City did not have any
regulations nor did the City have any citizen complaints regarding taxicabs.
However, at that time, the City was notified by Yellow Cab Company that state
legislation existed that required all cities and counties to adopt ordinances
regulating taxicabs.
So that the City could be in compliance with state law, the City Council adopted
Ordinance 501 establishing regulations for taxicabs in the community. The
main purpose of the ordinance that the City adopted was to screen taxicab
operators and drivers for criminal and other types of misconduct in order to
protect the consumers. Also, the permit gave us legislative authority to take
action against taxicab operators and drivers who did not follow certain
guidelines.
The ordinance that was adopted by the City was not restrictive in terms of the
numbers of taxicabs that could operate in the City. Under our ordinance, if a
taxicab company meets the requirements, it will be granted a permit to operate
in the City. This type of ordinance is different from ordinances in other cities
and is different than the type of ordinance that Yellow Cab Company sought.
The type of ordinance used by some other cities and the type of ordinance
sought by Yellow Cab Company, contains a "Convenience and Necessity"
provision.
A "Convenience and Necessity" provision allows the City to restrict the number
of taxicab companies serving the community based on whether transportation
needs of the community were being met. If the City Council determined that
the needs of the community were being met, they could restrict other taxicab
companies from operating in the City.
The reason that the City Council at that time did not adopt a "Convenience and
Necessity" clause was that the City Council did not want to regulate the taxicab
business. Instead, the City Council was interested simply in protecting
consumers and public safety and was willing to let market forces regulate the
taxicab business.
REVIEW OF CURRENT TAXICAB ORDINANCE
March 15, 1995
Page 2
CURRENT ORDINANCE
When the City Council adopted the current ordinance, they made a
commitment to come back and review the ordinance. The following is a
history of major activity under the current taxicab ordinance.
Began with 2 permitted taxicab companies (Yellow Cab & Classic
Cab).
Currently only 1 permitted taxicab company (Yellow Cab).
10 taxicab driver permits issued.
1 taxicab driver permit denied.
No complaints about taxicabs received directly from the public.
Only complaints about taxi service received from competing
taxicab companies.
COMMENTS & SUGGESTIONS
In reviewing the ordinance, the City Council should be aware of the comments
and suggestions made about the ordinance and its administration by the cab
companies that have served the community. Classic Cab's main comment was
that the ordinance was not thoroughly enforced against his competitor. The
statement was made that Yellow Cab regularly dispatched drivers to Rancho
Cucamonga who did not have valid permits. Yellow Cab's response was that it
was their policy to dispatch only those drivers permitted in Rancho
Cucamonga to calls in Rancho Cucamonga. In either case, this issue points to
the difficulty of completely enforcing this ordinance.
Yellow Cab Company has made some comments about the ordinance as well.
These comments are specific suggestions for amending the ordinance. These
suggestions are attached as Exhibit "B". In short, these suggestions would be
to:
Require a finding of public convenience and necessity before
issuing a permit.
Establish rates to be charged the public.
Allow drivers with permits in other cities to use those permits in
lieu of a Rancho Cucamonga permit.
Increase the list of past behavior and activities used to deny a
permit and allowing some flexibility to permit certain parolees.
Add additional guidelines covering the driver and the operation
of the taxicab.
DISCUSSION
This ordinance was established at the request of a taxicab company so that we
could come into compliance with state law. To date, before and after the
adoption of the ordinance, taxicab service has not been a subject about which
the City received complaints. The current ordinance was established to
provide for some protection of the customer in the community while
REVIEW OF CURRENT TAXICAB ORDINANCE
March 15, 1995
Page 3
recognizing the limited staff resources available to address this issue. Because
of the limited staff resources and because of a policy decision favoring a free
market, the City Council in the past made the decision not to have an ordinance
that would regulate entry into the taxicab business in Rancho Cucamonga. The
approach favored by the City Council in the past was to provide a set of
minimum standards to be met in order to qualify for a permit.
This information is provided for the City Councii's reference as they review
the ordinance and take testimony from the public and from taxicab businesses.
Should the City Council wish to adjust or amend the ordinance in any way, staff
stands ready to work with the City Attorney and other interested parties to
affect the desired changes.
Duane A. Baker
Assistant to the City Manager
/dab
Attachments
C~DINANCE ND. 501
AN C~DINANCE OF ~ME ClTY OF ~ (IEAMI~r~A AMENDING
TITLE 8 OF ~{E RAN(MO (IEAMC~rA MaqICIPAL CEDE BY AEDING
A NE~ (}RPI~R 8.30
Pd~JIAT/~G AND ~ ~{E OP~AT/C~ OF ~XIS.
CITY C0tNIEL OF =ME CITY OF RANC}D ~ FINE~ AS FOILOWS:
CTm~cer 8.30 hereby is added to Title 8 of the Rancho
MUnicipal Code to _re~a in words and figures, as follows:
,,Chapter 8.30
"8 · 30 · 010
"8 · 30 · 020
"8 · 30 · 030
"8.30,040
"8 · 30 · 050
"8 · 30. 060
"8.30. 070
"8 · 30 · 080
"8 · 30 · 090
"8 · 30 · 100
"8 · 30 · 110
"8 · 30 · 120
"8 · 30 · 130
"8.30.140
"8.30,150
Definitions.
Permit II~,i~ed for T~v~c~h Service.
Appli~tim for Taxicab Service Pemit.
Gruu~s forr Denial or Rev~catim
ServioePemit.
Permit Fees.
AR~lication for a Taxicab ETi~er's Permit.
~river's Permit.
Issuance of Ta~c~h ~ri~er's Permit.
Ap[eal nD~aures.
Penalty for Violatim.
~ No. 501
"(b) Owner. Every person having ccr~rol, whether by outright
ownership, lease cur otherwise of any taxicabs fur hire.
"(c) Person. Includes both sirr/ular and plural, and shall mean and
include any individual, firm, ~xctic~, association, partnership, ur
society, exclusive of public agencies.
"(e) Taxicab Service. Taxicab service ~ns any public p~ssex]er
~tic~ service available for hire m call cr demand over the public
directed by the person(s) hiring the same, and ~B~e~4_ive of whether the
operaticre exte.d beyrod the area of the o~ate ~m~ts of the City of
"8.30.020 Permit Rem,lved for Taxicab Service.
Rancho O~..e~3~, without havin~ a permit to do so utter the ~vcisicrs of
this~.
"8.30,030 A=Dl tcetim for Ta~i_~b Service Permit.
-(1)
-(2)
-(3) Number of ~mhicles to be operated um~r the permit.
-(4) ~e make, type, yet, mmufacturer, a.~ pume~ Mati.~
"(e) EVldere of ~ublic liability ~ of n~t less than
$1 million for eac~ ~a, killed or injured ar~ not less than $1 millira for
Oldinanoe No. 501
death or injury of any t~o (2) or ~Fe persc~s in any cre accident, art] for
~ to ~u~ekLy of at least $1 millio~ fr~n any ore (1) ~ccid~nt.
"(7) Legal and registered ownership of the vehicle to be used
by the applicant.
"(8) Prior experience of the applicant in the taxicab lmsiness
includir~ the details of any prior denial, revocatic~ or suspensic~ by any
public agency of any tacicab service or taxicab driving permit, license or
"(9) All felony convictions of the applicant and of all petsors
havir~ an ownership interest in the p~upoeed taxicab service for the previous
five (5) years.
"8.30.040 'r~ of Taxicab Service Permit.
"Upon the furnishin~ of all the information re, fined by Sectic~
8.30.030 and payment of the rec~,i~ed fee tnx]er this (laptar, the City ~
under the ~visions of th~-~ Chaptar. Any applicant denied a permit shall be
given written notice of the reascr~ for the denial.
"8.30.050 Grounds for Denial or ~tim of Taxicab Service Permit.
"(a) Taxicab Service Permits shall be denied or ~ m 'the
following grounds:
"(1) Failure to mai,Yr, ain vehicles in good ar~ safe u~der and in
c~pliance with all laws.
"(3) Failure to pay any fees as req,~ed under this Cha~ar.
"(5) E~ployin~ of a driver ~o does not have a valid Taxicab
nriver's Permit utter the re~,i~emr~s of this ChaUcer.
-(6)
,, (7)
permit application.
Violatim of any of the ~ovisicr~ of this (haptar by the
OrdinanceNo. 501
P~e4
"(8) Convictim of a felony within five (5) years of the date
of aI~licatic~ where such felc~y involved fraud or di-~rmesty by the applicant
with respect to any met~r of the public, or where any taxi owned or ope~t~
"8.30.060 Permit Fees.
"Every person engaging in or carrying ~n the b~ine~ of taxicab
service, or engaged in the activity of drivir~ a taxicab, shall pay an annual
permit fee as es~hll-_e~a_ by resolutic~ of the City Council. Requ~Ped fees
sba 1 ] be paid at the time of applicaticm for a permit is suklnittet under this
"Every permit i-~,~d und____~P this (hapter shall terminate at tba
exp/ratic~ of c~e (1) year from the date of its issuance unl~ revok_wl__ prior
to said terminatim. Any renewal of a permit issued under this ~apter ~
set forth in this Chapter for an original permit. A person hold/n~ a Taxicab
Service Permit may not drive a taxicab without also lx~~ a Taxicab
~river's Permit. Permits i-~Bd uriclet this (=mpter may not be transferrBd to
"8.030.070 TaxicabSriver'sPerm it.
"It shall be unlawful for any lals~, to accept any peKsmr3er in a
City of Rarnho O~ .... ,~ without having a Taxicab nriver's Permit to do so
"8.30.080 Applicaticm for a Taxicab Driver's Permit.
"(a) Any person desirin~ to ~b~in a Taxicab nriver's Permit shall
m,h~It a written applicaticn to the/~ELnistrative Services Director. ~
at:~~m fu~..~ supplied by the ~r~mlni-,~'Crative Services Director re~ard/r~
the following:
"(1) Pertinent persczal data and proof of po&~ion of a valid
Class "C" driver's liceBe 4~evmt by the State of California.
-(2) Ph~ical c~aitim ~fectin~ drivi~ abiUty.
"(3) ETiving lBuo~d for three (3) years prior to at~liceticn
"(4) ~he date and mture of any arrl all orlml.s~ ccravi~ of
the aRolicant for the pk~-dous five (5) years.
"(5) S...a.~y of experience in driving motor vehicle, taxis
and/or other vehicles for hire.
Ordinan,:~ No. 501
l:,-'~cje5
"(b) drivir~ 8 under the influex~ of alcchol cr
"(c) injuries to any ~.Ler of the ~ublic -- a reent
of such ~ex~'s operatim of a taxi.
"(3) ~he pertain has been ccrnrictad for driving a taxicab
rec~essly within the ~v~Ur~ t~o (~) years.
"(4) m~eated ara persista~ violatiers of the traffic laws of
"(5) nrivi~ any taxicab the driver knew cr shcu/d have known
"(6) False stateents made cn an application _--,~--4tted under
"(7) Violatim of any of the provisim of this Ct~pter.
"(s) ~~ any per~n _----e than the establ/shed rata for
"(9) ~he persc~ is req,~ed to rer/ister under Sect. icll 290 of
"8.30.100 Tsm/anoe of Ta~cab Driver's Permit.
CT~ NO. 501
"If the City Omzx:il, or its designee, finds that the applicant is
duly qualified, in _n~p.]~a.nD~_- with the provisicus of this Chapter and there
are no c~ for denial, the applicant shall be issued a Taxicab ~river's
Permit. Any applicant denied a permit shall be given written notice of the
reascr~ for the denial. Permits sb~l] r-m~tn the l~ope~Ll~ of the City of
Rancho O~,,,~3a and are not transferable to any other drivel-. A permit shall
the activity of a taxic~_b driver. ~he Taxi_~__~ nriver's Permit shall set forth
the drivex's name and ~kin~ address. ~he permit shall bear the driver's
to at all times be ~ily visible in the passenger's ccepattat~ of the
"Upcu payment of all rec~Hred fees, _~,~ttal of the rec~H~ed
appliceticu arrl proof of omioleticu of f~,~3e~f~inting and lahotogr~_~_~, the
City exmcil, or its desi~mee, shall issue a T~x~ary Taxicab nriver's Permit
which s~l~ be valid for up to sixty (60) days if the applicant certifies
_u~a-- pe.~mty of perjury that th~ are m ,:jr~mds for denyi.~ the applicant a
permit ~ the provisicrs of Sectira S.30.090. A Te4xxary Taxicab nriver's
Permit my be ~----minated by' the City at any time by written notificetim of
by the City det~Ines that grounds for ~ of a permit exists ~u~aw
Sectira 8.30.090. Any T~x~ary Permit shall autcmtically t~_-rmlnate u~m the
issuance of a regular Taxicab ~river's Permit to the a[~licant after the
c~letim of the Sheriff's investi~tim.
"8.30.!10 A]~D,:~] PIO~.
City Courr. il shall set a hearin~ to occur within forty-five (45) dayre,
said Council or ~ingated l'~,~'rix~J officer. ~he City C~unctl shall
decisim within thirty (30) days of the c~clusim of said hearir~.
"8.30.120 Revocatim of Permits.
be given in writing and served at l_-~_-~c te~ (10) day~ prior to the date of the
the holder of such permit, and sb~m designate t~e t/me and place where such
delivering the same perscr~m~y or by leaving mamh notice at the place of
Ordinance No. 501
business cr residence at least ten (10) days prior to the date of such
be enforcsd by the e~eriff of San Bernardino ecrutory.
"8.30.130 ~cXB.
~,-,f~ Fzz'suaz~ to a cxx'fcr'act with the City of Rancho O- ..... ~ or any
other ~h~ ic ~ ~ ~ ~-
"8.30.140 T~ [~ ~1~ ~ ~ ~~ ~~ d ~~
~i~.
"8.30.150 Penalty for violatim.
"(a) ~',tm,tna.1. violation
therof s~mm be punished by a fine not ~~-~ One ~xmsand Dollars or ~
~ ~ of a ~~ off~ f~ ~ ~ { ~ ~ ~ ~~
"(b) Civil l~-,mate~ Av~{lahle
city comaniX of the city of Rancho o~,, .... ~ h,~-eby chraaree
Ordirk3nce No. 501
l>acJe8
abe Mayor stall sign this Ord/nance and the City Clerk sh-~ cause
the same to be pab~ with/n fifteen (ZS) days after its p-"-ag- at least
once in ~e T.~and Valley D-~y Report, a ~ of general cir=ulaticm
PASSED, AFigTii~, ar~ AUC~i'm t..,hl, 16th day of Sept}zmhm', 1992.
Clerk
EXHIBIT "B"
SUGGESTED MODIFICATIONS TO
RANCHO CUCAMONGA CITY ORDINANCE NO. 501
Add to 8.30. 010 as (a) and reletter.
(a) Certificate. A public convenience and necessity permit
as defined in this ordinance.
Add to 8.30.030 as (7) and renumber.
(7) Evidence of Worker's Compensation insurance on lease
drivers.
Delete 8.30.030 (10) Rates to be charged to the public ....
Add 8.030.035 Rates To Be Charged The Public
Rates to be charged the public shall be as follows:
First 1/8 mile -- $1.90
Each additional 1/8 mile -- $.20
Each 36 seconds traffic delay charge -- $.20
Waiting time is $.20 each 36 seconds
Charging rates in excess or below those stated is a
violation of this ordinance.
Replac~ 8.30.040 with:
Upon receipt of any application referred to in 8.30.020,
the City Clerk shall set a time of not less than ten (10) or more
than thirty (30) days thereafter for the hearing of said
application before the City Council, and shall Give notice of the
time so set, at least five (5) days before the date of said
hearing, to the applicant, by mail, at the address set out in
such application, and by publication of such application in a
daily newspaper in the City of Rancho CucamonGa on two different
days of publication.
At the time set for the hearing of such application, the
Council may examine the applicant and all persons interested in
the matter set forth in said application, and shall determine
whether or not the public interest convenience and necessity
require the issuance of the permit applied for, and if it be
found by the Council that the public interest and convenience and
necessity require the issuance of the permit applied for, it
shall, by motion or resolution, order the City Clerk to issue a
permit in accordance with said application, subject to the
filing, and approval of an undertaking as provided in 8.30.030.
The following factors shall be weighed with the burden upon the
applicant to show a public need and necessity:
i)
2)
3)
4)
5)
7)
8)
9)
io)
The inadequacy of existing taxi services, as determined by
the minimum levels of service specified by the City
Council.
The population density and socio-economic characteristics
in the proposed area of operation.
Type and frequency of transportation service needed in the
proposed area of operation.
Existing public transportation patterns, schedules and
service levels and the impact of the application upon such
service.
Traffic and parking conditions.
The probable permanence and quality of the services offered
by the applicant.
The character of taxi service proposed by the applicant as
demonstrated by: the proposed use, if any, of a radio
communications system, the proposed use of terminals and
private and public taxi stands, the time of day and night
when service is to be offered, and the proposed number and
character of vehicles.
The financial status, character, and responsibility of the
applicant as demonstrated by: the appllcant's ability to
brovide, maintain and operate the number of vehicles
proposed to be operated in accordance with the character of
service proposed in the application, the applicant's
criminal and driving record, as well as credit record, if
any, and evidence of liability and worker's compensation
insurance.
The experience of the applicant in taxicab service
operations as an owner or manager or as a taxi driver.
The proposed color scheme and/or insignia to be used on the
vehicles.
Upon receipt of an application for a certificate and prior
to making a determination of public convenience and
necessity, the City Council shall notify each holder of an
existing certificate that an application for a certificate
has been filed. The holder of an existing certificate may
submit an opinion about the application in writing within
twenty (20) days of the date of notification. A subsequent
public hearing may be held by the City Council on the
application.
Add to 8,030,070
Label first paragraph 1)
2) The Chief of Police may accept taxi operator permits
issued by another city whose permitting requirements meet
the minimum standards outlined by this ordinance and in the
Chief's discretion, provides for the safety of the
residents of the City.
If permits issued by another municipality are accepted, a
taxi operator may operate with that permit in lieu of a
permit issued by Rancho Cucamonga.
Add to 8,030.090
(2) (d) Assaultive behavior
(e) Drug sales or related charges.
(f) Crimes of moral turpitude including anything done
contrary to justice, honesty, modesty, or good
morals.
(10) The department may refuse to issue a permit based on a
conviction older than five (5) years if the seriousness of
the offense creates a reasonable possibility the applicant
may be a danger to the public.
(11) The department may, with the request and
recommendation of a probation officer's report, issue a
taxi operator's permit to applicant with one conviction
~nly who was convicted of crimes covered by 2(a) and 2(f)
of this policy more than two years before the date of
application.
Add Section 8.30,095 Requirements of Taxi Operators Within The
City
A taxi operator shall:
a) be at least 25 years of age.
b) shall keep an accurate, legible record of all passengers
carried, the pick up and drop off points, and the date
and time carried. This record shall be available for up
to one year to the Chief of Police.
c) shall not refuse to transport anyone requesting a ride
except when the safety of the operator or passenger may
be jeopardized by such transportation.
d) shall wear a distinctive uniform with an emblem, badge
or insignia, and similar color scheme identifying the
driver's association with an operating company.
e) shall keep the taxicab in good mechanical condition.
f) shall charge only those rates as approved by the Council
g) shall keep the taxicab in clean and sanitary condition.
DATE:
TO:.
FROM:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
March 15, 1995
Members of the City Council
Jack Lam, AICP, City Manager
Duane A. Baker, Assistant to the City Manager
DISCUSSION OF AN ORDINANCE TO PREVENT CONVENIENCE STORE
ROBBERIES
The last time that the City Council discussed this matter, they reviewed the
Gainesville ordinance with the exception of a provision requiring two clerks
after dark. Before moving forward with an ordinance, the City Council
directed staff to meet with convenience store owners and managers, the
chamber of commerce and other interested parties to get their input.
The workshop was held on January 26, 1995 and was artended by
representatives of the Chamber of Commerce, the California Grocers
Association, the Southland Corporation, Mobil Oil, individual 7-11 franchisees,
and one independent liquor store owner. During the discussions at the
workshop, the majority of the business representatives felt that the City
should be encouraging compliance with guidelines rather than mandating
rules which can't effectively be enforced. It was suggested at this workshop
that the objectives of the City will be better met by working in partnership
with the business community rather than imposing mandates that add costs to
the business.
To demonstrate its commitment to a cooperative solution, the Chamber of
Commerce offered to host annual forums or training sessions on robbery
prevention and safety. In addition, the Southland Corporation offered to make
all of their robbery prevention materials available for the City's use at no cost.
It was suggested that these materials along with input from our own Crime
Prevention Unit could help make a robbery prevention handbook and a set of
guidelines specific to Rancho Cucamonga. These material could be distributed
to all related businesses and annually reinforced by sessions hosted by the
Chamber of Commerce.
Finally, it was recommended at this workshop that the City modify specific
pans of the current Development Code to help enhance public safety. An
example might be requirements for exterior and parking lot lighting.
In general, the business representatives at the workshop felt that a voluntary
and collaborative approach combined with a tightening of existing City
regulations should be tried first. These representative felt that these steps
would meet the goals of reducing convenience store robberies without placing
an undue burden on local businesses.
CITY COUNCIL MEETING
ORDINANCE FOR PREVENTING CONVENIENCE STORE ROBBERIES
February 15, 1995
Page 2
One option before the City Council are to adopt the ordinance already
considered at a previous meeting, whose key provisions are:
Removal of signs posted in windows to provide a clear and
unobstructed view of the cash register and sales area;
Locate sales area so that the clerk and customer are clearly
visible from the street;
3. Post a conspicuous sign in the window which states:
a)
b)
c)
the cash register has $50 or less,
employee has access to $50 or less, and
a drop-safe or time release safe is maintained in the store;
Parking lots are to be lit at an intensity of 2-foot candles per
square foot, with a uniformity ratio of no more than 5:1;
,
Install a security camera of a type and number approved by the
city;
Provide mandatory robbery prevention training to all employees
who work between the hours of 7 PM and 5 AM;
Require two employees be on duty between the hours of 8 PM and
4 AM.
Another option for the City Council is to accept the suggestions of the business
community and direct staff to prepare robbery prevention and safety
materials to be distributed to convenience and neighborhood stores. Along
with the above, staff .would also be directed to examine the development code
for current regulations that could be modified to further the goal of
improving public safety.
Assistant to the City Manager
/dab
CITY COUNCIL ORDINANCE NO.
CONVENIENCE STORE REGULATIONS
Page 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFOKNIA, ADDING A NEW CHAPTER 9.28 TO THE
RANCHOCUCAMONGAMUNICIPALCODE ESTABLISHING REGULATIONS
PERTAINING TO CONVENIENCE FOOD STORES.
WHEREAS, homicides and robberies at Convenience Food Stores between the
hours of 8 p.m. and 4 a.m. may result in loss of life and/or property and is
contrary to the public health and safety and the welfare of the employees and
customers of Convenience Food Stores; and
WHEREAS, these regulations provide essential requirements =hat will
minimize or eliminate a significant number of incidents of homicide and/or
robbery at Convenience Food Stores; and
WHEREAS, on August 23, 1994, a public workshop was conducted to obtain
public input; and
WHEREAS, on , 1994, the City Council conducted and
concluded a duly noticed pubic hearing concerning the sub3ect amendment to the
Municipal Code; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance
have occurred.
NOW, THEREFORE, BE IT ORDAINED by =he City Council of the City of Rancho
Cucamonga, California:
S~CTION 1: The Rancho Cucamonga Municipal Code is hereby amended to add
a new Chapter 9.28, to read, in words and figures. as follows:
Chmnter 9.28
CONV~NI~NC~ FOOD STOR~S.
Sections:
9.28.010 Definitions.
9.28.020 Regulations.
9.28.010 Definitions. The following terms and phrases, when used
in this Chapter, shall have the meanings ascribed no =hem Ln th~s
Set=ion, except where the context clearly ~ndicates a different meaning:
"Convenience Food Store' is a bus~ness establishment that:
CrTY COUNCIL ORDINANCE NO.
CONVENIENCE STORE P, EGULATIONS
Page 2
DRAFT
1. Derlves 50 percent or more of its gross income, excluding
motor fuels, from :he sale of goods, merchandise, or ocher artlc!es of
value in =heir original con:ainers; and
2. Offers a limited c[~tntlty aRd variety of food, household,
a~d sIT. dry ltems; axld
4 a.m.; and
Operates an any time between =he hours of 8 p.m. and
4. Does not sell or have for sale prescription drug items.
B. "Owner' is the person, corporation, partnership, joint venture,
or ocher group enterprise having lawful possession of the premises upon
which the Convenience Food Snore is operated.
C. "Employee" is the person, corporation, partnership, 3o~nt
venture. or group enterprise legally responsible for the day-to-day
operation of the Convenience Store.
9.2s.020 Re~,l~tions. All Convenience Food Stores shall comply
with the following regulations:
A. Locate any signs posted in the windows so as to provide a clear
and unobstructed view of the cash regxster and sales area from :he
street.
B. Locate ~he sales area so C~ac the clerk and customer are fully
visible from the street at the time of the sales transaction.
C. Post a conspicuous sign. not exceeding 2 square feec in area,
in the window which states the cash register has $50.00 cash or less in
in.
D. Have n~ m~re than $S0.00 cash available and readily accessible
to employees.
E. Maintain a drop-safe or time release safe at the Convenience
Food Store vhich is b~lted Co the floor or installed in the floor or
weighs at least S00 pounds.
F. Post a conspicuous sign. not exceeding 2 square feet in area,
in the window which states than there is a safe at the store and it is
not accessible no the emploVees.
CI."'f COUNCIL OEDINANCE NO.
CONVENIENCE STORE REGULATIONS
Page 3
ti'AFT
G. The entire area of the parking lot area utilized by customers
of the Convenlence Food Store must be lighted during all hours of
darkness when ~e employees and/or customers are on the premises as
follows:
1. MinKmum average maintained illuminance must be two foot
candles or greater wl=h a un~formlty ratio (average to m~n~mum) of no
more than 5:1.
2. Additionally, all such lighting shall be in accordance with
the applicable City's Lighting Code requirements. and shall be verified
through the submittal of a detailed lighting plan to the Planning
Commission and the Crime Prevention Bureau of the Rancho Cucamonga Police
Department.
H. Install a security camera of a type and number approved by :he
City Manager or his deslgnee. Sa~d camera must be capable of producing
a retrievable image on film or nape than can be made a permanent record
and =hat can be enlarged through pro3ecnion or other means. Cameras
meeting the rec[uiremen=s of =his section shall be maintained in proper
working order at all times and shall be su~3ec= no periodlc ~nspect~on
by the City Manager or his designco.
I. Any owner or employee who works between =he hours of 7 p.m. and
5 a.m. an a Convenience Food Snore shall con~lene a course in Robbery
Prevention to be given by =he Rancho Cucamonga Police Departmenu, or a
program certified by =he City Manager or his designee, within 30 days
of=or he or she begins employmenn. If =he ~mncho Cucamonga Police
Departmenu's Robbery Prevention course is utilized. =he City Manager or
his designee shall de=ermine the cost of =raining per employee to the
City end =he Convenience Food Snore shall pay the cos= no the Rancho
Cucamonga Police Department prior no the =raining of =he employee.
S~CTZDN 2: If any section. subsect:on. sentence. clause. phrase. or
portion of ~hls Ordinance is for any reason deemed or held no be :nvalid or
unconstitutional by =he decision of any court of competent 3urisdicnion. such
decision shall non affect =he validity of =he remaj.ning portion of =his
Ordinance. The City Council of rJxe City of Rancho Cucamonga hereby declares than
~t would have adopted =his Ordinance and each section. subsection. sentence,
clause. phrase, or portion =hereof. irrespective of r. he fact that any one or mere
sectlots, su~sections, sentences, clauses. phrases, or other portions might
su~sequennly be declared invalid or unconstitutional.
S~CT_ION 3: The MaT:r shall sign this Ordinance and =he City Clerk shall
cause =he same to be published within 15 days after ins passage an leas= once in
the Inl~n~ V~l!ev D~i!v R,,lletin, a newspaper of general circulation published
=n t~e C~=y of Ontario. Callforn~a. and c~rcula=ed in the City of Rancho
Cucamonga, California.
DATE:
TO:
FROM:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
March 8, 1995
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
Diane O~Neal, Management Analyst II
DISCUSSION ON HOW TO CONDUCT LIBRARY BOARD
INTERVIEWS
RECOMMENDATION
Provide direction to staff on how to conduct the Library Board Interviews.
Backeround
A member of the Library Board resigned and a vacancy has been created. Staff has placed an ad
in the Inland Valley Daily Bulletin inviting applications with a closure date of April 13, 1995.
Analysis
When the City Council reassigned their Council Subcommittee duties December 21, 1994, the
Subcommittee for library issues was deleted. The Council may now wish to consider
establishing a Library Board Subcommittee with the specific purpose of conducting interviews
when a vacancy occurs or terms expire.
Sp?tfully Sub 'tted,
Diane O%leal
Management Analyst II
Corncast Cablevision
1205 Dupont Street
Ontario, CA 91761
(909) 988-8322
( COMCAST
March 6, 1995
Mr. Jerry B. Fulwood
Deputy City Manager
City of Rancho Cucamonga
10500 Civic Center Drive
P.O. Box 807
Rancho Cucamonga, CA 91729
cc: City Clerk
Dear Mr. Fulwood:
This is a request to make a brief presentation before City Council at the March 15 council meeting
on behalf of Comcast's new Customer Service Guarantee program.
We launched an exciting new On-Time Service program on the first of March this year and would
like the opportunity to further explain it to the members of city council.
If this is possible, please contact me at your earliest opportunity.
I can be reached at (909) 988-8322 ext. 3064.
Si erel;~_
awrY'ic Affairs and Programming
Comcas! Cablevision
1205 Dupont Street
Ontario, CA 91761
(909) 988-8322
( COMCAST
March 7, 1995
The Honorable Mayor, City Council and Staff:
I'm writing to tell you about an important new commitment to customer service and satisfaction
being made by Comcast Cablevision, of the Inland Empire. On March 1, we launched our
On-Time Guarantee program to ensure that our customers receive the quality, timely service they
deserve. In addition to our ongoing pledge to meet the needs of our customers, this guarantee
will commit us to the following:
We'!! be on time for your installation or it's FREE,
plus we'll credit your account $20.
We'll be on time for your service/repair call or,
we'll credit your account $20.
We'll complete your requested installation work within 5 business
days from time of order or, we'll credit your account $20.
We'll resolve your service problems within 2 working days or,
we'll credit your account $20.
We'll respond to any billing dispute within 2 working days or,
we'll credit your account $20.
Please give me a call if you have any questions about our On-Time Guarantee or any of our
ongoing activities. I would welcome the opportunity to talk with you about the changes we're
making, and how they will benefit our customers.
Sincerely,
Jim H. Lawry
Manager of Public Affairs and Programming
7/
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
BY:
SUBJECT:
March 15, 1995
Members of the City Council
Jack Lain, AICP, City Manager
William J. Alexander, Mayor
William J. O~eil, City Engineer
ROUTE 30 UPDATE
The March 14 meeting of the Route 30 Task Force was attended by nearly all the committee
members, as well as City staff, Caltrans, and SANBAG representatives. At this meeting the
committee wanted to re-examine the profile of the entire length of the Route 30 project in detail.
The Caltrans representative explained the development of the "at grade-depressed" profile which is
now being proposed by Caltrans and SANBAG.
In reviewing the profile the committee paid particular attention to the remaining elevated sections
particularly, at the west City limits near Sapphire Street. The committee also discussed the sections
near Lemon Avenue and Rochester Avenue at length.
After this review, it was the consensus of the committee that before accepting the profile more
information about two areas of elevated profiles would be needed. The information requested for
review is as follows:
Sapphire Street Area
Move MWD pipeline to allow fully depressed section:cost.
· Sever Sapphire Street to allow an at-grade profile-cost.
· Effect on circulation especially pedestrians (school)
· Number of houses required to be removed
· Lowering of Cucamonga Channel to allow depressed section-cost.
More detail on the cost and physical factors involved in further lowering the profile near
Rochester Avenue.
MEMBERS OF THE CITY COUNCIL
JACK LAM, AICP, CITY MANAGER
March 15, 1995
Page 2
This is a significant amount of information to be provided over the next three weeks but Caltrans,
SANBAG and City staff will attempt to do so.
At the end of the meeting comments from the public were requested and a member of the public
stated that the committee should review plans and elevations of the 15/30 Interchange to see if the
design is compatible with the residential zoning of the surrounding area. Caltrans stated the plans
would be available for review by the City and committee members at the end of the month, enabling
them to be examined prior to the April 11 committee meeting. ·
Respectfully submitted,
William J. Alexander
Mayor
WJA:WJO:dlw
March 14, 19qS
Honorable Mayor and Council Member':E.:
7thank you for- g..sking for- m>' input. on the Taxicab Ordinance.
;~tease take not:ice ,::~nd read ~:ha attached exhibits.
E><hibi~ ?,,: 7a>.':Lcab Ordxnance No: 2718 San Berrlardino County
T~i.s i'.s tha Or'd~r~ar¥:e 'fellow Cab and myself ~,.~aF'a ~o follo~ back ~hen
ther~ t-.~as tmo Ordinance: in tlne C%t>' of: Rancho ,'::ucamonga. At ~hat time
I kept'. m>'selr ar',c~ m>. drivers I::,errnit:ec', with a, San Bernard~no County
,nar'mit. i be].ieve Lhi:s Or'din.~,nce is 'still t. lna Fatlner to your City
Ordinance. IP you v.,~il71 ~ake.'.ncntic:c~ o[- se~c.~.ion 41.1S~13 Exernptions.
[,,.J i t h i r] t', h i % 's ~jaf': [. :[ ,3 r'~ I= ,:3; ~:, ['i.{~.x i ,3,?,b C ornp.A i~y to b~e~ Q:;<ernp 't f r ,:an, need i ng
perrnits v.jj. thii-~ this Count:y, Lhe Company ~oLlld have to have vetnjnles
,~,z.~:'sed witl~ii'~ thi~z Ccnunt>'. f,:si].obg Cabs %"ehicia'5 are based in Los
A r, g e :L c :s C o u n t.y.
Tlne 0 r'di n,~r~c:e ,z 1 so :s'[~ ~es a F t,s r ~:',"~e Con~pany has c;o~p 1 led the
drivers ~ould be exemp~ from having a County Permit. if ~he driver
~as issued a per~i~ froa a City ~i~hin San Bernardino County.
Outside of ~he very fe~ drivers permitted ~i~hin ~he City of Rancho
Cucamonga. Yello~ Cabs drivers are permitted in ~he City of Pomona.
~i~hin ~he County of Los ~ngeles.
Exhibit B: Senate Bill 944
I would like to bring your attention to the last page of the Bill.
S.8. 944, while containing legislative findings concerning the
importance of taxicab service to the state, directs every city and
county to regulate taxicab operations but does not authorize or
direct any monopolistic or anticompetitive activities in this
connection. On this basis, we think that any anticompetitive
conduct or monopolistic activity by a city or county respecting
taxicab service would not be exempt from antitrust scrutiny under the
tafayette and 8oulder decisions, since only general authority to
regulate taxicab service is provided both by the bill and by existing
law.
We conclude that neither Article 4.5 nor S.B. 944 would
eliminate the application of federal antitrust laws to the local
governments concerned.
I would like to think this ~outd keep your eyes open to free
enterprise. Yellow Cab has used the part of S.B. 944 to manipulate
the peoples system, the right to have a choice. Yellow Cab operates
in excess of 2~ cities. That would probably at a guess be about one
and a half to possibly two cars average per city. The people need a
comparable alternative.
'fellow Cab is requesting the burden of proof to be upon the
applicant. If this is to be, Yellow Cab or any other.existing
companies books should be open to view. There is no advertised
number of a complaint service for'tlne public to complain even of the
other modes of transportation within this city. The public is left
to fend for themselves. This is probably the reason the city has had
no complaints.
As it is my understanding to have ~'~orkers Compensation on anyone
you would have to know how much the person earned. I would like to
see YelloN Cabs records of earnings. As I ,did ~ork 'for Yellow Cab
ask for mine. When I worked 'for Yello~j Cab there ~as not even a Trip
Sheet ,naintained.
The only reason Yellow Cab would ask foe ,_~ tess restrictive
applications, they either have or wish to open a br'oader ares for
drivers. Do you Nant your friends or neighbors in ~,Sat environi~en~?
Just recently I received word, Yellow Cab ~as non self-insured.
I'f ~-his is the case, I have reason to believe ~hat there is drivers
working for Yellow Cab that have driving records ar~ insurance con~pany
will not touch. The S~a~e has a program, called The Driver Pull
Program. This is a good progr'a~ as the D.M.V. alerts the company of
a bad driver. Yellow Cab has staled before they are in ~his prograrf~.
If this is the case, the City could request copies fronm ~he taxi
companies every six months, .-~s this is ~hen ~hen D.M.V. gives each
and every company an updated drivers report.
Proprietor
ORD:;¢ANCE NO. JIll
AN ORDINANCE OF THE COUNTY OF SAN BERNARDINO. STATE OF
CALIFORNIA, AHENDING THE SAN BERNARDINO COUNTY CODE BY
ADDING CHAPTER IR TO TITLE 4. DIVISION I, RELATING TO IAXICAB
SERVICE. AND A~;DING SUBSECTION (N TO SECTION 16.026 AND
SUBSECTION (p~ TO SECTK)N 16.0226. RELATING TO FEES CHARGED 8Y
THE CLERK OF TH~. BOARD AND THE SHERIFFS OFFICE
The Board ol Superrisors d :~ Count/ol San Bengrd,no. Stat. eol Cihlomia.
does or'~in as follows.
SECTION I. Ch,lpter 18 n .~r~ added t~ Tttle 4. Dins,on I d the San
Ben~rdmo Count)' Code. to r~: as Ioilows:
Cktpter II
TAXIC.~B SERVICE
Sections:
41 181 Definitions.
' 4t.182 Permit Required to.' T.1xic.1b Service
41 183 Application Ior Taz.c. ab Service Perring
41 184 Issuance of Taxica~- Service Perm.
4t 185 Grounds for De~gl or Revocation ol TaxK~b Service Permit.
41.186 Penrat Fees.
41. 187 Taxuc.1b Dnver's Pe-mlt
41. 1~ Ap1.~iic:i .~,q Ior; Tax,c;b Dnver's Perrant
!:. :3; C,.v~.,,~. ;u, L,c.,.. u, ,~.;voauon o~ 1.1xlcao L)nv~r s r'ermet.
41.1810 Issuance ol Taxicab Dnver*s Permit.
41 1811 Appeal Procedures
4t. 1812 Revocation ol
41 1813 Exemptions·
41. 1814 Time Ior Cornphase bI, Existing Taxicab Services and Toxic.oh Drivers.
411815 Penair)'.
41.111 Definition..
As used in this Chapter. ~he following terms s~all hart the meamr~s Set forth
below:
(a) Dnver An)' person G.."~mg .1 taxic.lb e~ther as owner or under the
d,~uon. employment control. o' Service of the owner as he~in deemed.
(h} Owner. Every person e'.qwng control. whether by outright ownership.
i-`jSe or otherwue of an)' uxica~s for hire.
{c) Person. Includes both s~'~jlar and plural. and shall mean and include
nrdlwdu.11. firm. coi~x:rauon..1u.c,:auon. partnership. or sottry. excb~e of pubt.c
~,enoes
(d) Taxicab Any yeNde ~v-<~ ~s used to prowde u~icab Serv,ce as defined ~n
tNs Chapter.
(c) Taxicab Service Taro: service mean', any pub6( passenger trans~oorut~on
sen,re avidable ior hire on :l': or demand over the pubbc streets ol the
umm.?rporated area ol San 5erna~ mo Coun~.y whert the service ns not prov.ated over a
defined r~ute but between such F'~>~c5 and over sach routes as may be d~re<ted by the
p-~sse,geqs) or person(sl hmng :~e ume. and ,r~spect,,e ot whether the operauo,~s
exl:nc' beyond the aria ol the ~-'<orl)orated poruon o( San Bemardmo Counly.
41.112 Permit Required lot Tuicab Service.
it shall be unlawful for an.t ~rson to engage in the business of operating or
causing to be operated any ux~i: servece wtthlfi the un,ncorporated area oi San
Bernardtoo County. wgthoul have~ a C. oun[)' perm|t to do ~ under the provisions ol
this Chapter.
41.113 Application for Tuk~ Service Permit.
(.1) Any person des~nng tc ..x~am a permet to operate a u~.,cab serrate under
this Chapter shall subtrot a wnur a~hc~tion to the Clerk of [he Beard ol Surervisors
ot the .:ou.lcl ol ~n t~emara~n,.. T~e application fonts wdl be prc,vlded by the Cleft
o[ the Board ot ~upervesors. Ap;><s:.ons shall be s~gned unde, penalty of perlur7 and
shall conu,n the tollowing enforr"a:,,cn
(11 Name. residence ~:.:~ss and telephone number ol the a4:>plunt
(21 Business name. aa:'tss and telephone number of the app~Gint.
(33 Number of vel'.c~. :~ be operated under the permit
(4} The make. t)'pe. ,-,Jr. manufaclurer. and passenFr seaung of the
vehicles to be used by the apptcr:
(SI The proposed ::..or scheme. mrdgna or other dlsun~ishable
characteristics o( the taticab to :x ~sed. encludm[ the type of gllurmnated s~gn to be
mounted on the top ot the veh,:,e and teltend thereon
(6) EvN:lence of p~blic ul~hty insurance of not less th.1n $100.0130 Ior e.Kh
pen, on kdled or mlured .1nd not less r. nan $300,000 1or mlu~ or death ol an)' two (2) or
more persons in .1ny one accKk'.'c and for damages to propert)' ol at least $50.000
from .1,:- one (I) .1ccldent.
(~ Legal and r~g,ste.~-: ownersNp ol tht rehicles to be used by the
.1ppZ','.1m.
(8) Prior experience :.' :he appkam m the tax~lb business uncludmg a~
prior alereal. revocateon or SUSpe"S.~n b,f any pubk agent7 ol any Ux~c.1b serv~e
taxicab dnwng permet license or ;e~,iicate.
(91 All leiony conv,c:.;.=s ol the appl.'Jnt and ot .ill persons hawng an
owncrsNp mlcrcsl en the prop,?~.:..' 'l,ucab service
41.114 1ff4~ace d Taxicab Service PerrolL
Upo~ the lunging ol all the mtormauon rtqu,m:l b7 Secuon 41 18J and payment
d the mlu,~l le~ under this Chapter. the Boaffi ol Supervisors r~aH Issue tbe
al>piant a TaxK.lb Service Permit if the .1priam is m comphance w~th this Chalxer and
thef~ are no IrourKb lot denial d the permit under the provs:lons of this Chapter Ant
applicant dened .1 perroll ~111 be Iwen written notice of the reasons Jor the demal
41.11S Groumb Ior Ihnlal or Re__glee et Taxkab Servke Imen~lt,
(aI Taar, Jb Service Perrmu shall be denied or rtvoKed on the Iollowm8 grounds
(I) F.1dure to have or mamblm insurance u reqmred by this Chapter
(2) Failure to rnamta,n ~hicles m ~ .1nd ~lle order and m
weth .ill laws.
13) F.11se suremenu made on an .1ppkatlon ~lNT. tted under th,s Chapter
(4} Fa, dure to pay .1ny lees as requ,ttd unOer this Chapter or the
Code Fee ~:hedule
(SI Repealed .1nd persistent wolat~ons ~ the permittee or the
hdder's drivers d the tra~K Liws O~ the COunt)' and State.
161 Emp~olmg of a driver who does not have a vaKi Taxub Dnv~r's
under dx' rt"qulrements ol Ih6 Chapter
tT) v~ouuon ol any ol the provmons o( tNs Chapter by the perm~. hok~er.
41.111 Permit Fees.
Evenf person trigaging m or carrying on the bus~ness ol taxicab Serv,ce shaft pa:, an
.1noual pem',K k.e as set Ionh m the San Beln.1rdmo Ceu'~Iv Code Fee ~.,,-
person er~lgmI m U~e Ktmty of driving a taxicab shall pay .in annuai pen~t lee ~s set
forth in the San Bemardlno Count7 Code Fee Schedule. Required fees d~all be pa~d at
the tsme an apphu.on for a pen~t is subtrotted under this Chapter.
Eve~ permit ~ss~.d under ins Chapter duff terminate at the explrat|on c~ one
)'ear from the date ol eu Issuance unless revoked prior to ud terrm~,on. An;, renev~at
LLnslermd co an,/other ~ //
41.117 Taxir. d~ DHver's hrmit.
It shall be unlawful Ior any person to drive ~ ux~lb m the unmcorporated .1tea
San Bernard|no Corm7 w(hout having .1 Taxr. Jb Dn~er's Pint to do ~o uncle? the
prow$.~orts o[ this Chapter.
41.111 Applica~jon k~r ,, Taxicab DHver's Permit,
(a) An)' person desnng to obum a Taxlr`jb Dnver's Permit shag s~br~t a
written apOhc.1t~on to the Shenil' of San Bernardtoo Coun[)'. The applr,.an[ s,~.ll ~ro,de
rt~luested mforTnateon On apphcaDon forms suppied by the Sheriff reprint;
· f0!Iowm~
(I) Pert,nent personal da~ and prool o! possession o~ a va[~ C~ss
dr,Ytr's IKcns(' issued b7 Ihe State of Cahlomla
t21 PhXsica! condition
(Jl Tra~.c record for three (]) years prior to apphQtlon.
{4} All cnn~nal convKl,~ons o1 the apphcan~
151 Expenen(e in dnwn~ motor yeNdes. blx~s and other YehK~es %'-
161 The narr~ and address ot the uxicab servKe by whom the i~T.'J~(an:
be emptied
E.1ch applicant $hatl be fingerpnnted .1nd photographed by the Shenfi's Off<:
cnmenal r,ecord$ check shall be conducted on the applKant. TkP. ~pp!,c~,,: wll~ be
m:luered to ~y the 5he~'s esubhshed lees for such services in addr~on to the
Dnver's Permit tee. A driver olxammg a permit renewa~ red not be fingerpnnteC and
photogr'~ne:l if the Sheriff determines that such ~ not ne(esury for
edmmistrauon of this Chapter.
41.111 GrouMi for Dellhl. J or Revlx~on o~ i'uic.&b Drher't PerraiL
(a) TaxrJb Dn,e"s Permiu shall be den._'d or revoked on the
grounds:
·
(I) The person does not possess a vahd CLass 3 dn~r's ticer'L~e Is.s4.e:
r. he State o.r Calilom~.i
(~) The person ~s less than eighteen 118) r-jrs of age
(3) The person is required to register :~jrsuant to Seal. ion 290 o
California Penal Code.
14J The person has been convicted of a cnme involving moral tu~.,~e.
solirking f:r ;)rostitut,on. nortortes or d.1ngerous dn~s unless a period ol no: ~ss
thret (3) ruts has elapsed s~nce the date ol convection or the 'h'te of recast.
confinement Ior inch offense. whichever is later.
15) The perIon has been conlrKted for dnr~ng a t.lxic.lb reckle~J:
the pre(e~.ng two (2)
16) Repeated and pe~stenl vlolauons o[ the traffic laws of the Co~nt/
Sure.
(7) Dnv,n[ any uxic.1b the driver knew or should have known was not ,n
good order and repa,r
18) False suremerits made on an applutlon ~brmtted under th~ Chai>:er
(9) Operating 1 taxicab whde under the influence of akohohc
nalTOlic$ or ,otl~r hab, t-Iofrmng dnJgs
(10t V,olat,on o( any o~ Ih~ provisions ol Ih,s Chaplet
41.1110 Isnnnce d Taxicab Driver's Permit.
If the Sheriff f, nds chat the ~0~r~nt ,s duly quald~.d. o[ good monl charttier. ,n
comphance w~h The ~s of ff~. Chap(er and them am no grounds lot deneal. ihe
Sheriff shall m. ue a Taxr. ab Dn~r's Pen~t to the applK.~nt Any ap~cant ~n~l
permit shall be ~ w~ten ~ot~ce of the masons Ioc the alereal Perm~u d~ll mf~,n
the property of the County of San Bomardmo and ar~ not tr~nster'~e m an~' other
driver. A pen~ shall he survender~l to the She~[ by the dnver upcm such dnve~
teasin[ co enp~ in the Kzivit/of a ux~cab driver The Tax~b Dnver's Penal shaft
set tonh the drwer's nan~ and workmE address The perma shall bear the dnver's
p~ctur~ and s~all be d~st~a)'ed w~e the driver ~s operat~n[ the r~.ab so as [o at all
ume$ be easily vmble mr. he passenler's companrnent ol the
Upon pa~ent of all ~qurt~ tees. mbm,tul of ~he rt~lu~r~l apphcauon and
completion ol hn~rl:mmmg and ;~oto~q-aphing. the Shen~ shall 5sue a Temporat7
Tuab Dn~r's Permit which shall he nM 1oc up co sixty (60) ~ d the apglant
r._~'lihes under penaky d pequry [hat them am no grounds for denTin~ the ap~cam a
perinK under the provisions of S~-aon 41.18~. A Ternperry Taxab Dn~r's Pe~nn~
may be terminated b)' the Sheriff at any tm~e blr winten notffr, auo~ of termmauon co
the holder of a Terlx>r~c7 Dnvr's Permit i( the Sher~'s imest,~uon deterrmnes that
Jround$ for denal of a per~t exrr, s under Se~Uon 41. IR9. An7 Temporan/Permit shall
autornat~llly termifiate upon the ,&q~lfi(e ol a regular TaxRib OnKr's PerfiNe to the
apphcant after tl',e comp~eunn o~ the Shenff's ,nves~,gaccn.
41.1111 Appea~
.,~ .....
SuptrY~ors in wntin[, ~'ng r~.kq-~ wh~ the pern~ Should be ~q~nted. T~ I~ard ol
Superviso~ ma~ grant ar denT[N per~t. AnT appeal musl be mad~ within ten (10)
dal~ o[ the maihng of noc~e of ~e den~l of I bem~. The Board of Supen~mn
hear appeals directly or m ~u sole d~cmtK)n may ap~:Hnt a heann~ officer co hear
~peal and make a r~ommenda:.~ to the Board of Superv~so~ pur'~nt to County
Code. Section 12.270 et se~. The decns~0n o[ the Board o( Supe~sorl on any appeal
s~all be final.
41.1112 Revocation d Permits.
No permit issuecl under [h~s C~pr, er shall be r~voked unuI nouce is provKMd and
a heanng co determine whether .'.~m am grounds for mvoclt,on shall have been held
bdor~ the Board of S~pervrsor~ or m the Bo~rd's sole d~mt~on be~or~ a heann~
o6q'K:er appointed b~ the Boar~ o~ Supervisors to hear the appeal and make a
r~ommendation to the B~rd utter County CoJ~. S. Kt~on 12270 et seq. Nouce
~uch heanng shall be g,ven ~n wn~.'~ and served :,c least ten {10) dal~ I~or to the ~te
of the heanng then~:)n. The noLce S~all SrJte the grounds of the Complaint against the
bolder ol such perinK. and shall G~'nate the ume and place where Su(h hunn~ will be
hell. SaK] notice shall be serve: upon the permit holier ~ dehvenng ~he ~ame
penonally or by leawng such noDce ac the p4ace o4 business or insolence ol the pern~t
holder m the custody ol a per-,o~ .~-er ~he a~e ol eughteen dBI ~e~rs. In the event the
pertrot holder cannot be fount. i'~ the serv~e 9l s~ch notre cannot be othenv~se
made m the manner hemm pro-:~.c. a copy ol Such nouce s~ll be maded. ceqd~:~
postage lull)' pr~nd. a(k:lmss~ :: :~e ~rma holier at h~s or her I:~ce o~ b~ness or
r~s,dence at least Len (lO) ~ys ;,--Or tO Lhe dale oi ~ch hunng The dec,sen of the
~o~rd of Supervnso~ m a r~vocaL~-' appeal shall be hn~l. Th~ Chapter shall be ento~e(I
by the Shenit ol ~an ~err, armne Count)'.
41.1113 Exemptiora.
This Chapter snarl not apy, ~o pubi,c trlnspor~t~on ~erw(e hem~ ped0rmed
pursuant to a contrlct vnth the Couqty of San Bernardtoo or an)' other pubic ent~t/m
thu, :xate. A taxicab service shall r,~. be r~4ul~'d to obtain a pero~t under thn Chapt
Ior r~xr. ab s~mce m the untotorpedoed aru of the Co,jnrlr aen sa~ taxicab service
located within a cK~' of the County and Ks veh,cle~ am base~ mthm ta~d ca')r and the
r.,1x~,..ab service has a I~__.e.e.e.e.e.e.e~. cerj~_ce or ~.._~Jt [rom~'~"c~y co enpo*e m ~iz~cab
service under ~ ~t/ordlnance="~'<", r~,ulaces uxc~b service.
^Onver o~nung a ~xr~.'. sor · ~r~,ce t'~t ~$ exenqx Irorr, a peg~n,, under one
pr~:eding sentenc~ shall not be ~.~u,~,,cl co have a dnver's perm~ under th,s Chapter
Such dnver h~ a valLd_,N.~rm~ or 4<~ irom a ot/w~!n San Be_rna_nj~no Countlr which
mclu,ms an ~ndivi~ual ~x~b'~:~f.~s'~it 0~ kent.
~1.1114 Time fo~ Compliuce bl E~islinI Tuicab Services ~d Tuic~
Driver~
Any uxicib service or DlzCL ~nver pedommln~ ~rv~e on the ettecuve date ot
~his Chapter shall have ~xt/{~0~ '=T~ frOm the efi~we dl~ o4 [h,s Chal:~tr co obQin
berm~ requimcl hemunder.
Violation of an~ ot the pror~on$ of th~s Chaplet Is a md4tmunor and pureshark
by a tint not ezceedmlt ft, hu~rnd dofbpi ($SOG00) or ~ ~ml:msonm~nt in the
County Dil nol exceeding ~z I~! months. or by both such line and Imprisonmere.
SECTION 2. Sut~cuon ' ,s hereby ldded io Section 1~026 ol the San
Bomardmo County Co~e co re.a: is follows:
(h) TI,Rib S~rv(e Perm~: ............ $S000t8nnual~
SECTION ]. Subs.'~n I;' ~ hereby aded ~o S~t~n 1~0Ll~ oi che San
Bernardtoo County CoG~ co r~: as follows.
(p) Taxab Dnver's Permr. $12 00/lit Tear
($10 00 for each ~t~equ~m
i dr,Yet ,S .Ssu~ i pentlet)
SECT:ON 4 Th,s ordinance shall uke ellec~ :h.nl (30J days Irom the ~te of .ts
adopDon
ROBERT L HAMMOCK.
Board of Supervoon
ATTEST;
ANDREE DISHAROON, Clerk of
~he Board of Supervnors
STATE OF CALIFORNIA }
COUNTY OF ~AN BERNARDINO
I. ANDREE DISHARC)ON. Clerk of the Board ol Super~ason ol the Count/
San Bomard,no. State o~ Cahlomg. hereby cen~ that at a rtlubr rn~etml: o{ the
Board of Superv6ors of Mad County and Sta~e. held on the 6th day of December. 1982.
ac whmch meec,n~ were present Supervesors Robert L. Hammock. Chad'man.
Joynet; Dav,:l L. McKenna; Roher~ O. Townsend; and the CMrk. the |o~,om~
on;hnance was passed and adolxed by the Iollowi~ vote. co
AYES: Super|sots Joynet. McKenna. Townsend. Hammock.
NOES: None.
ABSENT Supervrso' McEIwa,n.
IN WITNESS WHEREOF. I have hemumo set my hand and affixed the o~,..al s~al
of the Board o~ Supervmsors this 6th da)' d December. 19R2.
Clerk of the Board of Supe~tson
d ~he Count/of San Bernard,no.
State of CJMoma.
.---':" :..-:.~- . ..... . <.: 7 :...... . . . ~ - _- '~-_ ."~ ..~'. '.-' .' '.', ..
.. . , -. : ~
~. .,~.-. .
'~~~: EI:tSlN:::I~I:3 !:mA,$:IATI::tANSiT, INI:3.
POMONA CALllcC)RNIA 91769
[71~1) 6;~:3_1313 , (714) 986-1138
.~.L. '
' :!~."' June 20, IQ~c'~
Hon. Bruce Young
Chairman, Assembly
Transportation Committee
State Capitol
.... Sacramen~i CA~ 95614
Dear Mr'. Young:.
I am writing to request support fo an) relating to Regu-
lation of Taxicabs. SB 944 will b e Assembly Transporta-
tion CF ittee o. une 1983. e Bill is enclo,ed for
and rates in the taxicab business. The Bill addresses the technical
legal requirements, pursuant to the recent U.S. Supreme Court Deci-
sion in the Boulder Cable T.V. Case, for State legislation author-
izing local jurisdictions to regulate in an area they have histori-
cally regulated.
SB 944 provides that local regulation of taxicabs shall include, but
is not limited to, a determination of the need for taxicab servi~e.
It also provides for the establishment of rates by the local juris-
diction. The extent of the need and how to meet it are left to local
determination. The type and possible variety of rates are not speci-
fied in order to allow local public policy to prevail on this matter
as well. /~
The single purpose of the Bill is to clarify and maintain the ability
of cities and counties to exercise their authority in this area by
conforming California law to meet the statutory standard of the Boul-
der Case.
Your support for SB 94.4 will be greatly appreciated.
Sincerely,
GENE R. STALIANS
President
I
Slt-w. Q. uI'C
w,u.u.,,, F,..AN1t
NCM..AN I: m~"?rL~r
E..LHU Id
~ IS~;N~RG
MARtaN W. LAFOU.E'T'rE
G.WLrNMOC~'~:
pMU. JI D, WYMAN
June 29, 1983
Mr. Bio~ Gregory
Legislative Counsel
Room 3021, State Capitol
Sacramento, CA 95814
·" ' ' se,,. -'
BRUCE yOUNG
CH.~.IRMAN
Dear Bion:
I would like an opinion of the following questions- If you could
..... ~e a response to me by July 11, I would be most
appreciative-
Do the statutory changes contained in SB 1422 of 1982 (Chapter
767) and SB 944 of this session alleviate the problems created by
the Boulder decision for local agencies?
How have other jurisdictions sought relief from this decision?'
that will allow the state to react tot~
f there a legal ~emedYo net as to mandate a specific ac
and st~ll all ~t~andate {e g- SB 944 req t do so)9 ot
wish to react to th 's some c~tics do not choose o '
establish taxicab r ;
Thank you for your assistance-
CordiallY,
BRUCE yOUNG
bcc: Bcrnnrd Teitelbaum
· .. REQUEST OF
/~ss~v~m~ Bruce E, ~oaz~
per Shtzle~ Saac~Je
AMENDmeNTS (SB 944) --
Amend SB 944 as per the attached- Bevise ~ 13828.
Any ~uezti~, call Linda Marshed at 5-7278-
ATT~_~mmNTS--
I pa~e of,~n~U~ i ~ of ~ 94&~ ~ 13828-
7/7/83
Taxicabs: Regulation (Amat. SB 944)
This will acknowledge your request received on the date indicated. p|ease
examine the above statement to determine if it correctly sets forth your request.
Any question
to whom it has been assigned-
this request may be dlrec~ed to
Elan ~A. GREGORY .r.'-
Legislative COunsel ~"
83192 10:5~
.JUL
-00577 P&GE NO.
30 BF: BN 83 01~129
:
A~END~NI5 TO SEN&IE BIlL ~O. 9~
AS ABENEED IN ASSEBBS! JON~ 30, 1983
Amendment %
On page 2, lines 30 and 31, strike out
-licensing, controlling, and reguEating, by ordinance or
resnlution," and insert:
adopting an ordinance or resolution in regard to
&mendsent 2
On page 3, line 5, strike out -The regulation
and insert:
i policl ~or
Amendment 3
' On page 3, line G, strike out -The regulation"
and strike out lines 7 and 8
Amendment q
On page 3, line 13, strike out eliceasing,
controlling, and regulating" and insert:
cartling out an ordinance or resolution adopted in regard
to _ ~ _
83192 10:5~
~ECO~D t 30 BF:
dULl
00577 Z:'IGIC
I~N 83 0 I~.!29.
aS AB~N~D IN ISSE~B~Z JONE 30, 1983
Amendment 1
On page 2, lines 30 and 31e strike out
*licensing, contcol~ing~ and regulating, bl ordinance oc
cesolution~- and insect:
adopting an ordinance oc cesolutton in tegard to
lse~dsent 2
Oa page 3~ line 5, strike out ~he regulation o~*
and ins6ct:
a polic] for
Amendment 3
, On page 3, line 6, strike out "The regulatione
and strike out lines 7 and 8
Amendsent. ~
On page 3, line 13, strike out 'licensing,
controlling, and regulatingm and insert:
carc~ing out an ordinance or resoluticm adopted in regard
to
- 0 -
"I
ASSEMBLY TRANSPORTATION COMMITTEE
Assemblyman Bruce Young, Chairman
SB 944
Hearing Date: 6/28/83
SB 944 (Foran), as amended 6/13/83
(Fiscal-yes)
PRIOR ACTION:
Senate Transportation 5-0
Senate Finance (28.8)
Senate Floor 37-0
4/19/83
5/9/83
5/12/83
SUBJECT: Taxicab Regulation
DIGEST: This bill would:
(1)
declare that it is the state's policy to promote a safe and
reliable taxicab service;
(2)
(3)
affirm that the regulation of privately-operated taxicab
transportation service is an essential government function;
require every city or county to protect public health and
safety by licensing, controlling and regulating taxicab
service within its jurisdiction, and
authorize cities or counties to levy service charges, fees,
or assessments to pay for the costs of taxicab licensing-and
regulation.
STA_~F COMMENTS: Taxicab services in California are generally
regulated by local government but the degree of regulation varies
among jurisdictions. The types of regulation include entry and
exit, fares, safety equipment and insurance. The specific forms
of these regulations often fit the needs of the jurisdiction.
On January 13, 1~82, the U.S. Supreme Court rendered a decision
involving the City of Boulder, Colorado (Boulder decision). The
court held that municipal activity is not exempt from federal
antitrust laws unless it constitutes the action of a state or
unless it constitutes municipal action in furtherance or
implementation of a clearly articulated and affirmatively
expressed state policy.
The effect of the Boulder decision is potentially far-reaching
and has impacted a myriad of local government activities.
Included among the potentially affected activities is the local
oovernment authority to regulate taxicabs. If the Boulder
decision is further construed to rescind the local jurisdiction's
authority to regulate taxicab regulation, it could result in a
rather significant disruption of service.
This bill is intended to reinstitute the local jurisdiction's
authority to regulate =axicab service. The language in the bill
is designed to be consistent with'the Boulder decision andlto
restore the local government's regulatory authority.
KNOWN POSITIONS:
Support: League of Cities
California Taxicab Owners Association
No known opposition.
CONSULTANT: Linda Morshed
SB 944
Honorable Bruce Young
Assembly Chamber
BION M. GREGORY
Antitrust:
Sacramento, California
August 8, 1983
Local Governments - #13706
Dear Mr. Young:
QUESTION
With reference to Article 4.5 (commencing with
Section 21690.5) of Chapter 4 of Part 1 of Division 9 of the
Public Utilities Code, relating to the making of exclusive
~m~nts by o erators of public airports, and to S~nate Bill
re~ta~L"'on of taxicabs, Y _ al
would apply.
OPINION
Neither Article 4.5 nor S.B. 944 would eliminate the
application of federal antitrust laws to the local governments
concerned.
ANALYSIS
Article 4.5 (commencing with Section 21690.5) of
Chapter 4 of Part 1 of Division 9 of the Public Utilities Code
was added by Chapter 767 of the Statutes of 1982. Article 4.5
states certain legislative findings and declarations concerning
the necesnitY and importance of the state's publicly owned and
operated nitports to tourism and commerce and affirming their
operation as a governmental function of political subdivisions of
the state, including charter cities (Secs- 21690j5, 21690.6,
Honorable Bruce Young - P. 2 - #13706
F.U.C.)- These provisions direct the operators of these airports
to operate the facilities and grant concessions in furtherance of
agreements to displace bus~ness era~or determines this necessary
monopoly service whenever the op -
in the fulfillment of these objectives (Secs. 21690-7, 21690.8,
p.U.C.)- These provisions also specify standards to guide an
operator's determination whether to enter into any exclusive or
limited agreement, including public safety and convenience,
quality of service, the need to conserve airport space and avoid
duplication of services, the impact on the airport's facilities,
and the need to avoid destructive competition (Sec. 21690.9,
p.U.C.). The act enacting these provisions also states that its
purpose is to comply with (Community Communications Co. v.
Boulder, 70 L. Ed. 2d 810 (Sec. 3, Ch. 767, Stars- ~2)).
In this connection, it is to be noted that the State of
California itself operates no airports, but may do so (see
Sec. 21631, p.U.C.).
S.B. 944 contains legislative findinas and declarations
~m~+~e~ to the welfare and economy 6f the state of safe
on the -., r
and reliable taxicab service, and that the regu~n~ ..... 1 d
privately operated taxicab service is an essential governmenta
function (Sec. 1 of S.B. 944). The bill directs every county an
city to adopt an ordinance or resolution with respect to
respecting taxicab service within its jurisdiction, specifying
that the city or county shall in this regard provide for, among
other things, a policy for entry into the taxicab business and
the establishment or registration of rates for taxi service
(proposed Sec. 53075, Gov. C., Sec. 2 of S.B. 944]- S.B- 944
e '=ically ~rect, and neither does it prohibit, a
does not sp,c~ .... '
local government to issue an exclusive franchise or otherwise
engage in any anticompetitive activity.
With respect to local regulation of taxicab service
and County o__f San Francisco, 92 Cal. Ap~.~13, is in point.
under existing law, the case of people ex r~l Freitas v-
In that case, the issue was raised as to whether the city an
county had any authority to regulate taxicab service in view of
the constitutional provisions relating to public utilities- The
court decided, at the outset that taxicabc and their owners are
.... . ub'ect to control by the Legislature within
Honorable Bruce Young - p. 3 - #13706
The court, after reviewing present and former Provisions
of the California Constitution, determined that there was nothing
to prevent local regulation of taxicabs so long as this was
specifically authorized by the Legislature. In this regard, the
court discussed the Passenger Charter-Party Carriers' Act (Ch. 8
(commencina with Sac. 5351), Div. 2, P.U.C.), which subjects
these carriers to regulation by the commission and defines a
charter-party carrier of passengers as "every person engaged in
the transportation of persons by motor vehicle for compensation,
whether in common or contract carriage, over any public highway
in this state" (Sec. 5360, P.U.C.) with certain exceptions. One
of these exceptions is taxicab transportation service licensed
and regulated by a city or county, by ordinance or resolution,
rendered ~n vehicles designed for carrying not more than eight
persons excluding the driver (subd. (g), Sec. 5353, P.U.C.). The
court stated that, under these Provisions, the Legislature has
removed taxicabs from regulation by the commission if they are
already licensed and regulated by a city, thereby approving and
providing for local regulation of taxicabs. The court concluded
in this case that San Francisco is permitted to regulate taxicabs
(92 Cal. App. 3d at p. 923). The court further found that this
permitted local regulation included the power to set taxicab
rates (92 Cal. App. 3d at pp. 923-924) and that, until the
Legis!aturc sees fit to act in the matter, local regulation of
taxicabs applies even to those taxicabs that operate occasionally
or even frecuently beyond the limits of the regulating local
jurisdictio~ (92 Cal. App. 3d at p. 925).
Thus, the authority of a local government to regulate
the operations of taxicabs is clearly established by People ex
Fel. Freitas v. City and County of San Francisco, supra, altFaugh
existing law does not' ~andate lo~l'governments to so regulate
and, like S.B. 944, i silent on their authority to issue
monopoly taxi franchises or otherwise operate in a manner which
would, without that authorization be contrary to the antitrust
laws. '
In considering the aPPlicability of federal antitrust
laws (specifically, the Sherman Antitrust Act (15 U.S.C.A. Sec. 1
et seq.)) to local governments and subdivisions of the state, it
is necessary to consider a line of United States Supreme Court
cases, co~unencing with Parker v. B_rown, 87 L. Ed. 315.
In Parker, the court dealt with a statutory regulatory
.scheme in which agricultural cooperatives were organized directly
by the State of California for the purpose of restricting
competition among the growers of agricultural commodities to
maintain Drices of those commodities to packers. Specifically
involved ~.n the case was a seasonal proration marketing program
Honorable Bruce Young - p. 4 - #13706'
for raisins, a program which prevented the plaintiffs:from freely
marketing their 1940 crop. These marketing restrictions, it was
asserted, were in restraint of trade in violation of the Sherman
Act. In upholding the California statutory plan, the court .
assumed that the program would have violated the Sherman Act if
organized and made effective solely by virtue of a contract,
combination, or conspiracy of private persons. However, the
court found that the program derived its authority and efficacy
from the legislative mandate of the state, and that the antitrust
laws were not intended by Congress to interfere with the
sovereign powers of the states. In this respect, the court
stated:
". - · We find nothing in the language
of the Sherman Act or in its history which
suggests that its purpose was to restrain a
state or its officers or agents from
activities directed by its legislature. In a
dual system of government in which, under the
Constitution, the states are sovereign, save
only as Congress may constitutionally subtract
from their authority, an unexpressed purpose
to nullify a state's control over its officers
and agents is not lightly to be attributed to
cAngress." (87 L. Ed. at p. 326; see, also,
~Zbrel v. Kentucky Bd. of Dentistry, 689 Fed.
2d 612, 616.)
In Parker, although the combination involved private
indi,&~duals, it was formed under the authority and direction of
state 'taw for the purpose of advancing a state economic program
and, ~¢nsequently, was state action. Thus was established the
"state action" exception to the antitrust laws (Pueblo Aircraft
Serv~,~ v. City o__f .~ue'_L~, Colo., 679 Fed. 2d 805, 810).
In Lafayette v. Louisian~ ~ower & Light Co., 55"L. Ed.
2d 364, the City of Lafayette, Louis~'I~,'opera6e~ a municipal
e]J~'4~cal utility which furnished electricity not only within
its -l~indaries but also outside the city limits as a business for
a pro ~.t in competition with the privately owned electric utility
which :.rought an action alleging violation of the Sherman Act.
The ci:y claimed its activities were exempt under the Parker
"state action" doctrine. The court, however, concluded that
cities are not exempt from the antitrust laws merely because of
their ~tatus as governmental bodies and that the Parker exemption
is a~.~ed a city which is not exercising the sovereign powers of
the ~lte. It could not be shown, in this case, that the
Lou~,%~,~lnn Legislature had contemplated the anticompetitive
%-~ in question (55 L. Ed. 2d at pp. 373,383; see Gold Cross
Honorable Bruce Young - p. 5 - #13706
Ambulance v. City o__f Kansas City, 538 F. Supp. 956,963; Limeco,
Inc. v. Div. of Lime of Mississippi, ~tc., 546 F. Supp. 868,870;
and Pueblo Ai[raft S~vice v. City of Pueblo, Colo., supra,
p. 809).
In reaching its decision, the court in Lafayette
discussed an earlier United States Supreme Court case in which
certain anticompetitive activity by a subdivision of a state was
upheld as not in violation of the antitrust laws. The court
stated that it emphasized, in its opinion in that case, the
significance to its conclusion of the fact that the state policy
requiring the anticompetitive activity was a part of a
comprehensive regulatory system which was clearly articulated and
affirmatively expressed as state policy, and that the state
policy in this regard was actively supervised by the state as the
policymaker (55 L. Ed. 2d at p. 381).
The United States Supreme Court further refined ~he
scope and extent of the "state action" exception in Community
Communications Co. v. Boulder, supra. In this case, the City of
Boulder, Colorado, adopted an ordinance which served to
temoorarilv prohibit the petitioner a cable television company
which operated in Boulder on a none~clusive basis, from expanding
its cable operations. Boulder is a "home rule" city having broad
powers of self-government in municipal matters under Colorado law
similar to charter cities in California under provisions of the
California Constitution (Secs. 3 and 5, Art. XI, Calo Const.),
and the city pointed to these "home rule" provisions as its
legislative authorization for its anticompetitive activity. The
court stated that Boulder's moratorium ordinance cannot be exempt
from antitrust scrutiny unless it constitutes the action of the
State of Colorado itse~'i' in its sovereign capacity under Parker,
or unless it constitutes municipal action i~ furtherance or
implementation of clearly articulated and ~ffirmatively expressed
state policy within the meaning of Lafayette (70 L. Ed. 2d at
p. 819).
The court found that these "home rule" provisions relied
0n by Boulder indicated only a state position of neutrality with
respect to the municipal actions challenged as anticompetitive-
The court declared that a state which allows its municipalities
to do as they please can hardly be said to have contemplated the
specific anticompetitive actions for which municipal liability is
sought, and that under these circumstances there is no
interact]on of state and local regulation but only the action or
exercise of authority by the city (70 L. Ed. at p. 821; see Gol~
Cross Ambulance v. City of Kansas City, supra, pp. 963-964).
Honorable Bruce Young -.p. 6 - #13706
The Lafayette and Boulder cases involved activities
challenged under the Sherman Act which were not authorized or
mandated by any specific state statute, and in each case the
challenge was sustained on that basis. In California Liquor
Dealers v. Midcal Aluminum, 63 L. Ed. 2d 233, the court
considered a California statute under which all wine producers,
wholesalers, and rectifiers were requiredto file fair trade
contracts or price schedules with the state. If a wine producer
had not then set prices through such a fair trade contract,
wholesalers were nonetheless required to post a resale price
schedule for that producer's brand. Under the statutory scheme,
no state licensed wine merchant could sell wine to a retailer at
other than the price set either in an effective price schedule or
in an effective fair trade contract. After reviewing several
cases, the'court found that these decisions establish two
standards for antitrust immunity under Parker. First, the
challenged restraint must be one clearly articulated and
affirmatively expressed as state policy; and, second, the policy
must be actively supervised by the state itself. The court, in
holding the plan in question to violate the Sherman Act as
illegally restraining trade through resale price maintenance,
went on to say, in this connection:
"The California system for wine pricing
satisfies the first standard. The legislative
policy is forthrightly stated and clear in its
purpose to permit resale price maintenance.
The progra~.~, however, does not meet the second
requirement for Parker immunity. The State
simply authorizes price-setting and enforces
the prices established by private parties.
The State neither establishes prices nor
reviews the reaso--bleness of the price
schedul~; nor doe~ it regulate the terms of
fair trade contracts. The State does not
monitor market conditions or engage in any
'pointed reexamination' of the program.
[Footnote omitted.] The national policy in
favor of competition cannot be thwarted by
casting such a gauzy cloak of state
involvement over what is essentially a private
price-fixing arrangement. As Parker teaches,
'a state does not give immunity to those who
violate the Sherman Act by authorizing them to
violate it, or by declaring that their action
is ].awful. . .'" [Citation omitted.]
(63 L. Ed. 2a at p. 243.)
Honorable Bruce Young - p. 7 - #13706
Thus, the state action.exemption of Parker does not
extend to subdivisions of a state simply by reason of their
status as such (see Ronwin v. ~ate Bar of Arizona, 686 Fed. 2d
692,697), and where the actions in question are those of a
nonsovereign subdivision of a state, those actions, to be exempt
under antitrust, must be pursuant to a clear state policy which
is actively supervised by the state; that is, the sovereign
(Euster v. Eagle Downs Racing Ass'n., 677 Fed. 2d 992,'995;
Deak-Perera' Hawaii v. Department o__f Transp.,etc., 553 F. Supp.
976, 981).
It has been stated that the reasons behind the Parker
doctrine reflect the intention of Congress to embody in the
Sherman Act the federalism principle that the states possess a
significant measure of sovereignty under the United States
Constitution, and that at the root of the rule is the principle
that federalism permits the states to impose a regime of economic
regulation which is different from and inconsistent with the free
competition principle mandated by the antitrust laws (United
States v. American Tel. & Tel. Co___~., 552 F. Supp. 131,157). By
contrast, under our fede?al system, a local government or other
subdivision of a state does not possess sovereignty (All-American
Cab. Co. v. Metropolitan, etc~, 547 F~ Supp. 509~ ~ll~
Recent cases in lower federal courts involving antitrust
complaints against local governments carrying on anticompetitive
activities pursuant to state statutory authority have not been
consistent in their analyses of these situations under the rules
set down by the United States Supreme Court. In Gold Cross
Ambulance v. Ci___~of Kansas City, supra, a licensing arrangement
between the City o~'Kansas City, Missouri, and a single ambulance
operator giving it the exclusive authority to pick up ambulance
patients within the Ltv limits was upheld in an antitrust action
brought by ~ther operators denied city op~r.ating authority.
Missouri statutes authorized any city to provide a general
ambulance service, required ambulance operators to hOIda state '"
license, and specified that having the state license does not
obviate compliance with any city franchise requirements. The
court held that these statutes sufficiently authorize the
anticomp~titive activity in question and, further, provide for
state supervision in issuing, suspending, and revoking ambulance
licenses and inspecting ambulance vehicles, so that the city's
conduct of ambulance service is accomplished under the
authorization and direction of state policy (538 Fed. Supp. at
pp. 964,966-967). The court, in this case, analyzed the
situation in terms of the requirements laid down by the United
States Supreme Court that for the local government to be exempt
from antitrust, its actions must be pursuant to a clear state
policy which is actively supervised by the~ state.
Honorable Bruce Young - p. 8 - #13706
By contrast, in Pueblo Aircraft Service v. City of
Pueblo, ~olo., supra, the City of Pueblo, Colorado, operat'~d an
airport and required its concessionaires and lessees to purchase
aviation fuel from the city-operated facility at the airport.
The city's operation of the airport was pursuant to a state
statute authorizing cities to own and operate airports and
declaring this ownership and operation to be public, governmental
functions exercised for a public purpose and matters of public
necessity. The court held that the state by affirmative
legislative action granted the city an exemption from the
operation of federal antitrust laws by virtue of these statutory
provisions and contemplated the type of anticompetitive activity
complained of in the case (679 Fed. 2d at pp. 808-809). The
court in this case did not discuss the second requirement that,
in addition to a clear state policy, there must be active state
supervision of the anticompetitive conduct.
While it is not Possible to reconcile cases such as Gold
Cross Ambulance on the one hand and Pueblo Aircraft Sereice on
the other, due to the different analyses employed by the courts,
we think the rule has been made clear by the United States
Supreme Court that when a nonsovereign subdivision of a state,
such as a local government, engages in anticompetitive conduct,
it will be exempt from application of the antitrust laws only if
its activities are conducted pursuant to a clear state polic9 and
are subject to the active supervision of the state. Those United
States Supreme Court cases which did not discuss the requirement
of active supervision by the state (i.e., Lafayette and Boulder)
were decided on the basis of failure to satisfy the first
requirement that the cities' activities must have been conducted
pursuant to a clear state policy. In Midcal, by contrast, the
court found that even though the requirement of a clear state
policy was met, the a~ditional requirement of supervision by the
state was
Turning now to the two situations"whichare the subject
of the question, we think that. under the rules discussed above,
Article 4.5 presents a clear statement of state policy to the
effect that airport operators may engage in anticompetitive
conduct and monopolistic activities, but those provisions do not
provide for any supervision by the state and leave the decision
in this regard to the unfettered discretion of the airport
operator. Although Article 4.5 would probably meet the
requirements of the lower federal courts using the Pueblo
Aircraft Service analysis with its single requirement for a
statutory provision which contemplates the activity in question,
we think the rule is clear, as stated by the United States
Supreme Court, that there must be active state supervision in
addition to a clear state policy authorizing or directing the
conduct of the local government in question.
Honorable Bruce Young - p. 9 - #13706
S.B. 944, while containing legislative findings
concerning the importance of taxicab service to the state,
directs every city and county to regulate taxicab operations but
does not authorize or direct any monopolistic or anticompetitive
activities in this connection. On this basis, we think that any
anticompetitive conduct or monopolistic activity by a city or
county respecting taxicab service would not be exempt'from
antitrust scrutiny under the Lafayette and Boulder decisions,
since only general authority to regulate taxicab service is
provided both by the bill and by existing law.
We conclude that neither Article 4.5 nor S.B. 944 would
eliminate the application of federal antitrust laws to the local
governments concerned.
Very truly yours,
Bion M. Gregory
Legislative Counsel
Jo.~Fo.ssette ~.=
Deputy Legislative Counsel
JF:jdg
Two copies to Honorable John F, Foran,
pursuant to Joint Rule 34,
PETITION FOR REDRESS OF GRIEVANCES
We the residents of the 11500 block of Mount Baldwin Court in the City of Rancho
Cucamonga, County of San Bernardino, State of California; and as CITIZENS OF THE
UNITED STATES OF AMERICA are hereby petitioning the following City and County
Government officials in order to have our grievances redressed:
2.
3.
4.
5.
6.
7.
8.
9.
William J. Alexander, Mayor of Rancho Cucamonga.
James V. Curatalo, Concilmember, City of Rancho Cucamonga.
Rex Guiterrez, Councilmember, City of Rancho Cucamonga.
Diane Williams, Councilmember, City of Rancho Cucamonga.
Paul Biane, Councilmember, City of Rancho Cucamonga.
Jack Lam, City Manager, City of Rancho Cucamonga.
Gary Penrod, Sheriff, County of San Bernardino.
Ron Bieberdorf, Captain, Rancho Cucamonga Police Dept.
Dennis Stout, District Attorney, San Bernardino County.
COMPLAINT ISSUES
On or about February 10, 1995, in the late evening hours, a resident of Mount Baldwin
Court called the Rancho Cucamonga Police Department to report a felony in progress
(Possible Grand Theft Auto). The resident, Deborah Williams, of 11528 Mount Baldwin
Court, was told by the police dispatcher that the police response will be delayed because
they were in the middle of a 'shift change." As a direct result of the Sheriff
Department's inability to provide prompt police service, another neighbor (Quinton J.
Murphy) was forced to intervene which resulted in the discharge of a firearm.
We demand that the circumstances and events leading to the arrest of Quinton Joe
Murphy of 11525 Mount Baldwin Court (Police Case No. 11901927) be thoroughly
investigated by the above mentioned parties. We believe that the arrest and pending
prosecution of Mr. Murphy is unjust. Mr. Murphy was doing his civic duty in
attempting to stop a felony violation of our state statutes. Unfortunately, the real
perpetrators in this case are not being charged with a crime, while Mr. Murphy is
charged with a felony.
We question the ability of the San Bernardino County Sheriff's Department to provide
safe and competent police services to the residents of the City of Rancho Cucamonga.
We believe that as a result of the San Bernardino County Sheriff's Department's failure
to provide a rapid response to an urgent situation, Mr. Murphy is now being charged with
a crime.
We have reason to believe that the official police report submitted to the San Bernardino
County District Attorney's Office by Deputy Parnell, who was the investigating officer
at the scene, is not an accurate portrayal of the events that occur on the night of February
10, 1995. We believe that Deputy Parnell did not conduct an objective thorough
investigation. We certainly question his judgement and competency as a member of the
San Bernardino County Sheriff's Department.
We request that the members of the Rancho Cucamonga City Council and the Office of
the Sheriff investigate this matter. Upon completion of their investigation, we ask that
they meet with representatives of our neighborhood public safety coalition to discuss their
findings.
PETITIONERS
Robert L. Williams, (Retired Deputy Sheriff)
Deborah Williams, (College Professor)
11528 Mount Baldwin Court
Rancho Cucamonga, CA 91737
Signature:
, Date:
, Date:
s
Jose Martinez, (Daily Bulletin)
Mary Ma/'tinez, (Account Administrator)
11523 Mount Baldwin Court
Rancho Cucamonga, CA 91737
sig,,at~e: '772 a~/7)Ct,Z~'rc~ , Date: .,q- i5- qS"'
Signatu~, ~ .Y'c'x %Date: ~ -/,5"- ~',.,c--
,
,
Terry Keavney, (Teacher)
Barbara Keavney, (Teacher)
11541 Mount Baldwin Court
Signature_ o L3
Carl Bailey, (Social Worker)
Pamela Bailey, (Library Manager)
11551 Mount Baldwin Court
Signature:,_ ~ / "/; "
, Date:
, Date:
Samuel Gonzalez, (Production Manager)
Michelle Gonzalez, (Control Assistant)
11536 Mount Baldwin Court
Rancho Cucamonga, CA 91737
Signature:
Signature:
, Date:
, Date:
,
Maurice Rainey, (Aircraft Inspector)
Angenette Rainey, (Aircraft Inspector)
,
,
11542 Mount Baldwin Court
Rancho Cucamonga, CA 91737
Signature: ;
Daniel Keesey, (Manager)
Tammy Keesey, (Housewife)
11529 Mount Bald in Court
I
Rancho Cucam , CA 9 737 t
·
Marlin Steverson, (Salesperson)
Patricia Steverson, (Salesperson)
11522 Mount Baldwin Court
Rancho Cucamonga, CA 91737
Signature:
Signature:
Louis Munoz, (Budget Manager)
Joy Munoz, (Information Specialist)
11548 Mount Baldwin Court
Rancho Cucamonga, CA 91737
, Date:
, Date:
, Date:/A~_E~J~ /~',
, Date:
, Date:
Signamre'~,~,~;/' ~'Z~ '
Signamre:~
, Date:
, Date:
George Rivera, Coalition Secretary
, Date:
cc: G. Penrod
D. Stout
Comcast Cablevision
1205 Dupont Street
Ontario, CA 91761
(909) 988-8322
( COMCAST®
March 15, 1995
The Honorable Mayor, City Council and Staff:
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We'll be on time for your service/repair call or,
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days from time of order or, we'll credit your account $20.
We'll resolve your service problems within 2 working days or,
we'll credit your account $20.
We'll respond to any billing dispute within 2 working days or,
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Manager of Public Affairs and Programming