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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 PAGE , o , , o 10. 11. 12. 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. 13 19 22 24 26 28 30 36 38 39 40 14. 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 PAGE 3 43 46 47 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. PAGE 4 50 64 69 City Council Agenda March 15, 1995 PAGE 5 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: .:, I I I · III · I · I · · · I I I 1'21 Z :::) 4~ O~Zcic~r,J*4,J ,4 e'r De-4 UJu,)2:uJvl j ~Z~ ilZQ · ~ % Z ,i ~-~ ! · · C:) 0 V V · ~ ~ · · ~1,-| · I · · · l · · · · · · · l · · · · · l · · · · · · · · ~l · ~1 · I · lel I~1 ~1~1 %1 · %1=1 · · ~1 · · · 141 · · · I · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · I~1 · · · · · · · · · · · · · · · · · · · · · · · · I| · · · · II · · · · II · · · · · · · · · · · · · · · · I I I~1 · · · 2: wl W · · ,J t- 41, 'l' 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: I'm writing to tell you about an important new commitment to customer service and satisfaction being made by Corncast 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'll 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'!! 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'!! 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