HomeMy WebLinkAbout1977/12/07 - Agenda PacketI Or
December 2, 1977
CITY OF RANCHO CUCAMONOA
^TTY COUNCIL MINUTES •�
.I
CALL TO r%ER A special meeting of the City Council was haid
at Alta Loma 1119h School, 88110 Base Lino Road,
Alta Lama, on Pridi,y, December 2, 1977.
Councilman Schlosser wau named as Temporary
Chairman by Attornoy Samuel Crewe.
The mooting wan called to order at 7100 p.m. by
Temporary Chairman Schlosser.
The invocation was offored by Mr. Doug Mean.
ROLL CALL There was a recital of notioo of the mooting
!allowed by roli call.
P47ESENTi Council members James C. Frost, Jon D.
Mikels, Phillip D. Schloasur, Char:os
A. West.
11. K. Bunter, Attorneys' Samuel Crows,
Robert E. Doughorty and Edward A.
Hopson.
ABSENTt Councilman Michael Palcmbo.
OATH OF OFFICE All the Councilman had been officially sworn in
earlier in the day by Jack Carr, San Bernardino
County's Assistant Registrar of Voters, in the
office of Supervisor Kamansky, in the County
building at 325 East C Street, Ontario.
ELECTION OF Temporary Chairman Schlosser entertained a motion
MAYOR AND to elect the Mayor and the Mayor Pro Tem.
MAYOR PRO TEM
Motion: Councilman Mikole made a motion, seconded
by WOwt, and carried unanimously, to elect the
Mayor and the Mayos
or Pro Tom in one block, and to
elect Councilman Frt aw Mayor anti Councilman
Wart as Mayor Pro Tom.
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RESOLUTION NO. 77 -1
RESOLUTION OF TILL' CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA APPOINTING THE ACTING
CITY CLERK
was read appointing 11. K. Hunter as Acting City Clark.
o �iono Moved by Schlosser, seconded by West, and
unanimously carried to adapt said Resolution No. 77 -1.
OATH OF OFFICE The Oath Of Office was administered by Attorney
Samuel Crowe to Acting City Clark 11. K. hunter,
RESOLUTION NO. 77 -2
RESOLUTION OF TIM CITY COUNCIL Ok TIM CITY
OF RANCI) CUGIMONGA APPOINTING THE INTERIM
CITY ATTORNEY
being a rosolution appointing Samuel Crewe as
Interim City Attorney and Robert E. Dougherty and
Edward A. Hopson Assistants to the Interim city
Attorney, and fixing compensation.
was road by title only (Complete text in Rosolu-
tion Book).
Moved by West, Seconded by Schlosser, and unani-
mously carried Lo waive further reading.
Motions Moved by West, seconded by Schlosser,
and unanimously carried to adopt said Resolution
No. 77 -2.
OATH OF OFFICE The oath of office was administered by H. K. Hunter
to the Interim City Attorney Samuel Crowe and
Assistants Robert E. Dougherty and Edward A. Hopson.
ORDINANCE NO. 1
AN ORDINANCE OF THE CITY OF RANCHO CUCA-
MONGA ADOPTING THE SAN BERNARDINO COUNTY
CODE AND OTHER RELEVANT NONCODIFIED SAN
BERNARDINO COUNTY ORDINANCES AS CITY OR-
DINANCES ^OR A PERIOD OF ONE HUNDRED
TWENTY DAYS AND PROVIDING FOR ITS ADOP-
TION AS AN URGENCY ORDINANCE
being an ordinance to adopt all relevant County
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ordinances as City ordinances for a period of
120 days, as required by State Jew, is introduced
as an urgency measure and is given first and
final reading.
was read by title only.
Moved by Schlossar, seconded by Mikels, and unani-
mously carried to waive further reading.
Motion: Moved by Schlosser, seconded by Mikelo,
to adopt said Urgency Ordinance No. 1. The mction
carried upon the following roll call votes
AYES: Council members Mikels, Schlosser,
Nest: Mayor Frost.
NOES: None.
ABSENT: Palombo.
ARRIVAL OF Councilman Palombo arrived at 7:15 p.m.
COUNCILMAN
PALOMBO
ORDINANCE NO. 2
AN ORDINANCE OF THE CITY OF RANCHO CUCA-
MONGA CREATING AND ESTABLISHING THE OFFICE
OF CITY MANAGER, DEFINING THE DUTIES AND
POW7'RS THEREOF AND PROVIDING COMPENSATION
THEREFOR. AND PROVIDINO FOR ITS ADOPTION AS
AN URGENCY ORDINANCE
being an ordinance establisl,ing the office of City
Manager and defining the powers and duties of the
office is introduced as an urgency mersuro and is
given first and final reading.
was read by title only.
Moved by Mikels, seconded by West, and unanimcusl_y
carried to waive further reading.
Motion: Moved by Schlosser, seconded by West, to
adopt said Urgency Ordinance No. 2. The motion
carried upon the following roll call vote:
AYES: Council members Palombo, Schlosser,
West, Mikola: Mayor Frost.
NOES: None.
ABSENT: None.
RESOLUTION NO. 77 -3
RESOLUTION OF TIM CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA APPOINTING AN INTERIM '
CITY MANAGER
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being a resolution appointing HH. K. Hunter Interim
City Manager and fixing compensation
was road in its entirety.
Motion: Moved by Schloaser, seconded by Mikels,
and unanimously carried to adopt said Resolution
No. 77 -3.
ORDINANCE NO. 3
AN ORDINANCE OF THB CITY OF RANCHO CUCA-
MONGA ESTABLISHING A SPECIAL GAS TAX STREET
IMPROVEMENT FUND IN THE CITY 02 RANCHO
CUCAMONGA AND DECIARING THE URGENCY THEREOF
was read by title only.
Moved by Wont, seconded by Schlosser, and unani-
mously carried to waive further reading.
Motion: Moved by West, seconded by Palombo, to
adopt said Urgency Ordinance No. 3. The motion
carried upon the following roll call vote:
AYES: Council members Schlosser, West,
Mikels, Palombo: Mayor Frost.
NOES: None.
ABSENT: Nona.
RESOLUTION NO. 77 -4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ESTABLISHING A SELECT SYSTEM OF STREETS
was read by title only. (Complete text in Reso-
lution Book.)
Moved by Schlosser, seconded by West, and unani-
mously carried to waive further reading.
Motion: Moved by Schlosser, seconded by Palombo,
and unanimously carried to adopt said Resolution
No. 77 -4.
ORDINANCE NO. 4
AN ORDINANCE OF THE CITY OF RANCHO CUCA-
MONGA RELATIVE TO THE LOCATION OF REGULAR
MEETINGS OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA AND PROVIDING FOR ITS
ADOPTION AS AN URGENCY ORDINANCE
s
being an ordinance establishing the community
Service :uilding, 9161 Base Line Road, Rancho
Cucamonga, as the place for regular meetings
of City council firstsdc final reading
,vas read by title only.
Moved by Mikela, seconded by Schlosser, and unani-
mouoly carried to waive furttor reading.
Motion: Moved by PalamtO, seconded by Schlosser,
Cc adopt 'said Urgency Ordinance No. 4. The motion
carried upcn the following roil call vote:
AYES: Council members Went, Michel",
Palumbo, Schlosser: mayor
NOES: None.
AI,SEhT: Nona.
RESOLUTION NO. 77 -5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY TIME OF DETERMINING ffMEETINGSTJ
being a resolution determining the first and third
Wednesdays of each month at
ourtcil 1p.m. as the day
and time of regular City
was read in its entirety.
Motions Moved by Palumbo. seconded by Schlosser,
and carried unanimously to adept said Resolution
No. 77 -5.
RESOLUTION NO. 77-6
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCNO CUCANONGA RFAUIRING BOSTINU
OF INSPUBLISHEOD REQUIRED
on POSTED
BY LAW TO BE
was read in its entirety.
Motion. : Moved by West, seconded by Schlosser and
cair ad unanimously to adopt paid Resolution No. 77 -6.
RESOLUTION No. 77 -7
A RESOLUTION of THE CITY COUNCIL OF THE
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CITY OF RANCHO CUCAMONGA ESTABLISHING
PUBLIC PLACES FOR POSTING OF CITY
ORDINANCES AND PUBLIC NOTICES
being a resolution designating the United States
Post Offices, Alta Loma, Cucamonga and Etiwanda
Branches, as official posting places
was read in its entirety,
Motion: Moved by Palombo, seconded by Schlosser,
and carried unanimously to adopt said Resolution
No. 77 -7.
RESOLUTION NO, 77 -8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA ESTABLISHING AN
ADDRESS FOR THE RECEIPT OF THE UNITED
STATES MAIL
being a resolution establishing Post office Box
No. 793, Rancho Cucamonga, California 91730, an
the mailing address of the City
was read by title only (complete text in Resolu-
tion Book).
Moved by West, seconded by Mikols, and unanimously
carried to waive further reading.
Motion: Moved by West, seconded by Palombo, and
unanimously carried to adopt Resolution No. 77 -8.
RESOLUTION NO. 77 -9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA AUTHORIZING MAYOR AND CITY
CLERK TO PREPARE, EXECUTE AND PILE THE STATE-
MENT OF BOUNDARY CREATION REQUIRED BY SECTION
54900 OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA AND ORDERING THE UTILIZATION OF THE
REGULAR COUNTY ASSESSMENT ROLE AND SPECIFYING
THAT AFFECTED PROPERTY WILL BE TAXED FOR ANY
EXISTING BONDED INDEBTEDNESS OR CONTRACTUAL
OBLIGATIONS
was road by title only (complete text in Resolution
Book).
Moved by West, seconded by Schlosser, and unani-
mously carried to waive further reading.
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Motion: Moved by Schlosser, seconded by Falombo
and unanimously carried to adopt said Resolution
110. 77 -).
RESOLUTION 110. 77 -10
A RESOLUTION OF THE CITY COUNCIL OF TILE
CITY OF RANCHO CUCAMONGA ADOPTING TILE
FORM OF TdE CITY SEAL
was read by title only (complete text In Resolution
Book).
Moved by Nest, seconded by Schlocser and unanimously
carrlc,d to waive further reading.
Motion: Moved by Schlosser, seconded by Mikels,
andunnnlmously carried to adopt said Resolution
No. 77 -10.
RESOLUTION 110. 77 -11
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA AUTHORIZING
PILING ON DOCUMENTS WITH STATE AND COUNTY
OFFICES AND OFFICERS
being a reuolut]on apnointinl, the Mayor, the City
Clerk and the Inturim City Attorney each as author-
ized agents for filing City d"umenta with State
and County officers
was read in its zntirety.
Motion: Moved by Palonbo, seconded by Neat and
cawed unanimously to adopt said Resolution No. 77 -11.
ORDINANCE H0. 5
AN ORDINANCE OF THE CITY OF RANCHO CUCA-
MONCA TRANSPERRING ASSESSMENT AND TAX
COLLECTION DUTIES TO TIN: COUNTY OF SAN
BERNARDINO A6SE5SOR AND TAX COLIWCTOR AND
PROVIDING FOR ITS ADOPTION AS AN URGENCY
OIDINANCE
being an ordinance transferring the duties of City
Assessor and Tax Collector to the Assessor and Tax
Collector of Sun Bernardino County, as permitted
by Government Code Section 51501, wzs introduced
as an urgency measure and was given first and final
reading
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was read by title only.
Moved by Schlosaer, seconded by Palombo and unan!-
moualy carried to waive further reading.
Motion: Moved by Mikels, se -onde' by Schlosser to
ad=up said Urgency Ordinance No. 5. The motion
carried upon the following roll call vote:
AYES: Council membore Mikels, Palombo,
Schlosser, West; Mayor Prost.
NOES: None.
ABSENT: None.
RESOLUTION NO._
A RESOLUTION OF T1`X CITY COUNCIL OF THE
C' " OP RANCHO CUCAAONGA APPOLNTING TILE
A - *10 CITY TEASURER
being a resolution appointing an Acting City Treasurer
for the City and providing for a surety bon!
Acting upon Interim City Manager's recommandation
to carry this item over to the next meeting the
Council pasoed the following notion:
Motion: Moved By Mikels, seconded by Palombo and
unan Rously carried to carry this Stem over to the
next meeting.
RESOLUTION NO. 77-12
A RESOLUTION OF TILE CITY COUNCIL OF TILE
CITY OF RANCHO CUCAMONGA APPROVING AND
ACCEPTING SURETY BONDS
was read in tto entirety.
Motion: Moved by Schlosser, seconded by West, and
carr ed unanimously to adopt Bald Rseolution Ito. 77 -J'?
RESOLUTION NO. 77 -13
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA APPROVING AND
ACCEPTING INSURANCE COVEItAOE
being a resolution accepting and approving a 60 -day
binder issued by Alilanz ?nsurance Company. Gonorax
Liability, Comprehensive, Personal Injury and ?ro-
perty Damage limits X1.000,000 each occurrence and
cb$1• 0,(+00 Aggregate. Automo�n Liability, Com-
v Personal Injury and Property Damage
ominedlimi$ , On ,L100
wag ny title only
Book). (complete text in Resolution
Moved mouolybcar:iod tocwaivo furthorossa and unnni-
endi ding.
Motion: Moved by palombo, seconded by Schlosser
unan mously carried to adupt amid Resolution Nu. and 77 -13.
RESOLUTION N0. 77_11!
A RESOLUTION OF THE CITY COUNCIL OF TILE CITY '
OF RANCHO CUCANONOA, CALIFORNIA, ADOPTING
THE STATL•' OF CALIFORNIA DISASTL'R AND CIVIL
DEFENSE MASTER 14UTUAL AID AGRL•'LZIENT
wag read in its entirety.
Motion: Moved by palombo, seconded by Mikels and
carr od unanimously to adopt said Resolution No. 77_14.
EESOLUTION 110. 77 -15
A RESOLUTION OF THE CITY COUNCIL OS' THE
CITY OF RANCHO CUCAMONOA APPOINTING THE
C1Q EF L;VOINEER OF THE FOOTIILLL FIRE PRO -
TL•C^ION DISTRICT AS THE CITY FIRE C}QEF
FOR THE CITY OF RANCHO CUCA14ONGA
waa rand by title only
Hook). (complete text _.n HeeOlution
Moved by West, seconded by Schlosser and unanimously
carried to waive further reading.
Motion: Moved by Schlosser, seconded by palombo end
unan mously carried to adopt said Resolution No. 77 -15.
RESOLUTION NO. 77_16
A RESOLUTION
CITY OP THE CITY COUNCIL OF THE
JF INNCH0 CUCAMONGA APPOINTING THE
COUNTY SIIERIpP OF TILE COUNTY OF SAN DER-
..• NAHLINO AS THE CHIEF OF POLICE OF THE
y CITY OF RANC110 CUCAy.01lOA
r,7 was reed by tills only complete text In Resolution
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Book) .
Moved by West, seconded by Schlosser and unani-
mously carried to waive further reading.
Motion: Moved by Palombo, seconded by Wont and
unmously carried to adopt sold Revolution
No. 77 -16.
RESOLUTION NO. 77 -17
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA APPOINTING AN
ACTING SUPERINTENDENT OF STREETS, ACTING
CITY .INGINEER AND ACTING CITY PLANNING
DIRECTO^
being a renolution appointing the San Bernardino
County Road Conmissionor as thi Acting Super-
intendent of Streets and Acting City Engineer,
and appointing the Planning Director of the County
as Acting Planning Director of the City, an per-
mitted by luw
was road by title only (Complete tact in Resolution
Book).
Moved Ly Mikels, seconded by Palombo and unani-
muusly carried to waive further reading.
Motion: Moved by West, seconded by Mlkols and
unan mounly carried to adopt said Resolution
No. 77 -17.
RESOLUTION NO. 77 -18
RESOLUTION OF THE RANCHO CUCAMONGA CITY
COUNCIL AUTHORIZING CONTRACT FOR DEPOSIT
OF MONIES WITH THE BANK OF AMERICA NATIONAL
TRUST AND SAVINGS ASSOCIATION ._
being u resolution designating the Bank ei America
National Trust and Savingu Association, Branch
56, 9719 Foothill Boulevard, Rancho Cucamonga,
California, as depository and authorizing Mayor
and City Manager to enter Into contract
was read by title only (complete text in Resolution
Book).
Moved by Wont, seconded Dy Schlosser, and unanimously
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carried to waive further reading.
Motion: Moved by Schlosser, seconded by Mikels
an unanimously carried to adopt said Resolution
No. 77-18.
RESOLUTION NO. 77 -19
A RESOLUTION OF THE RANCHO CUCAMONGA
CITY COUNCIL ESTABLISI[INO A " ?E71TY
CASH" FUND
being a resolution establishing a petty cash fund
of :100 in the office of the City Manager
was read in its entirety.
Motion: Moved by Palombo, seconded by Mikels, and
carr od unanimously to adopt said Resolution No. 77 -19.
RESOLUTION NO. 77 -20
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA ADOPTING A CON-
FLICT OF 1NTSREST CODE APPLICABLE TO THE
MFHBERS OF THE CITY COUNCIL PURSUANT TO
THE POLITICAL REFORM ACT OF 19711
was read by title only (complete text in Resolution
Book).
Moved by Palombo, seconded by West, and unani-
mously carried to waive further reading.
Motion: Moved by West, seconded by Palombo and
unanimously carried to adopt said Resolution
No. (7 -20.
RESOLUTION NO. 77 -21
A RESOLUTION OF THE CITY COUNCIL OF TILE
CITY OF RANCHO CUCAMONOA 1Lk4UESTIHO THE
CALIFORNIA ID:OIIWAY PATROI TO CONTINUE
TO PROVIDE TRAFFIC tNFORCV.IENT WITIQN
THE CITY
was read in its entirety upon Councilman Palambo's
request.
Motion: Moved by Palombo, seconded by Mikels and
;;'• enr red unanimously to adopt said Resolution No. 77 -21.
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RESOLUTION NO. 77 -22
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA REQUESTING CONTIIIUATICN
OF SERVICES BY THE COUNTY OF SAN BERHAPDINO
being a resolution requesting that the County of
:;nn Bernardino continue to provide, i:lthout ad-
ditional charge, all services furnished prior to
incorporation for the remainder of this fiscal
year
was read in its entirety.
Motion: Moved by Schlossor' seconded by Palombo
an - carried unanimously to adopt said Resolution
No. 77 -22.
ORDINANCE NO. 6
AN ORDINANCE OF THE CITY UP RAIICHO CUCA-
MONGA ESTABIISHINO A PEOCEDURE FOR T4E
PAYMENT OF CLAIMS AND DEMANDS AGAINST THE
CITY AND DECLARING THE URGENCY THEREOF
was read by title only.
Moved by Palombo, seconded by Schlosser and
unanimously carried to waive further reading.
Motion: Moved by Palombo, seconded by Mikels to
a opt said Urgency Ordinance No. G. The motion
carried upon the following roll call vote:
AYES: Council memt rs: Schlosser, Nest,
Mlkole, Palombo; Mayor Front.
NOES: None.
ABSENT: None.
ORDINANCE NO. 7
AN ORDINANCE OF THE CITY OF RANCHO CUCA-
MONGA AUTHORIZING THE LEVY ON A DOCUMENTARY
STAMP TAX AND PROVIDINO FOR ITS ADOPTION
AS AN UROEIICY ORDINANCE
beine an ordinance providing for the levy of a
tax of 27 i¢ per each $500 of cc.noideration of
value (less existing encumbrances) on each dead
or other instrument by which Lando in the City
are conveyed and providing a procedure for col-
lection, admInlatration and refunds is introduced
as an urgency measure and is given first and
final reading
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• s
was road by title only.
Moved by Palombo, seconded by Schlosser and unani-
mously carried to waive further reading.
Motion; Moved by Palombo, seconded by Schlosser
To—M-opt said Urgency Ordina;wco No. 7. The motion
carried upon the following roll call vote:
AYES: Council members: west, t•likels,
Palombo, Schlosueri Mayor Pros L.
NOES: None.
AUSEtIT: None.
ORDINANCE NO. 8
AN OtWIMANCE OF THE CITY COUNCIL OF THE
CITY OF RANCIIU CUCAMONCA ESTADLISIQNO A
PARK AND RECREATION TAX FOR NCN MIDEN-
TIAL DEVELOP14EJIT AND PROVIDIHU FOR THE
ADMINISTRATION, AMOUNTS AND CREDITS THEREOF,
REPEALING SAN DERNARUINO COUNTY ORDINANCE
NO. 212C, AND DPCLARLNG TILE URGENCY TILERiEOF
being an ordinance providing for the levy of a
tax on new residential cw:atruction for which
a building permit in hereafter Loused in the
amount of $300 for each single fmuily dwelling
unit, $180 for each multiple dwelling unit end
$150 for cacti mobile home unit, providing for the
purpose of the tax and providing a procedure fur
collection, adminietra+,lon, refund and credita is
introduced as an urgency measure and Ls given first
and final reading
was recd by title only.
Moved by Schlosser, seconded by Palombo and unani-
mpust,/ carrion to waive further reading.
Notion: Moved by Palombo, seconded by Schlosser
to a:opt said Urgency Ordinance No. H. The action
carded upon the following roll call vote;
AYES: Council members Mikels, Palombo,
Schlosser, Best; Mayor Frost.
HOES; None.
AS3EHT: Hone.
ELECTION OF Councilman went moved the Mayor as representative
$AhiM1'(IIII- of SAIIDAG and Omnitrans.
TRAP3 in-
MUM= The Mayor roopectfuily declined.
0 •
Councilman West moved Schlosser no reprerentative
of SANBAG and Omnitrana, and Councilman Palombo
seconded.
Councilman Wert moved to eloso the nominations
and Councilman Palombo seconded.
Motion: Carried unanimously for Councilman Schlosser
To rva as representative of SAN U an cans.
Councilman West mot.ed Idlke Palombo as alternate
and Councilman Mikela seconded the motion.
Councilman Schlosser moved the nominations " rlosed
which was seconded by Councilman Mikela.
Mutton; Carried unanimously for Councilman Pulombo
To—snrvo as alternate.
RBCO1-U,IENDA- Councilman Schlonser moved to accapt Interim City
'1IMrTUN7f.N Manager ll. K. Hunter's recommendation that he be
_SZL�t;` -- authorized to sign a month to month lease with
Graydon Murphy Oldsmoolle Agency for a used 1976
K Oldsmobile Cutlasc. There to an additional $10 pe-
month to cover collision arid comprehensive inautanre
--oversee other thr.n liability, which is handled in
the General City liability policy. Motion seconded
by Councilman West.
f
u ll.tlon: Carried unanimously.
RESOLUTION NO. 77 -23
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA ESPABLISHINO A
DEADLINE FOR FILING OF ITEMS TO BE PRE-
SENTED AT REGULAR CITY COUNCIL MEETINGS
was read in its entirety.
Ho Lion: Moved by Palombo, seconded by Schlosser
anTnrried unanimously to adopt said Resolution
No. 17 -23.
FIELD M.P. hill Dan Vubser presented lnformatiun stating that
S 'ct SUi owners of ela;11L tracts In the Rancho Cucamonga
arau have gained an extontion of time before
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ydr: i d
the San Bernardino County Planning Commission.
ADJOURNRF,,JJT Councilman West made a motion to adjourn and
Councilman Schlosser seconded.
Notion: Motion paused unanimously to adjourn.
BettyyHazeltor.
Helper to Acting City Clerk
t -t5-
r rest,
SAN GOOOYnH
hg��A
`RE�RDINO
CARL [,R Offxw �
COUNTY ADMINISTRATIVE OFFICE
C".1v mvk eu" [M
137 WM Fifths~
en e11141 "1825
17N17U•Ipe
December 2, 1977
Robert Dougherty, Attorney
Covington and Crowe
1047 West Sixth Street
Ontario, California
eP„a a eunevuo,s
GYiQT
Dim,
1WmaTw.aw.q Qr+.
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Enclosed is the Sales. And Use Tax Ordinance information
I requested from the State Hoard of ljualization. The
cover letter explains the necessary procedures and
gives you a reference person to call for assistance
as needed.
If I can be of any further help, please let me know.
LKenm
i�
Attachments
i
LYNN KIRK80FER f
Assistant County Administrative Officer
Fiscal Hanageman�;
ORDINANCE N0.
AN ORDINANCE IMPOSING A SALES AND USE TAX TO BE
ADMINISTERED BY THE STATE BOARD OF EQUALIZATION
AND PROVIDING PENALTIES FOR VIOLATIONS AND
PROVIDING FOR ITS ADOPTION AS AN URGENCY ORDINANCE
The City Council of the City of .BanchO Cueamonaa. CA. does ordain as fellows:
Section 1. SNORT TITLE. This Ordinance shall be known as the Uni(orn Local Sales and We Tax Winceee.
Section 2. RATE. I. So rate of sales tax and use tax imposed by this ordinance shall be It
Section 3. OPERATIVE DATE. This Ordinance shall be operative an _ January 1. 1978
Section d. PURPOSE. The City Council hereby declass that this ordinance Is adapted to aehisw the
following, among other, purposes, and directs that the provisions hereof be Interpreted in order to accomplish
those purposest
(o) To adapt u sales and use fax ordinance which complies with the requirement and Iimitatlana
contained In Pan 1.5 of Division 2 of the Revenue and Taxation Code
(b) L adopt a sales and use fox ordinance which Incorporates provisions Identical to these of the
Sales and Use Tax Law of the Stott of California Insofar as thou prm islans are not incansistent with the
requirements and limitations contained In Part 1.5 of Division 2 of tin Revenue and Taxotlan Code;
(a) TO adopt a salts and use tax Ordinance which imposes a tax and provides a measwo therefor that
can be administered and collected by the State Board of Equalization In a manner that adapts Itself as fully
as procticaSle to, and acquires the least possible deviation from the existing statutory and administrative
procedures followed by the Stott Beard of Equalization in administering mid collecting the California State
Soles,and Use Taxes;
(d) To adopt a sales end use tax Ordinance which can be odninistaed in a manner that will, to the
degree possible consistent with the povisions of Part 13 of Dbision 2 of the Revalue and Taxatian Code,
minimize the coal of collecting city sales and use tarn and at the same time minimise the burden of record
keeping upan persons subject to taxation under the provisions of this ordinance.
Section S. CONTRACT WITH STATE. Prior to the operative date this city shall contract with the State
Board Of'Equalieatian to perform all (unctions Incident to the administration mid operation of this valet and use
tan Ordinance; provided, that IF this city shall net have contracted with the State Board of Equalization prior to the
operative dote, It shall navtnh iless to contract and In such a case the operative date shall be the first day OF the
first calendar quarter following tit, eaeeutian of such a contract rather than the first day of the first calendar gcvuter
following the adoption of this Ordinance.
Section 6. SALES TAX. Fir the privilege of selling tangible personal property at retail a fox is hereby
Imposed upon all retailers in the city at the rate stated in Section 2 of the gross receipts OF the retailer from the
sale of all tangible personal property sold at retail in this city on and after the Operative date.
Section 7 PLACE OF SALE For the purposes of this ordlne:ce, all retail sales are cansummotad at the
place of business of the rttotier unless the tangible personal property sold Is delivered by tht retailer Or his agent
to a- aut.oGState destlewien or to a common carAer far delivery a an au••of•Stote destination. The gross receipts
fro- such sales shall ,icluds dtlrve-y charges, when such chcrges are subject to the State sales and use tax,
regardless of the place to which delivery Is made. Ir the event a retailer has no permanent Place of business in
the Stater or has more than one place of business, the piece a places at which the retail sales at catcummated
shall be determined under rules and regulations to be wosc•,bed and adopted by the State Board of Equalization.
R6V.?(IIJ.Ib .. ..�.. c•.. ..w�.......:d.t,w. -... .•...�. ....; a.d -.. ..e. are: a
sr
Section B. USE TAX. An 4e fox Is hereby Ion ;mod on the storage,+" Sillier consumption in this city
of tangible Personal properly purchased ham am/ retailer an God able the operative date for storage, use or other
consumption in this city at the rote stated in Section 2 of the sales pies Of this property The sales Pic* shall
include delivery charges when such chmgoo are subject to State sales Or use tax regardless of the place to which
delivery is mode.
Section 9. ADOPTION OF PROVISIONS OF STATE LAM. Except as otherwise provided In this Ordinance
and except Insofar as they are Incenslstent with the provisions of Part )S of Division 2 OF the Revenue and Taxa•
flan Code, all cf the provisions of Post 1 of Division 2 of the Revenue and Taxation Code are hereby adapted and
Wade a part of this ordinance as though filly set forth herein.
Section 10. LIMITATIONS ON ADOPTION CF STATE LAM. In adopting the provisions of Poe 1 of Division
2 of the Revenue and Taxation Code, whatever the State of California Is named "referred to as the toeing agency,
the name of this City shall be substituted Hard". The substitution, Imm ever, shall not be a ado when the wad
"State" is used as part of the title of the Stab Caotroller, the State Treasurer, The State Board of Control, the
State Board of Equalisation, the State Treasury, e• the Constitution of the State Of California, the substitution
Shall no be made when the result of that substitution would require action to be taken by or against the Cary, or
any agency thereof rather than by w against the State Board of Equaliwtien, in performing the functions Incident
to the administration or operation of this Ordinance; the substitution shall not be made In those sections, including,
but veer necessarily limited so, sections ""erring to the exterior boundaries of the State of California, where the
result of the substitution would be to provide an exemption from this fox with respect to certain sales, .tang" use
w other consumption of tangible pa oral popery which would net otherwise be exempt From t1.is tax while such
Sales, storage, use Or ether co, s,&"Plon remaln subject to tax by the State trod&, the provisions d Pan 1 of
Division 2 of the Revenue and Taxation Code, a to Impose this fox with,npect to cotoin sales, storage' use or
cth" consumption of tangible personal property which would no be subject to sax by the State und" the said
provisions of that Code; the substitution shall not be made in Sections 6701, 6702 !except in the last sentence
thereof), 6711, 6715, 6777, 6797 or 6828 of the Revenue and Taxation Code; and the substitution shall no be mode
for the wort "Stater In the phrase "retailer engaged in business in this State" In Section 6203 Or In IRS definition
of that phrase in Section 6207
S.ctran 11 PERMIT NOT RECUI ?ED If a sell&rrs permit has been "ssnd to a retodar unto Section 6%7
of the Revenue and Taxation Cade, an ccdiPanal seller's permit shall not be required by this ordinance.
Section 12. EXCLUSIONS AND EXEMPTIONS.
(a) The amount subject to tats shall not include any sales or use tax Imposed by the State of Colifar"a
upon a retailer Or consumer.
(b) The storage, use, Or other crosump!lon of tangible Prisons' property, the gross receipts from the
Sale of which have boon subject to tax under a sn'es and use tax ordinance enacted In accordance with
Pen 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, ce city in this
State shall be exempt from the tax thus wrier this Ordinance.
(c) There are exempted from oho camputatren of the ameum OF the $ales :ax the gross receipts from the
sale of tangible personal prapetty to operators of wot"b"ne vessels to be used or consumed principally
oviside the city In which thv sale is made and directly and exclusively in the carriage of persons Or Property
m n• vaseels I:, c,m.oemi purpas".
Idl The storage, use a other canwnpnon of tnng;b!e personal Freperty pwchcasd by operators of
woterborne vessels a +d used cr consumed by such operators directly and exclusively in the carriage of
oe••ant of pr••aerty i n•,ch vessels for comnerue' p.rpotes is exempted from the use tor.
e i ne•e ve + ore. _ r + computat.on d he :sew • :f ire sales rev 1, •.s, -ace pat Fr.,
•c• axle d • - -+ s "r ...... 11 c ^'n' "v •+ naerat"s of o..•. +It to be vsed Or consumed "wipol!Y outsde the
C if .n which the sere is made and !neatly and escius,vety in the ,nee OF such aueratr as carman earwn
ara••ry rise• '_" "ay f this +•sea, ihe U. to, Y_•vt sang laurr.-
yan•m�e +•
BT -627.A REY.7111.741 .2.
(f) in addition to tls eseeq%: -mss pwirwd In Sections 5366 and 63661 of tin, Revasr ova rvm.Tvo
Coda the storage. aN, o otirr eansueption of mnybM whore( fah p (sY o aFa<rwH
and used w emsoeed by such ap nuns d'aectly and exefuervefy bt the age of soda a(reaeFr asca®aw
emcees d pnsms a poperty for \ice w aaepenfation under a wrtifientr of pobfie GVnseniana as6eeos-
$fty issued pursuant to the laws of this stator, IF. United Stores, or or foreign gousreenn isosaepwB
leas the aw tax.
Section 13. AMENDMENTS. All ubsequent asw,dzans of dw Rovevtecd Teaetim Car,.Y.dnnfmrw
the soles and ass tom and which an, not ieeansistert rirb Part 13 of Di.W. 2 of On, Mrmnue sd'rawtea Cods
shall arneeottmliy become a pat of this eedhnows.
Section IA ENJOINR:O COLLECTION FORBIDDEN. No fnjuartlar or salt of eordar or ether Isgda
equitable paces shall issue in =1 wk, action Ce paceeding fa any raurr against tfir Starry 1ii's Guy; er
ogainst any offices of the State or tb s City, to presort v anima dv callectfon ondw tbis on Sono e. ar Faro AS of
Division 2 of the Re tae ad Tamtton Cede, of any tam or any amen of tmrm4and tabs calfec'af-
Seen.«" IS. PENALTIES. Any person alofating any of the pravlsians. of tfits snlhhahce sfida its deemed
guilty of a ers.4ssanor, and open canictim the ed stall be ponisleits by a fine OF na' eve tfoa S=W or Sy
icpi soneern for a mind of not ears than six aarobs, why bath such fire and ispAsaeuh�
Section 16. SEVERABILITY If any pra4sion of this vdLwnee or dr, applicativr tbvaaf wary pesonm
crrcuestance is bald iwalid, the rasoicder of the ardl a and the appltcalar of suit paufsim tt effar pvyms
or c.cuostasces shall not be off ctd thereby.
:»coon 17 EFFECTIVE DATE. ibis ordincom mining to fam fs the asuafad currav eaponses ofebe
City and hall mks effect iMogjWsly.
Section 18. URGENCY. The City of Rancho Cucamonga was facosparated
on November 22, 1977. It is necessary that the Cfty i— nedfately receitte
all revenues to which it is entitled in order to provide for the needs
of its residents at the earliest possible (fate. The City Ceuiraill
therefore determines and declares that the pubLfe peace, flea Urv, aatsty
and general welfare of the City require that thfs ordinance he adopted
as an urg -ncy ordinance to take effect Smtcediately.
PASSED, APPROVED AND ADOPTED this _ day of December, L977.
Ayes:
Noes:
Absent:
A-MST:
City C er .
tT02rs1:11CVr 241.140 :.v-:. o.+.
m�
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ijin.
ORDINANCE NO. -0
AN ORDINANCE IMPOSING A SALES AND USE TAX TO BE
ADMINISTERED BY THE STATE BOARD OF EQUALIZATION
AND PROVIDING PENALTIES FOR VIOLATIONS AND
PROVIDING FOR ITS ADOPTION AS AN URGENCY ORDINANCE
Thv City Council of the City of Rancho Cucamonga. CA. does ordain as follow i
Section 1. SHORT TITLE. This ordinance shall be known as the Uniform Local Sales and Use Tae Ordinance.
Section 2. RATE. The rate of sobs tax and use tax Imposed by this Ordinance shall be 11
Section 9. OPERATIVE DATE. This ordinance shall be operalive an January '1. 1978
Section 4. PURPOSE. The City Council hereby declares that this Ordinance Is adopted to achieve the
following, amang ether, purposes, and directs that the pearislons hereof he interpreted in order to accomplish
thaw purposeu
(a) To adopt a sobs and use tax ordinance which complies with the requtremenlx and limitations
contained in Pan I %of Division 2 of the Revenue and Taxation Codsi
(b) To adapt a sales and use tax Ordinance which Incorporates provisions identical to those of the
Sales and Use Tax Law of the State of California Insabr Ore thew prwislone ate net Inconsistent with the
requirements and limitations contained In Part 1.5 of Division 2 of the Revenue and Taxation Code,
(c) To adopt a soles and use tax Ordinance which linyaws a tax and provides a measure th*,afe that
can be administered and collected by the State timid Of Equalization in a monnet that adapt& Itself as fully
as practicable to, and requires the least possible deviation teem the existing statutory and administrative
procedures followed by the Stare Board of Equalization In edministrriCg and collecting the COHfotnio State
Sales,and Use Taws,
,d) To adopt a sales and use tax Ordinance which can be administered lit a manner that will, to the
degree possible consistent with the previsions of Pmt 1.5 of Division 2 of the Revenue and Taxation Code,
minimise the con of collecting city sales and use taxes and at the some time minimize the burden of record
keeping upon persons subject to taxation under the provisions OF this ordinance.
Section 5. CONTRACT WITH STATE. Prior to the operative date this city shall contract with the State
Board of Tgwlizmlon to perform all functions Incident to the administratlen and operation of this sales and use
tax ordinance; provided, that If this city shall not have cunnacted with the State Board of Equalization prlw to the
operotivu date, It shall nevertheless se contwet and In such a caw the operative date shall be the first day of the
first calendar quarter felicving the execolon of such a contract rather than the first day of the first calendar quarto
following the adoption of this ordinance.
Section 6. SALES TAX. For the privilege of selling tangible personal property at retail a tax Is hereby
Imposed upon all retailers in the city at the rare stated In Section 2 of the press receipts of the retailer from the
stile of all tangible personal property sold at recall In this city on and after the operative date.
Section 7 PLACE OF SALE For the purposes of this ordinance, all retail soles are consummated of the
place of business a' the retailer units% the tangible p*,sanni property sold Is delivered by the mailer of his agent
to an out of•9att destinmlon or to a conmen Corti*, fat 61W.ry ra an o0-of-State destination. The gross receipts
from each sales shall .'Clyde delivery charges, when such Charge are subject to the State &ales and use cos.
regardless of the place to which doli.e•y N made. In the event a retailer has no permanent place of business In
the State ar hoc more than one place of business, the place m places at which the retail sales we consummated
shall be determined under rules and regulations to be proscribed and adapted by the State Board of Equoll:atlon.
Ii1Jd�+..• .4.1... +r.r.w yv:. t. ••).v'.�e...9.. .a.•.GV�tw•).�.. :I.Ypt•q.l.tHMU.e..y}•r �w•u•
7 "Y;
Section 0. USE TAX An a ®e tox Is hereby Imposed on the shape. S a other consumption in this city
of tangible personal property purchased from any retailer on and after the operctive date fa storage, use a other
consumption in this city at the rate stated In Section 2 of the sal*& Price of the properly. The sales price shall
Include delivery charges when fuel- charges are subject to State Solis m use tax regardless of the place to which
delivery is roods.
Section 9. ADOPTION OF PROVISIONS OF STATE LAW Except as othrnels• provided in this ordinance
and except Insofar as they are incanolstent with the Provisions of Pan IS of DIvisIon 2 of the Revenue and Taxa-
tion Code, all of the provisions of Pat 1 of Division 2 of the Revenue and Taxation Code are hereby adopted and
made a poet of this ordinance as thauch fully Sat faith herein.
Section 10. LIMITATIONS ON ADOPTION OF STATE LAW In adopting the provisions of Pat I of Division
2 of the Revenue and Taxatimt Cade, whoever the State of California is named a referred to as the , •ring agency,
the name of this City shall be substinSed therefor. The substitution, however, shall not be made when the word
"Star" is used as part of the till• of the State Controller, the State Treasurer, The State Board of Control, the
State Board of Equalitarian, the Stab Treasury, a the Constitution of the State of California; the substitution
Shall not be mode whan the result of that substitution would require aetim to be taken by a Steins, she Qty, Pr
any agency thereof ratio, then by or against the Stale Board of Equalization, In performing the functions Incident
to the administration a optration of this ordinance: tH substitution shall net be made In those sections, Including,
but not necesscrily limited to, sections refecring to the extsrior bounJoeles of the State of Callfornia, where the
result of the substitution would be to provide an exemption fr,vt this tax with respect to certain sales, storage, use
V other consumption of tangible personal property which world not otherwise be exempt From this tax while such
sales, storage, use or other consumption remain subject la tax by the State under the Pe"Islans a( Part I of
Division 2 of the Revenue and Taxation Code, a to Impose this tax with respect to certain sales, storage, use a
other consumption of tangible personal Property which would not be subject to tax ty the State under the sold
Provisions of that Code; the substitution shall not be mcde In Sections 6701, 6702 (except In the last swaie.ce
thermal), 6711, 6715, A737, 6797 a 6828 of the Revenue and Tax •loo Coal; wd the substitution thcll not be made
for the word " Stwe" in the phrase "retalln engaged In business In this State*' In Section 6203 or In the dailnition
of that phrase in Section 6203.
Section 11 PERMIT NOT REQUIRED If a seller's permit has been es.ved to a returner undo Seaton 6067
of the Revenue and Taxation Code, an additional seller's psemrt shall not be required by this ordinance.
Section 12. EXCLUSIONS AND EXEMPTIONS.
(a) The amount subject to tam shall not Include any sales or use tax Imposed by the State of California
upon a retailer m consumer.
(b) The &image, use, a other consumption of tangible personal property, the grass recsipts (rem the
sale of wh.4h hays been subject to tax under a sales and use tax mdlnat,ce enacted In accordant. with
Part 1.5 of Division 2 of the Revenue and Taxation Code by uny city c.td county, county, a city in this
Store mall be exams from the tom due under this ordinance.
(c) Then we smempted fear, the computation of the amount of the sales tax the goose receipts from the
cal$ of tangible personal Property to operators of waterborne ves$sls to be used or consumed principally
outside the city in which the sole is mode and directly and exclusively In the cawloge of persons or property
.n such reseals for comrrcial purposes
(d) The $Image• use, or other consumption of brgiSle personal property purchased by operators of
waerbmne vessels and used or consumed by such opa•atms directly and exclusively In the ca"12:4 of
cersons or property of such vessels for commercial pu.pme3 Is or opted film the use tam.
-.l The see .serrated tram 11.0 com..tohon ar , +t..: OF the 311.4 last rhl gross recelpr Fram
•t• •fie of tang,bl, -+•wont prrp•r•v'1 ooe•aers of enoaft to be used m ecniumed Principally outside the
c••y in which the sc•e a ,•Ode onto directly urea emalusivsly in the use of Such aircraft as common carriers
. Sant Pr pr ^a••ry wear •era a.,t array of •ro .t of th,. s-oq the Japed Srcev s, er any for,
87.527.A REV.2 (11.74) •2.
.N,%1,�./• ill'. ��' 4• M1tF, t^ �J^ t• 34J. 'NN4•rrf•.t.. ".fiY,•.'.- ,ti.�i,J ttl„yfhM.MJ +,w•y�•.y .1N �lM Y'N'm +:irjN.•
« mil.. •. ._ ..�.. °.... .- .- .. -. -.. ......... �.... -lr.
9 10
(f) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revnnue and Taxation
Code the stwoge, use, w Giber crosumptlen•of tangible personal Property purchased by operators of aircraft
and used or consumed by such oporators directly and exciusively In the vie of such ai•rraft as common
carriers of persons ar property far hire w compensation under a certificate of public convenience and neces-
sity issued pursuant to the laws of this stale, the United States, or any foreign government Is exempted
from the use tax.
Section 13. AMENDMENTS. All subsequent amendments of the Revenue end Taxation Cade which relate to
the sales and use tax and which are not Inconsistent with Port 1.5 of DIAelm 2 of the Revenue and Taxation Cade
shall automatically become a part of this ordinance.
Section id. ENJOINING COLLECTION FORBIDDEN. No inlvnctlon a writ of mandate a other Itgcl or
equitable Process shall issue in any suit, action or proceeding in any court against the Slate w this Clry, w
cgamst any officer of the State w this City, to prevent w enjoin the collection under this ordinance, at Part 1.5 of
Division 2 of the Revenue and Taxation Code, of any tax w any amount of tax required to be collected.
Section 15. PENALTIES. Any person violating any of the Provisions of this ordinance shall be deemed
gudtY of o m•sd.teeenw, and upon conviction thereof shall be punishable by a fine of net more than $500.00 or by
imprisonnen period of not more than six months, w by both such fine and imprisonment.
Seal,, .4 SEVERABILITY If any prwisim of this ordinance or the application thereof to COY p.rson w
mrcumstance Is hold Invalid, the remainder of the ordinance and the application of such provision to other persons
w circumstances shall not be affected thereby.
Section 17 EFFECTIVE DATE. This ordinance relates to taxes for the usual and current expenses of the
City and shall lake effect immediately.
Section 18. URGENCY. The City of Rancho Cucamonga was incorporated
on November 22, 1977. It is necossatyy that the City immediately receive
all revenues to which it is entitled in order to provide for the needs
of its residents at the earliest possible date. The City Council
therefore determines and declares that the public peace, health, safety
and general welfare of the City require that this ordinance be adopted
as an urgency ordinance to take effect immediately.
PASSED, APPROVED AND ADOPTED this day of December, 1977.
Ayest
Noes:
Absent:
mayor
,\:TEST:
city Clerk
AEM•] Nf -is }. v.,•..- •..v.. nr.+n..s.....v...�w,. 5....>•: e..tw.sca�.t.t!Y�e Y.n
o 0
RESOLUTION NO. 77-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT FOR STATE
ADMINISTRATION OF LOCAL SALES ASO USE
TAXES
WHEREAS, the City of Rancho Cucamonga has adopted,
es an urgency ordnance, Ordinance No. 9 in;oosing a local
sales and use taxi and
WHEREAS, it is necessary for the City of Rancho
Cucamon7a and the State Board of Equalization of the State of
California to execute an Agreement for State administration
of local gales and use taxed
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA RESOLVES AS FOLLOWSs
Mayor Jar-as C. Frost is authorized and directed to
oxocuto on behalf of the City that certain agreement entitled
"Agreement for State Administration of Local Bolen and Use
Taxes" form "BT -527 REV. 5 (11 -74) ".
PASSED, APPROVED AND ADOPTED this day of
December, 1977.
Mayor
ATTESTS
City Clerk
.r .. ..'+1` /f.�. M1�M�r \.f � )1r • 1r Jr•�4.♦ � .r �. •V �• . rr. ♦ Y1•.. /.Y X14
• City at Rant Cticamoncra
AGREEMENT FOR STATE ADMINISTRATION OF LOCAL SALES AND USE TAXES
To carry out Pan 1.3 of Division 2 of the Revenue and Taxation Code and the sales and
use tax ordinance of the City hereinabove designated hereinafter called the City, copy of which
ordinance is attached hereto, the City and the St a:e Board ..f Equalization, hereinafter called
the Board. do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following corms appear in this
Agreem ne they shall be interpreted to mean the following:
1. "Local Taxes" shall mean the sales arc use taxes penalties, and interest imposed
by the City under an ordinance which complies wi.r. Part 1.3. Division 2, of the Revenue and
Taxation Code.
2. "Conforming Taxing Jurisdiction— shall mean any coumy, city, or city and county of
this State which has adopted a sales and use tax ordinance of the kind described in Pan 1.5 of
Division 2 of the Revenue aad Taxation Code and which has entered into a contact with the
State Board of Equalization .o perform all functions ncident to the administration and operation
of the ordinance.
3. •City Ord.:a: _: _.. -ear•. tk,• _ a.._. _,- .,, :ax O:Aina,.ee attached
hereto, as amended from time to c=e.
ARTICLE 11
ADMINISTRATION AND COLLECTION OF LOCAL TAXES
A. Administration. The Board and chi Crty agree that the Board shall perform as-
clusively all functions Incident to the administration ar•d operation of the City ordinance.
B. Other applicable laws The City agrees trat all provisions of law applicable to the
administration and operation of the State Sales a.id Lse Tax Law shall be applicable to time
administration and operation of the City ordinance .. :not money collected pursuant to the City
ordinance may be :eposut:.n :: S. a c ' .c.. <i ._ ,,.:re d,enil Sales Tax Fund and
may be druan from that Fund for roe p--pa,- r , •• ur.,. a the purpose of compensating
and reimbursms the Board p.r,_.. ire. • ;eret.:.er•: and tar the purpose of tmnv
noting to the City the anounm .., ..:.,:, me Ley i .ea.
C T,.ir,minal "f •r ai •.., t ties cell,,%
....,r the ni to, (.in per,udiesli} as
r.. -pth as va• ..� .. - r ram a, a.:rdar gar,•.
T:arsmmtrals c - ra ti• na, It it a hank in Sacco
d,. gra .\ r ,:.war: wi:hb..l
ru•cuanc %, %rich i7 of this a•, ••r:
D. Rules. The Board .:.' it, :. __ ... and regulations as in its
judgment are necessary or desirable for me admtn„•:atton nor_ operation of the City ordinance
and the distribution of the local taxes collected thereunder.
r•.— .�,«.y.�ry.L... n,,,, -••W •^,,,y....,.. .. r, yr ...,r •„.; v.:: °....tn,•r� }w,
5Td77 REV 5 111•74) CtY
E. Preference. Less the payer instructs other %ise .r XCCpt as otherwise provided
in this Agrcemem the Board shall give no preference in apfying money received for sales and
use taxes owed by a taxpayer but shall apply all monirs collected to the satisfaction of the
claims of the State and the claim, of the City .w their iraerest, apiw•ar
F Securt) The ILunl ague•, that any ,t, twit) which it Iwrraftor requires Ill N.lot-
nished under the \tats' Sale. dul Ilse Tax Lew uill br upon such trial, that it list, will be
available for the payment of the claims ul the fit% Inr local raxe, using to ;r as its interest
Appears. The Board shall not br required to v1,_P,t the te.ms of any oecurity now held by it and
the City shall not participate in any security nos hall by the Board.
G. homes of sellers The Bowe agrees to furnish the naves, addresses, aceouat num-
bers, and the business classification codes of all sellers holding sellers' permits within the
City.
H. Records of the Board. %lien requested by resolution of the City Council of the City,
the Board shall permit any duly authorized officer or employee of the City to examine the sales
and use tax records of the Board pertaining to sales and use taxes collected for the City by the
Board pursuant to this Agreement Information obtained by the City' from the examination of the
Board's records shall be used by the City on!) for purpose• related to the collection of local
sales and use taxes by the Board pursuant to tms iyreer r
1. City tax rate The Cry agrees tb.t an) cninge in the tat- of its conforming local
sales and use tax will be made effective at tie beginning of a calends irarter and that it will
give the Board at least two mon:hs' notice thereat and that it will also give notice to the Board
of Supervisors of the County in which the City Ites.
J Anttexatwn. The Cit% agrees that the Board shall not be required to give effect to an
annexation. for the purpose ct .. r.cing and .l.ng ca, sales usl one taxes, earlier than
the first day of the calendar q,....:er shun..,..i.C.lLe> not mss tnan too months after notice to
the Board. The notice shall include two maps of the anntxed area together with the address
of the property retreat to die extended city boundary on every street crossing that bcundary.
ARTICLE 111
ALLOCATION OF TAX
A. Deficiency determination. All local t ties collected as a result of determinations or
billings made by the Board, and all amounts refunded er credited may be distributed or charged
to the respective conforming taxing Ituisdictio.., in the same ratio as the taxpayer's self.
declared local tax for the period for which the determination. billing, island, or credit applies.
B Allocation %hen t•- ,ocal tax i, collected tram or refunded or credited tuthe
following:
11) Retailers ha%, ,. r.. chug se 1— r—its or certificates of authority to collect
% re; t• a +i .,� c4, w.6015 of the Re%e-
nr ; nd Taxa a
fit Persons let na, r„ - uuorr, ;rg -, aunrt racer eras acr:te at the date of par
•.,err or
(4) Other retailers in purcha,er., ha%wi: no permanent place of business within the
State as determined by the Board;
!Y- ,,aw• /.M'. e�Gr,.w%:' ^,Y.�Y.. r.Na..f, ^J,.w...�wM -. vTM In w,P,.:J�'�.aCa.drreia.rv,YMW.
3T -522 Rev 301.711 . `�
or when the local tax isilected by way of deduction from, o0en u refund of local tax is
made in conjunction with, refunds of motor vehicle fuel license taxes, or when local tax is col-
lected and direct allocation is impractical, the Board may distriLute or charge such local tax to
all conforming taxing jurisdictions in the county in which the sale or use occurred using the
ratios reflected by the distribution of taxes collected frox all other taxpayers in that county.
To the extent that this cannot be dare in a manavr consistent with the economic and efficient
performance of the duties of tha Board under the Retvnuv and Taxation Code and the provisions
of this Agreement. the Board nuy distribute or tharge such local tax to all conforming taxing
la. isdicnons of this �:atc using th r,o. rcflc.'.' by me 6tribution of taxes collected from
all other taxpayers in the State In masmg allocations under this paragraph county tax imposed
at a rate in excess of I percent shall be excluded
C. Vehicles. Vessels, and Aircraft. For the purposes of allocating local tax with
respect to .ehicles required to be registered or identified under the Vehicle Code, and with
respect to vessels and aircraft, the audress of the registerea owner appearing upon the appli.a.
Lion for registration or identification may be used by the Board in determining the city of use.
To the extent this cannot be done in a manner consistent with the economic and efficient perfor-
mance of the duties of the Board under the Revenue and Taxation Code and thli Agreement, the
Board may allocate tax with respect to such vehicles, vessels, and aircraft in the manner pro•
v.ded in Paragraph B of this Article
ARTICv IV
COMPENSATION
The City agrees to pay the Board as tnv Roard's cost of administering the City ordi-
nani.es such amount as is provided by law Ssrh ar..ounts shall be deducted from the taxes
collected by the Board for the Cie.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first -class United
States Mail A notification is complete when deposeed in the mail. Communications and notices
to be sen: to the Board shall be addressed to:
Stare Board or hrwaytu•ion
P O Box 1"9v
Sacramento. Cau:ornia 97808
1 e •on 1 er et:
Camrl.nlcattans an -a.ua s to n ,•r C 1 ,o
City of Rancho Cucacvanga
P 0. Box 793
Rancho Cucamonga, California 91730
•�.•�!: �awlaa:ae.rt� !'sf �..'4:ttY.La./�ln�^�Y�J..f: ^Y1 nit.. tM,I.t N�t'�r/!ti
.i.
7. Term. The do of this Agreement is du• date on IItch it in approved by the lk
putment of General Serrices. The Agreement shall tale effect on the first day of the calendar
quarter nest sccceeding the date of such approval. but in no cane before the operative date of
the City ordinance. nor on a day other than the first day of a calendar quarter. This Agreement
shall continue until September 30 nest following the operative date of the City ordinance. and
shall thereafter be renewed automatically from )ear to year unless one of the parties gives
written notice of termination at least two months before the end of the term. The Board may ter
minste this Agreement in the manner provided by law
STATE BOARD OF EQUALIZATION
By
secu(w Secretary
CITY OF RANCRO CUCAMONGA
By
(Stsmtwe on rb(e (ne)
James C. Frost
(Type nave berr)
Na!jor
Type title bee)
ry`.W9D..�a.:>•tt:^v r�a••1r..`..a%tti� �•u..n i...\u.a+�J•.ya<.rY.��r^
ST -W eQV. S (ltaq . d
I. Inrrt name of the City a top of paste 1; insert address for communications and notices to My in
Section A, Article V.
:.&t a fire copies of the Agreement. srnding all of them to thr Srcrenuy, Fore frond of Kquailaadoo,
V.O. Box 1799, Sacrament,,. California 9W$ (If the <:rty desire,, to keep a file copy of the
Agreement, an additional copy should be pnpacd far that purpose.)
d. rtac to _ach copy of the Agreement seat to the Bond, a certified copy of the City Sales and Use
Tax Ordinance, Le to torch to +e c ti copy s certified copy of the order, modest or resolution of thr Cry
Council suth"Wag the execution of the Aarsamest.
F,,xplanad
When an Apeemtnt Is transmitted in accordance with the faegoinj instructions, it will be acecu.ed
on behalf of the Bond and submitted to the Department of Gateral Services for approval. Then approved,
one copy will be returned to the City with endorsement of approval. If a copy has been inalud by the
City, it my than be conformed to the approved copy.
'ti" : ST421 RM 3 ill-?A) . S • +2N
c •
TO THP :aYOR PSID CITY COUNCIL
CITY OF PA"CHO CGC]l%tO'i3A
Re: City Council Salary
Gentlemen:
Enclosed is an ordinance for introduction at your meeting
on December 7th. It would be given first reading at that
tuna and set for hearing at your meeting of December 21st.
If adopted at that time, it would be effective in thirty
dal•:..
It is in accord with Section 36516 of the Government Code
which orovides for a salary of $200.00 in the case of cities
with a population over 35,000 up to and including 50,000.
You may already realize that this coamensation is established
in an effort to martially compensate you for any direct or
indirect costs to you for time away from your regular
position while you are upon City business.
I will s::ort_: _•:raish you with expanse claim forms that
may be used to cover expenses incurred on official business.
This form will cover primarily erpeases for travel on
official business outside of the City.
Respect_full�y %,,.�
H. X. Hunter
interim City Clanagor
rw..r..... .. ... .. . , .. ... .v. w. �.. ,:.- .. .- •:�. •.. ,emu•, -.. sn.M..,.vw�n.•=
0 0
02DIUAWZ CO.
Pl: 0?.Dlr = Or THE CITE Or 7A+CF0
CCCti'SC:".'.A ESTA3LIS:Mr- SA...A °_ Mr
S't.'E CITY COUNCIL Or Td°. CITY Or RACCHO CCCA!SO::GA
DOES OHDAIC AS FOLLONSs
Section 1. This Ordinance is enacted pursuant to
the provis ns -OT-Section 36516 of the Government Code of the
State of California, authorizing the Council to provide by
ordinance that each member of the Council shall receive a
prescribed e Populatiosalary, the City as det :niaedhbyleseinates made
by the State Department of rinaace.
Section 2. As of Covertber 32, 1977 the latest
estimate o popu sign of the City made by tsse State Depart -
cent of Finance is $40,470.
Section 3. Each member of the Council shall receive
as salary tze sur. of $200.00 per month, as prescribed in Section
36516 of t`e Grje_- =ent Code of the State for cities in the
35,5: `r_ 5r atior. qr ^uo. Sa =d salar mall be nai8
at �`.e 3L'. -'-e .. t: a sa-e -z.ne= ^- _c --- s are pai:
to other officers and employees of the City.
Section 4. Following any new and later authorized
eztfnate o �on oz census placing the City in a popula-
tion group rst*_er than that set forth in Section 2 of this
ordinance, the salary payable to each member of the Council
shall be increased or decreazed accordingly to equal the sum
prescribed for that population group in said Section 36516 of
the Griernxat Code of the States provided, however, the salary
so increased or decreased shall become payable only on and
after the date upon which one or more merbers of the Council
become eligible therefore by virtue or beginning a new term
of office follriing the next succeeding qeneral municipal
slectioa held in the City.
.•J ..+... ....i ;.' ... ..�_ .v.. .. r. ... i.. e� ..Y .: te. -a.. jra .:v.J.!
• •
Section 5. The salaries prescribed in this
ordinance eF -aITie exclusi.e of any araunts payable to
each member of the Council as reimbursenent fo- nctual and
necessary expenses incurred by a member of the council in
the oer!ormance of official duties for the city
December, 1977.
Ayes:
Toes:
Absents
Mayor
ATTEST:
city Clark
Mwai +V..�.J.,.w..ah4•t1�..Ai.w.. ✓104.. •'�•..1. �:•�Iy Y.YU ..'ATw �. 4. w,aA .. �saN•Y.4 %T�.•{C
0 0
RESOLUTION NO. 77-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA AUTHORIZING THE
INTERIM CITY MANAGER TO EXECUTE WARRANTS
WHEREAS, the City desires to designate persons
authorized to execute warrants on its behalf;
NOW, THEREFORF-, THE CITY COUNCIL OF TILE CITY OF RANCHO
CUCAMONGA RESOLVES AS FOLLOWSt
H. K. Hunter, Interim City Manager, is authorized to
execute warrants on behalf of the City of Rancho Cucamonga,
Resolved further, that a certified copy of this
resolution shall be forwarded to each bank with which the City
Of Rancho Cucamonga transacts business.
PASSED, APPROVED AND ADOPTED this day of
December, 1977.
Mayor
ATTESTS
City Clerk
tb. rcem' fZiIq-R
:u.b)ec4: IrQ�veSi 4or -jAo: a,. agenda, tiiy eDUA;t( M.ee�r, 0
,Z>Ceew- 6%r'7i Igll
> %;q 0.t�4t1oi.4� *% ik ti�
Codhe it a} � rec�vtar�� 6a f�tdu� +d MY�2c-tti+9 h�. �u►+�iterYj I y`!`f,
uta
•
Ifas. aarnua u. aalJ4a
9j15 "ioynll s-rauuT
.XLTA LOIIX. CALIF. 9MI
December 51 1977
Jim Frost, Mayor
City of Rancho Cucamonga
California
Dear Jim,
1 would like to formally r1quest that you
place on the agenda for the meeting of the
City Council on December 7th, 1977, a dis-
cussion of a proposed City Charter.
Very truly yours,
- /. b8•�.
w �
,9j3 Buecaeo•rl Lr
.. L702ta:r +17
t..
O-
.. 'on; ,x. ... ..untur
.r .,uhtor:
mop -..1n!; rv: tno u r
••Itin;,
• tae dty of t Ca:an:n. u•._ t aaopt an ur_Le::ca
..Ca ner !r for t:.9 c_ ri, e.'la /:r
,opors to ;�, t..alr ..ir aaarl o. ..].lu L,41-- for t:IC
. ,refit tney dorivod frog . Uldin; in w,r :o aun! ♦n tae puramwnt
,.1 problaao t:,, cosrr._ty .la.. to :1. -4 wit..::cultlnr from tho
.1 _ny activ!ty,
a, :•.o.izlmC u, .•ay of a tu,. or ocaool purpOao+ oral
on nr; toaidtrtiil t «tw con str, —tion b^ contractors,
ballders, wxlir . dereloperr it t anoint of the full
F:•..; Irty tax rst -• apvilau tt 25 p9rroat of tlw soLILnZ
prl .a of oath ei :, !.• and /u: ral.!ol9 fa -i_. ew111n,; aait:
�. tr
c
}aipn LIZr,•. o
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♦ q ,'� to tw) J. . no '.J AI I
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WHOLALE LUMBER INC.
P.O. BOX 326 — 7069 ETIWM'DA AVE, FfIWANDA, CALIF. 41759 y
y FFi (714( 8".1725 /��i /�
December 5, 1977
Rancho Cucamonga City Council
City of Rancho Cucamonga v!'
P.O. Box 793
Rancho Cut nga, Calif. 91730 5
Dear Sire;
It is requested that the Rancho Cucamonga City Council
abandon as recommended by Second District supervisor, Mr.
Joseph Kanansky and San Bernardino Road Ccoissionor at a
mating hold at the Supervisors office on December lot 1977,
that portion of undedicated roadway between Baseline Road and
Southern Pacific Railway tracku as shown on Ban Bernardino
Master Plan as a continuance of Rochester Ave. for the
following reaaane,
1. The proposed road if not abandoned would create
tremendous financial hardships as stated in our
letter to Mr. Kamanaky dated November 14, 1977
(attached).
2. The road if constructed would have to be elevated
approximately 18 foot above natural grade to clear
the railway tracks completely preventing access to
our property where we era constrectinq our facility.
3. Access would be preventwd to the Fire Department
to our rear fire road.
4. The roadway if built over the tracks would be
extremely hazardous to south -bound traffic duo to
obscured vision of large truck and trailers turninn
in and out of our facility.
5 switching of railway care coming tr our spur wrnild
be done at the point and would further tend to create
a hazardous situation.
r
w
f
PASO 2
6 The Public utilities Coaaiesion has closed down
+S:
these typo of crossing+ as seen in the City of
r'
Rinl -0 due to the low volume and hazardn they
create.
it
7. There aru now existing two main arteries for
north -south traffic within 1 mile of our
facility in either direction over the Southern
it
Pacific Railway tracks, being Haven to the Nest,
id
etivanda Ave. to the East and a third will be
Hilliken when ccnpleted to the Hest.
3
N
'
Rospecttelly,
ARD J+'FEDUt1IH, President
H 6 H WHOLESALE LUMBER. INC.
i
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I WHOLEILE LUMBE
NO P.O. BOX 716 — 7039 ETIWANO
A
Mr Joseph kamansky,
second District Supomisor,
175 N 5th St.,
San Bernardino, Calif.
Dear Sir;
R INC.
AVE, ETIWANDA, CALIF. 91739
PH. (714( e99•I77S
� w
,
This is submitted to You And the Board of Sulwrvinors as a
formal complaint against the County of San Bernardino nuildina and
safety in respect to condonation and discrimination.
r have been a resident of Alta as for the rant ten yearr
and have owned and operated the It s SI Wholesale Lumbor Inc , located
i Etivanda for the bast eight years
in March of this year, my partner and r wero contemplating
the purchase of a 21 acre parcal of 14-1 property fronting Baseline
Road in Etivanda as it is necessary to relocate our company W the
end of the year. At that time County Sumayorn were :.nrvcYlu"
Baseline lead and I questioned one of the surveycrn nu to the rnrDu'r.,
' nury -/ and he infom,M on tha• n portion of Baarline ^na• VAR
originally Installed in error and was going tv be moved to its
prober lucation. It was then that tF.c Cow,ty vt_, f= aPori °�
to w: r-_-` •hi. error within the next few rorths and wu r;orceded to
purchase the property with the tn•cntion O! builli'M Ou; ,•'w "ani
fronting Basoline Road
•
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T^ the fall -.rirn munt'ta •• • r:rMod w, r•nnn..fal
r u ^r•• I ^ t ft, fo• .r. t It .... , tc
•• 1•, t•• n••d hoildinna nM •Jr rr n +N lw ti•r Foothill rlre alat,•Irt
n O,:tnt•or 20, 1977 as tint.• ha- .c: LCOarY, rriti:al we vw•n.v.l t.•
t, -A•1, , , ♦ • . .,n. ...yl • J ..i
y'e. .A J
rY,.•il • Jr +•
r• r•lana, land survey .tall fin :it nrnngerront•: w. re c mpl,,teJ
1 aar'J 5•t1dombOr a ^d w: ,,r^ r •alv to Foram, n •, +tn=tinn
llasscvcry wr obacrved blot thero had Iran no further act lvity by
the County to movo Baseline goad. I then vent and discussed the
- itsatinn with Mr. ,john Btalter of the Road Dsvartrient ♦ha informed
•'m• t still is tha itdrontin or , ,r rounty to ctrrort the orror.
h••,cvor, due to the lack of furls there is no schrd•ibd consttucriun
data He also inform:] tae that the extra 59 feet of nur prol'erty
hniro used as a Count— road was convidarad County rroperty until
i 3-1 r , is d Use ..••.
road. I told tin this was not fuoeihlo due to required setbacks
and there would be too great a lose of land between our facility
and the roadway once the road wall mva1. It was than ouggeatod that
l+nrhaps we could construct the Yard in a different area on Cite prop-
erty and the County would endeavor to work with up. During our en-
tire cnnveriation it was never wnttoncd that Impr.,viml Bc.h•nte,
it
vn,tlI ho a :ondition of location ala,roval
-qrv,, - n- evala.n.di ear ol+ne and 1 - -u1^ a :o,:iru.t
it r ly p„ t,on „f nur t,ropertt t^ WU,l s .smile,
to eii ^t . .. • AN
r u ^r•• I ^ t ft, fo• .r. t It .... , tc
•• 1•, t•• n••d hoildinna nM •Jr rr n +N lw ti•r Foothill rlre alat,•Irt
n O,:tnt•or 20, 1977 as tint.• ha- .c: LCOarY, rriti:al we vw•n.v.l t.•
t, -A•1, , , ♦ • . .,n. ...yl • J ..i
y'e. .A J
rY,.•il • Jr +•
t
P
rough grado art! 'no-rnll wttn. lu.• a '• •dr a 1 m: .Tt. •..d I
01
Approval was lin.11y rccolva0, aro,r ciny p; not c.,lla
o !Ievc>or 9t11 with the condl H•m tha- w c -vsr YOC• 1t +rcxlnif •l,•
1200 lineal toot of fully improved readwat• complete with :urns,
gutters and paving and ledicate same to the County av n continuance
of Recheeter Iva.
'Cho follcfing day i sad a meeting With tS• loa•S C'atr�lnnl.nl. [
a1u! him asalstante and tUgUdSted daletto.: of the ccrl ti•n .,v thl
roadway will service no one but nurse Ives and the additional roar
could not be funded at this time urde. an•• - nndition .iml If enfor.•nl
quest was deniol. I further offered to grads, also, oil ird mllr-
taln this road. This was denied. I then rsquested to Install a
private road eoapletely on air property entering frcm llnaollrc Mmd.
This was denied.. I further offered to install the tmprt•verie• to At a
later date in the event that our extra aeroa•,e w- gold or further
.I.•v h•tm.nt wnt nldo Min way .In•,. 1.
At the end of the mretlno 1 can told thr read r. wu lu•nl
1.: tm, rnvcm•mrn t,,tld rmmAi,,, I roi vnr, ...0
n.,, cud look the v tuntion ov<r
+Iar i• . I , tlot• . 1 .. m I It
• 1 t In, day m r:vr a. •nr A • ,r r t:•Im-
„ lmrrn .vt 1n,b, lu Ihu .111 1, nnr whlch nnn "it ....... r• 1 1.111, 1 1
d..w•toly Into the renter of m9 roaldcneo even after 1 ar.l ae aIkili,lo:
.........iJ t ..t •• -d.
•
-4-
neighbor formally protested t, the extreme hazardous situation
M- r,1 :: a!ln a_a +• copy of r '• z -LPchN Ann'kw .qm-
rw•al •rat grenLod to Y.r. Josepc'rl4cle.err to Install a cmpletely
unioprcved road when he subdivided 2 acres Into 4 lots adjacent to
my ronidcnce on the ,cr.t.
I requost the deletion of the Imposed road condition by
the County Road Depertmant
Respectfully,
ward J. 7 u ir - President
1! e M Aholosale Lumber Inc.
iJ
cc- Board of Supervisors
v
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June 6, 1977
1.1: Fsst "i!1 Str -- su.d -�
Snr. Bor- srdino, Ca. 92415
.)car 11r. Stephens,
Further to our meeting this date we would like to
sutmit this letter as a formal objection to land divisions
476 -0519 and 076 -0619 in Alta Luca, Ca which allows for a
50 foot wide unimproved roadway by apprnxima�ely 600' Iona
in a north -south direction adjoins.^.; llidde- Farm Road for
the fol!'rring reasons:
1. The proposed roadway has no required provision for
water drainage and with the elevation of the area
at the proposed roadway being 2 -1/2' per foot and
over a 600' span of road we will have a drop of
a,-prnr'.netely 120' o! eater hra•1..:1 etrrr' I•, "I.
into c•r:
2. The roadway if built unimproved with no requirement
for adequate drainage will be extremely hazardous
not only to our parzonal property from flood waters
but also to the lives and safekeeping of our children
as the heavy flow of flood water coming south will
carry large amounts of debris, such as mud, trees,
boulders ate. thereby en.dangering personal life.
Submitted for your consideration for the enforees�nt
of adequate water drainage and response,
.is remain,
1!-:=Y 7W TIIICZ S'i:.c0 J C* .J':Iw
->.. 1 1 Fa^ P;1i 3. " pi-Aar ar-+ I.
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•
C^ LUCAS LAND CO
City rouncll
City of Rancho Cucamonga
Attent:•n Ken Hunter
• A,tt (714) 987.1732
ladortrid Rtd Erurt. ln"amtnn
9224 Foetbill Bodrvrd, Cmamonlo C&Iomli 917do
Dece. 5, 10—
Dear Yr. Hunter:
We respectfully re„uest to be p_nced on the agenda for
your rsunci. tee -Inc of Wednesdw, Decenler T. 19T7
c.. I,. .. ,. t•x'i .•telly
constriction In Fancho Cucamongs.
ti Very truly yours,
cc
i
Leon F Lucas
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J. P Kapp & Associs, Inc.
Consulting Civil E meers
Land Planners & Surveyors
December 5, 1977
City of Rancho Cucamonga
P O. Box 793
Rancho Cucamonga, Calif 91730
Attn, Mr. Ken Hunter, Acting City !tanager
subject, Tract 9472
Dear Mr. Hunter,
• JN 42 -002
This firm is the engineer for the subject sub• - ivision lying northerly of
19th Street between Highland Ave. and Harnosa Ave vaned and developed
by Boulevard Development Company of orange, California.
The improvement plans and record map for the subdivision were approved
by the San Bernardino County Road Dept. and Surveyor, however, the map
has not recorded because we were unable to o`tain the necessary sanitary
sewer connection alixatic -..
Therein lies o•a c'_7• tto- t:A the purrose of this "rrsapoH:nco.
The County sat aside a;; rcxliataly 200 allocations for hardship instancos
We respectfully rawest the City issue clearance to the sen Bernardino
County Building and Safety Dept., C..caccnga County Water Dietrict and
the Chino Basil Uattopolitan Water District.
The reasons for this request are outlined in our request to the County
dated November 11 attached harstc. In essence, our cMert wag delayed
on numerous occasions by the County. Without these delays, we wiuld have
recorded the map at least five months ago.
The ultimate setback caw at the time we were to receive a clearance from
the Planning Department to the Surveyor The telephone line was busy w!-an
Planning made their call. Another developer was waiting and thus received
our allocation which was the last of the norral allocations.
Since the Co=ty has turned this hardship rcq st •rocess over to the Cie;,
ne respectfully request that you consider th -s rat-or at your scheduled
City Council meeting on Cecorber 7, 1977
501 Pork Center Drive, Suite 200 7141547 -8445
Santa Ana, California 92705 213/967-7824 -
City of Rancho Coca 0ga •
nr. Ken Hunter page two Dea.eber S, 1977
Should you have any questions, please do not hesitate to call an
. teal-/ yours,
J P�"+ 7.'P [ ASSOCIATES, INC
JPK/el
anal
cc, War Katayana, Boulevard Davolopmant
Gary Gits, Far Hest Developcent
To^.=y Stephens, San Bernardino County Planning
Jack Rosebaugh, San Bernardino County Building G Safety
Claude Tonilson, San Bernardino County Survayor
P. -Kopp & Assock , Inc.
insulting Civil En eers
nd Planners & Surveyors
llovember 11, 1977
- P•.[ne -aeo County
S.11ding s Safety Dept
1111 E. Hill St.
San Bernardino, Calif. 92415
Attn: Mr. Jack Rosebragh
Subject[ Tract 9472
Dear Sirs
• JN 42 -002
CERTIFIED MAIL
As you know, we requested issuance of building Permits for the
subject subdivision on Novmaber 10, 1977 at 10,20 a.m. At that
time you stated that tlrare were no permits available. The last
allocation was issued approximately 10 minutas prior to our
arrival.
it is my understanding that our client, Boulevard Development,
is the first to be rejected a sewer allocation. lie, therefore,
request that we be the first in line to receive allocations nt
tie time new allocations become available or when other builders
forfoi• their allocation.
very truly yours,
P. KAPP 6 AA1SSOCIATES, INC.
V^
F al pp a
cc, Roy Mayamura, Boulevard Development
Aar rntayara, Boulevard Development
Gary Gits, Far West Development
George Dlanchard, Cucamonga County water District
Claude Tonilson, San Bernardino County Surveyor
Pork Center Drive, Suite 200
to Ano, Colifornio 92705
7141547 - 841x,5
213/967 - 7824 -••
J. P. Kapp & Associ as, Inc.
Consulting Civil En7)eers
Lond Planners & Surveyors
lloverber 11, 1977
^%n Bern.: V no M•mty
lding a Sn'e t; Dept.
1111 E. Mill St.
San Bernardino, Ca. 92415
:.ttnr Mr. Tommy Stephens
Subject: Tract 9472
Dear Mr. Stephonas
• Jw 42 -002
CERTIFIED MAIL
On Thurclay, l:evevber 10, 1977, we woze refused a sower allocation
for the subject subdivision.
It Is c•.r understanding, however, the County has set aside 2iO
permits fcr hardship Cases. As yo''t files will indicate, this
subject subdivision was delayed on nuc roue occasions because of
planning concerns. We are enclosed a chronology of the events that
have tra:spired since first submittal of the project.
Rae the nap been approved in the normal process, we would have
recei:ud o•:r allocation fo,r ronthe ago. The irony of this situa-
tion is, Lecausa of a busy Shone line from the Planning Dupasteant
to the Surveyor's 47partmrst, we missed our allocation
Me, therefore, request that the Planning Staff review the case
history of this subdivision and issue the necessary documents
to ralaaae a sower allocation for reasons of hardship caused by
timing constraints beyond our control.
very truly yours,
P YAPF L ASSOCIATES, I.W.
JDY /sl ��
oncl
c =: God .ra, n�.lr•:Ar'. L•.vclo;-trt
Yzz iYoyoSa, aoulevard D,velolvent
:ar} • , far Uc st D. -nt
I or Se o -
n', -'.rd, C^s. 'e
na County %:ater District
ClCOdC TOMLISCO, San Bernardino County Surveyce
Pork Center Drive, Suite 200 7141r A / -8445
is Ano. California 92705 21%3/" 7824.w
0
C
rc 28, 1976
1'!'
A. ,just 18, 1976
..;ust 18, 1976
September 1, 1976
Camber 5, 1976
'-toter 5, 1976
..tc.•wr 21, 1976
november 9, 1976
•:,,e-ber 18, 1976
zecerrbsr 16, 1976
January 6, 1977
January 20, 1977
February 8, 1977
"arch 21, 1977
April 11, 1977
JN 42- 002`x: "'
TRACT 9472
CHROHO1.O0y OF EVVITS
Open Escrow
led 7••; list:.- - •or T •.ve
ra-t
ERC crests i determines that an information
report is needed.
Paid fees for inforrtion report
First subdivision coanittew meeting
ERB mating determines EIR report needed.
Paid foes for EIP report.
Tract scheduled for P.C. mating,
Continued to Novacber 18, 1976
ERB - acting to review Draft EIR -
Accepted
P.C. hearing continued to Doe 16.
P.C. hearing continued to January 20,
1977.
Subdivision Comittee Meeting.
Hearing i Planning Comn!ssion - 'tract
denied.
Appeal of Planning Comission Decision.
Board of Supervisor2 rooting continued
because of inadequate notification.
Tract approved by Board of Supervisors
and proju.t ,ranted a :.c3ativa duclaration
• •
MEMO TO: City Council
SL'a3 °CT: Ra ruitmenr of City :•Iar.dcPr
in keeping with tre = aaec-: -- sf ?rdinanca No. 2
establishing Council - Manager govern.ent in Rancho Cucamonga,
tha fallowing ad has boon accaptcd for publicaticn both b®fora
and after the holidays by the three publications having the
widest contacts with possible qualified candidates:
RANCHO CUCAMONGA, CALIFORNIA (43,000). Salary
open. City Mgr.; appointed by 5 member City
Council elected at large. New city with strong
industrial base Lad fine residential communities;
incorporated Novsmber 1977. Prefer MPA with
five years experience as city manager or assistant.
Send resume to City Council, P. O. Box 793, Rancho
Cucamonga, California 91730. "CM App." on
envelops.
These professional journals will carry this notice
without charge to the City.
• •
=MO TO: City Council
S':97ECT: !e;islative Procedu:ns
O ^er the last 25 years, the City Clerks nave develo,sd
a manual dealing with procedure. For your information is
Chapter VI of that manual which ray serve each of you as a guide
for conduct of official business at the City Council table.
O •
CHAPIElt VI
LEGISLATIVE PROCEDURES
City Council. in California my establish their own rules for the
conduct of chair meatings (Cov. C. 36813), but there are certain state lava
which moat be observed in holding coatings and transacting business Tye
£ollwAng refers to the basic rules of law govorning legislative procedures
and contains suggested procedural rules to be observed where there is no
controlling rule of law.
A. HEETLRGS
Regular meetings are required to be held at least once a month (Gov. C.
36805) at a time fixed by ordinance or resolution (Gov. C. 54954) at a
designated place within the corporate limits of the city (Cov. C. 36808).
If at any time any regular mating falls on a holiday, such regular meting
shall be held on the next business day (Gov. C. 54954). In case of as
emergency created by fire, flood, earthquake or otherwise which vendors the
-, signated meeting place ucrafe, the meetings may be held for the duration
of the emergency at such place as is designated by the mayor (Gov. C. 54954)
There is no other authority for changing the place of council meatings,
although it is known that council coatings are often adjourned extra - legally
to larger or more convenient quarters to accom;odate unusually large
crowds, etc.
1. Adjourned meetings. The city council, or less than a quorum of the
council, ray adjourn all meetings to a time and place specified in
the order of adjournment (Gov. C. 54955). If all mmbers are absent
from any a.gular or adjourned regular meting, the clerk may declare
the meting adjourned to a stated tim and place (Gov. C 54955).
When an order oZ adjournment fails to state the hour at which the
adjourned meting is to be held, it shall ba held at the hour
specified for regular meetings (Gov. C. 54955) Once adjourned,
the meting may not be reconvened.
2. Special metinas. Special coatings may be called by the mayor or
majority of the city council by delivering personally or by mil
24 -hour prior notice to each council camber, as well as to each
newspaper, radio or television station requesting notice in
writing (Gov. C. 54956). The call and notice must specify the
time and place of the meting and the business to be transacted,
and only matters specified in the notice say be considered (Gov. C.
54956). Except for urgency ordinances which may be adopted at a
regular or special mating, ordinances can only be adopted at a
regular or adjourned regular meting and cannot be adopted at e
special meting (Gov. C. 36934). If resolutions or orders for t:e
payment of money Pro to be adopted or made at a special meting,
the notice of the meting moat specify that such business is to be
transacted (Gov. C. 36935).
31 / ? �'
• v
All meatinge are open to the public (Gov. C 54953) except execu-
tive sessions relating to "personnel" cutters which my be held
only during a called meting (Gov. C. 54957) and to certain legal
matters.
B. NOTICE
No notice of regular meetings to required. If a meeting is adjourned,
a copy of the order or notice of adjournment must be concpicuously posted
o„ or near the door of the mating pla within 24 hours after the time of
adjournment (Cov. C 54955). personal ur mailed mitten 24 -hour notice is
also required as to meetings adjourned by the city clerk, and for all special
meetings (Gov. C. 54955, 54956). Continued hearings must be posted in the
sara manner as posting of an adjourned meeting, but if the hearing is con-
tinued to a time less than 24 .inure Inter, pcs•ing oast be made immediately
(Gov - 54955 1).
C. fA:C7t N
A majority of the council constitute* a quorum red is therefore suf-
ficient to do business (Gov. C 36810)9 and motions may be passed by a majority
of those in attendance if, of tour••, there is a quoatm; h wever, resolutions
and orders for the paycant of money, and all ordinances require the affirma-
tive vote of at least thras councilmen for passase, i.e. at least a quorum of
the entire council (Gr. C 36936)
ROLL CA.L
There is no legal :equiresrt for roll coil voting unless some memh•r of
the council requests it (Gov C. 36814). Houever, since all ordinances, and
resolutions and orders for the payment of money requ..e the affirmative vote
of at leant three council oeobers (Gov C. 36936) most cities follow the roll
call procedure for these particular items of business.
CORRECT LEGAL DOMM,r
ordinances or resolutions in final f,ro, when signed and attested,
bacc_e the original and proper Loctmtnt.
F. THE MINUTES
Minutes are the concern of the city clerk until presented t•i the
council for aoprnval; the counc,l may then, by motion, caio such correc-
tions as conform to fact See Chapter I%
32 . .. / 3 a.•
• 0
G. RULES
The council ey establish its nun rules (Wi. C. 9641)), prescribe no
agenda, 1!-It debate and eject unruly person. To. vromJ rat rotes h-•rvin-
+[te: . _ :-:th are au exions to Ml of fld9c•_; of
'pacific a••.es of Order,
1. processing of Hotioas Wino a motion Ls code and secosdad, it
'ball be restated by the presiding offtter beiorc debate, A action
may sot be withdra-ws by the mm+" vithour the consent of the camber
seconding it and the approval of the ca Lt.
a. liarfona opt of order, The Playa[ my at any [tone, by mjorfty
consent of the Berbers, permit a cenber to introduce ao ordinance,
resolution, or motion out of the regular agenda order of busLmos,
b• Division OZ quest If tb: 5.aatiou ceatafas an ar cone
divisible propositions, the lisyoa ttay, sud epos request Of A
member shalt (unless appealed), divide Lte ssm.
2. Precedence o! Itotlons. Uben a aotiaa is before the council, rm
motion x1&11 be entertained es:ceps; (a) to adjourn, (b) to lit the
boa: of sdjcu:=lar, (c) to lay m the table, (d) for the previous
guestim, (e) cz postpone to a certain dsy, (f) to refer, (s) to sceod,
aa! (b) m postpcae tudefinitaly. ?be" notions shall hove prcrW/rA
!n the erdem tnd'Lated.
a. rotten. to ndloarn. (sot dauz:mllu) A mcttaa to Adjourn gull
be in order at say ties, except so fnllous; (a) when repeated
withoot intarvenlag business or dLsetvaim; (b) vbm rwle so an
interraptica of a member uhile specking; ;e) when the previous
geastion has been ordered; and (d) while a vote is beLOS taken.
A motion to adjourn -CO another tire^ is debatable only as to
the -fca to which that mettmet is adjourard.
b. Yetion to fix hoar of adlouncaent, lhapoaw to to set a
definite tins at which to adjourn. tW:Uxtsbir ssd emamend•ble
except as to tine set.
C. K21122-$2-is hL AL. Purpose is to teupot�.- ily my -pass the
subject. A mutton to ley on the table is uodebatable and shalt
preclude all mmxadeents or debut of the subject uaoer consider-
ation. If the ration shalt preuil, the mutter =y be "takes
iron the table" at any ri_•o prix: to the eni of the ..ezr segutar
meeting.
d. Hotinn Cor orrvione_�vstir purpose is to etosa debate on
rJ La x:.:uting ^e,yst Lts^ den n .
ammo• - iLett rha gam [Sing. If estlom fain, debate is reopened;
If motion passes, then vote an tb: rain rat(rs,
• 0
e Notion to ar.and. (debatable only as to amendment) A notion
to amend an amendment is in order, but one to emend an amendment
to an amendment is not. An amendment modifying the intention of
a motion is in order, but an amendment relating to a different
ratter shall not be in order (A substitute motion on the same
subject is acceptable.) Amen! ^2nts are voted first, then the
.stn r_tlon ns r:ardmd
f. Votion to postpone. A motion to postpone indefinitely is
fully debatable and if the saw is adopted, the principal ques-
tion shall be delnred lost. Motions to postpone to a definite
time are amendable and debatable as to propriety of postponemnt
and tiro set. Motions to "refer" are almilarly nou debatable ex-
cept for the proprietor of referring.
Voting. The city clerk shall enter the vote upon the record.
a, poll call. Upon de.wnd of any member, mde before the nega-
tive has been put, the roll call shall ba tailed for yeas and
mays upon any question before the council It shall not be in
order for members to explain their vote during the roll call.
Any camber may change his vote before the pext order of business.
b. Failure to vote. Every member should vote unless dioquali-
fied for cause accepted by vote of the council or by opinion of
the city attorney Self- disqualification, with approval, which
results in a tic •mete, should be avoided as thwarting council
action
1. The abstainer, in effect, "consents" that a majority of
the quorum may act for him. While there is one viewpoint
which says that silence (by express abstention or otherwise)
constitutes an affirmative vote, the far cater rids is to
assume that the "votes" of councilman who are present but do
not vote my not be counted for any purpose. Under this
rule, only the audible ayes and noes my be counted.
2. Tie votes are "lost" motions, and my be reconsidered
later, but a lost motion does not imply the conversa- -thus
a lost motion to grant is not tantamount to a deafal.
4, Reconsideration Any member who voted uLth the majority may
move a reconsideration of any action at the same (or "have entered
on the minutes" for vole at the ntxt succeeding) meting, providing
no legal ridhtn ha r intervened to create an estoppel. After n
rntien for reconstderation has once been acted on, no other motion
for a reconsideration thereof shall be n,do without unanimous consent.
34
%i cis
5 Personal privilege. She right of a amber to address the ca ncil
on a question of personal privilege shall be iLelted to cases in which
his integrity, character, or motives are questioned or to where the
welfare of the council is concern d; may In.. nrr•.pt another ao.`aker if
he chafr-•� rrecgn.ree the
6 paint rf Or dgr. A point of order is permitted when called for
At any point in the proceedings and stops the proceedings until a
decision is rendered on the point of order. The Mayor rules to
either permit or deny the point of order.
7. Ap2eal. Any decision or ruling of the Mayor may be appealed
by requast of any mambcr She Mayor shall call for a roll call
to see if the chair shall be upheld; if the roll call loses, the
Mayor is reversed.
H. RESOLUSIOItS
1 Where the particular resolution has been prepared and is avail-
able for presentation.
a. Procedure. Motion, second, discuss Ion, voice vote, (i.e.,
all in favor signify by saying "aye" etc.), result leclared.
(It is not necessary to read s resolution in full or by title,
except to Ede Lfy it )
b. Any member "y call for a roll call vote (Cov. C. 36814), or
demand that tha resolution be read in full.
2. Where the particular resolution tins not been prepared.
a. Procedure. Motion, second, discussion., voice vote instruc-
ting the city attorney to prepare such a reaolution for presen-
tation.
b. This process may be waived in some rush utters and the
resolution may be presented verbally in motion form together
with instructions for written preparation tharaof for later
execution. In this event, the Same voting procedure above
should be followed
I. ^ DIHA#CES
�- 1 Where the particulnr ordlnrnce has not beer. prepared in advance.
a The city attorney =y be insrr.xtad to prepare the saro.
33
0 0
2. Where the particular ordinance has been prepared in advance.
A. Introduction (first reading):
__!,all „ 1 •ea+. u. • I an
ice ..char lot : ..r eve th_ . • t r, he
ae-n to be introduced by the reading thereof in full
2 The more usual and probably preferable method is to
have the same introduced or placed an first reading by
mot Son.
no. Any ordinance any be read at either or both of
first and second reading "by title only," if, after
reading the titles, further reading is waived by
regular cwtior, adopted by unanimous vote of tht council -
mn present (Gov. C. 36934).
bb. Voice vote procedure to "read by title only" is
act forth below Any eaxbar ray domed roll call
vote, and veto most be unanimous, otherwise ewtion
fails and the ordinance mat be read in full.
cc. ::o changes except clerical corrections are allowed
after first reading.
Aw onion
( • (no' lee$ than 5 days following first reading)
(Cow. C. 3693+)
1 Either mat be read in full, or if to be read "by
title only' the motion and voice vote procedure to used.
c Effective irate. All ordinances, except as provided In Cov.
C. 36937,ahall becara effective 30 days after adoption or upon
such later date as may be designated in the ordinance.
d. Publishing. It is the duty of the city clerk to publish or
poet the ordinance as set forth in Gov. C. 36933 within 15 days
after adoption; the ordinance will not tak: effect or be valid,
unless It is posted or published sub3tantially as required.
e E- ercency OrdinanceA. If any "neorgency ordinance" falls
to retLt" -' an affi.n [Lye vote of 4 /5thn of thi mmbers, sorb
ordi. dell no cr q•_ +'ify as an a_ar;ency vn3,' ant.
rrorgercv ardinnnces asst pass by a 4 /5ths vote, must be pub-
lished, and boc=c eftective LeradLeteLy (Gee- C 36937).
- rdinarc^. z!c:l•r.d void if no trua crgenev
existed
I. When Noeesenrv. An ordinance (not a resolution of
motion) is necessary:
1 To amend or repeal an ordinance
? So impose c- ninal snnctlans.
.. sunnt c catucc.- r: ,siremnnt.
J. MoTi n
1. Notions may be adopted by the "no objection" method unless any
member prefers voice or roll cell vote This method of expediting
is cocoon practice, and any defects are probably cured by the later
approval of minutes which should reflect a "no objection" vote as
"unanimously carried."
(NOTE: Approval of minutes should be affected only by voice or roll
call vote.)
2. In most cases a resolution is little more than a formal mocion
not forth in a separate written document. in a few mattars such as
assessment procedures or rezonings, a resolution is required.
K. HEARINGS
The follw.Ar.5 2- czedura is suggested for quasi - judicial hearings:
1. Precede the hearing by a statement from the Mayor lotting forth
toe nature of tha rnttar to be heard and the ground rules.
2 The staff presents its report and raeocoeadations.
3. All councilman should refrain from asking questions or in any
way interfering with the "audience participation" portion of the
public bearing
4. After the Mayor has declared that the "audience participation"
portion of the hearing has been concluded, councilmen may a: ques-
tions and the audience will be precluded from participation othec than
to answer questions asked or to rebut nev evidence introduced
S. Mayor will ask for motion, second and vote to close public bear-
ing
o Mayor mass ask for , otion (for or aSainsr) the subject at hand.
It this i3 srded, it ally, fur ^her discus +ton on a definitive
c eon
k1:pn .= u:sion on t - potion (:+s amended) is co ^pleted, the
Mayor vl:i e3k for a veto which will decide the issue
37
�i.'a
� s
L. CIWITERED CITIES
In chartered cities, most matters relatin: to Iegislative procedure
would be considered a "municipal affair ", and the city would be free to
adopt its own rules, except as specifically limited by or prescribed in
— :' Arcc.
H. REIATIONSHIP OF COMCIL TO ELECTORS
It asst be remembered that the councilren are elected by all of the
people to serve as representativa3 of all of the people; authority cod
responsibility for legislative anacteents are vested in the council.
California follows the coureil type of government where it is the function
of the representatives to do that which in their beet judgment is proper.
California does not follow the "Tam it2ating" type of government where the
people legislate. Therefore, the council has authority to limit debato on
any subject and to act regardless of the view points of limited groups.
The electors have delegated to the council the right, the power and
the duty to act; the same electors have reserved to thomselves the rights
of (1) petition, (2) election, (3) recall, (4) reforendan, (5) initiative,
and (6) taxpayers' suits. Both the councilmen and the electors met accept
the authority or pw4ars given (or reserved) to them, and exercise the same
accordingly and in good faith.
38
%IEEHO TO city council
The State Department of Financa automa•ically uses
an old formula of 3 times the registered voters of a now city
in order to fix the population for purposes of many state
subventions. The County Registrar of Voters certified that
there were 13,490 registered voters as of November 30 which
fix this official figure at 40,470.
However, it is my understanding that we can get
this adjusted in January'by getting an official estimate.
W,
December 7, 1971
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meeting
CALL TO ORDER The first regular meting of the City Council was held at
the Commmfty Service Building, 9161 Baseline Road, Rancho
Cucamonga, on Wednesday, December 7, L977.
The meeting was called to order at 7:35 p.m. by Mayor
Jame C. Front.
Tho pledge of allegiance to the flag was led by Mayor Janes
C. Frost.
The invocation was offered by Roy Houtz.
ROLL CALL Present: Council members Jon D. Mikels, Michael Palombo,
Phillip D. Schlosser, Charles A. West, and Mayor James C.
Frost.
MINUTES Hution: Moved by West, secondid by Palombo and carried
unanimously to postpone the reading of the minutes of the
special meeting of December 2, 1977 until the nest regular
meeting of December 21, 1977.
U.S. FLAG An U. S. Flag that had flown over the Capitol building in
PRESENTATION Washington. D.C. on the first election day for the new
city of Rancho Cucamonga was presented to the Council by
Ruth Carlo from the office of Ropresentative Jim Lloyd
of the 35th Dirtrict.
STATE FLAG A state flag and a certificate of filing for cityhood,
PRESENTATION signed by the Secretary of the State, were presented to
the Council by State Senator Ruben Ayala of the 32nd
District.
Congratulatio•s and bast wishes veto presented to the
Council by Larry Loffer, a representative of Assemblyman
Bill McVittie's officc of the 65th District.
CERTIFICATE An official certification of election vas presented to
OF ELECTION each Councilman by the County Registrar of Voters. William
Clinton.
COUNTY FLAG A San Bernardino County flag was presented to the Council
PRESENTATION by Robert 0. Townsend, chairman of the Board of Supervisors.
NAME PLATES Preprinted name plates were presented to the Council along
with congratulations from Supervisor Joseph Ramsnaky of the
2nd District.
RESOLUTION An offer of assistance in the form of a resolution from
CITY OF COLTON the Council of tho City of Colton was presented by
Mayor Abe Beltran.
NAP A map shoving the boundaries of tFe City of Rancho Coca-
PRESENTATION monga was preserted to the Council by Mrs. Laura Jones.
City Council Min
December 7, 1977
?ago 2
PLOVER Mayor Front acknowledged the gift of a boutonniere
PRESENTATION for the Councilmen, a corsage for the wives, and
a floral arranSCcant for the Council table which
was presented by Mrs Croce Bratell from the House
of Flowers.
MAYOR FROST'S Mayor Frost expressed appreciation to all who had
APPRECIATION helped.
SALES AND USE ORDINANCE NO. 9
TAX
AN ORDINANCE OF THE CITY COUNCIL OF THE
Ordinance No. 9 CITY OF RANCHO CUCANONGA, CALIFORNIA,
IMPOSING A SALES AND USE TAX TO BE ADHIN-
ISTERED BY THE STATE BGAFJI OF EQUALIZATION
AND PROVIDING PENALTIES FOR VIOLATIONS AND
PROVIDING FOR ITS ADOPTION AS All URGENCY
ORDINANCE.
Being an ordinance imposing a local sales and use tax
of 12, operative January 1, 1978, and providing for
its administration and collection, is introduced as
an urgency ordinance and is given first and final
reading{ was read by title only.
Hotiont Moved by Palombo, seconded by Schlosser and
unanimously carried to waive further reciing.
Motion: Moved by Palombo, seconded by Vest and carried
unanimously to adopt said Urgency Ordinance No. 9.
The motion carried upon the following roll call votes
AYES: Council members Mikels, Palombo, Schlosser,
Vest, and Mayor Frost.
NOES: No"
ABSENT: None
LOCAL SALES AND RESOLUTION N0. 77 -24
USE TAXI!,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
Revolution No. OF RANCHO CUCAMONGA, ^ ALIFORNIA, AUTHORIZING
77 -24 THE MAYOR TO EXECUTE AN AGREIMENT FOR STATE
ADMINISTRATION OF LOCAL SALES AND USE TAXES.
Being a resolution authorizing the Mayor to execute the
agreement of behalf of the City. Mayor Frost "),Ad
for an entire reading of the resolution.
Notions Moved by Schlosser, seconded by Mikels and
carried unanimously to adopt said Resolution No. 77 -24.
SALARIES FOR ORDINANCE NO. 10
CITY COUNCIL
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ESTABLISHING SALARIES FOR MEMBERS OF THE
CITY COUNCIL.
Being an ordinance establishing a salary of $200 per
month for members of the City Council, as permitted
by Government Code Section 36516, was introduced and
was given its first reading and was carried over to the
next regular council meting to be held December 21, 1977.
.,
City Council Minutes
December 7. 1977
Page 5
AUTHORIZING RESOLUTION NO. 77 -25
EXECUTION OF
WARRA4TS A RESOLUTION OF THE CITY COUNCIL OF THE C21Y
OF RANCHO CUCAMONGA. CALIFORNIA, AUTHORIZING
Resolution No. THE INTERIM CITY MANAGER TO EXECUTE WARRAY73
77 -25
Being a resolution to authorize H. X. Hunter, Interim
City Hanger, to erecute warrants on behalf of the City
was reed by title only.
Notions Moved by Palombo, seconded by Schlosser and
unanimously carried to waive further reading.
Motions Moved by Want, seconded by Palombo and unani-
mously carried to adopt said Resolution No. 77 -25.
SUBDIVISION Final maps for two subdivisions, Tracts No. 9729 and
APPROVAL 9377, xre presented for approval by the County
surveyor, Eugene Ehe.
Notions After a lengthy discussiou, a motion was made
by Schlosser, seconded by Palombo and unanimously
carried to delay a decision on these tracts and to
reconsider them at an adjourned meeting next WcJnasday,
December 14, 1977 at 7170 p.m.
TRI- COMMUNITY A summary of planning activity of the Tri- Community
CITIZENS Citizens Advisory Committee was mado by Linda Frost,
ADVISORY Chairperson of Land Use Subcommittee.
COMMITTEE
The Council favored continuing the Committee but wanted
more time for working out the details.
Motion: Moved by Palombo, seconded by Mlkols and carried
unanimously to continue the discussion until next Wednes-
day, December 14, 1977.
TRI- COMARRITY A proposed City Charter study was requested by the Tri-
INCORPORATION Community Incorporation Committee and was presented by
COMMITTEE Catherine V. Bridge.
Hotiont Moved by West, seconded by Palombo and carried
unanimously to form an advisory committee to investigate
a city charter and report back to the Council -- the
details of forming the committee to be later determined.
RECESS The Chair declared a recess, and at 9:45 p.m, the meting
reconvened with all members of the Council present.
NEW CONSTRUCTION In response to a request from Ralph D'Errico for conaldera-
TAX FOR SCHOOLS tion of a tax for school purposes on new residential can -
structLon, the Council, through the Interim City Attorney,
Samuel Crowe, informed Hr. D'Errieo that the direct tax
to beyond the authority of the City.
REQUEST OR In response to a written communication dated December 5, 1977
ABANDONMENT OF from Edward 1. Feduniss, President of H d H Wholesale
ROADWAY Lumber, Inc., the Counril heard the request for abandon-
ment of undedicated roadway (between Baseline Road and
Southern Pacific Railway tracts shown as a continuation of
Rochester Avenue).
City Council Minutes
December 7, 1977
Page 4
After much discussion, the following action was mado
by Palombo, seconded by Mikels and carried unani-
mously.
Motion: Moved to approve grade level subject to
the condition that H d H Wholesale Lumbar, Inc.
convey all of its right to access to Rochester
Avenue to the City of Rancho Cucamonga in a form
approved by the tnterim city attorney.
CONSIDERATION The Council's rasponee to a letter dated Docembac 5
OF TRACT 9472 1977 free, J. P. Kapp and Assoicates. Inc relative
to Tract 9472 wag in the form of a motiat.
Motion: Moved by Palombo, seconded by Schloaser and
carried unanimuslyto refer this item to the Cucamonga
County Water District.
RECESS The Chair declared a recess and in five minutes the
meeting reconvened with all Council members present.
REQUEST TO A request was made by H. K. Hunter, Interia City
DRAW A $1200 Manager, to draw a check for $1200 to reimburse
CHECK the office account of Covington and Crowe toward
a contract with State Compensation Insurance Fund.
(It in an estimate on their account).
Motion: Moved by Schlosser, seconded by Palambo
Eor the authorization to draw the check for $1200.
Motion carried unanimously.
1= V4SFER OF A report was made by Interim City Manager, H. K.
THREL EMPLOYEES Hunter, on the progress of the transfer of three
(3) employees from the district to the city.
A request was mode for authorization to spend $30
par employee for an actuarial report from Public
Employee Retirement System that is necessary in
order to rake the transfer. The survey would de-
termine what the city's cost would be for the
retirement system.
Motion: ?roved by Palombo, seconded by Schlosser
and carried unanimously the motion to authorize the
actuarial report.
CITY MANACFR Mr. Il, K. Hunter, Interim City Hunager, informed
RECRUITMENT the Council that the requirements to fill the
position of City Manager for the City of Rancho
Cucamonga have been developed and released to
professional journals and will be given to the
locel newspapers.
POPULATION An Informational report was made by the Interim
ESTIMATE City Manager, H. K. Hunter, on population figure
of 40,470 which is fixed an of November 30. lie
also stated that the City of Rancho Cucamo nga could
qualify for a free estimate of population in January.
City Council Minutes
December 1, 1977
Page S
COOPERATION RESOLUTION NO. 77 -26
AGREEMENT WITH
COUNTY A RESOLUTION OF THE CITY COUNCIL OF THE
CITY 07 RANCHO CUCAMONGA, CALIFORNIA,
Rasolution No. AUTHORIZING THE KAYOR AND THE CITY CLERK
77 -26 TO SIGN COOPERATION AGREEMENT WITH COUNIY.
Being a renolution to permit the execution of s Coopera-
tion Agroement ad suthorized by C -ction 102 (a) (6) of
the Housing and Community Development Act of 1!,74, so
as to allow participation by the City in Housing and
Community Development Act grant funds.
The resolution war read by title only.
stations Moved by Schlosser, seconded by Mlkels and
unanimously carried to waive further reading.
Notion: Ito•,ad by Palumbo, seconded by Schlosser and
unanimously carried to adopt Resolution No. 77 -26 and
that the Mayor be authorized to sign the Cooperation
Agreement.
ACTING CITY RESOLUTION NO. 77-
TRTA G ER
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CAL7FOR.4IA,
APPOINTING THE ACTING CITY TRE%SURER
Being a resolution to appoint an acting City Treasurer
to serve t2 the pleasure of the City Council and re-
quiring tho posting o• a bond
Motions Moved by Mlkels, seconded by Palumbo and
unanimous:;, carried to postpone any action on this
Resolution No. 77- until the next regular meting of
December 21, 1977.
rINA4CE RESOLUTION NO. 77 -27
CMDRTTEE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA. APPOINTING
A FINANOE C"ITTEE.
Being a resolution appointing two (2) members of the
City Council as members o! the City's Pittance Co ®Lttee
pursuant to Ordinance No. 6.
ibieolution No. 77 -27 was read by title only.
Motions Moved by Palumbo, seconded by Schlosser and
carried unanimously to Waive farther reading
Notdmationnt Councilman Feat nominated Mika Palumbo.
Councilman Schlosser nominated Charles Host.
Motions Moved by Schloeaor, seconded b) Palumbo to
close nominations. Unanimously curried.
Motiioa: Moved by Paloebo, seconded by Nest and carried
unanimously to adopt said Resolution No. 77 -27.
Da000ber 7, 1977
Page 6
REPORT Hr. Dan Yobser, Yield Representativ. for Supervisor
yOOTHR L Rsmansky, gave a brief informational repot: on the
FRSEVAT Foothill Freeway.
A70URNHENr Notion: Hovad by Schlosser, seconded by Hikeis and
carried unanimously to adjourn the meeting to December
16. 1977 at 7:70 p.m. to be held at the Comunity
Semi" Building, 9161 Baaelios Road, to hear the
two (2) tract Stems and also the Citizens Advisory
Committea.
Respectfully submitted,
`G. rCy Se:r�llsti
Betty Hazclton
Helper to Acting City Clerk
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