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HomeMy WebLinkAbout2005/11/02 - Minutes . . . November 2, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II A. CALL TO ORDER ~ The Rancho Cucamonga City Council held a closed session on Wednesday, November 2, 2005, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; and Joe O'Neil, City Engineer. * * * * * * B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Mayor Alexander announced there was a request to add the following item to closed session due to its urgency in nature: B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS APN 0209-242-06, ARMANDO AND YADIRA AMADOR, AND JOE O'NEIL, CITY ENGINEER, NEGOTIATING PARTIES - CITY MOTION: Moved by Williams, seconded by Michael to add the above listed item. Motion carried unanimously 5-0. * * * * * * II C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) II No one was present to comment on the closed session item. ****** II D. CONDUCT OF CLOSED SESSION II Closed session began at 5:35 p.m. * * * * * * E. CITY MANAGER ANNOUNCEMENTS AND REPORTS * * * * * * City Council Minutes November 2, 2005 Page 2 F. RECESS II . II The closed session adjourned at 6:37 p.m. with no action taken. * * * * * * CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq II A. CALL TO ORDER II A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 2, 2005, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:05 p.m. Present were Councilmembers: Rex Gutierrez, L. Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; D. Craig Fox, Assistant City Attorney; Kevin Ennis, Planning Commission Attorney; Linda D. Daniels, Redevelopment Director; Lorraine Phong, Sr. Information Systems Analyst; Sam Davis, Sr. . Information Systems Specialist; Joe O'Neil, City Engineer; Dan Coleman, Acting City Planner; Mike Diaz, Sr. Planner; Tom Grahn, Associate Planner; Cathy Morris, Planning Specialist; Trang Huynh, Building Official; Francie Palmer, Marketing Manager; Deborah Clark, Library Director; Lieutenant Scott Mesa, Rancho Cucamonga Police Department; Chief Peter Bryan, Rancho Cucamonga Fire Protection District; Kimberly Thomas, Management Analyst III; Shirr'l Griffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Clerk. * * * * * * II B. ANNOUNCEMENTSIPRESENTATIONS II B1. Presentation of GFOA Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year ending June 30, 2004. Genie Roberts, representing GFOA and Finance Director for the City of Temecula, presented the Certificate of Achievement to the City Council. Larry Temple, Administrative Services Director, and Tamara Layne, Finance Officer were recognized for all their hard work. Tamara Layne, Finance Officer, thanked the Finance Department staff for all of their hard work, and thanked the City Council for their support. B2. Presentation of a Proclamation to Boy Scouts of America Troop 650 for their involvement in organizing relief efforts for the hurricane victims of Biloxi, Mississippi, and a video presentation from Troop 650. The City Council presented the Proclamation to Troop 650. A video was also shown demonstrating their relief efforts due to the recent hurricanes. . City Council Minutes November 2, 2005 Page 3 . B3. ADDED PRESENTATION - Presentation of Certificates of Recognition to businesswomen of distinction from Russia in recognition of their participation in the international cultural exchange of ideas, goodwill and understanding. Councilmember Williams introduced the Russian businesswomen in attendance and told about their businesses they have in Russia. They were all presented with Certificates of Recognition. * * * * * * II C. PuBLIC COMMUNICATIONS II C1. John Lyons, Etiwanda area of the City, reminded everyone about a history-making event when the Council decided to add Station 7 to the northwest portion of the City. He asked if items E1 and E2 could be pulled for discussion so a report could be given for the community's information. He mentioned a recent newspaper article about motorcycles and felt people should be aware of motorcycle safety. He reminded everyone about the Founder's Day parade coming up and commented on the new location where it will be held at the Victoria Gardens Shopping Center. C2. Duane Thomas, Associated Artists of the Inland Empire, stated they have a partnership with the City where they have monthly meetings. He stated their purpose is to promote arts in the community. He stated they have 250 members with the majority of those being in Rancho Cucamonga. Frank Cardinale, Associated Artists of the Inland Empire, commented on their recent show and wanted to present the Mayor and City Council with a lapel pin from their organization. . Councilmember Williams asked if you had to be an artist to be part of their group. Mr. Cardinale stated no. Jim Cooper, Associated Artists of the Inland Empire, stated he was present to promote their Art Association. He thanked the City Council for what they have done for the City. He stated he is proud the City is taking on the arts and the culture that comes from that. He stated there are a iot of talented people in the City of Rancho Cucamonga. C3. Alan Hostetter stated he is representing the people that want to keep Highland closed between Fairmont and 191h Streets. He stated they have gathered 400+ petition signatures pertaining to this and will be presenting them to the City Council tonight. He recognized Royce Borden, Wendy and Corey Hostetter, Carolyn - his mother-in-law, Kim Morris, Ashley and Dawn Pendziwiatr, Jeff Noll, Kevin Bogart, Laura Summers, Chris Finley, Jennie Chavez, Joe and Lupe Mesa and Jennetta Harris. He stated all of these people have helped with this effort and care about their community. He thanked them for their time. He presented the petitions to the City Clerk. C4. Dawn Pendziwiatr stated she was also part of this effort. She told about her experiences while gathering signatures. She talked about people racing through the stop sign at Fairmont and Kenyon. She commented on Murphy the dog and stated he has been adopted. She stated his vision is better than 50% and she thanked Pam Easter, Deputy City Manager, for her assistance with this effort. She thanked the public for donations as well. She commented on Pat Dunaway stating she keeps appearing at meetings and sharing negative comments when she doesn't even live in the City. She asked her to volunteer at the shelter. . C5. Guy Eisenbrae stated he is in opposition to leaving Highland closed. He stated this is a public road that is maintained by the City and did not think it should remain closed. He stated because of the closure people are forced to travel the freeway. He stated it would be nice if everyone lived in a gated community to prevent some of the traffic going through their neighborhood. City Council Minutes November 2, 2005 Page 4 C6. Kevin Hoyt stated New York Firefighter Bill Spade, who participated in the 9-11 memorial event, signed a shirt that he wanted presented to the City Council. He also commented on the motorcycle ride that took place. He also talked about Rosa Parks and what she accomplished in her life. He presented to the Council a piece of artwork signed by Ms. Parks to be hung in a special place. . C7. A man, who did not identify himself, stated he is in favor of the closure of Highland. He felt if the street were opened there would be more traffic, drag racing and accidents, and felt it should remain closed. C8. Hilda Phillips, Terra Vista, stated she loves the City of Rancho Cucamonga. She stated she has been involved with the Senior Art Show. She stated her heart is full of love for the arts. She wanted to remind and urge people to vote on November 8 no matter what their preference. She stated people are fighting overseas for our freedom and we should be sure and vote. C9. Christiana Harris felt the streets should be left closed at Highland. She stated it is a small inconvenience, but is willing to tolerate it because of the benefits involved as far as safety. C10. Kathy Tiegs stated she is running for the CVWD Board and is willing to serve the community. C11. Nicole Myerchin presented information showing the response time of 9 minutes and 4 seconds in an effort to save her sister. She felt this was unacceptable, but stated she didn't know if it would have made a difference if they had got their sooner or not. She stated it is long overdue for the City to fix the response time issue in the City. She felt the new stations should get built now so people do not die. She stated this needed to be fixed now. She referred to a newspaper article in the Inland Valley Daily Bulletin regarding County windfall money. She felt the Board of Supervisors should return the City's $377,000 they paid for transition costs for the animal shelter. She asked if a City knows that one of their contractors was breaking the law, wouldn't the City have some responsibility. She stated animals are dieing and this needs to be addressed now. . C12. Danielle Noll commented on the bus stops on Fairmont and Kenyon. She stated if Highland is opened up, she will not let her children use the bus stops. She stated this will also create more traffic. C13. Matt Jones wanted to talk about emergency response times. He stated he has been on a ride along with the Fire Department, and talked about his experience. He also told about another incident in Idaho where he was hurt. * * * * * * D. CONSENT CALENDAR D1. Approval of Minutes: October 19, 2005 D2. Approval of Warrants, Register Nos. 10/12/05 through 10/25/05 and Payroll ending 10/25/05 for the total amount of $7,010,839.98. D3. Approval of the Annexation to Landscape Maintenance District Nos. 7 and Street Lighting Maintenance District Nos. 1 and 7 for 12770 Amber Lane, located on the north side of Amber Lane, west of Etiwanda Avenue, submitted by James L. Previti. RESOLUTION NO. 05-304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR 12770 AMBER LANE (APN: 0225-111-32) . City Council Minutes November 2, 2005 Page 5 . D4. Approval of Historic Landmark Designation DRC2005-00600 - Janette L. Huckins, to designate the house at 6862 Etiwanda Avenue as a Designated Local Landmark - APN: 1089-511-07. Related File: Mills Act Agreement DRC2005-00601. RESOLUTION NO. 05-305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DESIGNATION DRC2005-00600, DESIGNATING A HOUSE LOCATED AT 6862 ETIWANDA AVENUE AS A HISTORIC LANDMARK; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1089-511-07 D5. Approval of Mills Act Agreement DRC2005-00601 (CO 05-109) with Janette L. Huckins, to implement the use of the Mills Act to reduce property tax on the house at 6862 Etiwanda Avenue, currently applying for a Historic Landmark status - APN: 1089-511-07. Related File: Landmark Designation DRC2005- 00600. D6. Approval of a Supplemental Settlement Agreement (01-041) with the County of San Bernardino related to Criminal Justice Administrative Fees (Booking and Processing Fees). D7. Approval of a contract extension with Sunshine Windows (CO 02-134) to June 30, 2006 for window washing services for City facilities with the option to renew for additional one year periods up to two additional years upon mutual consent and confirmation of pricing not to exceed $86,350 annually, which includes $25,000 for anticipated extra work related to construction and opening of the Cultural Arts Center to be funded from 1 001 312-5304. . D8. Approval of a Professional Services Agreement (CO 05-110) to Applied Metering Technology, Inc., for installation, configuration and meter testing services within the Rancho Cucamonga Municipal Utility service area, to be funded from Acct. No. 1705303-5309. D9. Approval of a Reimbursement Agreement (SRA-37) and payment in the amount of $77,668.00 for installation of Master Plan Transportation Facilities on the south side of 61h Street between Charles Smith Avenue and Hyssop Drive in conjunction with the construction of Parcel Map 16010 (DRC2002-00750), submitted by RKW Development Corporation, to be funded from Transportation Reimbursement Acct. No. 1124303-5650/1026124-0. RESOLUTION NO. 05-306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT, SRA NO. 37, FOR CONSTRUCTION OF THE SOUTH SIDE OF 6TH STREET BETWEEN CHARLES SMITH AVENUE AND HYSSOP DRIVE, ASSOCIATED WITH THE CONSTRUCTION OF PARCEL MAP 16010 D10. Approval to accept Improvement, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for DRC2002-00132, located at the northeast corner of 61h Street and Cleveland Avenue, submitted by 61h and Cleveland, T.I.C. RESOLUTION NO. 05-307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2002-00132 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK . City Council Minutes November 2, 2005 Page 6 D11. Approval to release Faithful Performance Bond No. 08658626 in the amount of $589,162.00 for the Milliken AvenuefWilson Avenue Extension, Milliken Avenue from 1380' north of Banyan Street to Wilson Avenue and Wilson Avenue from Day Creek Channel to Milliken Avenue, Contract No. 04-008. . D12. Approval to release the Faithful Performance Bond No. 216104 in the amount of $77,666.90 for the ADA 2003/2004 Access Ramp and Drive Approach Improvements, Contract No. 04-068. D13. Approval to accept the Renovation of Two Baseball Fields at Red Hill Community Park, Contract No. 05-057 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $37,352.50. RESOLUTION NO. 05-308 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE RENOVATION OF TWO BASEBALL FIELDS AT RED HILL COMMUNITY PARK, CONTRACT NO. 05-057 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Gutierrez to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. * * + * * * II E. CONSENT ORDINANCES II . E1. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2005-00437 - A request to amend the regulations for second dwelling units for consistency with changes in State Law. REMOVED FOR DISCUSSION BY JOHN LYONS. ORDINANCE NO. 748 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVISING REGULATIONS APPLICABLE TO SECOND DWELLING UNITS IN CONFORMANCE WITH STATE LAW, AND AMENDING TITLE 17 (THE DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE E2. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2005-00639 - A request to amend the regulations for granting of density bonuses and related incentives for consistency with changes in State Law made by Senate Bill 1818. REMOVED FOR DISCUSSION BY JOHN LYONS. ORDINANCE NO. 749 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REVISING REGULATIONS APPLICABLE TO THE GRANTING OF DENSITY BONUSES AND RELATED INCENTIVES, AND AMENDING TITLE 17 (THE DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE A staff report was presented by Dan Coleman, Acting City Planner, on items E1 and E2 as requested by John Lyons under Public Comments. Mayor Alexander commented that the City is mandated to do this. . . . . City Council Minutes November 2, 2005 Page 7 John Lyons stated this has the potential to double our density, which would have a lot of negative impacts. He felt it was a very negative thing. Mayor Alexander stated Mr. Lyons was correct, but the City has to obey the law until the law is changed. Mr. Lyons felt somebody has to take the bull by the horns and do something about this. Mayor Alexander stated this will not double the density as Mr. Lyons has stated. He felt he should get himself more familiar with the Ordinance. He suggested Mr. Lyons contact legislators about this because they are the ones to make the laws. Councilmember Williams stated the City has been represented, wrote many letters and testified against this law. Councilmember Michael stated the state legislature did not feel the cities are providing enough housing for all income levels, and if the cities don't comply, the State will come down harder on cities. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 748 and 749. MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and approve Ordinance Nos. 748 and 749. Motion carried unanimously 5-0. * * * * * * II F. ADVERTISED PuBLIC HEARINGS II A recess was taken at 8:37 p.m. The meeting was called back to order at 8:49 p.m. with all Councilmembers present except Mayor Alexander. F1. CONSIDERATION OF APPEAL OF PLANNING COMMISSION DECISION AMENDING THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 94-01 AND ENTERTAINMENT PERMIT 91-03 FOR MARGARITA BEACH. LOCATED AT 9950 FOOTHILL BOULEVARD - APN: 1077- 621-34 (CONTINUED FROM SEPTEMBER 21, 2005) See the attached transcript for minutes of this item. A recess was taken at 11 :18 p.m. The meeting was called back to order at 11 :28 p.m. with all Councilmembers present. ******** * * * * * * II G. PuBLIC HEARINGS II No items submitted. * * * * * * City Council Minutes November 2, 2005 Page 8 . H. CITY MANAGER'S STAFF REpORTS ITEM H2 WAS CONSIDERED AT THIS TIME. THE MINUTES WILL REMAIN IN AGENDA ORDER. H1. PRESENTATION ON CDBG HOUSING IMPROVEMENT PROGRAM (power point presentation) A power point presentation, which is on file in the City Clerk's office, was given by Tom Grahn, Associate Planner. Cathy Morris, Planning Specialist, was also present to answer questions and provide input. ACTION: Report received and filed. H2. CONSIDERATION TO INITIATE MUNICIPAL CODE AMENDMENT - QUALITY PROJECT COORDINATING DRC2005-00829 - A request to amend Title 14 Sign Ordinance, Section 14.20.100 Permitted Signs - Commercial and Office Zones, to allow subtenant wall signs for a business within a major anchor tenant occupying less than 50,000 square feet in floor area. A staff report was presented by Dan Coleman, Acting City Planner. Councilmember Williams stated she is concerned because there have been some stores that have asked for additional signs for advertising purposes, and the City has said no because we want to keep it the way it is. She stated she is concerned because we have allowed so much of our Sign Ordinance to go by the wayside and we have a "junky" look in a lot of places. She stated her opinion is to leave this the way it is. She added if you go into any store, you can walk around and see a booth selling flowers, Toastmasters or whatever and didn't think there needed to be these signs on the outside of a building. She felt this should be ieft the way it is. . Mayor Alexander opened the item for public comment. Addressing the City Council were: John Lyons felt the City Council should change the Ordinance. He stated we have these types of things popping up everywhere with people permanently residing inside buildings. He felt some kind of signage or Ordinance should be developed to let people know they are in there. He felt it should be put in a style that Rancho Cucamonga has done everything else in. He stated these are all over the City and there should be some kind of signage out there. Councilmember Gutierrez asked how this is different than the grocery stores that have a bank inside. He stated usually there is some type of sign outside. He asked if it was because of the part of town it is in. Dan Coleman, Acting City Planner, stated it has nothing to do with the area of town it is in, that it has to do with the size of the bank. He stated it is the bank at Foothill and Vineyard inside Albertson's that resulted in the amendment to the Ordinance, and added that bank was greater than 400 square feet. Mayor Alexander opened the meeting for public comments. Addressing the City Council was: Joyce Seahigh with Quality Project Coordinating, stated she is the permanent expeditor for the sign contractor that has been contracted to the Verizon Wireless sign. She stated Verizon Wireless has installed numerous signs at almost all of the Circuit Cities throughout Southern California. She stated they are looking for signage to identify themselves. She stated co- habitation in businesses like this is becoming very common. She stated you see it with the fast food industry, the grocery stores and the banks. She stated Verizon felt they were limited by the parameters that were set by the City and decided they would like to pursue this . amendment. Councilmember Spagnolo asked if this is a Gateway Center, and if there is a sign at the entrance to the complex that displays who is in that complex. . . . City Council Minutes November 2, 2005 Page 9 Dan Coleman, Acting City Planner, stated it is referred to as a Gateway Center and that there are monument signs. He stated our Ordinance does allow subtenants to have signs on the monument signs, but that this does not meet the criteria under our current Ordinance to qualify for this. Councilmember Williams asked what the criteria was. Dan Coleman, Acting City Planner, stated you have to be at least 400 square feet. Councilmember Michael felt if we change this and lessen the square footage it could hurt the integrity and intent of the Sign Ordinance for those subtenants. He stated he supports leaving this as it is. Mayor Alexander stated the Council has spent many meetings going through the whole Sign Ordinance in the past. He stated he may not disagree with some of the things being proposed, but felt if we are going to do anything we should not go through and handpick certain things to reconsider. He stated if the business people have a concern about the way economics are changing and the way business is changing, he felt there should be a comprehensive look at the entire Sign Ordinance. He added he did not feel we should hunt and peck and change things one at a time. Councilmember Williams stated she agreed with Mayor Alexander's comments. She also stated she still feels numbers on the buildings should be large enough to see from the street. She felt accidents have probably occurred because people have tried to find something while driving and can't see an address. Councilmember Gutierrez stated he has seen businesses in Costco with nothing more than a table for Verizon or Sprint, but felt we needed the standard on size before signs are allowed. MOTION: Moved by Williams, seconded by Gutierrez to deny the request and maintain current standards. Motion carried unanimously 5-0. ITEM H1 WAS CONSIDERED AT THIS TIME. THE MINUTES WILL REMAIN IN AGENDA ORDER. * * * * * * II I. COUNCIL BUSINESS II 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Michael had nothing to report. Councilmember Spagnolo had nothing to report. Councilmember Williams stated there will be a Pacific Electric Trail meeting held November 8 at the Community Center. She also stated women with heart disease need to pay attention when they are very fatigued because that is a sign of this disease. Councilmember Gutierrez wanted to recognize the Rancho Cucamonga Stake of the Jesus Christ for Latter Day Saints for their clean up of trash and weeds from Amethyst to Rochester during the week. He thanked the Scouts tonight for a great presentation. He asked for a report on the response time of Nicole Myerchin's sister's accident. He mentioned Dawn Pendziwiatr and thanked her for fostering animals. Mayor Alexander stated tonight he heard what he thought were some of the most distasteful comments he has ever heard from Mr. Gutierrez. He stated comments were made to make him look bad because of his son's incarceration. He stated he wasn't in the room when the Margarita Beach item was heard and that he found this fully distasteful to attack somebody that is not present. He stated the superficial spiritual values that are claimed are ridiculous and almost laughable. He stated Mr. Gutierrez's City Council Minutes November 2, 2005 Page 10 comments made about his family were uncalled for. He felt he was a disgrace for brining this up. He stated he is tired of him bringing his family up and wished he would refrain from it. . Councilmember Gutierrez stated the reason he did this was to find out all the facts about Margarita Beach so he could make a good decision. He stated he wanted to get to the bottom of what is going on with Margarita Beach. 12. DISCUSSION OF THE REESTABLISHMENT OF THE CITY COUNCIL'S ANIMAL SHELTER AD HOC SUBCOMMITTEE Councilmember Spagnolo stated since it is so late in the evening, he would like to discuss this at the next meeting so those that wanted to hear it can be present for this item. 13. LEGISLATIVE UPDATE (Oral Report) Councilmember Williams stated iegislators are doing a lot of "politicking" and there is nothing else to report. 1< 1< 1< 1< 1< 1< ******** Councilmember Gutierrez stated he would like a report to come back at the next meeting regarding the Aim All Storage project and also the graffiti program. ******** 1< 1< * 1< 1< 1< . II J. ADJOURNMENT 11 MOTION: Moved by Williams, seconded by Michael to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 12:00 a.m. Respectfully submitted, Approved: December 7, 2005 . . COUNCIL MEETING, NOVEMBER 2, 2005 Page 1 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 2 CITY OF RANCHO CUCAMONGA . AUDIOTAPE TRANSCRIPTION OF CITY OF RANCHO CUCAMONGA COUNCIL MEETING OF NOVEMBER 2, 2005 - ----];)~ANNE- -JONES-&---AS SOCIATES 310.472.9882 . RANCHO CUCAMONGA 1 RANCHO CUCAMONGA, CALIFORNIA 2 3 CITY OF RANCHO CUCAMONGA COUNCIL MEETING 4 5 November 2, 2005 6 7 8 MAYOR: As a matter of fact, this is 9 probably a good time to do it. Thank you for 10 mentioning it. Thank you for mentioning it. 11 Before we. do take a break, since I'm going 12 to be recusing myself from the next item, I'd like 13 to make -- the City Attorney basically. 14 MR. MARKMAN: Right before we get to item 15 Ft. the hearing, I've discussed this matter with the 16 Mayor. In order to avoid any claim or issue that 1 7 there is a biased member of the counsel invol ved in 18 this hearing, the Mayor's decided to abstain from 19 participating in the hearing. Mayor Pro Tem will 2 0 conduct the hearing as chair. 21 The way the hearing is going to be set up 2 2 so people can understand this when they come back 23 from the break, it's the intention of the chair to 24 have staff give a report and then all persons in the 25 audience who wish to testify on behalf of the ._ __DTANNE_JONES_&_ASSOCIATES__ 310.472.9882 COUNCIL MEETING. NOVEMBER 2, 2005 Page 3 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 4 1 Planning Commission's disposition of this issue, 2 that is, what has been appealed to oppose any change 3 based on the appeal would then testify. And then 4 after that, anyone supporting the appellant will 5 have an opportunity to testify so that we don't just 6 have random people popping up on one side of the 7 issue or the other throughout the evening. 8 There will be an opportunity forrebuttal 9 after that if anybody wishes to do so. So that's 10 the way the Mayor Pro Tern will conduct the hearing 11 when we come back from the break. 12 Take about a five-minute break. 113 (A recess was taken.) , 14 MAYOR PRO TEM: In consideration of appeal t ~ 5 of Planning Commission's decision amending the .L 6 conditions of approval for Conditional Use Permit 17 94-0t and Entertainment Permit 91-03 for Margarita 18 Beach, tocated at 9950 Foothill Boulevard. This is 19 a hearing continued from September 2tst 2005, and, 20 as I said, we're going to have a staff report first. 21 JACK LAM: Mr. Mike Diaz from the Planning 22 Department, please. 23 MR. DIAZ: Good evening, Mayor Pro Tern ~ Williams, fellow counsel members and members of the ~ublic. DIANNE JONES & ASSOCIATES 310.472.9882 1 My name is Mike Diaz, and I'm the case 2 planner for the project that is before you tonight. 3 The item is an Appeal of the Planning Commission's 4 decision of July 13, 2005 which modified the 5 conditions of approval that pertain to Margarita 6 Beach. Those modified conditions of approval were 7 in regard to the existing CUP and the existing 8 entertainment pennit for that business. 9 The resolutions passed by the commission 10 that evening were the culmination of a long public 11 review process which began in February of this year 12 and involved at least three major public meetings on 13 March 9th, June 22nd and July 13th. 14 The appeal of the Commission's decision was 15 made on behalf of Mark Davidson by his 16 representatives. Mark Davidson is the owner of 17 Margarita Beach. 18 Since the appeal was made, the 19 imptementation of the new conditions of approval by 20 those -- imposed by those resolutions may have been 21 stayed until the matter is final resolved. 22 In the staff reports you received for the 23 meeting, we provided you with what we thought was a 24 concise background of the issue, as well as a break 25 down of significant issues regarding the conditions DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-dBOb-4345-87dd-6c7e5a85ecdf , crTY OF RANCHO CUCAMONGA COUNCIL MEETING, NOVEM~ER 2, 200S Page 5 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 6 1 of approval. _This was the inch of information that you eceived, including the two resolutions that were approved by the Planning Commission, and the rest of 5 the supporting documents that we indicated at the 6 end of the staff report. 7 You also received a binder trom the 8 appellant prepared by his representatives, which 9 basically provided the basis for their appeal. This 10 is what you got in the packets or with your packets. 11 You also received a transmission which 12 supplements that particular binder with further 13 information, and because the items -- these item -- 14 at least the items from the appellant were delivered 15 on Wednesday afterthe staff report had been 16 prepared, we weren't able to fully address any of 17 the issues that were raised in the particular binder . 18 in your report. 19 Subsequent to that, the appellant's 20 attorney asked if staff could provide you with more 21 information which explains why you got the other 22 packet before you. In our ability -- in our rush to . 2:i get this to you as soon as possible on Monday, I ! 24 prepared a short table of contents which at least . 25 identified those particular documents that were - -D~ANNE -JONES-&--ASSOCJ:A'I'ES 310.472.9882 1 therein. 2 I also provided you with an amended one 3 which gave you a little bit of a background and a 4 source for those particular items and those were, I 5 believe, put at your dias sometime today. 6 I apologize if the earlier Table of 7 Contents provided was inadequate for you, but 8 hopefully the second one will be... 9 MAYOR PRO TEM: Do you have another copy of 10 that? 11 MR. DIAZ: Sure. 12 MAYOR PRO TEM: I don't think we have that. 13 I got the whole packet, but I didn't get the -- 14 (inaudible) 15 MR. MARKMAN: For the record, this is all 16 information on the June 13th client meeting minutes 17 and items that were put into evidence at that 18 meeting. What hadn't been distributed. So you 19 distributed Monday at our request, and then you've 20 redistributed to the council with a cover sheet that 21 identifies the source of all those materials because 22 they weren't identified otherwise. If you went 23 through the minutes, you could probably figure out 24 who put in each one of those items, but now you're 25 trying to explain that. So that's the second --DIANNE-JONES-&-ASSOCIATES- - 310.472.9882 . RANC'O CUCAMONGA COUNCIL MEETING, NOVEMBER 2, 200S Page 7 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 8 1 page -- 2 MR. COLEMAN: It's the information that 3 residents and Margarita Beach presented to the 4 Planning Commission at the July 13th meeting. 5 MR. DIAZ: Right. So the council has now 6 two versions of the June t 3th ^ something. One 7 that was distributed before and one that was 8 distributed with your cover sheet that explains the ,. 9 source of each item. This would be a supplemental Ii: i 0 information-- ii' n DENNIS MICHAEL: That's new. '12 MR.DIAZ: This was from the July t3th 13 meeting that was five minutes that night. 14 DENNIS MICHAEL: I'm sorry. 15 MR. DIAZ: At the request of -- with the 16 advice of our attorney. 17 What I was referring to was a revised table 18 of contents. 19 DENNIS MICHAEL: Okay. So in that packet 20 that the table of contents refers to, all of that 21 information in that packet was made part of the 22 recordonJulyt3? 23 MAYOR PRO TEM: That is correct. ?_ Given the amount of information that was ~ovided in that binder, as I explained earlier, and DIANNE JONES & ASSOCIATES 310.472.9882 I, !t ~_1"- 1 the time frame in which we received it, we had hoped 2 to get it a little earlier to respond to, we weren't 3 able to provide anything in the staff report. 4 However, we have read the documents and we1ve 5 reviewed them, and I can make the few following 6 comments in regards to the documents or the 7 information contained in there. 8 First of all, we wanted to first of all 9 appreciate the information that we got. 10 Unfortunately it was a little late, but it's at 11 least information based -- gives you some of the 12 appellant's reasons for their appeal. 13 We also wanted to make clear that the 14 assertion that the conditions of approval of the new 15 resolutions added dozens of conditions of approval 16 is a bit of an overstatement. While it's true that 17 there are more conditions of approval for the CUP 18 and entertainment permit, there are exactly ten more 19 conditions for the CUP and five more conditions for 20 the entertainment permit. 21 So we -- most of those conditions are 22 either restatements of the existing ones that were 23 there previously or elaborations, let's make things 24 a little more clear, and in some cases there are new 25 conditions of approval. For example, one would be DIANNE JONES & ASSOCIATES 310.472.9882 dB40b9c6-dBOb-434S-B7dd-6c7eSaBSecdf COUNCIL MEETING, NOVEMBER 2, 2005 Page 9 COUNCIL MEETING. NOVEMBER 2, Z005 CITY OF RANCHO CUCAHONGA Page 10 CITY OF RANCHO CUCAHONGA 1 the search-light condition on one of the conditional .se pennits -- on the use permit. The appeal also asserts that the nature of 4 the original business was altered by subsequent 5 approvals by the Planning Commission for different 6 CUP's throughout the years. The implication is that 7 the city essentially sanctioned the use that we have 8 today by those amendments, but staff has 9 consistently held that the fundamental use of the 10 site has always been a restaurant and we based our 11 decision on a review of the three major approvals 12 that were granted since 1988. 13 If you will indulge me just for a moment. 14 In December of 1988, the CUP 8845 was approved by 15 the Planning Commission which allowed the sale of 16 hard liquor for on-site consumption in an existing 17 restaurant. That's the wording actually from the . 18 resolution. '. 19 The resolution also uses the phrase 20 "incidental sales of alcoholic beverage as menu 21 items in conjunction with the sale of food." 2 2 Condition 5 of that resolution uses the phrase 2 3 "serving of alcohol beverages in conjunction with 2 4 restaurant usage." Condition 6 stipulates the 2 5 operation hours at that time were from 11:00 a.m. to ---f)~ANNE-~JONES-&-ASSOCIATES- 310.472.9882 1'* RANC~O CUC~ONCA 1 II :00 p.m. 2 A few years go by, in 1991 the CUP is 3 modified by the Planning Commission. In this case 4 they allow the expansion of the restaurant use by so 5 many square feet. They approve a change in the 6 operating hours, and they also allow for live 7 entertainment. And again, the phrase used in those 8 resolutions is "in conjunction with the restaurant 9 and bar." 10 The restaurant name changes at that point 11 in time from Siam Garden into Skipper's Bar and 12 Grill. As I said earlier, the expansion applies to 13 the expansion of the existing restaurant square 14 footage so it went from one lease space to the 15 current two leased spaces that they have now. 16 The closing hours were also changed to 17 2:00 a.m. 18 REX GUTIERREZ: When was that? 19 MR. DIAZ: 199t 20 MR. GUTERREZ: '91 changed to 2:00 p.m. 21 MR. DIAZ: 2:00 a.m., yes. 22 The resolution finding -- in the 23 resolution, finding E defines the nature of that 24 live entertainment as consisting of a small band, 25 disc jockey and comedians from 8:00 p.m. to .. _DIANNE_JDNES_&_ASSOCIATES___ 310.472.9882 COUNCIL MEETING, NOVEMBER 2. 2005 Page 11 COUNCIL MEETING. NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 12 1 2:00 a.m. seven days a week. 2 There were t I conditions at that point in 3 time and no change in the basic understanding of the 4 primary use as being a restaurant use. 5 At that same evening the Planning 6 Commission also approved an entertainment permit, 7 and at that point they, I guess, actually sanCtioned 8 the conduct of live entertainment and dancing to 9 Skipper's Bar & Grill. 10 Finding C of that resotution identifies 11 Skipper's Bar & Grill as a full-service restaurant 12 serving alcoholic beverages. 13 There were 12 conditions with that 14 approval. Conditions I and 2 specify approval for 15 small bands, individual musicians, dancing on an 16 area of 150 square feet orless. 17 Hours again were 8:00 a.m. to 2:00 a.m. to 18 be consistent with the CUP that was just approved 19 prior to that. And again, there is no discussion of :2 0 the change in use from restaurant to anything else. 21 Therefore, staff confidently believes that . 22 each time the Planning Commission acted on an 1.23 application that was before it for the business in I.uestion, they fully understood that they were ealing with a restaurant use and did not in fact DIANNE JONES & ASSOCIATES 310.472.9882 1 approve changes to the basic use of the premises as 2 such. 3 Also, I wanted again to reiterate that 4 staff confidently believes that and we've always 5 consistently held that we have a restaurant use 6 primary -- as the primary -- 7 REX GUTIERREZ: What does that mean, 8 restaurant use is primary? What does that mean when 9 it comes to alcohol or other -- are you saying that 10. -- just for the benefit of the people who are here, 11 what would that mean? That the majority of their 12 business has to be from the sale of food or -- and 13 what does it have to do with what we're going to be 14 discussing tonight? 15 MR. DIAZ: That when the Planning 16 Commission approved the original CUP, there was a 17 restaurant use, and the CUP was enacted to allow 18 them to serve alcohol with meals. That's what we 19 understand the idea of full-service restaurant or 20 primary use of the place as a restaurant use. It's 21 alcohol service in conjunction with meals. 22 REX GUTIERREZ: Are you implying that 23 there is some part of their business now that is not 24 allowabte under the previous approvals and CUP's and 25 amendments and everything else of the last to years? DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf Page 13 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 14 CITY OF RANCHO CUCAMONGA 1 Is there something they are doing now that is _'nappropriate use? MR. DIAZ: That's the question before. It's staffs position or belief that the use -- and 5 we stated -- that the use has changed from primarily 6 a restaurant use to something else 7 REX GUTIERREZ: Primarily what? 8 MR. DIAZ: It appears to us based on the 9 information, a bar. lOREX GUTIERREZ: You didn't mention bar 11 before. You mentioned restaurantlbar. So Ijust 12 was a little bit confused as to how much restaurant, 13 how much -- when does it become a full-fledged bar, 14 and maybe we'll get into that later. 15 MR. DIAZ: We also wanted to point out 16 that in regards to Margarita Beach contention that 17 they are being unfairly singled out, I wanted to 18 explain a little bit of the process that we've been 19 through thus far. 20 Part of our duties as -- is to respond to 21 public comment regarding the use or the development 22 -- potential development of property within our 23 community. And to our knowledge, we have not 24 received complaints from residents regarding other 25 similar uses to the extent that we have with regard --DIANNE-JONES_&_ASSOCIATES_ _ 310.472.9882 .I f"'a" ; ! ~ RANCHO CUCAMONGA COUNCIL MEETING, NOVEMBER 2, 2005 1 to Margarita Beach. If and when we do, our 2 responsibility is to investigate those things as 3 necessary -- and take appropriate action as 4 necessary. 5 Section t 704 specifically outlines the -- 6 17.04, the development provides for the review of 7 conditional use permits when those issues are in 8 question. .9 In this case, after the complaints were 10 received regarding the business, staff was directed 11 to investigate. And based on the nature and the 12 extent of the complaints, the Planning Commission 13 determined that -- at an evidentiary hearing, that a 14 full hearing was in order. And that is the 15 June 22nd and the July 13th meeting is when the 16 Planning Commission heard the matter at a public 17 forum, took the public testament from both sides of 18 the issue and then eventually made a decision, which 19 ultimately led to our presence here -- (coughing) 20 when the item was appealed. 21 If you have any questions about the 22 information you have or anything further, I'd be 23 glad to try to answer those for you. 24 REX GUTIERREZ: I just have one question. 25 On June 22nd, there were a number of conditions that __D~ANNE_J.oNES_..&_ASSOCIATES_ 310.472.9882 Page 15 COUNCIL MEETING, NOVEMBER 2, 200S CITY OF RANCHO CUCAMONGA Page 16 1 were, I think, introduced by our City Planner, Brad 2 Buller. I think there were 4 or 5? 3 REX GUTIERREZ: That's right. Staff made 4 a number of recommendations for new conditions of 5 approval at June 22nd meeting. 6 Okay. I want to know what happened from 7 that meeting to, I believe, July when a series of-- 8 I would have to say much harsher conditions were 9 added? What brought about that and what was -- was 10 the judgment of the previous Planning Director put 11 into question? Was there dissatisfaction with his 12 original conditions that he put on the business? 13 MR. COLEMAN: The staffs report, the City 14 Planner did outline recommended conditions of 15 approval after hearing the testimony of the public 16 and Margarita Beach, the Planning Commission 17 determined that those would not be sufficient to J.8 address the concerns being raised by the residence. 19 They directed staff to go back and draft additional 20 conditions of approval, and they were very specific 2.1 about areas that they wanted to address, such as 22 hours of operation and reemphasizing that the 23 primary use should be restaurant, not nightclub ~lash bar. So that's why staff carne back on 9u1y t3th-- DIANNE JONES & ASSOCIATES 310.472.9882 COUNCIL MEETING, NOVEMBER 2, 2005 1 REX GUTIERREZ: I was a little bit 2 concerned because from the minutes I read, the 3 neighbors initially -- I believe -- maybe I'm wrong; 4 they can correct me. But I believed the conditions 5 that our Planning Director placed or someone with 6 him placed on this business June 22nd, I heard from 7 reading the minutes that many of the residence were 8 actually quite happy initially with that. Then 9 something happened, or maybe someone decided that it 10 wasn't near enough, and it was brought up again and 11 more assertions were made and complaints. And then, 12 I guess, that is when the Planning Commission 13 decided that they had to corne down harder; correct? 14 MR. DIAZ: I was at that public hearing, 15 and what I recall is that the residents were very 16 clear that they did not feel the conditions went far 17 enough as recommended by the City Planner. But 18 there may be some confusion because the Planning 19 Commission did ask several of the people who 20 testified at the end of their testimony, had the 21 operation of Margarita Beach improved since the 22 previous hearing which was months before that, and 23 several of those people indicated that yes, some of 24 the changes that had been implemented by 25 Mr. Davidson had improved the conditions in their DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf CITY OF RANCHO CUCAMONGA COUNCIL MEETING, NOVBMBER 2, 2005 1 Page 17 COUNCIL MEETING, NOVBMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 18 1 neighborhood. ~ REX GUTIERREZ: That's probably where I got onfused. So even though the conditions around the . establishment improved, I believe it was the 5 assertion of some of the neighbors that later on ., 6 down the road it will probably deteriorate again. .7 So therefore, these conditions aren't nearly enough. 8 I believe that's accurate as I can? 9 MR. DIAZ: That would be correct. 10 MAYOR PRO TEM: Any more questions from the 11 staff? So we're opening it to those who support the 12 appeal. 13 MR. MARKMAN: To those who-- 14 MAYOR PRO TEM: Going the wrong way? 15 MR. MARKMAN : Yeah. Those who support the 16 Planning Commission decision, not want it reversed 17 or otherwise disturbed. 18 MAYOR PRO TEM: Got it. Sorry. We'll hear 19 from all of those -- 20 DENNIS DENNIS MICHAEL: I do have one 21 question from staff -- sorry. I was looking at my 22 notes. In the report from the counsel -- legal 23 counsel, they talk about -- then there is another 24 document here tonight that was dropped off. I 25 haven't had a chance to thoroughly read it, but I 1 did scan it into the highlighted areas. They talk 2 about in t 988 -- and correct me if I am wrong -- the 3 t 988 CUP, talked about incidental sale of alcohol. 4 And then in the next CUP, the Skipper CUP, nowhere 5 did incidental sales of alcohol, the terms changed 6 in conjunction with. Am I correct? 7 MR. MARKMAN: No, that's not correct. I'm 8 sure this will be argued, but the fact is the first 9 resolution in '88 is the only resolution that 10 described the use that was applied for. In the 11 description of the use that was applied for, which 12 was the Thai restaurant, it states that it was to be 13 a restaurant with incidental alcohol sales of menu 14 items. In other words, the use was a restaurant 15 with menu items that included alcoholic beverages. 16 The condition that says alcohol will be 17 served in conjunction with food service is exactly 18 the same in both of those resolutions. I mean this 19 could be argued so, you know, you're going to have 20 to decide how you come down on this issue. But the 21 use description that said restaurant with incidental 22 alcohol sales never changed. There was no new use 23 description in the '91 resolution. The '91 24 resolution said that the use was going to be 25 continued as modified by expansion and ----DI.ANNEJDNES--Oc -AS SDCIATES~- ___DIANNE_JONES_&_ASSOCIATES__. 310.472.9882 310.472.9882 -- _ RANCHO CUC,"ONGA COUNCIL MEETING, NOVEMBER 2, 2005 Page 19 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 20 1 entertairunent. Never said anything about changing 2 the definition of the use. 3 DENNIS DENNIS MICHAEL: That's where I 4 became somewhat confused because what is the need to 5 put "in conjunction with"? What was the motive-- 6 what was the rationale used in that -- because it is 7 in the resolution? 8 MR. MARKMAN: They weren't supposed to sell 9 alcohol at a time when food wasn't being sold. . i 0 Stand alone. That's very clear in those conditions. 11 DENNIS DENNIS MICHAEL: Because it says .12 "the serving of alcohol conditions: The serving of 13 alcoholic beverages must be in conjunction with 14 restaurant usage. " 15 DENNIS MICHAEL (DENNIS DENNIS MICHAEL): 16 Right, okay. Got it. Thank you. 17 JIM: I think we should make it clear also 18 for any speaker, this is a land-use decision that 19 has property interest implications so nobody's going 20 to be put on a 5-minute or 3-minute -- 21 MAYOR PRO TEM: That's right. 22 JIM: Or be tied up by the amount of time 23 they should say whatever they think is pertinent. . REX GUTIERREZ: Are we to listen to them "od reserve our questions for -- DIANNE JONES & ASSOCIATES I 310.472.9882 Ii 1 MR. MARKMAN: It's up to the council. I 2 think if the witness is there and the person wants 3 to speak, you can ask them questions. Okay. 4 MAYOR PRO TEM: I want to remind folks, if 5 they will identify themselves and on completion of 6 the testimony sign in. Behind you there is a 7 sign-in sheet. 8 CHRISTINA CAMERON: Good evening, Madam 9 Chair Person, council members. My name is Christina 10 Cameron, and I reside at 8017 Posita Avenue. 11 Tonight my neighbors and I are here again requesting 12 the City to hear us regarding Margarita Beach. For 13 over nine years my neighbors, my famity and I have 14 had to tolerate the behaviors and physicality issues 15 ofliving with a nightclub in our neighborhood. 16 We have had violence, sex, littering, 17 breaking and entering, trespassing, drunk in public, 18 noise, traffic, and weapons found in our 19 neighborhood. It has taken our little 20 lost-in-a-btack-hole neighborhood to make the City 21 of Rancho Cucamonga realize Margarita Beach has 22 turned from a restaurant bar into a full-blown 23 nightclub. So we are here again to prove our point, 24 and we will. Tonight we will again reiterate 25 everything we have dealt with from Margarita Beach DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf COUNCIL MEETING, NOVEMBER 2. 2005 Page 21 COUNCIL MEETING. NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 22 CITY OF RANCHO CUCAMONGA 1 in order to get the City to enforce the original CUP ~btained by Margarita Beach. . On July 28th of '05, we arrived home around 4 1:00 a.m. from a family trip to Sea World to pull up 5 and find four individuals parking on Posita. They 6 started walking towards Estacia, and we confronted 7 them and told them to go park in the Margarita Beach 8 parking lot and not in our cul-de-sac. 9 They moved their vehicle of after a few 10 choice words, with our kids in the cars, I might 11 add, and proceeded to park in front of the Sanchez 12 home on Estacia. They again walked towards 13 Margarita Beach. 14 That's just one incident to bring up after 15 the February that started all of this. 16 My husband and I are adopting children. 17 Tomorrow we have to go to court for a review hearing 18 to make sure they are living in a safe environment. 19 Should I tell the judge where I was tonight? I 2 0 think not. 21 We had to move our daughter from the front 2 2 bedroom to the bedroom in the back of the house 23 because the traffic, lights and noise that is 24 constantly here every weekend. She was constantly 25 waking up with all the noise, traffic and lights ~D~ANNE--JONES-&-ASSOCIATES-- 310.472.9882 . RANCHO CUCAMONGA 1 that shine through her window. We changed the 2 window covers in the room, but she told us she 3 wanted to move, she was scared. So we moved her. 4 She heard about drunken people trying to break into 5 our neighbor's house and did not want to stay in the 6 front bedroom any longer. 7 Now, our son is in the front bedroom being 8 woken up on the weekends with all traffic. noise and 9 lights that come through our cul-de-sac. When we 10 started this in February of this year, it was our 11 neighbors west of Ramona and south of Foothill. We 12 have now grown to neighbors that are on the east 13 side of Ramona in back of the shopping center. 14 Margarita Beach has impacted more citizens 15 than originally realized. And after that February 16 date that we started, if you ask us if we've had 17 fewer problems, we would say yes. Now, instead of 18 us dealing with these problems, the Margarita Beach 19 customers, Mr. Davidson's extra security guards do. 20 After the last City Planning meeting 21 Mr. Davidson pulled the security guard that was on 22 the southwest comer of the Estacia and Ramona. Why 23 he did this I am unaware of. Since then we've had 24 more traffic again and we are confronting his 25 customers that are parking in our neighborhood. ___DIANNE_J.oNES__& _ASSOCIATES__ 310.472.9882 COUNCIL MEETING, NOVEMBER 2. 2005 Page 23 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 24 -I In my opinion, there is a Catch 22 to 2 having so much security. On one hand, it is a safe - 3 feeling to know they are walking around checking our 4 neighborhood. And on the other hand, this is what 5 it takes to live next to a nightclub in Rancho t) Cucamonga. 7 In closing tonight, let me say, we as 8 neighbors have pulled together and worked very hard 9 to show you what has and is going on in our 10 neighborhood. If the City was upholding the CUP's 11 that they grant to their businesses, we would not be 12 here again tonight. We have jumped through all the 13 hoops given to us to comply with everything asked. 14 It is now your turn, the City. To do the same and 15 deny the appeal that Margarita Beach has submitted 16 to you. Thank you. 17 CHRISTINE REED: Good evening everyone. My 18 name is Christine Reed. I reside in the Pines 19 Mobile Home Park which is directly across the street 20 from Margarita Beach, 21 I have been having a problem with the noise 22 that comes from the parking lot outside this 23 establishment for almost ten years. I'm a working 2_irl. I start my job at 5:00 a.m. in the morning; .0 my sleep time between midnight and 2:00 is very DIANNE JONES & ASSOCIATES 310.472_9882 1 important to me. I am probably awakened two to 2 three nights a week, every week, with noise that 3 comes from the parking tot when the people leave 4 Margarita Beach. They are in the parking lot; there 5 is a lot of yelling and screaming. The car alarms 6 go off, honking horns, racing up and down. There is 7 one gentleman that rides a motorcycle, and he goes 8 up and down Foothill Boulevard probably ten times 9 before he leaves. 10 In the beginning I did call the police 11 several times. This was years ago. And they did 12 come out several times. But eventually they stopped 13 coming because there was nothing they could do. And 14 at that time I realty didn't know what else could be 15 done at that point until I had talked to some other 16 of the neighbors that were having additional 17 probtems. 18 After a period of time went by and then 19 Mr. Davidson did put the security guards out there, 20 it really didn't help because they are not 21 babysitters; they can't tell these people "be quiet, 22 don't make noise, don't race your cars, don't honk 23 horns." I mean that's impossible. And he has-- 24 Mr. Davidson has no control over the peopte once 25 they leave his doors. DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b.4345-87dd.tic7e5a85ecdf COUNCIL MEETING, NOVEMBER 2, 2005 Page 25 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF AANCHO ClJCAMONGA Page 26 CITY OF RANCHO CUCAMONGA 1 welfare of the community. The surrounding 2 neighborhoods have come to the City with complaints 3 about Margarita Beach and those patrons who have . 4 caused us numerous problems in our neighborhoods, as 5 well as the businesses that are also in that same 6 center. We continue to have people in our 7 neighborhood at times when you would not expect 8 strangers to be there. Two months ago we were 9 awakened by one of our dogs barking in the living 1 0 room. A car had parked in front of our house and 11 strangers were out of the car in our yard, in our 12 front yard. And this was at 2:00 in the morning. 13 This passed Tuesday, November I st, I heard 14 two cars racing down our street. They got to the 15 last cul-de-sac, realized that there was no way out, 16 turned around, screeching the brakes and raced back. 17 Please note that I did not say that they were 18 driving. They were racing down the street. This 19 also was after mid~ight. 20 These two incidents that I personally 21 witnessed recently would seem to effect the general 22 welfare of my neighborhood; so that's the first 2 3 point. 24 In terms of businesses being affected, I 25 know that the liquor store owners were quite 1 This has just been going on for too long. &Just for myself personally it's just a noise issue, -=,ut it's so frustrating when you wake up in the 4 middle of the night and there is nothing you can do 5 is just lay there and wait until it dissipates so 6 you can hopefully go back to sleep. And I have to 7 get up at 3:00 in the morning so, again, it's very 8 important to me to be able to go to work and do my 9 job properly. It's just been very frustrating for a 10 very long period of time, and I really hope this 11 evening that this will get resolved for everybody 12 and we can all just have our piece and quiet back 13 again. Thank you so much. 14 MAYOR PRO TEM: Thank you. Sign-in is 15 behind you, over there. Thank you very much. 1 6 Anyone else to address -- 17 BARBARA OLSON: Good evening. My name is 18 Barbara Olson. I live on Estacia Court. As I was 19 looking through the Grapevine last spring, Icame 20 across the Rancho Cucamonga City Council Mission 21 Statement, which is on the screen. I'd like to 22 reference four of the statements in regards to our 23 situation. 24 The first one is to make decisions and be 25 perceived as making decisions for the general _ -DIANNE-JONES-&..ASSOCIATES __ ---.DIANNE_JONES_&_ASSnCIATES . 310.472.9882 310.472.9882 *' RANCHO CUCAMONGA COUNCIL MEETING, NOVEMBER 2. 2005 Page 27 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 28 1 surprised when they were told that they might be 2 contributing to the problems in our neighborhood. 3 And as you know, based on public outcry, all the 4 neighbors came to the defense of this business. 5 It's not the problem. And I'm sure that the owner 6 of the nail salon in the shopping center was not 7 amused to have her business shut down so that her 8 plate glass window could be replaced because one 9 drunk threw another drunk through her window. 10 Again, are we not talking about general welfare? 11 The second point is work together 12 cooperatively to respect all persons and their ideas 13 in order to develop and maintain the trust of the 14 community. When we first organized at the beginning 15 of the year, we were hopeful that our concerns would 1 6 be taken seriously and that this issue would be 17 resolved. The trust of the surrounding 18 neighborhoods regarding your ability as a city 19 govemment to make the hard decisions has come into 20 question. We have done everything asked of us, and 21 yet it doesn't seem to be enough. I know that I 22 question the motivation of some members of our city 2 3 govemment. . The other point reflects the community's esires and priorities by assuring that decisions DIANNE JONES & ASSOCIATES 310.472.9882 1 accurately reflect the community interest by fairly 2 translating public feedback into public policy. We 3 have given you and the Planning Commission neighbor 4 by neighbor feedback as to how this business has 5 affected our quality of life. And we are demanding 6 that you will acknowledge the deterioration of our 7 quatity of life by acting on the recommendation of 8 your own Planning Commission to require that 9 Margarita Beach revert back from nightclub bar to a 10 restaurant that it originally was intended to be. 11 The last point, enhance the quality of life 12 of alt Rancho Cucamonga residents through the 13 continued pursuit of excellence and commitment to 14 the City's core values and goals. What are the core 15 values and goals of the City? I would hope we all 16 have similar values and goals in common. Residents 17 should be secure in their homes and not be subjected 18 to customers of this business or any other business 19 who have no regard for us or for our property. 20 In closing, by deciding to put the Planning 21 Commission's recommendations into effect, you will 22 be demonstrating that you truly believe in your own 23 goals. Otherwise your mission statement is 24 comprised of meaningless and empty words. Thank 25 you. DIANNE JONES & ASSOCIATES 310.472.9882 dB40b9c6-dB0b-434S-B7dd-6c7eSaBSecdf COUNCIL MEETING, NOVEMBER 2, 2005 Page 29 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAHONGA Page 30 CITY OF RANCHO CUCAMONGA 1 JIM OLSON: My name is Jim Olson. I'm also 1 I cannot understand why the City has not .: 2 an Estacia Court resident. In early t 996 Mark 2 enforced its own conditional-use pennit. I do not .. ~avidson applied to the City of Rancho Cucamonga and 3 know if it is incompetence, indifference or , ~eceived a conditional-use permit to operate a 4 something more egregious. While this is not the 5 business then known as Margaritaville, now Margarita 5 issue tonight, it is one that needs to be examined. 6 Beach. I'm not going to repeat the stuff that 6 and addressed at a future date. 7 Mr. Diaz spoke of earlier because he's already 7 Margarita Beach is not a restaurant. It is 8 spoken about the land-usage issue. But in a letter 8 a club. It is a bar. In the August 2005, Clark 9 __ after the CUP was granted, in a letter to the 9 phone book for Rancho Cucamonga, page 992 lists 10 City of Rancho Cucamonga that came through Brad 10 Margarita Beach as a nightclub. There is no 11 Buehler, it's dated March 4, 1996, Mr. Davidson 11 restaurant listing for Margarita Beach in that phone 12 stated, quote, "Pursuant to your request, I have 12 book. 13 reviewed CUP No. 88-45 for this location. I do 13 May I put something up on the screen? 14 hereby state that I am aware of all the conditions 14 This is from an entertainment magazine 15 set forth and do hereby agree to comply with all 15 called Skinny, and it is a half page ad for 16 said conditions." 16 Margarita Beach. And as you can see, they have 1 7 Agreement on the conditional-use permit by 1 7 events every night. This is on page 79. September 18 the City, Mr. Davidson constituted a contract. The 18 issue had similar -- had a similar ad. I did tear 19 contract required that Mr. Davidson conduct business 19 this out because I didn't want to keep the magazine 20 according to the terms of the conditional-use 20 around the house, but this is the previous months 21 pennit. The contract also required that the City 21 ad. 22 enforce the terms of the conditional-use permit. 22 On pages 74 through 75 there are listing 23 Unfortunately, both parties have fallen short of 23 for weekly events at Margarita Beach in this 24 their obligations. This is not the business that 24 magazine. 25 was bargained for nor agreed upon in t 996. 25 On page 87 under the club and bar directory _ --D;['ANNE-JONES-&-ASSOCIATES~- ~DIANNE_JDNES__&u ASSnCIATES~_ , 310.472.9882 310.472.9882 . RANCHO CUCAMDNGA COUNCIL MEETING, NOVEMBER 2, 2005 \ Page 31 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 32 ' 1 is yet another listing for Margarita Beach. The 2 only food references that could be found were in the 3 half-page advertisements in Skinny. On Mondays from 4 5 P.M. to 8 P.M., 50 cent hot dogs are offered 5 during Monday night football. A free taco bar is 6 offered on Thursday nights from 8:00 to 10:00 P.M. 7 It is abundantly clear through Margarita 8 Beach's own advertising that it continues to be 9 promoted as a bar or a club. There is no doubt. t 10 haven't seen any specials for a fish dinner, a steak i 1 dinner, a chicken dinner. All I've seen are the 12 drink specials which are common to bars and 13 nightclubs. And the free food. 14 The City also has a contract with the 15 citizens. It has an obligation to preserve the 16 health safety and welfare and enhance the quality of 17 life for all its residents. This is clearly spelled 18 out in Municipal Code and even more succinctly in 19 the Rancho Cucamonga City Council Mission Statement 2 0 dated 2005. 21 When the City Council approves the Planning 22 Commission's resolutions three things will be 23 accomplished. First, there will be a mandate for ~. coompliance to t~e conditional-use permit by ~argarita Beach. Second, the City of Rancho DIANNE JONES & ASSOCIATES 310.472.9882 1 Cucarnonga will be required to enforce its own 2 conditional-use pennit. And third, we will finally 3 regain a quality of life that has been lost over the 4 last number of years. Thank you. 5 DENNIS MICHAEL: What is the dates on the 6 magazine you were talking about? 7 JIM OLSON: 1bis particular one is 8 September. This one is October this year. 9 MR. MARKMAN: Sir, would you please leave 10 those with the City Clerk so they could keep them as 11 part of the record? 12 JIM OLSON: Certainly will, certainly. 13 SARAH MUSABI: Good evening. My name is 14 Sarah Musabi. And I'm a resident of 8032 Pacito 15 Avenue. I'm here to represent mysetfmy family, my 16 husband. We are located about three blocks away 17 from Margarita Beach, and we have lived very happity 18 and peacefully in our neighborhood with our 19 neighbors and neighborhood businesses for over 20 20 years until we began experiencing problems that 21 we attribute to Margarita Beach. 22 Since January 2005 we have personally 23 witnessed activity that we feel was detrimental to 24 public health, safety or wetfare of our neighborhood 25 and its residents and that we believe was caused by DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf COUNCIL MEETING, NOVEMBER 2, 2005 Page 33 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 34 CITY OF RANCHO CUCAMONGA 1 or attributable to the operation of Margarita Beach. 2 In January and February of 2005, we _bserved the people who frequent Margarita Beach eft all sorts of trash, including empty and half 5 empty beer and wine bottles in our streets, in front 6 of our house. There was honking, shouting, loud 7 music, and loud disorderly voices in the late hours 8 of the night and the first hours of the morning in 9 our street. 1 0 They also parked on our street and streets 11 adjacent to ours, making it impossible for us and 12 our guests to'park in front of our house. Having 13 such inconsiderate disorderly people come to disturb 14 our peaceful neighborhood is more than a nuisance. 15 Their presence in every area of (^ state) became a 16 danger to our property and to our personal safety. 17 Margarita Beach for many months prior to 18 February and March of 2005 did not take appropriate 19 measures to eliminate the problems that their 20 establishment caused. When Margarita Beach began to 21 make an effort to make things better, after numerous 22 complaints were filed against them by us and other 23 neighbors of ours in its City Council meetings, we 24 ceased to have the problems mentioned before. 25 However, the solutions that they offered, that DIANNE__JONES__&_ASSOCIATES_ 310.472.9882 "W RANCHO CUCAMONGA 1 Margarita Beach management offered, created other 2 problems. 3 For example, when they posted a guard at 4 the southwest corner of Estacia and Ramona to 5 prevent Margarita Beach patrons from parking on our 6 streets, it gave our neighborhood a terribly 7 negative appearance. Having a guard at the entrance 8 of our tract of homes sent the message to any 9 passerby and, most importantly, to our visitors that 10 we lived in a dangerous, crime-ridden neighborhood. 11 This was quite embarrassing. 12 In addition, when the nature of the 13 business that Mr. Davidson and his associates run 14 became well known to us, our neighbors, to anyone 15 who read the article published in the Daily 16 Bulletin, we were flabbergasted. As parents with 17 teenagers, we certainly don't want that kind of an 18 establishment offering adult entertainment three 19 blocks away from our house. So why do we have to 20 put up with this establishment three blocks away 21 running a nightclub, clearly outside the boundaries 22 of the business permits that it holds? 23 So we just don't want to worry anymore 24 about having a cabaret so close with the influence 2 5 and the patrons that it attracts. . The owner and .DIANNK_J_ONES_&_ASS_QCIATE_S_ : 310.472.9882 COUNCIL MEETING, NOVEMBER 2, 2005 Page 35 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 36 1 managers of Margarita Beach seem to only care about 2 continuing to make money from their businesses at 3 the expense of us, their neighbors. If they truly 4 cared about us, their neighbors and our safety and 5 the welfare of our neighborhood and children, they 6 would not operate the business the way they have 7 .been, but they would operate their business in 8 accordance with the permits that they were issued by 9 City authorities; they would run the business as a 10 restaurant with incidental liquor sales. 11 Mr. Davidson and his managers, in spite of 12 having been told by Rancho Cucamonga Planning 13 Commission to modify their business and abide by the 14 conditions detailed in June of 2005 and July of 15 2005, continue to run their business as usual. No 16 meaningful changes may have been made. They are 17 taking advantage of the appeal process to continue 18 making money by running their business outside the 19 boundaries of their business permit. They have 20 hired a top dollar lawyer to defend their interest 21 in an attempt to escape the conditions that have 22 already been imposed upon them. They are not good 23 neighbors. They care about nothing but continuing ~o run their business as usual, and this they will 90 until you do, the City Council and City DIANNE JONES & ASSOCIATES 310.472.9882 1 authorities enforce the boundaries of their pennit. 2 So we respectfully ask that you do this, 3 you enforce the conditions that have been imposed 4 upon them. Thank you. 5 REX GUTIERREZ: I wanted to ask the lady 6 where she lived again. Did she say Pacito? 7 (Inaudible.) 8 VICTORIA SANCHEZ: Hi, Council. My name is 9 Victoria Sanchez. Of course the Daily Bulletin 10 knows me, the one who displayed the pictures last 11 time. Of course, we're going to display the 12 pictures again and the lawyer's letter who is Reese, 13 who was his former or still concurrent attorney that 14 is serving Margarita Beach. 15 The first one is the infamous pasties, if 16 you could put the overhead projector on. 17 MR. MARKMAN: If these pictures are just 18 repeats of what you put in before, you don't have to 19 show them? 20 VICTORIA SANCHEZ: Then I will show other 21 22 23 24 25 ones. MR. MARKMAN: The council-- if you have new material, that's different. But the councit, believe me, has -- VICTORIA SANCHEZ: Okay, cool. They have DIANNE JONES & ASSOCIATES 310.472.9882 dB40b9c6-dBOb-4345-87dd-6c7e5aB5ecdf COUNCIL MEETING, NOVEMBER 2, 2005 Page 37 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA ; Page 38 CITY OF RANCHO CUCAMONGA 1 VICTORIA SANCHEZ: No, by the business. 2 I'm showing photographs that are relevant to his 3 appeal. 4 MAYOR PRO TEM: It's up to you to show 5 them, I suppose, but I will still voice my 6 dissatisfaction that I think it is inappropriate for 7 you to show photographs that are from a website. 8 VICTORIA SANCHEZ: Can Ijust hand them to 9 you then? 1 0 MAYOR PRO TEM: Sure. 11 MR. MARKMAN: We have them. 12 VICTORIA SANCHEZ: I have more 13 MR. DIAZ: If there are new materials -- 14 MAYOR PRO TEM: Sure, you could hand them 15 to us, but I would find it irresponsible of you to 16 put them on the television where 4th graders are 17 often asked to watch City Councit meetings 18 MR. MARKMAN: Diane, maybe we can handle 19 this in a way where the council can get these 20 materials. I don't know about people in the 21 audience being offended. They don't have to look at 22 them, but I understand that we could not show them 23 on television necessarily. 24 MAYOR PRO TEM: Okay. If we can do that, 25 that's fine 1 all of this. 2 SPAGNOLO: I don't think you want to put .hat on TV anyway. VICTORIA SANCHEZ: It's what they put on 5 their website to advertise. 6 MAYOR PRO TEM: But this does go into homes 7 with families and children watching, and I don't 8 think most web sites. 9 VICTORIA SANCHEZ: I understand. And these 10 come into our home with families and children and we 11 have had to endure -- 12 MAYOR PRO TEM: Website comes into your 13 home uninvited? 14 VICTORIA SANCHEZ: No. The business has 15 come into our home. The business has jeopardized 16 our home and our quality of life. Okay? I was 17 t3-years old when this started. Okay. I've dealt 18 with this. I'm 2t years old. Nine years. It is 19 ridiculous. 20 I feel sorry for Marina and Sam because 21 their son is 14 years old and would have to even 22 endure the type of stuff that I had to go through. 23 Okay. 2 4 MAYOR PRO TEM: So you're saying you've 25 been bombarded by these photographs? _ __DIANNE_JONES_&~ASS.o.CIATES _DIANNE_J_QNES_&_ASS_OrIATES___, 310.472.9882 310.472.9882 r- ","CNO CUCAHONGA COUNCIL MEETING, NOVEMBER 2, 2005 Page 39 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCltO CUCAMONGA Page 40 1 DENNIS MICHAEL: The issue and only issue, 2 it may be 9:30 tonight but this council -- 3 VICTORIA SANCHEZ: It does feedback again 4 on Saturdays. 5 DENNIS MICHAEL: -- does feed back other 6 times. And truly I don't think there is a person up 7 here, this council, that isn't also taken a back by 8 the graphic photographs. I will say some of them 9 just have a picture and there is no proven evidence 10 that it was at that location or -- so we have them 11 all. That kind of advertisement, I've seen some 12 information here that would suggest that will never D happen again. So your sensitivity to it is well 14 appreciated by the City Council. 15 MAYOR PRO TEM: So did you want to do that 16 --canwe-- 17 VICTORIA SANCHEZ: I don't mind if! don't 18 show them 19 MAYOR PRO TEM: -- where they don't go out 20 over the airways? 21 MR. MARKMAN: If there is new material, I 22 think you obviously should show them to the council. 23 Give them to the City Clerk; she can circulate 3il...amongst the council. Counsel for Margarita Beach Wbviously is going to get the opportunity to see DIANNE JONES & ASSOCIATES 310.472.9882 1 that, too. 2 MR. DIAZ: Did you take those off the 3 Internet? 4 VICTORIA SANCHEZ: Oh, the coolest thing 5 about computers now is once you visit a website, you 6 will always have the memory stored in your computer. 7 Since the website has been shut down, I believe, 8 since April, we still have the access of the 9 pictures. 1 0 MAYOR PRO TEM: But the website -- 11 VICTORIA SANCHEZ: The web sites -- it's 12 still temporarily there. If you clicked on one of 13 the icons, it's still there, but you're not able to 14 access it through www.ieparty.com. 15 SPAGNOLO: Just looking at the first 16 couple ones, I think it's the same ones we already 17 have. 18 VICTORIA SANCHEZ: It's just justifying the 19 smoking and what he now refers to as ashtrays being 20 gum and trash holders. They're clearly not gum and 21 trash holders. Empty tables, never ever seen a bit 22 of food on them. The one piece of item that was 23 food was a Dorritos bag, and that doesn't look like 24 justifiable restaurant food material. To go passed 25 that, on the 31st of-- DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf COUNCIL MEETING, NOVEMBER 2, 2005 Page 41 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 42 CITY OF RANCHO CUCAMONGA 1 MR. MARKMAN: Why don't you let all the .ouncillook at that so they could listen to what ou say when -- 4 VICfORIA SANCHEZ: Okay. S REX GUTIERREZ: The ones we have are in 6 black and white; these are in color. 7 MR. MARKMAN: Do you guys get a chance to 8 look at those? 9 MAYOR PRO TEM: Okay. To clarify itthen, 10 these are off a website -- I understand what you're 11 saying about it being held in memory -- 12 VICTORIA SANCHEZ: This is the website that 13 he had actually had out there 14 MAYOR PRO TEM: But is that website -- if I 15 went there now -- 16 VICTORIA SANCHEZ: Council asked for it to 17 be suspended. 18 MAYOR PRO TEM: Pardon me? 19 VICTORIA SANCHEZ: It's suspended. No 20 longer running. 21 MAYOR PRO TEM: As a new visitor I would 22 not see that? 23 VICTORIA SANCHEZ: No. 24 MAYOR PRO TEM: Okay. I think I've seen 2 5 all these. - ---D~ANNE-JONES-&- ASSOCIATES. 310.472.9882 1 REX GUTIERREZ: While the pictures are 2 being examined, just to sort these issues out, I was 3 wondering if you could explain what relevance the 4 pictures have to which issue? 5 MAYOR PRO TEM: It's the type of business 6 that he's running. 7 REX GUTIERREZ: Saying it's basically a 8 nightclub. 9 VICTORIA SANCHEZ: I'm not declaring 10 anything. I haven't stated that, but pretty much 11 when the Planning Commission attorney, the assistant 12 City Attorney pretty much did say Miss Pasty Girl 13 was fully exposed on the breasts. I understand she 14 was wearing a suit but underneath her breasts. 15 It's the type of customers that he is 16 bringing in with these advertisements, with these 17 beer specials, with X 103.9 and the advertisements 18 that they've been doing. I do know that they have 19 ceased their X t03.9 and have gone on to other bars 20 and clubs. But this is the type of people that we 21 . are getting in our neighborhood. We are getting 22 peopte that want to see a girl in pasties. We are 23 getting people that normally smoke in restaurants. 24 They aren't wanting to come there to eat. They're 2 5 wanting to take their 20 bucks, get as much alcohol .~DIANNE__J.oNES. _&_ASSOCIATES 310.472.9882 COUNCIL MEETING, NOVEMBER 2, 2005 Page 43 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 44 OF RANCHO CUCAMONGA 1 as they can, and then leave. Have a good time. And 2 3 4 5 6 .7 .8 MR. MARKMAN: Can I interrupt you one second? There are 38 pages of materials that have just been circulated that council's looked at them all. This is new material. and Joe will give that to the City Clerk. You will keep those for the record, please. And maybe council will want to look 9 at them, too, when we get to that point. VICTORIA SANCHEZ: We have like 200. My parents just told me to find the most relevant pictures instead of showing you guys people posing in pictures, people in bikinis, people dancing -- MAYOR PRO TEM: Since we're not the Planning Commission, we didn't hear the first -- I mean we read it but we didn't hear the first reports of -- these are advertisements. These are -- is there verification that these photographs were taken inside Margarita Beach? VICTORIA SANCHEZ: The attorney Reese did a clarifi- -- did a statement. It's called the photographic evidence. This letter will serve as formal writing, written response as evidence as presented to the public hearing at the City of Rancho Cucamonga Planning Commission on June 22nd DIANNE JONES & ASSOCIATES 310.472.9882 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 and the above-referenced materials. 2 There is 26 -- 27 photos that I showed. I 3 believe I3 of them they could not identify if it was 4 at this bar or if it was at the San Bernardino 5 location. The major ones that they did identify 6 that were at the bar that prompted this city 7 attorney to state that it could be an adult cabaret 8 because of the showing around the aerola of the 9 woman's nipples was in photograph t6 where the 10 photograph depicts -- an unidentified individual 11 attending a theme party in Rancho Cucamonga 12 Margarita Beach location 2004. The photograph 13 reveals unidentified individual bearing a body suit 14 and is not nude. Body suit is below the breasts. 15 As was the comment and the descriptions at 16 the June 22nd meeting, Rancho Cucamonga Planning 17 Commission hearing. It should also be noted that 18 this individual was not an employee by Margarita 19 Beach in any capacity. 20 We never stated that she was. We said that 21 she attended. We weren't even sure until they 22 clarified that she was present at their location. 23 And then 17, the waitress, I understand that it says 24 two patrons, but I did give you the proof that it is 25 a waitress that smoked. Issues or violations have DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6ad80b-4345-87dd-6c7e5a85ecdf Page 45 COUNCIL MEETING. NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 46 CITY OF RANCHO CUCAMONGA 1 been resolved. I have another short black haired 2 waitress also in the same type of pictures smoking _ff duty and then working on duty, and you could ell they're the same exact person. 5 So it's just his staff is detrimenting to 6 other people's lives by smoking in an establishment 7 where they aren't allowed to smoke. So that's some 8 of the pictures 9 I think that's about it. This Halloween, 10 on Monday 31st, I had at I-hour day at work and 11 wasn't really happy -- 12 MR. MARKMAN: Did you say this Monday? 13 VICTORIA SANCHEZ: This 31st, this :14 Halloween, this Monday I got off work about t 0:30. 15 Finally got home address 10:45. I normally let my 16 dogs out to go to the bathroom. Letting them go 17 outside, they started spasing out, freaking out, 18 they were barking. The only time they bark is when 19 someone is coming either on the street or getting 20 out of a car. And I just heard loud yelling. 21 We have a ladder that we can look over our 22 wall to see the Margarita Beach parking lot. 23 Initially when I came home that night, what it was 24 is they were having the Halloween party. They had 25 this 8-foot blow-up pumpkin things like people put DIANNE JONES_&_ASSnCIATES 310.472.9882 r- RANCKO CUCAMONGA COUNCIL Ml'.:ETING, NOVEMBER::. 2005 1 in their yards, like the Santa Clauses, off to the 2 left of the door. There was a bouncer standing by 3 it. They had fake spider webs strung in between the 4 columns and -- the top the columns, and then a 5 skeleton straddling the junction where the columns 6 are. And then a strobe light that makes stuff look 7 scary. Like at Knott's Scary Fann, they always make 8 the little strobe light go on and everything look 9 scary. 1 0 I proceeded to hear more of the yelling. 11 There was 10 to 15 people standing in his -- the 12 area in front of it and it's in the parking lot, and 13 it is described as the handicapped parking area 14 I'm like there is no way after an 1 t -hour 15 day I'm dealing with this. I would like to go to 16 bed; I have schoo] in the morning. Called the 17 police at 11:01. I have my cell phone record. 18 The dispatcher was Mary. She asked me if I wanted 19 to sign a formal complaint. I said yes, sure, if 20 he's here in the next 20 minutes because I'd really 21 like to go to bed. 22 He never arrived. Stayed up, never 23 arrived. I decided to take my dogs for a walk to 24 see if the people were still there after I called 25 because I know a lot of the times when we do make a DIANNE _J_ONES&_ASS_O_CIATES_ 310.472.9882 COUNCIL MEETING, NOVEMBER 2, 2005 Page 47 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMDNGA Page 48 , :1 call, it's not like they're tipped off or anything, 2 but stuff does change, people do go inside, people 3 do teave, people do move. 4 I wanted to go see if they were still 5 there. I took my dogs for a walk. Watched the 6 bouncer located at the driveway of the west comer, 7 in his yellow jump suit, let a man from Ramona -- he 8 was walking on Ramona. I'm not sure if he parked -- 9 he didn't park on Estacia; I know that for a fact. 10 But I'm not sure if he was coming from the 11 apartments, from the homes above or whatever, but it 12 is knowledge to me that Davidson has said that no 13 one will gain access to his establishment from 14 anywhere else; they have to park in the parking lot. 15 The bouncer just let him by, shook his hand -- "Hey, 16 dude, what's up?" Went on. The guy walked all the 17 way to the bar. I just wanted to watch that. 18 It's still going on. It hasn't changed. 1: 9 And I know after the July 5th or -- that meeting, 20 it's kind of like Mark Davidson was doing everything 21 up until then and then just stopped, for whatever 22 reason; he was upset, he didn't think he was -- 23 maybe the Planning Commission wasn't recognizing ::.il..what he was doing, whatever. But he stopped . W"uncers, he stopped everybody from being out on the DIANNE JONES & ASSOCIATES 310.472.9882 1 comers. He stopped regulating traffic. And of 2 course problems did start happening. 3 I found beer bottles. After Christie -- 4 Chris explained about the white car with the four 5 people parked in front of our house and then 6 proceeded on, the next day we found a nice little 7 baggie with beer bottles in it. It's still going 8 on, still happening. We would not have these people 9 in our neighborhood if he wasn't bringing in the 10 clientele. This is not a neighborhood bar. This is 11 not a neighborhood family restaurant. There is not 12 a single person in this neighborhood that has been 13 to that establishment since it turned into 14 Margaritaville. 15 We went there when it was Skipper's. It 1 6 was an awesome place to hang out. I was a kid. 17 Skippers rolled around in his wheelchair, and we had 18 a good time. My dad would play pool. He'd get a 19 beer with our steak dinner or I'd have a 20 cheeseburger. It was great. This is what he still 21 supposed to be. He's still supposed to be serving 22 food, allowing minors inside his establishment. I 23 don't know a minor that I'd take in there to see 24 this type of stuff. You guys don't want me to air 25 this on here but you want to allow children to go DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf Page 49 COUNCIL MEETING, NOVEMBER 2. 2005 CITY OF RANCHO CUCAMONGA Page 50 CITY OF RANCHO CUCAMONGA 1 into this establishment. Well, that's what you guys 2 have allowed, but he has changed the establishment .rom what it was originally. REX GUTIERREZ: So you mentioned earlier 5 that you saw a bag with beer cans or something in 6 it. Is this the day after Halloween? . 7 VICTORIA SANCHEZ: No. This is the day 8 after June -- was it July 28th when they came -- 9 three of our neighbors all went to Sea World. They 10 came back pretty late that night. Chris had some 11 choice words with the people. They moved, but they 12 moved from Pacito to Estacia, right in front of our 13 .house, and then the bottles were found the next day. 14 REX GUTIERREZ: Then you're referring now 15 back to when it was Skipper's. 16 VICTORIA SANCHEZ: Skipper's. 17 REX GUTIERREZ: You were there while your 18 dad was drinking beer; you would play around, and 19 this is -- was it a bar then, too? 20 VICTORIA SANCHEZ: No. It was a legitimate 21 -- most people that went in there -- I do understand 22 that there is a bar in this location, but the normal 23 general seating area, everybody was -- 24 REX GUTIERREZ: So you stayed in the 25 seating area while other people were at the bar? COUNCIL MEETING, NOVEMBER 2, 2005 1 1 VICTORIA SANCHEZ: Yeah. It's like a 2 Chili's and Appleby's. You could get your 3 hor'doerves while you have a couple margaritas. 4 It's the same type of thing. You could have your 5 steak, have a couple beers, play some pool, and your 6 kid could still be there with you. You don't have 7 to find a babysitter or anything. 8 REX GUTIERREZ: What time -- I'm sorry. 9 Just trying to figure this out. You called the 10 Sheriffs Department -- 11 VICTORIA SANCHEZ: At 11:01. And at about 12 11 :05 I proceeded out to go see if the people were 13 still there. 14 REX GUTIERREZ: You took the dogs for a 15 walk. 16 VICTORIA SANCHEZ: Took the dogs for a 17 walk. We walked around behind the gas station. 18 It's always closed, but the apartment people used 19 that field as their dogs' area because there is not 20 much grass in the apartments across the street. So 21 yeah, I took them for a walk. I got some thorns in 22 their feet and had to take them out because there's 23 some bad bushes over there, but yeah, it was quite 24 an adventure. They were very happy to go outside 25 the house so... ~~D IANNK_JONES__&_ASSnC IATES____ __DIANNE _JDNE S _&__ASS.oCIA TE S_ . 310.472.9882 310.472.9882 'W'RANCHO CUCAMONGA . Page 51 COUNCIL MEETING, NOVEMBER 2, 200S CITY OF RANCHO CUCAKONGA Page 52 1 REX GUTIERREZ: Because I am aware that 2 even on my street Halloween night, my dog was pretty 3 agitated. 4 VICTORIA SANCHEZ: See, my dogs can 5 withstand fireworks. I've actually taken them to -- 6 we just exposed them to that type of sound and 7 noise. But to hear someone just yell and it doesn't 8 sound right, it distresses them. Or somebody's 9 coming up to the house, they're going to protect the 1 0 house. 11 I know the bouncers have gone -- I think it t 2 was two different nights that I was trying to sit 13 out there at like 1 t :00 and tried to get them to go 14 pee but the bouncers were doing what they said they 15 were going to do, and they were doing their patrols, 16 but the dogs, of course, freak out and I have to go 1 7 back out after that. 18 Is that it? Oh, okay. Nancy's. I'm tike 19 I don't know where it's at. No, that's not it. I 20 believe it's in the package that I gave to you. It 2 1 might be. 22 Nancy's, the nail owner of U.S. Nails, the 23 day that the incident happened, it was August lst-- ~hanks, Mom -- it was August 1st. It was that Wight, a person was thrown through a pane window DIANNE JONES & ASSOCIATES 310.472.9882 COUNCIL MEETING, .NOVEMBER 2, 2005 1 that is like 12-feet tall, has like a divider in the 2 middle. Then she had neon lighting around it. She 3 had a couch that was displayed in front of it. It 4 was a whiter color couch. And she's Vietnamese and 5 she's a very nice lady, and she's been a business 6 owner for six-plus years. And I've been going to 7 her for at least three years and being -- just 8 specifically Nancy. And she's a wonderful lady. 9 And that incident happened. You guys have the 10 police report on that and everything. 11 Somebody threw somebody through a pane 12 window, and it was in result of Margarita Beach. 13 Plain and simple. There was either a fight, 14 somebody had an altercation, somebody's too drunk, 15 whatever. But something happened. 16 He's not only a detriment to us; he's a 17 detriment to all the businesses. She lost -- Jose 18 gave his card to the -- what is his -- gave the card 19 to her, then a piece of paper that had an apology. 20 She had a piece of wood up there for about a day. 21 She lost business for about a day. She tost her 22 couch due to the amount of blood that the person 23 lost by going through the window. 24 Of course Jose said that he would pay for 25 it. It was paid for. She has -- she's no grief DIANNE JONES & ASSOCIATES 310.472.9882 dB40b9c6-dB0b-4345-87dd-6c7e5aB5ecdf COUNCIL MEETING, NOVEMBER 2, 2005 ' Page 53 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 54 CITY OF RANCHO CUCAMONGA 1 with it, but she got her thing paid for. But she 1 sales of meals during the nonnal meal hours that 2 did lose a day of business. I think that is wrong. 2 they are open and at least five days a week. And _ mean, he's not only affecting our lives; he's 3 the nonnal meal times 6:00 A.M. to 11:00 A.M., then !lr.ffecting the businesses from profiting around him. 4 the lunchtime and evening time. 5 So that's the whole Nancy incident. And 5 It says premises that are not open 6 Nancy's finally got her neon back in her window, and 6 five days a week must serve meals on the days that 7 this is now November 2nd and that happened 7 they are open. Minors are allowed on the premises. 8 August tst. So that's how long it took her to 8 So this is the type of ABC license that has been 9 actually get the money to get that. 9 issued to Margarita Beach. It is also the same type 10 So is that it? Thank you. 10 that Chili's and Appleby's has. So again, it is one 11 PEGGY SANCHEZ: Hi. I'm Peggy Sanchez. I 11 that is issued to a restaurant that serves alcohol. 12 reside at 9869 Estacia Court. Victoria is my lovely 12 But jf you were to ask, it would be considered a 13 daughter. I want to follow-up a little bit about 13 restaurant. 14 the nature of this business. Besides having the CUP 14 Well, contrary to that, as you've heard a 15 and the entertainment pennit, he also has an ABC 15 little bit previously, the operations of this 16 license, of course. And that is a Type 47. It's an 16 business are definite along the lines of a 17 on sale general eating place. That's what that is 17 nightclub. And the reason I say that is because he 18 described as. And in parenthesis -- this is from 18 operates like a nightclub. He advertises like a 19 Department of Alcohol Beverage Control -- in 19 nightclub. He has fliers, colorful fliers that we 20 parentheses it says, restaurant authorizes the sale 20 won't you because they are not appropriate for 2 i of beer, wine and distilled spirits for consumption 21 television. They're in the packet. Fliers that 22 on licensed premises. Authorized use of beer, wine 22 have scantily clad women on the front, advertising 23 for consumption off licensed premises must operate 23 different types of theme parties, whether it's the 24 and maintain the licensed premises as a bona fide 24 bunny party or it's just the summertime or it's his 25 eating place. Must make actual and substantial 25 anniversary party. His ninth anniversary party; _ ___ DIANNE._JONES_LASSOCIATES___ _DIANNE_JDNES_&_ASSnCIA TES__ 310.472.9882 310.472.9882 . RANCHO CUCAMONGA 1;-- COUNCIL MEETING, NOVEMBER 2, 2005 Page 55 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 56 1 that was a very interesting thing. 2 He promotes like a nightclub -- dollar, you 3 call it cheap drinks, lots of alcohol, less 4 emphasize on food. He definitely appeals and 5 attracts the young party crowd. The attire that has "6" been seen on the website that his waitresses wear 7 are of bikini tops. Very interesting attire for a 8 restaurant. I know that Chili's and Appleby's and 9 other types of restaurants in town -- even Hooter's, 1.0 their waitresses do not wear bikini tops. They wear 11 tops that cover their full midriff. 12 Also he employees bouncers. And bouncers 13 are typical in nightclubs and they are usually 14 indicative ofa need to control a possibly rowdy, 15 unruly crowd. That is why you have bouncers. And I 16 know you don't see bouncers outside of Chili's or 17 Appleby's, and I know they also close at midnight. 18 His hours are along the lines, at least the ones 19 that are advertised on the door and I'm not sure -- 20 half the time you're not sure if he's open or not 21 because you really can't tell, but it looks like 22 weekdays and weekends he's definitely not opening 23 until late in the day, you know, 3:00 p.rn., 6:00 :w.rn., then runs till 2:00 a.m. . So his whole scheme of advertising and DIANNE JONES & ASSOCIATES 310.472.9882 1 promoting and operations is geared along the lines 2 of a nightclub, not that of a restaurant. 3 Again, like I said, if you were to ask the 4 general public "is Margarita Beach a restaurant," 5 they would laugh and they would say "No. It's a 6 bar, it's a nightclub. It's a party place. It's 7 where we go to have fun. It's where we go to be 8 able to buy a lot of drinks without spending a lot 9 of money." 1 0 Also talk a little bit about security 11 guards. He hired some security guards, particularly 12 they have been more prevalent in the neighborhood 13 since we read this issue on February 2nd, by the 14 way, and today is November 2nd -- to the City 15 council and then they referred us to the Planning 16' Commission. And those were hired because of the 17 impact that this business has had on our peace and 18 quiet and all the disturbances that we mentioned. 19 And there's a lot of disturbances and so many of 20 them that -- we even remember a lot of the details, 21 but basically they been going on for nine years. 22 There's no doubt in our minds that -- and I know 23 they'll say "Oh, gee, you must be exaggerating." 2 4 It's like, no, we remember this very well. We 2 5 remember when our peace and quiet has been DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf Page 57 COUNCIL MEETING, NOVEMBER 2, 2005 crTY OF RANCHO CUCAHONGA COUNCIL HEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA 1 disturbed. ~ So to control his customers from parking in ur area and to look like he's really making an effort and really because he wants to keep us from 5 complaining and he also wants us to not be making 6 calls to the police because then they will be 7 following up more with him, then he definitely is 8 posting his security guards in the parking lot. And 9 initially like on the comer of our street. There 10 was even one that was like standing in front of our 11 house. Now, why that was happening, I don't know. 12 He was standing in front of our house smoking 13 cigarettes and eating sunflower seeds, and we , 14 finally just said please... (can't hear I word.) 15 There is no reason that he needs to stand 16 in front of our house. Then he put him on the 17 comer, which, okay, he's trying to stop cars. He 18 can't legally stop cars from parking or driving down 19 and parking in a neighborhood. But you know, they 20 try to turn them away and say, "okay, you can't park 21 here" or -- you know, "If you park here, we can't 22 allow you to walk across the street..." (can't hear 23 bout 3 words.) 2 4 Well, that's all nice and good and maybe 2 5 there's been fewer people parking on the street Page 58 1 because of that. But, you know, why should we have 2 security guards in our neighborhood? My God, we 3 live in Rancho Cucamonga. I mean, this is one of 4 the most premiere cities in the Inland Empire right 5 now, and one I'm very proud of. So why do we need 6 security guards in our neighborhood? That's a 7 question I think all of you -- I hope you all are 8 taking very seriously because I know you would not 9 like a security guard on the comer of your street. 10 In fact, Planning Commissioner McPhail 11 mentioned, she said she too was concerned that 12 security guards were needed in our neighborhood at 13 all. Why are they even needed there? So in summary 14 I wanted to go over a couple points. We found out 15 when we came before you and we went to the Planning 16 Commission and the Planning Commission sometimes 17 would go on and on like "Well, this has just been 18 brought to us." And, you know, and we're talking to 19 them about, "Look, we've tived with this for 20 nine years and we're frustrated." 21 "But this is just been brought to us." You 2 2 know what we found out? That it would have been 2 3 greatly appreciated by all of us, and that is saying 24 it very politely, that if the police would have 25 notified -- because we made numerous calls to the --DIANNE~JDNES_&_ASSnCIATES___ _DIANNE_JONES & ASSOCIA. T.ES - - - -- - - -. . . ~~ 310.472.9882 310.472.9882 _ RANCHO CUCAMONGA I Page 59 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 60 1 police department. We had either talk to them or 2 we'd make the calls and we'd say, "Gee, you know, 3 we're doing the right thing; right? We're calling 4 the police." That's who you're supposed call; 5 right? That's who's supposed to protect you. 6 So we're calling the police, letting them 7 know, having meetings with the police chief, telling 8 them about our issues, trying to work things out. 9 Lo and behold, he's running a business he's not even 10 supposed to be running in the beginning. And if the 11 policed had mentioned some of these incidents and 12 the volume of the incidents and the nature of the 13 incidents to the Planning Department, Planning 14 Director, I'm sure it would have been brought before 15 the Planning Commissioner years ago. And this kind 16 of thing would have been, hopefully resolved many 17 years earlier than it's being resolved now. 18 Also, the other fact is that Mark Davidson 19 -- please don't forget, he's been out of compliance. 20 There are rules and regulations that you have in 21 place as a city that you're expecting your 22 businesses to abide by. And the CUP's are issued 23 because he doesn't have the right to be in that _hopping center, like the doughnut shop. The oughnut shop is not going to hurt or disturb the DIANNE JONES & ASSOCIATES 310.472.9882 COUNCIL MEETING, NOVEMBER 2, 2005 1 neighborhood; okay? That's why it's a CUP issue 2 because that business could potentially have an 3 impact on the residents in the area, and there are 4 close residents to his business. Even like -- you 5 can look at Chili's and you can look at Appleby's. 6 Okay, they're in a shopping center. There are no 7 residents around. 'But he is very close to 8 residents. 9 So what we're saying is that the residents 10 do support the modifications that are outlined by 11 the Planning Commission on July t 3th, and we support 12 those and we hope that you will listen to all the 13 details and keep in mind what it is you need to do 14 to enforce the laws that you put forth. And I know 15 I've heard Mr. Markman say many times, I know he 16 doesn't want you to set a precedent and vote for 17 something for the wrong reason and say, "Gee, you 18 know, we sort of -- we're going to give him another 19 chance." You really got to look long and hard of 20 what is being -- how he's run his business and why 21 he's run it that way. He's run it that way because 22 he's made a lot of money, a lot of money. 23 I want to address two quick other issues. 24 We were asked -- the residents were asked to submit 25 some tetters, and I wanted to clarify that whole DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf COUNCIL MEETING, NOVEMBER 2, 2005 Page 61 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 62 : CITY OF RANCHO CUCAMONGA 1 issue because, first of all, the communication about 2 who the letters were coming from and what the .urpose and everything was not communicated clearly ~n behalf of the City staff. And we did find out 5 that the City Attorney was asking for those. We . 6 thought, "Okay, we'll submit some letters." 7 Well, then, like a day or so before the 8 staff report was due, it was said, "Oh, well, we 9 want these letters to be included in the council's 1 0 report, but there were some of the letters that 11 weren't submitted that we thought were important to 12 be submitted. So as residents, we said we would 13 rather that we be given the time to make sure that 14 the City Attorney understands all of the information 15 that we're submitting and that we do have some facts 16 and specific incidents that have happened just since 1 7 January, because that's a1t we were asked about, and 18 we wanted to submit those, but I want to make sure, 19 you know, we will gladly, under penalty of perjury, 20 sign letters but we want to make sure that 21 everybody's responses have been reviewed adequately 22 and that we all understand where we're coming from, 23 and the whole purpose behind this is clearly 24 communicated and we are given the time to respond. 25 So it's not like "oh, ill, you know, we didn't ~-D~ANNK.JONES--&-ASSOCIATES.- . 310,472.9882 . RANCHO CUCAMONGA 1 want to sign those because we didn't want to perjure 2 ourselves. That by no means is true. 3 REX GUTIERREZ: So you're saying that you 4 would be willing to sign the minutes -- 5 PEGGY SANCHEZ: No. I'm saying that we 6 would be willing -- 7 REX GUTIERREZ: -- you received under 8 penalty of perjury? 9 PEGGY SANCHEZ: No. I'm saying that we 10 would be willing to sign an official document 11 formatted legally, like the City Attorney wanted us 12 to do, after we've reviewed it and after we make 13 sure that everybody's responses have been turned in 14 and adequately reviewed, because there wasn't the 15 time to do this. And the whole communication about 16 the whole process was inadequate from the beginning. 17 MR. FOX: Mr. Gutierrez, if I may, I 18 represent the staff in this and that's due to case 19 law that requires us to have kind of an internal 20 firewall; so that isn't something that came from the 21 City attorney Mr. Markman. 22 What she's referring to is a questionnaire 23 I prepared to assist staff and, frankly, the 24 residents voice their concerns, and that was what 25 went to them. Along with the first question, are _DIANNE. JONES_&_ASSD.CIATES _ c. 310.472.9882 COUNCIL MEETING, NOVEMBER 2, 2005 Page 63 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 64 1 you willing to provide this information that would 2 be used in the declaration that would be presented 3 and that would be under penalty of perjury. 4 REX GUTIERREZ: And you got resistance to 5 that? 6 MR. FOX: Well, I don't know if we had 7 resistance. Staff can address that because staff 8 presented those to the residents, and I don't know 9 -- I don't know if any of them were signed, quite :.0 honestly. 11 PEGGY SANCHEZ: No, because we didn't -- 12 first of all, we didn't know who it really came from 13 MR. FOX: It really wouldn't matter. It 14 was to tell the truth under penalty of perjury about 15 these incidents. So really the truth is the truth; 16 so really doesn't matter where it came from, was our 17 feeling about that. 18 PEGGY SANCHEZ: Our feeling was it should 19 have been handled more professionally and there 20 should have been a cover letter and it should have 21 been clearly communicated about what the purpose was 2 2 and why you needed this information and how the 23 information was going to be used. That was clearly ~~ot done. So that's why there are no letters here :wow, but we will be glad to revisit that situation. DIANNE JONES & ASSOCIATES 310.472.9882 1 Also, one other situation I want to remark 2 on. We were invited to a meeting by Mr. Davidson's. 3 new Wilshire Boulevard attorney, to be held at 4 Margarita Beach on a Saturday afternoon to discuss 5 -- I'm not sure what he wanted to discuss. But 6 anyway, we -- the residents declined to attend that 7 meeting. First of all, because we didn't feel that 8 was a proper place to have a meeting. And two, we 9 wanted to -- we realized that the ball was in your 10 court at that point. The appeal process had already 11 happened. We had already attended meetings and so 12 forth that the Planning Commission had wanted, gone 13 through all the verbiage, now it was becoming a 14 legal issue. So for us to meet and try and talk 15 about any other issues at that point did not seem 16 likely appropriate time. 17 However, should there arise the need in the 18 future to have some meeting, they should be held at 19 a neutral location and they should be mediated by a 20 non-biased person because this meeting was going to 2 1 be -- the attorney was going to run the meeting, in 22 other words -- "come over here. I'll run the 23 meeting. Let's see what you have to say." And so 24 we just didn't feel comfortabte with that whole 25 situation. So I wanted to -- because he was DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf , CITY OF RANCHO CUCAMONGA Page 65 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 66 , 1 tenibly, tenibly disappointed that we did not 2 attend; so I wanted to explain why we didn't. . Thank you very much. MR. MARKMAN: (Few words can't hear) There 5 have been some cases that have come down in the last 6 year. It used to be kind of a regular thing for the 7 City Attorney or some lawyer from his firm to both 8 advise the staff and the hearing body in situations 9 like this. Well, a couple of cases have come down 10 that make it clear you can't do that anymore. So 11 Mr. Fox of my office has been working with staff on 12 this since the appeal was filed, and I have not. I 13 have been dealing with Mr. Weston and generally the 14 processing at the council level, but I have not been 15 advising the staff so that's the reason forthat 16 dichotomy. 17 MARIAH BLACK: My name is Mariah Black. I .18 reside at 8022 Pacito Avenue. I'm just here to 19 represent with the neighbors also that since 20 February of the first council meeting, that this has 21 continued. My children are still being woken up, 22 we're still having people parking, trash, everything 23 continuing. 24 And I'm kind of appalled by Mr. Davidson 25 and by all police saying we are coming up here being __DIANNE JONES__&__ASSD_C IATES_ 310.472.9882 W RANCHO CUCAMONGA COUNCIL MEETING, NOVEMBER 2. 2005 1 liars and that we also need to be signing something 2 for lawyers when we've been here four, five times 3 stating our concerns, stating our unsafe living 4 conditions, and everything. So I don't feel that 5 any of our neighbors -- I know Davidson feels like 6 we are attacking him and that we have this so-called 7 leader of Davidson and Sanchez battle, but that is 8 not the case. It is definitely individual issues 9 that have appeared due to this business. i 10 Peggy Sanchez made the point that he was 11 inviting us to this meeting. We did not attend due 12 if a meeting that was invited by the committee 13 members. We came to that meeting. Davidson came up 14 here in front of the meeting and conducted it, which 15 turned out into a battle of argument. Nothing was 16 resolved, no one heard anybody, no one wanted to 17 hear anybody or get any concerns or conditions made. 18 So that's is why we didn't attend that meeting. 19 You've heard all the points, you've heard 20 the point of our safety issues. You've heard the 21 point of him not obeying by the permit. You've 22 heard everything. You have stacks of papers in 23 front of you. You have, you know, pictures, you 24 have all the evidence. And all we're asking is for 25 you to take into consideration, go through it . _ __DIANNE_J:.QNES_&ASS_O_CIATES___, 310.472.9882 Page 67 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 68 1 thoroughty and go with the conditions that... (can't 2 hear few words.) 3 Thank you very much. 4 MAYOR PRO 1EM: Thank you. 5 DAVID MOSURE: My name is David Mosure. I 6 reside at 8026 Cambridge. I'm basicalty the closest 7 resident to Margarita Beach. I have brought a DVD, 8 the City has a copy, which we wilfbe showing in a 9 minute. According to Mr. -- I will start off here. 10 According to Mr. Davidson, the noise that I have 11 called the police about repeatedly is coming from 12 Gilberto's Lounge. Mr. Davidson doesn't live at my 13 house. There is no possible way he could know what 14 we are hearing. AB you will see in the DVD I 15 created from videos I made showing the noise levels 16 coming from Margarita Beach, it's not Gilberto's. 17 It's Margarita Beach. 18 I have more important things to do than 19 make false calls to the police and make false 2 0 allegations against Margarita Beach. Why would I, 21 if they are not disturbing me? I have better things 22 to do, as well as you would. 2 3 The bar itself, as well as the patrons, .2 t1 with the noise levels have cost me many hours of st sleep so I'm hoping that this meeting will DIANNE JONES & ASSOCIATES 310.472.9882 COUNCIL MEETING, NOVEMBER 2, 2005 1 finalty resolve, as the decision of the City council 2 will resolve all of this. 3 Prior to all of these city council meetings 4 and city planning meetings, I had not even heard of 5 Ed Sanchez, nor had I even met him. So to make it 6 very clear, Ed Sanchez has not influenced my 7 decision to complain about or to discuss Margarita 8 Beach to the City or to the police. 9 Mr. Davidson also has recently hired two 10 private investigators to took into complaints. 11 Local residents like myself during September 5th, 12 October 5th, 7th, 8th, t4th and 15th. How can a few 13 random days of good behavior on the bar's behalf 14 accuratel y discount what all of us residents have 15 been putting up with for several years? 16 According to Mr. Davidson's declaration in 17 his own words, we do not -- this is his words 18 exactly. Quote, "We do not present any live 19 entertainment whatsoever, much less any adult live 20 entertainment. But just last week, he had the radio 21 station Xt03.9 playing alternative rock and roll, 22 which was live entertainment. 23 He atso states on page 25, on line 59 of 24 the documents you have before you. "What I also 25 discovered while reviewing the calls for service at DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 70 Page 69 1 the police department with Sergeant Morrison, was 1 the cameras; will give you an idea of -- Wat in the last three years there was not a single 2 REX GUTIERREZ: So you live in the W"lice call for service initiated by or related to 3 apartments behind -- 4 Estacia neighbors that was directly connected to any 4 DAVID MOSURE: No, I do not. I live next 5 Margarita Beach customer." 5 to the apartments. 6 Numerous calls have been made by me and 6 Repeatedly through the night somebody comes 7 other neighbors against Margarita Beach because of 7 and goes. I understand they have to throw out trash 8 the noise and other disturbances, some prior to 8 and things, but somebody tends to leave that door 9 three years ago and many within that time. 9 open quite a bit during the week off and on, and I 10 Also, prior to this, I had never met with 10 hear everything. I have dual-pane windows which we 11 captain Ortiz nor Sergeant Morrison because I was 11 just installed recently. 12 told -- because Sergeant Morrison had stopped by my 12 This goes on, off and on all week. 13 house while I was a way, that anything that we said 13 Granted, it's not every single day . You get the 14 or discussed with him would be off record and not 14 idea. Basically where the camera is right there, 15 documented. Both of these officers are friends of 15 you see the shot of these trees, are at my backyard. 16 Mr. Davidson's. 16 That's the back comer wall. 17 I'd like to -- (can't hear. few words.) 17 This is three individuals walking down the 18 If you could dim the lights, please. This 18 back alleyway who you will not see but you can 19 is from my backyard looking out on the bar itself. 19 clearly hear them urinating on the back alleyway, 20 This is just with the door cracked. The date of 20 basically backing up against my house. And this 21 this video was before June 25th. 21 footage was taken on June 25th between 1:00 and 2:00 22 REX GUTIERREZ: Where were you? 22 a.m. This is actually looking through my fence, 23 DAVID MOSURE: In my backyard. 23 which backs up against Ken's Japanese Restaurant. 24 REX GUTIERREZ: How many feet from this -- 24 If you listen carefully, you can actually 25 DAVID MOSURE: You'll see when I back up 25 hear what they are saying. ' D~ANNE-JONES-&-ASSOCIATES.-- ___ DIANNE_ ~ONES& _ASSOCIATES__ 310.472.9882 310.472.9882 ~. ","CHO CUCAMONGA COUNCIL MEETING, NOVEMBER 2, 2005 Page 71 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 72 1 DENNIS MICHAEL: This is from the back 2 alleyway? 3 DAVID MOSURE: Yeah. See the steel bars 4 right there? They stop right at the wood fence. 5 REX GUTIERREZ: I couldn't make out what 6 they are saying, but are you implying what they are 7 saying indicates that their from Margarita Beach? 8 DAVID MOSURE: No. The loud levels of 9 noise. They walked from Margarita Beach, but what 10 I'm referring to as far as this video is the 11 disregard for the neighborhood. And after this, 12 they're going to start up their cars and leave, 13 which is what generally wakes up my wife and I. You 14 can see the white car parked there, as well as all 15 the trucks parked along the comer here. 16 Loud trucks are what we hear pretty much 17 every other night, regular (can't hear one word.) 18 DENNIS MICHAEL: Again, this is in the 19 alley? 20 DAVID MOSURE: Sorry? 21 DENNIS MICHAEL: This is in the alley? 22 DAVID MOSURE: Yes. Many times you will 23 hear people driving up and down the alleyway, *ealing out, flooring it, gun their engines, rev it p, then take off. DIANNE JONES & ASSOCIATES 310.472.9882 . 1 REX GUTIERREZ: (Can't hear question.) 2 DAVID MOSURE: No, not exactly. 3 REX GUTIERREZ: Do you remember what time 4 it was? 5 DAVID MOSURE: This video actually I do. 6 It was between 1:42 and 2:32 a.m. on June 25th. 7 REX GUTIERREZ: So how many feet do you 8 approximate you live from -- 9 DAVID MOSURE: From their back door? lOREX GUTIERREZ: -- from Margarita Beach, 11 from the back door? 12 DAVID MOSURE: I realty wouldn't know. I 13 mean, you guys had included in your paperwork aerial 14 view, a map that... 15 REX GUTIERREZ: Seems like it's about (?) 16 feet. 1 7 DAVID MOSURE: Can we show this? 18 REX GUTIERREZ: From the fence. 19 DAVID MOSURE: Well, right here, the pool, 20 this is my house and my pool. So it's at this 21 comer here that you were seeing -- as a matter of 22 fact, you can see the bushes right there by this 23 white line. That's the distance right here from my 2 4 house to Margarita Beach. 25 DENNIS MICHAEL: Where is your home again? DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf COUNCIL MEETING, NOVEMBER 2, 2005 Page 73 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 74 CITY OF RANCHO CUCAMONGA 1 VICKY SIMONE: Good evening, Madam Chair 2 Person and Council Members. My name is Vicky 3 Simone. I reside at SOl 6 Pacito A venue. I would 4 like to start off with saying as far as the meeting 5 that was being held at Margarita Beach that none of 6 the neighbors attended, we were not asked ahead of 7 the scheduling of that meeting what would be a good 8 day for us, and we all have busy lives. My son 9 plays baseball on Saturday, and the time of the 10 meeting I could not attend. I had a game 11 In the matter of the letters regarding 12 incidental information, I typed a letter which 13 stated my current issues with Margarita Beach, and I 14 signed my name to it. Whose hands that letter fell 15 into, I could not tell you. But it was a two-page 16 typed letter that I signed my name to when the form 17 that this gentleman over here had sent out through 18 the neighborhood asking for more. 19 The information I wanted to give was too 20 much to fit on the form; so I typed a letter. It 21 was two pages long. 22 MAYOR PRO TEM: Did you mail it -- excuse 23 me -- did you mail it or do you know what -- how did END OF TAPE t -- ^ MARKMAN/WILLIAMS (City adds 24 you get it get it back do? Do you know? this.) 25 VICKY SIMONE: It was delivered by Ed -~~D~ANNE--JONES-&~ASSOCIATES____ _ ._DIANNE _J.oNES __&_ASSOCIATES 310.472.9882 310.472.9882 1 DAVID MOSURE: The house with the pool Mght there. . REX GUTIERREZ: So at the time you took the 4 film you were where? 5 DAVID MOSURE: Right in my backyard. Where 6 the pool is here, I was right at this comer right 7 there. 8 SPAGNOLO: Maybe t20 feet? 9 DAVID MOSURE: Yeah. 1 0 SPAGNOLO: The lots to be about 60 feet. 11 MR. DIAZ: Estimated about 200 feet. 12 SPAGNOLO: 200 feet? 13 MR. DIAZ: From the comer of the property 14 (can't hear tape.) 15 DAVID MOSURE: The apartment complex that '16 you thought that I was living in is actually right 17 around here. That is all I have to say about that. 18 DENNIS MICHAEL: Could you put that map 19 back up again? I've driven in the neighborhood more 20 than once prior to tonight's meeting, but just to 21 get idea -- I want to go over to the west looking at 22 Estacia (can't hear few words.) 23 24 25 _ RANCHO CUCAMONGA COUNCIL MEETING, NOVEMBER 2, 2005 Page 75 COUNCIL MEETING, NOVeMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 76 1 Sanchez to Mike Diaz . 2 MAYOR PRO 1EM: Do we have that? 3 MR. FOX: That'S part of our record. 4 MAYORPR01EM: Okay. 5 VICKY SIMONE: Okay. And then I just also 6 wanted to point out in the photographs that were 7 given by Victoria Sanchez -- 8 MR. MARKMAN: Stop a second. That letter 9 is part of the packet that's been delivered to the 10 council? Has the council seen this letter? Has 11 Margarita Beach seen this letter? 12 MAYOR PRO 1EM: We have some 13 letter...(inaudible.) 14 MR. MARKMAN: I don't recall seeing that 15 and I'm pretty familiar with this. (Unaudible.) 16 VICKY SIMONE: I'm sorry. It's not two 17 pages. One full page. 18 ^ MR. MARKMAN: (City added name) 19 MAYOR PRO 1EM: So we have not seen that 20 letter? It's not part of this packet? 21 JIM: Let's clarify. 22 VICKY SIMONE: I will sign it now if you 23 want me to. . JIM: Well, I tell you what, you just want - can you put in what you said in the letter orally DIANNE JONES & ASSOCIATES 310.472.9882 I Ib 1 or read it into the record? 2 VICKY SIMONE: I will gladly read the letter 3 to my other statement that I prepared for this 4 evening. 5 MAYOR PRO 1EM: That would be great. 6 VICKY SIMONE: Getting back to the 7 photographs that Victoria Sanchez gave to you all, 8 when you review them later, if you could do 9 yourselves a favor and take note, in one of the 10 pictures there is a sign in the background that 11 reads "eat and drink be fat and drunk." Which in 12 itself states the supposed nature of the business 13 that Margarita Beach is running. Ijust wanted to 14 pointthat out. 15 The letter in question that none of you got 16 to see, says, "My name is Vicky Simone, residing at 17 SoI6 Pacito Avenue, Rancho Cucamonga. I am part of 18 an ongoing dispute concerning Margarita Beach and 19 its patrons. Though Mr. Davidson argues the 20 problems between his business and our neighbor no 21 longer exist, the fact of the matter is they do. 22 His business continues to be a distraction to the 23 quality of my life. A perfect example of this fact 24 is that on the evening of September ISth, Sunday, at 25 approximately 9:45 P.M., I was pulling up to my DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf COUNCIL MEETING, NOVEMBER 2, 2005 Page 77 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 78 CITY OF RANCHO CUCAMONGA 1 house when I noticed a man had parked his car in ~2 front of my house and had started to walk over to argarita Beach." This is all in my statement as well for this evening. 5 "I turned my vehicle around and drove to 6 Margarita Beach so I could make the staff member 7 outside of Margarita Beach that -- the staff member 8 outside monitoring the door aware that he was 9 coming. Previously Mr. Davidson has promised us 10 verbally and in writing in his many letters to us 11 neighbors that he would be -- he would have staff 12 members at the door monitoring the comings and 13 goings of his patrons and anyone that was walking 14 from the adjacent neighborhood would not be allowed 15 entry into his establishment, which is the purpose 16 of my statement in this lelter here. Because-- 17 "when I arrived there was no staff member monitoring 18 outside. I summoned one from inside by a patron who 19 had been sitting outside the door, but when I 20 informed him, he looked at me as if he had no idea 21 what I was talking about or why I was even telling 22 him this man was coming. Mr. Davidson has on 23 several occasions assured my neighbors and myself 24 that no one would be allowed entry if they had in 25 fact walked from the adjacent neighborhood. So why - --D~ANNEJONES~&-ASSOCIATES___ 310.472.9882 . RANCHO CUCAMONGA 1 then would his staff member be confused as to what 2 his action should be had Mr. Davidson properly 3 trained and informed all his staff members as to the 4 promises and agreements he has made with us, not 5 only verbally but in writing as well. 6 "As a citizen of this fine community, I 7 would like to take this time to thank you in advance 8 for your time and cooperation regarding this 9 matter." 10 I stand before you today to inform of the 11 recent experiences my family has had regarding 12 Margarita Beach since the beginning of these 13 proceedings, February 2005, The September 18th 14 issue -- incident I just read to you -- my IS-year 15 old daughter who is here tonight, my t3-year old son 16 and my 19- year old son were in the car with me so 17 they are witness to the fact this actually happened 18 because I've been accused of lying? 19 DENNIS MICHAEL: Is on the t8th? 20 VICKY SIMONE: 18th of September, Sunday 21 evening, 9:45 P.M. 22 Let me go down my letter here because I 23 don't want to be repetitive. 24 If Margarita Beach is supposedly working so 25 hard to correct the problems with people parking in _DIANNE_J_ONES_&_ASS_O_CIATES_ _ _ 310.472.9882 1\ I COUNCIL MEETING, NOVEMBER 2, 2005 Page 79 COUNCIL M~ETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 80 1 front of our houses, then why I ask you did I have 2 to train his employee for him as to the parking and 3 no walking policy to his establishment, if there 4 even is one? 5 Approximately 4 weeks ago on a Friday 6 evening, my 16-year old son, who is also here with 7 me tonight, over there, went to bed early because he 8 had to get up early the next morning. This was a 9 Friday evening. He came to my room at about 10 11:45 P.M., complaining that he was having trouble 11 sleeping. He complained that the constant 12 headlights flashing in his bedroom window and the 13 loud booming radios from those cars that were making 14 you turns on our cul-de-sac were prohibiting him 15 from steeping. Since his bedroom is in front of the 16 house, he informed me that he was going to sleep in 17 the family room, which is in the back of the house. 18 As you all know, my neighbors and I came 19 before you in February of this year to express the 20 concerns we have regarding Margarita Beach, its 21 patrons and our neighborhood. We came asking that 22 Margarita Beach be forced to operate under the 23 conditions of the original CUP and entertainment ~ennits, not as the bar/nightclub they have .urrently been operating as. DIANNE JONES & ASSOCIATES 310.472.9882 1 You told us to take our concerns to the 2 City Planning Commission, which we did. At which 3 point we were put through Neighborhood Watch 4 meetings, community meetings that were supposedly 5 going to be mediated by the City, city planners 6 meetings and now back to you, city council, 7 We have done and performed every task asked 8 of us, including signing sworn statements. I missed 9 my signature, sorry. 10 We have given individual testimonies 11 regarding our numerous experiences, and we have 12 provided the City with physical evidence to prove 13 each testimony. We have provided more than enough 14 evidence to prove beyond any doubt that Margarita . 15 Beach has always, and continues to this day, operate 16 as a bar/nightclub being comptained about. 17 Today we have again provided you with 18 current incidence since February 2005 providing that 19 Margarita Beach continues to be a problem, not only 20 to our neighborhood but to its very own surrounding 21 businesses; i.e. Nancy's Nail Salon. 2 2 Yet now we find that we have to defend our 23 own characters and the credibility of our 24 complaints. We are not the bad guys here, yet it 25 appears that our complaints and our livelihoods have DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf COUNCIL MEETING. NOVEMBER 2. 2005 Page 81 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMQNGA Page 82 CITY OF RANCHO CUCAMONGA 1 been placed on trial. 2 After the last meeting that we had here on aeptember 22nd, I personally spoke with Mark I. ~avidson and his attorney, Mr. Reese, outside. He 5 referred to his establishment as a family restaurant 6 and a neighborhood bar. But when I asked him if 7 you're a family restaurant, yet I won't bring my 8 family to it, and you're a neighborhood bar, but yet 9 no one in the neighborhood comes to it, how can you 1 0 call yourself these things? 11 And 10 and behold, Mr. Davidson could not 12 answer my question. He stood there dumbfounded. 13 Mr. Davidson and his lawyers have attacked 14 the credibility of the story I told regarding the 15 attempted break-in I had at my house by fabricating 16 and twisting the facts. I never said my house was 17. broke into. I said I had a prowler who attempted to 18 break into my home. 19 On page 20, item 44 of the declaration of 20 Mark Davidson, Mr. Davidson swears under penalty of 21 perjury that I said an intoxicated man broke into my 22 home, and this is categorically untrue. Well, he's 23 right, because an intoxicated man did not break into 24 my house. The intoxicated man attempted to break 25 in, damaging property, leaving not only his vomit - --DJ:-ANNE-JONES-&-ASSDCIATES 310.472.9882 . .. RANCHO CUCAMONGA COUNCIL MEETING, NOVEMBER 2. 2005 Page 83 1 Any comments Ollieer Slover may have made 2 regarding his stay in this neighborhood were clearly 3 fabricated by Mr. Davidson. For the record, Officer 4 Slover and his family moved from this neighborhood 5 the same summer that the attempted break-in took 6 place. 7 My neighbors and I are not the ones lying 8 here, nor are we the ones twisting the facts. We 9 have totd our stories and we have provided proof to 10 them. We are not the problem. The problem is that 11 Margarita Beach holds a CUP and an entertainment 12 permit for a restaurantlbar establishment with 13 incidental alcohol beverage sales. We have time and 14 time again proven that this is not the current 15 nature of Margarita Beach, nor has it ever been. 16 Mr. Mayor himself just sat here tonight and 17 to Mr. Lyons, I quote, said, "the law is the law and 18 we have to follow it until it gets changed." 19 Madaam Chair Person, how is it, then, that 20 Margarita Beach is being allowed to break the laws 21 of his CUP and entertainment permits? Do these 22 guidelines only apply randomly where you, as city 23 officials, see if it? _ The bottom line is that Margarita Beach is .perating as a nightclub, border lining an adult DIANNE JONES & ASSOCIATES 310.472.9882 1 and defecation in my planter boxes, but his personal 2 belongings as well, all of which were turned over to 3 the police when we came to take my report. 4 Mr. Davidson also swears under penalty of 5 perjury that after receiving subsequent, quote, 6 subsequent communication from a neighbor, Riverside 7 deputy sheriff named officer Jason Slover, an 8 ex-neighbor of mine, that the incident where the 9 intoxicated man broke into her home was not related 10 to a Margarita Beach patron. 11 Well, Mr. Davidson should.not swear under 12 penalty of perjury to things that are untrue. 13 Deputy Slover is a fairly new officer who at the 14 time was still doing his time working in the prisons 15 for Riverside County, not a San Bernardino county 16 sheriff working for the City of Rancho Cucamonga. 1 7 He was not the officer that came to my 18 house and took my statement as to the events that 19 happened the night prior; nor is he the officer that 20 I gave all of the belongings as proof that somebody 21 was actually in my yard, my backyard as well. 22 Therefore, any knowledge Officer Stover mayor may 23 not have of that evening is clearly thirdhand 24 information, is not valid, holding no bearing on the : 25 credibility of my statements. I _ _DIANNE._JDNES_&_ASSo.CIATES_ 1 310.472.9882 CITY OF RANCHO CUCAKONGA COUNCIL MEETING, NOVEMBER 2, 2005 Page 84 ! I 1 entertainment establishment. Margarita Beach 2 patrons have over the years trickled into our 3 neighborhood affecting the quality of our lives. So 4 my question to you, council members, is this: How 5 long are you the elected official of the City of 6 Rancho Cucamonga going to allow these shenanigans to 7 continue? 8 REX GUTIERREZ: Can I ask a question? I 9 have a question. When did you say your house was 10 prowled? 11 VICKY SIMONE: No. I said that I had an 12 attempted break in. 13 REX GUTIERREZ when? 14 VICKY SIMONE: That was in the summer of 15 2004, either late June or early July. I can't 16 remember exactly. I know it was baseball season. 17 REX GUTIERREZ: I'm just trying to get my 18 facts straight. You said that the neighbor who was 19 a jailer for Riverside County -- 20 VICKY SIMONE: Jason Stover. Our daughters 21 went to kindergarten together. I know them very 22 well.' 23 REX GUTIERREZ: You say he was gone by that 24 time? 25 VICKY SIMONE: He moved that summer, DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf COUNCIL MEETING, NOVEMBER 2, 2005 Page 85 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 86 CITY OF RANCHO CUCAMONGA 1 shortly after my incident. He has not lived in our 2 neighborhood for well over a year. .. REX GUTIERREZ: I talked to him in February or March this year. He was getting ready to move. 5 VICKY SIMONE: Not from my neighborhood. 6 REX GUTIERREZ: Yeah. I talked-- 7 VICKY SIMONE: They sold their house and 8 rented the house that is just down the street from 9 mine where they lived for about a year and a half or 10 2 years. Then they moved from that house to her 11 parents or something house. They were waiting to 12 purchase a new house. 13 REX GUTIERREZ: Okay. I thought the gist 14 of what you were saying is he doesn't have any idea 15 what happened because he moved. 16 VICKY SIMONE: He moved but even had he 17 still been living there -- 18 REX GUTIERREZ: He moved down the street? 19 VICKY SIMONE: He moved from down the 20 street to out of our neighborhood. He no longer 21 lives in the neighborhood, has not since last 22 summer, 2004. 23 REX GUTIERREZ: Well, I talked to him at 24 his home on the Estacia in February, I believe. 25 VICKY SIMONE: No. His daughter has not _ ~_DIANNE__.IONES & ASSQC_I1\,TES 310.472.9882 . RANCHO CueAMONGA 1 gone to our school -- our daughters -- 2 REX GUTIERREZ: Different deputy. 3 VICKY SIMONE: It must be, because Jason 4 Slover and his wife Cari Slover moved last summer. 5 REX GUTIERREZ: There was a deputy that was 6 getting ready to move. 7 VICKY SIMONE: Jason Slover moved last 8 summer and he's the deputy specifically named in 9 Mark Davidson's declaration. So there is another 10 deputy -c he's a corrections officer, Ed, down the 11 street. 12 Any other questions? 13 MAYOR PRO TEM: Thank you. Next. 14 ED SANCHEZ: Good evening, council members. 15 My name is Ed Sanchez. I reside at 9869 Estacia 16 Court, here in Rancho Cucamonga. In February of 97 17 I attended a meeting in Captain Hoops' office. At 18 that meeting was Mark Davidson and two of my 19 neighbors. 20 We informed Davidson about the problems 21 with his business, and the outcome of that meeting 22 was posting security to return their customers back 23 to the neighborhood and to retrieve their cars and 2 4 park their cars on their lot. Over the years he 25 would go through and post these people, but the DIANNE JONE~.J;c_l\SSO~IAT~.s____; 310.472.9882 Page 87 COllNCIL MEETING, NOVEMBER 2. 2005 CITY OF RANCHO CUCAMONGA Page 88 1 thing never worked. These people would wind up not 2 being there for some reason or another, and anytime 3 he had a promotion. we would have people back in our 4 neighborhood. You could attest to the statements 5 that were made earlier by my neighbors that this is 6 still ongoing. 7 Subsequently, we had a meeting when Captain 8 Ortiz took over Rodney Hoops' position. When Rodney 9 left, I wanted to make sure that the new captain 10 would know what policies we had made and 11 established. And in statements made earlier in the i 2 deposition by Mark Davidson, the troubles actually 13 that he stated actually started after that first 14 meeting that we had with Captain Ortiz, and that was 15 not true. 16 We have been going on with this situation 17 for nine years. Understand that Margaritaville 18 changed from a restaurant, which was Skipper's, into 19 a nightclub. This was not a gradual type of change. 20 It happened immediately upon the opening of 21 Margaritaville. You see in plenty of the photos 22 from off of his website and the fliers. And after 23 viewing this material, there should be no doubt that ~argarita Beach is a nightclub. Anybody doubt that? 9don't think so. DIANNE JONES & ASSOCIATES 310.472.9882 COllNCIL MEETING, NOVEMBER 2, 2005 1 During planning investigation we were 2 issued copies of the conditionat use permit and the 3 entertainment permit. Upon inspection of these 4 permits, we found that the business was to be 5 operated as a restaurant. Mark Davidson's 6 application for his annual business license with the 7 City states that he operates a restaurant. 8 Can I have the lit, please? 9 His ABC license states Type 47, on sale, 10 general eating place. Upon reviewing his ABC 11 license we found that all of his permits, okay, the 12 conditional use permit and the entertainment permit 13 and the alcohol and beverage control license, they 14 all combine together with one another to define what 15 type of business this should be. And this is not a 16 mistake. This is a plan where you take these 17 documents and you put them together, and this is 18 what the outcome's supposed to be. 19 In this case, his ABC license is a Type 47 20 with requirements that state he operates a bona fide 21 public eating place, and I quote bona fide public 22 eating place, which means a ptace which is regularly 2 3 and in bona fide manner used for the serving of 24 meals to guests for compensation. In other words, 25 for a restaurant; okay? DIANNE JONES & ASSOCIATES 310.472.9882 d84Db9c6-d8Db-4345-87dd-6c7e5a85ecdl Page 89 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 90 CITY OF RANCHO CUCAMONGA 1 Other requirements to this permit, minors ~and children to eat at this restaurant. We have a ot of restaurants in our cities like the Chili's and Appleby's that have a 47 type license, but they 5 do not operate a nightclub. 6 The Planning Department and Commission are 7 your professional staff. They are the experts 8 entrusted to make decisions that are in the business 9 interest of the City that you represent. They issue 10 the CUP and the entertainment permit to businesses 11 that can become problematic, like Margarita Beach. 12 The conditional use permit and the entertainment 13 pennit and the ABC license are performance 14 contracts. They state how this business is to be 15 operated. They are entered into by the City and by 16 the business owner to assure that that business is 1 7 operated properly. 18 The planning staff and the Commission found 19 Mark Davidson in violation of the CUP and his 20 entertainment permit. Planning Commission and staff 21 recommends bringing this business back to what it 22 was originally intended to be, and that is a 2 3 restaurant. 24 And the consensus of my neighbors 25 surrounding Margarita Beach support the - --DIANNE JONES--&_ASSOCIATES 310.472.9882 . RANCHO CUeAMONGA COUNCIL MEETING, NOVEMBER 2, 2005 1 modifications to Margarita Beach's conditional use 2 permit and entertainment pennit. This will bring 3 this business back that has gone witd and puts it 4 under compliance once again. 5 You, the council, are entrusted by the 6 voters of Rancho Cucamonga to operate the City to 7 make sure that your decisions on Margarita Beach is 8 in the best interest of the City. No. I, statement 9 on your mission statement. 10 Don't send a message --'Okay. The council 11 must vote to support the recommendations of the 12 planning staff. Don't send the message that the 13 council is more concerned about a businessman that 14 is in blatant violation of his pennit over the 15 health, safety and welfare of the residents of 16 Rancho Cucamonga. You must do this, do your job and 17 do it right. 18 There is another thing that I wanted to 19 highlight about this type of business, and this is 20 Paul Morrison's statement that was done on 21 March 17th of this year when we asked specifically 22 for levels of service. 23 Can I please have that up? 24 I want to highlight two things here. We 25 want to look at assaults. Now, you been -- we've . ___DIANNK_JDNES &_ASS.o.CIATES 310.472.9882 Page 91 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 92 1 been talking to you about the Nancy's Nails having 2 their customers throw one customer through the 3 window. Well, I actually went over and looked at 4 the broken windows, the blood and the damage that 5 occurred to Nancy's. You know what, this is plate 6 glass. It's not safety glass. This person that 7 went through that window bled a lot. Okay. But you 8 know, the report for this incident is just a real -- 9 doesn't-say-a-lot-type of report. You have it in 1 0 your packages. 11 But let's look at this business. What kind 12 of restaUrant in this city has to have 54 calls for 13 assaults. I don't think there is any. Then look at 14 the disturbance of the peace. Those are probably 15 calls that are coming from our neighborhood, people 16 that have been affected by this business. And we 17 are only looking at a window here of three years. 18 Think about what has happened to us over the last 19 9 years, almost to years now. 20 The conditions before you, please vote to 21 uphold them because this staff is your staff; they 22 are your professionals, and they have come up with 2.] the best idea as to how to get this business back .under control. REX GUTIERREZ: I have a few questions. DIANNE JONES & ASSOCIATES 310.472.9882 COUNCIL MEETING, NOVEMBER 2, 2005 1 Thank you. You say it's been going on over 9 years. 2 So what is the time on -- you said you met in t 997. 3 ED SANCHEZ: Correct. What he did, he 4 opened his business in March of '96. What 5 transpired through that first summer is that we 6 started seeing the grandiose promotions that were 7 occwring over at his establishment. And as a 8 result, there was overflow that was coming right 9 straight into our neighborhood. That is when we 10 started to have the urination. 11 We actually had people that I saw drinking 12 out of their car in front of my house. I've seen 13 men stand outside their vehicles and piss on the 14 cement out there. It's not a pretty picture; okay? 15 So when we realized or when I realized that this was 16 becoming a problem where the bar is -- or the 17 establishment was operating well beyond its capacity 18 for that parking lot, that is when I called the 19 Mayor and then was referred to Captain Hoops to hold 20 that fIrst meeting. 21 REX GUTIERREZ: How many times between 22 1997 and 2005 did you complain? 23 ED SANCHEZ: Complain to who? 24 REX GUTIERREZ: Calls; right? Phone 25 calls? DIANNE JONES & ASSOCIATES 310.472.9882 dB40b9c6-dBOb-4345-B7dd-6c7e5aB5ecdf Page 93 . COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 94 I CITY OF RANCHO CUCAMONGA 1 ED SANCHEZ: Sure, sure. There is plenty 2 of calls that were made. My family has made .umerous calls. But, you know, there is something hat is just really -- you know, we have had this 5 report that states that we had 4t2 calls for 6 service. Well, you know, all of a sudden, after the . 7 February 2nd meeting, the calls for service that .8 were being held by the neighbors, the report stated 9 we only had two. And I know for a fact that my 10 neighbors have made multiple calls. I know I have 11 made multiple calls. 12 REX GUTIERREZ: I was just wondering, were 13 there periods of years, let's say, from 2000 to 14 2003, for example, where it was relatively -- I'm 15 not going to say quiet, but where the neighborhood 16 really didn't get up in arms? Because I know in 17 this year, 2005 February, everything just seemed to 18 explode, and I don't know whether you just kind of 19 -- 20 21 22 23 24 25 ED SANCHEZ: No. Every time the weather would get good, okay, and specially the summertime. REX GUTIERREZ: You say summertime is the worst. ED SANCHEZ: Well, we have a pretty good climate here in this state, if you haven't _ _.DIANNK JONES_&_ASSOCIATES _ 310.472.9882 '. RANCHO CUCAMONG. COUNCIL MEETING, NOVEMBER 2, 2005 1 recognized that, but from March all the way to even 2 now we are having days of 85 degrees, 90 degrees 3 last week. 4 Now, there are -- they are patrons -- Mark 5 Davidson's patrons that I have seen and witnessed 6 that had will park in our area and then walk across 7 the street and go over to their business. Several 8 years ago they used to park right behind my house, 9 which has a little easement that is adjacent to -- 10 -- we have this shown. Where am I? Okay. My 11 property -- where am I? 12 I'm not on this one. My property is this 13 third house from the comer over here. From my 14 backyard, okay, you could see directly right 15 straight over into the parking lot of Margarita 16 Beach. The noise that comes from and emits back 17 over to my area has been a problem; it's always been 18 a problem. If you look here -- this is where the 19 gas station is located; there is an easement with a 2 0 dirt field here. 21 At one point, we had so many vehicles that 22 were parked back behind our house that, you know, 23 you'd look over the wall and there is dozens of 24 vehicles. Well, Mark Davidson thought that would be 25 a good idea, let's go ahead and put some yellow tape _DIANNE _J_ONES_&_ASS.O_CIATES_ 310.472.9882 Page 95 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 96 1 up there and try to prevent people from parking 2 there. But no, this has been an ongoing problem. 3 It's been an ongoing problem since he opened. 4 And-- 5 DENNIS MICHAEL: Can I ask -- and I know 6 this is going back in time and we are here in the 7 here and now and not over the past 9 years, but I 8 have heard more than one resident get up and talk 9 about problems that you have suffered in your 10 neighborhood for over 9 years. 11 ED SANCHEZ: Correct. 12 DENNIS MICHAEL: I'm curious. I know 13 you've met with the police chief on two separate 14 occasions. Why.- is there a reason why this was 15 wasn't raised at a council level? Maybe it was. 16 ED SANCHEZ: Actually, to be honest with 17 you, my first call to the City about this in '97 was 18 actually to the Mayor, and I was referred then to 19 the police department. Under -- not knowing what 20 the processes are here with the City, I thought we 21 were dealing with the appropriate agency to take 2 2 care of this matter. Back at that time, you got to 23 understand, that nobody knew what his pennit 24 requirements were. We had no idea as to what kind ef operation he was supposed to operate. Then~ now, DIANNE JONES & ASSOCIATES 310.472.9882 COUNCIL MEETING, NOVEMBER 2, 2005 1 now that we began this process, we realize that he's 2 been out of compliance for all this time. Okay? 3 DENNIS MICHAEL: Okay. 4 ED SANCHEZ: Any other questions? 5 REX GlITIERREZ: I don't know what the right 6 time to ask. t really want to hear the other side, 7 but I raised an issue and this may not necessarily 8 be for you to answer, Mr. Sanchez. I raised an 9 issue in earlier meetings saying that i was told 10 that Margarita Beach doesn't let people take bottles 11 or containers and drinks out. Is that the policy of 12 Margarita Beach? 13 ED SANCHEZ: I have no idea. 14 REX GUTIERREZ: What the reason was, I was 15 wondering where the bottles and cans come from if 16 they don't come out of Margarita Beach, and I 17 mentioned possibty the liquor store. 18 ED SANCHEZ: When you mention that, you 19 know what that basically did, in my opinion, is that 20 it deflected blame as to where blame should have 21 been. 22 REX GlITIERREZ: Just looking for -- 23 ED SANCHEZ: Can I finish my statement? 24 You asked a question; I want I'd like to finish. 25 Blame is actually with their patrons. They DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf Page 97 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 98 CITY OF RANCHO CUCAMONGA 1 bring the booze, they bring the beer in their .2 vehicles. They have ice chests there. And they Avind up drinking -- even with cheap drink specials, ~e has patrons that wind up drinking prior to 5 evening getting to the establishment. They want to 6 have a buzz on before they go into the place. 7 That's what happened. Okay? 8 REX GUTIERREZ: Okay. I was just curious 9 because as soon as I mention -- 10 ED SANCHEZ: Because I think it's wrong to 11 infer -- 12 REX.GUTIERREZ: Can I please make a 13 statement now? 14 ED SANCHEZ: Excuse me. 15 DENNIS MICHAEL: Just from curiosity 16 standpoint because a lots of things have been said 17 tonight and we end up having to deal with the facts 18 and we're not discounting anybody that's been up 19 here, but you've seen -- I'm assuming, then, if they 20 are bringing ice chests in their vehicles, you've 21 seen their vehicles with the ice chests in them? 22 ED SANCHEZ: Yeah. Early on I did see 2'3 that, and it's been several years. But, you know, 24 when you get up in the morning and you go out to 25 pick up your paper and there is trash that is in _DIANNE.JONES_&_ASSOCIATES 310.472.9882 ~ RANCHO CUCAMONGA COUNCIL MEETING, NOVEMBER 2, 2005 1 your yard and you know that there's been patrons 2 from the establishment parking there, hey, they 3 brought it with them. I didn't put it in their car. 4 REX GUTIERREZ: I'm curious because there 5 are a lot of businesses there. I know most of them 6 don't open nearly as late as Margarita Beach. I did 7 ask the question earlier of when the liquor store 8 closes. 9 ED SANCHEZ: Midnight. lOREX GUTIERREZ: I brought up -- as soon as 11 I mentioned the words liquor store, which, by the 12 way, most people in the neighborhood refer to as 13 Ramona Market -- 14 ED SANCHEZ: Yeah. 15 REX GUTIERREZ: Although the sign up there 16 says Ramona Liquors, but it's the same business. As 17 long as I mentioned the word liquor store, it seems 18 like a lotof the neighbors become unglued and had 19 nothing to do with it, he's a great guy, blah, blah, 20 blah. Is the owner of the liquor store here 21 tonight? 22 ED SANCHEZ: No. 23 REX GUTIERREZ: So he's not from that 24 neighborhood? 25 ED SANCHEZ: Yeah. He lives right up the DIANNE_JONES __& _ASSOC IATES . 310.472.9882 Page 99 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 100 1 street, actually. 2 REX GUTIERREZ: What street? 3 ED SANCHEZ: Up Ramona. 4 REX GUTIERREZ: Okay. I'm surprised 5 because -- I know there has been some statements 6 made tonight that people say are irrelevant. Maybe '7 what I'm saying could be deemed irrelevant, but it 8 troubles me. Let me share it because it's been on .9 my mind a long time. 10 I've heard a few people say to their 11 children how could they live near a place like this, 12 what kind of an example is that. Inside Ramona 13 Liquor, which is a lot closer to you than Margarita 14 Beach -- it's right across the street from you -- I 15 walked in there and there's shelves, shelves up to 16 here on me full of -- this is triple X. This is not 17 website R rated. This is anatomical parts of men's 18 bodies inside women's mouths, and this is -- there 19 is no cover, there is no protection from any person 2 0 or child who walks into that store, happens to walk 21 up there when there is no attention being paid and 22 to look at that. 23 I'm just curious to know why people aren't 24 concerned about living next to an establishment like ~~=h;: ar;~;;~o~ce~ed ;:~~~~;A TES 310.472.9882 COUNCIL MEETING, NOVEMBER 2, 2005 1 of Margarita Beach. I just thought that was 2 important. 3 And Mr. Sanchez, you told me -- you told me 4 that -- well, actually you didn't. I mentioned this 5 to you later. I met you in February in front of 6 your house or in front of your street. And I had 7 heard from various neighbors that the Mayor was 8 assisting you in this issue, which in fine. 9 ED SANCHEZ: I never spoke to the Mayor. lOREX GUTIERREZ: No? I asked you about 11 that, and you said, quote, "If your son had been 12 sent back to prison after getting stopped leaving 13 Margarita Beach, you'd be upset, too." 14 ED SANCHEZ: I didn't state that. 15 REX GUTIERREZ: You didn't? 16 ED SANCHEZ: No, I didn't. 1 7 REX GUTIERREZ: Maybe I heard wrong. 18 ED SANCHEZ: What I stated is that -- what 19 I stated is that Mayor Alexander's son has had 20 problems and it had been with drinking, and I don't 21 know whether there was drugs involved but he had had 22 problems. And he was just recently sent to jail; 23 okay? And when I sit here and think about that, if 24 it was my son, I'd be pretty sensitive about 25 establishments in the City that are offering the DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf CITY OF RANCHO CUC1\MONGA COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA COUNCIL MEETING, NOVEMBER 2, 2005 Page 101 1 cheap booze, an easy venue for somebody that has a 2 drinking problem to start with, to have this kind of .usiness that they can get easy access to cheap lqUOr. 5 MR. MARKMAN: You know, the mayor recused 6 himself. This is so irrelevant -- 7 MAYOR PRO TEM: Can you -- I don't know 8 what-- 9 MR. MARKMAN: -- to the issue, any 10 discussion about the Mayor's son. Come on. 11 ED SANCHEZ: My presentation-- 12 REX GUTIERREZ: I'm trying to find a motive 13 and I'm trying to find out why, while I was on the 14 council early in the 90's up until -- then on again 15 until 2002, I'm just trying to figure out the 16 process of when it gets bad, when people decide to 17 complain, periods of years where there are no 18 complaints. I don't understand timeline; so I'm 19 trying to find out. 20 Sometimes when I ask questions, yes, I'm 21 looking for motives. I'm looking for what brought 22 this about, the final straw. 23 I realize there is some issues here which 24 we will talk about later, but I'm trying to find out 25 and find actual proof that these incidences occurred . DIANNE JONES _&_ASSOCIATESu 310.472.9882 ~ ","CHO CUCAMONGA Page 102 , I 1 as a result of Margarita Beach customers. And in 2 some of these cases, I can't prove that. That's why 3 I'm questioning it, and I have that right. 4 So anyway go ahead. I'm ready to hear the 5 next side. 6 MAYOR PRO TEM: Well, do you have any more 7 you'd like to state? 8 MR. MARKMAN: Come on. 9 (Inaudible.) 10 ED SANCHEZ: On January the 15th. this 11 year -- 12 MAYOR PRO TEM: Keep it to the person with 13 the microphone. 14 MR. MARKMAN: I hope there is not a lot of 15 testimony about the Mayor going out to your house 16 and what was discussed. It's not relevant. He's 17 recused himself. 18 ED SANCHEZ: No, that was never done. The 19 only person that came to visit our neighborhood was 2 0 Rex Gutierrez. 21 MAYOR PRO TEM: We have all been there, but 22 not knocking on your door. 23 ED SANCHEZ: That's the only person I've 24 ever met from the council. 25 The straw that broke the camel's back was __DIANNE uJONES_&_ASS.o.CIATES 310.472.9882 - ;- Page 103 COUNCIL MEE'!'1NG, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 104 .:L actually -- we have been frustrated for all these 2 years of having to endure the problems that have 3 been emitted from Margarita Beach. On January 15th 4 year, my work trailer was vandalized. It had 5 graffiti that was sprayed over it. That was 6 included in the packages earlier. Specifically my 7 feeling was that this never would have happened had 8 they're not been people parking from that 9 establishment in my neighborhood. 10 We have a lot of people that were milling 11 around in our neighborhood that particular night, 12 and it never would have happened. You know, there 13 would have been no reason if this was a restaurant, 14 if it was operating as a restaurant, it wouldn't 15 have all these people in my neighborhood. 16 So that's when I went to my neighbors and I 17 said, simply said to them, "do you guys have a 18 problem with Margarita Beach?" And that's how this :L 9 started. I went through and I found out these 20 people. We all had the same common problems, the 21 disturbances of our lives as a result of this 22 establishment. That's what started this process. 23 Anything else? 24 REX GUTIERREZ: Well, Yeah. I just don't .ow -- you said there was graffiti on the vehicle, DIANNE JONES & ASSOCIATES 310.472.9882 COUNCIL MEETING, NOVEMBER 2, 2005 1 but I'm trying to connect that with a particular 2 patron at Margarita Beach. 3 ED SANCHEZ: You can do one of two things, 4 Rex. You can either believe what my perceptions are 5 or not. And -- you know. This is not a court of 6 law. This is a court -- it's not even a court. 7 This is a forum of public opinion. 8 Now, we're trying to describe to you as a 9 council what has happened to our lives as a result 10 of this business being there. You either believe us 11 or you don't. 12 Now I proven ^ in my statement that we 13 have a problem with the CUP's and permits and even 14 his ability to operate this business as to what it 15 is supposed to be. Now, that should fundamentally 16 be the focus here because you as a city have entered 17 into a contract with a businessman for certain 18 performance from that business, and that's truly the 19 issue here. It's not as to who's selling beer to 20 those people that are coming into our neighborhood. 21 I think you're muddling the situation here. This is 22 -- what we're here for is to either approve, amend 23 or deny the articles that were issued -- the 24 recommendations that were issued in the 25 modifications of the CUP's and the entertainment DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf COUNCIL MEETING, NOVEMBER 2, 200S ~ Page 105 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 106 CITY OF RANCHO CUCAMONGA 1 permit. That's why we are here. ~ REX GUTIERREZ: I appreciate that. I'm ing to keep an open mind. ED SANCHEZ: Okay. Please do. 5 REX GUTIERREZ: Yes, but we're trying to 6 find the truth. We are not a court of law but we 7 are asked to make a decision that will give the 8 City, give government the power to put someone out 9 of business. I consider it a-- 1. 0 ED SANCHEZ: We're not asking you to do 11 that. We are asking you to enforce-- 12 REX GUTIERREZ: -- serious issue. So] do 13 want to find the truth. That is all I'm trying to 14 do. Sorry if I've offended you. Seems typical 15 questions of anyone ^ listen again. 16 MAYOR PRO TEM: Anyone else? 17 WOMAN ^: Your question about why things 18 happened in February. because for years ^ -- only 19 ones with this problem. And it wasn't until we 20 started talking to each other that we realized that 21 it was a common problem. That's when we organized. 22 REX GUTIERREZ: Thank you. 23 WOMAN ^: And you need to know that. My 24 husband and I were calling five and six years ago. 25 We were awakened at 2:30 in the morning by a woman 1 screaming bloody murder, and we thought she was 2 being murdered. The cops came. They were having 3 sex in the pickup truck in front of our house. That 4 was five or six years ago. 5 I don't know if you guys even listen to 6 what everyone is saying; I honestly don't, because 7 this has been going on in this neighborhood. Every 8 one of the neighbors have experienced it, every one 9 of them. 1 0 Your problem now is that we've gotten 11 organized. 12 REX GUTIERREZ: I want to find the truth, 13 as simple as that. 14 (Something might be in here. Inaudib]e due to 15 probably coming from back of room.) 16 REX GUTIERREZ: I appreciate that. Thank 17 you very much. 18 MAYOR PRO TEM: Thank you. Try to keep it 19 to person at a time. 2 0 DAWN PENZW AI1R: I'm actually left over 21 from previously speaking and I'm sitting back here 22 amazed that something like this has been going on 23 for nine years. I don't live anywhere near there. 24 Have ^ -- when we first came, you made a comment 25 Rex, about putting them on a business. It sounds ~_DIANNE..JONES_&._ASSOCIATES ____DIANNE JDNES__&_ASSnCIATES 310.472.9882 310.472.9882 -= RANCHO CUCAMONGA , - l Page 107 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 108 1 like if their alcohol sales are more than their food 2 sales, I would put them on business. So -- you 3 would think that would be an easy thing to figure 4 out. Ask them where their food bills are versus 5 their alcohol and if their higher in alcohol ^ -- 6 pretty cut and dry. 7 The whole Mayor thing, that was very tacky, 8 Rex, by the way. Not good. That was just totally 9 uncalted for. I'm amazed 10 I'm so amazed I lost my point. Oh, yeah. 11 I have been to Margaritaville, actually once a 12 couple years ago. It is a bar. It's a club. I 13 wouldn't even call it a club. It's kind of a tacky 14 bar. A lot of people, a lot of smoke. and it's 15 loud. I wouldn't want to live there. I feel sorry 16 for them. I mean, it is what it is, and I think 17 that anyone of you could go there and realize what 18 it is. I don't know why this has all coming to this 19 and there is a1] this confusion. But I think the 20 question I would like answered from the council is 21 who accepting money, campaign funds, from the owner 2 2 of this bar? 23 MR. MARKMAN: We really need to get the ..,op]e testifying to state their name before they ~gin their statement. DIANNE JONES & ASSOCIATES 310.472.9882 COUNCIL MEETING, NOVEMBER 2, 2005 : 1 MAYOR PRO TEM: Have you signed in? Anyone 2 else care to speak on ^ -- keep it on the facts. In 3 view of the time, we ask that the next person be 4 ready to speak after the person finishes. 5 RICHARD KARONOWSKI: Hello. My name is 6 Richard Karonowski. 7 MAYOR PRO TEM: ^ 8 RICHARD KARONOWSKI: Thanks. Apparent]y, 9 according to what my mom was saying, about Ramona 1 0 Market how like you guys are saying they have like 11 some bad liquor and like porno racks in the back of 12 the store. One day I went in there to go buy 13 aspirin for my mom. They were real]y strict with 14 me, wouldn't sell it to me. They said it was like I 15 was too young for it and they refused to sell it. 16 MAYOR PRO TEM: Aspirin? 17 RICHARD KARONOWSKI: Yeah, aspirin. So I'm 18 something like that they won't even sell aspirin to 19 a t6-year old. It's like the liquor's in the back 20 of the store -- front of the store. Like shouldn't 21 even be a major problem. AI] the magazines, 22 everything that has been mentioned is on a different 23 end of the store. It's all been rearranged and 24 remodeled due to the request of my mom. Everything, 2 5 a1] the lining in the something beer racks are DIANNE JONES & ASSOCIATES 310.472.9882 dB40b9c6-dB0b-4345-B7dd-6c7e5.B5ecdf Page 109 COUNCIL MEETING, NOVEMBER 2. 2005 CITY OF RANCHO CUCAMONGA Page 11 0 CITY OF RANCHO CUCAMONGA 1 behind the cashier. I been there before like many 2 years. After they started buying all this new Aequipment, like new friges, new racks, new security .systems, everything's just been starting to work out 5 for them. 6 Then Margarita Beach, I been to the back 7 alleyway. There have been beer bottles thrown, 8 glass shattered everywhere. Music is just really 9 loud. I can understand the neighbors' complaints. 10 And all their driving, leftover trash from all the 11 stores were from somewhere else. What this affects 12 me really, I'm a little kid, my siblings my 13 neighbors' kids. What does that do to us? What are 14 we doing about that? How are they stopping them 15 from affecting us? That's what I want to know. 16 Thank you. 1 7 MAYOR PRO TEM: Are there any other 18 speakers? Sure now? I don't want to -- it is -- 19 yes, we've been at this two-and-a-half hours, about, 20 and -- it's hard to make decisions after a certain 21 period of time. But anyway, yeah. Let's take a 22 break. And I actually would entertain some motions 23 from the council if we want to continue this, do we 24 want to -- two ways to continue. Do we want to 25 continue this for two weeks or do we want to DIANNE JONES li.-.h~S.s.0CIA'J'~E.s_ __ 310.472_9882 . RANCHO CUCAMONGA COUNCIL MEETING, NOVE:MBER 2, 2005 ; 1 continue this until -- it may be several more hours? 2 REX GUTIERREZ: I have a very strong 3 opinion that we need to be able -- even if it might 4 take another hour or two, we need to be able to hear 5 both sides. I need to be left with both arguments 6 clear in my head, and it will be very long for 7 people who've been here all night. 8 MAYOR PRO TEM: What do you think? 9 MR. DENNIS MICHAEL: I certainly am 10 prepared to proceed to complete this whole process; 11 however, as the evening grows older and the other 12 side, the appellant, has a presentation and by the 13 looks of the size of the room, probably equal number 14 of people that wish to speak. Then we have time for 15 rebuttals, then we have time for rebuttals to the 16 rebuttals, I guess. Then we deliberate and -- 17 MAYOR PRO TEM: That's about 2:30 or 3:00. 18 MR. DENNIS MICHAEL: There is enough 19 issues, enough stuff on the record and enough -- 20 speaking for myself -- enough complexities on the 21 issues of CUP's and some of the things that we're 22 going to have to be dealing with, it's -- I'm not so 23 sure that we will have the wherewithal with our 24 level of consciousness to render the decision that 25 needs to be rendered in this case and do it IUANNE . JONE~LJL_bSsDCIA'l'ES__ 310.472.9882 _1- COUNCIL MEETING, NOVEMBER 2, 2005 Page 111 COUNCIL MEETING. NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA , Page 112 ! 1 adequatety and do everybody, both sides, adequate 2 justice. 3 But on the other hand, everybody needs to 4 come to another meeting at some point in time if we 5 do that. 6 MR. MARKMAN: I suspect there is going to ':] be two more meetings, a meeting to complete this -8 hearing. There will be council deliberation. There .9 will be a direction for the preparation of a 10 resolution, come back yet again. I don't know. 11 It's up to the council. At this point I don't 12 disagree with Rex. You can see it anyway you want. 13 But basically one side has had its fIrst round of 14 presentation, a continuance of the other side can 15 start at the next meeting with its presentation, and 16 we could control the agenda. So perhaps we can 17 conclude that hearing that night because this 18 hearing is going for the next meeting, whether this 19 is the breakpoint or whether you have a breakpoint 200ft:00 p.m. 21 MR. SPAGNOLO: Still have some council 22 business to attend to. I agree with that. I 23 MAYOR PRO lEM: Next time maybe make sure I 24 we get to it a little bit earlier. a MR. MARKMAN: Basically you just had more -DIANNE JONES & ASSOCIATES 310.472.9882 1 testimony than you'd get half a day in a courtroom 2 already on this matter and you probably have just as 3 much to come if not more. 4 MR. MICHAEL: It's II :00. I would suspect 5 another two-and-a-half hours for the other side. 6 MR. MARKMAN: I think the better part of an 7 hour. It's up to the council, but the suggested 8 motion would be to now continue this hearing to 9 November 16th at 7:00 p.m., with the notion that at 10 that point in time Margarita Beach will make it 11 presentation 12 MAYOR PRO TEM: And residents will be ready 13 to -- by then we will also have the record of what's 14 all been said. 15 MR. MARKMAN: I'm getting a signal here 16 that counsel for Margarita Beach has a problem. 17 MAYOR PRO lEM: All right. Go ahead and 18 address-- 19 MR. WESTIN: Good evening, Mayor Pro Tern. 20 I'm John Westin, counsel for Margarita Beach. I 21 certainly well understand the sense of perhaps 22 wanting to continue this, and I'm not sure I'm in 23 disagreement with that. 24 My only problem is I've got to be in 25 Federal Court in New Jersey on the 17th in the DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf COUNCIL MEETING, NOVEMBER 2, 2005 Page 113 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 114 CITY OF RANCHO CUCAMONGA 1 morning. So if the council will have the mind to 2 reschedule this, then I would at least request we go A) the time after that because I can't be here ~ MAYOR PRO TEM: First meeting in December? 5 MR. WESTIN: Yes, ma'am. 6 MAYOR PRO TEM: Would that be -- and that 7 would even make it easier to have all the testimony 8 to tonight to be put in a fonnal record, which I 9 think will be useful. 10 MR. MARKMAN: You know, there is always a '11 danger when you continue this that people will -12 generate more evidence, as we all know. I'm sure 13 the people who spoke will have an opportunity to-- 14 MAYOR PRO TEM: That's right. 15 MR. MARKMAN: That's the way it is. 16 MAYOR PRO TEM: If they have new things to 17 bring, they are welcome to bring it. 18 MR. DENNIS MICHAEL: May I throw out a 19 suggestion? If we could come up with a date that 20 seemed to be -- suit everybody's schedules, which 21 will probably be impossible, but I'd even be willing 22 -- if the rest of the council are willing -- to have 23 a special hearing. My concern is we've got a lot of 24 other city business that other businessmen and other 25 residents in the city have a right to be here at - - -- -DIANNE JONESuu&ASSOCIATES 310.472.9882 '. RANCHO CUCAMONGA 1 subsequent meetings and if we add another three, 2 four hours to that, we're going to be putting people 3 off that came for business. So I would be in favor 4 of looking for a date that might even be before the 5 t6th of November, for that matter. If that suits 6 everybody outside of a council, we'll have a 7 hearing specifically for this. Would that-- 8 MR. WESTIN: Thank you, Mayor Pro Tern. I 9 would endeavor, in a sense, not as an officer of the 10 court because as pointed out, we are not a 11 courtroom. But as an officer of this council who's 12 privileged to appear here, I will endeavor tomorrow 13 morning to try and change my date. And I may well 14 be able to do it. I can't commit but -- so maybe if 15 council wants to schedule this -- 16 MR. MARKMAN: Why don't we do this. Why 17 don't we do this continuance with the understanding 18 of everybody that if Mr. Davidson -- if Mr. Westin 19 cannot make that contingent date, we may try to set 20 a special meeting and continue this hearing at a 21 speciat meeting. And I will have to -- a lot people 22 here are very concerned with this. So the staff 23 ought to confer with as many people as they can. I 24 can confer with council and we'll try to come up 25 with a date, but for- now the continuance will be for DIANNE _ _JONES__&_ASSOCIATES__ 310.472.9882 COUNCIL MEETING, NOVEMBER 2, 2005 Page 115 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 116 1 the 16th. And hopefully, you know, you can move the 2 Federal appearance, you know. It's a terribte time 3 to go to New Jersey. 4 MR. WESTIN: I'll quote you, Mr. Markman, 5 and say that you directed me to be here. 6 MAYOR PRO TEM: Also, then I would say that 7 just to be -- cover ourselves, that's one of the 8 reasons we have people sign in. If you didn't sign 9 it, if there is a chance that we would have a 1 0 special meeting, we want to be able to notify 11 everyone. So that's why we want your name and 12 address, you will get notification. 13 MR. MARKMAN: Or Diane, we could even do a 14 . special meeting to take care of some of the nonnal 15 city business so that clear the 16th. 16 MAYOR PRO TEM: That's true. My brain was .1.. 7 going one direction. 18 MR. MARKMAN: We can try to clear the rest 19 of the council calendar. 20 MR. WESTIN: Again, I'm a visitor here and 21 I appear by your grace. The only thing that I would 22 suggest and request both as a matter of efficiency 23 and to some extent fairness, is that we now shift to :~e other side. , . OW MR. MARKMAN: Thatsnght. DIANNE JONES & ASSOCIATES 310.472.9882 1 MR. WESTIN: And that when we commence 2 again that we start and there not be new comments. 3 MR. MARKMAN: That's the understanding, 4 that there will be a chance for rebuttal and a 5 presentation of rebuttal evidence. 6 REX GUTIERREZ: Just to get the record 7 straight, we will have their side next time we 8 meet-- 9 MR. MARKMAN: Before we start. 10 MAYOR PRO TEM: Before we start. 11 REX GUTIERREZ: Because I get the 12 impression that it's too late for us. And then 13 there will be rebuttal -- 14 MR. MARKMAN: If they choose to present 15 rebuttal. 16 MAYOR PRO TEM: If somebody chooses. 17 REX GUTIERREZ: After the rebuttal is the 18 time-- 19 MR. MARKMAN:. No. Then Mr. Westin will 20 have a chance for what we call sur-rebuttal. That's 21 two rounds apiece and hopefully that will be enough. 22 MR. WESTIN: Thank you for considering my 23 scheduling. 2 4 MAYOR PRO TEM: Y ou'lllet us know as soon 25 as you can about your dates? DIANNE JONES & ASSOCIATES 310.472.9882 d840b9c6-d80b-434S-87dd-6c7eSa8Secdf COUNCIL MEETING, NOVEMBER 2, 2005 Page 11 7 COUNCIL MEETING, NOVEMBER 2, 2005 CITY OF RANCHO CUCAMONGA Page 118 CITY OF RANCHO CUCAMONGA 1 MR. WESTIN: Yes, ma'am. May I contact 2 Mr. Markman directly then wi th that information? _ MAYOR PRO TEM: Certainly and he will .. ~irect us. 5 MR. MARKMAN: To do this, we need a council 6 motion to continue this hearing to November] 6th at 7 7:00 p.m. in this chamber. 8 MAYOR PRO TEM: Okay. Do I have that 9 motion? 10 MR. SPAGNOLO: I'd like to move. 11 MR. MICHAEL: Second. 12 MAYOR PRO TEM: Second acknowledged. Okay. 13 Cast your vote. 14 DEBRA ADAMS: 4-0-0-1 with Alexander 15 abstaining. 16 MAYOR PRO TEM: We all hope that the 17 meeting be cancelled in New Jersey. Take a little 18 break. 19 20 END TRANSCRIPI10N 21 22 23 24 25 ..-IH-ANNEJONES-&-ASSOC IATES 310.472.9882 . RANCHO CUCAMONGA COUNCIL MEETING, NOVEMBER 2, 2005 Page 119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I, DIANNE JONES-LONGAKER, Certified Shorthand Reporter, License No. 3328, do hereby certify: That said transcript was created by me from an audiotape provided to me by the City of Rancho Cucamonga and reduced to computerized transcription to the best of my ability to hear, understand and idenity the person speaking. I further certify that I am not interested in the event of the action. WITNESS this day of 2005. DIANNE JONES-LONGAKER 19 20 21 22 23 . DIANNE JONES & ASSOCIATES 310.472.9882 1 /Iff/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DIANNE-JONES .&-ASSOCIATES 310.472.9882 d840b9c6-d80b-4345-87dd-6c7e5a85ecdf