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HomeMy WebLinkAbout2008/12/03 - MinutesDecember 3, 2008 RANCHO CUCAMONGA REDEVELOPMENT AGENCY CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency held a closed session on Wednesday, December 3, 2008, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:10 p.m. by Chairman Donald J. Kurth. Present were Agency members: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman L. Dennis Michael and Chairman Donald J. Kurth. Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services; Mahdi Aluzri, Deputy City Manager/Community Development; Linda D. Daniels, Redevelopment Agency Director. .,... B. ANNOUNCEMENT OF CLOSED SESSION ITEIVI(S)• Chairman Kurth announced the closed session items: CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) - JR ENTERPRISES, LP V CITY OF RANCHO CUCAMONGA -CASE NUMBER RCV 090728 -City 2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF CHURCH AND ARBOR LANE; AGS HOMEBUILDER 1, LLC, AND LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT- RDA The City Manager noted the need to add the following matter to the Closed Session agenda: CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -FREEDOM FROM RELIGION FOUNDATION, INC V. CITY OF RANCHO CUCAMONGA, AND LINDA DANIELS -CASE NUMBER 2:08-CV-07833-PA-PJW, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CA, EASTERN DIVISION. MOTION: Moved by Spagnolo, seconded by Williams, to add the matter to the Closed Session agenda as there was a need to take immediate action and that this need came to light after the agenda was prepared. Motion carried, 5-0. 3. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -FREEDOM FROM RELIGION FOUNDATION, INC V CITY OF RANCHO CUCAMONGA, AND LINDA DANIELS -CASE NUMBER 2.'08-CV- 07833-PA-PJW -City (Added by Urgency) ,__.,. C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session item. Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 2 D. CONDUCT OF CLOSED SESSION Closed session began at 5:10 p.m. ,_..._ B. CITY MANAGER ANNOUNCEMENTS ` No announcements were made. F. RECESS The closed session adjourned at 5:50 p.m. with no action taken. .,..., ~, G. SPECIAL MEETING CALL TOORDER= 6:00 P.M. ' COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor Donald J. Kurth called the meeting to order at 6:05 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman L. Dennis Michael and Chairman Donald J. Kurth. Also present were: Jim Frost, City Treasurer; Janice Reynolds, City Clerk Elect; Jack Lam, City Manager; James Markman, Legal Counsel/City Attorney; Pamela Easter, Assistant City Manager; Management Analyst II; John Gillison, Deputy City Manager/Administrative Services; Linda D. Daniels, Redevelopment Agency Director; Mahdi Aluzri, Deputy City Manager/Community Development; James Troyer, Planning Director; Mark Steuer, Director Engineering Services/City Engineer; Jeff Barnes, Parks Maintenance Superintendent; Trang Huynh, Building and Safety Official; Nettie Nielsen, Community Services Superintendent; Deborah Clark, Library Director; Joe Pulcinella, Animal Services Director; Chief Joe Cusimano, Rancho Cucamonga Police Department; Peter Bryan, Fire Chief; Debra McKay, Records Manager/Assistant City Clerk; and Kathryn Scott, Assistant City Clerk. 3. APPROVAL OF A RESOLUTION CERTIFYING MUNICIPAL ELECTION RESULTS RESOLUTION NO. 08-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 4, 2008, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY THE PROVISIONS OF LAW Redevelopment Agency, Fire Protection District, City Council Minutes December 3, 2008 Page 3 The City Manager indicated that the San Bernardino County Registrar of Voters had certified the election and recommended that the City Council adopt a Resolution declaring the results. MOTION: Moved by Williams, seconded by Gutierrez, to adopt the Resolution declaring the municipal election. Motion carried 5-0. H. [TEMS OF BUSINESS WITH NEWLY ELECTED OFFICIALS OATHS OF OFFICE WILL BE ADMINISTERED BY THE HONORABLE JEFFREY KING, ASSOCIATE JUSTICE TO THE FOLLOWING: L. Dennis Michael Sam Spagnolo Jim Frost Janice Reynolds The Honorable Jeffrey King administered the oaths of office. L RECESS The meeting was recessed at 6:10 p.m. FOLLOWING THR RECESS, A RECEPTION OCCURRED IN THE FOYER OF THE COUNCIL CHAMBERS TO CONGRATULATE THE ELECTED OFFICIALS. J. REGULAR MEETING CALL TO ORDER- 7:00 P.M. COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/PresidenUMayor Donald J. Kurth called the meeting to order at 7:02 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman L. Dennis Michael and Chairman Donald J. Kurth. Also present were: Jim Frost, City Treasurer; Janice Reynolds, City Clerk Elect; Jack Lam, City Manager; James Markman, Legal Counsel/City Attorney; Pamela Easter, Assistant City Manager; Management Analyst II; John Gillison, Deputy City ManagerlAdministrative Services; Mahdi Aluzri, Deputy City Manager/Community Development; Trang Huynh, Building and Safety Official; Mark Steuer, Director Engineering Services/City Engineer; Jeff Barnes, Parks Maintenance Superintendent; James Troyer, Planning Director; Linda D. Daniels, Redevelopment Agency Director; Nettie Nielsen, Community Services Superintendent; Deborah Clark, Library Director; Joe Pulcinella, Animal Services Director; Chief Joe Cusimano, Rancho Cucamonga Police Department; Peter Bryan, Fire Chief; Debra McKay, Records Manager/Assistant City Clerk; and Kathryn Scott, Assistant City Clerk. Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 4 G. ANNOUNCEMENTS/PRESENTATIONS A special presentation was made by Gwyn Frost to Janice C. Reynolds, City Clerk. 1. Presentation on "Home for the Holidays Adoption" program. Joe Pulcinella, Animal Services Director, presented information on the Department's "Home for the Holidays Adoption" program. 2. Presentation of a Certificate of Recognition to Brandon Sayegh for participation in the Junior National Young Leaders Conference in Washington, D.C. Mayor Kurth presented a Certificate of Recognition to Brandon Savegh. 3. Administration of Oaths of Office to Linda Bryan and Brad Firle, newly appointed members to the Rancho Cucamonga Community Foundation Board of Directors. Janice Reynolds, City Clerk, administered the Oath of Office to Linda Bryan and Brad Firle. L. PUBLIC COMMUNICATIONS L1. Jim Frost spoke about the "Support Our Troops' program sponsored by the San Bernardino County Board of Supervisors and the Count Veterans Affairs re the collection of gift cards and toys for the families of troops, and the December 10 complimentary dinner for veterans and their families at the Jessie Turner Health & Fitness Center in Fontana. L2. Jonathan Gebo & Ethan Pizman commented re the article by Rex Gutierrez re drug users at Los Osos; they felt he exaggerated and said tax dollars towards police dogs is not needed, and to send money where it is really needed, that the epidemic is not isolated to the high schools, as drug use is a problem throughout the nation. They stated that the campus at Los Osos is safe. L3. Dee Barrow spoke about the immigration crisis and books which favored amnesty and open borders for people who are here illegally. L4. John Lyons commented favorably about the special meeting (swearing-in ceremony) and the nostalgia of previous mayors/councilmembers who were present; he said he would like to see Norm MacKenzie, previous PresidenUCEO of the Chamber of Commerce, receive a proclamation. L5. Jerry Jacobsen addressed the abandoned homes ordinance and State Bill 1137, urging Council to expedite the inclusion of the ordinance. He spoke about the anticipated foreclosed homes for 2009; and said SB1137 addresses the problem by requiring the legal owner of the property to maintain it or be fined a $1,000 per day. L6. Lara Scott offered a prayer of thankfulness. L7. Jim Moffatt thanked Rex Gutierrez for the tribute to the veterans @ Central Park, and spoke about the housing breaks for builders constructing 25 homes or more; he questioned how the Council derived on 25 homes, when the CEO of the BIA said that most developments are 15 or less. L8. Raymond Herrera, National Rally Spokesman for the Minute Man Project, spoke about two incidents (one in Rancho Cucamonga and one in Claremont); he also addressed the illegal activity at the Redevelopment Agency, Fire Protection District, City Council Minutes December 3, 2008 Page 5 border, and stated he had a problem with someone coming into the schools glorifying illegal activity; he asked the Council to stand with the minutemen. Lg. Robin Hvidston, National Rally Spokesperson for the Minute Man Project, stated that Sonia Nazario, author of "Enrique's Journey" who also spoke at Los Osos High School, exploited helpless children; she challenged the principal to bring a congressman on campus to discuss topic of securing the border. L10. Doug Fenn stated that Linda Daniels is a very competent, loyal and conscientious employee, and that he also hoped the best for the City regarding complaint by the Freedom From Religion Foundation, Inc. He mentioned the humanitarian issues at the border and the innocent deaths of Mexicans involving drugs; he felt that drugs should be legalized, with money spent to rehabilitate those hooked on drugs. ...,.. M_ . AGENCY/FIRE BOARD/COUNCIL RESPONSES TO PUBLIC COMMENTS None. N. CONSENT CALENDAR-REDEVELOPMENT.AGENCY 1. Approval of Minutes: September 16, 2008 (Special Meeting on Presentations) September 17, 2008 (Regular Meeting) 2. Approval of Check Register dated November 12, 2008 through November 25, 2008 and Payroll ending November 25, 2008, for the total amount of $2,167,812.66. 3. Approval of the emergency purchase ($25,000) and change in Contracts 07-065 & RA 07-003 for Pouk and Steinle, Inc. ($20,000) to install new electrical distribution equipment for the Epicenter in the total amount of $45,000 from Acct. No. 2646801-5602 (Sports Complex Capital Improvement) and appropriate $45,000 from Sports Complex Capital Improvement Fund balance. 4. Approval of an increase to Contract RA 08-016 in the amount of $27,760 to Slater Waterproofing for the "Epicenter Cross Aisle Waterproofing Project," authorize additional funding for waterproof inspections in the amount of $15,500, to be funded from RDA Public Improvement Fund, Acct. No. 2650801-5602, and appropriate $43,260 to Acct. No. 2650801-5602 from RDA Public Improvement Fund balance. 5. Approval to accept the Archibald Library Remodel, Contract No. RA OS-012 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Materials Bond, and authorize the Redevelopment Agency Director to file a Notice of Completion and approve the final contract amount of $1,718,888.00 RESOLUTION NO. RA 08-012 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF THE REMODEL OF THE ARCHIBALD LIBRARY, CONTRACT NUMBER RA 08-012 AND AUTHORIZING THE FILING OF NOTICE OF COMPLETION FOR THE WORK Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 6 6. Approval of the Rancho Cucamonga Redevelopment Agency Fiscal Year 2007/08 Annual Report; authorize the transmittal of the Annual Report to the appropriate State agencies, and acknowledge that the planning and administrative expenses included in the housing funds are necessary for the production, improvement or preservation of low and moderate income housing for Fiscal Year 2007/08. MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. ~. CONSENT CALENDAR -FIRE PROTECTION DISTRICT Approval of Minutes: September 16, 2008 (Special Meeting on Presentations) September 17, 2008 (Regular Meeting) 2. Approval of Check Register dated November 12, 2008 through November 25, 2008 for the total amount of $137,518.17. 3. Approval of Annual Terms and Conditions of Rancho Cucamonga Firefighters Local 2274 Medical Savings Agreements. MOTION: Moved by Spagnolo, seconded by Michael, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. ,._... P. CONSENT CALENDAR -CITY COUNCIL Approval of Minutes: September 16, 2008 (Special Meeting on Presentations) September 17, 2008 (Regular Meeting) 2. Approval of Check Register dated November 12, 2008 through November 25, 2008 and payroll ending November 25, 2008 for the total amount of $2,167,812.66. 3. Approval to advertise the "Notice Inviting Bids' for the Construction of Foothill Boulevard Traffic Signal Controller Replacement Project, to be funded from Transportation Funds, Acct. No. 1124303-5650/1492124-0. RESOLUTION NO. 08-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE FOOTHILL BOULEVARD TRAFFIC SIGNAL CONTROLLER REPLACEMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 4. Approval for a three (3) year contract extension with NEC, Business Network Solutions, Inc., which provides citywide telephone maintenance services, beginning Fiscal Year 2008/2009 and ending in Fiscal Year 2010/2011, in an annual amount of $116,000.00, with an estimated 10% annual increase, to be funded from Acct. No. 1001-205-5300. Redevelopment Agency, Fire Protection District, City Council Minutes December 3, 2008 Page 7 Approval and authorize the Mayor to execute a Transferred and New Municipal Departing Load Non-bypassable Charges and Cost Responsibility Surcharge Agreement with Southern California Edison. (ITEM REMOVED; TO RETURN AT DECEMBER 17, 2008 MEETING) Approval of the "Click It or Ticket" Grant to provide reimbursable funding up to $60,527.00 for Next Generation Seat Belt Enforcement, from Acct. 1372705-5300. Ratify Resolution No. 08-236 for the emergency acquisition of materials, equipment rental, contractors, and procurement of labor necessary to effect the required repairs to the lighting at Beryl Park in the amount of $56,600 and appropriate $56,600 from the capital reserve fund into Acct. No. 1025001-5005 ($3,600), 1025001-5204 ($10,000), 1025001-5252 ($19,000) and 1025001-5304($24,000). RESOLUTION NO. 08-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RATIFYING AND AUTHORIZING THE EMERGENCY PROCUREMENT OF PROFESSIONAL SERVICES WITHOUT COMPETITIVE BIDDING 8. Approval for the Public Works Services Director to execute Contract Amendment No. 1 for the "Upgrade of Chillers at the Civic Center" project, extending the warranty of the Turbocor compressors for five years at no cost to the City and releasing final payment for the project upon successful installation and testing of the new HVAC compressors. 9. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 36 and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map No. 18994 located on the southeast corner of Arrow Route and Helms Avenue, submitted by Pneudraulics, Inc. RESOLUTION NO. 08-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 18994, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 08-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP NO. 18994 10. Approval of Improvement Agreement Extension for Tract 16227-1, located at the northwest corner of Day Creek Boulevard, west of Etiwanda Avenue, submitted by Meritage Homes of California, Inc. RESOLUTION NO. 08-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16227-1 11. Approval of Improvement Agreement Extension for Tract 16908, located on the north side of Arrow Route, west of Baker Avenue, submitted by HL Homes Corporation. Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 8 RESOLUTION NO. 08-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 16908 12. Approval to release Maintenance Guarantee Bond for Parcel Map 16009, located on the southeast corner and southwest corner of Sixth Street and Charles Smith Avenue, submitted by Chase Back Bay, LLC. 13. Approval to release Maintenance Guarantee Bond for Parcel Map 16139, located on the north side of Sixth Street between Rochester Avenue and Charles Smith Avenue, submitted by Chase EI Monte, LLC. 14. Approval to release Maintenance Guarantee Bond for Parcel Map 17609, located on the southeast corner of Church Street and Victoria Gardens Lane, submitted by Bass Pro Shops. 15. Approval of a Resolution of the City Council of the City of Rancho Cucamonga, California, adopting the plan for the remaining share (2nd allocation) of the Proposition 1 B Local Streets and Roads Improvement, Congestion Relief, and Traffic Safety Account Funds RESOLUTION NO. 08-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE PLAN FOR THE REMAINING SHARE (2ND ALLOCATION) OF THE PROPOSITION 18 LOCAL STREETS AND ROADS IMPROVEMENT, CONGESTION RELIEF. AND TRAFFIC SAFETY ACCOUNT FUNDS 16. Approval to accept improvements, release the Faithful Performance Letter of Credit, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16909, located on the west side of Haven Avenue, between Arrow Route and 26`" Street, submitted by Hillwood Construction Services. RESOLUTION NO. 08-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16909 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 17. Approval to accept improvements, release the Faithful Performance and Labor and Material Bond, and file a Notice of Completion for "Citywide Street Name Sign Replacement, Phase 6." RESOLUTION NO. 08-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CITYWIDE STREET NAME SIGN REPLACEMENT, PHASE 6 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK The City Manager removed Item PS from the Consent Calendar and indicated that the matter would be considered by the City Council on December 17, 2008. Redevelopment Agency, Fire Protection District, City Council Minutes December 3, 2008 Page 9 MOTION: Moved by Williams, seconded by Michael, to approve the staff recommendations in the remaining staff reports contained within the Consent Calendar. Motion carried 5-0. Q. CONSENT ORDINANCES 1. - A request to change the Victoria Arbors Master Plan land use designation from School tc Mixed Use to allow for single-family Low-Medium Residential (4-6 dwelling units per acre) designation for 8.79 acres of land, located at the northwest corner of Victoria Park Lane and Long Meadow Drive -APN: 0227-171-29 and 30. Related file: Tentative Parcel Map SUBTPM18449. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ORDINANCE NO. 803 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2007-00047, A REQUEST TO CHANGE THE PLAN FROM SCHOOL TO MIXED USE RESIDENTIAL TO BRING THE SITE INTO CONFORMANCE WITH THE GENERAL PLAN FOR 8.79 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF VICTORIA PARK LANE AND LONG MEADOWS DRIVE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0227-171- 29 AND 30 MOTION: Moved by Michael, seconded by Williams, to approve Ordinance 803 for second reading. Motion carried 5-0. R. ADVERTISED PUBLIC HEARINGS CITY COUNCIL - To consider revocation of a conditional use permit for the serving of alcoholic Beverages in conjunction with a restaurant use, located at 9740 19th Street. APN: 1076-011-10. Related File: Entertainment Permit 89-04R. To consider revocation of an Entertainment Permit in conjunction with a restaurant use, located at 9740 19th Street. APN: 1076-011-10. Related File; Conditional Use Permit 87-06R. RESOLUTION NO. 08-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT NO. CUP87-06, FOR THE SERVING OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 9740 19TH STREET; Redevelopment Agency, Fire Protection District, City Council Minutes November 19, 2008 Page 10 AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1076-011- 10. RESOLUTION NO. OS-245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF ENTERTAINMENT PERMIT NO. EP89-04, WHICH PERMITS ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 9740 19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1076-011-10. The City Manager reported that the attorney for the applicant has requested a continuance until January 21, 2009. MOTION: Moved by Michael, seconded by Gutierrez, to continue the public hearing until the January 21, 2009 meeting. Motion carried 5-0. .,.... S. COUNCIL BUSINESS COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo thanked those who supported and voted for him; he felt it was important to give back to the community, that he's been successful during his first four years and will continue to do that in the next four years; he stated @ Thanksgiving he was at the VFW helping to serve the less fortunate, which was a warming experience; he thanked the vets for their hard work. He announced that the VFW, Fire Department, City and local boy scouts are planning to have a community flag-burning ceremony to properly dispose of tattered and worn flags. Councilmember Gutierrez announced on December 13`" that the Community Services Department is planning a "Snowflake Festival" at Victoria Gardens. Regarding the two young men who spoke from Los Osos (Jonathan Gebo & Ethan Pizman), he stated that he hopes he didn't infer that Los Osos is drug- infested, as that is not true. He said every high school has problems, but when anything spills into the neighborhood and one person is affected, or loses their life from drugs, then that's our problem. He said he wants it to be better. He didn't want to give the wrong impression, and he is grateful for the students who brought it up, as it is a worthy issue that he hopes will be discussed in the future. Mayor Pro Tem Michael explained the swearing-in ceremony for the Rancho Cucamonga new-elected members of the local government. He said he takes his duty very seriously and that it is truly an honor to serve another four years. He said he has dedicated his life to public service, and he will do the best job to make sure that Rancho Cucamonga remains the premiere community in all of the Inland Empire. He commented that it was an honor to be sworn in by Justice King; it brought back memories, as he knew him from Alta Loma High School. He thanked all the voters, with special thanks to his family and wife. Councilmember Williams stated she is happy to have incumbents return and to see our new City Clerk elected. She announced that on December 13th at 5:15 p.m, the annual "Holiday Train" will be at the Metrolink station with a stage performance, music, lights, etc. She said local firemen will be at the station collecting toys for the Spark of Love Toy Drive, and that toys can also be taken to City Hall. She also announced that Rancho Cucamonga became the number one station for Metrolink hoardings (over 1,000/day) the last month. Redevelopment Agency, Fire Protection District, City Council Minutes December 3, 2008 Page 11 Mayor Kurth commented on his disappointment with the legislators regarding the State's budget. He said our district legislators, Senator Dutton and Assembly Member Emerson are doing their best to hold the line on spending and taxes, but not everyone in the Legislature feels that way. He said the State dips into our local treasury to fill their deficit because they can't be responsible for their own spending. He said regarding the use of drugs @ Los Osos, he said as a physician and a scientist, he would like to challenge the school boards throughout the city to join with the City to do a study and find out the extent of drug and alcohol use in all the schools. He announced that the City is going to launch a study on how the community feels about tighter tobacco control ordinances for residences and businesses. He stated he attended the Veterans Day Thanksgiving Celebration at the VFW Post and was impressed and proud to hear that Michelle Seckler (Fire Department) and her husband, along with volunteers who consisted of Councilmember Spagnolo and his family, spent two days cooking and serving the veterans. LEGISLATIVE AND REGIONAL UPDATES (Oral) Councilmember Spagnolo, League of CA Cities Representative, announced that the State budget deficit is $28 billion. He said the Governor declared an emergency legislative session which now requires them to come up with an agreement within 45 days. He said our Governor asked President-Elect Obama for money, along with other states. He stated that our City Council will be meeting with the City Manager addressing this issue to determine what the City needs to do to maintain the level of standards that we have. He stated the subcommittee re foreclosed properties is looking at the State Bill, but the subcommittee intends to go further to protect the properties in our city. Mayor Pro Tem Michael, Omnitrans Board Representative, announced that as a result of the economy, people are becoming more comfortable riding the bus and realizing that it is convenient and economical, and also reduces emissions and the number of cars on the road. He said there has been a significant double-digit increase in both September and October (and probably November) over the last year on the number of people riding buses. He encouraged more to use Omnitrans buses throughout the City. T. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. ...... U. ADJOURNMENT Mayor Hurth stated the next regular meeting would be held on December 17, 2008. Meeting adjourned at 8:21 p.m. in honor of students present in the Council Chambers and those watching at home in Rancho Cucamonga, and to a team building workshop to be held on December 10, 2008, at 4:00 p.m. in the Victoria Gardens Cultural Center, Celebration Hall South at 12505 Cultural Center Drive. Re pectfully submitted, ~~~ D bra L. McKay, MMC Assistant City Clerk/Records Manager Approved: December 17, 2008