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HomeMy WebLinkAbout2005/11/02 - Agenda Packet TH E CITY O]F TIUNCJHIO CUCAMONGA 10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730-3801 AGlENDAS . ~~rdj(ev~~<<>>pm~lTil~ A~~lTilcy . CCD~y CC<<>>UlITilCD~ REGUlLAR MlElETllNGS 151 and 3'd Wednesdays ~ 7:00 p.m. N O'VIEMIBIEJR 29 2ill)([l)5 AGENCY, JBOARJI) &. Crry COUNCIL MEMBERS William J. Alexander.................... Mayor Diane Williams............... Mayor Pro Tern Rex Gutierrez.......................... ..Member L. Dennis Michael .....................Member Sam Spagnolo....._.................... Member Jack Lam......................... City Manager James L. Markman.............City Attorney Debra J. Adams..................... City Clerk ORDlER OlF IBUS:u:NlESS 5:30 p.m. 7:00 p.m. Closed Session. . . . . . . . . . . . . . . . . .. Tapia Conference Room Regular Redevelopment Agency Meeting. .. Council Chambers Regular City Council Meeting. . . . . . . . . . . .. Council Chambers ~ INFORMATION FOR THE PUBLIC . RANcHO CUCAMONGA TO ADDRESS THE CITY COUNCIL The City Council encourages free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the City Council on any agenda item. Please sign in on the clipboard located at the desk behind the staff table. It is important to list your name, address and phone number. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Communications". There is opportunity to speak under this section at the beginning and the end of the agenda. Any handouts for the City Council should be given to the City Clerk for distribution. To address the City Council, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. All items to be placed on a City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on Tuesday, one week prior to the meeting. The City Clerk's office receives all such items. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter and the Public Library. A complete copy of the agenda is also available at the sign in desk located behind the staff table du,ing the Council meeting. LIVE BROADCAST Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11 :00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on-demand" from their computers. The added feature of "Streaming Video On Demand" is available on the City's website at www.cLrancho- cucamonga.ca.us/whatsnew.htm for fhose with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers Located at 10500 Civic Center Drive. Members of the City Council also sit as the Redevelopment Agency and the Fire District Board. Copies of City Council agendas and minutes can be found at http://www.ci.rancho-cucamonga.ca.us . If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensu'e accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. " RANCHO CUCAMON CITY COUNCIL AGENDA NOVEMBER 2,2005 -7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE A. CALL TO ORDER 1. Roll Call: Alexander _, Gutierrez_, Michael _' Spagnolo _' and Williams II B. ANNOUNCEMENTS/PRESENTATIONS 1. Presentation of GFOA Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year ending June 30, 2004. 2. Presentation of a Proclamation to Boy Scouts of Ame,ica Troop 650 for their involvement in organizing relief efforts for the hurricane victims of Biloxi, Mississippi, and a video presentation from Troop 650. II C. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. II D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Council member or member of the audience for discussion. 1. Approval of Minutes: October 19, 2005 2. 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. 3. 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. 1 I II I] II 1 28 - RANCHO CUCAMON CITY COUNCIL AGENDA NOVEMBER 2,2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 2 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) 29 4. 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. 36 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 5. Approval of Mills Act Agreement DRC2005-00601 (CO 05-109) with Janette L Huckins, to implement the use of the Mills Act to ,educe 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. 65 36 6. Approval of a Supplemental Settlement Agreement (01-041) with the County of San Bernardino related to Criminal Justice Administrative Fees (Booking and Processing Fees). 67 7. 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. 79 8. 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. 80 e RANCHO CUCAMON 9. 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 Parcei Map 16010 (DRC2002-00750), submitted by RKW Development Corporation, to be funded from Transportation Reimbursement Acct. No. 1124303-5650/1026124-0. CITY COUNCIL AGENDA NOVEMBER 2, 2005 -7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL. 10500 CIVIC CENTER DRIVE 3 82 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 10. 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.LC. 88 89 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 91 11. Approval to release Faithful Performance Bond No. 08658626 in the amount of $589,162.00 for the Milliken AvenuelWilson 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. 92 12. 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 I mprovements, Contract No. 04-068. 94 13. Approval to accept the Renovation of Two Baseball Fields at Red Hill Community Pa,k, 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. 96 - RANCHO CUCAMONG II CITY COUNCIL AGENDA NOVEMBER 2,2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 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 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. The Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. 1. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2005-00437 - A request to amend the regulations for second dwelling units for consistency with changes in State Law. 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 2. 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. 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 4 99 II 100 106 e RANCHO CUCAMON CITY COUNCIL AGENDA NOVEMBER 2,2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 5 II F. ADVERTISED PUBLIC HEARINGS ] The following items have been advertised andlor posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. 1. CONSIDERATION OF APPEAL OF PLANNING COMMISSION 118 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) II G. PUBLIC HEARINGS II The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. II H. CITY MANAGER'S STAFF REPORTS II The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. PRESENTATION ON CDBG HOUSING IMPROVEMENT PROGRAM (power point presentation) 2. CONSIDERATION TO INITIATE MUNICIPAL CODE AMENDMENT - 119 QUALITY PROJECT COORDINATING DRC2005-00829 - A request to amend Title 14 Sign Ordinance, Section 14.20.100 Permitted Signs - Commercial and Office Zones, to ailow subtenant wall signs for a business within a major anchor tenant occupying less than 50,000 square feet in floor area. II I. COUNCIL BUSINESS II The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. 1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) e RANCHO CUCAMON CITY COUNCIL AGENDA NOVEMBER 2,2005 - 7:00 P.M. THE MEETING TO BE HELD IN THE COUNCIL CHAMBERS, CITY HALL, 10500 CIVIC CENTER DRIVE 2. DISCUSSION OF THE REESTABLISHMENT OF THE CITY COUNCIL'S ANiMAL SHELTER AD HOC SUBCOMMITTEE 3. LEGISLATIVE UPDATE (Oral Report) J. ADJOURNMENT I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on October 27,2005, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. 6 ] Oclobe, 19, 2005 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES II A. CALL TO ORDER II The Rancho Cucamonga City Council held a closed session on Wednesday, October 19, 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 we'e Councilmembers: Rex Gutierrez, L Dennis Michael, Sam Spagnolo, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Joe O'Neil, City Engineer; and Kevin McArdle, Community Services Director. ." 1r *." ." ." B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B1. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION, PER GOVERNMENT CODE SECTION 54956.9(a), CITY OF RANCHO CUCAMONGA V. DOUGLAS E. BARNHART - CITY B2. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION (CLAIM FILED SEPTEMBER 22, 2005), PER GOVERNMENT CODE SECTION 54956.9, CITY OF RANCHO CUCAMONGA V. AMERICAN LANDSCAPE - CITY 83. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF BASE LINE ROAD AT THE 1-15 FREEWAY, JOE O'NEIL, CITY ENGINEER, NEGOTIATING PARTY - CITY ." *." * * 1< C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No communication was made on the closed session items. ****** D. CONDUCT OF CLOSED SESSION The closed session began at 5:35 p.m. * * *." * * E, CITY MANAGER ANNOUNCEMENTS AND REpORTS ~ * * * * * * City Council Minutes October 19, 2005 Page 2 F. RECESS The closed session recessed at 6:15 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, October 19, 2005, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayo, William J. Alexande, called the meeting to order at 7:19 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; Linda D. Daniels, Redevelopment Director; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; George Rivera, Administ,ative Services Manager; Sheliy Munson, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Jon Gillespie, Traffic Engineer; Dan Coleman, Acting City Planne,: Kevin McA,dle, Community Services Di,ecto,; Nettie Nielson, Community Services Superintendent; Jennifer Hunt, Community Services Coo,dinator; Paula Pachon, Management Analyst III; Lieutenant Scott Mesa, Rancho Cucamonga Police Department; Chief Pete, Bryan, Rancho Cucamonga Fire Protection District; Kimberly Thomas, Management Analyst III: Fabian Villenas, Management Analyst II; Shirr'l G,iffin, Office Specialist II - City Clerk's Office; and Debra J. Adams, City Cle,k. ****** II B. ANNOUNCEMENTS/PRESENTATIONS ~] B1. Presentation of a Proclamation in honor of "We Tip" Founder, Bili Brownell, for his years of service to our community. The Mayor and City Council presented the Proclamation to Miriam Brownell and Susan Aguiiar. Proclamations were also given to others that were associated with the We Tip Family and members of their Board. B2. P,esentation of a Proclamation declaring October as the House of Ruth "National Domestic Violence Awareness Month." The Mayor and City Council presented the Proclamation to Sharon McGarth-Gold, Director of Finance. B3. Recognition of Target Stores and Rancho Cucamonga Store Manager David Parker for their donation to the summe, Concerts in the Pa,k Se,ies. Jennifer Hunt, Community Services Supervisor, assisted the City Council with the presentation to David Pa,ker, Target Store Manager, in thanking him for his support of all Community Services' programs. City Council Minutes October 19, 2005 Page 3 B4. Presentation of Proclamations to Beth Pine and Rick Fontana in honor of being recognized as "2005 LA. County Fair Community Heroes." The Mayor and City Council presented Proclamations to Beth Pine and Rick Fontana. "* * *"* "*"* II C. PUBLIC COMMUNICATIONS II C1. Ray Allard, a resident of Fontana and wiil soon live in Rancho Cucamonga, wanted to thank the City because the Fire Department helped save his step-daughter's. He thanked Paui Lenz, Rich Toll and Rick Snyder, who were the firemen that responded to help. He stated she has come out of the coma and has come through her heart surgery. C2. Tom Tullius stated he has been asked by his neighbors to submit a petition for a traffic signal or stop sign at Day Creek and Carnelian Streets. He talked about all of the development that has occurred in his neighborhood inciuding schools in his area. He stated there is a lot of traffic on Day Creek and that there are always big trucks on this street He stated at Day Creek and Vintage and also at Banyan there is a signal. He stated that at Keenland it is ve,y hard to gain access onto Day Creek because of all of the traffic. He stated the speed is also ignored on Day Creek. He asked that a signal or stop sign be installed to slow down the traffic and control it He had a petition that was submitted to the Council for their consideration to support his request A copy was also distributed to Jon Gillespie, Traffic Engineer. C3. John Lyons, Etiwanda area, mentioned a squad going in at Archibaid and 19th, and felt this is very important and would save lives and help people. He mentioned the 3-story apartment building under construction near the mall. He felt something should be done to finish this project C4. George Bennet, Woods Development, stated behind his house there is a 3 y;, acre vacant lot and stated the weeds have never been removed or taken care of. He stated last year the County never did anything to help resolve this matter. He stated recentiy a couple of guys cut the grass down, but did not complete the job. He stated he is af,aid the brush will catGh fire and cause problems to his home and others surrounding this. He asked that the City Council do something to help him get this lot cleared. Mayor Alexander asked that each Councilmembe, get copies of the photos. M,s. Bennet stated on Silver Mountain Way nobody had ever enforced the street signs until their granddaughter recently parked there for five minutes. She stated their streets a'e very narrow. Mr. Bennet suggested that the signs be placed only on one side of the street Mr. and Mrs. Bennet stated mo'e streetlights are needed on some of the streets nea, their home also. Mrs. Bennet stated on Whispering Forest peopie are speeding and something needs to be done about that She felt possibly the bushes need to be cut to make it safer. Mayo, Alexande, referred them to M,. Gillespie, T,affic Enginee" to help with thei, concerns. Mr. Bennet talked about a sidewalk that is needed in that area as weil. C5. Nicole Mye,chin stated the,e are a iot of people in our thoughts, Dave Barry, Jim Moffit and Danny Lobo. She stated she would like to remove Consent Calendar item 10 from the agenda. She stated an animal got killed that had a hoid put on it at the animai shelter. She felt the County should not be above the iaw and felt the Police Department shouid enfo,ce the law when the shelte, staff b,eaks it She also commented on the cat room and stated it was not being maintained p,operly. She didn't feel the City should be paying for ca'e for Devore cats either. She thanked the Rancho Cucamonga Fire Department for what they did for her sister on September 30. She commented on the ceil phone problems in getting through to emergency services. She stated that the Police should be equipped with the p,oper City Council Minutes October 19, 2005 Page 4 equipment to emergency scenes to take care of hurt victims. She brought up the holiday gift drive for seniors occurring this year and hoped everyone would help. She thanked the Fire Department for helping her sister and felt response time is very important and that she would be investigating this further. C6. Jim Moffit stated the animal shelter problem is getting out of control. He commented on the County not taking ca'e of the animals like they should. He felt we need to get rid of the County as soon as possible. C7. A young man stated. on Base Line there was brush removed to build Centrai Park, but wondered why the City has let it grow back. Counciimember Michael stated his question would be looked into. C8. .Matt Jones, Alta Loma, stated he has learned a lot in his classes about EMS. He stated Police around the Country are not trained in basic life support. He felt the City should take a leading step in this direction and do something about this. He commented on the County killing animals when they shouldn't be. He stated they are breaking their contract with the City and wondered why we are paying them if they are breaking the contract. * * * * D. CONSENT CALENDAR D1. Approval of Minutes: September 21, 2005 October 5, 2005 (special meeting) October 5, 2005 D2. Approval of Warrants, Register Nos. 9/28/2005 through 10/11/2005 and Payroll ending 10/11/2005 for the total amount of $3,286,020.42. D3. Approve to receive and file current Investment Schedule as of Septembe, 30, 2005. D4. App,oval to authorize the advertising of the "Notice Inviting Bids" fo, the "Annual Maintenance Agreement for City-wide Emergency and Routine Equipment Rental, pavement Repair, Shoulder Grading, and Debris Removal Renegotiable on a Year-to-Year Basis," in the amount of $120,000 funded f,om Acct. No. 1001316-5300. RESOLUTION NO. 05-294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ANNUAL MAINTENANCE AGREEMENT FOR CITYWIDE EMERGENCY AND ROUTINE EQUIPMENT RENTAL, . PAVEMENT REPAIR, SHOULDER GRADING, AND DEBRIS REMOVAL RENEGOTIABLE ON A YEAR-TO-YEAR BASIS AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to app,opriate $23,249.00 from the Caiifornia Law Enforcement Equipment Program (CLEEP) Fund Balance into Account No. 1366702-5605 (Capitai Outlay-Computer Equipment) and appropriate $12,773.00 from Law Enforcement Reserves into Account No. 1001701-5605, and $3,978.00 into Account No. 1001701-5152 (Computer Software) for a total of $40,000.00 to pu,chase the Avid Exp,ess Video Detective System (P,oduced by Ocean Systems). City Council Minutes October 19, 2005 Page 5 D6. Approval to appropriate $10,315.65 from the California Law Enforcement Equipment Program (CLEEP) Grant Fund Balance into Account No. 1366702-5605 (Capital Outlay-Computer Equipment) for the purchase of three (3) Digital Image Management Systems (DIMS) produced by Linear Systems. D7. Approvai of specifications for janitorial services for Citywide facilities and authorize the City Clerk to advertise the request for proposals. RESOLUTION NO. 05-295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFICATIONS FOR JANITORIAL SERVICES FOR CITYWIDE FACILITIES AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE PROPOSALS D8. Consideration of a Public Convenience and Necessity - DRC2005-00808 - A-1 Auto Care - A request to dete,mine a Public Convenience and Necessity fo, a Type 20 Off-Sale Beer and Wine License for a convenience store in the community commercial district, located at 9524 Foothill Blvd. - APN: 0208-151- 19. RESOLUTION NO. 05-296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR A TYPE 20 OFF-SALE BEER AND WINE LICENSE FOR A CONVENIENCE STORE IN THE COMMUNITY COMMERCIAL DISTRICT, LOCATED AT 9524 FOOTHILL BOULEVARD - APN: 0208-151-19 D9. Approval of the Pa,ks. Rec,eation Facilities and Community Services Update. D10. Approval of amendments to the City's Salary Resolution (04-313A) to include the new classifications for the City's Animal Care and Services Program (04-313B). ITEM REMOVED FOR DISCUSSION BY NICOLE MYERCHIN. RESOLUTION NO. 04-313B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 1 OF RESOLUTION NO. 04-313A TO INCLUDE NEW POSITIONS AND SALARY RANGES FOR THE ANIMAL CARE AND SERVICES DEPARTMENT D11. Approval of a request from Valiey Baseball Club, Inc. (dba: Quakes) for a Waiver of Rental Fees for use of the Epicenter Stadium on Wednesday, October 26, 2005, for a Season Ticket Holder World Series activity. D12. ApproVal to declare City-owned miscelianeous items and computer equipment as surplus and autho,ize the donation of one lot of computers to the Gapas Gabaldon Elementary School, Philippines, and the Etiwanda Histo,ical Society. D13. Approval of Improvement Agreement, Improvement Securities, Map, Monumentation Cash Deposit, and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Dist,ict Nos. 1 and 2 for Parcel Map 16455, located on the northeast corner of Hermosa and Wilson Avenues, submitted by Iyad Haifa and Humberto Zarate. City Council Minutes October 19, 2005 Page 6 RESOLUTION NO. 05-297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 16455, MONUMENTATION CASH DEPOSiT, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITIES FOR PUBLIC STREET IMPROVEMENTS RESOLUTION NO. 05-298 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.1 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 16455 D14. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. g and Street Lighting Maintenance Dist,ict Nos. 1 and 8 fo, T,act No. 16716, located on the east side of Etiwanda Avenue between Etiwanda Intermediate School and Etiwanda Raiiway Station, submitted by Monte San Savino, LLC. RESOLUTION NO. 05-299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16716, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 05-300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT NO. 16716 D15. Approval to extend piggyback cont,act for the pu,chase of gasoline and diesel fuel with Poma Distributing of San Bernardino, for Fleet Maintenance, Sheriffs Department and Fire District in annual amounts not to exceed $192,000.00 from Fund 1001317-5255 (Fleet), $162,000.00 from Fund 1001317- 5256 (Fleet), $255,000.00 from Fund 1001701-5255 (Sheriffs Department), $40,000.00 from Fund 3281527-5255 (Fire District), and $80,000.00 f,om Fund 3281527-5256 (Fi,e District), and app,oval to award an additional 10% contingency (all funds). D16. App,oval to utilize the services of Richards, Watson & Ge,shon for right-of-way acquisition services for the Base Line Road at 1-15 Freeway Interchange project, and appropriate $25,000 to Acct. No. 2660801-5650/1361660-6312 from Fund 660 (2004 Tax Allocation Bonds) Fund balance. D17. Approval to execute a contract with Office Depot Business Services to suppiy and deliver citywide miscellaneous office supplies based on U.S. Communities Contract No. 41421, Amendment No. 10. D18. Approval of Improvement Agreement Extension for PM 16180, located at the southeast corner of Banyan St,eet and G,eenwood Place, submitted by Jim Kelm. City Council Minutes October 19, 2005 Page 7 RESOLUTION NO. 05-301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PM 16180 D19. Approval of final Map for Tract 16311, located at the southeast corne' of Heliman Avenue and 61h Street, submitted by Crestwood Corpo,ation. RESOLUTION NO. 05-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL MAP FOR TRACT 16311 D20. Approval to release the Maintenance Guarantee Bond for Tract 14495, located on the southwest corner of Day Creek Boulevard and Wilson Avenue, submitted by MBK Homes, Ltd. D21. Approvai to release the Maintenance Guarantee Bond fo, Tract 14523, located on the west side of Day Creek Boulevard between Banyan Street and Wilson Avenue, submitted by MBK Homes, Ltd. D22. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 16431, located on the east side of the Alta Loma Flood Channel, south side of Lemon Avenue, submitted by Cucamonga Ventures, LLC. RESOLUTION NO. 05-303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16431 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 with the exception of item D10. Motion carried unanimousiy 5-0. Item 10. Approval of amendments to the City's Salary Resolution (04-313A) to include the new classifications for the City's Animal Care and Services Program (04-313B). A Staff ,eport was p,esented by Pam Easte" Deputy City Manager. Mayor Alexander felt it was too bad we disbanded the subcommittee that could have handled this instead of having to get the whole Council involved with this issue. He wanted to discuss bringing this matter back to the Council at the next meeting to re-establish the City Council Animal Shelter Ad Hoc Subcommittee which would report back to the fuli City Council as needed. He felt we have set the sala,ies too high on this. Pam Easter, Deputy City Manager, stated several of the positions on here are to add value and help build the City's animal program. Councilmember Michael asked for Mr. Newton, the consultant, to provide information how he came up with these salary ranges. Mr. Newton provided additional information about the positions. City Council Minutes October 19, 2005 Page 8 Jack Lam, City Manager, stated they are not hiring any of these positions at this point. He stated this is to be ready for when they are ready to hire, but would not happen untii the service levels have been identified by the Council. Councilmember Spagnolo asked if there are job descriptions with each of the job titles and asked why they weren't included in the packet. Mr. Newton stated normally these wouldn't be finalized untii the service leveis have been identified. Jack Lam, City Manager, stated the City Council does not approve job descriptions but would be happy to provide the Council with copies of them. Council member Williams feU staff is doing a great job with developing these. She stated you can't always count on voluntee,s to do the work because we don't have a "ball and chain" on them. She feU there needed to be a proper core trained staff and then add volunteers to fill in where they can. Mayor Alexander stated he is not directing this toward Nathan Winog,ad, but stated he has problems with the process. Nicole Myerchin felt the public shouid be able to give input on this. She wanted to make sure there is fiscal responsibility with this. She hoped that five years down the road we don't say we can't afford the sala,ies that have been set. She really wished we could have a vet on staff as opposed to the 2 vet techs. She stated if the salaries were reduced, we could afford a vet with that money. She asked the Councii to make a good judgment decision. Counciimember Williams stated she has toured several animal facilities, and a part time vet is $100,000. She stated this is a goal to shoot for the future, but added we are just getting started right now. Jack Lam, City Manager, didn't think these salaries were inflated and that they are comparable to the ma,ket place. He asked that the Council app,ove these tonight and added the positions will not be hired right away. Councilmember Michaei stated the County salaries are not important to him, but that his goal is that we have a fi,st class ope,ation and good quality staff wo,king the'e. He feU for tonight we need to move forward with this. MOTION: Moved by Williams, seconded by Gutierrez to approve item D10. Motion carried 4-1 (Aiexander voted no). * * * * * * II E. CONSENT ORDINANCES II No Items Submitted. * * * * '" * II F. ADVERTISED PUBLIC HEARINGS II F1. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2005-00437 - A request to amend the regulations for second dwelling units for consistency with changes in State Law. A staff report was presented by Dan Coleman, Acting City Planner. City Council Minutes October 19, 2005 Page 9 Councilmember Wiiliams stated this requirement is a result of some of our legisiators not eve' being involved with local government. She stated she is very concerned about this and that we should keep paying close attention to what the state is doing. Mayo, Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the titie of Ordinance No. 748. ORDINANCE NO. 748 (first 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 MOTION: Moved by Gutierrez, seconded by Michael to waive full reading and set second reading of Ordinance Nos. 748 for the November 2,2005 meeting. Motion carried unanimously 5-0. F2. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRC2005-00639 - A ,equest to amend the regulations for granting of density bonuses and related incentives for consistency with changes in State Law made by Senate Bill 1818. No staff report was given. Debra J. Adams, City Clerk, read the title of Ordinance No. 749. ORDINANCE NO. 749 (first 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 MOTION: Moved by Gutierrez, seconded by Michael to waive fuli reading and set second reading of Ordinance No. 749 for the November 2,2005 meeting. Motion carried unanimously 5-0. ****** G. PUBLIC HEARINGS G1. CONSIDERATION OF AN ORDINANCE THAT ADOPTS BY REFERENCE ANIMAL REGULATIONS OF THE COUNTY OF SAN BERNARDINO AND AMENDS TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A staff report was presented by Pameia Easter, Deputy City Manager. Jim Markman, City Attorney, stated this is an interim approach and that his office is working on an Ordinance for the Council's consideration once the City takes over the shelter. Mayor Alexander opened the meeting fo, public input. Addressing the City Council was: City Council Minutes October 19, 2005 Page 10 Nicole Myerchin stated once again there shouid be public meetings and that the public has not had the opportunity to read or discuss this. She asked the Council to use extreme caution and stated this sounds scary to her. Jim Markman, City Attorney, stated this is very basic and that he and his staff have gone through this to make sure it is acceptable fo, the time being. There being no further input, public comments were closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 750. \ ORDINANCE NO. 750 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ANIMAL REGULATIONS OF THE COUNTY OF SAN BERNARDINO BY REFERENCE, AND AMENDING TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE MOTION: Moved by Williams, seconded by Gutierrez to waive full reading and set 2,d reading for the November 16, 2005 meeting and also set the public hearing for that date. Motion carried unanimously 5- o. ****** II H. CITY MANAGER'S STAFF REpORTS II H1. APPROVAL OF FACILITY USE PRIORITY POLICY AND USER FEES FOR THE VICTORIA GARDENS CULTURAL CENTER A staff report was presented by Nettie Nielsen, Community Services Superintendent. Counciimember Michael stated he would question why we would not charge the Water District or the County for the use of the facility, but would cha'ge a school. Kevin McArdle, Community Services Directo" stated several years ago the schools were not charged, but a couple years ago this changed since they have their own faciiities fo, most of their functions, but were coming to the City to use our facilities for their events instead of their own. He stated this is when it was decided to charge them the non-profit rate. He stated this is an encouragement to get the school districts to ente, into joint use ag,eements also that would override this. Mayor Alexander opened the meeting for public comments. There being no response, public comments we'e closed. MOTION: Moved by Williams, seconded by Spagnolo to approve staffs recommendation. Motion carried unanimously 5-0. ****** City Council Minutes October 19, 2005 Page 11 II I. COUNCIL BUSINESS II 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Michael stated our City family has had its trials over the last couple weeks and commented on the loss of Deputy Danny Lobo. He stated it was a great memorial service. Councilmember Williams stated the service was very personal, yet very dignified. She stated the Fire Department open house was a huge success. She stated all the Girl Scouts now have a bridge to cross over at Central Park. Councilmember Gutierrez added his condolences to Deputy Lobo's family and stated his daughter got a lot of support from the students. He stated our prayers also go out to Captain Ortiz due to his family crisis. He mentioned the man from the last meeting that had the problem with blowing dust, and that we should look at this in the future to make sure there is water at a project site. He stated if there isn't, the developer should be fined monetarily. He felt we should look at noise problems and enforce our codes. He stated nuisance should not occur. He stated the issue on Day Creek that was brought up earlier was something to consider. He stated heavy trucks should not be brought into residential neighborhood areas. He stated the Grape Harvest was a lot of fun, and that he also went to the fire station open house. Council member Spagnolo stated this past week we experienced the ioss of a Deputy for a total of two deputies over the last year. He stated they were both dedicated men and died in traffic accidents. He stated people need to slow down when they drive, and to remember to pull over when they hear sirens or see emergency vehicles with flashing lights. He felt people need to pay attention when they drive and should drive defensively. He stated courtesy on the road is very important. Mayor Aiexander stated he would like to place on the next agenda the conside,ation of ,e-establishing the animal control ad hoc subcommittee as opposed to these types issues being discussed by the full Council. 12. CONSIDERATION OF AGENDA PLACEMENT FOR COUNCIL ANNOUNCEMENTS Councilmember Gutierrez stated this has been discussed in other sessions and felt the Council comment portion should occur earlier in the meeting and not at the end of the meeting. He stated sometimes there are issues they would like to respond to and that this should occu, eariier in the meeting so people don't tune out if the meetings go too long. He also feit they should be allowed to speak for five minutes instead of three minutes. Counciimembe, Spagnolo stated his only suggestion is for the staff and. Council to ,esearch what people are bringing up and then a report come back to the Council at the next meeting whatever information is found. Councilmember Michael stated if someone knows that comments are not true a Councilmember has always been able to comment at that moment. He stated the reason Council Comments was moved to the end of the meeting was to do City business first and then allow the City Council to speak. Mayor Alexander stated he didn't really feel Council Comments was needed on the agenda at all, that it is just an opportunity for the Council to toot their own horn. Councilmember Gutierrez commented that presentations are taking up a long amount of time during a meeting. He stated this issue was not brought up for a chance to allow the people that watch the meetings to hea, answers to some of the things that a'e b,ought up. He felt it should be done earlier in the meeting. He stated in the past, there have been Council members that were put on trial, so to speak, and should have been defended. This is why he felt this should be moved forward on the agenda. City Council Minutes October 19, 2005 Page 12 Councilmember Wiiliams stated this is a City meeting run by the City, but didn't care if this is in the front or the back of the agenda. Councilmember Michael asked Mayor Alexander how he felt if a Councilmembe, defends himself after someone criticizes or attacks him. Council member Gutierrez felt if someone is making attacking comments, the Mayor shouid address that person about their comments. ACTION: No action taken ****** II J. ADJOURNMENT II MOTION: Moved by Gutierrez, seconded by Michael to adjourn. Motion carried unanimousiy 5-0. The meeting adjourned at 9:37 p.m. Respectfully submitted, Approved: . Debra J. Adams, CMC City Clerk CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/12/2005 through 1012512005 Check No. Check Date Vendor Name Amount AP - 00228673 10/12/2005 A AND A AUTOMOTIVE 50.00 AP - 00228674 10/12/2005 A AND R TIRE SERVICE 5,081.19 AP - 00228675 10/12/2005 AA EQUIPMENT 28.35 AP - 00228676 10/1212005 ABC LOCKSMITHS 24.24 AP - 00228676 10/1212005 ABC LOCKSMITHS 14.55 AP - 00228676 10/1212005 ABC LOCKSMITHS 105.06 AP - 00228676 10/12/2005 ABC LOCKSMITHS 69.60 AP - 00228676 10/12/2005 ABC LOCKSMITHS 18.05 AP - 00228676 10/12/2005 ABC LOCKSMITHS 51.13 AP - 00228676 10/1212005 ABC LOCKSMITHS 31.66 AP - 00228676 10/12/2005 ABC LOCKSMITHS 40.41 AP - 00228676 10/12/2005 ABC LOCKSMITHS 32.33 AP - 00228677 10/1212005 ABLAC 16.39 AP - 00228678 10/12/2005 ABLETRONICS 32.40 AP - 00228678 10/1212005 ABLETRONICS 14.55 AP - 00228678 10/12/2005 ABLETRONICS 39.60 AP - 00228679 10/1212005 ACTION AWARDS INC 120.74 AP - 00228679 10/12/2005 ACTION AWARDS INC 654.75 AP - 00228679 10/1212005 ACTION AWARDS INC 62.78 AP - 00228679 10/1212005 ACTION AWARDS INC 59.80 AP - 00228680 10/1212005 ADAMSON, RONALD 1,320.00 AP - 00228681 10/1212005 ADVANCE UTILITY SYSTEMS CORP 26,860.40 AP - 00228682 10/12/2005 AEF SYSTEMS CONSULTING INC 1.050.00 AP - 00228682 10/12/2005 AEF SYSTEMS CONSULTING INC 1,575.00 AP - 00228683 10/12/2005 AFLAC 14.86 AP - 00228684 10/12/2005 AG ELECTRIC CAR SPECIALISTS 186.79 AP - 00228686 10/12/2005 AJILON FINANCE 2,074.32 AP - 00228686 10/12/2005 AJILON FINANCE 2,414.88 AP - 00228686 10/1212005 AJILON FINANCE 1,238.40 AP - 00228687 10/1212005 AKM CONSULTING ENGINEERING INC 1,278.38 AP - 00228690 10/1212005 . ALT A LOMA ANIMAL HOSPITAL 200.00 AP - 00228691 10/12/2005 AMERICAN BODY ARMOR & EQUIPMENT INC 94.50 AP - 00228692 10/12/2005 AMERICAN CLASSIC SANITATION INC 166.94 AP - 00228693 10/1212005 AMERICAN LANDSCAPE INC 305,000.00 AP - 00228694 10/12/2005 AMERICAN PUBLIC WORKS ASSOCIATION 152.50 AP - 00228695 10/1212005 AMTECH ELEVATOR SERVICES 195.97 AP - 00228695 10112/2005 AMTECH ELEVATOR SERVICES 146.31 AP - 00228696 10/12/2005 ANAHEIM, CITY OF 283,206.72 AP - 00228697 10/1212005 APG COMPANY 11,655.00 AP - 00228699 10/1212005 ASSE 155.00 AP - 00228700 10/1212005 ASSOCIATED GROUP 5,405.12 AP - 00228701 10/1212005 ASTRUM UTILITY SERVICES 10,997.40 AP - 00228701 10/12/2005 ASTRUM UTILITY SERVICES 6,750.00 AP - 00228702 10/1212005 AUFBAU CORPORATION 12,012.00 AP - 00228704 10/12/2005 AUTO SPECIALISTS 488.03 AP - 00228704 10/1212005 AUTO SPECIALISTS 29.95 AP - 00228704 10/1212005 AUTO SPECIALISTS 191.27 AP - 00228704 10/12/2005 AUTO SPECIALISTS 29.95 AP - 00228704 10/12/2005 AUTO SPECIALISTS 29.95 AP - 00228704 10/1212005 AUTO SPECIALISTS 29.95 AP - 00228705 10/12/2005 BAND K ELECTRIC WHOLESALE 30.30 AP - 00228705 10/12/2005 B AND K ELECTRIC WHOLESALE 92.86 I AP - 00228705 10/1212005 B AND K ELECTRIC WHOLESALE 505.08 User: KFINCHER - Karen Fincher Page: I Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Time: 13:35:2 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 10112/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP - 00228705 10112/2005 B AND K ELECTRIC WHOLESALE 101.02 AP - 00228705 10112/2005 B AND K ELECTRIC WHOLESALE 59Ll7 AP - 00228705 10112/2005 BAND K ELECTRIC WHOLESALE 202.Q3 AP - 00228705 10112/2005 B AND K ELECTRIC WHOLESALE 139.88 AP - 00228705 10112/2005 B AND K ELECTRIC WHOLESALE 33.83 AP - 00228705 10/ I 2/2005 B AND K ELECTRIC WHOLESALE 634.22 AP - 00228705 10/12/2005 B AND K ELECTRIC WHOLESALE II4.98 AP - 00228706 10112/2005 BACKGROUNDS UNLIMITED 750.00 AP - 00228706 101I2/2005 BACKGROUNDS UNLIMITED 750.00 AP - 00228706 10112/2005 BACKGROUNDS UNLIMITED 750.00 AP - 00228706 10112/2005 BACKGROUNDS UNLIMITED 750.00 AP - 00228707 10112/2005 BALDEON, CARLOS 535.50 AP - 00228708 10112/2005 BARNHART INC 8,099.00 AP - 00228708 10112/2005 BARNHART INC -809.90 AP - 00228708 10112/2005 BARNHART INC 28,643.00 AP - 00228708 10112/2005 BARNHART INC 2,004.84 AP - 00228708 10112/2005 BARNHART INC 61,712.80 AP - 00228708 10112/2005 BARNHART INC 1,000.00 AP - 00228708 10112/2005 BARNHART INC 76.524.68 AP - 00228708 10/12/2005 BARNHART INC -13,545.00 AP - 00228709 10112/2005 BEARD PROVENCHER AND ASSOC 5.140.00 AP - 00228709 10/12/2005 BEARD PROVENCHER AND ASSOC II,580.00 AP - 00228709 10112/2005 BEARD PROVENCHER AND ASSOC 2,730.00 AP - 00228710 10112/2005 BEDROCK COMPANY, THE 68.85 AP - 002287 I I 10/ I 2/2005 BERNARD, JEREMY 643.50 AP - 00228712 10/ I 2/2005 BONGARDE HOLDINGS INC 484.95 AP - 00228714 10112/2005 BRUNSWICK DEER CREEK LANES 308.00 AP - 00228715 10/12/2005 BURKE. KAREN 56.70 AP - 00228716 10112/2005 BUSH DECOR & CONSTRUCTION 15.02 AP - 00228717 10/12/2005 BUTSKO UTILITY DESIGN INC 23,972.00 AP - 00228718 10/12/2005 CAL PERS LONG TERM CARE 231.92 AP - 00228720 10/12/2005 CALIFORNIA ELECTRONIC ENTRY 355.42 AP - 00228721 10112/2005 CALIFORNIA, STATE OF 1,521.83 AP - 00228721 10/12/2005 CALIFORNIA, STATE OF 854.92 AP - 00228721 10112/2005 CALIFORNIA, STATE OF -129.33 AP - 00228721 10112/2005 CALIFORNIA, STATE OF 28.51 AP - 00228721 10112/2005 CALIFORNIA, STATE OF 752.25 AP - 00228722 10112/2005 CALSENSE 1,103.73 AP - 00228722 10112/2005 CALSENSE 2,478.88 AP - 00228722 10112/2005 CALSENSE I,IIO.42 AP - 00228722 10112/2005 CALSENSE 974.90 AP - 00228722 10112/2005 CALSENSE 759.69 AP - 00228722 10112/2005 CALSENSE 1,103.58 AP - 00228723 10112/2005 CARRILLO, TRINA 1,053.00 AP - 00228725 10112/2005 CASTILLO, JESSIE 300.00 AP - 00228726 10112/2005 CCPOA 30.00 AP - 00228727 10112/2005 CENTER ICE ARENA 56.00 AP - 00228728 10/12/2005 CHARTER MEDIA INC 342.00 AP - 00228728 10112/2005 CHARTER MEDIA INC 1,308.00 AP - 00228728 10112/2005 CHARTER MEDIA INC. 350.40 AP - 00228731 10112/2005 CIRCLE CITY ROOFING INC 29.00 AP - 00228732 10112/2005 CIVIC SOLUTIONS INC 10,167.50 d- AP - 00228732 10112/2005 CIVIC SOLUTIONS INC 13,534.50 User: KFINCHER - Karen Fincher Page: 2 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Registe, Portrait Layout Time: 13:35:2 ----- CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/12/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP - 00228732 10/12/2005 CIVIC SOLUTIONS INC 1,094.25 AP - 00228733 10/12/2005 CLABBY, SANDRA 1,000.00 AP - 00228734 10/12/2005 CLARK, KAREN 150.50 AP - 00228736 10/12/2005 CLOUD, DON 420.00 AP - 00228737 10/12/2005 CMRE FINANCIAL SERVICES INC 233.67 AP - 00228738 10/12/2005 COLOR ME MINE 133.60 AP - 00228739 10/12/2005 COLTON TRUCK SUPPLY 84.95 AP - 00228739 10/12/2005 COLTON TRUCK SUPPLY 50.01 AP - 00228739 10/12/2005 COLTON TRUCK SUPPLY 96.24 AP - 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00228747 10/12/2005 CUCAMONGA VALLEY WATER DISTRICT 843.68 AP - 00228747 10/12/2005 CUCAMONGA V ALLEY WATER DISTRICT 675.68 AP - 00228747 10/12/2005 CUCAMONGA V ALLEY WATER DISTRICT 1,455.68 AP - 00228747 10/12/2005 CUCAMONGA V ALLEY WATER DISTRICT 1,677.68 AP - 00228747 10/12/2005 CUCAMONGA VALLEY WATER DISTRICT 94.88 AP - 00228747 10/12/2005 CUCAMONGA V ALLEY WATER DISTRICT 279.68 AP - 00228747 10/12/2005 CUCAMONGA V ALLEY WATER DISTRICT 66.68 AP - 00228747 10/12/2005 CUCAMONGA V ALLEY WATER DISTRICT 74.68 AP - 00228747 10/12/2005 CUCAMONGA VALLEY WATER DISTRICT 178.58 AP - 00228747 10/12/2005 CUCAMONGA V ALLEY WATER DISTRICT 36.08 AP - 00228747 10/12/2005 CUCAMONGA V ALLEY WATER DISTRICT 55.20 -3 User: KF1NCHER - Ka,en Fincher Page: 3 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Po,t,ait Layout Time: 13:35:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/12/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP - 00228747 10/12/2005 CUCAMONGA V ALLEY WATER DISTRICT 535.28 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 492.44 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 163.28 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 915.68 AP - 00228747 10/12/2005 CUCAMONGA V ALLEY WATER DISTRICT 1,429.28 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 106.88 AP - 00228747 10/12/2005 CUCAMONGA VALLEY WATER DISTRICT 1,454.48 AP - 00228747 10/12/2005 CUCAMONGA V ALLEY WATER DISTRICT 217.28 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 102.16 AP - 00228747 10/1212005 CUCAMONGA VALLEY WATER DISTRICT 73.60 AP - 00228747 10/12/2005 CUCAMONGA V ALLEY WATER DISTRICT 106.88 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 184.42 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 882.Q7 AP - 00228747 1011212005 CUCAMONGA V ALLEY WATER DISTRICT 1,874.08 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 866.08 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 42.98 AP - 00228747 10112/2005 CUCAMONGA V ALLEY WATER DISTRICT 147.68 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 152.56 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 189.68 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 696.08 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 271.28 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 1,045.28 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 836.48 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 918.08 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 864.08 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 68.68 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 1,718.12 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 174.68 AP - 00228747 10112/2005 CUCAMONGA V ALLEY WATER DISTRICT 176.48 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 507.68 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 111.68 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 193.28 AP - 00228747 1011212005 CUCAMONGA V ALLEY WATER DISTRICT 381.68 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 259.28 AP - 00228747 10/1212005 CUCAMONUA V ALLEY WATER DISTRICT 44.48 AP - 00228747 10/1212005 CUCAMONGA VALLEY WATER DISTRICT 26.18 AP - 00228747 1011212005 CUCAMONGA V ALLEY WATER DISTRICT 993.08 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 203.48 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 83.48 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT t68.08 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 301.88 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 87.08 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 58.58 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 136.28 AP - 00228747 10/1212005 CUCAMONGA V ALLEY WATER DISTRICT 195.08 AP - 00228748 10/12/2005 CUCAMONGA V ALLEY WATER DISTRICT 1,354.88 AP - 00228749 10/1212005 D 3 EQUIPMENT 86.49 AP - 00228751 10/1212005 D AND K CONCRETE COMPANY 358.27 AP - 00228751 10/12/2005 D AND K CONCRETE COMPANY 495.65 AP - 00228751 10/1212005 D AND K CONCRETE COMPANY 755.33 AP - 00228751 10/1212005 D AND K CONCRETE COMPANY 1,113.60 AP - 00228751 10/12/2005 D AND K CONCRETE COMPANY 455.25 cf AP - 00228751 10/12/2005 D AND K CONCRETE COMPANY 455.25 User: KFINCHER - Karen Finche, Page: 4 Current Date: 1O/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:35:2 CITY OF RANCHO CUCAMONGA Aeenda Check Reeister 10/12/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP - 00228752 10/12/2005 DAGHDEVIRIAN, KATHY 1,296.00 AP - 00228753 10/12/2005 DANCE TERRIFIC 2,863.04 AP - 00228756 10/12/2005 DAPPER TIRE CO 540.63 AP - 00228757 10/12/2005 DE PINHO ROOFING INC. 40.00 AP - 00228758 10/12/2005 DEER CREEK CAR CARE CENTER 86.00 AP - 00228759 10/12/2005 DEL MECHANICAL 151.25 AP - 00228759 10/12/2005 DEL MECHANICAL 211.99 AP - 00228760 10/12/2005 DELANY, DANI 144.00 AP - 00228761 10/12/2005 DELTA DENTAL 32,444.85 AP - 00228762 10/12/2005 DEMPSTER, KERI 216.00 AP - 00228763 10/12/2005 DICK, ERIC 50.00 AP - 00228763 10/12/2005 DICK, ERIC 50.00 AP - 00228764 10112/2005 DIETERICH INTERNATIONAL TRUCK 178.30 AP - 00228766 10112/2005 DIVERSIFIED PRODUCTS 339.90 AP - 00228767 10/12/2005 DOUBLET-DE LION, PATRICIA 619.50 AP - 00228768 10112/2005 DUFFY, RICK 2,826.25 AP - 00228769 10/12/2005 DYAN,DIANE 399.00 AP - 00228770 10/12/2005 DYNASTY GYM 1,264.80 AP - 00228771 10/12/2005 EASTON SPORTS DEVELOPMENT FOUNDATIOI 392.00 AP - 00228772 10/12/2005 ELECTRONICS WAREHOUSE 23.36 AP - 00228773 10/12/2005 EMCOR SERVICE 6,495.74 AP - 00228774 10/12/2005 ENVIRONMENTAL RECOVERY SERVICES INC. 1,640.73 AP - 00228775 10/12/2005 EWING IRRIGATION PRODUCTS 40.51 AP - 00228775 10/12/2005 EWING IRRIGATION PRODUCTS 296.31 AP - 00228775 10/1212005 EWING IRRIGATION PRODUCTS 49.93 AP - 0022877 5 10/12/2005 EWING IRRIGATION PRODUCTS 57.89 AP - 00228775 10/12/2005 EWING IRRIGATION PRODUCTS 96.86 AP - 00228776 10112/2005 EXPRESS BRAKE SUPPLY 55.14 AP - 00228776 1011212005 EXPRESS BRAKE SUPPLY 138.70 AP - 00228776 10/12/2005 EXPRESS BRAKE SUPPLY 138.26 AP - 00228777 10112/2005 F S MOTOR SPORTS INC 200.00 AP - 00228778 10/12/2005 F ASTENAL COMPANY lOOm AP - 00228778 10/12/2005 FASTENALCOMPANY 8.49 AP - 00228778 10/12/2005 FASTENAL COMPANY 33.14 AP - 00228779 10/12/2005 FEDERAL EXPRESS CORP 16.63 AP - 00228779 10/12/2005 FEDERAL EXPRESS CORP 18.70 AP - 00228779 10/12/2005 FEDERAL EXPRESS CORP 28.44 AP - 00228780 10/12/2005 FERGUSON ENTERPRISES INC 152.15. AP - 00228781 10/12/2005 FILARSKY AND WATT 1,782.50 AP - 00228782 10/12/2005 FILTER RECYCLING SERVICE INC 178.50 AP - 00228783 10/12/2005 FINESSE PERSONNEL ASSOCIATES 471.75 AP - 00228783 10/12/2005 FINESSE PERSONNEL ASSOCIATES 1,287.00 AP - 00228783 10/12/2005 FINESSE PERSONNEL ASSOCIATES 1,332.00 AP - 00228783 10/12/2005 FINESSE PERSONNEL ASSOCIATES 840.00 AP - 00228783 10/12/2005 FINESSE PERSONNEL ASSOCIATES 868.00 AP - 00228783 10/12/2005 FINESSE PERSONNEL ASSOCIATES 570.00 AP - 00228783 10/12/2005 FINESSE PERSONNEL ASSOCIATES 565.25 AP - 00228786 10/12/2005 FISHER SCIENTIFIC 408.12 AP - 00228786 10/12/2005 FISHER SCIENTIFIC 75.73 AP - 00228787 10/12/2005 FISHER, THERESA 750.00 AP - 00228788 10/12/2005 FORD OF UPLAND INC 222.76 AP - 00228788 10/12/2005 FORD OF UPLAND INC 41.20 S-- AP - 00228789 10/12/2005 FUKUSHIMA, JUDITH 2,385.00 User: KFINCHER - Karen Fincher Page: 5 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Registe, Po't,ait Layout Time: 13:35:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/12/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP - 00228791 10/12/2005 GARNER, CATHLEEN 41.80 AP - 00228792 10/12/2005 GAYLORD BROTHERS 219.29 AP - 00228792 10/12/2005 GAYLORD BROTHERS 652.05 AP - 00228793 10/12/2005 GIORDANO, MARIANNA 174.00 AP - 00228795 10/12/2005 GOLDEN WEST OIL INC 32.50 AP - 00228796 10/12/2005 GOLF VENTURES WEST 14.98 AP - 00228797 10/12/2005 GONZALES, CARLOS noo AP - 00228798 10/12/2005 GRAINGER 72.31 AP - 00228799 10/12/2005 HAAKER EQUIPMENT CO 3,045.46 AP - 00228799 10/12/2005 HAAKER EQUIPMENT CO 2,389.86 AP - 00228800 10/12/2005 HAINES AND COMPANY INC 307.58 AP - 0022880 I 10/12/2005 HALO BASEBALL CLUB 2,000.00 AP - 00228802 10/12/2005 HANGER 18 LLC. 287.00 AP - 00228803 10/12/2005 HANSON, BARRYE 1,920.00 AP - 00228804 10/12/2005 HDL COREN AND CONE 250.00 AP - 00228805 10/12/2005 HEILIG, KELLY 1,036.20 AP - 00228806 10/12/2005 HOLLIDAY ROCK CO INC 14,620.37 AP - 00228807 10/12/2005 HOLT'S AUTO ELECTRIC INC 242.44 AP - 00228809 10/12/2005 HOME DEPOT CREDIT SERVICES 8.21 AP - 00228809 10/12/2005 HOME DEPOT CREDIT SERVICES 208.17 AP - 00228809 10/12/2005 HOME DEPOT CREDIT SERVICES 80.12 AP - 00228809 10/12/2005 HOME DEPOT CREDIT SERVICES 41.59 AP - 00228810 10/12/2005 HOYT LUMBER CO., SM 54.24 AP - 00228811 10/12/2005 HOYT, RAYMOND 957.60 AP - 00228812 10/12/2005 HSU, STEVE 216.00 AP - 00228814 10112/2005 HUNTINGTON HARDWARE 318.90 AP - 00228815 10/12/2005 HYDROSCAPE PRODUCTS INC 38.79 AP - 00228815 10112/2005 HYDROSCAPEPRODUCTSINC 454.86 AP - 00228815 10/12/2005 HYDROSCAPE PRODUCTS INC 92.99 AP - 00228816 10/12/2005 IBM CORPORATION 1,870.62 AP - 00228816 10112/2005 IBM CORPORATION 1,297.00 AP - 00228816 10/12/2005 IBM CORPORATION 9,328.51 AP - 00228817 10/12/2005 IBM CORPORATION 1,327.48 AP - 00228817 10/12/2005 IBM CORPORATION 2,801.46 AP - 00228817 10/12/2005 IBM CORPORATION 883.96 AP - 00228817 10/12/2005 IBM CORPORATION 58,980.19 AP - 00228820 10/12/2005 INGERSOLL RAND 310.08 AP - 00228821 10/12/2005 INLAND V ALLEY DAILY BULLETIN 191.00 AP - 00228821 10/12/2005 INLAND VALLEY DAILY BULLETIN 638.40 AP - 00228821 10/12/2005 INLAND V ALLEY DAILY BULLETIN 154.00 AP - 00228821 10/12/2005 INLAND V ALLEY DAILY BULLETIN 83.68 AP - 00228821 10/12/2005 INLAND VALLEY DAILY BULLETIN 670.80 AP - 00228822 10/12/2005 INLAND VALLEY DAILY BULLETIN 18.00 AP - 00228823 10/12/2005 INLAND V ALLEY DANCE ACADEMY 3,555.00 AP - 00228824 10/12/2005 INSIGHT DIRECT 5,511.43 AP - 00228825 10/12/2005 INTERSTATE BATTERIES 41.50 AP - 00228825 10/12/2005 INTERSTATE BATTERIES 324.44 AP - 00228825 10/12/2005 INTERSTATE BATTERIES 210.05 AP - 00228825 10/12/2005 INTERSTATE BATTERIES 140.04 AP - 00228825 10/12/2005 INTERSTATE BATTERIES 207.55 AP - 00228825 10/12/2005 INTERSTATE BATTERIES 112.40 AP - 00228826 10/12/2005 ISA 145.00 AP - 00228827 10/12/2005 ISA 145.00 !p User: KFINCHER - Karen Finche, Page: 6 Current Date: 10/26/20C Report:CK_AGENDA_REG]ORTRAIT _RC - CK: Agenda Check Register Portrait Layout Time: t3:35:2 CITY OF RANCHO CUCAMONGA Al!:enda Check Rel!:ister 10/12/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP - 00228828 10/12/2005 ISEC INCORPORATED 280.35 AP - 00228828 10/12/2005 ISEC INCORPORATED -28.04 AP - 00228828 10/12/2005 ISEC INCORPORATED -23.14 AP - 00228828 10/12/2005 ISEC INCORPORATED 231.44 AP - 00228829 10/12/2005 JOBS AVAILABLE INC 122,40 AP - 00228830 10/12/2005 JOHNSTON CONSULTING, CHRIS 1,575.00 AP - 00228831 10/12/2005 IONES AND MAYER LAW OFFICES OF 2,150.31 AP - 00228831 to/12/2005 JONES AND MAYER LAW OFFICES OF 200.00 AP - 00228832 10/12/2005 JONES, BOB 2,560.00 AP - 00228833 10/12/2005 KAMAN INDUSTRIAL TECHNOLOGIES 814.14 AP - 00228834 10/12/2005 KAPLAN, DENEAN 1,101.60 AP - 00228835 10/12/2005 KC PRINTING & GRAPHICS INC 618.57 AP - 00228836 10/12/2005 KELLY EQUIPMENT 7U6 AP - 00228838 10/12/2005 KNOTTS BERRY FARM 1,484.00 AP - 00228839 101 t 2/2005 KOZLOVICH, DEBBIE 4,528.50 AP - 00228840 10/12/2005 LEHIGH SAFETY SHOE COMPANY 75,43 AP - 00228841 10/12/2005 LIM, HEATHER 1,122.00 AP - 00228842 10/12/2005 LIVE OAK DOG OBEDIENCE 660.00 AP - 00228844 10/12/2005 LOS ANGELES FREIGHTLINER 345.06 AP - 00228845 10/12/2005 MAGRUDER, KAREN 210.60 AP - 00228846 10/12/2005 MARIPOSA HORTICULTURAL ENT INC 17,036.64 AP - 00228846 10/12/2005 MARIPOSA HORTICULTURAL ENT INC 3,464.17 AP - 00228846 10/12/2005 MARIPOSA HORTICULTURAL ENT INC 8,80U5 AP - 00228846 10/12/2005 MARIPOSA HORTICULTURAL ENT INC 130.61 AP - 00228846 10/12/2005 MARIPOSA HORTICULTURAL ENT INC 17,462.73 AP - 00228846 101l2/2005 MARIPOSA HORTICULTURAL ENT INC 9,093.84 AP - 00228846 10/12/2005 MARIPOSA HORTICULTURAL ENT INC 130.61 AP - 00228846 10/1212005 MARIPOSA HORTICULTURAL ENT INC 3,681.56 AP - 00228846 10/12/2005 MARIPOSA HORTICULTURAL ENT INC 5,078.68 AP - 00228846 101l212005 MARIPOSA HORTICULTURAL ENT INC 1,263.37 AP - 00228846 10/12/2005 MARIPOSA HORTICULTURAL ENT INC 8,80U5 AP - 00228847 10/12/2005 MARK CHRIS INC 76.03 AP - 00228848 10/12/2005 MARSHALL, SYLVIA 1,557.00 AP - 00228850 10/12/2005 MEYER, PATRICIA 27.00 AP - 00228851 10/12/2005 MILLS, CAREY 1,200.00 AP - 00228852 10/12/2005 MITSUBISHI ELECTRIC & ELECTRONICS USA n 24,581.51 AP - 00228852 10/12/2005 MITSUBISHI ELECTRIC & ELECTRONICS USA n -2,458.16 AP - 00228853 10/12/2005 MOE, JOHN 378.00 AP - 00228854 10/12/2005 MONARCH COIN & SECURITY 1,085.29 AP - 00228855 10/12/2005 MOUNTAIN VIEW GLASS AND MIRROR 267.10 AP - 00228856 10/12/2005 MOUNTAIN VIEW SMALL ENG REPAIR 27,48 AP - 00228857 10/12/2005 MUNICIPAL INFO. SYSTEMS ASSOC. OF CALIF. 240.00 AP - 00228859 10/12/2005 NAPA AUTO PARTS 36.09 AP - 00228859 10/12/2005 NAPA AUTO PARTS -59.25 AP - 00228859 10/12/2005 NAPA AUTO PARTS 42.54 AP - 00228859 10/12/2005 NAPA AUTO PARTS 16.75 AP - 00228860 10/12/2005 NASH, JESSICA 643.50 AP - 00228861 10/12/2005 NATIONAL CONSTRUCTION RENTALS INC 671.33 AP - 00228861 10/12/2005 NATIONAL CONSTRUCTION RENTALS INC 143.52 AP - 00228862 10/12/2005 NATIONAL DEFERRED 17,941.62 AP - 00228863 10/12/2005 NIKPOUR, MOHAMMED 48.00 AP - 00228864 10/12/2005 NINYO AND MOORE GEOTECHNICAL 1,600.25 AP - 00228865 10/12/2005 NO KILL SOLUTIONS 3,109.74 7 User: KFINCHER - Ka,en Fincher Page: 7 Current Date: 1O/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:35:2 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 10/12/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP - 00228867 10/12/2005 OFFICE DEPOT 1,059.03 AP - 00228867 10/12/2005 OFFICE DEPOT 87.17 AP - 00228867 10/12/2005 OFFICE DEPOT 117.92 AP - 00228867 lO/t2/2005 OFFICE DEPOT 232.54 AP - 00228867 10/12/2005 OFFICE DEPOT 165.68 AP - 00228867 10/12/2005 OFFICE DEPOT 75.49 AP - 00228867 10/12/2005 OFFICE DEPOT 342.71 AP - 00228867 10/12/2005 OFFICE DEPOT 167.67 AP - 00228867 10/12/2005 OFFICE DEPOT 147.57 AP - 00228867 10/12/2005 OFFICE DEPOT 227.78 AP - 00228867 10/12/2005 OFFICE DEPOT 67.65 AP - 00228867 10/12/2005 OFFICE DEPOT 75.11 AP - 00228867 10/12/2005 OFFICE DEPOT 153.30 AP - 00228867 10/12/2005 OFFICE DEPOT -26.97 AP - 00228867 10/12/2005 OFFICE DEPOT 45.78 AP - 00228867 10/12/2005 OFFICE DEPOT 14.12 AP - 00228867 10112/2005 OFFICE DEPOT 85.81 AP - 00228867 10/12/2005 OFFICE DEPOT 56.99 AP - 00228867 10/12/2005 OFFICE DEPOT 4Ll6 AP - 00228867 10/12/2005 OFFICE DEPOT 35.31 AP - 00228867 10/12/2005 OFFICE DEPOT 60.45 AP - 00228867 10/12/2005 OFFICE DEPOT 291.98 AP - 00228867 10/12/2005 OFFICE DEPOT 378.61 AP - 00228867 10/12/2005 OFFICE DEPOT 81.24 AP - 00228867 10/12/2005 OFFICE DEPOT 7.35 AP - 00228867 10/12/2005 OFFICE DEPOT 17.93 AP - 00228867 10/12/2005 OFFICE DEPOT 53.08 AP - 00228867 10/12/2005 OFFICE DEPOT 104.96 AP - 00228867 10/12/2005 OFFICE DEPOT 16.99 AP - 00228867 10/12/2005 OFFICE DEPOT 13.71 AP - 00228867 10/12/2005 OFFICE DEPOT 4.73 AP - 00228867 10/12/2005 OFFICE DEPOT 8.11 AP - 00228867 10/12/2005 OFFICE DEPOT 14.18 AP - 00228867 10/12/2005 OFFICE DEPOT 127.02 AP - 00228867 101 t 2/2005 OFFICE DEPOT 552.15 AP - 00228867 10/12/2005 OFFICE DEPOT 8.23 AP - 00228867 10/12/2005 OFFICE DEPOT 107.74 AP - 00228867 10/12/2005 OFFICE DEPOT 9.97 AP - 00228867 10/12/2005 OFFICE DEPOT 27.51 AP - 00228867 10/12/2005 OFFICE DEPOT 35.53 AP - 00228868 10/12/2005 ONTARIO ICE SKATING CENTER 890.40 AP - 00228869 10/12/2005 ONTARIO WINNELSON CO 153.39 AP - 00228870 10/12/2005 ORACLE CORP 868.59 AP - 00228871 10/12/2005 OWEN ELECTRIC 112.50 AP - 00228872 10/12/2005 PACIFIC EQUIP AND IRRIGATION INC 41.71 AP - 00228872 10/12/2005 PACIFIC EQUIP AND IRRIGATION INC 241.96 AP - 00228874 10/12/2005 PARKER, SHANNON 240.00 AP - 00228875 10/12/2005 PEACOCK SYSTEMS 440.70 AP - 00228876 10/12/2005 PETES ROAD SERVICE INC -25.00 AP - 00228876 10/12/2005 PETES ROAD SERVICE INC -230.25 AP - 00228876 10/12/2005 PETES ROAD SERVICE INC -470.88 AP - 00228876 10/12/2005 PETES ROAD SERVICE INC 201.77 ~ AP - 00228876 10/12/2005 PETES ROAD SERVICE INC 1,572.72 User: KFINCHER - Karen Fincher Page: 8 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Time: 13:35:2 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/12/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP - 00228876 10/12/2005 PETES ROAD SERVICE INC 229.87 AP - 00228877 10/12/2005 PIONEER MANUFACTURING 2,303.16 AP - 00228878 10/12/2005 PMI 1,058.40 AP - 00228880 10/12/2005 POUK AND STEINLE INC. 48,463.75 AP - 00228880 10/12/2005 POUK AND STEINLE INC. 5,803.92 AP - 00228881 10/12/2005 PRE-PAID LEGAL SERVICES INC 6.81 AP - 00228882 10/12/2005 PRECISION GYMNASTICS 2,104.90 AP - 00228883 10/12/2005 PRIMA MOSI 525.25 AP - 00228885 10/12/2005 PROJECT SISTER 81.00 AP - 00228886 10/12/2005 PRUDENTIAL OVERALL SUPPLY 7.00 AP - 00228887 10/12/2005 RAMOS, GRETT A 336.00 AP - 00228888 10/12/2005 RANCHO CUCAMONGA QUAKES PROFESSIONI 770.00 AP - 00228889 10/12/2005 RANCHO CUCAMONGA QUAKES PROFESSIONI 420.00 AP - 00228890 10/12/2005 RCPFA 6,953.79 AP - 00228891 10/12/2005 RECREATION & PARK CONFERENCE 1,115.00 AP - 00228892 10/12/2005 REINHARDT, RITA 192.00 AP - 00228893 10/12/2005 REPUBLIC ELECTRIC 3,973.79 AP - 00228893 10/12/2005 REPUBLIC ELECTRIC 1,690.16 AP - 00228894 10/12/2005 RI TEC INDUSTRIAL PRODUCTS 284.00 AP - 00228894 10/12/2005 RI TEC INDUSTRIAL PRODUCTS 266.06 AP - 00228895 10/12/2005 RICHARDS WATSON AND GERSHON 364.00 AP - 00228896 10/12/2005 RIVERSIDE BLUEPRINT 40.36 AP - 00228896 10/12/2005 RIVERSIDE BLUEPRINT 944.11 AP - 00228897 10/12/2005 ROBLES SR, RAUL P 85.00 AP - 00228897 10/12/2005 ROBLES SR, RAUL P 60.00 AP - 00228897 10/12/2005 ROBLES SR, RAUL P 110.00 AP - 00228898 10/12/2005 RODRIGUEZ INC, R Y 190.00 AP - 00228900 10/12/2005 S AND K ENGINEERS 110.00 AP - 0022890 I 10112/2005 SAMPLES, KRISTY 45.18 AP - 00228903 10/12/2005 SAN BERNARDINO COUNTY AUDITOR CONTRC 184.50 AP - 00228903 10/12/2005 SAN BERNARDINO COUNTY AUDITOR CONTRC 246.00 AP - 00228903 10112/2005 SAN BERNARDINO COUNTY AUDITOR CONTRC 184.50 AP - 00228905 10/12/2005 SAN BERNARDINO COUNTY 1,058.50 AP - 00228906 10112/2005 SAN BERNARDINO CTY RECORDERS OFFICE 55.00 AP - 00228907 10/12/2005 SAN BERNARDINO CTY SHERIFFS DEPT 82.20 AP - 00228908 10/12/2005 SAN BERNARDINO CTY SHERIFFS DEPT 2.967.53 AP - 00228909 10/12/2005 SAN BERNARDINO CTY SHERIFFS DEPT 6,871.70 AP - 00228910 10/12/2005 SAN DIEGO NATIONAL BANK 32,726.21 AP - 00228910 10/12/2005 SAN DIEGO NATIONAL BANK 7,404.66 AP - 00228911 10/12/2005 SANTOS, MANNY 72.00 AP - 00228912 10/12/2005 SASI MARBLE AND GRANITE 22.88 AP - 00228913 10/12/2005 SBC LONG DISTANCE 1,707.00 AP - 00228914 10/12/2005 SBC 1,360.93 AP - 00228915 10/12/2005 SCHOLTEN ROOFING 5.73 AP - 00228916 10/12/2005 SCOTTI, RENATO 2,971.56 AP - 00228917 10112/2005 SHAFER. 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00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.63 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 16.66 AP - 00228927 I bIl 2/2005 SOUTHERN CALIFORNIA EDISON 14.24 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 4.32 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 14.23 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 14.24 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 84.37 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.51 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 4.32 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.51 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.51 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.51 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 42.25 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 66.83 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.51 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 17.14 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 16.47 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 16.96 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 59.63 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 2,038.55 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIAEDISON 55.28 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 14.90 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 100.72 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.63 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.21 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 110.71 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 78.41 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.63 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 12.36 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 16.00 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 6L7t AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 88.60 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 14.23 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 22.02 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 23,062.81 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.63 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 9L10 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 16.18 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.Q4 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 55.55 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 5L10 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 6,287.50 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 51.80 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 108.23 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 16.66 /6 User: KFINCHER - Karen Fincher Page: 10 Current Date: 1O/26/20C Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:35:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/12/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 178.67 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 25.84 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.04 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 89.13 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 73.00 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 131.81 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 16.48 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 555.87 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 72.36 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 16.12 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.63 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 14.22 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 14.22 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.53 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 444.06 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 14.57 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.17 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.63 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 47.99 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 29.63 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 55.73 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 219.08 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 14.58 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 234.46 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 127.05 AP'- 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 16.06 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 196.77 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 33.31 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 62.38 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 114.63 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 17.78 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 14.57 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 39.Q4 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 14.93 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 14.57 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 157.78 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 8,552.58 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 104.74 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 127.55 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 19.08 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 14.23 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 47.81 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.16 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.51 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 26.04 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 305.95 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 29.14 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 20.73 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 15.17 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 40.13 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 17.14 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 16.30 AP - 00228927 10/12/2005 SOUTHERN CALIFORNIA EDISON 127.83 It User: KFINCHER - Ka,en Fincher Page: 11 Current Date: 1O/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Registe, Po,t,a!t Layout Time: 13:35:2 CITY OF RANCHO CUCAMONGA Al!:enda Check RCl!:ister 10/12/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP - 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00228939 10/12/2005 TANGRAM INTERIORS -1,030.27 AP - 00228940 10/12/2005 TECH DEPOT 453.63 AP - 00228940 10/12/2005 TECH DEPOT 1,199.26 AP - 00228941 10/12/2005 TELEWORKS 20,650.00 AP - 00228943 10/12/2005 TERRA LINDA PROPERTIES LLC 125.76 AP - 00228944 10/12/2005 TERRY, DONNA 327.25 AP - 00228945 10/12/2005 THEWES, KRISTINE 405.00 AP - 00228946 10/12/2005 THOMAS, KIMBERLY 30.38 AP - 00228946 10/12/2005 THOMAS, KIMBERLY 117.37 AP - 00228946 10/12/2005 THOMAS, KIMBERLY 10.17 AP - 00228947 10/12/2005 TOXGUARD 403.09 AP - 00228948 10/12/2005 TRICOCHE, CAROL 200.00 AP - 00228949 10/12/2005 TRUGREEN LANDCARE 173.83 AP - 00228949 10/12/2005 TRUGREEN LANDCARE 94.45 AP - 00228949 10/12/2005 TRUGREEN LANDCARE 56.82 AP - 00228949 10/12/2005 TRUGREEN LANDCARE 2,552.06 AP - 00228949 10/12/2005 TRUGREEN LANDCARE 1,722.70 AP - 00228949 10/12/2005 TRUGREEN LANDCARE 1.576.79 AP - 00228949 10/12/2005 TRUGREEN LANDCARE 371.79 AP - 00228949 10/12/2005 TRUGREEN LANDCARE 1,440.32 AP - 00228949 10/12/2005 TRUGREEN LANDCARE 3,355.26 AP - 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00228956 10/12/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR p, 33,525.32 AP - 00228957 10/12/2005 UNITED WAY 46.00 AP - 00228958 10/12/2005 UPLAND MUSIC SCHOOL 1,834.00 AP - 00228959 10/12/2005 UPLAND TENNIS CLUB 2,160.00 AP - 00228960 10/12/2005 UPSCO POWERSAFE SYSTEMS INC 3,450.00 AP - 00228961 10/12/2005 UPS 23.32 AP - 00228961 10/12/2005 UPS 21.00 AP - 00228964 10/12/2005 VERIZON 58.54 AP - 00228964 10/12/2005 VERIZON 44.12 AP - 00228964 10/12/2005 VERIZON 29.26 AP - 00228964 10/12/2005 VERIZON 123.84 AP - 00228964 10/12/2005 VERIZON 90.56 AP - 00228964 10/12/2005 VERIZON 28.30 AP - 00228964 10/12/2005 VERIZON 28.30 AP - 00228964 10/12/2005 VERIZON 59.61 AP - 00228964 10/12/2005 VERIZON 90.56 AP - 00228964 10/12/2005 VERIZON 90.56 AP - 00228964 10/12/2005 VERIZON 90.56 AP - 00228964 10/12/2005 VERIZON 90.56 AP - 00228964 10/12/2005 VERIZON 29.30 AP - 00228964 10/12/2005 VERIZON 90.56 AP - 00228964 10/12/2005 VERIZON 90.56 AP - 00228964 10/12/2005 VERIZON 574.95 AP - 00228964 10/12/2005 VERIZON 29.26 AP - 00228964 10/12/2005 VERIZON 90.56 AP - 00228964 10/12/2005 VERIZON 29.26 AP - 00228964 10/12/2005 VERIZON 29.26 AP - 00228964 10/12/2005 VERIZON 148.21 AP - 00228964 10/12/2005 VERIZON 1,247.95 AP - 00228964 10112/2005 VERIZON 158.73 AP - 00228965 10112/2005 VERIZON 300.24 AP - 00228966 10/12/2005 VILLAGE NURSERIES 697.24 AP - 00228967 10112/2005 VIRTUAL PROJECT MANAGER INC 500.00 AP - 00228967 10/12/2005 VIRTUAL PROJECT MANAGER INC 500.00 AP - 00228969 10/12/2005 VONS EMPLOYEE ASSOCIATION 400.00 AP - 00228970 10/12/2005 WAND W STEEL COMPANY 19,947.96 AP - 00228970 10/12/2005 WAND W STEEL COMPANY -815.88 AP - 00228970 10/12/2005 WAND W STEEL COMPANY -1,994.80 AP - 00228970 10/12/2005 WAND W STEEL COMPANY 8,158.71 AP - 00228973 10/12/2005 WALTERS WHOLESALE ELECTRIC CO 199.88 AP - 00228973 10/12/2005 WALTERS WHOLESALE ELECTRIC CO 40.35 AP - 00228973 10/12/2005 WALTERS WHOLESALE ELECTRIC CO 71.81 AP - 00228973 10/12/2005 WALTERS WHOLESALE ELECTRIC CO 52.76 AP - 00228973 10/12/2005 WALTERS WHOLESALE ELECTRIC CO 108.80 AP - 00228973 10/12/2005 WALTERS WHOLESALE ELECTRIC CO 301.70 AP - 00228974 10/12/2005 WALTON CONSTRUCTION COMPANY 500.00 AP - 00228975 10/12/2005 WATER OF LIFE COMMUNITY CHURCH 545.00 AP - 00228975 10/12/2005 WATER OF LIFE COMMUNITY CHURCH 2,500.00 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 195.11 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 126.41 AP - 00228977 10/12/2005 WAXIE SANITARY SUPPLY 730.37 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 435.83 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 69.39 If User: KFINCHER - Karen Finche, Page: 14 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Registe, Portrait Layout Time: 13:35:2 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/12/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 627.88 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 16.81 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 88.79 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 930.09 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY -25.56 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 656.15 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 267.22 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 12.12 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 469.90 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 2,216.68 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 725.31 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 259.38 AP - 00228977 10/12/2005 W AXlE SANITARY SUPPLY 105.06 AP - 00228977 10112/2005 W AXlE SANITARY SUPPLY 117.44 AP - 00228978 10/12/2005 WELLS FARGO BANK 1,750.00 AP - 00228978 10/12/2005 WELLS FARGO BANK 1,750.00 AP - 00228979 10/12/2005 WFS FINANCIAL 2,131.00 AP - 00228980 10/12/2005 WILLIAMS, MARILYN 372.00 AP - 00228981 10/12/2005 WILSON AND BELL 849.67 AP - 00228982 10/12/2005 WSA US GUARDS CO INC 7,385.68 AP - 00228982 10/12/2005 WSA US GUARDS CO INC 1,800.15 AP - 00228982 10/12/2005 WSA US GUARDS CO INC 2,971.04 AP - 00228982 10/12/2005 WSA US GUARDS CO INC 6,298.63 AP - 00228984 10/12/2005 YEE, LARRY 16.00 AP - 00228985 10/12/2005 ZAILO, ROBERT 201.60 AP - 00228985 10/12/2005 ZAILO, ROBERT 86.40 AP - 00228986 10/1912005 ABC LOCKSMITHS 36.16 AP - 00228986 10/19/2005 ABC LOCKSMITHS 10.00 AP - 00228986 10/19/2005 ABC LOCKSMITHS 72.50 AP - 00228986 10/19/2005 ABC LOCKSMITHS 10.78 AP - 00228986 10/19/2005 ABC LOCKSMITHS 62.50 AP - 00228987 10/19/2005 ABLAC 298.44 AP - 00228989 10/19/2005 ACH MECHANICAL CONTRACTORS INC 98,752.56 AP - 00228989 10/19/2005 ACH MECHANICAL CONTRACTORS INC 35,646.11 AP - 00228989 10/19/2005 ACH MECHANICAL CONTRACTORS INC 15,192.70 AP - 00228989 10/19/2005 ACH MECHANICAL CONTRACTORS INC -9,875.26 AP - 00228989 10/19/2005 ACH MECHANICAL CONTRACTORS INC -1,519.27 AP - 00228989 10/19/2005 ACH MECHANICAL CONTRACTORS INC -3,564.61 AP - 00228990 10/19/2005 ACTION IMAGES 1,325.33 AP - 00228991 10/19/2005 ACUTINT AND GRAPHICS . 115.00 AP - 00228992 10/19/2005 ADAMSON, RONALD 1,188.00 AP - 00228993 10/19/2005 ADOBE ANIMAL HOSPITAL 200.00 AP - 00228994 10/19/2005 AFLAC 1,068.44 AP - 00228995 10/19/2005 AGUILAR, MARIELENA 90.00 AP - 00228996 10/19/2005 AGUIRRE, PARIS 700.00 AP - 00228998 10/19/2005 ALL CITY MANAGEMENT SERVICES 7,519.00 AP - 00228998 10/19/2005 ALL CITY MANAGEMENT SERVICES 12,286.89 AP - 00228999 10/19/2005 ALL STAR RAINGUTTERS 744.50 AP - 00229000 10/19/2005 ALPERT PRINTING 1,202.49 AP - 00229000 10/19/2005 ALPERT PRINTING 0.42 AP - 00229001 10/19/2005 ALPHA GRAPHICS 354.07 AP - 00229002 10/19/2005 ALTALOMA I AND II JOINT VENTURE 104,769.52 AP - 00229003 10/19/2005 AL T A LOMA PSYCHOLOGICAL ASSOCIATES 3,750.00 1-0 User: KFINCHER - Ka,en Fincher Page: 15 Current Date: 1O/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Port,ait Layout Time: 13:35:2 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/12/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP - 00229004 10/19/2005 AMERICAN ASPHALT SOUTH INC 208,000.00 AP - 00229004 10/19/2005 AMERICAN ASPHALT SOUTH INC 133,601.66 AP - 00229004 10/19/2005 AMERICAN ASPHALT SOUTH INC -20,800.00 AP - 00229004 10/19/2005 AMERICAN ASPHALT SOUTH INC -13,360.17 AP - 00229007 10/19/2005 AMTECH ELEVATOR SERVICES 195.97 AP - 00229008 10/19/2005 ANDRADE, LAINI 11.16 AP - 00229009 10/19/2005 ANTIMITE 250.00 AP - 00229010 10/19/2005 ARCH WIRELESS 1,006.21 AP - 00229011 10/19/2005 ARCHlTERRA DESIGN GROUP 1,008.00 AP - 00229011 10/1912005 ARCHlTERRA DESIGN GROUP 6,525.00 AP - 00229012 10/19/2005 ARROWHEAD CREDIT UNION 180.92 AP - 00229012 10/19/2005 ARROWHEAD CREDIT UNION 1,064.49 AP - 00229012 10/19/2005 ARROWHEAD CREDIT UNION 116.90 AP - 00229012 10/19/2005 ARROWHEAD CREDIT UNION 116.90 AP - 00229012 10/19/2005 ARROWHEAD CREDIT UNION 397.23 AP - 00229012 10/19/2005 ARROWHEAD CREDIT UNION 25.00 AP - 00229012 10/19/2005 ARROWHEAD CREDIT UNION 652.75 AP - 00229012 10/19/2005 ARROWHEAD CREDIT UNION 191.90 AP - 00229012 10/1912005 ARROWHEAD CREDIT UNION 221.90 AP - 00229012 10/19/2005 ARROWHEAD CREDIT UNION 404.80 AP - 00229013 10/19/2005 AT AND T 154.88 AP - 00229014 10/19/2005 A V ANTS, MARGE 180.00 AP - 00229015 10/19/2005 BAND K ELECTRIC WHOLESALE 61.01 AP - 00229015 10/19/2005 B AND K ELECTRIC WHOLESALE 68.13 AP - 00229015 10/19/2005 B AND K ELECTRIC WHOLESALE 505.08 AP - 00229015 10/19/2005 B AND K ELECTRIC WHOLESALE 204.73 AP - 00229015 10/19/2005 B AND K ELECTRIC WHOLESALE 136.35 AP - 00229016 10/19/2005 BABER, TAYYABA 49.00 AP - 00229017 10/19/2005 BARNES, BESSIE 71.00 AP - 00229018 10/19/2005 BAUTISTA, CAROLINE 100.00 AP - 00229019 10/19/2005 BEST BEST AND KRIEGER 9,375.00 AP - 00229021 10/19/2005 BLANCO, MARK 325.00 AP - 00229022 10/19/2005 BRICKEN AND ASSOCIATES, GORDON 1,200.00 AP - 00229023 10/19/2005 BURR CYCLES INC, JOHN 498.65 AP - 00229024 10/19/2005 BUSAM, JUDY 60.00 AP - 00229025 10/19/2005 BUTSKO UTILITY DESIGN INC 2,248.34 AP - 00229026 10/19/2005 BUTSKO UTILITY DESIGN INC 1,025.00 AP - 00229028 10/19/2005 CALIFORNIA CHIP SEAL ASSOCIATION 99.00 AP - 00229031 10/19/2005 CALIFORNIA, STATE OF 22.50 AP - 00229032 10/19/2005 CALIFORNIA, STATE OF 37.50 AP - 00229033 10/19/2005 CALIFORNIA, STATE OF 25.25 AP - 00229033 10/19/2005 CALIFORNIA, STATE OF 31.25 AP - 00229033 10/19/2005 CALIFORNIA, STATE OF 30.03 AP - 00229033 10/19/2005 CALIFORNIA, STATE OF 19.25 AP - 00229033 10/19/2005 CALIFORNIA, STATE OF 89.00 AP - 00229033 10/19/2005 CALIFORNIA, STATE OF 26.23 AP - 00229033 10/19/2005 CALIFORNIA, STATE OF 34.44 AP - 00229034 10/19/2005 CALIFORNIA, STATE OF 3,104.00 AP - 00229034 10/19/2005 CALIFORNIA, STATE OF 3,168.00 AP - 00229034 10/19/2005 CALIFORNIA, STATE OF 771.00 AP - 00229034 10/19/2005 CALIFORNIA, STATE OF 14.00 AP - 00229034 10/19/2005 CALIFORNIA, STATE OF 676.00 AP - 00229034 10/19/2005 CALIFORNIA, STATE OF 2,688.00 It. User: KFINCHER - Ka,en Fincher Page: 16 Current Date: 10/26/20C Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Registe, Po,t,ait Layout Time: 13:35:2 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/12/2005 through 10/2512005 Check No. Check Date Vendor Name Amount AP - 00229034 10/19/2005 CALIFORNIA, STATE OF 32.00 AP - 00229034 10/1912005 CALIFORNIA, ST ATE OF 1,415.00 AP - 00229035 10/1912005 CALIFORNIA, STATE OF 443.69 AP - 00229036 10/1912005 CENTENO, ROCIO 250.00 AP - 00229037 10/1912005 CENTEX HOMES 64,231.86 AP - 00229038 10/19/2005 CHAFFEY JOINT UNION HS DISTRICT 7,694.30 AP - 00229039 10/19/2005 CHAMPION AWARDS AND SPECIALIES 12.93 AP - 00229040 10/19/2005 CHARTER MEDIA INC 753.60 AP - 00229040 10/1912005 CHARTER MEDIA INC 1,140.80 AP - 00229040 10/1912005 CHARTER MEDIA INC 313.60 AP - 00229041 10/1912005 CHOICE POINT BUSINESS AND GOVERNMENT : 42.50 AP - 00229042 10/1912005 CLARKE PLUMBING SPECIALTIES INC 19.65 AP - 00229043 10/1912005 COMMUNITY BANK 58,759.73 AP - 00229043 10/19/2005 COMMUNITY BANK 1,615.66 AP - 00229044 10/1912005 CORAL POWER 25,188.08 AP - 00229046 10/1912005 CORNEJO, JESSICA 57.00 AP - 00229048 10/1912005 COURT TRUSTEE 200.00 AP - 00229049 10/19/2005 COURT TRUSTEE 118.50 AP - 00229050 10/19/2005 CPSRPTC 299.00 AP - 00229051 10/19/2005 CREATIVE MANAGEMENT SOLUTIONS 2,500.00 AP - 00229052 10/19/2005 CSMFO 100.00 AP - 00229053 10/19/2005 CUCAMONGA VALLEY WATER DISTRICT 138.08 AP - 00229053 10/19/2005 CUCAMONGA V ALLEY WATER DISTRICT 489.08 AP - 00229053 10/1912005 CUCAMONGA V ALLEY WATER DISTRICT 74.48 AP - 00229053 10/1912005 CUCAMONGA V ALLEY WATER DISTRICT 88.88 AP - 00229053 10/1912005 CUCAMONGA V ALLEY WATER DISTRICT 288.08 AP - 00229053 10/19/2005 CUCAMONGA VALLEY WATER DISTRICT 204.98 AP - 00229053 10/19/2005 CUCAMONGA VALLEY WATER DISTRICT 120.08 AP - 00229053 10/19/2005 CUCAMONGA V ALLEY WATER DISTRICT 547.88 AP - 00229053 10/1912005 CUCAMONGA V ALLEY WATER DISTRICT 472.88 AP - 00229053 10/1912005 CUCAMONGA V ALLEY WATER DISTRICT 214.28 AP - 00229053 10/1912005 CUCAMONGA V ALLEY WATER DISTRICT 229.28 AP - 00229053 10/1912005 CUCAMONGA V ALLEY WATER DISTRICT . 1,128.68 AP - 00229053 10/19/2005 CUCAMONGA V ALLEY WATER DISTRICT 89.68 AP - 00229053 10/1912005 CUCAMONGA V ALLEY WATER DISTRICT 57.72 AP - 00229053 10/19/2005 CUCAMONGA VALLEY WATER DISTRICT 93.08 AP - 00229053 10/1912005 CUCAMONGA V ALLEY WATER DISTRICT 172.88 AP - 00229053 10/19/2005 CUCAMONGA V ALLEY WATER DISTRICT 234.08 AP - 00229053 10/1912005 CUCAMONGA V ALLEY WATER DISTRICT 2,858.23 AP - 00229054 10/19/2005 CUCAMONGA VENTURES 3,800.00 AP - 00229055 10/1912005 CYBERCOM RESOURCES INC 3,675.00 AP - 00229055 10/1912005 CYBERCOM RESOURCES INC 350.00 AP - 00229055 10/19/2005 CYBERCOM RESOURCES INC 700.00 AP - 00229057 10/19/2005 DEJESUS, ANA 62.61 AP - 00229058 10/19/2005 DIRECTV 29.99 AP - 00229059 10/19/2005 DYNASTY SCREEN PRINTING 2,275.68 AP - 00229062 10/19/2005 EMBASSY SUITES HOTEL 256.45 AP - 00229063 10/19/2005 EMERGENCY MEDICAL PRODUCTS 181.02 AP - 00229063 10/19/2005 EMERGENCY MEDICAL PRODUCTS 724.08 AP - 00229064 10/19/2005 EMPIRE MOBILE HOME SERVICE 3,850.00 AP - 00229065 10/1912005 EVENHUIS, DERK 250.00 AP - 00229066 10/1912005 EXCLUSIVE EMAGES 77.58 AP - 00229066 10/19/2005 EXCLUSIVE EMAGES 226.28 /7 User: KFINCHER - Karen Finche, Page: 17 Current Date: 10/26/20C Report:CK~AGENDA_REG_PORTRAlT_RC - CK: Agenda Check Register Portrait Layout Time: 13:35:2 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/12/2005 through 10/2512005 Check No. Check Date Vendor Name Amount AP - 00229067 10/19/2005 EXPERIAN 50.24 AP - 00229068 10/19/2005 FEDERAL EXPRESS CORP 27.06 AP - 00229068 10/19/2005 FEDERAL EXPRESS CORP 14.49 AP - 00229068 10/1912005 FEDERAL EXPRESS CORP 11.90 AP - 00229068 10/19/2005 FEDERAL EXPRESS CORP 13.88 AP - 00229069 10/19/2005 FIELDMAN ROLAPP AND ASSOCIATES 6,401.64 AP - 00229070 10/1912005 FILTER RECYCLING SERVICE INC 267.75 AP - 00229071 10/19/2005 FINESSE PERSONNEL ASSOCIATES 1,417.14 AP - 00229071 10/1912005 FINESSE PERSONNEL ASSOCIATES 702.00 AP - 00229071 10/1912005 FINESSE PERSONNEL ASSOCIATES 694.40 AP - 00229071 10/1912005 FINESSE PERSONNEL ASSOCIATES 486.20 AP - 00229071 10/19/2005 FINESSE PERSONNEL ASSOCIATES 208.20 AP - 00229071 10/19/2005 FINESSE PERSONNEL ASSOCIATES 954.00 AP - 00229071 10/19/2005 FINESSE PERSONNEL ASSOCIATES 1,890.72 AP - 00229071 10/19/2005 FINESSE PERSONNEL ASSOCIATES 694.40 AP - 00229071 10/19/2005 FINESSE PERSONNEL ASSOCIATES 520.80 AP - 00229071 10/1912005 FINESSE PERSONNEL ASSOCIATES 900.00 AP - 00229071 10/1912005 FINESSE PERSONNEL ASSOCIATES 1,386.00 AP - 00229071 10/19/2005 FINESSE PERSONNEL ASSOCIATES 612.00 AP - 00229073 10/19/2005 FIRST CENTENNIAL BANK 9,875.26 AP - 00229073 10/19/2005 FIRST CENTENNIAL BANK 3,564.61 AP - 00229073 10/19/2005 FIRST CENTENNIAL BANK 1,519.26 AP - 00229074 10/19/2005 FIRST HOTEL INVESTMENT CORPORATION 60,885.86 AP - 00229075 10/1912005 FIRST PLACE TROPHIES 905.91 AP - 00229076 10/19/2005 FISHER SCIENTIFIC 138.25 AP - 00229077 10/19/2005 FORD OF UPLAND INC 3.99 AP - 00229079 10/19/2005 G AND M BUSINESS INTERIORS 844.76 AP - 00229080 10/19/2005 GARDNER MEDICAL SPECIALTIES 30.00 AP - 00229081 10/19/2005 GOINGS, JERRY 5.00 AP - 00229082 10/19/2005 GOVERNMENT FINANCE OFFICERS ASSOCIATI 820.00 AP - 00229083 10/19/2005 GRAINGER 311.40 AP - 00229084 10/19/2005 HAAKER EQUIPMENT CO 855.61 AP - 00229085 10/19/2005 HAKIMI, SUSAN 279.00 AP - 00229086 10/19/2005 HIX DEVELOPMENT 158,772.15 AP - 00229086 10/1912005 HIX DEVELOPMENT 76,110.21 AP - 00229088 10/1912005 HOSE MAN INC 248.30 AP - 00229089 10/1912005 HOT LOOKS REAL OUTLET INC. 24.68 AP - 00229090 10/1912005 HOT SHOTS ATHLETIC APPAREL INC 277.66 AP - 00229090 10/19/2005 HOT SHOTS ATHLETIC APPAREL INC 3,524.73 AP - 00229091 10/19/2005 HULS ENVIRONMENTAL MGT LLC 8,952.50 AP - 00229091 10/19/2005 HULS ENVIRONMENTAL MGT LLC 9,780.00 AP - 00229091 10/1912005 HULS ENVIRONMENTAL MGT LLC 7,951.25 AP - 00229092 10/19/2005 HURST, CHERYL 288.50 AP - 00229093 10/19/2005 HYDROSCAPEPRODUCTSINC 122.67 AP - 00229093 10/1912005 HYDROSCAPE PRODUCTS INC 8.61 AP - 00229093 10/1912005 HYDROSCAPE PRODUCTS INC 810.77 AP - 00229094 10/19/2005 IBM CORPORATION 493.50 AP - 00229095 10/1912005 IMAGE SOURCE 88.36 AP - 00229097 10/1912005 INDEPENDENT ELECTRONICS 256.50 AP - 00229097 10/19/2005 INDEPENDENT ELECTRONICS 1.197.00 AP - 00229097 10/19/2005 INDEPENDENT ELECTRONICS 1,071.96 AP - 00229098 10/19/2005 INLAND EMPIRE TOURS AND TRANSPORTATIC 3,650.00 AP - 00229098 10/1912005 INLAND EMPIRE TOURS AND TRANSPORT ATIC 698.00 18' User: KFINCHER - Karen Fincher Page: 18 Current Date: 10/26120C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Port,ait Layoul Time: 13:35:2 CITY OF RANCHO CUCAMONGA Al!:enda Check Rel!:ister 10/12/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP - 00229099 10/19/2005 INLAND MEDIATION BOARD 12.50 AP - 00229101 10/1912005 INLAND V ALLEY DAILY BULLETIN 688.80 AP - 0022910 I 10/19/2005 INLAND V ALLEY DAILY BULLETIN 338.40 AP - 00229101 10/1912005 INLAND V ALLEY DAILY BULLETIN 338.40 AP - 00229101 10/19/2005 INLAND VALLEY DAILY BULLETIN 338.40 AP - 00229101 10/19/2005 INLAND V ALLEY DAILY BULLETIN 105.60 AP - 00229101 10/1912005 INLAND VALLEY DAILY BULLETIN 184.80 AP - 00229101 10/1912005 INLAND V ALLEY DAILY BULLETIN 132.00 AP - 00229101 10/19/2005 INLAND VALLEY DAILY BULLETIN 349.20 AP - 00229102 10/1912005 INLAND V ALLEY RV SERVICE & SUPPLIES 344.87 AP - 00229104 10/1912005 INTERSTATE BATTERIES 727.71 AP - 00229104 10/1912005 INTERSTATE BATTERIES 280.66 AP - 00229104 10/1912005 INTERSTATE BATTERIES 1,345.Q2 AP - 00229105 10/19/2005 IRELAND SOUND SYSTEMS 155.00 AP - 00229106 10/1912005 IRON MOUNTAIN OSDP 406.00 AP - 00229107 10/19/2005 JACOBS, BILLIE 66.00 AP - 00229108 10/1912005 JOHNS, JENNIFER 500.00 AP - 00229108 10/1912005 JOHNS, JENNIFER 500.00 AP - 00229109 10/19/2005 JPI LIFESTYLE APARTMENTS COMMUNITES, Ll 2,500.00 AP - 00229111 10/19/2005 KAMENSKY, ED 40.00 AP - 00229112 10/1912005 LANDIN, RON 60.00 AP - 00229113 10/19/2005 LA WRY'S THE PRIME RIB 1,275.00 AP - 00229115 10/19/2005 LEEDS, HELEN 100.00 AP - 00229116 10/1912005 LEGAL DEFENSE FUND 138.00 AP - 00229117 10/1912005 LIEBERT CASSIDY WHITMORE 398.80 AP - 00229117 10/19/2005 LIEBERT CASSIDY WHITMORE 6,612.65 AP - 00229119 10/1912005 LIL STITCH 873.04 AP - 00229120 10/19/2005 LITTLE BEAR PRODUCTIONS 400.00 AP - 00229120 10/19/2005 LITTLE BEAR PRODUCTIONS 200.00 AP - 00229120 10/19/2005 LITTLE BEAR PRODUCTIONS 200.00 AP - 00229122 10/1912005 LOS ANGELES COCA COLA BTL CO 552.89 AP - 00229123 10/19/2005 LOWE'S COMPANIES INC 281.42 AP - 00229123 10/19/2005 LOWE'S COMPANIES INC 505.86 AP - 00229123 10/1912005 LOWE'S COMPANIES INC 586.16 AP - 00229123 10/1912005 LOWE'S COMPANIES INC 212.40 AP - 00229123 10/1912005 LOWE'S COMPANIES INC. 42.59 AP - 00229123 10/1912005 LOWE'S COMPANIES INC. 53.75 AP - 00229123 10/19/2005 LOWE'S COMPANIES INC. 39.80 AP - 00229123 10/19/2005 LOWE'S COMPANIES INC 65.43 AP - 00229123 10/19/2005 LOWE'S COMPANIES INC 316.79 AP - 00229123 10/1912005 LOWE'S COMPANIES INC. 141.69 AP - 00229123 10/1912005 LOWE'S COMPANIES INC. 195.67 AP - 00229123 10/1912005 LOWE'S COMPANIES INC 19.41 AP - 00229123 10/19/2005 LOWE'S COMPANIES INC. 19.30 AP - 00229123 10/1912005 LOWE'S COMPANIES INC 51.67 AP - 00229124 10/1912005 MARIPOSA HORTICULTURAL ENT INC 3,407.42 AP - 00229124 10/1912005 MARIPOSA HORTICULTURAL ENT INC 13,136.59 AP - 00229124 10/1912005 MARIPOSA HORTICULTURAL ENT INC 2,789.17 AP - 00229124 10/19/2005 MARIPOSA HORTICULTURAL ENT INC 1,090.61 AP - 00229124 10/19/2005 MARIPOSA HORTICULTURAL ENT INC 542.19 AP - 00229124 10/19/2005 MARIPOSA HORTICULTURAL ENT INC 803.53 AP - 00229124 10/19/2005 MARIPOSA HORTICULTURAL ENT INC 4,668.58 AP - 00229124 10/19/2005 MARIPOSA HORTICULTURAL ENT INC 6,070.93 [9 User: KFINCHER - Karen Finche, Page: 19 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:35:2 Check No. AP - 00229125 AP - 00229125 AP - 00229125 AP - 00229125 AP - 00229125 AP - 00229125 AP - 00229125 AP - 00229125 AP - 00229125 AP - 00229125 AP - 00229t25 AP - 00229125 AP - 00229125 AP - 00229125 AP - 00229126 AP - 00229126 AP - 00229127 AP - 00229128 AP - 00229129 AP - 00229130 AP - 00229132 AP - 00229133 AP - 00229134 AP - 00229135 AP - 00229136 AP - 00229137 AP - 00229138 AP - 00229140 AP - 00229140 AP - 00229140 AP - 00229140 AP - 00229140 AP - 00229140 AP - 00229140 AP - 00229140 AP - 00229140 AP - 00229140 AP - 00229140 AP - 00229140 AP - 00229140 AP - 00229141 AP - 00229142 AP - 00229142 AP - 00229143 AP - 00229144 AP - 00229146 AP - 00229147 AP - 00229148 AP - 00229148 AP - 00229148 AP - 00229148 AP - 00229148 AP - 00229148 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/12/2005 through 10/25/2005 Check Date Vendor Name Amount 10/19/2005 MARSHALL PLUMBING 10/19/2005 MARSHALL PLUMBING 10/19/2005 MARSHALL PLUMBING 10/19/2005 MARSHALL PLUMBING 10/19/2005 MARSHALL PLUMBING 10/19/2005 MARSHALL PLUMBING 10/19/2005 MARSHALL PLUMBING 10/19/2005 MARSHALL PLUMBING 10/19/2005 MARSHALL PLUMBING 10/19/2005 MARSHALL PLUMBING 10/19/2005 MARSHALL PLUMBING 10/19/2005 MARSHALL PLUMBING 10/19/2005 MARSHALL PLUMBING 10/19/2005 MARSHALL PLUMBING 10/19/2005 MARTINEZ UNION SERVICE 10/19/2005 MARTINEZ UNION SERVICE 10/19/2005 MASTERCRAFT HOMES 10/19/2005 MATUTE, JANET 10/19/2005 MCARDLE, KEVIN 10/19/2005 MEZA, BEVERLY 10/19/2005 MIR, SONIA 10/19/2005 MITCHELLS 10/19/2005 MOBILE MODULAR MANAGEMENT CORP 10/19/2005 MONTE SAN SAVINO LLC 10/19/2005 MORASSE, MELANIE 10/19/2005 MYERS TIRE 10/19/2005 N M A DUES C/O DAVID MCDONALD 10/19/2005 NAPA AUTO PARTS 10/19/2005 NAPA AUTO PARTS 10/19/2005 NAPA AUTO PARTS 10/19/2005 NAPA AUTO PARTS 10/19/2005 NAPA AUTO PARTS 10/19/2005 NAPA AUTO PARTS 10/19/2005 NAPA AUTO PARTS 10/19/2005 NAPA AUTO PARTS 10/19/2005 NAPA AUTO PARTS 10/19/2005 NAPA AUTO PARTS 10/19/2005 NAPA AUTO PARTS 10/19/2005 NAPA AUTO PARTS 10/19/2005 NAPA AUTO PARTS 10/19/2005 NATIONAL DEFERRED 10/19/2005 NATIONAL PEN CORPORATION 10/19/2005 NATIONAL PEN CORPORATION 10/19/2005 NEWPORT PRINTING SYSTEMS 10/19/2005 NINYO AND MOORE GEOTECHNICAL 10/19/2005 NUNEZ, CLAUDIA 10/1912005 OCCUPATIONAL HEALTH CENTERS OF CALIFO 10/19/2005 OFFICE DEPOT 10/19/2005 OFFICE DEPOT 10/19/2005 OFFICE DEPOT 10/19/2005 OFFICE DEPOT 10/19/2005 OFFICE DEPOT 10/19/2005 OFFICE DEPOT 101.00 -25.25 137.75 -34A4 125.00 -31.25 104.90 -26.23 120.10 -30.03 356.00 -89.00 71.00 -19.15 45.00 130.00 138,255.65 40.00 102.98 76.00 143.22 4,560.24 312A8 500.00 250.00 94.17 2.77 237.51 25.50 95.89 7.67 9A9 74.88 -2.86 22.30 49.83 430A6 21.78 -67.24 31.23 28,165.00 67.93 271.98 46.39 2,038.50 100.00 47.60 3,247.59 196A6 lOA 1 90.62 46AO IOA1~ Current Date: 1O/26/20C TIme: 13:35:2 User: KFINCHER - Ka,en Fincher Page: 20 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Port,ail Layout CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/12/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP - 00229148 10/19/2005 OFFICE DEPOT 517.17 AP - 00229148 10/19/2005 OFFICE DEPOT 172.39 AP - 00229148 10/19/2005 OFFICE DEPOT 276.22 AP - 00229148 10/19/2005 OFFICE DEPOT 36.10 AP - 00229148 10/19/2005 OFFICE DEPOT 387.88 AP - 00229148 10/19/2005 OFFICE DEPOT 349.65 AP - 00229148 10/19/2005 OFFICE DEPOT 42.35 AP - 00229148 10/19/2005 OFFICE DEPOT 25.79 AP - 00229148 10/19/2005 OFFICE DEPOT 582.62 AP - 00229148 10/19/2005 OFFICE DEPOT 35.41 AP - 00229148 10/19/2005 OFFICE DEPOT 31.97 AP - 00229148 10/19/2005 OFFICE DEPOT 69.16 AP - 00229148 10/19/2005 OFFICE DEPOT 7.93 AP - 00229148 10/19/2005 OFFICE DEPOT 457.43 AP - 00229148 10/19/2005 OFFICE DEPOT 179.85 AP - 00229148 10/19/2005 OFFICE DEPOT 551.66 AP - 00229148 10/19/2005 OFFICE DEPOT 14.44 AP - 00229148 10/19/2005 OFFICE DEPOT 22.83 AP - 00229148 10/19/2005 OFFICE DEPOT 76.99 AP - 00229148 10/19/2005 OFFICE DEPOT 97.86 AP - 00229148 10/19/2005 OFFICE DEPOT 21.21 AP - 00229149 10/19/2005 OFFICE MAX CONTRACT INC 413.11 AP - 00229149 10/19/2005 OFFICE MAX CONTRACT INC 927.19 AP - 00229150 10/19/2005 ONESOURCE DISTRIBUTORS INC. 664.69 AP - 00229152 10/19/2005 ORCHARD SUPPLY HARDWARE 11.07 AP - 00229152 10/19/2005 ORCHARD SUPPLY HARDW ARE 17754 AP - 00229152 10/19/2005 ORCHARD SUPPLY HARDWARE 6.32 AP - 00229152 10/19/2005 ORCHARD SUPPLY HARDWARE 23.69 AP - 00229152 10/19/2005 ORCHARD SUPPLY HARDWARE 211.48 AP - 00229152 10/19/2005 ORCHARD SUPPLY HARDWARE 112 .37 AP - 00229152 10/19/2005 ORCHARD SUPPLY HARDWARE 12.92 AP - 00229152 10/19/2005 ORCHARD SUPPLY HARDWARE 234.84 AP - 00229152 10/19/2005 ORCHARD SUPPLY HARDWARE 34.44 AP - 00229152 10/19/2005 ORCHARD SUPPLY HARDWARE 16.78 AP - 00229152 10/19/2005 ORCHARD SUPPLY HARDWARE 54.87 AP - 00229152 10/19/2005 ORCHARD SUPPLY HARDWARE 49.04 AP - 00229152 10/19/2005 ORCHARD SUPPLY HARDWARE 6.99 AP - 00229153 10/19/2005 ORTIZ, JULIE 62.00 AP - 00229154 10/19/2005 OWEN ELECTRIC 116.65 AP - 00229154 10/19/2005 OWEN ELECTRIC 686.12 AP - 00229154 10/19/2005 OWEN ELECTRIC 620.00 AP - 00229154 10/19/2005 OWEN ELECTRIC 166.23 AP - 00229154 10/19/2005 OWEN ELECTRIC 367.13 AP - 00229154 10/19/2005 OWEN ELECTRIC 654.69 AP - 00229155 10/19/2005 PACIFICARE OF CALIFORNIA 46,365.73 AP - 00229156 10/19/2005 PAL CAMPAIGN 147.23 AP - 00229157 10/19/2005 PALOS,BERNADETTE 18.00 AP - 00229158 10/19/2005 PANDA DEVELOPMENT AND CONSTRUCTION ( 56,140.64 AP - 00229159 10/19/2005 PANDA DEVELOPMENT 44,089.38 AP - 00229160 10/19/2005 PATTON SALES CORP 56.03 AP - 00229160 10/19/2005 PATTON SALES CORP 1,248.24 AP - 00229160 10/19/2005 PATTON SALES CORP -242.87 AP - 00229162 10/19/2005 PERRIN, JOELLE 68.00 ;)./ User: KFINCHER - Karen Finche, Page: 21 Current Date: 1O/26/20C Report:CK_AGENDA_REG_PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Time: 13:35:2 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/1212005 Ihrough 10/25/2005 Check No. Check Date Vendor Name Amount AP - 00229t62 10/19/2005 PERRIN, JOELLE 20.00 AP - 00229163 10/19/2005 PERVO PAINT CO 172.40 AP - 00229164 10/1912005 PETES ROAD SERVICE INC 114.50 AP - 00229164 10/1912005 PETES ROAD SERVICE INC -35.40 AP - 00229165 10/19/2005 PETPRO PRODUCTS INC 350.52 AP - 00229166 10/19/2005 PHOENIX GROUP INFORMATION SYSTEMS 308.13 AP - 00229167 10/1912005 POMA DISTRIBUTING CO 20,205.4 1 AP - 00229168 10/19/2005 POMONA PRINT STOP 102.36 AP - 00229169 10/19/2005 PRAXAIR DISTRIBUTION INC 27.27 AP - 00229169 10/1912005 PRAXAIR DISTRIBUTION INC 289.42 AP - 00229169 10/1912005 PRAXAIR DISTRIBUTION INC 123.37 AP - 00229169 10/19/2005 PRAXAIR DISTRIBUTION INC 89.45 AP - 00229170 10/19/2005 PRE-PAID LEGAL SERVICES INC 108.96 AP - 00229172 10/19/2005 QUINT ANA, ZIT A 193.00 AP - 00229173 10/1912005 QWEST 1.89 AP - 00229173 10/1912005 QWEST 0.70 AP - 00229174 10/1912005 RAND R LIGHTING 20.22 AP - 00229175 10/1912005 RAMIREZ, ARIANA 57.00 AP - 00229177 10/19/2005 RANCHO CUCAMONGA PUBLIC LIBRARY FOm 5.00 AP - 00229178 10/1912005 RANCHO CUCAMONGA, CITY OF 29.75 AP - 00229180 10/1912005 RBM LOCK AND KEY SERVICE 12.t2 AP - 00229180 10/19/2005 RBM LOCK AND KEY SERVICE 6.47 AP - 00229181 10/19/2005 RED WING SHOE STORE 150.00 AP - 00229181 10/1912005 RED WING SHOE STORE 100.73 AP - 00229182 10/1912005 REINHARDTSEN, DEBRA 282.50 AP - 00229183 10/1912005 REYES, NICOLE 126.67 AP - 00229184 10/19/2005 RICHARDS WATSON AND GERSHON 30.00 ~ - 00229185 10/19/2005 RIVERSIDE CO DEPT CHILD SUPPORT 250.00 AP - 00229186 10119/2005 RIVERSIDE CONSTRUCTION COMPANY 587,597.31 AP - 00229186 10119/2005 RIVERSIDE CONSTRUCTION COMPANY 16,156.66 AP - 00229186 1011912005 RIVERSIDE CONSTRUCTION COMPANY -58,759.73 AP - 00229186 10/1912005 RIVERSIDE CONSTRUCTION COMPANY -1,615.66 AP - 00229187 10/1912005 RKW DEVELOPMENT CORP 1,370.00 AP - 00229188 10/1912005 ROADWAY ENGINEERING INC 75,392.00 AP - 00229188 10/19/2005 ROADWAY ENGINEERING INC -7,539.20 AP - 00229189 10/19/2005 ROBERTS, ELIZABETH 73.D4 AP - 00229190 10/1912005 RODRIQUEZ, MARY 60.00 AP - 00229192 10/19/2005 SAFE KIDS CAMPAIGN 60.00 AP - 00229193 10/1912005 SAFETYBELTSAFE USA 82.75 AP - 00229194 1011912005 SALVATIERRA, RAQUEL 100.00 AP - 00229195 101t9/2005 SAMPOGNARO, KIM 67.83 AP - 00229197 10/19/2005 SAN BERNARDINO COUNTY 96.43 AP - 00229198 10/19/2005 SAN BERNARDINO CTY CENTRAL MICROFILM 29.03 AP - 00229199 10/19/2005 SAN BERNARDINO CTY CHILD SUPPORT PA YM 213.50 AP - 00229200 10/19/2005 SAN BERNARDINO CTY CHILD SUPPORT PA YM 322.50 AP - 00229201 10/1912005 SAN BERNARDINO CTY CHILD SUPPORT PA YM 408.00 AP - 00229202 10/1912005 SAN BERNARDINO CTY SHERIFFS DEPT 1,585,215.50 AP - 00229202 10/1912005 SAN BERNARDINO CTY SHERIFFS DEPT 17.570.00 AP - 00229202 10/19/2005 SAN BERNARDINO CTY SHERIFFS DEPT 13,642.50 AP - 00229203 10/19/2005 SANDOVAL, RAUL 75.00 AP - 00229204 10/19/2005 SBC 3,080.55 AP - 00229205 10/1912005 SCOTT, DIANA 500.00 AP - 00229206 10/19/2005 SEATTLE CHILDRENS THEATRE 272.80 ~ User: KFINCHER - Karen Fincher Page: 22 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAlT_RC - CK: Agenda Check Register Portrait Layout Time: 13:35:2 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/12/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP . 00229207 10/19/2005 SHANKS, TERRY 79.00 AP . 00229208 10/19/2005 SHOETERIA 58.17 AP - 00229209 10/19/2005 SlL VER, EDNA 360.00 AP.OO22921O 10/19/2005 SlL VIA CONSTRUCTION INC 15,119.29 AP . 00229211 10/19/2005 SIMPLOT PARTNERS 1,413.46 AP . 00229211 10/19/2005 SIMPLOT PARTNERS 30.00 AP.00229212 10/19/2005 SINGH, HARLEEN 5.22 AP.00229213 10/19/2005 SIR SPEEDY 10.78 AP.00229214 10/19/2005 SLUKA, SUSAN 407.94 AP.00229215 10/19/2005 SO CALIF GAS COMPANY 100.89 AP - 00229215 10/1912005 SO CALIF GAS COMPANY 821.58 AP - 00229215 10/19/2005 SO CALIF GAS COMPANY 2,281.59 AP.00229215 10/19/2005 SO CALIF GAS COMPANY 66.76 AP.00229215 10/19/2005 SO CALIF GAS COMPANY 2,423.48 AP.00229215 10/19/2005 SO CALIF GAS COMPANY 247.17 AP.00229215 10/19/2005 SO CALIF GAS COMPANY 324.92 AP - 00229216 10/19/2005 SOCIAL VOCATIONAL SERVICES 500.00 AP.00229216 10/19/2005 SOCIAL VOCATIONAL SERVICES 1,368.40 AP.00229216 10/19/2005 SOCIAL VOCATIONAL SERVICES 427.36 AP.00229216 10/19/2005 SOCIAL VOCATIONAL SERVICES 213.68 AP.00229216 10/19/2005 SOCIAL VOCATIONAL SERVICES 1,282.08 AP.00229216 10/19/2005 SOCIAL VOCATIONAL SERVICES 213.68 AP.00229216 10/19/2005 SOCIAL VOCATIONAL SERVICES 400.00 AP - 00229216 10/19/2005 SOCIAL VOCATIONAL SERVICES 300.00 AP.00229216 10/19/2005 SOCIAL VOCATIONAL SERVICES 300.00 AP.00229216 10/19/2005 SOCIAL VOCATIONAL SERVICES 1,087.50 AP.00229216 10/19/2005 SOCIAL VOCATIONAL SERVICES 1,012.50 AP.00229216 10/19/2005 SOCIAL VOCATIONAL SERVICES 200.00 AP.00229216 10/19/2005 SOCIAL VOCATIONAL SERVICES 213.68 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 15.51 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 2.57 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 144.58 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 87.35 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 149.32 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 9LlO AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 1.30 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 933.23 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 85.37 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 3.09 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 15.04 AP . 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 25.60 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 22.85 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 35.32 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 56.66 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 73.91 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 23.80 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 25.Q2 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 15.51 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 54.24 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 20.91 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 20.92 AP.00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 16.36 AP . 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 3.82 ;)3 User: KFINCHER . Karen Finche, Page: 23 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC. CK: Agenda Check Register Portrait Layout Time: 13:35:2 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 10/12/2005 through 10/25/2005 Check No. Check Date Vendor Name Amount AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 15.88 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 72.24 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 15.51 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 15.51 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 16.65 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 128.54 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 15.04 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 16.65 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 15.04 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 12.37 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 100.49 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 4.29 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 59.91 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 15.04 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 91.23 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 9.71 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 16.53 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 34.54 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 15.68 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 73.50 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 46.44 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 114.61 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 16.53 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 16.53 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 15.04 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 16.06 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 15.41 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 1,104.40 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 1,989.83 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 36.68 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 24.04 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 26.00 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 25.86 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 35.87 AP - 002292 I 9 10/19/2005 SOUTHERN CALIFORNIA EDISON 71.38 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 18.94 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 16.06 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 18.92 AP - 00229219 10/ I 9/2005 SOUTHERN CALIFORNIA EDISON 71.36 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 251.81 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 90.23 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 54.16 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 95.34 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 21.70 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 61.80 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 15.04 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 15.51 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 684.04 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 179.22 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 4.16 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 207.00 AP - 00229219 10/19/2005 SOUTHERN CALIFORNIA EDISON 94.96 AP - 002292 I 9 10/19/2005 SOUTHERN CALIFORNIA EDISON 57.62 )tI User: KFINCHER - Karen Fincher Page: 24 Current Date: 1O/26/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Registe, Po,trait Layout Time: 13:35:2 Check No. AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229219 AP - 00229220 AP - 00229221 AP - 00229221 AP - 00229222 AP - 00229222 AP - 00229223 AP - 00229224 AP - 00229225 AP - 00229225 AP - 00229226 AP - 00229227 AP - 00229228 AP - 00229229 AP - 00229230 AP - 00229230 AP - 00229231 AP - 00229232 AP - 00229233 AP - 00229234 AP - 00229235 AP - 00229236 AP - 00229238 AP - 00229239 AP - 00229240 AP - 00229241 AP - 00229242 AP - 00229243 CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/12/2005 through 10/2512005 Check Date Vendor Name Amount 10/1912005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10119/2005 SOUTHERN CALIFORNIA EDISON 10/1912005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/1912005 SOUTHERN CALIFORNIA EDISON 10/1912005 SOUTHERN CALIFORNIA EDISON 10/1912005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/1912005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/1912005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA EDISON 10/19/2005 SOUTHERN CALIFORNIA MUNICIPAL A THLETfo 10/1912005 SOUTHLAND SPORTS OFFICIALS 10/1912005 SOUTHLAND SPORTS OFFICIALS 10/1912005 ST PIERRE. JODI 10/19/2005 ST PIERRE, JODI 10/19/2005 STANLEY PEST CONTROL 10/19/2005 STERICYCLE INC 10/19/2005 STEVES TOWING AND TRANSPORT 10/19/2005 STEVES TOWING AND TRANSPORT 10/19/2005 STOFA, JOSEPH 10/19/2005 SUNBURST VISUAL MEDIA 10/19/2005 T MOBILE 10/1912005 TANNER RECOGNITION COMPANY, 0 C 10/19/2005 TARGET SPECIALTY PRODUCTS 10/1912005 TARGET SPECIALTY PRODUCTS 10/19/2005 TEEN 2 TEEN 10/19/2005 THEATRE COMPANY, THE 10/19/2005 TKACH, TAMARA 10/19/2005 TOMARK SPORTS INC 10/19/2005 TYLER, PATRICIA 10/19/2005 US CERAMICS IMPORTS 10/19/2005 UNION BANK OF CALIFORNIA TRUSTEE FOR p, 10/19/2005 UNITED SITE SERVICES OF CA INC 10/19/2005 UNITED TITLE COMPANY 10/1912005 UNITED WAY 10/1912005 US IDENTIFICATION MANUAL 10/19/2005 VALDEZ, SUSAN 14.68 105.43 119.47 83.73 133.08 15.04 101.51 2.91 16.36 15.04 84.07 15.04 58.36 13.76 14.35 72.12 12.69 6.44 93.27 14.72 91.31 15.04 15.04 18.27 12.63 13.76 50.00 498.00 622.50 18.00 17.20 9.00 266.17 40.00 37.00 15.00 65.80 142.36 204.25 231.43 193.82 40.00 567.00 15.00 39.25 15.00 42.27 1,384.66 132.71 420.00 471.82 88.48 156.00 ~ Current Date: 1O/26/20C Time: 13:35:2 User: KFINCHER - Karen Finche, Page: 25 Report:CK_AGENDA_REG]ORTRAIT_RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA Al!enda Check Rel!ister 10/12/2005 through 10/2512005 Check No. Check Date Vendor Name Amount AP - 00229244 10/19/2005 VEND SOURCE 820.06 AP - 00229244 10/1912005 VEND SOURCE 1,035.67 AP - 00229244 10/19/2005 VEND SOURCE 57.74 AP - 00229244 10/19/2005 VEND SOURCE 5.65 AP - 00229246 10/1912005 VERIZON 28.32 AP - 00229246 10/19/2005 VERIZON 29.28 AP - 00229246 10/19/2005 VERIZON 139.46 AP - 00229246 10/19/2005 VERIZON 2056 AP - 00229246 10/1912005 VERIZON 2056 AP - 00229246 10/19/2005 VERIZON 2055 AP - 00229246 10/19/2005 VERIZON 2056 AP - 00229246 10/19/2005 VERIZON 29.26 AP - 00229246 10/19/2005 VERIZON 29.28 AP - 00229246 10/1912005 VERIZON 28.30 AP - 00229246 10/19/2005 VERIZON 29.79 AP - 00229246 10/1912005 VERIZON 20.56 AP - 00229246 10/1912005 VERIZON 9056 AP - 00229246 10/19/2005 VERIZON 9056 AP - 00229246 10/19/2005 VERIZON 9056 AP - 00229246 10/19/2005 VERIZON 9058 AP - 00229246 10/19/2005 VERIZON 90.56 AP - 00229246 10/1912005 VERIZON 28.37 AP - 00229246 10/1912005 VERIZON 28.30 AP - 00229246 10/1912005 VERIZON 90.58 AP - 00229246 10/19/2005 VERIZON 2055 AP - 00229246 10/19/2005 VERIZON 2055 AP - 00229246 10/19/2005 VERIZON 9056 AP - 00229246 10/19/2005 VERIZON 90.56 AP - 00229246 10/19/2005 VERIZON 20.55 AP - 00229246 10/19/2005 VERIZON 150.66 AP - 00229246 10/19/2005 VERIZON 29.28 AP - 00229246 10/1912005 VERIZON 130.97 AP - 00229246 10/19/2005 VERIZON 30.73 AP - 00229246 10/19/2005 VERIZON 33.16 AP - 00229246 10/19/2005 VERIZON 29.26 AP - 00229246 10/19/2005 VERIZON 60.12 AP - 00229246 10/19/2005 VERIZON 30.82 AP - 00229246 10/1912005 VERIZON 28.32 AP - 00229246 10/19/2005 VERIZON 29.26 AP - 00229246 10/19/2005 VERIZON 9058 AP - 00229246 10/19/2005 VERIZON 24.00 AP - 00229246 10/19/2005 VERIZON 20.55 AP - 00229246 10/1912005 VERIZON 29.04 AP - 00229246 10/19/2005 VERIZON 56.65 AP - 00229246 10/1912005 VERIZON 87.86 AP - 00229246 10/19/2005 VERIZON 113.30 AP - 00229246 10/1912005 VERIZON 28.32 AP - 00229246 10/1912005 VERIZON 90.56 AP - 00229246 10/19/2005 VERIZON 38.80 AP - 00229246 10/19/2005 VERIZON 38.80 AP - 00229246 10/1912005 VERIZON 44.07 AP - 00229246 10/19/2005 VERIZON 80.38 AP - 00229246 10/1912005 VERIZON 55.49 ;>&, User: KFINCHER - Karen Finche, Page: 26 Current Date: 10/26/20C Report:CK_AGENDA_REG_PORTRAIT _RC - CK: Agenda Check Register Portrait Layout Time: 13:35:2 Check No. AP - 00229246 AP - 00229246 AP - 00229246 AP - 00229246 AP - 00229246 AP - 00229246 AP - 00229246 AP - 00229246 AP - 00229246 AP - 00229246 AP - 00229246 AP - 00229246 AP - 00229246 AP - 00229247 AP - 00229248 AP - 00229249 AP - 00229250 AP - 00229250 AP - 00229250 AP - 00229250 AP - 00229250 AP - 00229251 AP - 00229251 AP - 00229251 AP - 00229251 AP - 00229252 AP - 00229253 AP - 00229254 AP - 00229255 AP - 00229256 AP - 00229257 CITY OF RANCHO CUCAMONGA A2enda Check Re2ister 10/12/2005 through 10/25/2005 Check Date Vendor Name Amount 10/19/2005 VERIZON 10/19/2005 VERIZON 10/19/2005 VERIZON 10/19/2005 VERIZON 10/19/2005 VERIZON 10/19/2005 VERIZON 10/19/2005 VERIZON 10/19/2005 VERIZON 10/19/2005 VERIZON 10/19/2005 VERIZON 10/19/2005 VERIZON 10/19/2005 VERIZON 10/19/2005 VERIZON 10/19/2005 VOLM, LIZA 10/19/2005 VORTEX INDUSTRIES 10/19/2005 WARD, DESIREE 10/19/2005 WARREN & CO INC, CARL 10/19/2005 WARREN & CO INC, CARL 10/19/2005 WARREN & CO INC, CARL 10/19/2005 WARREN & CO INC, CARL 10/19/2005 WARREN & CO INC, CARL 10/19/2005 W AXIE SANITARY SUPPLY 10/19/2005 WAXIE SANITARY SUPPLY 10/19/2005 WAXIE SANITARY SUPPLY 10/19/2005 W AXIE SANIT ARY SUPPLY 10/19/2005 WEST V ALLEY SENIOR CONCERN 10/19/2005 WILLIAMS, HERBERT 10/19/2005 WISLON-LAFARGE, CARRI 10/19/2005 YOON, KIM 10/19/2005 ZAMORA, ANITA 10/19/2005 ZIMMERMAN, IAN 22.08 29.26 29.26 28.30 20.55 29.79 27.34 90.56 90.58 90.56 90.56 50.81 20.66 112.50 189.95 452.50 19.20 540.16 621.28 509.12 71.36 59.61 270.15 871.78 270.15 3,000.00 500.00 40.00 5.00 500.00 62.00 Total for Check ID AP: 6,205,227.33 Total for Entity: 6,205,227.33 J-7 User: KFINCHER - Ka,en Fincher Page: 27 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Port,ait Layout Current Date: 10/26/20C Time: 13:35:2 RANCHO CUCAMONGA I ENGINEERING DEPARTMENT Staff Report DAlE: TO: FROM: BY: SUBJECf: November 2, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manage~ William J. O'Neil, City Engineer Shelley Hayes, Engineering Technician APPROVAL OF THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NOS. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 7 FOR 12770 AMBER LANE, LOCATED ON THE NORTH SIDE OF AMBER LANE, WEST OF ETIW ANDA AVENUE, SUBMITTED BY JAMES L. PREVITI RECOMMENDATION It is recommended that the City Council adopt the attached resolution, ordering the annexation to Landscape Maintenance District No.7 and Street Lighting Maintenance District Nos. I and 7. BACKGROUND/ANALYSIS 12770 Amber Lane, located on the north side of Amber Lane, West of Etiwanda Avenue in the Very Low Residential District (less than two (2) dwelling units per acre), has applied for a building permit for a new second dwelling unit. The developer is required to fulfill certain conditions along with the normal processing. As part of those conditions, the developer is required to have the project annexed into the appropriate lighting and landscape maintenance district. The Consent and Waiver to Annexation forms signed by the developer are on file in the City Clerk's Office. Respectfully Submitted, COMMUNITY DEVELOPMENT SERVICES ENGINEERING DIVISION wQ~o~:l~~ City Engineer WJO:SH:pjb Attachments :d-?r RESOLUTION NO. OS'.... 301 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. I AND 7 FOR 12770 AMBER LANE (APN: 0225-111-32) WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division IS, Part 2 of the Streets and Highways Code of the State of California (the "72 Act"), said special maintenance district known and designated as Landscape Maintenance District No. 7 Street Lighting Maintenance District No. I and Street Lighting Maintenance District No. 7 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Acto of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding the such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the d~ annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amount snot to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVE AS FOLLOWS: SECTION 1: The above recitals are all true and correct SECTION 2: This City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvemenls has been determined in relationship to the entirety of the cost of the maintenance of the Improvements. c. Only special benefits will be assessed on fhe Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts. approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including levy of all assessments, shall be applicable to the Territory. 2 12770 AMBER LANE 36 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owners of the Property are: JAMES PREVITI, A SINGLE MAN The legal description of the Property is: PARCEL NO. I: THAT PORTION OF THE SOUTH ONE-HALF OF LOTS 9 AND 10, BLOCK "C", ETIW ANDA COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 OF MAPS, PAGE(S) 24, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEGINNING AT A POINT NORTH 890 20' 04" WEST, 626.70 FEET FROM THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF SAID LOT 9; THENCE CONTINUING NORTH 890 20' 04" WEST, 320.35 FEET ON THE NORTH LINE OF THE SOUTH ONE-HALF OF SAID LOTS; THENCE SOUTH 0039' 56" WEST, 331.10 FEET TO THE SOUTH LINE THEREOF; THENCE SOUTH 890 21' 49" EAST, 320.35 FEET ON SAID SOUTH LINE TO A POINT NORTH 890 21' 49" WEST, 629.07 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 9; THENCE NORTH 00 39' 56" EAST, 330.94 FEET TO THE POINT OF BEGINNING. PARCEL NO. 2: A PRIVATE ROAD EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF THE SOUTH ONE-HALF OF LOTS 9 AND 10, BLOCK "C", ETIWANDA COLONY LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 OF MAPS, PAGE 24, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 0225-111-32-0000 The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A-I 12770 AMBER LANE 3/ Exhibit B To Description of the District Improvements Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO.7 (NORTH ETIW ANDA): Landscape Maintenance District No. 7 (LMD #7) represents landscape sites throughout the Etiwanda North Area. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various sites maintained by the district consist of parkways, median islands, paseos, street trees, community trails and Etiwanda Creek Park STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): Street Light Maintenance District No. I (SLD #1)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The siles maintained by Ihe di5tricl consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO.7 (NORTH ETIW ANDA): Street Light Maintenance District No.7 (SLD #7) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the North Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day Creek Channel and north of Highland A venue within the incorporated area of the City. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the North Etiwanda area. B-1 12770 AMBER LANE 3d- Proposed additions to Work Program (Fiscal Year 2005/2006) For Project: 12770 Amber Lane Street Lights SLD# I SLD # 7 5800L Number of Lamps 9500L 16,OOOL 22,000L 27,500L Landscaping Community Trail DGSF Turf SF Non-Turf SF Trees EA LMD#7 "Existing items installed with original project Assessment Units by District Parcel DU or Acres IOU S 1 S7 L7 B-2 12770 AMBER LANE 33 Exhibit C Proposed Annual Assessment Fiscal Year 2005/2006 LANDSCAPE MAINTENANCE DISTRICT NO.7 (NORTH ETIW ANDA): The rate per assessment unit (A. U.) is $307.05 for the fiscal year 2005/06. The following table summarizes the assessment rate for Landscape Maintenance District No.7 (North Etiwanda): # of Physical Assessment #of Rate Per Units Units Factor Assessment Assessment Land Use Type Units Unit Revenue Single Parcel 1572 1.00 1572 $307.05 $482,682.60 Family Comm/lnd. Acre 5 2.00 10 $307.05 $3,070.50 TOTAL $485,753.10 The Proposed Annual Assessment against the Property (12770 Amber Lane) is: I Parcels x 1.0 A.V. Factor x $307.05 Rate Per A.U. ~ $307.05 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO.1 (ARTERIAL STREETS): The rate per assessment unit (A.D.) is $17.77 for the fiscal year 2005/06. The following table summarizes the assessment rate for Street Light Maintenance District No. I (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Tvne Units Units Factor ITnits Unit Revenue Single Parcel 21,151 1.00 21,151 $17.77 $375,853.27 Family Multi- Unit 8,540 1.00 8,540 $17.77 $151,755.80 Family Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99 TOTAL $612,207.06 The Proposed Annual Assessment against the Property (12770 Amber Lane) is: I Parcel x I A.U. Factor x $17.77 Rate Per A.V. = $17.77 Annual Assessment C-I 12770 AMBER LANE 3Cj STREET LIGHT MAINTENANCE DISTRICT NO.7 (NORTH ETIW ANDA): The rate per assessment unit (A.U.) is $33.32 for the fiscal year 2005/06. The following table summarizes the assessment rate for Street Light Maintenance District No.7 (North Etiwanda): # of #of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 1804 1.00 1804 $33.32 $60,109.28 Family Comm/lnd Acre 5 2.00 10 $33.32 $333.20 TOTAL $60,442.48 The Proposed Annual Assessment against the Property (12770 Amber Lane) is: I Parcel x I AU. Factor x $33.32 Rate Per AU. = $33.32 Annual Assessment C-2 12770 AMBER LANE 35' THE ~.,..-__,> .. i.~" RANCUO CITY OF - -,',,'<J/""'-'_' '~;'_;i:-'V",~" V",:< '. "'>,i',..;t';'~ii";<;;"; .-.;g,,-~-;;'~a~:NI CUCAMONGA Staff Report DATE: November 2, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Dan Coleman, Acting City Planner BY: Kristin Wnek, Planning Aide SUBJECT: HISTORIC LANDMARK DESIGNATION DRC2005-00600 - JANETTE L. HUCKINS - A request to designate a house as a Designated Local Landmark, located at 6862 Etiwanda Avenue - APN: 1089-511-07. Related file: Mills Act Agreement DRC 2005-00601. MILLS ACT AGREEMENT DRC2005-00601 - JANETTE L. HUCKINS - A request to implement the use of the Mills Act to reduce property tax for a house, with a current application for Historic Landmark Status, located at 6862 Etiwanda Avenue - APN: 1089-511-07. Related file: Landmark Designation DRC2005-00600. RECOMMENDATION: The Historic Preservation Commission unanimously recommends designation of the house located at 6862 Etiwanda Avenue as a Designated Local Landmark and approval of a Mills Act Agreement by adoption of the attached Resolution of Approval and Mills Act Agreement. BACKGROUND: An unknown architect and builder constructed the dwelling at 6862 Etiwanda Avenue around 1930 on Lot 16 of the Etiwanda Colony Lands. The dwelling is an example of the residences that were built on smaller City lots located along the main City thoroughfare of Etiwanda Avenue. The location of these homes are important to the growth of the Etiwanda community as the merchants needed to locate themselves closer to their businesses. Around 1930, Neil D. Hickcox, the son of one of Etiwanda's early residents, purchased the home and lived there with his wife Emma and their children. ANALYSIS: The attached Historic Preservation Commission staff report provides a detailed analysis of the historical and cultural significance of this house. 3(." CITY COUNCIL STAFF REPORT DRC2005-00600 - JANET L. HUCKINS November 2, 2005 Page 2 ENVIRONMENTAL ASSESSMENT: The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. Dan Coleman Acting City Planner DC:KW/ge Attachments: Exhibit A - Historic Preservation Commission Staff Report dated September 28, 2005 Exhibit B - Mills Act Agreement for Mills Act Application DRC2005-00601 Draft Resolution of Approval for Landmark Designation DRC2005-00600 37 THE I RANCUO C I T Y 0 F CUCAMONGA Staff Report DATE: September 28,2005 TO: Chairman and Members of the Historic Preservation Commission FROM: Dan Coleman, Acting City Planner BY: Kristin Wnek, Planning Aide SUBJECT: HISTORIC LANDMARK DESIGNATION DRC2005-00600 - JANETTE L. HUCKINS - A request to designate a house as a Designated Local Landmark, located at 6862 Etiwanda Avenue - APN: 1089-511-07. Related file: Mills Act Agreement DRC 2005-00601. MILLS ACT AGREEMENT DRC2005-00601 - JANETTE L. HUCKINS : A request to implement the use of the Mills Act to reduce property tax for a house, with a current application for Historic Landmark Status, located at 6862 Etiwanda Avenue - APN: 1089-511-07. Related file: Landmark Designation DRC2005-00600. BACKGROUND A. Historical Sionificance: An unknown architect and builder constructed the dwelling at 6862 Etiwanda Avenue around 1930 on Lot 16 of the Etiwanda Colony Lands. The dwelling is an example of the residences that were built on smaller City lots located along the main City thoroughfare of Etiwanda Avenue. The location of these homes are important to the growth of the Etiwanda community as the merchants needed to locate themselves closer to their businesses. Around 1930, Neil D. Hickcox purchased the home and lived there with his wife Emma and their children. B. Site Characteristics: The house sits on a 15,000 square foot parcel (.34 acre) on Etiwanda Avenue as an example of the early to mid-twentieth century residences built in the community. The land use zoning of the site and the surrounding area is designated Low Residential (2-4 dwellings per acre). ANALYSIS A. General: The house was first surveyed in 2005 (Exhibit C). The house is a single-story stucco building with a wood-shingle roof in the Colonial Revival style. It is rectangular in shape with a projecting gable at one end and double hung windows. A carriage house sits at the rear of the property and is similar in appearance to the main structure. With the ------.--- EXHIBIT A Cc 11/2/0) 38 HISTORIC PRESERVATION STAFF REPORT DRC2005-00600 - JANETTE L. HUCKINS September 28, 2005 Page 2 exception of some recent painting and the addition of window shutters, the home retains its original construction and appearance. B. Landmark Desionation: The subject site qualifies for landmark designation based upon much of the criteria from the City's Historic Preservation Ordinance, including such significant areas as historical, cultural, neighborhood, and geographic setting. Details concerning these areas of significance are contained in the Facts for Findings section. The requested designation is for the structure that is greater than 50 years in age. The purpose of the designation is to preserve, protect, enhance, and perpetuate a significant feature that contributes to the cultural and aesthetic benefit of Rancho Cucamonga. C. Mills Act Aoreement: In accordance with City policy, the owner has requested a Mills Act Agreement. The Agreement Schedule List of Improvements has been drafted and reviewed and is attached for reference (Exhibit D). The concept of the Mills Act program is to provide an incentive for the property owner to protect and preserve the property by retaining its characteristics of historical significance. This intent is encouraged through the reduction of property taxes, thus enabling the property owner to reinvest the money saved from the reduced property tax on the improvements. The properties that enter into the agreement are to be inspected by City staff on an annual basis to determine whether notable progress has been made in rehabilitating the property. Staff estimates the property tax savings to the owner could be as much as $2,087 per year. The exact amounts are dependent upon the County Assessor's property valuation, which is based on income potential and capitalization rate at the time of the assessment. D. Environmental Assessment: The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. FACTS FOR FINDING: A. Historical and Cultural Significance: 1. Findino: The proposed landmark is particularly representative of a historical period, type, style, region, or way of life. FacUs: The property is an excellent example of life in early Cucamonga, as the residents needed to locate themselves towards the Cucamonga town center to be closer to their businesses. FacUs: The dwelling is representative of the typical style of suburban dwellings in Post WWI America. It employs the Colonial Revival style, which was heavily used during the building boom of the 1920s and 1930s. 2. Findino: The proposed landmark was connected with someone renowned or important or a local personality. FacUs; Neil Hickcox built and occupied the dwelling from 1931 onward and was the son of one of Cucamonga's early residents. His father was Zanjero for 37 HISTORIC PRESERVATION STAFF REPORT DRC2005-00600 - JANETTE L. ,HUCKINS September 28, 20.05 Page 3 the Etiwanda Water Company and he himself was involved in the grape and citrus industries. B. Neighborhood and Geographic Setting: 1. Findinq: The proposed landmark materially benefits the historic character of the neighborhood. FacVs: " The proposed landmark contributes to the character of the historic neighborhood as an early twentieth century home and represents t~e evolution of small City lot development from large agricultural lots in early Cucamonga. . 2. Findinq: The proposed landmark in its location represents an established and familiar visual feature of the neighborhood, community, or the City. The proposed Landmark is an example of the historic dwellings built for suburban family use in the early twentieth century, which were located close to the original Cucamonga town center. CORRESPONDENCE: The Historic Landmark designation was advertised as a public hearing in the Inland Vallev Dailv Bulletin newspaper, the property was posted, and notices were sent to all property owners within 300 feet of the project site. FacVs: RECOMMENDATION: Staff recommends that the Historic Preservation Commission recommend approval of Landmark Designation DRC2005-00600 and Mills Act Agreement DRC2o.o.5-00601 to be forwarded to the City Council for final action. DC:KW\ge Attachments:' Exhibit A - Location Map Exhibit B - Photographs of 6862 Etiwanda Avenue . Exhibit C - Historic Resources Inventory (Completed 2005 by Property Owner) Exhibit D Mills Act Agreement Schedule of Improvements Draft Resolution of Approval for Historic Landmark Designation DRC2005-00600 fo YOUR REFERENCE: 227:" .1 r--------- ~ 'DER r,\"oo J291913-40 EXHIBIT "A" PORTION OF LOT 16, IN 8LOCK "I", ETIWANDA COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CAUFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST UNE OF SAID LOT, 245 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THE SAID POINT BEING THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO NEIL D. HICKCOX AND WIFE, BY DEED RECORDED FEBRUARY 19, 1931, IN BOOK 698, PAGE 249, OFFICIAL RECORDS; THENCE WEST ALONG THE NORTH UNE OF SAID HICKCOX LAND, 150 FEET; THENCE NOR:li PARAllEL WITH THE EAST UNE OF SAID LOT, 100 FEET; THENCE EAST PARAlLEL TO THE NORTH UNE OF SAID HICKCOX LAND, 150 FEET TO THE EAST UNE OF SAID LOT; THENCE SOUTH ALONG THE EAST UNE OF SAID LOT, 100 FEET TO THE POINT OF BEGINNING. PC q/;)!/P~ , Page 3 Lfl I~~~! . .---'j' ..tall 11131 rl8t ..." "- IAH_~ ..ea. . l . ---.!- @ I L - , It) 1I.J ll6J-.. - -- . , " "- , & _. -itNlfiMlI .... , .. .. ei' l> ! 0 X f ~ J . . e ~-"". iSl ;1 19 e @ 19 @ E> ..... "<t_ ,I': >-- - u! :1: g.o . , ttl!!'! ~ ~ E: III e~ . : . .. 'J< :it.. I .. jdll! z. , "of .r;:; ~ c: " ...J !:: . ~ .. ~~ <!) " .. (B) -r- - -... . 8S: .. .g~t IS oil ;0 l! ~ I ~ If , I 0~ !!! . . . f , - lei.!! <ID I e . ~.... t.l \$i '1t;_.-D - - - 0 EXHIBIT A pc ~~~:-H_'" .... .~ Yd- 6862 Etiwanda A~ *2005-02631 5/25/2005 , ..., 2:5 ~. ~. 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". .,' ,:.;.,:;'i:j0,s-',7:;'.;.,.~ 'f"~':'i',. ':\;".;-,,,,.:';"">"''2512'31 PM :-:."1'.....~':.""..1 .:~~.-..y""'"'...-- . 5 if7 r 6862 Etiwanda Avae "f2005-02631 5/25/2005 c. .~' ~_~< - -~-.~_ ~7-c- '-: , ~-' ~.'~-~;- - ~-:--:~ -- ...JOL- ___....... "~f- ~~~ . ~- ::.~.: ~--:.~ ~ ~._-~ .- ..-: ~i ! '-. .~-:.--.!' '-"- ~- ---- --- ~ ,-~ ~:i - - ==i- . .~~- i ~::. .- ,)~11;4f - z.:. :.... -... i~... ,.... ~..~ 'J.. .. ~..'4 '>.~4 .~... ~...._. - --- .- ,.- 512:31PM ;,~;:;,<':~;1;C~~~;.. + c.-" t't.. ,./(~-.<::k t...: "",". 6 p( q /;)f/tJS- If? " ., , . .tate of California - The Resources ~ DEPARTMENT OF PARKS AND RECREATION OFFICE OF HISTORIC PRESERVATION mSTORlC RESOURCES INVENTORY IDENTIFICATION AND LOCATION ;: ~m:~:o~~tName: G+\~r-d0l Cnlol"'f l.PlwtS. N IOO-Ff -S ~4~F+ c \SOFt 3. Number & Street: (g"3(O~. f~\..1.X:f~ Ave.... W City: et.., Vicini~: Zip: C) 1131 County (3-Letter Designator): '. . 4. QuadmapNo:~KUTMZA: B: C: . D:. S. ParceINo: 1m'1-S\\-OI-Other: Lot-l& 0000 DESCRIPTION 6. Property Category: If District, number of Documented Resources: 7. Briefly describe the present physical appearance of the property, including c;ondition, boundaries, surroundings, and (if a,ppropriate) architectural style:. . . ~.~. .'. . ~ \...I.ord \oobs l\Q o-.~I.cJ.. ~W\d~ 8. Alterations & Date: . 9. Related Features on Property: 10. ' PIAn';;ng Agency: City of Rancho Cucamonga 11. Owner & Address 12. Type of Ownership: 13. Present Use: - EXHIBIT C 14. Zoning: q),} S/tJS' 15. Threats: . 'if ( ....:_~.;.'_-.r : .~.i,::..: ',ii.">::."... ,- :::,,~~:,:.. , mSTORICAL INFORMATION I 16. Construction Date(s): Original Location: Date Moved: 17. . Architect: Builder: 18. Historic Attributes (With number from List): SIGNIFICANCE AND EVALUATION 19. Context for Evaluation: Theme: Area: Period: Property Type: 20. Breifly discuss the property's importance Within the context. Use historical and architecturaI analysis as appropriate. Compare with similar properties. 21. Sources: :-.---.....-...........--......-......--.......-.--.-----..............: I : i Sketch map. Show location and boundaries of 1 j property in relation to nearby streets, ! : railways, natural landmarks, etc. Name each ! ! j I::::::' . I . ......................................................................~................................... 22.. . Applicable National Register Criteria: 23. Other recognition: State Landmark Number: 24. Evaluator: Year ofEvaliJation: 25. Survey Type: (C=Comprehensive, P=Project Related. S=Single property) 26. Survey Name: 27. Year Form Prepared: By (Name): Organization: Address: City, State, Zip. Phone: ( ) - . J!f. q /;;t/(lS" 56 .;, City of Rancho Cucamonga Historic Preservation Commission (To be completed by the Applicant) Potential Structure / Property Improvement TlDle - Line Pldtse list the improvements which are in~ended to take place over the next 10 years. List them in order of owner's priority. .... IMPROVEMENT' . .. . ~o:. . o~ 0: .: o. . "'"s I certify that I am presently the legal owner of the subject property. Further, I acknowledge the supplemental infonnation on this form will be used as an exhibit attached to the Mills Act Agreement Date: 1- J-o<:;; Signature: ~ d~ '. . {) p( q pt/o5"' 6/ RESOLUTION NO. 05-04 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF HISTORIC LANDMARK DESIGNATION DRC2005-00600, DESIGNATING 6862 ETIWANDA AVENUE AS A HISTORIC LANDMARK, LOCATED AT 6862 ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1089-511-07. A. Recitals. 1. Janette L. Huckins filed an application for a Landmark Designation as described in the title of this Resolution. Hereinafter in this Resolution, the subject Landmark is referred to as "the application." 2. On September 28, 2005, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Historic Preservation Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The application applies to approximately .34 acre of land, basically a rectangular configuration, located at 6862 Etiwanda Avenue. 3. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on September 28, 2005, including written and oral staff reports, together with public testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Commission hereby makes the following findings and facts: A. Historical and Cultural Sianificance: 1. Findinq: FacVs: F acts/s: 2. Findinq: FacVs: The proposed Landmark is particularly representative of a historic period, type, style, region, or way of life. The property is an excellent example of life in early Etiwanda, as the residents needed to locate themselves towards the town center to be closer to their businesses. The dwelling is representative of the typical style of suburban dwellings in Post WWI America. It employs the Colonial Revival style, which was heavily used during the building boom of the 1920s and 1930s. The proposed Landmark was connected with someone renowned or important or a local personality. Neil Hickcox built and occupied the dwelling from 1931 onward and was the son of one of Cucamonga's early residents. His father was a Zanjero for the Etiwanda Water Company, and was involved in the grape and citrus industries. 5d- HISTORIC PRESERVATION COMMISSION RESOLUTION NO. 05-04 DRC2005-00600-JANETTE L. HUCKINS September 28, 2005 Page 2 B. Neiohborhood and Geooraohic Settino: 1. Findino: The proposed Landmark materially benefits the historic character of the neighborhood. The proposed landmark contributes to the character of the historic neighborhood as an early twentieth century home and represents the evolution of small City lot development from large agricultural lots in early Cucamonga. 2. Findino: The proposed Landmark in its location represents an established and familiar visual feature of the neighborhood, community, and/or the City. Fact/s: The proposed Landmark is an example of the historic dwellings built for suburban family use in the early twentieth century, which were located close to the original Cucamonga town center. 4. This Commission hereby finds that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder. The Council finds that this Landmark Designation is exempt under CEQA, pursuant to State CEQA Guidelines Section 15331, as a Class 31 exemption (Historical Resource Restoration/Rehabilitation). Fact/s: 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, that the Historic Preservation Commission of the City of Rancho Cucamonga hereby recommends approval on the 28th day of September, 2005, of the Landmark Designation. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF SEPTEMBER 2005. BY: HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA ~ W~~ Dan Coleman, Acting Secretary ATTEST: I, Dan Coleman, Acting Secretary of the Historic Preservation Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga, at a regular meeting of the Historic Preservation Commission held on the 28th day of September 2005, by the following vote-to-wit: AYES: NOES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS ~-3 RECORDING REQUESTED BY and when RECORDED MAIL TO: City Clerk, City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 HISTORIC PROPERTY PRESERVATION AGREEMENT THIS AGREEMENT is made and entered into this -Z-nd day of November ,2005, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "City") and Janette L. Huckins (hereinafter referred to as the "Owner"). WITNESSETH: A. Recitals. (i) California Government Code Section 50280, et seq. authorize cities to enter into contracts with the Owners of qualified Historical Property to provide for the use, maintenance and restoration of such Historical Property so as to retain its characteristics as property of historical significance; (ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 6862 Etiwanda Avenue Rancho Cucamonaa. CA (hereinafter such property shall be referred to as the "Historic Property"). A legal description of the Historic Property is attached hereto, marked as Exhibit "A" and is incorporated herein by this reference; (iii) On November 2. 2005, the City Council of the City of Rancho Cucamonga adopted its Resolution No._thereby declaring and designating the Historic Property as a historic landmark pursuant to the terms and provisions of Chapter 2.24 of the Rancho Cucamonga Municipal Code; and, --- ----.- EXHIBIT B -1- 5f (Iv) City and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to quality the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation Code. B. Aqreement NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Aareement. This Agreement shall be effective and commence on November 2. 2005, and shall remain in effect for a term of ten years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of nonrenewal is mailed as provided herein. If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of nonrenewal of the Agreement on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least 90 days prior to the annual renewal date, or served by City to Owner at least 60 days prior to the annual renewal date, one year shall automatically be added to the term of the Agreement as provided herein. Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to Owner of nonrenewal. If either City or Owner serves notice to the other of non renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards for Historical Prooertv. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibit "6," and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. -2- 50' b. Owner shall, where necessary, restore and rehabilitate the property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation and in accordance with the attached schedule of potential home improvements, drafted by the applicant and approved by the City Council, attached hereto as Exhibit "C." c. Owner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of . Parks and Recreation, State Board of Equalization, and the City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 4. Provision of Information of Corporation. Owner hereby agrees to fumish City wtth any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. . 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specffied in subparagraph 3(b) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq. 6. Enforcement of Aareement. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default, under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within 30 days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within 30 days (provided that acts to cure the breach or default may be commenced within 30 days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. -3- S'? City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in CitYs regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereinunder. 7. Bindina Effect of Aareement. The Owner hereby subjects the Historic Property described in Exhibit "A" hereto to the covenants, reservations, and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that Owner's legal interest in the Historic Property is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concem the land by enhancin9 and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and Owner. 8. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto. To City: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 Attention: City Planner To Owner: Janette L. Huckins 6862 Etiwanda Avenue Rancho Cucamonga, CA 91739 -4- 6? 9. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions, 'or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation, and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and fis elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner's activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Historic Property. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. d. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, orto determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. e. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. f. This Agreement shall be construed and governed in accordance with the laws of the State of California. -5- a 10. Recordation. No later than 20 days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. The Owner shall be responsible for any fees required by the County for recording this Agreement. 11. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above. CITY OF RANCHO CUCAMONGA Dated: By: William J. Alexander, Mayor Dated: By: Janette L. Huckins, Owner -6- S''I STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On , Kathy Scott, Deputy City Clerk of the City of Rancho Cucamonga, personally appeared WILLIAM J. ALEXANDER, personally know to me to be the person whose name is subscribed to within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Kathy Scott Deputy City Clerk City of Rancho Cucamonga STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On the _ day of , 200_, befor~ me . NotaN Public, personally appeared . personally kl10wn to m!<l or proyeq to on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and the by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State -7- ~D LEGAL DESCRIPTION for Janette L. Huckins 6862 Etiwanda Avenue Rancho Cucamonga, CA 91739 Mailing: Same as above. Portion of Lot 16, in Block "I", Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per plat recorded in Book 2 of Maps, page 24, records of said county, described as follows: Beginning at a point in the east line of said lot, 245 feet north of the southeast corner thereof; the said point being the northeast corner of a parcel of land conveyed to Neil D. Hickcox and wife, by deed recorded February 19, 1931, in Book 698, page 249, official records; thence west along the north line of said Hickcox land, 150 feet; thence north parallel with the east line of said lot, 100 feet; thence east parallel to the north line of said Hickcox land, 150 feet to the east line of said lot, thence south along the east line of said lot, 100 feet to the point of beginning. Exhibit "A" -8- 6/ THE SECRETARY OF INTERIOR'S REHABILITATION STANDARDS 1. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site, and its environment, or to the use of a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure, or site, and its environment shall not be destroyed. The removal or alteration of any historical material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment 5. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure, or site, shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the most gentle means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project 9. Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in 'the future, the essential form and integrity of the structure would be unimpaired. Exhibit "B-1" -9- {;;;2 PROPERTY MAINTENANCE Property Maintenance. All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: 1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls, and windows; 2. Scrap lumber, junk, trash or debris; 3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; 4. Stagnant water or excavations, including pools or spas; 5. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition or its inappropriate location. EXHIBIT "B-2" -10- {;3 POTENTIAL HOME IMPROVEMENTS for Janette L. Huckins 6862 Etiwanda Avenue Rancho Cucamonga, CA 91739 The following is a list of renovation projects the applicant plans to complete. Future projects proposed by the applicant or by the legal inheritors of this contract will be reviewed by the Historic Preservation Commission's staff. ITEM YEAR TASK 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 EXHIBIT "C" Repair sprinkler system Relocate trash enclosure Paint inside house Have gravel driveway replaced/Hard surface Finish planting rear yard RepairlReplace windows in kind as needed RepairlReplace fence as needed Check electrical insulation Refinish wood floors Paint exterior -11- ?'f '--- RESOLUTION NO. D5 - 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. A. Recitals. 1. Janette L. Huckins filed an application for Landmark Designation D'RC2005-00600, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Landmark is referred to as "the application." 2. On September 28, 2005, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval. 3. On November 2, 2005, the City Council held their meeting and approved Landmark Designation DRC2005-00600. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts setforth in the Recitals, Part "A," of this Resolution are true and correct. 2. The application applies to approximately .34 acre of land, basically a rectangular configuration, located at 6862 Etiwanda Avenue. 3. Based upon substantial evidence presented to this Council, including Minutes of the public hearing by the Historic Preservation Commission on September 28, 2005, written and oral staff reports, together with public testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Council hereby makes the following findings and facts: Facts For Findino: A. Historical and Cultural Sionificance: 1. Findino: The proposed Landmark is particularly representative of a historic period, type, style, region, or way of life. The property is an excellent example of life in early Etiwanda, as the residents needed to locate themselves towards the town center to be closer to their businesses. Fact/s: Facts/s: The dwelling is representative of the typical style of suburban dwellings in Post WWI America. It employs the Colonial Revival style, which was heavily used during the building boom of the 1920's and 1930's. iP5 --- CITY COUNCIL RESOLUTION NO. LANDMARK DESIGNATION DRC2005-00600 November 2, 2005 Page 2 2. Findinq: Fact/s: The proposed Landmark was connected with someone renowned or important or a local personality. Neil Hickcox built and occupied the dwelling from 1931 onward and was the son of one of Cucamonga's early residents. His father was a Zanjero for the Etiwanda Water Company, and was involved in the grape and citrus industries. B. Neiqhborhood and Geoqraphic Settinq: 1. Findinq: Fact/s: 2. Findinq: Fact/s: The proposed Landmark materially benefits the historic character of the neighborhood. The proposed landmark contributes to the character of the historic neighborhood as an early twentieth century home and represents the evolution of a small City lot development from large agricultural lots in early Etiwanda. The proposed Landmark in its location represents an established and familiar visual feature of the neighborhood, community, andlor the City. The proposed Landmark is an example of the historic dwellings built for suburban family use in the early twentieth century, which were located close to the original Etiwanda town center. 4. This Council hereby finds that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, as Landmark Designations are exempt under CEQA, section 15331 as a Class 31 exemption (historical resource/restoration/rehabilitation). 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, that the City Council of the City of Rancho Cucamonga hereby approves Landmark Designation DRC200S-00600. 6. The Mayor shall certify to the adoption of this Resolution. 6' THE CITY OF I ,,'diU;">:,; ,J4jL1lJjj>;;'::h:A;L11lilli0h;~ d'!i'k;" RANCUO CUCAMONGA Ji,: ;;iiW1k:;i '{;;\JJ1blli;::ibJj).jldlliS;" ;J Staff Report DATE: November 2, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, and City Manager FROM: Pamela S. Easter, Deputy City Manager Kimberly S. Thomas, Management Analyst III, City Manager's Office SUBJECT: APPROVAL OF A SUPPLEMENTAL SETTLEMENT AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATED TO CRIMINAL JUSTICE ADMINISTRATIVE FEES (BOOKING AND PROCESSING FEES) RECOMMENDATION It is recommended that the City Council Approve the Supplemental Settlement Agreement relating to booking and processing fees with the County of San Bernardino. BACKGROUND I ANALYSIS As you know, booking fees are currently levied by the County (regardless of the type of offense) each time a City officer makes an arrest and delivers the suspect to the County jail for booking or detention. In Spring 2001, the City as well as the other cities in San Bernardino County entered into an agreement with the County of San Bernardino setting the rate for booking and processing of those arrested at $159.72. In November of 2004, Senate Bill 1102 (SB 1102) was enacted into law. This legislation reduced the amount of booking fees that can be collected by counties beginning Fiscal Year 2005- 06. SB 1102 reduced fees to no greater than one-half of actual administrative costs, including overhead costs permitted according to the "Federal Circular A8?" standards, and in no event greater than the fee charged by a county to cities on January 1, 2004. Effective FY 2005-06, this legislation also repealed all State reimbursement to cities for payment to counties for booking fees. Based on SB 1102, the County performed an updated cost study and calculated a new cost per booking in the amount of $192.92, which would have allowed the County to impose a new fee for each booking in the amount of $96.46. However, representatives of the San Bernardino cities and County met informally, and agreed on a booking fee to ~7 PAGE 2 APPROVAL OF A SUPPLEMENTAL SETTLEMENT AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATED TO CRIMINAL JUSTICE ADMINISTRATIVE FEES (BOOKING AND PROCESSING FEES) be charged by the County to the. cities at a rate of $79.86 per booking ($79.86 equals one-half of the former rate of $159.72), for a period of three (3) years beginning July 1, 2005, and ending on June 30, 2008. The agreement also states that by July 1, 2006, the cities and the County will be required to meet for the purposes of negotiating and recommending a methodology to calculate booking fees and a process to adjust the fees after expiration of the three-year period. The attached supplemental agreement has been reviewed by legal counsel, representing the cities and the County. Approval is recommended to adjust the new rate of booking fees at $79.86 from $159.72. Respectfully submitted, ~~ Pamela S. Easter Deputy City Manager f.i.1l .J~~ ~~ Thomas Management Analyst III Attachments - Supplemental Settlement Agreement Relating to Criminal Justice Fees (2005) - Prior Supplemental Settlement Agreement Relating to Criminal Justice Fees (2001) 60 2{) 1 SUPPLEMENTAL SETTLEMENT AGREEMENT RELATING 2 TO CRIMINAL JUSTICE ADMINISTRATIVE FEES 3 This Supplemental Settlement Agreement (hereinafter referred to as 4 "Agreement") is entered into between the COUNTY OF SAN BERNARDINO, for itself, 5 its employees, servants, representatives, officers, officials, agents and departments 6 (hereinafter referred to as "COUNTY") and the CITY OF ADELANTO, TOWN OF 7 APPLE VALLEY, CITY OF BARSTOW, CITY OF BIG BEAR LAKE, CITY OF CHINO, 8 CITY OF CHINO HILLS, CITY OF COLTON, CITY OF FONTANA, CITY OF GRAND 9 TERRACE, CITY OF HESPERIA, CITY OF HIGHLAND, CITY OF LOMA LINDA, CITY 10 OF MONTCLAIR, CITY OF NEEDLES, CITY OF ONTARIO, CITY OF RANCHO 11 CUCAMONGA, CITY OF REDLANDS, CITY OF RIAL TO, CITY OF SAN 12 BERNARDINO, CITY OF TWENTYNINE PALMS, CITY OF UPLAND, CITY OF 13 VICTORVILLE, CITY OF YUCAIPA, and the TOWN OF YUCCA VALLEY (hereinafter 14 referred to as "CITIES AND TOWNS"). COUNTY and CITIES AND TOWNS are 15 collectively referred to herein as the "Parties". The Parties agree as follows: 16 All CITIES AND TOWNS other than the CITY OF NEEDLES have previously 17 entered into "the Settlement Agreement" with COUNTY concerning payment of booking 18 and processing fees (criminal justice administrative fees pursuant to California 19 Government Code section 29550, hereinafter referred to as "booking fees"), that was 20 incorporated as part of the judgment entered by the Sacramento County Superior Court 21 in City of Adelanto, et aI., v. County of San Bernardino, Judicial Council Coordination 22 Proceeding No. 2584. The CITY OF NEEDLES and COUNTY have previously entered 23 into "the separate Settlement Agreement" concerning payment of booking fees. 24 References to "Settlement Agreements" in this Agreement shall mean the agreements 25 identified in the preceding two sentences. These Settlement Agreements provided for 26 the COUNTY to charge actual costs for booking fees after February 10, 2001. 27 Thereafter, almost all of the parties comprising the CITIES AND TOWNS entered into a 28 supplemental settlement agreement with COUNTY for booking fees to be paid at the flat Page 1 DST 264021 Booking Fees Su . Settlement Agreement.DOC ~9 1 rate of $159.72 for each booking and other processing (hereinafter referred to as 2 "booking"), so long as CITIES AND TOWNS agreed to apply all realized savings to 3 expenditures for public safety, as referred to in California Government Code section 4 29950 and defined in the "ORDER" identified in the Settlernent Agreements, performed 5 by the COUNTY in connection with arrests made within the jurisdictional boundaries of 6 CITIES AND TOWNS after February 10, 2001. This rate was to remain in effect unless 7 COUNTY's actual costs incurred for booking, as referred to in California Government 8 Code section 29550, and as defined by "the ORDER" identified in the Settlement 9 Agreements, increased by twenty-five percent (25%) or more over the COUNTY's 10 actual costs as of February 10, 2001, or in the event that the State of California's 11 reimbursement for booking fees incurred by the CITIES AND TOWNS within the County 12 of San Bernardino was reduced by twenty-five (25%) or more, in which alternative 13 event a new booking fee was to be negotiated by COUNTY and CITIES AND TOWNS. 14 In November of 2004 Senate Bill 11 02 was enacted into law. This legislation 15 amended California Government Code section 29550 to reduce the amount of booking 16 fees that can be collected by counties beginning in Fiscal Year (FY) 2005-06 to fees no 17 greater than one-half of actual administrative costs, including overhead costs permitted 18 according to federal Circular A87 standards, and in no event greater than the fee 19 charged by a county to cities on January 1, 2004. Effective FY 2005-06, this legislation 20 also repealed all state reimbursement to cities for payrnents to counties for booking 21 fees. 22 Based on the above legislative changes, in March of 2005 the COUNTY 23 performed an updated cost study employing the same methodology that was used when 24 earlier agreements between CITIES AND TOWNS and COUNTY were executed, and 25 taking into account increased salary and benefit costs, and a dramatic rise in the 26 number of bookings compared with previous years. Based on the results of this study, 27 COUNTY calculated that current costs per booking were $192.92, which would have 28 allowed COUNTY to impose a new fee for each booking in the amount of $96.46, which DST 264021 Booking Fees Su . Settlement Agreement.DOC Page 2 76 1 represents one-half of the County's newly calculated cost per booking. 2 But, instead of imposing such a permissible fee, representatives of CITIES AND 3 TOWNS and COUNTY met informally and agreed upon a booking fee to be charged by 4 COUNTY to CITIES AND TOWNS at the rate of $79.86 per booking for a period of thre 5 years. This fee was enacted by the COUNTY Board of Supervisors on May 17, 2005 to 6 take effect on July 1, 2005, at which time the Board of Supervisors also directed the 7 County Administrative Officer and County Counsel to prepare agreements with CITIES 8 AND TOWNS for later approval, and to continue meeting with city managers or other 9 representatives of CITIES AND TOWNS to define a methodology for calculation of 10 booking fees, and to establish a process to adjust the fees after expiration of the three- 11 year period in which the fees are to be imposed at the rate of $79.86 per booking. 12 CITIES AND TOWNS and COUNTY agree that the booking fee to be charged by 13 COUNTY to CITIES AND TOWNS shall be at the rate of $79.86 per booking for a 14 period of three years beginning July 1, 2005 and ending on June 30, 2008. 15 CITIES AND TOWNS and COUNTY also agree that they shall meet with each 16 other from time to time to negotiate and recommend to the Parties by July 1, 2006 a 17 defined methodology for calculation of booking fees, and a process to adjust future 18 booking fees once the present enacted fee expires on June 30, 2008. 19 On or before December 1, 2005, COUNTY agrees to provide to CITIES AND 20 TOWNS a detailed written explanation of COUNTY's methodology and a step-by-step 21 explanation of the process used for calculating booking fees for CITIES AND TOWNS. 22 Within sixty (60) days of receipt of COUNTY's methodology and process used to 23 calculate booking fees, anyone or more of CITIES AND TOWNS shall provide to all 24 other Parties a detailed written explanation of any alternative methodology and/or 25 process proposed by anyone or more of CITIES AND TOWNS. 26 Following these exchanges of information, CITIES AND TOWNS and COUNTY 27 shall meet on or before July 1, 2006 for the purposes of negotiating and 28 recommending to the Parties a methodology to calculate booking fees, and a process to Page 3 DST 264021 Booking Fees Su . Settlement Agreement.DOC 71 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 adjust the fees after expiration of the three-year period in which fees are to be imposed at the rate of $79.86 per booking. Any such recommendations shall be included in a proposed amendment to this Agreement and transmitted to each of the Parties for their approval. If, thereafter, COUNTY and CITIES AND TOWNS mutually agree upon a defined methodology for calculation of booking fees, as well as a fee adjustment process and implementation, the agreed upon methodology and process shall be implemented within thirty (30) days of the date of the executed amendment to this agreement or other agreement as the Parties deem appropriate. If, instead, no agreement is reached by COUNTY and CITIES AND TOWNS on either the methodology to be used to calculate booking fees, or on a process to adjust booking fees in the future, or on both methodology and process, on qr before January 1, 2008, an impasse shall be declared (unless COUNTY and CITIES AND TOWNS agree on a further extension of time to attempt to reach agreement on these issues). In such an event, after expiration of the three-year period in which fees are to be imposed at the rate of $79.86 per booking, COUNTY may then employ a methodology for calculation of booking fees and a process to adjust fees in the future as are allowable by law, which methodology and process anyone or more of CITIES AND TOWNS shall be free to challenge in the Superior Court of the State of California if they so desire. If that occurs, the final decision of the highest reviewing court shall thereafter be binding on the Parties concerning methodology for calculation of booking fees and the process to adjust such fees until such time as the law changes with respect thereto. All provisions contained in judgments entered in City of Adelanto, et al. v. County of San Bernardino, Judicial Council Coordination Proceeding No. 2584, and the original Settlement Agreements and supplemental settlement agreements between the Parties relating to booking fees that are not in direct conflict with the terms of this supplemental settlement agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties are freely and voluntarily entering into and Page 4 DST 264021 Booking Fees Su . Settlement Agreement.DOC 7)- 1 signing this Agreement on the respective dates indicated below. 2 Approved as to form: 3 4 5 6 7 8 9 10 11 Dated: ,2005 RONALD D. REITZ COUNTY COUNSEL By: DENNIS TILTON Deputy County Counsel Attorneys for COUNTY OF SAN BERNARDINO Dated: ,2005 RICHARDS WATSON GERSHON By: MARGUERITE P. BATTERSBY 12 Dated: 13 14 15 16 17 ,2005 ~OUNTY OF SAN BERNARDINO By: BILL POSTMUS Chairman, Board of Supervisors Dated: ,2005 CITY OF ADELANTO 18 19 20 21 22 23 24 City Clerk By: Mayor ATTEST: CITY OF ADELANTO 25 APPROVED AS TO FORM: 26 City Attorney 27 28 [mayors or city managers of all other cities and towns signing in counterpart Page 5 DST 264021 Booking Fees Su . Settlement Agreement.DOC 73 1 Dated: ,2005 2 3 4 5 6 7 ATTEST: CITY OF RANCHO CUCAMONGA 8 9 10 City Clerk 11 12 APPROVED AS TO FORM: 13 14 15 City Attorney 16 17 18 19 20 21 22 23 24 25 26 27 28 OST 264021 Booking Fees Su . Settlement Agreement.DOC CITY OF RANCHO CUCAMONGA By: Mayor Ii I . eo Of-f) L( I 206/ 1 SUPPLEMENTAL SETTLEMENT AGREEMENT RELATING 2 TO CRIMINAL JUSTICE ADMINISTRATIVE FEES 3 This Supplemental Settlement Agreement (hereinafter referred to as 4 "Agreement") is entered into between the COUNTY OF SAN BERNARDINO, for Itself, 5 its employees, servants, representatives, officers, officials, gen~ an~ departments 6 (hereinafter referred to as "COUNTY") and the CITY 0, . {',VJ1. tL.; 7 (hereinafter referred to as "CITY"). COUNTY and CITY are collectively referred 0 herei 8 as the "Parties". 9 CITY and COUNTY have previously entered into "the Settlement Agreement" 10 concerning payment of booking and processing fees (criminal justice administrative fees 11 pursuant to California Government Code section 29550) that was incorporated as part 12 of the judgment entered by the Sacramento County Superior Court in City of Adelanto, 13 et a!.. v. County of San Bernardino, Judicial Council Coordination Proceeding No. 2584. 14 References to "Settlement Agreement" in this Agreement shall mean the agreement 15 identified in the preceding sentence. This Settlement Agreement provided for the 16 COUNTY to charge actual costs for criminal justice administrative fees after February 17 10,2001. 1 B The Parties desire to change the rate provision and other provisions of the 19 Settlement Agreement for fees imposed after February 10. 2001. 20 Therefore, COUNTY and CITY agree to the following terms and conditions: 21 1. Notwithstanding Section 3.d. of the Settlement Agreement and the provisions 22 of any other Supplemental Settlement Agreement entered into between the Parties, the 23 Parties agree that the CITY shall pay a criminal justice administrative fee at the flat rate 24 of $159.72 for each bookIng and other processing, as referred to in California 25 Government Code Section 29550 and as defined in "the Order" identified in the 26 Settlement Agreement, performed by the COUNTY in connection with arrests made 27 within the jurisdictional boundaries of the CITY after February 10, 2001. This rate shall 28 remain in effect unless changed as hereinafter provided in this Agreement. Page 1 C!. 0 6/ -{y!/ /' ~ 111698215 ,~~~_~~~~~~ ~~!OT Tnn'.n7'~VW I 1 2. In the event that the COUNTY's actual costs incurred for booking and other 2 processing, as referred to in California Government Code Section 29550 and as defined 3 in "the Order" identified in the Settlement Agreement, increase by twenty-five percent 4 (25%) or more over the COUNTY's actual costs as of February 10, 2001. or in the event 5 that the State of California's reimbursement for booking fee costs incurred by the cities 6 within the County of San Bernardino is reduced by twenty-five percent (25%) or more, 7 written notice of the former event shall be given by the COUNTY to the CITY. and 8 written notice of the latter event shall be given by the CITY to the COUNTY, and the 9 Parties thereafter shall reopen negotiations concerning the rate to be charged by the 10 COUNTY for such booking and other processing. If negotiations do not result in an 11 agreement within 180 days of the date of said written notice, the provisions of Section 12 3.d. of the Settlement Agreement shall thereafter be reinstated in full such that the rate 13 charged by the COUNTY for performing the activities properly includable in booking and 14 other processing, as referred to in Califomla Government Code Section 29550 and as 15 defined In "the Order" identified in the Settlement Agreement, performed by the 16 COUNTY in connection with arrests made within the Jurisdictional boundaries of the 17 CITY shall be the amount of the actual costs incurred by the COUNTY or such lower 18 rate as the COUNTY's Board of Supervisors imposes pursuant to its authority to set 19 COUNTY fees. The COUNTY shall provide the CITY with adequate documentation 20 supporting its calculation of the criminal justice administrative fee, Nothing herein shall 21 be treated as a waiver of the ability of the CITY to contest or challenge any such 22 recalculation of the COUNTY's criminal justice administrative fee as being either 23 computationally in error or unsupported by law. 24 3. The following paragraph contained in Section 4 of the Settlement Agreement is 25 hereby deleted by the Parties and declared to be null and \loid and of no force or effect: 26 "The parties shall consider the recommendations of the joint 27 committee established in Section 6 herein, and prior to February 11, 2001, 28 shall agree on a procedure to be instituted for a City executing thIs Page 2 #169826 .. - - ~......,.... ............ .........., ....,. 0""-",,.' \ 1 Agreement to contest the proper allocation of billed criminal justice 2 administrative fees and/or interest for bookings and other processing, as 3 referred to in California Government Code section 29550 and as defined 4 in "the Order" occurring after February 10. 2001.- 5 4. Upon request of the CITY. the COUNTY, through either its Central Collections 6 Division or a contract firm used by the COUNTY, shall engage in reasonable efforts to 7 collect on behalf of the CITY all booking fee charges imposed on convicted defendants 8 by the courts which the CITY is entitled to recover under California Government COde' 9 section 29550.1. All such funds recovered by the COUNTY shall be Immediately 10 remitted to the CITY after deduction therefrom of any collection COsts incurred by the 11 COUNTY. COUNTY collection efforts under this paragraph shall only be required if 12 COUNTY detennlnes It is practical to do such work through Its Central Collections 13 Division or through a contract. 14 5. The Parties understand and agree that this Agreement is intended only to 15 supplement the Settlement Agreement reached by the Parties with respect to all matte 16 contained therein, and entered as part of the judgment, in City of Adelanto. et al.. v... 17 County of San Bernardino, Judicial Council Coordination Proceeding No. 2584. The 18 Parties hereby affinn their understanding of the tenns of that Settlement Agreement and 19 any Supplemental Settlement Agreements as well as this Agreement. and understand 20 and agree that they are still bound by all terms of the Settlement Agreement and a~~' , 21 Supplemental Agreements and the judgment in C of Adelanto e 22 Bernardino. Judicial Council Coordination Proceeding No. 2584, that are not expressly 23 modified by this Agreement or any other written Supplemental Agreements between the 24 Parties. The Parties agree that this Agreement is a binding contract and not merely a 25 recital. The Parties further understand and agree that this Agreement may not be 26 altered, amended, modified, or otherwise changed in any respect or particular 27 whatsoever, except in writing duly executed by both Parties by their authorized 28 representatives. Page 3 '7 '1ese:ze OM) Icon' a t l1zr# AgS~gllVg , Zg~V^~V ~~INn~g 6881-88(6Q6 ,"91 1QQZ,OZ'~ ~ 1 IN WITNESS WHEREOF. the Parties sign this Agreement on the respective dates 2 indicated below. 3 Approved as to form: : Dated?;""""&"" Lr. 2001 6 7 8 9 10 Dated: '5 ~/ fo 11 12 13 14 ,2001 15 DatedM;",,6' It .2001 16 ~ 17 18 19 20 Dated: fl1 {v.L /7 . 2001 21 ~ 22 23 24 25 26 27 28 #'69826 By: ALAN K. MARKS COUNTY COUN~E~ () I _ ~:1~ DENNIS TILTON Deputy County Counsel Attorneys for COUNTY OF SAN BERNARDINO L. fVIa /'; 4(1 By: d/:, /' ~...,. ~ J5~ y . / Attorneys for CITY OF 'f:::.Z:/'~/~/~/ COUNTY OF SAN BERNARDINO By: ~~ ~/~ F D AGUIAR Chairman, Board of Supervisors Page 4 7 ... ,.......... 1'...,....~ TaC~~TTVQ ~ 77~V^~W ~~T~n~g 688t-88€606 9t'9t tooz.oz'~ THE .c I T Y o F RANCUO CUCAMONGA Staff Report DAlE: TO: FROM: BY: SUBJECT: November 2, 2005 Mayor, Members of the City Council and Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Dale Catron, City Facilities Supervisor APPROVE 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 1001312-5304 RECOMMENDATION It is recommended that the City Council approve 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 $86,360 annually which includes $25,000 for anticipated extra work related to construction and opening of the Cultural Arts Center to be funded from 1001312-5304. BACKGROUND/ANALYSIS Sunshine Windows is currently under contract with the City for window washing services for city facilities. This contractor has not requested a rate increase since the inception of the contract; however, the letter of intent submitted for this fiscal year has requested a small increase of $750 annually for the stadium (for lift rental), with all other building rates remaining the same. The only other increase to the contract is the additional scope of work for the PD 3rd floor addition and the Goldy S. Lewis Community Center/James L. Brulte Senior Center. The City continues to receive exceptional service from this vendor and recommends the extension of this contract. Respectfully submitted, WiII:J!O~! L~ City Engineer 79 RANCHO CUCAMONGA .ENGINEERING DEPARTMENT Staff Report DATE: TO: FROM: BY: SUBJECT: November 2, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Michael TenEyck, Administrative Resource Manager APPROVE AND AUTHORIZE THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT TO APPLIED METERING TECHNOLOGY, INC., FOR INSTALLATION, CONFIGURATION AND METER TESTING SERVICES WITHIN THE RANCHO CUCAMONGA MUNICIPAL UTILITY SERVICE AREA TO BE FUNDED FROM 17053035309 RECOMMENDATION: It is recommended that the City Council approve and authorize the execution of a Professional Services Agreement to Applied Metering Technology, Inc., for installation, configuration and meter testing services within the Rancho Cucamonga Municipal Utility service area to be funded from 17053035309 BACKGROUND ANALYSIS: On August 31, 2001, the Rancho Cucamonga City Council authorized the creation and operation of a municipally owned utility for the purpose of providing various utility services. The Rancho Cucamonga Municipal Utility has been providing of electric service to its customers since July 2004. The Cities service area receives permanent electric service from the Rancho Cucamonga Municipal Utility via an electrical substation facility at the southeast corner of Rochester Avenue and Stadium Parkway. The substation has been operational since February 2004. With the substation operational and the backbone infrastructure installed the City has an on going need to provide retail customers with permanent metered electric service. Staff research has found (i) other cities also did research and found AMT was the only service provider available. (ii) Our researched confirmed the results of other cities. (iii) They are also certified and used by each of the three Investor Owned Utilities (Edison, San Diego So CITY COUNCIL STAFF REPORTS APPLIED METERING TECHNOLOGY, INC. November 2, 2005 Page 2 Gas and Electric, PG&E). (iv) The City was able to negotiate a lower cost compared to other cities. AMT is currently the only provider in the area certified by the California' Public Utilities Commission as a Meter Service Provider (MSP No.1 011). They are also certified by each of the three Investor Owned Utilities (IOU's) to install, maintain, test and calibrate utility meters. Additionally, AMT is an Independent System Operator (ISO) certified meter inspector. AMT is the service provider for three other recently formed municipal utilities, City of Corona, City of Industry and the City of Beaumont. Respectfully submitted, ~. ttUAl William J. O'Neil City Engineer WJO:MT <6/ RANCHO cUcAMONGA I fNGINEERING DEPARTMENT Staff Report DAlE: TO: FROM: BY: SUBJECf: November 2, 2005 Mayor and Members of the City Council Jack Lam, AlCP, City Manager William J. O'Neil, City Engineer Mark N. Brawthen, Contract Engineer 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 6TH STREET BETWEEN CHARLES SMITH AVENUE AND HYSSOP DRNE, IN CONJUNCTION WITH THE CONSTRUCTION OF PARCEL MAP 16010 (DRC2002-00750), SUBMITTED BY RKW DEVELOPMENT CORPORATION TO BE FUNDED FROM TRANSPORTATION REIMBURSEMENT ACCOUNT NUMBER 1124303565011026124-0 RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the Reimbursement Agreement for the installation of the master plan transportation facilities on the south side of 6th Street between Charles Smith Avenue and Hyssop Drive and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUNDI ANALYSIS As a Condition of Approval of Parcel Map 16010, RKW Development Corporation, the developer was required to widen the south side of 6th Street between Charles Smith Avenue and Hyssop Drive. The above-required improvements to the Master Plan Transportation System have now been completed by the Developer and accepted by the City of Rancho Cucamonga. The Developer has submitted an itemized accounting of the construction costs for the reimbursable portion of the Master Planned Transportation Facilities installed by his project. Staff has reviewed these costs and concurs that the final amount is an accurate accounting. The total cost of said reimbursable improvement is $77,668.00. The Developer paid the City <6;; CITY COUNCIL STAFF REPORT PM 16010 (DRC2002-00750) November 2, 2005 Page 2 Transportation Development fee. Said fee with respect to the Developer's project is $120,856.08 dollars. This was the fee amount paid at issuance of building permit by the Developer. Copies ofthe agreement signed by the Developer are available in the City Clerk's office. Respectfully submitted, Joe (/t/IJU William J. O'Neil City Engineer WJO:MB:pjb Attachments 3Y 66 Foothill Q) Q) > > <<: <<: Arrow .c:: Gl ...., :J ..... c: El Gl U) .'( Gl :J c: Area Gl .'( 0 1:> c: c: Gl 0 ~ ;t :;:; ~ w 4th Street City of Rancho Cucamonga ENGINEERING DIVISION 10 ~ ~ ;t Q) ~ IL. 10 10 Freeway VICINITY MAP N.T.S. Item: SRA-37 Title: VICINITY MAP EXHIBIT: 1 81/ -1l. (j) ~ ....." -" OJ -" to N o SHT. 2. Tn >< !ti~ )>r:Jl ~~ ......, ):; :: -= J: Nt.I,< N t.I III . III o 'C ~ 0 - (,0 :::::I (,0 <' (l) ',,", -.........:: '---' ':0 ,l ( ( ') ~ iii' ... 5' '" \~ ( / '\ , -I 1 1 ~ ;;:I ;;D' 3~' . 'en ..... CD CD ....., . '., :.. elt "tI :> ;:0 () m"tl rm ~g )>- "'0-" ~ 0) o -" o 18+01,96 Property Line 01 f; 7' I)) o z rn AI JT\ - oS OJ s: m s JT\ Z -I r- - ~ ::; If~ ~ _...l:cn ~ =r io ' _::I. (If N~ <-! (j) :c [i1 [T1 -f - o TJ N 4 ......\. W ......\. ~ ......\. (J'J ....lo. en f71 (JIX .:::u:r: )>- ,0:1 - <.AI"'; -."j . ~ 1"1 !;1 I ~ I .5 ~ I :e I , / ~r '\(/~ I 1I~)i l Jh 1111/11111 , III~IIIII III I . II 1m 1111 III ate 15 ;If - t5\ -f % /. .', 3+0Q..4~ lli06.92 feR \ l~t8L' g n " OJ o ~ ~ i OJ c: ;0 rIl fT1 ~ ;:: -t r- j - -f (') :l> ~ JJ J> 2 V\ ;AI - ~ ....... -l I o Tl I < ~ -< 18 V' ::x: JT1 f11 -1 N C> TJ N MAiCH LINE SHT. I ---- - ~ ..........._-~ ~\.~ EXHIBIT "B" OUTLINE OF BACKBONE SYSTEM IMPROVEMENT COSTS FOR SRA-37 I. ENGINEERING/DESIGN: A. Street hnprovement Plans B. Street Survey Services $3,622.84 $2,575.64 TOTAL ENGINEERING/DESIGN $6,198.48 II. CONSTRUCTION: A. Paving $25,472.40 B. Removals $4,831.47 C. Aggregate Base $8,712.76 D. Curb & Gutter $4,068.24 E. Fine Grade $5,608.24 F. Roadbed Mass Excavation $3,546.83 G. Verizon (Vault Relocation) $12,336.00 H. Sidewalk $3,595.00 TOTAL CONSTRUCTION $68,170.94 III. INSPECTION/TESTING/BONDS A. Soils $1,480.00 B. Permit City of Rancho Cucaffionga $1,073.58 C. Bonds $745.00 TOTAL INSPECTION/TESTING/BONDS $3.298.58 TOTALSlXTHSTREETBACKBONESYSTEM $77,668.00 IV. CITY OF RANCHO CUCAMONGA FEE CREDIT $0.00 TOTAL ELIGIBLE FOR REIMBURSEMENT $77,668.00 rJ7 RESOLUTION NO. OS - ~ 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 WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Reimbursement Agreement for Master Plan Transportation Facility, submitted by RKW Development Corporation, the Developer, for construction of the south side of 6th Street between Charles Smith Avenue and Hyssop drive, in conjunction with the construction of Parcel Map 16010; and WHEREAS, the Developer, at the Developer's expense, has completed the construction of the south side of 6th Street between Charles Smith AvenUe and Hyssop Drive. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Reimbursement Agreement is hereby approved, and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest hereto and cause said Agreement to record. <gg RANCHO cUcAMONGA '1 ENGINEERING DEPARTMENT Staff Report DAlE: TO: November 2, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Tasha Hunter, Public Service Tech I ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2002-00132 LpCATED AT THE NORTHEAST CORNER OF 6TH STREET AND CLEVELAND AVENUE, SUBMITTED BY 6TH AND CLEVELAND, T.I.C. RECOMMENDATION: FROM: BY: SUBJECT: The required improvements for DRC2002-00132 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of DRC2002-00132, located at the northeast corner of 6th Street and Cleveland Avenue, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: 6th and Cleveland, T.I.C.: 2131 S. Grove Ave., Ste. M, Ontario, Ca 91761 Release: Accept: Faithful Performance Bond # 104330777 (Bond No.) Maintenance Bond # 104540795 (Bond No.) $252,600.00 $ 25,260.00 Respectfully submitted, C;Ce?~I~ William J. O'Neil City Engineer WJO:TCH Attachment( s) 87 /I ARROW ROUTE J PROJECT- 1 '"" ff ... 71ll ST. ~ .. ....... ~ ,1.1 ~ !l! -< ~ I 81H ST. ~ ) :z: :Ii J 41lf ST. \ .- r-.... ~ .- r-.... \1111 - ... N CITY OF RANCHO CUCAMONGA ITEM: TITLE: ENGINEERING DIVISION 96 RESOLUTION NO. 05,,3)1 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 WHEREAS, the construction of public improvements for DRC2002-00132 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. 9( RANCHO cUcAMONGA r::.- ENGINEERING DEPARTMENT SiaffReport DATE: TO: FROM: BY: SUBJECT: November 2, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Cindy Hackett, Associate Engineer" ~/ Richard Oaxaca, Engineering Tec~~ RELEASE OF FAITHFUL PERFORMANCE BOND NO. 08658626 IN THE AMOUNT OF $589,162.00, FOR THE MILLIKEN AVENUEIWILSON 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 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Faithful Performance Bond No. 08658626 in the amount of $589,162.00 for the Milliken AvenueIWilson 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. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Contractor: Laird Construction Co., Inc. 9460 Lucas Ranch Road Rancho Cucamonga, CA 91730 Respectfully submitted, 'foe ()Z/i~l{ William J. O'Neil City Engineer WJO:CH/RO:/s Attachments Cf;) . . MILLIKEN AVENUE/WILSON AVENUE EXTENSION MTT.T.1T{F.N AVE.- FROM 1380'z NORTH OF BANYAN STREET TO WILSON AVE. WIlSON AVENUE - FROM DAYCREEK CHANNEL TO UTU'.'TTOl!N AVENUE .- :-"1 I : : I I ~ u w 0 ... !1l::J: . 6THST 0.. . '" 0 ~..rnl..~~.a.l._.. ~ ._~_.. / /1..... CITY OF RANCHO CUCAMONGA , 7T .. Y ( U 1...J''r' \. VICINITY MAP ~93 RANCHO cUcAMONGA l ENGINEERING DEPARTMENT Staff Report DAlE: TO: FROM: BY: SUBJECT: November 2, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Maria Perez, Associate Engineer ~ Richard Oaxaca, Engineering Technician~ RELEASE OF 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 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release 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. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Contractor: Dye and Browning Construction, Inc. 10640 Redwood Avenue Fontana, CA 92337 Respectfuily submitted, j6eVVuU William J. O'Neil City Engineer WJO:MP/RO:ls Attachments crt! VICINITY MAP ADA 2003/2004 ACCESS RAMP IMPROVEMENTS AT VARIOUS LOCATIONS '. PRO.JECT LOCATION .oJ'". ~- Di ., . i" , g /.. 'iC .' >r-~' ~ ~ .- -' j , ,~: u.~."," ""'.. 'WilsDn Av j . I I a c:l ....~JlI '\iO:__~ c~ .. :; e ~ 'i ... :: .:z 4th st ~ Freewa "" !5 i I ;I m . 95 RANCHO CUCAMONGA l _._ ENGINEERING DEPARTMENT Staff Report DATE: November 2, 2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer Jerry A. Dyer, Senior Civil Engineer IVV Richard Oaxaca, Engineering TechniJan~ ACCEPT THE RENOVATION OF TVVO BASEBALL FIELDS AT RED HILL COMMUNITY PARK, CONTRACT NO. 05-057 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $37,352.50 BY: SUBJECT: RECOMMENDATION It is recommended that the City Council accept the Renovation of Two Baseball Fields at Red Hill Community Park, Contract No. 05-057, as complete, authorize the City Engineer to file a Notice of Completion, accept a Maintenance Bond, release the Faithful Performance Bond, authorize the release of the Labor and Materials Bond in the amount of $37,352.50 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $3,735.25, 35 days after acceptance. Also, approve the final contract amount of $37,352.50. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Renovation of Two Baseball Fields at Red Hill Community Park scope of work consisted of re- grading and re-sodding two Red Hill Community Park baseball fields at the infield/outfield interface. Pertinent information of the project is as follows: J;- Budgeted Amount: J;- Account Numbers: J;- Engineer's Estimate: $45,000.00 11203055650/1222120-0 $40,910.00 9~ CITY COUNCIL STAFF REPORT Re: Accept the Renovation of Two Baseball Fields at Red Hill Community Park November 2, 2005 Page 2 ~ City Council's Approval to Advertise: April 20, 2005 ~ Publish dates for local paper: April 26, 2005 & May 3, 2005 ~ Bid Opening: May 24, 2005 ~ Contract Award Date: June 15, 2005 ~ Low Bidder: ~ Contract Amount: ~ 10% Contingency: ~ Final Contract Amount: ~ Difference in Contract Amount: Athletic Field Specialists, Inc. $37,352.50 $3,735.25 $37,352.50 $0.00 (0.00%) The project was completed as per contract plans and specifications with no change orders. Respectfully submitted, Lj6'C (A~ William J. O'Neil City. Engineer WJO:JAD/RO:ls Attachments ?7 BANYAN T tvIl50N AVE I ~D U'\ ~ ... ~ Cl 8TH 5T GTI1 5T 4TH 5T ONTARIO CITY UMIT PROJECT LOCATION CITY OF RANCHO CUCAMONGA BBD BILL COmmNlTr PABK RENOVA.TION OF TWO lIAmlRU.J. PJELDS VICINITY MAP RESOLUTION NO. D5 - 3O~ 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 WHEREAS, the Renovation of Two Baseball Fields at Red Hill Community Park, Contract No. 05-057, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. ~7 ORDINANCE NO. 748 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. A. RECITALS. 1. Government Code Section 65852.2 requires each city to adopt an ordinance that allows second dwelling units in response to the critical need for affordable housing statewide. The purpose of this Ordinance is to amend the City's Development Code and adopt those regulations necessary in order to comply with Section 65852.2. 2. Government Code Section 65852.2 defines a second unit as "an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, on the same parcel as the single-family dwelling is situated." A second dwelling unit also includes an efficiency unit as defined in Health and Safety Code Section 17958.1 and a manufactured home as defined in Health and Safety Code Section 18007." Efficiency units are defined as "units for occupancy by no more than two persons which have a minimum floor area of 150 square feet and which may also have partial kitchen or bathroom facilities." Manufactured homes are defined as "a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this part. 'Manufactured home' includes a mobilehome subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et seq.)." 3. On September 14, 2005, the Planning Commission of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing concerning the Development Code amendments contained herein, as required by law. At the conclusion of the hearing, the Planning Commission recommended adoption of said amendments. 4. On October 19, 2005, the City Council of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing concerning the Development Code amendments contained herein as required by law. 17:1.) 5. All legal prerequisites to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, the City Council hereby ordains as follows: SECTION 1: The facts set forth in the Recitals. Part A of this Ordinance, are true and correct. SECTION 2: The provisions of this Ordinance and the Development Code amendments contained herein have been reviewed and considered by the City Council in accordance with the provisions of the California Environmental Quality Act, as amended, and the Guidelines promulgated thereunder. The City Council finds that this Ordinance and said Development Code amendments are exempt from the requirements of the California Environmental Quality Act pursuant to the provisions of Section 1S061(b)(3) of the Guidelines. SECTION 3: Section 17.02.140.C Definition for Second Dwelling Unit, of Title 17 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "SECOND DWELLING UNIT: A detached or attached dwelling unit, which provides complete, independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel or parcels as the primary unit is situated. A second dwelling unit also includes an efficiency unit as defined in Health and Safety Code Section 17958.1 and a manufactured home as defined in Health and Safety Code Section 18007." SECTION 4: Table 17.08.030 Use Regulations of Title 17 of the Rancho Cucamonga Municipal Code is hereby amended to permit second dwelling units in all residential districts as shown in the attached Exhibit A. SECTION 5: Section 17.08.030.E. Special Use Regulations, subsection 6 Second Dwelling Units, of Title 17 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "6. Second Dwellinq Units. Permitted subject to the following criteria: a. The unit may be constructed as an accessory building or attached to the primary residence on a parcel in a single-family and multi-family residential districts. I/)I b. The unit is not for sale, but for rental purposes only, or use by a member of the immediate family. c. The lot contains an existing single-family detached residence, and does not contain a guest house. d. The unit shall not exceed 640 square feet if the parcel is less than 20,000 square feet; if greater than 20,000 square fe.et, the second unit can exceed 640 square feet but may not be greater than 950 square feet or 30 percent of the main dwelling unit, if attached. (Unit size is exclusive of enclosed parking space requirement.) Lot Size: A second dwelling unit may be established on a lot or parcel of land having a minimum of 10,000 square feet. Height: A detached second dwelling unit shall be limited to one story, shall not exceed 16 feet in height, and shall not exceed the height of the main dwelling unit. e. The unit shall have a separate entrance from the main residence. f. The unit shall provide parking and access per Chapter 17.12 and provide one enclosed parking space per bedroom, not to exceed two enclosed spaces per unit. The enclosed parking space shall not be located in the required front or side yard setback for the primary unit. Temporary removable units shall provide one off-street parking space. g. The unit construction shall conform to the site development criteria applicable to accessory buildings or additions to main residence in the base district in which the unit is located. h. The unit shall match the architectural style of the primary residence in design features, such as but not limited to, material, colors, roofing, scale, surface treatments, and details. i. The unit shall conform to the Hillside andlor Equestrian Overlay District in which it is located. j. The use of temporarylremovable structures for a second dwelling unit shall be restricted to the area at the rear of the primary residence and adhere to all development criteria in this section. ( D).. k. The applicant shall submit to the Building and Safety Department written certification from the affected water and sewer district that adequate water and sewer facilities are or will be available to serve the proposed unit. For units using septic facilities allowable by the Santa Ana Regional Quality Control Board and the City, written certification of acceptability including all supportive information shall be submitted." SECTION 6: Severabilitv. The City Council declares that should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. SECTION 7: The City Clerk shall certify to the adoption of this Ordinance. 11)3 EXHIBIT A Table 17.08.030- Use Regulations for Residential Districts USE VL L LM M MH H A. Residential Uses Single-Family Detached P P P P' - - Single-Family Attached (du-, tri- and four-plex) - - P P P P Multiple Family Dwellings - - P' P P P Mobile Home Parks C C C C C C B. Other Uses 1. Animal Care Facility C - - - - - Cemetery C C C C C C Church C C C C C C Club, Lodge, Fraternity & Sorority - C C C C C College or University C C C C C C Convalescent Center - - C C C C Public Facility C C C C C C Day Care Facility Accessory - 6 or less P P P P P P Non-Accessory - 7 or more C C C C C C Fire & Police Station C C C C C C Hospital - - C C C C Outdoor Recreation Facility (non-commercial) C C C C C C Public Park and Playground P P P P P P Residential Care Facility Accessory - 6 or less P P P P P P Non-Accessory - 7 or more - - C C C C Schools, Private & Parochial C C C C C C Stable, Commercial C - - - - - Stable, Private P - - - - - Utility or Service Facility C C C C C C Recreational Vehicle Storage or Mini- C C C C C Storage for public u~e !v'! C. Accessorv Uses 2. Accessory Structure P P P P P P Antenna P P P P P P Caretaker's Residence C C C C C C Guest House P P P - - - Home Occupation P P P P P P Lodging Unit P P P - - - Other Accessory Uses P P P P P P Private Garage P P P P P P Private Swimming Pool P P P P P P Second Dwelling Unit (including elder cottage) P P P P P P Feed and Tack Store (if accessory tc C commercial stable) - - - - - Dormitory (if accessory to college or school) C C C C C C Uses in Historic Structures C C C C C C D. Temporarv Uses 3. Temporary Uses as prescribed in Section P P P P P P 17.04.070 and subject to those provisions. Temporary trailers for use in conjunction with religious and agricultural uses for a C C C C C C specified interim period. Note: Symbol * indicates permitted in conjunction with optional development standards only. P = Permitted Use C = Conditional Use Permit required" /7>5 ORDINANCE NO. 749 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. RECITALS. (i) Government Code Section 65915 requires each City to adopt 'an ordinance that specifies how residential density bonuses and related incentives shall be granted. The purpose of this Ordinance is to amend the City's Development Code and adopt those procedures necessary in order to comply with Section 65915. (ii) On , 2005, the Planning Commission of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing concerning the Development Code amendments contained herein, as required by law. At the conclusion of the hearing, the Planning Commission recommended adoption of said amendments. (iii) On , 2005, the City Council of the City of Rancho Cucamonga conducted and concluded a duly noticed public hearing concerning the Development Code amendments contained herein as required by law. (iv) All legal prerequisites to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, the City Council hereby ordains as follows: SECTION 1: The facts set forth in the Recitals, Part A of this Ordinance, are true and correct. SECTION 2: The provisions of this Ordinance and the Development Code amendments contained herein have been reviewed and considered by the City Council in accordance with the provisions of the California Environmental Quality Act, as amended, and the Guidelines promulgated thereunder. The City Council finds that this Ordinance and said Development Code amendments are exempt from the requirements of the California Environmental Quality Act pursuant to the provisions of Section 1S061(b)(3) of the Guidelines. SECTION 3: Chapter 17.40 of Title 17 of the Rancho Cucamonga Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation of said chapter occurring prior to the effective date of this Ordinance. IDIo SECTION 4: A new Chapter 17.40 is hereby added to Title 17 of the Rancho Cucamonga Municipal Code to read as follows: Chapter 17.40 AFFORDABLE HOUSING INCENTIVES/DENSITY BONUS PROVISIONS Sections: 17.40.010 17.40.020 17.40.030 17.40.040 17.40.050 17.40.060 17.40.070 17.40.080 17.40.090 17.40.010 Purpose. Purpose. Definitions. Implementation. Types of bonuses and incentives allowed. Requirements for projects with affordable units. Development standards. Processing of bonus requests. Density bonus housing agreement. Changes in State density bonus laws. The purpose of this chapter is to provide incentives for the production of housing for very low income, lower income, moderate income, and senior households. in accordance with Government Code Sections 65915-65918. In enacting this chapter, it is the intent of the City to facilitate the development of affordable housing and to implement the goals, objectives and policies of the housing element of the City's General Plan. 17.40.020 Definitions. Whenever the followin9 terms are used in this chapter, they shall have the meanin9s established by this section: A ADDITIONAL INCENTIVE: A regulatory concession as described in Government Code Section 65915 that may include, but not be limited to, the reduction of site development standards or zoning code requirements, approval of mixed-use zoning in conjunction with the housing development or any other regulatory incentive, which would result in identifiable cost avoidance or reductions, that are offered in addition to a density bonus. AFFORDABLE RENT: Monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low, lower- or moderate- income households, not exceeding the following calculations: 1. Very Low-Income. Unless otherwise provided by law, households at fifty percent of the area median income, adjusted for household size, multiplied by thirty percent and divided by twelve; 2. Lower-Income. Unless otherwise provided by law, households at eighty percent of the area median income, adjusted for household size, muitiplied by thirty percent and divided by twelve. 3. Moderate-Income. Unless otherwise provided by law, households at 120 percent of the area median income, adjusted for household size, multiplied by thirty percent and divided by twelve. /D? . AFFORDABLE SALES PRICE: A sales price at which lower or very low income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for the housing development. D DENSITY BONUS: A density increase of up to those percentages above the otherwise maximum residential density, specified in this chapter. DENSITY BONUS HOUSING AGREEMENT: A legally binding agreement between a developer of a housing development and the city, which ensures that the requirements of this chapter and State density bonus law are satisfied. The agreement shall establish, among other things, the number of target units, their size, location, terms and conditions of affordability and production schedule. DENSITY BONUS UNITS: Those residential units granted pursuant to the provisions of this chapter, which exceed the maximum residential density for the development site. H HOUSING COST: The sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees and a reasonable allowance for utilities. HOUSING DEVELOPMENT: Construction projects consisting of five or more residential units or lots, including single-family and multi-family, that are proposed to be constructed pursuant to this chapter. L LOWER INCOME HOUSEHOLD: Household whose income does not exceed the lower income limits applicable to San Bernardino County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5. M MAXIMUM RESIDENTIAL DENSITY: The maximum number of residential units permitted by the City's General Plan Land Use Element and Development Code, applicable to the subject property at the time an application for the construction of a housing development is deemed complete by the City, excluding the additional units permitted by this chapter. MODERATE INCOME HOUSEHOLD: Household whose income does not exceed the moderate income limits applicable to San Bernardino County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50093. N NON-RESTRICTED UNITS: All units within a housing development excluding the target units. S SENIOR CITIZEN HOUSING: A housing development consistent with the California Fair Employment and Housing Act, that has been 'designed to meet the physical and social needs of senior citizens,' and which otherwise qualifies as 'housing for older persons;' as that phrase is used in the Federal Fair Housing Amendments Act of 1988 and its implementing regulations, and as that phrase is used in Civil Code Section 51.3. (OD T TARGET UNIT: reserved for sale or rent households. A dwelling unit within a housing development, which will be to, and affordable to, very low-, lower- or moderate- income V VERY LOW INCOME HOUSEHOLD: Household whose income does not exceed the very low income limits applicable to San Bernardino County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50105. 17.40.030 Implementation. A. The City shall grant a density bonus and additional incentives to an applicant who agrees to provide the following Target Units: 1. Lower Income Units. Designate at least ten percent of the total units of a housing development, or such other percentage provided by law, as target units affordable to lower income households; or 2. Very Low Income Units. Designate at least five percent of the total units of a housing development, or such other percentage provided by law, as target units affordable to very lo~ income households. 3. Moderate Income Condominium or Planned Development Units. Designate at least ten percent of the total units of a condominium project, as defined in Civil Code Section 1351(1), or planned development as defined in Civil Code Section 1351(k), or such other percentage provided by law, as target units affordable to moderate income households. 4. Any Senior Housing Development. 5. Donation of land pursuant to Government Code Section 6S915(h). B. In determining the number of density bonus units to be granted pursuant to this section, the maximum allowable residential density for the site shall be computed as follows: 1. Lower Income Household. The maximum allowable residential density for the site shall be increased by twenty percent provided, however, that for each one percent increase above ten percent in the percentage of units affordable to lower income households, the density bonus shall be increased by 1.5 percent up to a maximum of thirty-five percent. 2. Very Low Income Household. The maximum allowable residential density for the site shall be increased by twenty percent provided, however, that for each one percent increase above five percent in the percentage of units affordable to very low income households, the density bonus shall be increased by 2.5 percent up to a maximum of thirty-five percent. 3. Moderate Income Condominium or Planned Development. The maximum allowable residential density for the site shall be increased by five percent provided, however, that for each one percent increase above ten percent of the percentage of units affordable to moderate income households, the density bonus shall be increased by one percent up to a maximum of thirty-five percent. /cj 4. Senior Housing Development. The maximum allowable residential density for the site shall be increased by twenty percent. 5. Certain Donations of Land. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city that satisfies the requirements of Government Code Section 6S91S(h), and complies with all procedural requirements of that subsection, including recordation of a deed restriction, then the maximum allowable residential density for the site shall be increased by fifteen percent provided, however, that for each one percent increase above the minimum percentage of land required to be donated pursuant to Government Code Section 6S91S(h), the density bonus shall be increased by one percent up to a maximum of thirty-five percent. This increase shall be in addition to any increase required by Section 17.40.030A of this Chapter, up to a maximum combined density increase of thirty-five percent if an applicant seeks both the increase required by this subsection and by Section 17.40.030A. All density calculations resulting in fractional units shall be rounded up to the next whole number. The density bonus shall not be included when determining the percentage of target units. When calculating the required number of target units, any resulting fraction of units shall be deleted. C. Number of Incentives. 1. One density bonus and one incentive shall be provided to a developer who agrees to construct at least ten percent of the total units for lower income households, five percent of the total units for very low income households, or ten percent of units in a condominium or planned development for moderate income households. A density bonus and two incentives shall be provided to a developer who agrees to construct at least twenty percent of the total units for lower income households, ten percent of the total units for very low income households, or twenty percent of units in a condominium or planned development for moderate income households. A density bonus and three incentives shall be provided to a developer who agrees to construct at least thirty percent of the total units for lower income households, fifteen percent of the total units for very low income households, or thirty percent of units in a condominium or planned development for moderate income households. In cases where a density increase of more than the amount specified in Section 17.40.030.B is requested, the density increase, if granted, shall be considered an additional incentive. 2. In cases where the developer agrees to construct a housing development that qualifies for a density bonus pursuant to Section 17.40.0'30A of this Chapter, that includes a childcare facility as defined in Government Code Section 6591S(i)(4), the developer shall be entitled to an additional density bonus that is an amount of square feet of residential space equal to or greater than the amount of square feet in the childcare facility; or an additional incentive described in Section 17.40.040 of this Chapter, that contributes significantly to the economic feasibility of the construction of the childcare facility. Any such childcare facility shall comply with the following: a. The childcare facility shall remain in operation for a period of time that is as long or longer than the period of time during which the density bonus units are required to remain affordable; !ID b. Of the children who attend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income, pursuant to this chapter. c. Notwithstanding the foregoing, City shall not be required to provide a density bonus or incentive for a childcare facility when it is found, based upon substantial evidence, that the city has adequate childcare facilities. 17.40.040 Types of bonuses and incentives allowed. A. Density Bonus. The density bonus allowed by this chapter shall consist of those density increases specified in Section 17.40.030, above the maximum residential density applicable to the site as of the date of the project land use permit application. A single development project shall not be granted more than one density bonus in compliance with this chapter. The City shall provide a density bonus and an additional incentive for qualified developments, upon the written request of a developer unless the City makes the written findings set forth in Government Code Section 65915(d)(1). The development incentive granted shall contribute significantly to the economic feasibility of providing the target units. Any applicant seeking a waiver or modification of development or zoning standards shall show that such waiver or modification is necessary to make the housing development economically feasible. This requirement may be satisfied by reference to applicable sections of the housing element of the City's General Plan. B. Other incentives. If requested by the applicant, a qualifying project shall be entitled to at least one of the following incentives, unless the City makes the findings required by Government Code Section 6S91S(d)(1): 1. Types of Incentives. The allocation of an additional incentive shall be determined on a case-by-case basis. The additional incentive may include, but is not limited to any of the following: a. A reduction in site development standards or a modification of the requirements of this Development Code, which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code. These may include, but are not limited to, one or more of the following: . Reduced minimum lot sizes andlor dimensions. . Reduced minimum lot setbacks. . Reduced minimum outdoor andlor private outdoor open space. . Increased maximum lot coverage. . Increased maximum building height. . Reduced on-site parking standards. . Reduced minimum building separation requirements. . Other site or construction conditions applicable to a residential development. III b. Mixed use zoning to allow the housing development to include nonresidential uses andlor allow the housing development within a nonresidential zone. Approval of mixed use activities in conjunction with the housing development if other land uses will reduce the cost of the housing development, and the other land uses are compatible with the housing development and the existing or planned development in the area, and is consistent with the General Plan. c. Another regulatory incentive or concession proposed by the applicant and agreed to by the City, that results in identifiable, financially sufficient, and actual cost reductions. Permissible incentives include direct financial aid (e.g., redevelopment set-aside, Community Development Block Grant (CDBG) funding) in the form of a loan or a grant to subsidize or provide low interest financing for on or off-site improvements, land, or construction costs. d. . A density bonus of more than thirty-five percent. e. Waived, reduced or deferred plan check, construction permit andlor development impact fees (e.g., capital facilities, park, traffic, etc.). 2. Requirements. a. Economic feasibility. Any development incentive granted shall contribute to the economic feasibility of providing the target units. b. Waivers or modifications. An applicant seeking a waiver or modification of development or zoning standards shall show that the waiver or modification is necessary to make the housing development economically feasible assuming a reasonable rate of return (e.g., at a minimum, an application shall include itemized accounting of projected costs and revenues of the development). c. Revenue. Project revenues shall include moneys from the sale or rental of all units, including the density bonus units. d. Costs. Projected costs: i. Shall not include the 'lost opportunity' cost of the target units (e.g., the amount that would have been generated had the target units been rented or sold at market rate). ii. May include items that are required solely because of the inclusion of the density bonus units and would not have been required without the units. 17.40.050 Requirements for density bonus projects. A. The entry into and execution of the Density Bonus Housing Agreement shall be a condition of any application for a discretionary planning permit (e.g., tract maps, parcel maps, site plans, planned development, or conditional use permits) for a housing development proposed pursuant to this chapter. The agreement shall be recorded at the applicant's cost as a restriction running with the land on the parcel or parcels on which the target units will be constructed. The owner's obligation to maintain units as affordable housing shall be evidenced in the Density Bonus Housing Agreement. The agreement shall indicate the household type, number, location, size, and construction scheduling of all affordable units and any other information required by the City to determine the applicant's compliance with this chapter. II> B. Target units shall remain restricted and affordable to the designated group for a period of thirty years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), or otherwise as provided by law. C. In determining the maximum affordable rent or affordable sales price of target units the following household and unit size assumptions shall be used, unless the housing development is subject to different assumptions imposed by other governmental regulations: ISRO (residential ..~otel)1175% of1 person i I unit IIStudio - J -----.---. 111 person J 1-'-'--'-."--- --- -'--- -- - - !11 bedroom ..-J12 persons I I- -~- ,13 per~()~s 112 bedroom I ...1 I~- _ JI4 rersons J 3 bedroom -- - 14 bedroom !I? persons I - --- - i D. Those units targeted for lower income households shall be affordable at a rent that does not exceed current Housing and Urban Development (HUD) income limits for lower income households for the county, adjusted for household size. E. Those units targeted for very low income households shall be affordable at a rent that does not exceed current HUD income limits for very low income households for the county, adjusted for household size. F. An applicant shall agree that the initial occupants of the moderate-income units in the condominium project or in the planned development are persons and families of moderate income, as defined in Health and Safety Code Section 50093. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in Health and Safety Code Section 33334.2(e), that promote homeownership. For purposes of this subsection, the City's proportionate share of appreciation shall be equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of initial sale. G. The owner shall submit annually, and within thirty days of occupancy of a target rental unit, a certificate of compliance, which shall include the name, address, and income of each tenant occupying the target unit. H. The owner shall maintain and keep on file annual sworn and notarized income statements and current tax returns for all tenants occupying the target rental units. I. The owner shall provide to the City any additional information required by the City to insure the long-term affordability of the target units by eligible households. 113 J. The City shall have the right to inspect the owner's project-related records at any reasonable time and shall be entitled to audit the owner's records once a year. K. The City may establish fees associated with the setting up and monitoring of target units. L. All for-sale target units shall be occupied by their purchasers; no renting or subleasing shall be permitted. 17.40.060 Development standards. A. Target units shall be constructed concurrently with non-restricted units unless both the City and the applicant agree within the Density Bonus Housing Agreement to an alternative schedule for development. B. Target units shall be built on-site wherever possible and when practical, be dispersed within the housing development. Where feasible, the number of bedrooms of the target units shall be equivalent to the bedroom mix of the non-target units of the housing development, except that the developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total housing development. All housing developments shall comply with all applicable development standards, except those standards, which may be modified as provided by this chapter. Deviations from these provisions may only be permitted as part of an approved Density Bonus Housing Agreement. C. Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alternative development site. Where the applicant and the City form an agreement, the resulting linked developments shall be considered a single housing development for purposes of this chapter. Under these circumstances, the applicant shall be subject to the same requirements of this chapter for the target units to be provided on the alternative site. D. Special parking requirements. Upon request of the developer of a housing development qualifying for a density bonus pursuant to this chapter, the City shall permit vehicular parking ratios, inclusive of handicapped and guest parking, in accordance with the following standards: 1. 0-1 bedrooms: One on-site parking space. 2. 2-3 bedrooms: Two on-site parking spaces. 3. 4 or more bedrooms: Two and one-half parking spaces. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a housing development may provide 'on-site parking' through tandem parking or uncovered parking, but not through on-street parking. 17.40.070 Processing of density bonus requests. ilL{ An application for a Density Bonus Housing Agreement pursuant to this chapter shall be processed as part of the application for a housing development. An application for a housing development shall not be determined 'complete' for purposes of Government Code Section 65920, et seq., unless and until the City Council has given preliminary approval of the form and content of a Density Bonus Housing Agreement, which complies with the provisions of this chapter. The process for obtaining preliminary approval of the Density Bonus Housing Agreement, shall be as follows: A. Filing. An applicant proposing a housing development pursuant to this chapter shall submit an application for a Density Bonus Housing Agreement as part of the submittal of any formal request for approval of a housing development. The application, whether a pre- application or a formal application, shall include: 1. A brief description of the proposed housing development, including the total number of units, target units, and density bonus units proposed; 2. The zoning and general plan designations and assessor's parcel number(s) of the project site; 3. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways, and parking layout; and 4. If an additional incentive is requested, a description of why the additional incentive is necessary to provide the target units. B. Review of Density Bonus Request. 1. Within ninety days of receipt of the application for a Density Bonus Housing Agreement and a housing development, the City shall provide to an applicant a letter, which identifies project issues of concern, and the procedures for compliance with this chapter. 2. If additional incentives are requested, the City Planner shall inform the applicant that the requested additional incentives shall or shall not be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives shall be recommended for consideration in lieu of the requested additional incentives. If the City Planner recommends alternative or modified incentives, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the request~d incentives. 17.40.080 Density bonus housing agreement. A. The terms of the draft Density Bonus Housing Agreement (the 'agreement') shall be reviewed and revised as appropriate by the City Planner and the City Attorney who shall formulate a recommendation to the Planning Commission for review and the City Council for final approval. B. Following execution of the agreement by the applicant and the City, the completed agreement, or memorandum thereof, shall be recorded. The conditions contained in the agreement shall be filed and recorded on the parcel or parcels designated for the construction of target units as a condition of final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The agreement shall be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application. //6 C. At a minimum, the Agreement shall include the following: 1. The total number of units proposed within the housing development, including the number of target units; 2. A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost; 3. The location, unit sizes (square feet), and number of bedrooms of target units; 4. Tenure of use restrictions for target units of at least thirty years; S. A schedule for completion and occupancy of target units; 6. A description of any additional incentive being provided by the city; 7. A description of remedies for breach of the agreement by either party (the City may identify tenants or qualified purchasers as third party beneficiaries under the agreement); and 8. Other provisions to ensure implementation and compliance with this chapter. D. In the case of for-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period: 1. Target units shall, upon initial sale, be sold to and occupied by eligible very low, lower income, or, in the case of a condominium or planned development, moderate income households at an affordable sales price and housing cost, or to qualified senior citizen residents (i.e., maintained as senior citizen housing). 2. The initial purchaser of each target unit shall execute an instrument or agreement, approved by the City Attorney, restricting the sale of the target unit in accordance with this chapter during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain provisions as the City may require to ensure continued compliance with this chapter and the State density bonus law. E. In the case of rental housing developments, the agreement shall provide for the following conditions governing the use of target units during the use restriction period: 1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies and the proper management and maintenance of target units for qualified tenants; 2. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter; and 3. Provisions requiring owners to submit an annual report to the City, which includes the name, address and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit. 11/0 17.40.090 Changes in State density bonus laws. It is the intent of the City Council that the provisions of this chapter shall be interpreted so as to fulfill the requirements of Government Code Section 65915 et seq., notwithstanding changes in State laws revising percentages, numerical thresholds andlor other standards applicable to the granting of density bonuses or related incentives that may occur after the effective date of this chapter. Accordingly, it is the further intent of the City Council that any such changed percentages, numerical thresholds or other standards shall be deemed to supersede and govern any conflicting percentages, numerical thresholds or other standards contained in this chapter, to the maximum extent permitted by law. SECTION 5: Severabilitv. The City Council declares that should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance. /17 THE CITY OF _ ~~,- .,}!' RANCUO CUCAMONGA Staff Report DATE: TO: FROM: BY: SUBJECT: November 2, 2005 Mayor and Members of the City Council Jack Lam, AICP, City Manager Dan Coleman, Acting City Planner Michael Diaz, Senior Planner CONSIDERATION OF APPEAL OF PLANNING COMMISSION DECISION REGARDING THE AMENDING OF 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 THE SEPTEMBER 21, 2005, CITY COUNCIL MEETING). RECOMMENDATION: Staff recommends that the City Council review the record and consider the public testimony presented on the matter and provide direction to staff and the City attorney as to the preparation of an appropriate resolution for final action at the next available meeting date. BACKGROUND/ANALYSIS: On June 22 and July 13, 2005, the Planning Commission took public testimony and discussed the issues regarding the operation of Margarita Beach. At the conclusion of the July 13th meeting, the Planning Commission voted 4 to 1 to approve Resolution No's. 05-50 and 05-51 (Exhibits A and B), thereby modifying the conditions of approval for Conditional Use Permit 94-01 (allowing a restaurant and bar) and the associated Entertainment Permit 91-03. Extensive background information regarding Margarita Beach is contained in both the staff reports and the exhibits prepared for the above mentioned public hearings (Exhibit C1). In brief, the major changes imposed by the modified conditions included the following: . Specified that the primary use of the business shall be a restaurant with the ancillary service of alcoholic beverages. . Modified hours of operation of restaurant - 11 :00 a.m. to Midnight. . Entertainment is limited between the hours of 8:00 p.m. to Midnight. . Specifically prohibited adult entertainment as defined by the Rancho Cucamonga Municipal Code. . On-site parking restrictions. . Required security personnel. (I g CITY COUNCIL STAFF REPORT CUP 94-01 AND EP 91-03 - MARGARITA BEACH APPEAL November 2, 2005 Page 2 On July 22, 2005, the applicant, through his attorney, appealed the Planning Commission's action. In the Appeal Letter (Exhibit D), no particular issue(s) were identified. On August 31, 2005, the appellant and his attorneys met with staff to discuss procedures and other issues related to the appeal. On September 15, 2005, the appellant submitted a letter to the City Council requesting that the matter be rescheduled for. a later date, preferably November 16, 2005 (Exhibit E). At its October 5, 2005, meeting, the City Council agreed to delay the hearing of the appeal until November 2, 2005. Police records regarding Margarita Beach from June 10 to October 3,2005, indicate 38 calls for service (14 of which were initiated by the Police) resulting in two reports (Exhibit F). According to the record, 15 calls were for disturbing the peace and three were for assaults. One of the reports is for a fight that resulted in damage to an adjacent business storefront that occurred just after midnight on August 1, 2005 (Exhibit G). Staff requested that local residents provide information so that written declarations of their experience could be submitted with this report. However, after the draft declarations were prepared for six residents, they declined to sign them, believing that the existing record contained an adequate account of their experience and concerns. The appellant invited a community meeting to discuss various approaches to resolving the situation with the. affected residents (Exhibit H). The meeting date was proposed for October 1, 2005. However the residents declined to meet (Exhibit I). On October 26, 2005, after this report had been prepared, the appellant's attorney submitted a binder of information to the staff and Council. Given the late arrival of the new information, staff will prepare a response to be given during the City Council meeting. CORRESPONDENCE: On October 20, 2005, the notice for this public hearing was advertised in the Inland Vallev Dailv Bulletin newspaper, and the property was posted. Notices were mailed to all property owners within a 300-foot radius of the project site, and also to the applicant, his attorneys, and other interested parties. CONCLUSION: The issues regarding the operation of Margarita Beach have been thoroughly discussed and analyzed. No new evidence has been submitted by Margarita Beach, nor have they indicated any specific issue or condition as a reason for their appeal. Based on extensive public testimony, written information and exhibits, and analysis, staff believes that the decision of the Planning Commission was reasonable and should be upheld. Dan Coleman Acting City Planner DC:MD/ge ((6--( CITY COUNCIL STAFF REPORT CUP 94-01 AND EP 91-03 - MARGARITA BEACH APPEAL November 2, 2005 Page 3 Attachments: Exhibit A - Planning Commission Resolution No. 05-50 dated July 13, 2005 Exhibit B - Planning Commission Resolution No. 05-51 dated July 13, 2005 Exhibit C1 - Planning Commission Staff Report dated July 13, 2005 Exhibit C2 - Planning Commission Staff Report Exhibits L, M, N, and P, dated July 13, 2005 Exhibit D - Notice of Appeal Letter dated July 22, 2005 Exhibit E - Request to Reschedule Hearing Letter dated September 15, 2005 Exhibit F Interoffice Memo - Margarita Beach Calls for Service dated October 3, 2005 Exhibit G - Detailed History for Police Inc #RC052130017 dated September 8, 2005 Exhibit H - Community Meeting Letter dated September 22, 2005 Exhibit I - Community Meeting Letter from Residents dated September 25, 2005 Exhib~ J - Information from Margar~a Beach Attomey (Provided Under Separate Cover) Ifg , .).- RESOLUTION NO. 05-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO. 88-45 FORA RESTAURANT AND BAR WITH LIVE ENTERTAINMENT LOCATED WITHIN A. COMMERCIAL CENTER IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 9950 FOOTHILL BOULEVARD, SUITES R & S; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-621-34. A. Recitals. 1. Conditional Use Pennit 88-45 was approved in 1988 for Siam Garden Restaurant by adoption of Planning Commission Resolution 88-242. 2. In 1991, the Planning Commission approved a modification of Conditional Use Pennit 88-45 and Entertainment Pennit 91~03 on October 23, 1991, by adoption of Planning Commission Resolution No. 88-242A to expand the size of the restaurant and bar and to allow live entertainment under the business name of Skipper's Bar and Grill. 3. In 1996, the business was obtained by Mr. Davidson and renamed Margaritaville.ln 2004, the business name was changed to Margarita Beach. 4. At the February 2,2005, City Council meeting, 13 residents spoke on issues associated with the Margarita Beach business that negatively impacted their residential neighborhood, and the matter was referred to the Planning Commission for a review of the issues presented. 5. On March 9, 2005, the Planning Commission conducted a duly noticed public hearing to detennine whether substantial evidence existed to set a public hearing for a fonnal review of business operations at Margarita Beach. At the hearing 17 residents testified as to how their health, safety and welfare have been negatively affected by the operation of Margarita Beach. Testimony included submission of letters, petitions, and photographs. Also included in the staff report was a summary of Police calls for service. 6. Based on the testimony presented during the evidentiary hearing, the Planning Commission found that a public hearing was appropriate and directed that before said public hearing, the business owner, local residents, and City staff meet and discuss how the issues raised regarding the business could be resolved. 7. On April 19, 2005, City staff met with the business owner and local residents to discuss the issues. Representatives from the Police Department provided a breakdown of the calls for service and responded t9 questions. 8. The Planning Commission conducted a duly noticed public hearing on April 27 , May 11, June 22, and July 13, 2005 conceming the business operations and modification of CUP No. 88-45. B. Resolution. NOW, THEREFORE, it is hereby found, detennined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: EXHIBIT A (/8 --3 PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD. MARGARITA BEACH July 13, 2005 Page 2 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing on April 27, May 11, June 22, and July 13, 2005, including written and oral staff reports, together with public testimony, the Planning Commission hereby specifically finds as follows: a. The CUP modification applies to property located at 9950 Foothill Boulevard with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with a multi-tenant commercial building; and b. The subject property is surrounded by apartments to the north, a mobile home park to the south, residences development to the east and west, and a service station to the west; and c. The CUP modification applies to a 3,440 square foot leased space that includes the Mar9arita Beaclh restaurant and bar, dance floor, the serving of alcoholic beverages, live entertainment, and is currently permitted to be open between the hours of 11 :00 a.m. to 2:00 a.m. daily; and d. Planning Commission Resolution No. 88-242A includes conditions of approval that require the serving of alcoholic beverages to be limited to those hours when the full listed food menu items are available. While the current operation of Margarita Beaclh cOntinues to serve food, the business is largely focused on the bar and entertainment as the primary activity as its advertisements attest. In violation of Conditions 1 and 2 of Resolution No. 88-242A, the applicant, at the March 9, 2005 Planning Commission meeting testified that they offer a full menu only until 1 0:00 p.m., suclh as steaks, fish, and c1hicken. Further, the business owner did not provide any documentation that the restaurant use, as previously approved, is the primary focus of the Margarita Beaclh business. Suclh documentation would include business records reflecting that the percentage of gross receipts for food sales greatly exceeds gross receipts attributable to alcohol sales, or business records reflecting that their expenditures for restaurant food menu items greatly exceeds expenditures for the purchase of alcohol that will be resold; and e. Based on public and staff testimony, site visits by staff, and a review of pictures and advertisements for the business provided at the June 22, 2005 meeting, the four members of the Commission (one absent) concluded that the nature ofthe current business operation had c1hanged from a restaurant use with incidental entertainment to a primarily entertainment venue (with food), more along the lines of a nightclub; and . f. The findings made by the Planning Commission in their Resolution No. 88-242A granting Conditional Use Permit 88-45 indicate that the use ''will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. n However, testimony has been received from numerous residents of the surrounding neighborhood indicating a variety of adverse impacts associated with Margarita Beaclh's operation and its customers including, but not limited to, regular, extended parking by Margarita Beaclh customers in front of residences, excessive noise during late night/early morning hours, and loitering of patrons within adjacent residential neighborhood across Ramona Avenue; and g. On June 30, 2005, staff visited the website of radio station X-1 03.9 and found seven phot09raphs identified as being from Margarita Beaclh. One of these photographs shows a woman fig /'1 PLANNING COMMISSION RESOLUTION 05-50 CUP88-4S MOD - MARGARITA BEACH July 13, 2005 Page 3 from behind who is pulling down her pants revealing the cleft and upper half of her buttocks, an area that is included within the definition of "Specified Anatomical Areas" by the City's Adult Entertainment Business Ordinance; and h. One print advertisement states "XX every Friday Night at Margarita Beach" including "$2.00 sex shots all night long." All of the advertising refers readers to ..wwW.ieparty.com..formore details. The www.ieparty.comwebsitefeatured numerous photographs allegedly taken at Margarita Beach's Bunny Ball on March 24, 2005, including photos of a woman fondling the breast of another woman, a woman squeezing and licking the breast of another woman, and a woman's buttocks being fondled: The acts depicted in these three photographs are included within the definition of "Specific Sexual Activities" set forth in the Adult Entertainment Business Ordinance. The Adult Entertainment Ordinance defines a commercial business that provides "a place where two or more persons may congregate, associate, or consort in connection with 'Specified Sexual Activities' or the exposure of 'Specified Anatomical Areas' as a "Sexual Encounter Establishment" ; and i. The Planning Commission Resolution No. 88-242A also adopted a condition of approval that stipulates that the business must comply with all applicable City Ordinances, and Public Health Codes. On June 17, 2005, Mr. Davidson was convicted and fined for violating a provision of the Califomia Labor Code by permitting smoking inside the business. Prior to issuance of a citation, Mr. Davidson was given due notice and direction on how to achieve compliance. j. The proposed use, together with the original conditions, as amended to add new or modify conditions imposed by this Resolution, complies with each of the applicable provisions of the Development Code and the Foothill Boulevard Districts. 3. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the Califomia Environmental Quality Ad of 1970, as amended, ("CEQA") and the Guidelines promulgated thereunder, pursuant to Section 15301 of the Guidelines. 4. Based upon the substantial evidence presented to the Commission during the above-referenced public hearings, and upon the specific findings of facts set forth in paragraphs 1, 2 and 3 above, the Planning Commission finds that the business owner's violation of the Conditional Use Permit, and/or the manner in which the business has been and continues to be operated, is detrimental to the public health, safety and/or welfare, including that of the adjacent residential neighborhood. 5. Based on the violations identified above and in order to insure future compliance with the conditions of Planning Commission Resolution No. 88-242A, this Commission hereby modifies Conditional Use Permit No. CUP88-45 by adopting the following conditions: 1) The serving of alcoholic beverages shall be in conjunction only with a restaurant use and the availability of all items listed on the menu. The sale andlor serving of alcoholic beverages shall cease when full listed menu items are not available to customers. At all times, menu items shall include full, hot "meals," as defined in California Business and Professions Code Section 23038. 2) The primary use shall be a restaurant and "bona fide eating place" as defined in California Business and Professions Code Section 23038, II~ ,5 PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD - MARGARITA BEACH July 13, 2005 Page 4 with ancillary serving of alcoholic beverages. In order to establish compliance with this condition, within 15 days of the effective date of this Resolution, and every three (3) months thereafter, the business owner shall provide the City Planner with satisfactory documentation reflecting the percentage of actual gross receipts attributable to restaurant food sales, and to the sales of alcoholic beverages, for the first two quarters of 2005. Altematively, the business owner may provide satisfactory documentation of the business expenditures for restaurant food menu items and for alcoholic beverages, for the same period of time. 3) Within 15 days of the effective date of this Resolution, the applicant shall provide the City Planner with an updated floor plan of the lease space indicating the layout of the space and specific location and type of tables and c1hairs, for review and approval. 4) The serving of alcohol in conjunction with restaurant usage may occur . only between the hours of 11 :00 a.m. to 11 :00 p.m. The restaurant use may remain open until Midnight. 5) The business owner shall at all times fully comply with all applicable regulations of the Department of Alcoholic and Beverage Control (ABC), including, but not limited to, those provisions regarding Attire and Conduct and Entertainers and Conduct (specifically Sections 143.2, 143.3 of Title 4 of the California Code of Regulations). 6) All business activities shall be conducted inside the building. 7) All doors shall remain closed during entertainment for noise attenuation purposes. The rear (north) doors shall be used only for emergencies from 8:00 p.m. to Midnight. 8) All customers shall use the front (south) entrance/exit, and use of the rear (north) paoong lot shall be limited to employees only. 9) No entertainment activity shall create any noise' that exceeds an exterior noise level of 60dB during the hours of 10:00 p.m. to 7:00 a.m., or 65dB during the hours of 7:00 a.m. to 10:00 p.m., or that otherwise. unreasonably interferes with the peace and quiet of any adjoining property. The business owner shall not pennit entertainment on the premises, except as authorized by a valid Entertainment Pennit 10) The use of search lights, or flashing or otherwise light-animated signs whiclh contain or are illuminated by flashing or moving lights or lights whiclh are intennittently on and off, c1hange in intensity, or whiclh create the illusion of flashing in any manner, shall not be pennitted. 11) The business owner shall be responsible for the clean up and general maintenance of the areas in front and behind the lease space, and in any and all parking lot areas occupied by its patrons. All collected trash II~ / ~ PLANNING COMMISSION RESOLUTION 05-50 CUP88-4S MOD - MARGARITA BEACH July 13, 2005 Page 5 and debriS shall be properly disposed in the trash receptacles located on the site. 12) The business owner, and all persons acting on behalf of the business, shall at all times comply with any and all local, state and federal laws, rules and regulations, including, but not limited to, requirements of the Foothill Boulevard Districts, all applicable City Ordinances, Rancho Cucainonga Fire Protection District, and Public Health Codes. The business owner shall provide all employees with a copy of these conditions and shall personally ensure that each employee understands and is familiar with each condition. ; 13) Any modification to the floor plan, expansion, or other change in operation shall require a revision to this Conditional Use Pennit and associated Entertainment Pennit. 14) All signage, including window signs, shall be in confonnance with the Comprehensive Sign Ordinance of the City of Rancho Cucamonga, the applicable Uniform Sign Program for the center, and shall require review and approval by the Planning Department. 15) The dance floor maximum square footage shall not exceed 150 square feet. 16) In the event the business owner fails, at any time, to comply with all the conditions of approval, as amended, or; the operation of the business causes adverse effects generating l;Omplaints by nearby property owners, or; the operation of the business generates a significant number of requests for service by the Police Department, then the Conditional Use Pennit shall be brought before the Planning Commission for consideration, including possible modification, imposition of additional conditions, andlor revocation of the Conditional Use Pennit. 17) The maximum number of occupants shall not exceed pennissible limits under the building and fire codes. The maximum occupancy for the use is 233 persons and shall be posted as detennined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Department. 18) No adult entertainment, as defined by the Rancho Cucamonga Municipal Code Section 17.04.090, shall be pennitted. 19) Unifonned security personnel shall be provided within the parKing area at all times during evening business hours (8:00 p.m. to Midnight) to control parKing and monitor crowd behavior. A minimum of one member of the security team shall be continually present at all times. When the front parKing lot reaches 50 percent capacity, the number of security personnel outside the establishment shall be increased to a minimum of 2 persons monitoring the parking lot and directing patrons Itf~? PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD - MARGARITA BEACH July 13, 2005 Page 6 not to piuk within the adjacenf residential neighborhood. Security personnel shall immediately report any observed criminal activities to the Police Department. 20) The business operator andlor its employees shall not direct patrons to park in the rear parking areas on the north side of the building, in any of the adjacent residential streets, or other off-site locations. On site parking signs shall be installed by the applicant to instruct patrons not to park anywhere but within the parking lot. The number, location, and language of said signs shall be reviewed and approved by the City Planner. 21) The City Planner shall monitor the operation of the business and shall bring back a progress report to the Commission for two successive 3-month reviews, beginning on the date of this Commission action. The report shall indicate whether the business establishment has been operating in compliance with all conditions of approval. Two. successive 6-month progress reports shall be provided to the Commission beginning from the date of the last 3-month review. 22) The business owner shall work with the property owner to establish a Business Watch program for the commercial center to address issues related to crime prevention and personal safety. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA JK R'ich Macias, Chainnan BY: ATTEST:~ /" Brad ul , e ta . I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of July 2005, by the following vote-to-wit: II f --- g PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD - MARGARITA BEACH July 13, 2005 Page 7 I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of July 2005, by the following vote-ta-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL COMMISSIONERS: STEWART NOES: ABSENT: COMMISSIONERS: NONE " /15/7 RESOLUTION NO. 05-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF . RANCHO CUCAMONGA, CALIFORNIA, MODIFYING ENrERTAINMENT PERMIT NO. 91-03 TO OPERATE AND CONDUCT ENTERTAINMENT AND DANCING FOR MARGARITA BEACH, LOCATED AT 9950 FOOTHILL BOULEVARD, SUITES R & S, WITHIN A COMMERCIAL CENTER IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF - APN 1077-621-34. A. Recitals. 1. On May 21, 1986, the City Council of the City of Ranclho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. On November 13, 1991, the Planning Commission of the City of Ranclho Cucamonga adopted their Resolution No. 91-184 approving Entertainment Permit No. 91-03 for Skipper's Grill and Bar allowing "entertainment," as defined in Section 5.12.020 of the Ranclho Cucamonga Municipal Code, (specifically, small bands or individual musicians) and dancing in conjunction with a restaurant use at the location as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as ''the permit." 3. Skipper's Grill and Bar was approved as a restaurant serving alcoholic beverages, With entertainment occurring indoors, Sunday through Saturday from 8:00 p.m. to 2:00 a.m. 4. In 1996, the Entertainment Permit was transferred to a new owner (Mr. Davidson) doing business as Margaritaville. In 2004, the business name was c1hanged to Margarita Beaclh. 5. At the February 2, 2005, City Council meeting, 13 residents spoke conceming the Margarita Beaclh business and adverse effects that business has had on their residential neighborhood, Thereafter, the matter was referred to the Planning Commission for a review of the issues presented, as authorized by the City's Development Code. 6. On March 9, 2005, the Planning CommisSion conducted a duly noticed public hearing to determine whether substantial evidence existed to set a public hearing for a formal review of business operations at Margarita Beaclh. At the hearing 17 residents testified as to how their health, safety and welfare have been negatively affected by the operation of Margarita Beaclh. Testimony included submission of letters, petitions and phot09raphs. Also included in the staff report was a summary of Police calls for service. 7. Based on the testimony presented during the evidentiary hearing, the Planning Commission found that sufficient evidence existed to determine that a public hearing was appropriate and directed City staff to set a public hearing on the matter. . 8. On the June 22, 2005, the Planning Commission of the City of Ranclho Cucamonga conducted a duly noticed public hearing on the matter and after taking public testimony on the operation of the business, the Commission continued the public hearing to July 13, 2005. 9. On July 13, 2005, the Planning Commission of the City of Ranclho CUcamonga conducted the continued public hearing on the permit and concluded said hearing on that date. 10. All legal prerequisites prior to the adoption of this Resolution have occurred. EXHIBIT B //6 r (0 PLANNING COMMISSION RESOLUTION NO.05-~1 EP 91-03 MOD - MARGARITA BEACH July 13, 2005 Page 2 B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning CommisSion of the City of Ranclho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearings on June 22 and July 13, 2005, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. Entertainment Pennit No. 91-03 applies to the business known as Margarita Beaclh, located at 9950 Foothill Boulevard, Suites R & S, with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with one multi-tenant commercial building; and b. Margarita Beaclh consists of a 3,440 square foot leased space that includes restaurant facilities and a bar, and dance floor. Pursuant to Conditional Use Permit No. 88-45 and Entertainment Pennit No. 91-03, Margarita Beaclh is permitted to serve alcohol and provide entertainment, and is currently open between the hours of 11 :00 a.m. to 2:00 a.m. daily; and c. Based on public and staff testimony, site visits by staff, and a review of pictures and advertisements for the business provided at the June 22, 2005, the four members of the Commission (one absent) concluded that the nature of the current business operation had c1hanged from a restaurant use with incidental entertainment to a primarily entertainment venue (with food), more along the lines of a nightclub; and d. The findings made by the Planning Commission in their Resolution No. 91-184 granting the Entertainment Permit 91-03, pursuant the standards established by the Ranclho Cucamonga Municipal Code Section 5.12.080, indicate that the use "will not be contrary to the public health, safety, morals or welfare" and the "the premises or establishment are not likely to be operated in an illegal, improper, or disorderly manner." However, testimony has been received from numerous residents of the surrounding neighborhood describing a variety of adverse impacts associated with Margarita Beaclh's operation and its customers; and e. On June 30, 2005, staff visited the website of radio station X1 03.9 and found seven photographs identified as from Margarita Beaclh. One of these photographs shows a woman from behind who is pulling down her pants revealing the cleft and upper half of her buttocks, an area that is included within the definition of "Specified Anatomical Areas" by the City's Adult Entertainment Business Ordinance; and f. One print advertisement states "XX every Friday night at Margarita Beaclh" including "$2.00 sex shots all night long." All of the advertising refers readers to ..www.ieparty.com.. for more details. The aforementioned website featured numerous photographs allegedly taken at Margarita Beaclh's Bunny Ball on March 24, 2005, including photos of a woman fondling the breast of another woman, a woman squeezing and licking the breast of another woman, and a woman's buttocks being fondled. The acts depicted in these three photographs are included within the definition of "Specific Sexual Activities" set forth in the Adult Entertainment Business Ordinance. A commercial business that provides "a place where two or more persons may congregate, associate, or consort in 118/1 ( PLANNING COMMISSION RESOLUTION NO.05-51 EP 91-03 MOD - MARGARITA BEACH July 13, 2005 Page 3 connection with 'Specified Sexual Activities' or the exposure of 'Specified Anatomical Areas' is defined as a "Sexual Encounter Establishment" by the Adult Entertainment Ordinance; and g. The Planning Commission Resolution No. 88-242A approving the Conditional Use Permit also adopted a condition of approval that stipulates that the business must comply with all applicable City Ordinances, and Public Health Codes and; h. Based upon the substantial evidence presented to the Commission during the above-referenced public hearings, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, the Planning Commission specifically finds that violations of Condition Nos. 3,10, and 11 of Planning Commission Resolution No. 91-184 have occurred since adoption of said Resolution. The violations of the respective conditions of approval are as follows: i. The business operation has caused adverse effects on the adjacent residential uses such as regular, extended parking by Margarita Beach customers in front of residences; excessive noise during late night/early moming hours; and loitering of patrons within adjacent residential neighborhood ii. On June 17, 2005, Mr. Davidson was convicted and fined for violating a provision of the Califomia Labor Code by permitting smoking inside the business. Prior to iSSuance of a citation, Mr. Davidson was given due notice and direction on how to achieve compliance. iii. The operation of the business has changed from a restaurant use with incidental entertainment to primarily an entertainment venue with incidental food service, more along the lines of a nightclub, without approved revision to the underlying Conditional Use Permit allowing a restaurant use. . 3. The business owner's violation of these conditions and conditions adopted pursuant to Conditional Use Permit No. 88-45, andlor the manner in which the business has been and continues to be operated, is detrimental to the public health, safety and/or welfare, including that of the adjacent residential neighborhood. 4. Based on the violations identified above and in order to insure future compliance with the conditions of Planning Commission Resolution No. 91-184, this Commission hereby modifies Entertainment Permit NO.91-03 by adopting the following conditions: 1) This approval is only for entertainment as an ancillary activity related to the primary restaurant use. Entertainment is approved for small bands or individual musicians, and a dance floor area. Any change of intensity or type of entertainment shall require a modification to this permit. 2) The dance floor shall not exceed 150 square feet. 3) The provision of entertainment is limited to between 8:00 p.m. and Midnight, Sunday through Saturday. Any expansion of days andlor hours shall require modification of this permit. 4)' No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted at any time. 5) All entertainment shall be conducted entirely inside the building. !Iy //~ PLANNING COMMISSION RESOLUTION NO.OSC51 EP 91-03 MOD - MARGARITA BEACH July 13, 2005 Page 4 6) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. The rear (north) doors shall be used only for emergencies from 8:00 p.m. to Midnight. 7) No entertainment activity shall create any noise that exceeds .an exterior noise level of 60 dB during the hours of 10:00 p.m. to 7:00 a.m., or 65dB during the hours of 7:00 a.m. to 10:00 p.m., or that otherwise unreasonably interferes with the peace and quiet of any adjoining property. The business owner shall not permit entertainment on the premises, except as authorized by a valid Entertainment Permit. 8) Access to the loungelentertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for "Fire Exit" purposes only. 9) The applic;ant shall at all times fully comply with all applicable regulations of the Department of Alcoholic and Beverage Control . (ABC), including those provisions regarding Attire and Conduct and Entertainers and Conduct (specifically Sections 143.2, 143.3 of Title 4 of the California Code of Regulations). 10) In the event the business owner fails, at any time, to comply with all of the conditions of approval, as amended, or; the operation of the business while entertainment is being provided causes adverse effects generating complaints by nearby property owners, or; the operation of the business while entertainment is being provided generates a significant number of requests for service by the Police Department, then the Entertainment Permit shall be brought before the Planning Commission for review, including possible modification, imposition of additional conditions, andlor revocation of the permit. 11) The business owner, and all persons acting on behalf of the business, shall at all times comply with any and all local, state and federal laws, rules and regulations, including, but not limited to, requirements of the Foothill Boulevard District, all applicable City Ordinances, Ranclho Cucamonga Fire Protection District ordinances, all conditions contained in Resolution No. 91-184, to the extent not modified herein, and Public Health Codes. The business owner shall provide all employees with a . copy of these conditions and shall personally ensure that eaclh employee understands and is familiar with eaclh condition of this Resolution. 12) The term of the Entertainment Permit is one year. The business owner shall annually renew this Entertainment Permit per Municipal Code Section 5.12.115. Renewal of said permit shall be based on full compliance with all the conditions of this approval, as modified, and those of the associated Conditional Use Permit for the premises. ", 13) The maximum number of occupants shall not exceed building and fire codes. Unless revised by a change in or interpretation of any 118 -'13 PLANNING COMMISSION RESOLUTION NO.05-51 EP 91-03 MOD - MARGARITA BEACH July 13, 2005 Page 5 applicable statute or regulation, the maximum occupancy for the use is 233 persons and the same shall be posted as determined by the Rancho Cucamonga Fire Protection District andlor the City's Fire Prevention Unit Department. 14) Uniformed security personnel shall be providedwithin the parking area at all times during evening business hours (8:00 p.m. to Midnight) to control parking and monitor crowd behavior. A minimum of one member of the security team shall be continually present at all times. When the . front parking lot reaches 50 percent capacity, the number of security personnel outside the establishment shall be increased to a minimum of 2 persons monitoring the parking lot and directing patrons not to park within the adjacent residential neighborhood. Security personnel shall immediately report any observed criminal activities to the Police Department. ; 15) The business operator and/or its employees shall not direct patrons to park in the rear parking areas on the north side of the building, in any of the adjacent residential streets, or other off-site locations. . On site parking signs shall be installed by the applicant to instruct patrons not to park anywhere but within the parking lot. The number, location and language of said signs shall be reviewed and approved by the City Planner. 16) The City Planner shall monitor the operation of the business and shall bring back a progress report to the Commission for two successive 3-month reviews, beginning on the date .of this Commission action. The report shall indicate whether the business establishment has been operating in compliance with all conditions contained in this Resolution. Two successive 6-month progress reports shall be provided to the Commission beginning from the date of the last 3-month review. 17) The business operator shall work with the property owner to establish a Business Watch program for the commercial center to address issues related to crime prevention and personal safety. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby hereby finds and concludes as follows: a. .That the conduct of the establishment and the granting of the renewal of the Entertainment Permit, together with the original conditions, as amended to add new or modify conditions imposed by this Resolution, would not be contrary to the public health, safety, morals or welfare; and b. That the premises or establishment, together with the original conditions, as amended to add new or modify conditions imposed by this Resolution, is not likely to be operated in an iIIe9al, improper or disorderly manner; and c. That the applicant, or any person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for which such 11<6//i' PLANNING COMMISSION RESOLUTION NO.05-51 EP 91-03 MOD - MARGARITA BEACH July 13, 2005 Page 6 permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude or has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provisions of entertainment revoked within the preceding five years; and d. That renewal of the Entertainment Permit, as originally conditioned, and as amended to add new or modify conditions imposed by this Resolution, allowing the business to continue to provide entertainment, would not create a public nuisance; and e. That the normal operation of the premises, as originally cOnditioned and as the Conditional Use Permit and Entertainment Permit have been amended to add new or modify conditions imposed by this Resolution, will not interfere with the peace and quiet of the surrounding commercial center and adjacent residential uses; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 6. This Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the Califomia Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY j)~d~ Rich Macias, Chairman ATTEST: ~ /' Bra e e eta I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certi,fy that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of July 2005, by the following vote-ta-wit: AYES: NOES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL COMMISSIONERS: STEWART ABSENT: COMMISSIONERS: NONE II~ //S' THE CITY OF , RANCTIO CUCAMONCA Staff Report DATE: July 13, 2005 Y" TO: Chairman and Members of the Planning Commission FROM: Dan Coleman, Acting City Planner BY: Michael Diaz, Senior Planner SUBJECT: CONDITIONAL USE PERMIT CUP88-45 AND ENTERTAINMENT" PERMIT EP91-03 - MARGARITA BEACH - A public hearing to examine the business operation of Margarita Beach, located at 9950 Foothill Boulevard, to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider modification or revocation of the approved Conditional Use Permit and Entertainment Permit. (Continued from June 22, 2005) ANALYSIS: Backqround: On June 22, 2005, the Planning Commission conducted a public hearing to evaluate the operation of the Margarita Beach business at the abovementioned address. The Commission took public testimony from the applicant, his attorney, 12 members of the public, and staff. The major issues presented regarding the business involved problems with excessive noise during the late hours of the evening and early morning, the overflow of parking and loitering within the adjacent neighborhood, and the consistency of the current use with what was approved under with the original Conditional Use and Entertainment Permits. When asked by the Commission, residents indicated that the situation had improved in recent months, but they feared that once the City's review of matter was over, the negative conditions would return. Moreover, the residents were not satisfied with staff's recommended changes to the existing conditions of approval for the existing use. Further background information including a chronology of the significant events associated with the subject business and site are contained in the staff report prepared for the June 22, 2005, meeting (Exhibit B). The minutes from the previous public City Council and Planning Commission meetings regarding Margarita Beach are attached (Exhibit C). Conditional Use Permit 88-45: Approval of the original Conditional Use Permit CUP88-45 (Planning Commission Resolution No. 88-242 and No. 88-242A--included in June 22, 005, staff report - Exhibit B) and original Entertainment Permit EP91-03 (Planning Commission Resolution No. 91-184 - Exhibit D) were based on the primary use of the site as being a restaurant with EXHIBIT C1 /18---~ PLANNING COMMISSION STAFF REPORT CUP88-45 AND EP91-03 - MARGARITA BEACH July 13, 2005 Page 2 incidental live entertainment. The Planning Commission adopted conditions of approval that require the serving of alcoholic beverages to be limited to those hours when the full listed food menu items are available. The current operation of Margarita Beach continues to serve food, but the business is largely focused on the bar and entertainment as the primary activity as its advertisements attest. At the March 9, 2005 Planning Commission meeting, the business owner, Mr. Mark Davidson, testified that they offer a full menu until 10:00 p.m., such as steaks, fish, and chicken. On June 7, 2005, two staff members visited Margarita Beach and observed customers eating after 11 :00 p.m.; however, the business is open selling alcoholic drinks until 2:00 a.m. Attached is a copy of the Margarita Beach menu provided by the applicant (Exhibit E). Staff visited the site on June 7 and June 16, 2005, and observed the space as having a bar and kitchen area, dining booths along one side of the room, scattered tables, a pool table, a small dance floor, and raised counter space with stools along the perimeter of the outer walls. When approved in 1986, occupancy for the space was set by the Fire Department at 233 persons based on submitted Floor Plan (Exhibit F). The liquor license type issued by the Department of Alcoholic Beverage Control (ABC) for Margarita Beach is an On-Sale General Eating Place (Type 47) license (Exhibit G). According to ABC, this type of license requires the operation of a bona fide eating establishment defined as a place where meals are offered when the premises are open and where actual and substantial sales of meals are made to guests for compensation. ABC regulations further define "meals" to mean and include "the usual assortment of foods commonly ordered at various hours of the day," and that service of "only sandwiches or salads" shall not be deemed to be in compliance. This definition is provided in Section 23038 of the California Business and Professions Code Section 23038 (Exhibit H). While ABC does not require food to be served continuously or at all times alcohol is served, it does require food to be served during the accepted normal lunch (11 :00 a.m. to 2:00 p.m.) and dinner (6:00 p.m. to 9:00 p.m.) timeframes. However, the City, as part of its own discretionary review and approval process of a Conditional Use Permit, may require that food be served continuously or at all times alcohol is served. Based on public and staff testimony, and a review of pictures and advertisements for the business provided at the June 22, 2005, meeting, four members of the Commission (one absent) concluded that the nature of the current business operation had changed from a restaurant use with incidental entertainment to a primarily entertainment venue (with food), more along the lines of a nightclub. The Commission further determined that the current use was not consistent with the restaurant use on which approval of the Conditional Use Permit and Entertainment Permit was originally based. The Commission directed staff to prepare a revised set of conditions designed to ensure that the Margarita Beach business be operated as a restaurant use in a manner that is consistent with the spirit of the original Conditional Use Permit issued for the site. The findings made by the Planning Commission in granting CUP88-45, as required by state law, indicate that the use "will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity." Testimony has been received from more than 15 residents of the surrounding neighborhood of a variety of adverse impacts associated with Margarita Beach's operation and its customers. As indicated in the previous report, since /Ig -f7 PLANNING COMMISSION STAFF REPORT CUP88-45 AND EP91-03 - MARGARITA BEACH July 13, 2005 Page 3 the March 9, 2005, hearing, the owner of Margarita Beach has made progress in addressing the major concerns related to parking and noise affecting the adjacent residential neighborhood. In addition, calls to the Police for service have been drastically reduced (Exhibit I). However, the main question raised during public testimony was whether the current operation of the Margarita Beach establishment was consistent with the nature of the business for which the Conditional Use Permit was originally issued in 1988. The Planning Commission also adopted a condition of approval that stipulates that the business must comply with all applicable City Ordinances, and Public Health Codes. On June 17, 2005, Mr. Davidson was convicted and fined for a violation of a provision of the Labor Code by permitting smoking inside the business (Exhibit J). This conviction stemmed from City Code Enforcement action. When given the opportunity to voluntarily comply, Mr. Davidson refused to remove the ashtrays inside his business when asked to by a City's Code Enforcement officer. . ,. Entertainment Permit 91-03: An Entertainment Permit is required by any business that allows live entertainment, music, solo band, orchestra, play, fashion show, song, dance, etc., for the purpose of gaining and/or holding the attention of guests or patrons (Exhibit K). When the entertainment permit was first issued for the premises in 1991, use of the site was a full service restaurant (Skipper's Grill and Bar). The entertainment activities specifically allowed small bands or individual musicians to play and a small dance floor of 150 square feet in area. The hours for entertainment were set at 8:00 p.m. to 2:00 a.m. The dance floor exists but it is not known how often, if at all, small bands or individual musicians play at the site. When staff visited the site, the primary source of music was provided by the house sound system and recorded music videos. An area is provided for a disc jockey. According to Mr. Davidson's print advertisements (Exhibit L) and information obtained from radio 'station X-103.9 website, the radio station hosts "club night" promotions at Margarita Beach "with On-Air Personalities and the X-103.9 STREET TEAM" (Exhibit M). The most recent advertised event was for June 30, 2005, where the "all new Thursday Nights Bring Your Own Bitch (BYOB)" party was promoted. It is not known whether a live disc jockey is used to play music for the entertainment of customers. At the June 22, 2005, meeting, a member of the public presented copies of photos obtained from the applicant's website and advertisements (Exhibit N). The photos were presented as evidence of the activities that occur during some of the events held at the site. Upon reviewing the photos, Kevin Ennis, Assistant City Attorney, indicated that there appeared to be evidence of adult entertainment occurring at the site, including the display of specified anatomicar areas and/or specified sexual activities as defined by the Rancho Cucamon9a Adult Entertainment Ordinance (Exhibit 0). According to Mr. Davidson, several of the pictures are not from Margarita Beach and others were grossly misinterpreted. Mr. Davidson's attorney has provided the City with a written response for each of the pictures presented, in which he states that nearly all the pictures were either from the San Bernardino Margarita Beach business or that he cannot identify the location or persons depicted in the pictures (Exhibit Pl. Even if it is granted that some of the pictures were not taken at the Rancho Cucamonga location, the fact that they were on a website expressly promoting the subject business would lead a reasonable person to conclude that the activities did occur, and are activities one may expect to occur, on the subject premises. Noticeably, there are no advertisements or photos of bands or individual musicians playing at the site that are the specifically approved activities of the Entertainment Permit, although the internet advertisements do suggest the presence of a live DJ. /fi --Ii PLANNING COMMISSION STAFF REPORT CUP88-45 AND EP91-03 - MARGARITA BEACH July 13, 2005 Page 4 On June 30, 2005, staff visited the website of radio station X-103.9 and found seven photographs identified as being from Margarita Beach (Exhibit M). One of these photographs shows a woman from behind who is pulling down her pants revealing the cleft and upper half of her buttocks, an area that is included within the definition of "Specified Anatomical Areas" by the Adult Entertainment Business Ordinance. A "Grand Opening" advertisement for "Margarita Beach 9950 Foothill Blvd" includes a photograph of a bare breasted woman with nipples and areola covered with text, which is also defined as a "Specified Anatomical Area". The printed ad for the "9-year Anniversary" on April 7 at "Margarita Beach 9950 Foothill Blvd" shows a buttocks and the cleft. The question here is whether the activities shown in the photos were only isolated events or representative of what frequently occurs on the premises. Planning Department staff did not witness firsthand any violations of the City's Adult Entertainment Business Ordinance during visits to the site. However, the photos and business advertisements suggest that some activities are nearing, and in some cases, appear to cross the line so as to be classified as adult entertainment. One print advertisement states "XX every Friday night at Margarita Beach" including "$2.00 sex shots all night long." All of the advertising refers readers to "www.ieparty.com" for more details. The www.ieparty.com website featured numerous photographs allegedly taken at Margarita Beach's Bunny Ball on March 24, 2005, including photos of a woman fondling the breast of another woman, a woman squeezing and licking the breast of another woman, and a woman's buttocks being fondled. The acts depicted in these three photographs are included within the definition of "Specific Sexual Activities" set forth in the Adult Entertainment Business Ordinance. A commercial business that provides "a place where two or more persons may congregate, associate, or consort in connection with 'Specified Sexual Activities' or the exposure of 'Specified Anatomical Areas'" is defined as a "Sexual Encounter Establishment" by the Adult Entertainment Ordinance. Mr. Davidson has not identified what a "sex shot" is or involves, particularly whether it involves simulated sex acts, exposure of "Specified Anatomical Areas" or physical contact between employees and customers. In addition, ABC regulations regarding Attire and Conduct and Entertainers and Conduct also apply. These ABC regulations prohibit "any person on the licensed premises to touch, caress or fondle the breasts, buttocks" of any other person (Exhibit Q). ABC regulations also prohibit "any entertainment or person so attired as to be in violation of any City or County ordinance." As such, staff does not believe that the activities as represented by the photos are consistent with the activities allowed with the original Entertainment Permit for the site, or with ABC regulations. Staff has prepared a draft resolution for the Commission's consideration regarding the Entertainment Permit. The resolution provides a revised set of conditions designed to ensure that entertainment activities at Margarita Beach are consistent with the current Entertainment Permit and in compliance with all city codes regarding adult entertainment. CORRESPONDENCE: The June 22, 2005, meeting date was advertised in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. At the June 22, 2005, meeting, the Commission continued the public hearing specifically to July 13, 2005. 11819 PLANNING COMMISSION STAFF REPORT CUP88-45 AND EP91-03 - MARGARITA BEACH July 13, 2005 Page 5 RECOMMENDATION: Staff recommends that the Planning Commission conclude the public hearing on the issues raised by the public, assess the efforts of the operator at responding to the issues, and adopt the proposed resolutions modifying the conditions for the Conditional Use Permit and the Entertainmen e it. -0,., Dan oleman Acting City Planner BB:MPD/ma Attachments: Exhibit A - Location Map/Site Plan Exhibit B - Staff Report for June 22, 2005 Planning Commission Meeting Exhibit C - Minutes: February 2, 2005 City Council and March 9, 2005 Planning Commission and Draft Minutes June 22, 2005 Planning Commission Exhibit D - Planning Commission Resolution No. 91-184 for Entertainment Permit 91-03 Exhibit E - Food Menu of Margarita Beach Exhibit F - Approved Floor Plan from 1986 Exhibit G - ABC License for Margarita Beach Exhibit H - Alcoholic Beverage Control Act Regulations Exhibit I - Police Calls for Service/Reports Summary Exhibit J - Violation of Labor Code for Allowing Indoor Smoking Exhibit K - Definition of Entertainment (RCMC Section 5.12.020 and 5.12.030) Exhibit L - Advertisement from Margarita Beach (provided u(1der separate cover) Exhibit M - Advertisement/Photos from Radio Station X-103.9 website (provided under separate cover) Exhibit N - Photos Presented by Public at June 22, 2005, Planning Commission Meeting (provided under separate cover) Exhibit 0 - Rancho Cucamonga Adult Entertainment Ordinance (RCMC Section 17.04.090.B.) Exhibit P - Written Response from Mr. Davidson's Attorney Regarding Pictures Presented at the June 22, 2005 Planning Commission Meeting (provided under separate cover) Exhibit Q - ABC Regulations Regarding Attire and Conduct and Entertainers and Conduct. Exhibit R - Entertainment Permit Annual Renewal application Exhibit S - February 2005 Petition and June 22, 2005 Petition Draft Resolution to Modify Conditional Use Permit Draft Resolution to Modify Entertainment Permit /1 g ---)/) . , .. . , .. - Ii- * .. .. ~ /1<6 "d( :'~<:~~.3J.-B'.~4 :>:.'1" - r; . if'! '" , . ~--j~~'-~"J"'~' . ..:. ~ .. . ,"'f.,.: , . . .... . . ., ~ ", . . THE CITY OF I RANCtlO CUCAMONCA Staff Report DATE: June 22, 2005 " TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Michael Diaz, Senior Planner SUBJECT: CONDITIONAL USE PERMIT CUP88-45 AND ENTERTAINMENT PERMIT EP91-03- MARGARITA BEACH - A pUblic hearing to examine the business operation to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider modification or revocation of the approved Conditional Use Permit and Entertainment Permit. (Continued from May 11, 2005) BACKGROUND: Conditional Use Permit 88-45 was originally approved in 1988 for Siam Garden Restaurant (Planning Commission Resolution No. 88-242 - Exhibit A). In 1991, Fred and Urai Nelson filed an application to expand the size of the restaurant and bar and to allow live entertainment under the business name of Skipper's Bar and Grill. The Planning Commission approved Conditional Use Permit 88-45 Modification and Entertainment Permit 91-03 on October 23, 1991 (Planning Commission Resolution No. 88-242A - Exhibit B). In 1996, the Entertainment Permit was transferred to Margaritaville, and the name was changed to Margarita Beach in 2004. On February 2, 2005, 13 residents spoke at the City Council meeting under Public Communications regarding problems associated with Margarita Beach. The matter was referred to the Planning Commission for a review of the issues at hand. On March g, 2005, the Planning Commission considered a request to set a public hearing to consider business operations at Margarita Beach. At that meeting, the Commission took testimony from the public (21 speakers) regarding the impacts the business has had on their neighborhood to determine if a full public hearing was warranted. Based on the testimony presented, the Commission found that a public hearing was appropriate but indicated that before a public hearing was held, that the business owner, local residents, and City staff should meet to discuss how the issues raised regarding the business could be resolved. On April 19, 2005, City staff met with the business owner and local residents to discuss the issues. Representatives from the Police Department provided a breakdown of the calls for service and responded to questions. During the meeting it was determined that further dialogue was necessary between the parties to arrive at a mutually acceptable plan of action. Planning staff suggested the neighborhood meet on their own and prepare a set of their recommendations on the operation of the business for consideration by the applicant and the City. B !:-- ~ ,-I \it 1-1.:rO~.J . . PLANNING COMMISSION STAFF REPORT CUP88-45 AND EP91-03 - MARGARITA BEACH June 22, 2005 Page 2 At the suggestion of the Police Department, the residents were encouraged to re-establish a neighborhood watch program as a proactive means for reporting and addressing neighborhood issues as they occur. The residents held a private meeting on April 26, 2005. Since then, Neighborhood Watch signs have been installed. On April 25, 2005, following the private meeting of the residents, the City was provided with a list of recommendations on how the business should be operated to address the concerns of the neighborhood (Exhibit C). On May 3, 2005, one resident provided a letter and information that he found on the Internet and in a magazine that he believes shows a discrepancy between the current business and the described use of the original Conditional Use Permit and Entertainment Permit (Exhibit D). Because of several scheduling conflicts, the Planning Commission postponed the public hearing until June 22, 2005. ANALYSIS: Evaluation of Maior Issues: The major issues identified by the public can be narrowed down to those regarding excessive noise, overflow of parking, and loitering within the adjacent neighborhood. The owner of Margarita Beach has pledged to work with the residents and has begun to improve his efforts at operating his business in a manner that avoids negative impacts to the adjacent neighborhood. For example, there are more security guards on duty, patrons are directed to park within the shopping center lot and discouraged from parking on streets within the adjacent neighborhood on the west side of Ramona Avenue. In addition, the operator indicates that the center and adjacent neighborhood is checked for trash and debris following the activities each evening. Staff has also checked the neighborhood on a number of mornings and can verify that the area is free of major debris and is generally clean. In regard to calls for service, the Police Department provided a breakdown of over 400 calls recorded for the subject business or shopping center address which occurred from January 2002 to mid-February, 2005. Of the total number of calls, more than half were self-initiated by the police while on routine patrols. Some of incidents that occurred within the neighborhood could not be adequately verified, while others appeared to have had viable alternate explanations that did not directly involve Margarita Beach. Only a small number of calls per year could be directly attributed to problems at the Margarita Beach establishment, most of which were for disturbances that occurred within the establishment or the adjoining parking lot, and not within the adjacent neighborhood. During the months of February and March 2005, 25 calls for service were recorded. The Police initiated 21 of these calls as part their regular patrol activities. Since then (March 22 to June 7), the Police reported 6 calls for service (4 initiated by the Police) at Margarita Beach, and none for surrounding neighborhoods that were related to the establishment. Nature of the Business: A second issue raised by one of the neighbors is whether the operation of the Margarita Beach establishment is consistent with the nature of the business for which the Conditional Use Permit was originally issued in 1988. As indicated above, the original Conditional Use Permit and Entertainment Permit were originally permitted for a use that was primarily a restaurant/bar with incidental live entertainment. Section B.2(d) of Resolution 88-242, specifically states that..."The application contemplates the addition of cocktails to the existing restaurant menu of (1<6'>> . . PLANNING COMMISSION STAFF REPORT CUP88-45 AND EP91-03 - MARGARITA BEACH June 22, 2005 Page 3 oriental cuisine and beer/wine." While the current operation of Margarita Beach retains the restaurant use, the advertising for the business appears to be largely focused on entertainment as the primary activity. Staff agrees the marketing direction of the current business is not the same as the marketing of the original applicant. However, staff does not believe the Commission should establish marketing criteria or conditions outside of those already covered in the City's Sign Ordinance. Moreover, staff does not , find that the business is operating as an adult business as defined by the City's Adult Entertainment Business ordinance. The business operator has been notified of the ordinance and the City's expectation that he comply with its provisions. Based on the above information, staff does not find sufficient grounds for revocation of the Conditional Use Permit or Entertainment Permit at this time. Proposed ChanQes to Conditions of Approval: All of the conditions of approval contained in Resolution No. 88-242A will continue to apply. However, while there has been improvement in the operation of the business, staff believes that new conditions should be added to ensure that the business operator and the public understand what is expected. The recommended conditions listed below are based on an evaluation of the existing conditions of approval, and the recommendations from the residents and staff. Consideration was given to those recommendations that would be easily understood and enforceable. As a courtesy, staff provided the applicant and representatives from the neighborhood a copy of the draft conditions listed below for their feedback. Some of the draft conditions were modified to reflect their respective comments/concerns including a change in the length of time frame for reviewing the business (6 months reduced to two 3-month reviews), a change in the requirement for security guards, and a requirement to direct overflow parking. The goal of this last requirement is to avoid overflow parking beyond that which can be contained in the front parking lot on the south side of the business and commercial center. The proposed new conditions, as modified, are as follows: . No adult entertainment as defined by the Rancho Cucamonga Municipal Code, Section 17.04.090 shall be permitted. . Uniformed security personnel shall be provided within the parking area at all times during evening business hours (9:00 p.m. to 2:00 a.m.) to control parking and monitor crowd behavior. A minimum of one member of the security team shall be continually present at all times. When the front parking lot reaches 75 percent capacity, the number of security personnel outside the establishment shall be increased to a minimum of two persons patrolling the parking lot and one person on Ramona Avenue directing patrons away from parking within the adjacent residential neighborhood. . The driveway entries/exits on Ramona Avenue shall be closed each business day no later than 1 :00 a.m. to direct patrons leaving the site to exit on Foothill Boulevard, subject to approval by the City's Traffic Engineer. . The business operator and/or its employees shall not direct patrons to park in the rear parking areas on the north side of the building, in any of the adjacent residential streets, in any of the adjacent residential streets, or in other off-site locations. I f6 "d6 . . PLANNING COMMISSION STAFF REPORT CUP88-45 AND EP91-03 - MARGARITA BEACH June 22, 2005 Page 4 . The City Planner shall monitor the operation of the business with a progress report being brought back to the Commission for two successive 3-month reviews, beginning on the date of this Commission action. The report shall indicate whether the business establishment has been operating in compliance with all conditions of approval and applicable City ordinances. A follow up progress report shall be provided to the Commission one year from the date of the last 3-month review. Failure by the operator to comply with all the conditions of approval, as amended, at any time, or because of continued complaints from the public regarding excessive problems directly attributable to the operation of the establishment, shall be cause for the possible revocation of the Conditional Use Permit by the Planning Commission. . The business operator shall work with the property owner to establish a Business Watch program for the commercial center to address issues related to crime prevention and personal safety. CORRESPONDENCE: The original meeting date was advertised in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site prior to the April 27, 2005 meeting date. At that meeting, the Commission continued the hearing to May 11, 2005, where it was once again continued to June 22, 2005. The neighborhood was subsequently notified of this meeting date. RECOMMENDATION: Staff recommends that the Planning Commission conduct a public hearing to discuss the issues raised by the public, assess the efforts of the operator at responding to the issues, and approve the proposed resolution containing the added conditions of approval. Respectfully submitted, ~ Brad Buller City Planner BB:MPDfma Attachments: Exhibit A - Planning Commission Resolution No. 88-242 Exhibit B - Planning Commission Resolution No. 88-242A Exhibit C - Recommendations from Residents dated April 25, 2005 Exhibit D - Letter from Jim Olson dated May 3, 2005 (distributed under separate cover) Draft Resolution of Approval for Modification of Conditional Use Permit CUP88-45 (/8---Jr . . RESOLUTION NO. 88-242 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 88-45 FOR THE SALE OF HARD LIQUOR FOR ON-SITE CONSUMPTION IN AN EXISTING 2,160 SQUARE FEET RESTAURANT ON 4.05 ACRES OF LAND IN THE RANCHO CUCAMONGA VILLAGE SHOPPING CENTER LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE IN THE COMMUNITY COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF. - APN: 1077-621-34 " A. Recitals. (0 Siam Garden Restaurant has filed an application for the issuance of the Conditional Use Permit No. 88-45 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application". (iO On the 14th of December, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (11i! All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evi dence presented to thi s Commi ssi on during the above-referenced publiC hearing on December 14, 1988, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at. the northeast corner of Foothill Boulevard and Ramona Avenue with a street frontage of 632.22 feet and lot depth of 280.96 feet and is presently improved with a Commercial/Retail Center; and (b) The application is for the incidental sales of alcoholic beverages as menu items in conjunction with the sales of food. (c) The property to the north of the subject site is residential, the property to the south of that site consists of a mobile home park, the property to the east is commercial, and the property to the west is commercial. 1/ (PC 6P;LftS-) (18 ~JS- PLANNING COMMISSIO~SOLUTION NO. CUP 88-45 - SIAM GA~N RESTAURANT December 14, 1988 Page 2 88-242 . (d) The application camtemplates the addition of cocktails to the existing restaurant menu of oriental cuisine and beer/wine. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearin9 and upon the specific findings of facts set forth in para9raph 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed use is in accord with the General Plan, the objectives of the Development Code and Foothill Boulevard Specific Plan, and the purposes of the district in which the site is located. (b) That the proposed use, together with the . conditions appl icable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the appl icabl e provi si ons of the Development Code and the Foothi 11 Boul evard SpecHi c Pl an. 4. This Commission hereby finds and certifies that the project has been reviewed and consi dered in campl i ance wi th the Cal i fornia Envi ronmental Quality Act of 1970 and, further, this Commission hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraph I, 2, 3 and 4 above, this Commission hereby approves the application subject to each and every condition set forth below. Planning Division 1. This approval shall apply to the serving of alcoholic beverages only. 2. Approval of this request shall not waive compliance with all sections of the Foothill Specific Plan, all applicable City Ordinances, Foothill Fire District requirements and Public Heal th codes. 3. Any modification, expansion or other change in operation will require a revision to the Conditional Use Permit. 4. All signage shall be designed in conformance with the Comprehensive Sign Ordinance and applicable Uniform Sign Program and shall require review and approval by the Planning Division. /18,JC:. PLANNING COMMISSIO.SOLUTION NO. CUP 88-45 - SIAM G N RESTAURANT December ~4, 1988 Page 3 88-242 . 5. The serving of al cohol i c beverages must be in conj uncti on with restaurant usage and the availability of full listed menu items. The sale and serving of alcoholic beverages shall cease when such menu items are not available to customers. 6. The serving of alcohol in conjunction with restaurant usage may operate between the hours of 11:00 a.m. and 11:00 p.m. 6. The Secretary to this Conmission shall certify to the adoption of this Resolution. " APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER, 1988. SSION OF THE CITY OF RANCHO CUCAMONGA BY: I, Brad Buller, Secretary of the Planning COllUllission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resol ution was duly and regularly introduced, passed, and adopted by the Planning Conmission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of December, 1988, by the following vote-to-wit: AYES: NOES: ABSENT: COMMISSIONERS: BLAKESLEY, CHITIEA, Me NIEL, TOLSTOY COMMISSIONERS: NONE COMMISSIONERS: EMERICK 118' -d 7 . . RESOLUTION NO. 88-242A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 88-45 FOR THE EXPANSION OF THE RESTAURANT AND BAR FROM 2,160 TO 3,240 SQUARE FEET, MODIFICATION OF THE HOURS OF OPERATION, AND TO PERMIT LIVE ENTERTAINMENT IN CONJUNCTION WITH THE RESTAURANT AND BAR LOCATED WITHIN A COMMERCIAL CENTER IS THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN LOCATED AT 9950 FOOTHILL BOULEVARD, SUITES R & S, AND MAKING FINDINGS IN SUPPORT THEREOF - APN:. 1077-621-34. A. Recitals. (i) Fred and Urai Nelson have filed an application for a modification to Conditional Use Permit No. 88-45 as described in the title of this Resolution.. Hereinafter in this Resolution, the modification to the Conditional Use Permit request is referred to as "the application." (ii) On the 23rd day of October 1991, and continued to November 13, 1991, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning commission of the City of Rancho Cucarnonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recita1F' .part A, of this Resolution are true and correct. 2.. Based upon substantial evidence presented to this commission during the above-referenced public hearings on October 23, 1991, and November 13, 1991, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at 9950 Foothill Boulevard with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with one multi-tenant commercial building; and (b) The property to the north of the subject site is apartments, the property to the south of the site consists of a mobile home park,. the property to the east is a commercial building, and the property to the west is a service station~ E (?c. tft;2--/oS-] Iii ~)f PLANNING COMMISSIO.SOLUTION NO. 88-242A CUP 88-45 - SKIPPER'S BAR & GRILL November 13, 1991 Page 2 . (c) The application applies to the expansion of an existing restaurant, "Siam Garden," to be renamed "Skipper's Grill and Bar, II and the serving of alcoholic beverages from 11:00 p.m. to 2:00 a.m. restaurant bar, stage (d) The application and bar from 2,160 to 3,240 and dance floor. contemplates the expansion of square feet including constructi~n the of a (e) The application proposes to conduct live entertainment, " consisting of small band, disc jockey, and comedians, from 8:00 p.m. to 2:00 a.m., seven days a week. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specif~c findings of facts set forth in paragraphs 1 and 2 above, this commission hereby finds and concludes as follows: (a) That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. (b) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. (c) provisions of the That the proposed use complies with each of the applicable Development code and Foothill Boulevard Specific Plan. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below: Conditions: 1) The serving of alcoholic beverages must be in conjunction with restaurant usage and the availability of full listed menu items. The sale and serving of alcoholic beverages shall cease when such menu items are not available to customers. 2) The serving of alcohol in restaurant usage may operate of 11:00 a.m. and 2:00 a.m. conjunction with between the hours 3) All doors shall remain closed during entertainment for noise attenuation purposes. The rear (north) doors shall be used only for emergencies from 8:00 p.m. to 2:00 a.m. !ft---d'j PLANNING COMMISSION~OLUTION NO. CUP 88-45 - SKIPPER'S BAR & GRILL November 13, 1991 page 3 88-242A . 4) All customers shall use the front (south) entrance/exit, and use of the rear (north) parking lot shall be limited to employees. 5) All entertainment activit:Les shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10:00 p.m. to 7:00 a.m. and 65 dB during the hours of 7:00 a.m. to 10:00 p.m. 6) Approval of this request shall not waive compliance with all sections of the Foothill Boulevard specific Plan, all applicable city Ordinances, Foothill Fire District requirements, and Public Health codes. 7) Any modification, expansion, operation will require a Conditional Use Permit. or other change in revision to. the 8) All signage shall be designed in conformance with the comprehensive sign Ordinance and applicable Uniform Sign Program and shall require review and approval by the Planni.ng Division. 9) The dance floor maximum square footage shall not exceed 150 square feet. 10) If operation of the. facility causes adverse effects upon adjacent businesses or operations, the Conditional Use permit shall be brought before the Planning commission for consideration and 'possible termination of the use. 11) occupancy of the facility shall not commence until such time as all Uniform Building Code and Uniform Fire Code regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to occupancy. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. !lg,36 PLANNING COMMISSION'SOLUTION NO. CUP 88-45 - SKIPPER' BAR & GRILL November 13, 1991 Page 4 88-242A . APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 1991. PLANNING OF THE CITY OF RANCHO CUCAMONGA BY: ", ATTEST: I, Brad Buller, Secretary of the Planning Conunission of the City of Rancho cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the city of Rancho Cucamonga, at a regular meeting of the Planning conunission held on the 13th day of November 1991, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: CHITIEA, VALLETTE ABSENT: COMMISSIONERS: NONE llfi-'31 . . . . . CITY OF RANCHOCUCAMONGA To: CC: From: Date: Re: Brad Buller, City Planner for Rancho Cucamonga APR 25 2005 Planning Commission Members Residents surrounding Margarita Beach RECEIVED. PLANNING April 25, 2005 Recommendation from residents as follow up to community policing meeting, April 19, 2005 . Stop all Promotions. No Radio or Internet Marketing. No longer allow cheep drinks, Le. - 2 dollar you-call-its, 50 cent draft beers. Advertising should only be done in newspaper, so that the public can have accesses to all publications. Currently all advertised promotions are done on radio and internet web sites. . No Drink promotions! . Hire professional licensed security service, since the current security guards have MINIMAL training. Minimum of three security guards on east and west side of the facilities, (Le. - Ramon Market, and USA Carpet) Also security in parking lot to prevent any illegal drinking, and whatever security is required inside the business. Ifbar patrons do not comply with security request, the police will be called to handle the situation. . Do not allow customers to park behind the building. Uthe customers do, it is the security's responsibility to call the police or direct customer to designated parking area (in the front of the building). . Customers can ONL Y park in front of the business. Anyone walking in from offsite will be refused entry and told to retrieve car and park in lot. . Once parking lot is full no other customers will be allowed in Margarita Beach. No matter what occupancy level is, the level in the parking lot is the real occupancy-since there should be no off-site parking. The problem with the lot being full creates overflow of Margarita Beach Customers to surrounding Neighborhoods. "Lot Full Signs" should be posted if the parking lot is full, if customers leave, and then the lot could be opened again until the lot is full. . For businesses that are in the center with Margarita Beach operating at the same hours (i.e. - Ramona Market and Sushi Bar) should be able to receive signs for their "customer parking only" in front of their business. . After closing, quickly and quietly security will disperse all Margarita Beach customers from parking lot. No loitering, noise, fighting, loud music, or yelling from customers while leaving the lot. Have customers be considerate of C)(I-/It3/T e (PC 6p?/oS) l;g ..-3d- ." .. . . neighbors, no squealing oftires or revving of motors. Ifnecessary, a police presence will be needed from 1 :30-2am to disperse cars. . After closing, security will patrol aU neighborhoods to verifY aU Margarita Beach customers have left the area. (We have had problems with customers in neighborhoods after hours.) . Portable signs, on the north and south comers of Estacia Ct, which would state "NO MARGARITA BEACH PARKING". Signs to be set by security , personnel and removed after closing. . Doors must be closed at all times, to prevent music from traveling to Mobile Home Park. If door needs to be open, music will be turned OFF. Recommend soundproofing waUs and windows of building to prevent base blasting across the street. . Landlord must attend the public hearing on May 11th to describe lease requirements and whether any complaints have come from other business tenants in the center about Margarita Beach. /Ir -' 3.3 ." .- , . . . A . . Signatures of Residents, Submitted to the Rancho Cucamonga Planning Commission, Regarding requirements for Margarita Beach to implement for the security and the peace and quiet of surrounding residents. . Name/Print Address Signature l::}'l 5.w CI-Itt:--:z::. /I 4-. Ji~ DIS',,'" , SavoJ, Mous~~ ~03d.. a5;~ Itv~, ~~' ,L "l- i l M \s-J-e15~f\~ <\010 PA'Sll6 AI/~ ~ Lf3erMDif fif7/) e<;~ cr' ~ d~ ~P1IV (1)a;fli.'f\J.c" qg&7) aiw.it...cJ. -fl.;;#1LJ)~ R+ S fez> <:z:f\J~ q.33~ Y::~h-t I ( ~ (37 .tPo:k ~ ~t' 1183'1 ( ~ .. . '. . . .~ . ... . NameIPrint Address L.VCAf?;v ~ , . .' . .. /18--35 . . LETTER FROM JIM OLSON DATED MAY 3,2005 DISTRIBUTED UNDER SEPARATE COVER EXHIBIT D (PC r;,/;?;;/o~-) Ilg -,3~ City Council Minutes February 2, 2005 Page 8 *.. *,., * * CITY MANAGER'S STAFF REpORTS 11. CONSIDERATIO CREEK PROJEC T CONSERVATION ENTI PURSUANT TO AN OPEN OF THE ENVIRONMENTAL HENDERSON CREEK PROJEC F A REQUEST FROM GRANITE EQUITIES DEVELOPERS OF HENDERSON HAVE THE CITY DESIGNATE HABITAT TRUST AS A QUALIFIED OR THE PURPOSE OF THE MANAGING 54 ACRES OF OPEN SPACE CE TRANSFER PLAN IN SATISFACTION OF THE REQUIREMENTS PACT REPORT AND DEVELOPMENT AGREEMENT FOR THE " Brad Buller, City Planner, stated he w d like to continue this in order for the City Council to review the materials that were handed out. MOTION: Moved by Alexander, seconded Williams to continue the item to February 16, 2005. Motion carried unanimously 4-0-1 (Michael absent). J. J1. CONSIDERATION OF CITY COUNCIL COM ITY SERVICES SUBCOMMITTEE'S RECOMMENDATION TO APPROVE APPOINTMENTS TO T BOARD OF DIRECTORS OF THE COMMUNITY FOUNDATION A report was presented by Council member Williams. MOTION: Moved by Alexander, seconded by Gutierrez to appoint Ang Knox, Judy Gibson, Harry Gibson and Marian Nelson. Motion carried unanimously 4-0-1 (Michael abse * * * * * * J2. LEGISLATIVE UPDATE (Oral) Councilmember Williams stated she and City Manager Jack Lam, met with the n Emerson in order to share our concerns and issues for our area. She stated the ave him a list of projects that need funding and also asked him to protect RDA dollars. She stated he w Id come to City Hall for a neighborhood meeting soon. K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING No"items were identified for the next meeting. . * * * * * I -*L1. G L. PUBLIC COMMUNICATIONS II REQUEST FROM EDWARD SANCHEZ TO DISCUSS "MARGARITAVILLE." I/~ .37 City Council Minutes February 2, 2005 Page g Mark Davidson, owner of Margarita Beach, formerly known as Margaritaville, wanted to speak to the Council about this matter and stated one of the neighbors near his business wants his business permit to be revoked. He talked about the success of their business and that they have strived to be a good neighbor. He stated they do respect the rights of the neighbors, but felt if problems arise, they should be contacted so they can correct them. He stated they have spoken to Mr. Sanchez in the past and that Captain Ortiz has assisted with their meetings. He felt their meetings were successful and that one of the meetings even resulted in one of his employees being terminated. He stated he has taken measures so that the customers do not park on Estacia and that they have even picked up trash on that street. He indicated he has given Mr. Sanchez his personal phone numbers if there are any problems. He stated he has never been contacted by Mr. Sanchez and that there have not been any complaints filed against him. He stated he respects the rights of Mr. Sanchez and would like the opportunity to correct the problems that Mr. Sanchez talks about. Ed Sanchez, Estacia, talked about how Margaritaville came into existence. He stated they hold promotions that fill their parking lot. He stated the overflow is on their street where people are drinking, leaving trash and having sex. He talked about meetings he has had with former Rancho Cucamonga Captain, Rodney Hoops, and his staff. He provided more information about their meetings and that the possibility of revoking their CUP was discussed. He stated Mr. Davidson stated he would have a bouncer to keep the parked cars in his parking lot and would also pick up trash from his neighborhood. He told about an instance that occurred where graffiti was sprayed on his van. He felt the owners of Margaritaville fill the kids with cheap liquor and send them out into the streets. He felt this information should be referred to the Planning Commission for review. He felt the City Council should do what is the right for them. Chris Cameron, Pasito, stated she lives perpendicular to Estacia. She stated she has watched girts in her neighborhood drinking and then proceeding to Margaritaville. She stated they have had security monitoring the residential areas. She stated they are constantly picking up beer bottles and that something needs to be done because of these problems that occur every weekend. Kim Weishan, Pasito, stated she has had kids that are drunk knocking on their door and having sex in their parked cars. Marya Black stated she has had kids having sex, drinking, and urinating in their front yard. She stated the Police Department does not get their fast enough. She stated that Margaritaville needs better security and something to take care of the parking lot overflow problem. She does not want her kids to be scared any more. Vicki Schimone, Pasito, stated she has had kids trying to break into her home because they are so drunk. She is fearful for her kids' safety. She stated the kids are racing at 1 :00 and 2:00 in the morning and that she wants this to stop. She stated they had been told there would be security on Estacia and Ramona. She stated she has filed reports with the Police Department and that she is tired of living this way. Victoria Sanchez, Estacia, presented photos (on file in the City Clerk's office) of what the kids are doing in front of her house. She told about all the problems they have had in front of her house, but added the biggest problem was her Father's van getting tagged with graffiti. She stated she is so tired of this and hoped their CUP would be revoked. Jim Olson, Estacia, stated the problem he seems to have is after the closing of Margaritaville. He commented on what he finds Sunday mornings such as broken glass, vomit and trash on the streets. He talked about the kids racing on the streets. He did not feel the Police Department is doing enough. He did not feel this behavior should be tolerated. Betty Watkins, Estacia, talked about the kids urinating in her front yard. She wanted to make sure the neighborhood is safe for her grandkids and asked the Council to consider this real hard. II~ --35r .., ... City Council Minutes February 2, 2005 Page 10 Rodney Trunnell, Estacia, stated everything that everybody has mentioned has occurred at his house also. He stated there was even a weapon found in front of his house. He felt nothing has been done to help them from the meetings that have occurred with the Police Department. Peggy Sanchez, Estacia, stated they did not call Mr. Davidson every time there were problems because it would not be documented through the Police Department. She did not think this was a very safe situation for her daughter. She stated the Officer that responded to her house one time told her there were not enough Officers on the street to respond as quickly as they would like to. She encouraged Mr. Davidson to pay for better security and have a bouncer that will do something to help them. " Emily La Quay, Pines Mobile Home Park, stated she does hear the kids from the bar racing on the streets. Larry Liberto, Estacia, stated he is tired of this and can~ take it any longer. He stated he is tired of people urinating in front of his house. He did not feel the bouncer is doing his job. He asked that they get their neighborhood back. Pat Stevens, Pines Mobile Home Park, stated the noise from the kids makes her mobile home vibrate. She added that Mr. Davidson, the owner of Margaritaville, has been fair and has offered to help with the noise. Council member Gutierrez stated both sides have been heard and felt the City needed the Planning Commission to analyze this for the next step. He stated the City Council cares and wants to find a solution. He felt Mr. Davidson should be treated fair and deserves his day in court. He asked what kind of a detriment there is by having the liquor store in the same center. He stated this should be looked into as well. He felt this should be referred to the proper department. He felt Mr. Davidson would do what he could to fix the sityation. Mayor Alexander felt nine years is too long for these people to put up with this. He felt the business should be closed until this problem is remedied, but knew the City Council could not do this. He felt the people that are wandering the neighborhoods drunk should be arrested. He stated this would be looked into. Councilmember Williams stated this would be investigated and that the liquor store monitored too so it could be brought into this discussion. She suggested all the 'businesses should be looked at in that center. L2. John Lyons commented on the restaurant grading system and did not agree with some of the problems this could be creating. L3. Jim Moffit, Red Hill Coffee Shop in Rancho Cucamonga, stated some restaurants are putting their grade in the window even though it is not required. He stated the Health Department comes in and gives them corrective criticism, and some of those comments are not related to the food. He felt there was a lot to be considered before people are given a grade to put in their window. He talked about the food handler's permit that restaurants are required to get. He did not feel the restaurant should be given any tougher problems. L4. A lady (who did not identify herself) thanked Mayor Alexander and Councilmember Spagnolo for their concems and encouragement they gave people to come to the Animal Shelter Subcommittee meeting tomorrow. She stated it is at 1 :00 p.m. at City Hall. ****** ----- Iii -'37 E. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2004-00052 - VAN DAELE DEVELOPMENT CORPORATION - The review of site plan and elevations for 59 single- family homes on 19 acres of land within the Low-Medium Residential District (4-8 dwelling units per acre), located on the north side of Base Line Road, approximately 1,200 feet east of Etiwanda Avenue - APN: 0227-131-29, 34, 35, 36, 52, 53, and 55 thru 58. Related files: Tentative Tract Map SUBTT16776, Variance DRC2004-01002, and Tree Removal Pemiit DRC2004-00701. Staff has prepared a Negative Declaration of environmental impacts for consideration. (Continued from February 9, 2005) Dan Coleman, Principal Planner, presented tl1e staff report with the request the items be continued to the March 23, 2005 meeting. He said that the consultant assisting the property owners to the west of the proposed project had called and reported that they are making progress in resolving their issues and that the continuance would give them more time the finish that process. . Chairman Macias opened the public hearing to anyone that might not be able to attend the continued 'hearing at the March 23rd meeting. There was no response. Chairman Macias closed the public hearing. Motion: Moved by McPhail, seconded by Fletcher to continue Items C, D and E as requested. Motion carried by the following vote: AYES: NOES: ABSENT: FLETCHER, MACIAS, McPHAIL, STEWART NONE McNIEL - carried ...** DIRECTOR'S REPORTS F. REVIEW OF CONDITIONAL USE PERMIT 88-45 MODIFICATION AND ENTERTAINMENT PERMIT 91-03 - MARGARITA BEACH AND CONDITIONAL USE PERMIT 94-01 - RAMONA MARKET - A review of the business operations located at 9950 Footl1i11 Boulevard - APN: 1077-621-34. Brad Buller, City Planner, reported that the request for the Evidentiary Hearing was brought to the Commission as a result of the concems presented to the City Council at their February 2, 2005 meeting by Mr. Edward Sanchez and 13 other residents in regard to the business operations of Margarita Beach. Mr. Buller explained that two permits are held by this business, a Conditional Use Permit and an Entertainment Permit. He added that the Conditional Use Permit for Ramona Market is also being discussed. He commented that testimony and evidence is being received tonight only for the purpose of determining if a public hearing is warranted and to consider and review the uses, specifically Margarita Beach and Ramona Market. He explained that the reason a Conditional Use Permit (CUP) and Entertainment Permit (EP) were required for these businesses is because the CUP allows them to serve alcohol in conjunction with their use; the EP (which only applies to the bary gives them the ability to have a level of entertainment as described in the permit. He noted that both permits are subject to review that can occur whenever a resident, Councilmember or member of the Commission feels it is appropriate. He said tonight they would only receive testimony to determine if a hearing is warranted. He noted that notices were mailed to the neighbors that addressed the Council, the owners of the center, Margarita Beach, Ramona Market, and also Alcoholic Beverage Control (ABC). He invited the neighbors to speak, bu1 that they not repeat each other. He added that the owners of the businesses would also be invited to speak as well as anyone from the audience. Mr. Buller reported that Sergeant Paul Morrison from Police and staff from Code Enforcement were in attendance at the meeting and that they would be available if the Commissioners had any questions. He explained that because of the many letters received from the neighbors, he asked Police, Fire, and Code Enforcement to prepare a report of the calls made to this Planning Commission Minutes -3- March 9, 2005 1/8--'(6 location over the-last 3 years. He noted that their reports may not be all inclusive as evidence and that the Commissioners may request at a future time a more detailed report if further investigation is de.~med necessary. Chairman Macias opened the public hearing. Ed Sanchez, 9869 Estacia Court, Rancho Cucamonga, stated he has Jived here for 20 years. He reported that he spoke at the February 2, 2005 City Council meeting. He commented that although the two members of the City Council directed the Planning Commission to include Ramona Market in their investigation, he said that out of 13 neighbors that spoke, not one mentioned the market as being a problem or concem. He added that he believes the market should not be included in this investigation and he believes they did nothing wrong. He commented that in 1996, Skippers was sold to Mr. Davidson and the business changed its name from Margaritaville to Margarita Beach at a later time, but that problems began to occur even when the business was named Margaritaville. He mentioned that problems with traffic, parking in the neighborhood, people bringing their own,ice ches~ of alcohol and drinking it in their neighborhood, urination in public and noise, as some of the issues about which he spoke to Mayor Alexander in a telephone conversation. He reported that he later met with Lt. Nelson and Mr. Davidson and two of the neighbors two years ago in hopes of resolving these issues. He said at the time, Mr. Davidson was told he could not hold promotion events and that if he could not confine his business operation to his property, that a review of his CUP was possible. He said that they arrived at some solutions such as not allowing special promotion nights, only allowing the cars to cross the streets at certain points, hiring a bouncer, and trash pickup. He said he then contacted Captain Pete Ortiz <the new incoming Captain at the time) to inform him of the problems and to re-emphasize the agreement. He said he had another meeting that was attended by Captain Ortiz, several of his neighbors, Mr. Davidson, and two representatives from the mobile home park located on the south side of Foothill Boulevard. He stated that Mr. Davidson's compliance with the agreement was good for a while, but then reverted back to having a promotional event in January. He said the result was an overflowing parking lot and graffiti. He commented that this business has always been a bad neighbor. He added that examples of the types of promotions held are included in the agenda packet. He noted that these promotions attract the young party types. He remarked that the owner of Margarita Beach bragged that he had 1.7 million dollars in gross income with over $200,000 in taxes paid to the City_ He said the real question is, "Is maintaining a high quality of life a priority of City officials?" Victoria Sanchez, 9869 Estacia Court, Rancho Cucamonga, identified herself as the d!ilughter of Mr. Sanchez, the prior speaker. She said a bouncer hired by Margarita Beach actually directed a patron of the bar to her home. She said he had been told her father was a City Council member and he was told there was an ordinance against parking in the street. She said another patron asked why he was told he could not park on the street. She recalled that on one occasion a pickup truck occupied by two drinking men was partially blocking her driveway. She said she asked them to move and they did and they apologized, but she said this problem has gone on too long. She stated that the noise was bad during the summer and they could not open their windows at home. She added that now bouncers had been posted at the comer and that they added to the litter already created by the patrons of the bar. Marya Black, 8022 Pasito Avenue, Rancho Cucamonga, said she has lived in the neighborhood torS years and she has two young children. She stated patrons of the bar were having sex in front of her house. She said she has since installed double pane windows and an alarm system. She noted trash; urination in public and cars doing "donuts" in the street and screaming and yelling as additional concems. She said she does not feel safe and she added that she does not believe it is the patrons of the market causing the problems. Vicky Seimone, 8016 Pasito Avenue, Rancho Cucamonga. said she had submitted a letter of complaint listing her concems ilbout Margarita Beach. She said that their street is very short and from 11-1:30a.m., there is a lot of traffic on the street. She reported noise, vomit in her planters and Planning Commission Minutes -4- March 9, 2005 I/g -Lfl problems with people urinating in public. She said one patron was so drunk, he tried to break into her house because he did not know where he was. He then went into her backyard and tried to get in again. She added that when he was unsuccessful, he went into her neighbor's backyard. She said when the police arrived, they drove him home. She added that she has 5 children and she believes Mr. Davidson should move his business to another location. Kim Weison, 8010 Pasito Avenue, Rancho Cucamonga, said she has lived on the street for 27 years and in Rancho for a total of 30 years. She reported that her eldest son, who is now 30 years old, frequented Margarita Beach when he was younger. She commented that itwas upsetting when he would come home drunk, but at least he was not driving home. She asked why he no longer goes there, and he said it is because it is such a young party crowd and that people that go there just want to "score." She said she has concem for the safety of the other young people that frequent this business. She added that there are many young children on her street. She commented that she believes the Commissioners would not allow this business to continue operating next to their homes. She said Mr. Davidson and Councilman Gutierrez have recently been examining the area and , nothing is really going on now. She said it is really bad during the summer, but that it has been a problem for 9 years. Sarah Moussani, 8032 Pasito Avenue, Rancho Cucamonga, said she has had problems with safety, trash, cars, bottles, and public urination. She said the parking has become a problem to the point that there is no parking available to those visiting her home. She said she has concem for her 16 year old. She said she has lived there since 1982 and wants the business to be moved. She said she has always had good neighbors and she would like to keep it that way. Christine Read, 9999 Foothill Boulevard, Rancho Cucamonga, stated she lives in The Pines mobile homes. She said she wakes up 4 out of 7 nights at 2:00 a. m. because of noise coming from the parking lot. She said the noise often continues until 3:00 a.m. when all the cars have disbursed. She said she often hears girls screaming and car alarms going off. She said she called the police and at first they responded, but no longer do. She said the police said they have a license for playing the music. She said she loses valuable sleep because of the noise and it is difficult because she has to leave for work early in the moming. She said sometimes she thought young ladies were in trouble because of the screaming. She said the loud music has been tumed down some but she believes this club is in the wrong location. Chris Cameron, 8017 Pas/to Court, Rancho Cucamonga, said female patrons of the bar park on her street at around 9:00 p.m., apply their makeup, get dressed, and when they leave, they leave behind bottles and cigarette butts for her to clean up. She said she is in the process of adopting 3 children. She remarked that she is concemed about these activities being observed by the State workers when they make their home visits. She said she wants these children not to be denied the posSibility of having a good life. She said these children should not see the things that go on with these patrons. She added that headlights from the cars beam into her windows even through the blinds. She said she hears tires screeching, dogs barking, and yelling and screaming every weekend. She remarked that Councilman Gutierrez suggested they gate off their entire block. She indicated to him that she did not want to pay for permits because of the bar operation. She said she thought Rancho was a community where you could leave your windows open and not have to worry about it. She added she now has security concems particularly with not knowing what intoxicated people might do. Rob Evans, 9823 Palo Alto, Rancho Cucamonga, said he has been a resident since 1989 and he supports the Ramona Market. He gave kudos to the Mayor for a previous complaint he had regarding head shops. He reported that following his call to the Mayor, the head shops disappeared. He said that was good customer service. He said the owners of the market are like family and call him by name. He mentioned that the market is convenient and they are a positive influence in the neighborhood. He commented that he does not know what the best solution is for Margarita Beach, but he feels the market should not be involved. Planning Commission Minutes -5- March 9, 2005 /18' ,,'-/;).. Larry Liberatore, 9870 Estacia Court, Rancho Cucamonga, stated he also favors the market. He said the club has poor business practices. He said the owner claims he does not know about the prpblems associated with his business. He reported that for the last 3 weeks, there have been visible security guards employed by Margarita Beach. He said he had not seen any in the last year. He said last weekend, the guards could be seen pacing up and down his street with flashlights. He said the need for guards in front of homes is indicative that there is a problem. He said he should not have to worry about activities taking place in his front yard every weekend. He said this. business does not belong this close to homes and they want their neighborhood back. Adam Evans, 9823 Palo Alto, Rancho Cucamonga, said he isa student at Rancho Cucamonga High School. He stated that the owners of Ramona Market have been falsely accused and is a grievous mistake; that the problems are being caused by Margarita Beach. He reported that there are liquor stores all over town and you never hear of debauchery like this and it is because they are located next to an unruly bar. He said it is unfair that the Ramona Market is grouped in with the people of the bar. He said at Ramona Market, like many local grocery stores, you get good service. Jim Olson, 9805 Estacia Court, Rancho Cucamonga, cited problems with patrons vomiting, urinating, and having sex in his front yard. He said there are car chases on the street. He said on Saturday and Sunday mornings, there are bottles and litter in the street. He said he had checked the police calls for 2005, and thus far, 15 calls had already been received for Margarita Beach. He said at that rate, more calls will be received than in previous years. He said for the last 20 years he has observed Rancho Cucamonga change from a rural setting to a more upscale community. He noted that this type of business would not be tolerated on the east side of town near Victoria Gardens and he said he did not know why it is being tolerated in his nejghborhood. Emily LeQuay, 9999 Foothill Boulevard, Rancho Cucamonga, stated she has been a resident for 10 years. She reported noise, traffic and screaming coming from Margarita Beach. She said Rancho Cucamonga is a nice community but this bar is out of place. She added that she has never had a problem with the market. Peggy Sanchez, 9869 Estacia Court, Rancho Cucamonga, said she appreciated Mr. Buller's responsiveness to their concems. She noted she believes the Ramona Market should not be included in this review. She said the owners are a hardworking family, good neighbors, and are not a problem. She said the club continues to disrupt the neighborhood and she finally installed an alarm in her home. She noted that Rancho Cucamonga has grown into an excellent city but that to the east of Haven Avenue it is very nice but to the west you have places like Twins and Margarita Beach. She commented that if this business requires a high level of services from police and fire, then the City really cannot afford to spend its resources on themand that if their demand is too high, perhaps they do not belong in Rancho Cucamonga at all. She recommended a review of their permits. Betty Watkins, gaaO Estacia Court, Rancho Cucamonga, stated that all the concems have been previously mentioned and she is requesting the help of the Planning Commission. Trish Stevens, 9999 Foothill Boulevard, Rancho Cucamonga, said that the management of Margarita Beach had previously been told their patrons could not park along the fence on Foothill Boulevard. She mentioned speeding cars and loud music. She noted that she called the police and the police did not respond. She reported that she also called the manager and he did not respond either. She said she has leamed to wear earplugs. She stated she collected 40 signatures on a petition in opposition of Margarita Beach. She said she reviewed the 5-year report and was surprised that the operation is within acceptable noise levels. She reported that her mobile home literally "rocks" from the noise. She said she is 76 Years old and should not have to put up with this. She said she received 5 more signatures today to add to the petition and presented them to the secretary. Commissioner Fletcher asked if the noise is from the parking lot or inside the club. V,., Planning Commission Minu1es -6- March 9, 2005 118 ".1../.3 Ms. Stevens stated the door to the club is often open; therefore it would be from the club. Hilda Phillips, 11248 Terra Vista Parkway #85, Rancho Cucamonga, said she wanted to address an issue related to Central Park and asked to whom should the letter be addressed. Mr. Buller said she can direct her letter to the Chairman of the Planning Commission and all of them will be given a copy of the letter. Elian Backhous, 9950 Foothill Boulevard, Rancho Cucamonga, stated he recently took ownership of the Ramona Market from his parents. He said they have operated the market for 20 years and they treat the business and their community like their home. He reported that they have never received a complaint and have even been complimented and thanked by the Department of Health Services for refusing alcohol and tobacco sales to minor decoys. He mentioned that they have never been ticketed ,lnd they strictly enforce their carding rules ahead of any profits. He said their neighbors .have a right to live in peace. Commissioner McPhail asked him for their hours of operation. Mr. Backhous said they are open Monday through Thursday, 8-11 p.m.; Friday and Saturday, 8-12 p.m.; and Sundays, 8-10 p.m. Commissioner Fletcher asked if patrons from Margarita Beach buy liquor at his store. Mr. Backhous said once in awhile they do, but they usually buy tobacco. Mark Davidson, 9950 Foothill Boulevard, Suite 5, Rancho Cucamonga, stated he is the owner of Margarita Beach. He said he is shocked and embarrassed and claimed he did not know anything about the charges until recently. He said he visits this neighborhood regularly and still did not know about the problems but he said he would like to explain how he plans to correct the situation. He said he canvassed the neighborhood and gave a letter to all of the neighbors, which he read into the record. The copy of the letter was received and filed by the Planning Department Secretary. He then read a 10-point list of suggested solutions for the neighborhood and an 8-point list of solutions for calls for service, copies of each were received and filed by the secretary for the record. Mr. Davidson then explained that 2 1/2 years ago he agreed to place a security guard at the market to discourage his patrons from parking there. He said people continue to park there. He said he will now place a guard on Estacia Court and that he was not aware his other measures were not working. He said that Mr. Sanchez indicated the problems were solved at their last meeting and he never heard anythihg different.-- He reported. that he believes there are 2-3 vehicles that park in this area from Margarita Beach and that the other 5-7 vehicles are overflow cars from the neighboring apartment complex. He said Captain Ortiz indicated there was no need to further condition or revoke his permits. He said that Captain Ortiz also recommended a review in 3-6 months. He said he has been operating these kinds of businesses since he was 14 years old and his mother and grandfather did it before him. He said he likes doing it; he's too old to leam anything else and too young to retire, so he will do a better job and continue to run this kind of business. James Reiss, Reiss & Johnson, Attomeys at Law, 10593 Foothill Boulevard, #410, Rancho Cucamonga, stated he is legal counsel for Mr. Davidson. Mr. Reiss stated the staff report in the agenda packet is filled with self-serving information with no real evidence to back it up. He said there have not been any violations of the laws, ABC, code enforcement, fire or police codes against Mr. Davidson's establishment. He did not feel the Planning Commission had the authority to ask for a hearing when no regulations, rules or conditions were violated. He stated that he did not believe there is enough evidence that would show this business operation is contrary to the peace, safety and general welfare of the public. He commented that nothing has been submitted that substantiates the neighbors' claims of vandalism or violence that can be directly attributed to Margarita Beach. He said he understands why the report was requested from the City Council Planning Commission Minutes -7- March 9, 2005 /18~tf<l meeting and that he viewed the tape of that meeting. He said we should take a "common sense approach." He reported that Mark Salazar of Code Enforcement did not indicate any problems with M~rgarita Beach. He commented that he does not support the recommendation. He said that the high number of calls to the police, when examined, could be simply a bar check, a lost phone, occupancy check or vandalism that was reported somewhere near the bar and that none of these could be directly attributed to Margarita Beach. He said that the statement made by Captain Ortiz should have been requested by Mr. Buller and included in the agenda packet. He said detailed, supportive evidence is missing and it makes it difficult to make a critical analysis. He encouraged the Commission to dig deeper. He said Sergeant Morrison would give a favorable report and that Mr. Davidson has an excellent relationship and communication with the Police Department. He claimed that there have not been any problems since the concems were reported to the City Council at their February 2, 2005, meeting. He reported that half of the calls made to the Fire Department were canceled before they arrived on the scene. He stated that there have been no violations of overcrowding or excess services needed by the Fire Department. He said their memorandum supports Mr. Davidson's position and not Mr. Buller's recommendation. He remarked that the letter submitted by Mr. Sanchez states Margarita Beach is a sleaze business. He stated this is not a moral issue. He said the claims that the bottles found in the neighborhood were from unrelated activities and not from Margarita Beach. He stated he believes the City has never revoked a Conditional Use Permit in the past, that the City only required a modification. He commented that he believes shutting down the business is not the solution, but proper regulation and operation of the facility is. He said Mr. Davidson has been very responsive and came "with his hat in one hand and an olive branch in the other" and asked that he be given a chance to run his business better. Mr. Reiss claimed there is no need for a public hearing, that the recommendation for the hearing should be tabled and that if the City proceeded, it would be step 1 of a 3 or 4 step leg!!1 battle. He suggested a meeting with the neighbors and Mr. Davidson to come up with solutions. He added that the busine~s has never violated any regulations and none of the official agencies have ever issued any written citations for violations. He commented that the Twins bar has as many calls for service as the Margarita Beach location and they only do 1/2 to 1/3 the amount of business. He said there are other bars up the street. He claimed that Mr. Davidson is being singled out. He said to find a solution rather than fight. At 8:35 p.m., the Planning Commission recessed for a break. They retumed at 8:40 p.m. to continue the public hearing. Chairman Macias announced that they would continue with the public testimony and if there was anyone that had already spoken, but wanted to address the Commission again, could do so, however, he would not entertain an ongoing debate between differing parties to take place. James Colbreath, 7421 London Avenue, Rancho Cucamonga, stated he is a student at Rancho Cucamonga High School. He indicated that London Avenue is perpendicular to Palo Alto. He reported that the Ramona Market is a great place to shop and he is a regular customer there. He said parking is an issue. He suggested that the CUP could be modified, but that the bar patrons will not change and they just want to have fun and that the bar may not be in the right place. Vicki Seimone, 8016 Pasito Avenue, Rancho Cucamonga, said she needed to clarify some things from her previous remarks to the Commission. She noted there was a typographical error on her letter (street name) and she asked that it be corrected. She said only a few cars park on her street but that many cars pull into the street and then tum around, creating a traffic problem. She said Mr. Reiss' comment regarding no formal reports being filed is in error because when the patron from Margarita Beach tried to break into her neighbor's home, the police were called and they drove him home. She said he even admitted he had come from Margarita Beach and that is positive proof that there is evidence the business directly affects the neighborhood. .Y,., Planning Commission Minutes -8- March 9, 2005 11g' -t/S'" Barbara Olson, 9805 Estacia Court, Rancho Cucamonga, said she attimded the meeting held 2 years ago and that she had dealt with the issues for the last g years. She said she is tired of all the "uninvited" people on her street. Cristina Cameron, 8017 Pasito Avenue, readdressed the Commission and stated she attended the meeting 2 years ago, but that no one else knew about it. She said that when she observed patrons of the bar parking on her street, she called the manager and the manager would re-direct traffic. She said that made the patrons mad and then they would leave broken bottles behind. Victoria Sanchez, 9869 Estacia Court, Rancho Cucamonga, retumed to the podium to address the Commission a second time. She reported that she is not comfortable with a security guard on her street. She remarked that if the bar really is not a problem as the owner states, then there should not be a need for a security guard. She added that the guard adds to the problem because he flashes his lights into their windows and then leave their trash behind. She noted that the cars associated with the apartment complex have window ID stickers on their cars and the neighbors are , . all familiar with those cars and she knows the owners of those cars are not the drinkers from the bar. She added that her car was vandalized. She commented that the cars belonging to the bar patrons are like cockroaches; when the lights go on, they scatter. She remarked that she is 20 years old and would never go into that kind of establishment and would never get drunk in a neighborhood because in her opinion, it is trashy. Christine Read, said there was an accident one night that involved one of the bar patrons. She said the driver pulled out onto Foothill Boulevard, attempted a -U-tum, llnd drove into a block wall across the street in front of the Pines mobile home park. She noted that there must have been a record of that because the City had to pay for the repair of the wall. She also reported that a medical helicopter had to be called in to airlift a patron that had slashed her wrists. Chairman Macias remarked that he felt the Commission understands the community impacts but asked that any additional remarks or testimony be limited to new information/issues that have not been discussed. Mark Davidson, 9950 Foothill Boulevard, Suite 5, Rancho Cucamonga, said he had personally reviewed the calls for service attributed to this location and that he felt they are not specifically . related to the bar activities. He claimed he did not know about the impacts on Pasito Avenue. He said this should be solved in a meeting in an office. He said if the neighbors don't like the security guard, they can call him and that he wants to solve the problem. He suggested they meet with him and come up with a solution and give the solution time to work and if that does not work then we could try.something.else.~ He said after 3.or 4 times oUrying solutions and ifthe.solutions still don't work, then the hearing process would be appropriate. He commented that at that time, the Commission could place additional conditions on his Conditional Use Permit if he is unable to make the changes himself. He said he would give it his best effort. Commissioner McPhail asked Mr. Davidson if he serves food at Margarita Beach. Mr. Davidson said they have a full menu such as steaks, fish, chicken etc. He said he used to manage a Red Robin restaurant and that he substantially copied their menu. Commissioner McPhail asked what hours they serve the food. Mr. Davidson replied that they serve until 10:00 p.m. Commissioner Fletcher asked what the legal capacity of the bar is. Mr. Davidson said 233 persons. Planning Commission Minutes -9- March 9,2005 / /8 .--t/{o Peggy Sanchez, 9869 Estacia Court, Rancho Cucamonga, retumed to the podium and asked if the police representative would be answering questions or would address the issue. Ed Sanchez, 9869 Estacia Court, Rancho Cucamonga, asked if the staff report is public because he wanted to go over the police report in particular because of the level of staff that is needed to respond to the calls at the business location. He mentioned that we have had problems staffing during the hours that the problems most often occur. Chairman Macias closed the public hearing. Commissioner Fletcher asked Kevin Ennis, Assistant City Attomey, to clarify the action before them this evening. Kevin Ennis, Assistant City Attomey, said the action is to consider the Conditional Use Permit and Entertainment Permit for Margarita Beach and the Conditional Use Permit for Ramona Market. He said the question was raised as to the authority of the Commission to set a hearing for revocation. He noted that when the original permit was approved, provisions were made specifically as listed conditions, that if the operation of the facility had an adverse affect upon adjacent businesses or operations, the CUP shall be brought before the Planning Commission for consideration and possible termination of the use. He said the Entertainment Permit has similar language including considering the adverse affects on adjacent businesses operations or residential uses. He said these are the terms and conditions that give the opportunity and right to conduct the use or activities and the terms under which they are subject to and give the right to be reviewed by the Commission if it is determined there are adverse affects. He noted that "Municipal Code Section 17.04:030G gives the Planning Commission authority to periodically review any conditional Use Permit "to ensure that it is being operated in a manner consistent with Conditions of Approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. If after review the Commission deems there is sufficient evidence to warrant a full investigation, then a public hearing date shall be set." He reported that the provisions for review for Entertainment Permits is also included in the staff report. He noted that per Municipal Code Section 5.12.100, the Planning Commission has the authority to suspend or revoke an Entertainment Permit if, following a notice and hearing, the Commission finds that the permittee "violated any rules, regulations or conditions adopted by the Planning Commission... relating to the permittee's business or permit: or conducted a permitted business in a manner cont~ary to the peace, health, safety and general welfare of the public..." He said this is the legal test as to whether the Commission could move forward to a public hearing. He added that there is no requirement for a formal notice or violation issued by the Alcohol Beverage Control (ABC), Police or Fire Department determination to show there was a legal violation of a code. He said the decision can be based on testimony and that direct eyewitness evidence presented by the speakers is sufficient on which to base the determination. He stated that when and if the Commission decides there is enough evidence to set a hearing, and the hearing occurs, then counsel will provide the Commission with advice at that time to determine if there is enough to warrant revocation of the permits. He remarked that this is not the time or the evidence upon which that decision will be made. Commissioner Fletcher clarified that the hearing for revocation does not have to result in a 'yes' or a 'no' but can result in additional conditions. Mr. Ennis said that is correct. He said that the Municipal Code provides the Commission can make 3 determinations: 1) find the CUP is being conducted in an appropriate manner and that no action to modify or revoke is necessary; 2) find the CUP is not being conducted in an appropriate manner and that modifications to conditions are necessary; or 3) find that the CUP is not being conducted in an appropriate manner and modifications are not available to mitigate the impacts and therefore revoke the permit requiring the operation to cease and desist within the time allotted by the Planning Commission. , Planning Commission Minutes March 9, 2005 I!~ -,Lf7 -10- Chairman Macias asked for Sergeant Morrison to present his report and comments. Sergeant Paul Morrison, from the San Bemardino County Sheriffs Department, stated he has been at 'the Rancho Cucamonga station since 1987. He said Captain Ortiz assigned him to review the call log for Margarita Beach and the center located at 9950 Foothill Boulevard. He explained that sometimes, certain locations are used as landmarks by the responding officers in their reports, which means that if an officer simply pulls over a car near that center, that center's address will be named or Margarita Beach in this case, could be named as the specific location. He said he reviewed 700 calls in which the word 'Margarita' was used to see if the bar was specifically involved in the calls listed, or if it was just used as a landmark and that he was personally responsible for making that determination. He said 412 calls were directly related to Margarita Beach or Margaritaville in the last 3 years. He commented that of those 412 calls, some could have just been a "bar check," a call related to driving under the influence, a car stop, vandalism in the parking lot or. just checking someone in the lot. If it was a call at 2:00 a.m. and the person was drunk, then there would be a high probability that the call was related to the bar operation, but there is a factor of error. Chairman Macias clarified that the bottom line what he did is subjective based upon assumptions that he has made. Commissioner Stewart asked if his department had a crime analysis unit so that a dissection of the call log could be done. Sergeant Morrison stated that they do. He said the system is much more difficult to determine details after the calls logged are over 90 days old. Commissioner Fletcher asked if he could recall how many calls came in after midnight. Sergeant Morrison said he did not know. Commissioner Fletcher asked if he could recall how many came in after 2:00 a.m. Sergeant Morrison replied that he did not know. He said if he was working with a time factor of 1 0:00 p.m. to 3:00 a.m., unless it was indicated as Margarita Beach it might not have related to them. Chairman Macias closed the public hearing. Commissioner Stewart asked if Code Enforcement had anything to add or give a response. Alison Rowlen, Code Enforcement Officer, stated she had nothing to add. Mr. Buller commented that Code Enforcement and the other departments were asked to review the entire center for calls for service. He noted that there are numerous code enforcement violations, property maintenance violations and sign violations in the center. He noted that there was a comment made that Margarita Beach and Ramona Market did not violate any codes. He added both businesses have illegal signs and one of their conditions states they must follow the sign ordinance. He remarked that Planning staff did not ask a listing of all violations for purposes of this review, but only asked for calls for service. Commissioner Stewart suggested that before they act on setting the Evidentiary Hearing, they remove Ramona Market from the hearing. She added that there is nothing that would indicate conflict with them or that they should be responsible for the problems they are experiencing there. She said she believes Mr.. Davidson is being responsive to the problems that he was aware of, but based upon the 412 calls received, she felt they should set a public hearing. She commented that the peace and welfare of the public have been affected and that the business is materially injurious to individuals and property. She noted that 12 people had been injured in altercations related to this Planning Commission Minutes -11- March 9, 2005 /115 -,'I~ business and judging from the call history thus far for this year, the number of calls for 2005 is likely to be higher than in previous years. She said that of those 412 calls, 119 of them resulted in police reports and that is a high volume for calls for service. She said she would like to set a public hearing 6-8 weeks out, and that would allow time to have the owner meet with the various departments and neighbors. She added that she would like the call history to be dissected by the type of calls and the time of the calls. She directed staff to do a community-policing project to include a mediator if necessary to mediate between the business and the neighborhood. She stated that she would like to see Code Enforcement, the neighbors, the Police, Engineering and those involved with the streets, and any violations of signage noted to help this business remain successful where it is currently located. She said she believes Mr. Davidson is making a good faith attempt and that it is possible much of this could be resolved before the hearing takes place. She remarked that this would require a lot of work and that she is asking for staff to step in and it will require a mutual effort. Commissioner McPhail agreed that Ramona Market should be removed from the request for a public hearing. She reported that on page F-30 of the agenda packet, Condition No. 1 of Planning , Commission Resolution No. 88-242A specifically states that alcohol may only be served when the full menu is available and when the full menu is no longer available, alcohol may no longer be served. She remarked that we heard tonight that the full menu is no longer available after 10:00 p.m. She said she wants this addressed and recommended a public hearing be set. .y", Commissioner Fletcher commented that the public does not need to wait 2-3 years to complain and that they can request a review at anytime. He stated he believes that the City Council asked for the review of the market because of the beer bottles found in the neighborhood and on the streets. He said it is unlikely that a bar would allow someone to walk out of the bar with beer bottles in hand. He said there was concem that it may have been beer purchased at the market and not in the bar. He said he did not believe that was the case. He added that there are numerous sign code violations throughout the center and asked that be addressed and asked Code Enforcement to do a separate review of the signs. He said that should be discussed specifically. He commented that there is a concem regarding the parking, the capacity of the bar, and the cars that overflow into the neighborhood. He stated that there is enough evidence to support a public hearing for examination. Chairman Macias stated that the action being taken is only to determine the need to conduct a public hearing to modify or revoke the Conditional Use Permit and Entertainment Permit for the bar and the Conditional Use Permit for the Market. He concurred about the impact of the bar on the community and that he believes a public hearing is in order. He said they should follow Mr. Davidson's atlomey's suggestion for a common sense approach. He cautioned staff to provide the proper evidence and that it needs to be solid and detailed from Code Enforcement, the Police and staff, so it is ready if the process ever reaches the point of revocation. He said if the public hearing addresses issues that include a report from Code Enforcement, then the report could include the market. He said a public hearing is just that, it could go either way. He remarked that he was encouraged by Mr. Davidson's desire to rectify this and that he hopes much of this will be resolved prior to the public hearing. He commented that he is encouraged that the owner posted security guards, but found it interesting as to why they are even needed. He suggested that there is enough evidence here to legally support their action to hold a public hearing. He said he supports the idea of precluding Ramona Market from the action, but asked for a review of the code violations for the entire center. He supported a hearing in 6-8 weeks to modify or revoke the CUP and EP for Margarita Beach and to preclude action against the market. Mr. Buller noted that setting the hearing for April 27th may allow for the necessary meetings but if more time was needed, the item could be continued at that point. Motion: Moved by Stewart, seconded by Fletcher to set an Evidentiary Public Hearing, slated forthe April 27th meeting as requested by staff. The Planning Commission agreed to remove Ramona Market from the primary action of this hearing. Motion carried by the following vote: Planning Commission Minutes -12- March g, 2005 (/8' -''19 AYES: NOES: ABSENT: , FLETCHER, MACIAS, McPHAIL, STEWART NONE McNIEL - carried ***.. PUBLIC COMMENTS No further comment was received from the public. ***.. COMMISSION BUSINESS None .*.** ADJOURNMENT Motion: Moved by Stewart, seconded by McPhail, carried 4-0-1 (McNiel absent), to adjoum. The Planning Commission adjoumed at 9:30 p.m. Approved: March 23, 2005 Planning Commission Minutes -13- March 9, 2005 lIS' --:5"6 DRAFT Bob Gallishaw, 3419 Via Lido, #438, stated he represents G & L Commercial. He reported that along with the conversion to condominium units, the project entails the total face-lift of a dated, 30- year old structure. He said the renovation takes the existing Spanish style to something much more updated. He said the change would also change the units from multi-tenant rentaVlease units to ''for- sale" condos. He remarked that their company has been very successful doing this. Vice Chairman McNiel asked what would happen to the current tenants if they were unable to purchase their unit. . Mr. Gallishaw commented that some will not be able to buy, but with the liberal loan programs offered by the Small Business Administration (SBA) with only 10 percent down, many will try to do so. He noted that rents also rise for businesses that continue to rent elsewhere instead of buying their space. ' Vice Chairman McNiel asked for clarification of the time line. He asked if when the conversion from 'rental unit to purchase occurs, when does the rental contract expire for the current occupants. Mr. Gallishaw stated that as soon as the map is recorded, the conversion would begin and that the units would then be offered for sale. He reported that all the month- to -month tenants would be offered the option of purchasing their unit or vacating. He said that all the tenants have been made aware of the conversion plans and some of the tenants are making their arrangements already. Commissioner Fletcher asked if there would be 52 units and what size would they be. Mr. Gallishaw noted that the units range in size from 1,200 square feet to 4,000 square feet for a total project size of 100,000 square feet. He commented that many purchasers would buy multiple units to accommodate the needs of their businesses. He remarked that he does not expect 52 transactions to. take place but more than likely around 30. Vice Chairman McNiel closed the public hearing. Commissioner McPhail said the project is straightforward and is in the best interes~ of the community. Commissioner Fletcher said the renovation lends a nice enhancement to a tired building. Motion: Moved by McPhail, seconded by Fletcher, to adopt the Resolution of Approval. for Tentative Tract Map SUBTT17424 as presented. Motion carried by the following vote: AYES:. FLETCHER, McNIEL, McPHAIL, STEWART NOES: NONE ABSENT: MACIAS - carried ***** C. CONDITIONAL USE PERMIT 88-45 AND ENTERTAINMENT PERMIT 91-03 - MARGARITA BEACH - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider modification or revocation of the approved Conditional Use Permit and Entertainment Permit. (Continued from May 11, 2005) Mike Diaz, Senior Planner, presented the staff report. Vice Chairman McNiel asked the Commissioners if they had any questions of the staff report. Planning Commission Minutes -3- DRAFT June 22, 2005 I f6 -,:)1 DRAFT Commissioner Stewart asked if the driveways and entries are blocked on Ramona Avenue, how would that be handled and who facilitates that. . Mr. Diaz reported that either barriers would be placed by the Margarita Beach staff and/or a security guard would be stationed at the Ramona Avenue driveway to direct patrons leaving the site to exit directly onto Foothill Boulevard instead of using Ramona Avenue. Brad Buller, City Planner noted that staff has worked with the City Engineer, that staff has been very cautious, and that we are trying to prevent a traffic problem on the public right-of way. Commissioner McPhail asked what time Mr. Buller and Mr. Diaz visited the site. Mr. Buller reported that it was shortly after 11 :30 p.m. He commented that although they did not ask for a menu that night, people were eating. Vice Chairman McNiel opened the public hearing. James Reiss, 10535 Foothill Boulevard, Suite 410, Rancho Cucamonga, stated he is legal counsel for Mark Davidson, the applicant. He noted that he was here for the meeting in March and that at that meeting 21 people testified regarding the business operation. He commented that he would like to move forward from this point and not rehash old issues. He said much of what was presented at the time were things that occurred pre-2005. He said he would like the Commission to define what they would hear from the residents. He said he would like their focus to be on what has been done since that time to address this issues presented at the prior meeting. He commented that in his estimation, the empirical evidence shows that only two calls had been recei~d over the last 5-month period that could be directly attributed to the business operation of Margarita Beach. He said he would like to limit the comments of the residents tonight to specifics of the last 4-6 months so they can address it. He said that he takes the view that, "if there was no police report, than it did not happen." He noted that Mr. Davidson does not object to the conditions in the resolution. He commented that if the discussion becomes directed towards the issue being a moral issue, or whether or not the operation is allowed, that we are not here to judge that there is a bar; we are here to determine if they have violated some code or some zoning issue as it relates to the business operation. He said he and Mr. Davidson support the adoption of the report and resolution and if there were any fine-tuning on the conditions, Mr. Davidson would be open to that. Mark Davidson, 9950 Foothill Boulevard, Suite S, Rancho Cucamonga, stated he is the owner of Margarita Beach. He noted that many changes have been made to be sensitive to the neighbors concems and that he wants to deal with the facts. He remarked that his business is not the sole cause of the problems being reported by his neighbors and that the residents have overstated the problems. He said that he would accept sole responsibility for making the corrections to all the. issues. He claimed that since the meeting with the City Council on February 2, there has not been one single call for service to the Police Department from the neighborhood. He enumerated his changes that are now in place as follows: 1. Provided security on Estacia Avenue to prevent their customers from parking in the neighborhood. 2. The security guards are no longer rotated for better consistency and effectiveness. 3. The local residents are prohibited from walking to and from Margarita Beach to prevent noise issues on their retum home. 4. His staff inspects the neighborhood for trash 3 times a day. He (Mark Davidson> personally inspects for trash 2-3 times a day. Planning Commission Minutes -4- DRAFT June 22, 2005 Ilg--S;)- DRAFT 5. The west exit onto Ramona is closed at 1:15 a.m. to ensure traffic is directed onto Foothill Boulevard instead of the neighborhood. 6. He personally canvassed the neighborhood and requested input and suggestions from the residents and gave all of his phone numbers and a letter to the residents so that he could be contacted in the event of any problems. 7. He attended the City sponsored meeting with the neighbors to work on their concems and he promised to attend any future neighborhood watch meetings. Mr. Davidson stated he set a goal to reduce the calls for service (police) to address the nuisance issue, and he believes there were only 6 calls in the last 3 months, 4 of which were police initiated and that 2 of those calls were for regular "bar checks." He estimated a decrease in calls of about 60- ' 90 percent over a 2-year period. He commented that this was accomplished by making the ,',operation of this business his top priority. He contacted Police Captain Ortiz and Sergeant Morrison , on a weekly basis and set up monthly meetings to discuss the issues; he offered bonuses to his security personnel to encourage them to be proactive; he added parking staff; he increased his security staff; he put into place a cab voucher program to transport customers home free of charge; he evaluated and reduced the number of advertisements distributed to reduce the overflow crowds. He said that between Planning Staff, Fire, Code Enforcement, ABC, and the Sheriff, his business has had over 100 random inspections in the neighborhood and that the Sheriff even performed uniformed and undercover checks of the premises. He said three City Council members personally checked the neighborhood. He reported that among all of those checks, not one person reported any evidence of his customers impacting the neighborhood since the last meeting. He said there was limited evidence supporting the complaints prior to the February 2 meeting. He said there is no evidence following that meeting. He said that he was quoting Captain Ortiz of saying that "if there was no report then it did not happen." He commented that Mayor Bill Alexander canvassed the neighborhood and he could not find any complaints and he congratulated him for his efforts. He said City Planner Brad Buller and Senior Planner Mike Diaz stated he is doing a good job, he is cooperating, and there was nothing else he could do except maintain the current standards. He noted that Captain Ortiz said repeatedly he is impressed with Mr. Davidson's cooperation, he sees no evidence of impact on the neighborhood, and he saw no need to restrict the Conditional Use Permit. He said the most recent complaint from the residents is that they do not want him to offer drink specials and they object to the models shown on his flyers. He said he has been stealing the models photographed in his ads from Frederick's of Hollywood and from Victoria Secret for years and they should direct their complaint there. He said if the Commission has any guidelines for the advertising he should use then he will comply. He noted that he has shut down his website because the neighbors found it objectionable. He commented that there is a concem that he will revert to the old way of doing business once this review is all over. He commented that Planning staff is suggesting new conditions to prevent "backsliding" and that the neighbors can request a review at any time. He said he would hope in the future, he could work directly with the neighbors to resolve any issues. He said the only neighbor he has heard from since the last meeting is "Pat." Commissioner Fletcher said Mr. Davidson asked if the shutdown of the website is temporary or permanent. Mr. Davidson said if you guys want it to be permanent then it is permanent. He added he has no intention of starting it back up. Vice Chairman McNiel commented that Mr. Reiss requested that comments be restricted to information relevant to the last 5 months and although he (Vice Chairman McNiel) believed that was a pretty good idea, he would not enforce that. He said he is a firm believer that everyone should have a say in the matter but that he asked that those offering testimony not dwell on issues that have already been corrected. He then opened the public hearing. Planning Commission Minutes -5- DRAFT June 22, 2005 II~ --5'3 DRAFT Christine Cameron, 8017 Pasito Avenue, Rancho Cucamonga, stated the residents' families are in attendance tonight including the 2 children she is adopting. She commented that the advertisements/flyers sent out by the applicant indicate BYOB, but in this case, the last 'B' does not mean bottle. She said this is the kind of traffic that is coming in their neighborhood. She said she does not want this activity occurring within 1,000 feet of her home. She said they have not had the same kind of problems since February, but that they have had to do a lot to keep their families safe from this business. She said it is shocking with everything that has gone on. She said they have had to put up with a lot of problems. She noted her children ask why there is a security guard on the street. She said there should not be a need for one. Commissioner Stewart asked when the flyer she referred to was sent out. Mrs. Cameron referred to another unidentified speaker in the audience that replied, "2 weeks ago." Mrs. Cameron said it has been difficult to explain to her 6-year old as to why there is a need for security, i.e., ''well honey, we have a bar that is really close, and the reason he is there is because he has this kind of traffic that we don't want you to deal with so he (the bar owner) has to put the security there in order to make our lives a little bit more comfortable in our neighborhood." Commissioner Fletcher asked what she has experienced in the last 3 months. Mrs. Cameron said there has not been anything going on because of the security that has been put in place. But that is what had to be done in order to live the life we want in our neighborhood. David Mosher, 8026 Cambridge Avenue, Rancho Cucamonga, stated the rear of his house abuts the rear of Margarita Beach. He reported that he has called at least 6 times this year and some of those calls occurred in the last 3 months. He said he can verify that with his cell phone records and he does not understand the information regarding calls for service presented by Mr. Davidson. He stated he still experiences issues with noise, car homs going off, customers urinating along the back wall, illegal parking in the back alley, customers yelling obscenities at each other, customers using the emergency exit which his understanding was not allowed by law, and cars racing in the back alley. He said he has lived there 2 years and had he known this was going on in his own backyard, he never would have moved to Rancho Cucamonga. He quoted an officer when he called for -servicewas, ''what do you wantus-t~do, they are drunks." He said he was shocked and offended, it needs to stop and that the business has become a nuisance. He added that last night there were two guys loudly singing to one another in the open emergency exit. He said the police must have had numerous calls, because when they called, they were put on hold. He presented a petition bearing 28 signatures from his nearby" neighborhood streets that states, 'We the undersigned hereby ask the Rancho Cucamonga Planning Commission to consider revoking or suspending Margarita Beach's Permits for being a public nuisance, repeatedly disturbing the peace, not abiding by the Law, and encouraging public drunkenness." Commissioner Stewart asked if he had placed his calls every other week since February. Mr. Mosher said he attended the last meeting with the Planning Commission. Commissioner Stewart asked if he was aware of the problems noted such as public urination. Mr. Mosher stated that he was present at the last meeting arid yes; the calls were placed after that. He remarked that a neighbor had damage to his property and now he has felt the need to install dual pane windows to mitigate the noise, he can't sleep anymore. - Commissioner Stewart asked if he ever directly spoke to the owner at Margarita Beach. Planning Commission Minutes -6- DRAFT June 22, 200? / g ---G'Y DRAFT Mr. Mosher stated he had not, he called a couple of times and he could never get through. He commented that his neighbors are tired from dealing with this for the last 9 years. He said he has not seen any changes. Vicky Scimone, 8016 Pasito Avenue, Rancho Cucamonga, expressed gratitude to the Police Department for upholdingtl'ieir promises made to the neighborhood since the previous meetings. She said she has noticed a marked increase in police presence and they now have a neighborhood watch program in force. 'She commented that she fears the presence will leave once the issues have been resolved. She remarked that she believes Margarita Beach is an obvious detriment to the community and they allow their customers to behave uncaringly in the neighborhood. She stated that Mark Davidson and the City have ignored the complaints about Margarita Beach for years. She said Mr. Davidson, in spite of his claims to the contrary, was aware ofthe problems being caused by his business. She reported that he had two previous meetings with Mr. Sanchez and the police. ' She said the residents would no longer allow their quality of life to be stripped from them by this .establishment. She remarked it is no longer just Mr. Sanchez vs. Mr. Davidson; it is all of the neighbors. She noted it was not until his permits came into play that Mr. Davidson showed any care for what was happening to his neighbors. Ms. Scimone said that she is frustrated with the lack of performance from the office of the City Planner and that they have accomplished nothing by going through his office. She commented that this indicates a bias toward Margarita Beach. She said she feels they have jumped through hoops such as to renew their Neighborhood Watch program, attend a mediation meeting to resolve issues prior to the public hearing, and meet with the other residents to formulate ideas to restore their quality of life. She remarked that they attended the mediation meeting and it was a joke in that Mr: Davidson was given full reign to speak and the residents were hushed if they wished to make a point or challenge things that were said. She added that nothing was resolved; the ideas formulated by the residents were rejected by the City, and so they came up with another list of suggested conditions as requested by the City. She noted that the new list had 14 recommendations and only one of the conditions in the resolution is from their list and that no repercussions are being imposed on the establishment. She said the City Planner's office showed total disregard for their complaints and for what is best for everyone involved. She added that words like "shall" and "will" are replaced with "possibly" and "maybe." She claimed that the City Planner has no intention of enforcing the Conditional Use Permit. She stated that considering all of the evidence presented in past meetings and in this meeting, Margarita Beach is clearly and blatantly defiant in regard to their permits. She said she believes Mr. Davidson should be penalized heavily --for-the-infractions to send a message to all-business owners that the City will-not tolerate the disruption to the community due to the said defiance. Commissioner Fletcher noted that she had mentioned the list of suggestions. He asked if she had read the staff report- and the changes to the -conditiohs.---- Ms. Scimone said that only 1 of 5 suggestions were used, specifically the one dealing with the security guards. She referred to the list shown in the agenda packet shown as Pages C-12 and C- 13. Commissioner McPhail asked if things had been better in the last 2 months. Ms. Scimone stated they are extremely better; and in a specific incident the security guard was helpful. She said the issue is that this is the third time they have asked the City for help with a business that is in clear violation of their Conditional Use Permit and Entertainment Permit. She asked what penalties are going to be imposed on him for these violations. She stated that nothing is being done in that regard. She remarked that they will be back before the Commission in 6 months because when the "heat is off," things will go back to where they were before just like the two times previously. She asked that they move forward and keep moving forward and to stop wasting the residents' time and the City's time. She said he is taking that away from us, "enough is enough." Planning Commission Minutes -7- DRAFT June 22, 2005 _ !I<g ---55 DRAFT Jean Mosher, 8026 Cambridge Avenue, Rancho Cucamonga, said he lives within a few hundred feet of the back of the building, reported that noise is still an issue. She indicated that the nature of the business is such that it does not belong where it is. She remarked that the Commissioners would not like this business in their backyard. She added that when the wind blows it is smelly, you could smell the urine. Jim Olson, 9805 Estacia Court, Rancho Cucamonga, expressed his disappointment of the recent actions of the Planning Commission. He stated the current conditions are totally inadequate and without merit and that they do nothing to address the problems presented by Margarita Beach and that it is like putting a band-aide on a broken arm. He stated that although Mr. Davidson promised to cease his radio and promotional advertising, the ads have resumed on 103.9 FM. He said Mr. Davidson has redefined the nature of the business without any consequences and it appears there are factions in the City that favor Mr. Davidson. He claimed the establishment began as a restaurant with ancillary serving of alcohol and now it is a nightclub. Mr. Olson referred to the Municipal Code 17.04.090/Adult Entertainment Business section. He stated the business is located within 1,500 feet of residences and that Margarita Beach is not located within the Industrial Area Specific Plan, and therefore these activities place the business in violation of the Municipal Code. He mentioned that he believes everything asked of the residents so far have been "dilatory tactics employed by the City." Mr. Olson stated the City is allowing Mr. Davidson to conduct business as usual. Mr. Olson asked the Commission what they fear and "what is the power Mark Davidson lords over the City?" He commented that if the City has not found any violations it i.s because they are not looking for them. Mr. Olson stated that anything less than a total review of the permits should be forwarded to the City Council and anything else is unacceptable. He referred to Municipal Code Section5.12.100, which states that suspension, or revocation of a permit should be considered if the permittee has "conducted a permitted business in a manner contrary to the peace, health, safety and general welfare of the public." He added that sections of the Resolutions of Approval for the Conditional Use Permit and Entertainment Permit have provisions within them that state that the permit wilj be brought to the Commission for review for any adverse effects such as public health, safety morals, or welfare, illegal, improper or disorderly operation of the business. He also cited the adverse effects on adjacent businesses, operations, or residential uses. Mr. Olson demanded that the Commission do its job. He then cited the 2001 General Plan which states the Planning Commission states: "A belief in our families and the need to promote their well-being," and that they also resolved to "A determination that our citizens and their property would be secure." He stated that we now have a -"red light district".and nothing has been done, . Commissioner Fletcher commented that Mr. Davidson is on his best behavior because "his feet have been put to the fire." Commissioner Fletcher asked if Mr. Davidson's business operation is any better.." -. -. -.-- .... -....- ..... Mr. Olson said he has found some beer bottles. He noted they have improved because they had to. He remarked that the real question is what type of business is he running? He stated his permit was for a restaurant with incidental sale of alcohol. He remarked that that is the same permit he is currently operating under without changes or amendments. He asked how we could allow this to snowball and degenerate into what it has become. He said what he has is not the same thing. He added that this is an unfair situation because the residents did everything the City asked them to do and favor is being given to Mr. Davidson and the City is not enforcing its own policies. He said that he is in direct violation of what we have set and he could not understand why the City has not. enforced that. Commission Fletcher said that is why we are here today. Mr. Olson remarked that over the course of the last 9 years the residents have become a problem. He added that they are not going away and they will not let this type of business impact their quality of life, nor let their children, families and the elderly to continue to be impacted by this. Planning Commission Minutes -8- DRAFT June 22, 2005 (18 -$"" DRAfT Barbara Olson, 9805 Estacia Court, Rancho Cucamonga, presented for the record a postcard advertisement for Margarita Beach, found in the parking lot since the last Planning Commission meeting. She remarked that the BYOB means Bring Your Own Bitch. She said other people apart from the customers of the bar go into this shopping center and people should not be exposed to this type of business operating in her neighborhood. Victoria Sanchez, 9869 Estacia Court, Rancho Cucamonga, said she was only 13 years old when the trouble with this business first began. Ms. Sanchez used the overhead projector to make her presentation displaying copies of advertisements and flyers for various promotional events held at Margarita Beach. She pointed out an advertisement for a "grand opening" on June 16 and noted that Mr. Davidson claimed he had stopped his radio promotions. She produced many pictures, and promotional advertisements allegedly photographed at the business. She commented that his restaurant is really adult entertainment. (Copies ofthe pictures are included in the official record). It . '. included pictures of his staff approaching the cleavage of a bar patron with his tongue. She said the . behavior is more indicative of a nightclub in Las Vegas. She included a photo of a patron taking a "sex shot" (alcohol is poured into the mouth of a patron that is in a lower position beneath a scantily clad waitress). She produced pictures of waitresses' rear ends and them grabbing each other's rear ends, girls fondling and licking each other's breasts. She pointed out a patron whose breasts were only covered with "pasties." She also displayed a photograph of two women "making out." She pointed out the dress code posted outside the door that does not allow tank tops but they allow women to attend practically nude. She displayed an advertisement for a "Pimp and Ho" party wherein patrons were offered a prize of $1,000 for the best pimp and the best ho. She also had pictures of a patron smoking within the establishment, which is illegal in bars in Califomia. She said these pictures all came from their own website. She reiterated that this activity is not what you would see in a restaurant, it is a red light district, a nightclub, and a sleazy bar. Peggy Sanchez, 9869 Estacia Court, Rancho Cucamonga, stated that the Conditional Use Permit says the business is a restaurant but it is really a nightclub. She noted that even the Clark telephone directory 2004-2005 lists Margarita Beach within the nightclub section of the directory; it is not advertised as a restaurant. She reported that the hours for the business are not typical of a restauranVbar with a 2:00 a.m. closing time. She mentioned that food is served and remarked that what he advertised is tacos and the like. She noted that Mr. Buller and Mr. Diaz did not stay late enough to really see what is really offered late into the night. She said it really appears the focus of - -the-business'is as a nightclub. She noted-that the-copy oHheEntertainment-Permit-(EP}should have been attached to the report and that it is not adequately addressed in the report. She asked that the Entertainment Permit also be reviewed in conjunction with the Conditional Use Permit (CUP) and that at the least, a specific restriction against adult entertainment be added. She said she has a concem with the draft resolution including the hours of operation, specifically Condition No. 13 should reflect 8:00 p.m. to 2:00 a.m.; the original resolution indicated that when 50 percent capacity is reached, the number of security personnel would go from one to two, but now it has been bumped up to 75 percent; the original CUP has some different verbiage than the EP, such as in Condition No. 10. She noted the EP refers to impacts on the residential uses. She expressed concem that the CUP will be talked about; the EP would be left out, and then the permits will be rubber-stamped. She stated that entertainment is the primary focus of this business and they should be reviewed together. She added that the level of investigation has not been enough. She noted that for City staff to go to the business one time at 11:30 p.m. is not enough, that surprise visits need to be made. She said to check the security. She commented that the City should have an implementation and monitoring plan. She said he (Mark Davidson) is out of compliance and that a 'reasonable person' could see that. She reported that Mr. Davidson is an experienced businessman, he has owned bars his whole adult life, and that he should know all the conditions and rules to follow and if he does not, then his attomey should advise him. She commented there are still noise issues and that she placed a call on May 15. She said the police would send someone ou1, but it was close to closing time. She added that for being located on Historic Route 66, people visiting our City, people coming home from vacation and driving through town are exposed to these patrons and she has not observed many police considering the drunks on the road. She said that the Commission should not Planning Commission Minutes -9- DRAFT June 22, 2005 7 II? "'5' DRAIFT make a decision tonight, take their time, that 4 or 5 modifications are not enough, it is a start, but it is not complete and they need to review the Entertainment Permit. . Rodney Trujillo, 9889 Estacia Court, Rancho Cucamonga, remarked that the security that has been placed directly in front of his property has made an impact but there are still negative impacts as well such as loud confrontations from the patrons of Margarita Beach (with the security guard) and seeds and cigarette butts left behind by the security guard. He asked if the guard could be placed across the street instead. Commissioner McPhail asked if there is still a problem with trash, seeds and cigarette butts in the last few months. Mr. Trujillo stated the seeds and butts remain, but the other trash is removed. Kim Wieson, 8010 Pasito Court, Rancho Cucamonga, stated she has been a resident for 27 years and a businesswoman for the last 15 years. She noted that it was a nice neighborhood, but now there are orange cones in the street and guards at night, but that the situation has been better recently. She asked why should they even have to have a security guard. She added that the Commissioners do not have one on their street. She said she gets home everyday at 5 p.m. and is around the house all weekend, but she could not recall anyone coming to her street to talk to her or her neighbors. Larry Libatore, 9870 Estacia Court, Rancho Cucamonga and has been a resident for 22 years, stated their problems have not changed; security is present on their street every weekend. He noted that two weeks ago there was a loud argument between patrons and the security guard as to why they could not park on his street. He added that the previous Sunday moming there was a confrontation that was broken up by security and he called 911, but by the time the police arrived, the people were gone. He wondered why the business would risk one of his employees to confront these people. He said these people need constant supervision by the City and the Police Department. He added that he would like parking restrictions on his street as a suggestion. Sara Moussavi, 8032 Pasito Avenue, Rancho Cucamonga, stated she has been a resident for 23 years and that she supports the position of her neighbors. She said they are being truthful in what .--they-have reportec:l.-She remarked-that she is appalled at this business operation. She said she has a 16-year old and it is difficult enough to raise children these days without this kind of influence. Ed Sanchez, 9865 Estacia Court, Rancho Cucamonga, said that what was a restaurant with a bar became a nightclub bar with entertainment as the primary activity and that entertainment is the primary cause of all the problems. He said the Planning Staff has only offered 5 recommendations, none of which address the Entertainment Permit. He noted that if staff had visited the business after midnight they would have observed the loud activity at closing time. He commented that they are still experiencing noise problems at the Pines Mobile home park. He remarked that Mr. Davidson claims ignorance of some conditions, but that Mark Davidson sent a letter to Brad Buller in 1996 detailing the conditions of his permits and the letter stated he understood and would comply with those conditions. He stated that Mr. Davidson changed the nature of his business without authorization from Planning. He commented that Planning has the responsibility to review both the CUP and the EP and if both were not addressed, then it would not be a thorough review. He remarked that he believes some of the City departments (Police and Planning) are supporting Mr. Davidson and therefore they are not getting to the core issue, which is the Entertainment Permit. He said Planning give this a through investigation and review as well as the City Attomey to verify that all of these "shenanigans" of changing and altering his business are looked at and dealt with properly and that we are enforcing those permits. He said he hopes the Commission will retum this to Planning for a thorough investigation. Vice Chairman McNiel allowed the applicant's attomey to offer a rebuttal. Planning Commission Minutes -10- DRAFT June 22; 200; t$f __~ DRAFT James Reiss, 10535 Foothill Boulevard, Suite 410, Rancho Cucamonga, commented that although the residents believe the Police and Planning staff have an agenda to support Mr. Davidson, but thefe is no empirical evidence to support their belief. Mr. Reiss stated that the three main prOblems detailed in the staff report (noise, overflow parking and loitering) have been solved. He remarked that the criticism of Mr. Davidson by Mr. Sanchez would never come to rest until he is driven out of business. He reiterated that Mr. Davidson has not violated the law and he is in compliance. He said it is a moral issue dealing with things such as dress code and the flyers distributecj and that he is in Compliance with all the laws. He stated that no matter whal his client does, it would not be enough. He commented that you could propose changes that could condition an owner out of business or will you attempt to create balance. He noted that staff supports moderate changes. He said it appears 10 be a moral issue, but without violations/empirical evidence from the Police, Code Enforcement, ABC, and the Fire Department, then no one can say they should close down Ihe business. He reported that he has attempted to accommodate the residents, Police, Code Enforcement, and the " ABC and if they want more, they can ask. Vice Chairman McNiel closed the public hearing. He thanked everyone for their participation and commented that everyone took some hits but that he was determined the meeting would be conducted in an orderly manner with no shouting matches. He reminded everyone that this is an open meeting and nothing is done behind closed doors. Commissioner Stewart asked the Assistant City Attomey, Kevin Ennis, to define adult entertainment/nightclubs/bar - restaurant per the Municipal Code. She commented that she could not see why so many pointed out' that they believe we are not addressing the Entertainment Permits. She noted that the staff report clearly addresses the fact that the Entertainment Permit is clearly tied to the Conditional Use Permit and both are being reviewed. She also asked Mr. Buller to explain how they should address the issue of the Entertainment Permit. Kevin Ennis, Assistant City Attomey addressed the queslion regarding whether this constilutes Adult Entertainment. He said Adult Entertainment business is categorized by the Development Code Section 17.04.090. He reported that there is a category noted as 'Adult Cabarel' which is defined as, "A nightclub, bar, restaurant, or similar establishment during which a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on 'Specified Sexual Activities' or by exposure of 'Specified Anatomical Areas' and/or feature films,' motion pictures, video-eassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of 'Specified Sexual Activities' or 'Specified Anatomical Areas' for observation by patrons." He continued with the a definition of 'Specified Anatomical Areas' as in part, "... the female breast below a point immediately above the tops of the areola." He addeifthat 'Specified'Sexual Activities' includes, ";.. the fondling or other erotic touching, actual or simulated, of human genitals, pubic region; buttocks, or female breast..." He noted that the question is whether this is an adult entertainment business. He said that if in fact these photographs submitted as exhibits are from this business, there are some that do qualify into these two categories. He suggested that if it is determined this is the predominant type of activity of the facility/business and are they creating a venue/situation where they allow people to present themselves in this manner. He said that there is some evidence that goes in that direction and that it is engaging in an adult entertainment business that is not permitted in this zone. He stated that staff can verify the facts further and code enforcement, and if this is exemplary of the activities and if so, there is a violation of the code. He noted that there are two distinct categories in the code and that there is a difference of category for a Bar and a second category for a Restaurant and Bar, but not a separate category for a nightclub. Mr. Buller noted that in the Development Code within the Foothill Boulevard Section of the code is Community Commercial, Subarea 3 and in that matrix describes the various land uses allowed in that subarea. He noted that a cocktail lounge/bar lounge/tavem including related entertainment use is a conditionally permitted use in Subarea 3. He added that the category of restaurants/sit-down, there are 4 categories including a restaurant with entertainment and/or with cocktail lounge and bar DRAFT Planning Commission Minutes -11- June 22, 2005 Ilff~ DRAFT or incidental serving of beer and wine and cocktail lounge. He said these are all subject to Conditional Use Permits (CUP) on this piece of property. He commented that the Conditional Use Permit is the parent use and that you cannot have an Entertainment Permit (EP) without a CUP. He noted that the EP is currently on hold and is up for review and will not be acted upon pending the Commission's action on the parent CUP. He said it has everything to do with the use and the selling of alcohol and the entertainment. He said the new CUP resolution addresses both permits. Mr. Ennis added that the business operation is operating pursuant to previous discretionary actions. He said the original application was for a restaurant and that was followed by a permit for alcohol. He reported that it then was modified to serve alcohol incidental to the operation of the restaurant use. He said that the Commission has the authority to require the facility to operate principally as a restaurant. He said if you are concemed about how this facility is operating as something else, the Commission could look at standards, conditions etc. to require it to ensure it operates principally as a restaurant. Mr. Buller replied that one of the residents offered an alternative and that is to limit the hours of operation, which would address the late hour issues. He said they are all in their purview to consider tonight. Commissioner McPhail commented that the original intent of the Conditional Use Permit was for a restaurant with the incidental serving of alcohol with food. She noted that at the last public hearing for Margarita Beach, Mr. Davidson admitted that they stopped serving food at 10:00 p.m. and that it became a different venue after that hour. She said they caught themselves on that and made the changes. She said she believes they are not upholding the original intent of the CUP approved in 1991 and that they are in violation of other issues; the business has harmed the neighbors; a security guard is there; cones are set up, and the neighbors have put up with far more than what good neighbors would put up with. She commented that if this were a new business, we would not be allowing cones, blocked driveways, security guards and noise. She said we would not want to have that and that we would not believe that is an appropriate land use. She added that she believes they have violated their CUP. Commissioner Fletcher acknowledged the dilemma of the situation noting that he is sympathetic to the neighbors concems that seem to have gone on for years. In response to the comments that indicated staff was not doing anything about the situation, he explained that the Commission must follow the process in the investigation and review of the business. He said that this business is a conditionally permitted operation and can be reviewed at anytime and that the public has that power in their hands. He said it is disturbing that this went on for g years and we had not heard anything about it. He explained that the first contact was to the City Council, not the Planning Commission, and when the issue was presented to the Planning Commission, the Commission was required to first have a public hearing to determine if there was enough evidence supporting the complaints as per the Development Code regulations. He noted that this (tonight) is the first time the Commission as a body could say direct things about Mr. Davidson's business operation and that evidenced by the residents' comments, the business owner has made attempts and has made significant improvements in the last 3 months. Commissioner Fletcher said he reviewed the website and believed from the start that the website would probably cause him more problems than anything said here. He found the website disturbing as well as the promotional materials. He said that staff would have to determine if there are Code violations and that this type of a business that encourages and promotes young people to come and get drunk will cause problems in a neighborhood. He remarked that if the promotions continue, the problems associated with the business would not go away. He commented that the business operation has gotten out of hand, a little exaggerated and it is his (Mr. Davidson's) responsibility to control it and operate it within the confines of the permit. He noted that the residents mentioned their list of recommendations. He pointed out that some of those recommendations are incorporated into staffs recommendations and some items could not be used because the City has no legal control, such as offering a .25 (cent) beer. He commented that Mr. Davidson's attomey said the business has no empirical evidence of violations, but Commissioner Planning Commission Minutes -12- DRAFT June 22, 2005 /18 ~66 DRAfT Fletcher remarked that the photographs are evidence and the website pictures were shocking such as a banner on the wall that says, "Eat and drink and get fat and drunk." He said the promotion encourages behavior that will be problematic for his business. He said he agrees with staffs recommendations in the report. He said he is curious about the continuing problem with people. hanging out at the rear of the building considering it is an existing condition of the use permit that this not be allowed. He said he would support the review periods outlined by staff with the exception of the final progress report. He commented that there should be two 6-month reviews. He said the applicant will be on a tight leash and his feet are being held to the fire but they have made improvements and that he recommends the Commission adopt the recommendations as presented by staff with a modification to the frequency of review and approve their permits subject to those changes and subject to the future comments of the neighbors. He noted that ifthere are any further disturbances, the residents should let the Commission know because the CUP can be reviewed at any time at their suggestion. ;. Commissioner Stewart commented that this business went from 400 police calls in 2002 to 2 calls. She remarked that this is significant and it says we are going in the right direction with this business. She added that some of the calls were self-initiated and the police are performing well. She noted that this is the first time this business has been reviewed by the Planning Commission, and although the residents have experienced problems for 9 years, it was only brought to us in February from the City COunciL She said that at that time we asked you (the residents) to work with staff and Margarita Beach towards a resolution. She noted that most of the residents have testified tonight of some improvement in the last 3 months. She commented in regard to long-term management of this business operation; we cannot afford for the police teams to be solely dedicated to this business operation. She concurred with Commissioner Fletcher in that if this resolution went forward, she would recommend a shorter, more frequent review period for this business operation such as a 3- month review followed by another 3-month review followed by a 6-month review and again followed by another 6-month review to keep their feet to the fire and that they would rely on communications from the neighborhood if there are continuing problems. Commissioner Stewart then said that she believes they are bordering on adult entertainment and that we may be operating something in violation of our Code and the zoning and we are moving outside the original parameters of the permits in that this is no longer a restaurant. She noted that there should be more regulations in the Resolution. She recommended they not take action tonight and that the review of this business go back to staff to evaluate the zoning and the adult entertainment issue. She added that it is not her -goal-to-shut down the business-but-this-is the first step was to address the. regulatory-issues. She stated that the number of calls has been reduced and things are generally better in the neighborhood. She said the placement of cones and security is not a good solution but there are other issues that can be resolved. She recommended the review of the operation be referred back to staff to work with the group and with Margarita Beach" to ad additional regulations but thahhe is . more concemed with the possible zone violations. Vice Chairman McNiel referred to the information included in the agenda packet, which gives a chronology of the business. He noted that in 1988 we had a nice restaurant; in 1991 they added a bar to the restaurant followed by the adding of entertainment. He explained that the original Entertainment Permit was for a small band, disc jockey and a couple of comedians. He noted that this is not what we have today, that the business operation has changed dramatically and goes beyond the limitations of the Conditional Use Permit. He contended that based upon what we have seen today, the COmmission has the right to pull their permit and close their doors. He noted that we have seen improvements and the possibility exists that we could change this and go back to the original restaurant use. He pointed out that if the Commission takes action tonight, to close the public hearing, then they miss the opportunity to give it back to staff. He said the requirements need to be strengthened, that this operation is not what we agreed to in 1991 and initially he thought he would pull their CUP, but he decided sending it back to staff was the best option. Commissioner Fletcher asked if they could adopt the additional conditions and continue the hearing so that staff can further review the business operation. Planning COmmission Minutes -13- DRAfT June 22, 2005 118/t.,1 DRAFT Vice Chairman McNiel staled he would prefer to continue the item and stiffen their conditions. Commissioner Fletcher said it may not need more stiffening and would depend upon how Mr. Davidson operates il in the future. He said that if Mr. Davidson continues operating it like he has, then there is a good chance he will be out of business when we review it in the future. Commissioner McPhail explained she does not have a background in the restaurant business and therefore asked staff to help the Commission formulate conditions that transforms the business back to a restaurant use that serves ancillary adult beverages then what it has become. She said she did not feel qualified to come up with those conditions this evening. Commissioner Stewart said she is not in favor with what Commissioner Fletcher is suggesting. She noted that staff needs to have further discussions with Margarita Beach and they may elect to do other things based upon what this Commission has said tonight and they may not. She said il might . .not be appropriate if there is a potential zone violation then the Commission should not take action, Vice Chairman McNiel inte~ected and said they are "over the line." Commissioner Stewart continued and suggested they get staffs help, that staff can work with the business and let them take the time needed, and that additional conditions will not be sufficient right now because they have other things to deal with. Brad Buller commented that we did not know if the direction of the Commission would be more conservative and with the evidence presented by Ms. Sanchez and the attomey's comments alluding to this being evidence of adult entertainment, it would take a lot of staff hours to evaluate that, its degree and frequency and it is likely that if we visited the facility now, we would not see that happening. He remarked that the photographs are evidence that is was occurring and has occurred on site and that is assuming they were taken on site in that facility. Commissioner McPhail asked for concurrence and direction we would like them 10 take. She said she would like to see it go towards a restaurant. She said they have a couple of options, either for staff to work with the owner to head in that direction or for staff to come up with a set of conditions that would predicate that is what absolutely has to happen. Vice Chairman McNiel said he supports the business operation going back to a restaurant use. Mr. Buller commented that if the Commission is directing we continue the hearing, it is likely that staff would need lWo- weeks to come up with more neighborly/conservative conditions such as the recommendation to revert back to the 50 percent parking requirement, revert back to the 8:00 p.m. requirement, add security guards, minimize the hours of operation that would be more conducive to a neighborhood restaurant. He added that the Commission wants staff to work with the owner, then 30 days would work; two weeks may not be enough. He added that the attomey says there may be enough evidence to say that this business is operating as an adult entertainment business. He said the photos presented are evidence that these activities were and are occurring. . Vice Chairman McNiel asked that if they made a determination in two weeks, would that be enough time for staff to pull together everything they need for a report and to have communication with Mr. Davidson. Commissioner Stewart said crucial dialogue needs to happen and we owe Mr. Davidson as a businessman the opportunity to dialogue with staff and if the neighbors are not insisting the business be shut down as they have claimed, then we should give Mr. Davidson that opportunity. Commissioner McPhail said she would like to see less of a need for security rather than beefing up the security. Planning Commission Minutes -14- DRAFT June 22, 2005 I 18---6 if- DRAFT Mr. Buller noted that the presence of the security personnel did not feel right to the residents. He indicated that the general consensus of the Commission is to have staff come back with re!?0mmendations and conditions. He wamed Mr. Davidson that he (Mr. Buller)would come to a point that he would make a recommendation with or without his support, that he would engage in conversation but there will come a time with a deadline and he would present to him some altematives or his best recommendation. Commissioner McPhail moved to continue to the next Planning Commission meeting. Commissioner Stewart seconded the motion. Kevin Ennis interjected and clarified their intention to continue the item and keep the public hearing closed or to reopen the hearing to allow additional comment. '. Vice Chairman McNiel said he is a firm believer in allowing people their say and he would favor reopen the public hearing and it would be an open meeting. Kevin Ennis said they could re-open and continue the public hearing, and they could request that the testimony heard at that meeting be limited to new information and any new conditions that may be imposed on the business operation. Vice Chairman McNiel re-opened the public hearing. Motion: Moved by McPhail, seconded by Stewart, to continue the public hearing for Conditional Use Permit 88-45 and Entertainment Permit 91-03 - Margarita Beach until the July 13, 2005 Planning Commission meeting. The business operation will be sent back to staff for this 3-week period for further review, possible modification .of the conditions, and to work with the business owner. Motion carried by the following vote: AYES: FLETCHER, McNIEL, McPHAIL, STEWART NOES: NONE ABSENT: MACIAS - carried Vice Chairman commented that he could bet that no one in the room is happy, but they are doing _what.should beDone under-the law_andwhat should be doneJor all parties concemed. He said they will get it resolved and even then some people won't be happy and when that occurs, someone will appeal it to the City Council because that is part of the process and the law as well. *****- PUBLIC COMMENTS No additional comments were made. .*.** COMMISSION BUSINESS The Commission had no additional business. ***.. Planning Commission Minutes -15- DRAFT June 22, 200ji II~/~ RESOLUTION NO. 91-184 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 91-03 TO OPERATE AND CONDUCT LIVE ENTERTAINMENT AND DANCING FOR SKIPPER'S GRILL AND BAR LOCATED AT 9950 FOOTHILL BOULEVARD, SUITES R & S, WITHIN A COMMERCIAL CENTER IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-621-34. A. Recitals. (i) Fred and Urai Nelson has filed application for the issuance of Entertainment Permit No. 91-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." (ii) On the 23rd of October 1991, and continued to November 13, 1991, the Planning Commission of the city of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All iegal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part At of this Resolution are true and correct. 2. during the 13, 1991, testimony, Based upon substantial evidence presented to this Commission above-referenced public hearing on October 23, 1991, and November including written and oral staff reports, together with public this Commission hereby specifically finds as follows: (a) The application applies to property located at 9950 Foothill Boulevard with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with one multi-tenant commercial building; and (b) The property to the north of the subject site is apartments, the property to the south of the site consists of a mobile home park, the property to the east is a commercial building, and the property to the west is a service station. p 118' "6 if PLANNING COMMISSION RESOLUTION NO. EP NO. 9l-03/SKIPPERS GRILL & BAR November 13, 1991 Page 2 (c) Skipper's Grill & Bar is a full service restaurant serving alcoholic beverages. The proposed entertainment will be conducted indoors, Sunday through Saturday from 8:00 p.m. to 2:00 a.m. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: .01', (a) That the conduct of the establishment or the granting of the application would not be contrary to the public health, safety, morals, or welfare; and (b) That the premises or establishment are not likely to be operated in an illegal, improper, or disorderly manner; and (c) That the applicant has not had any approval, permit, or "license issued in conjunction with the sale of alcohol or the provision of entertainment revoked within the preceding ten years; and (d) That granting the application would not create a public nuisance; and (e) That the interfere with the peace and community commercial center; normal 'operation of the premises would quiet of the surrounding residential uses and and not the (f) The applicant has not made any false, misleading, or fraudulent statement of material fact in the required application." 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below: Conditions: 1) This approval is for small bands or individual musicians. 2) Dancing is permitted on a dance floor area which shall not exceed 150 square feet. 3) If the operation of this Entertainment Permit causes any adverse effects upon adjacent businesses or operations or residential uses, the Entertainment Permit shall be brought before the Planning Commission for the consideration and possible suspension or revocation of the permit. 11'8/('s- PLANNING COMMISSION RESOLUTION NO. 91-184 EP NO. 91-03/SKIPPERS GRILL & BAR 'November 13, 1991 Page 3 4) All doors shall remain closed entertainment is being conducted for attenuation purposes. The rear (north) shall be used only for emergencies 8:00 p.m. to 2:00 a.m. when noise doors from 5) Hours of operation of the entertainment use shall be limited to Sunday through Saturday, from 8:,00 p.m: to 2:00 a.m. 6) Entertainment shall be conducted inside the building. 7) The Entertainment Permit shall not commence until such time as all Uniform Building Code and State Fire Marshall's regulations have been complied with. Plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division for review and approval prior to commencement of any entertainment activity. 8) All customers shall use the front (south) entrance/exit, and use of the rear (north) parking lot shall be limited to employees. 9) All entertainment activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10:00 p.m. to 7:00 a.m. and 65 dB during the hours of 7:00 a.m. to 10:00 p.m. 10) Approval of this request shall not waive compliance with all sections of the Foothill Boulevard Specific Plan, all applicable City Ordinances, Foothill Fire District requirements, and Public Health codes. 11) Any modification, operation will Conditional Use expansion, require a Permit. or other change in revision to the 12) All signage shall be designed in conformance with the Comprehensive Sign Ordinance and applicable Uniform Sign Program and shall require review and approval by the Planning Division. 5. The Secretary to this commission shall certify to the adoption of this Resolution. /18 -'~? PLANNING COMMISSION RESOLUTION NO. 9l~184 EP NO. 91-03/SKIPPERS GRILL & BAR November 13, 1991 Page 4 APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 1991. PLANNING ION OF THE CITY O~O CUCAMONGA BY: <, I, Brad Buller, Secretary of the Planning Commission of the City of Rancho cucamonga, do hereby certify that the foregoing Resolution was duly and requ1ar1y introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of November 1991, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: CHITIEA, VALLETTE ABSENT: COMMISSIONERS: NONE 1/8 -~ ? ~~' ,,<):~~:;,:; ,;"" " . ." ~ ~illi"" ~~,1'. 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' "I .,.~1. ,; i"'ll Il :'. :\;~t- I ji ",?j .~ "'1l:i'~!:1 fi ~ License Query System Data Srary . California Department of Alcoholic Beverage Control License Query System Summary as of 6/22/2005 ILicense Information I lLicense Number: 316819 Status: ACTIVE I iPrimary Owner: RANCHO CUCAMONGA RESTAURANT VENTURES INC I iABc Office of Application: RIVERSIDE I IBusiness Name I Iooine Business As: MARGARITA BEACH IBusiness Address IAddress: 9950 W FOOTHILL BLVD UNIT S Census Tract: 0020.05 ICity: RANCHO CUCAMONGA County: SAN BERNARDINO IState: CA Zip Code: 91730 \ ILicensee Information lLicensee: RANCHO CUCAMONGA RESTAURANT VENTURES INC I Company Officer Information I Officer: DAVIDSON MARK G, PRESIDENT I Officer: SAMBOLIN JOSE A, VICE PRESIDENT ILicense Tvpes I 1) License Type: 47 - ON-SALE GENERAL EATING PLACE I License Type Status: ACTIVE I Status Date: 03-JUN-1998 Term: 12 Month(s) I Orieinal Issue Date: 29-MAR-1996 Expiration Date: 28-FEB-2006 I Master: Y Duplicate: 0 Fee Code: P40 I Condition: OPERATING RESTRICTIONS I License Type was Transferred On: From: 191834 I 2) License Type: 30 - TEMPORARY PERMIT I License Type Status: ISSUE I Status Date: 28-MAR-1996 Term: 0 Month(s) I Orieinal Issue Date: Expiration Date: I Master: Y Duplicate: 0 Fee Code: NA !current Disciplinary Action ~ . . No Active Disciplinary Action found. . . IDisciplinarY History ~ . . No Disciplinary History found. . . IHold Information L-\. No Active Holds found. . . I (5 http://www.abc.ca.gov/datport/LQSData.asp?ID=2008279425 Page 1 0[2 '. 1/8>7; 6/22/2005 /I 170'd ~ lEse 181. 606 ../ ALCOHOUC BEVERAGE CONTROL ACT States internal revenue bonded warehouses when the bonded warehouses are used for storage of alcoholic heverages for the account of another licen""". C..-refereacu.-C1ISlOm bMdocI"~ _ 19 U. S. C. A. t 1555.lnlCmlll n:VCDUt bollded ~ - 26 U. S. C.A. fWlelMq. 23037. "Oub," "guesL" "Club" means a corporation or liSsociation which is the owner, lessee, or occupant of an establishment operated solely for objects of a social or alhletic nature but not for pecuniary gain, having a bona fide membership list, and the majority of the members of which pay dues at least once in every year, and the property liS well as the advantages of which 'belong to the members, and which se1Is aloohoJic beverages only to its members and its bona fide guests. A guest is defined as a person who is actually a houseguest, or a person whose presence as a guest is in response to a specific invitation for the special occasion. ~ IIM'l, ell. 616, in.eel 8epteJaber 11, 196'1, added ~ which IIllIle aloohoUC......... oal7 to I'PI memben _d ILl bona lid. ....... ad ~ aen&enee. (2ii3tl"Bona fide public eating place," "mea\s." "Bona fide public eating ~ans a place which is regularly and in a bona fide manner used and kepi open for the serving of mea1s 10 guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assomuent of foods which may be required for ordinary meals, the kitchen of which' must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. "Meals" means the usual assorunent of foods corrunonly ordered at various hours of the day; the service of such food and victuals only as sandwicbes or salads shall not be deemed a compliance with this requirernen~ "Guests" shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the pmpose of obtaining, and actually order and obtain at such time, in good fai1lt, a meal therein. Nothing in this ~tion, however, shall be oonsnued to require that any food be sold or purchased witb any beverage. Bittor7.-8taA. ]8M, ell. 17'18, operatift JUluary I, 195'1, ..eadeli MCtioD to read .. above. ~ qree1I1eat.-ex.cepl: IS pamiu.ed by Sec1XID 23787.. ~ under" boruI fide puh11c eodu&: pJlICCOll-Nla plIlUl lieenJC may IIOl: /ea5c or make. ~asion ~ lUClcr whicb lie would in effect sublet Iht relDIJI'Rlll opmliom OJI hiJ pmaisa. 29 OJ-. AII)'. 0eII. 95. S'1~ 3-27.57. OwDenbJp of lioeDlIII .. evldeau. of OWDenhip of eOftllected nstaura:Dt.-Tht IpptIl"InQIl; of I pcnom' I1ImO 0111 1IlpJrllcellseofl ty~ wlBch rcqlliml him 1o_1l:)od is eYidc:neethllhe L, theOWlll:lIUlll opcmororl R5laU1m\!I MijoinbtJthe IiccAsed premisa. F_,~rJ CtMIpfIIf1 V. Kit".,.. 149 CIl. App. 2d167. Ac:lub... ~fideeatinl' plaee.-Aelub Ucense and I baolI fukca1ingpiace Ikcmt' atelCJlUKlC..-.l dl$\lncl: lypesdDeaJsa even thougb "club m1ptqualily.... bona f\dealio;pbloc. The NCtplloDupmllld in PcniI Co6c I J72e~ lIl1lexll:1ld to club liCCInICL Hdrm v. Akahnlil: Bnerag~ CotIltoI /JppmU Ikxlrr/ (Bt,uKy City MbmclI:' Club}. 201 Cal. App. 2d 561. 23038.1. Convention center, exhibit ball or auditorium. Notwithstanding the provisions of Section 23038, "bona fide public eating place" also means a convention center, exhibit ha1I, or auditorium, which sball hereinafter be referred to as "premises," owned by or leased to the State of California, any inCOlporated city, county, city and county, or public corporation of the State of California which is regularly and in a bona fide manner used and kept open for the attendance of groups of guests, and in connection with such use serves meals to such groups of guests for compensation. and which has suitable kitchen facilities in connection therewi1lt, such kitchen containing conveniences for preparation of ordinary meals and maintained in a sanitary condition with proper refrigeration for the keeping of food on the premises in compliance with all regulations of the local department of health. "Meals," as used in this section, means foods commonly ordered at a lunch or dinner; provided, however, that lbe service of food such as sandwiches or salads only sball not be deemed compliance with this requirement. 19 !18--7d-' \:jJ ;:lQ 31\:jlS ~ :01 S00c-0E-Nnf I~EROFFICE MErJb ~ DATE JUNE 9, 2005 FROM Paul Morrison, Sergeant Rancho Cucamonga Station TO Pete Ortiz, Captain Rancho Cucamonga Station PHONE (909)477-2600 SUBJECT MARGARITA BEACH CALLS FOR SERVICE 032205.060705 ~', The following is a breakdown of the 6 calls for service related to Margarita Beach from March 22, 2005 through June 7,2005. . Call tvIJe Calls ReIJorls Bar check/pedestrian/traffic stops 2 1 Assaults 0 0 Drunk in public/ DUI 1 1 Disturbing the peace 2 0 Other 1 0 Total 6 2 Total calls initiated by police approximately 4 No calls for service related to Margarita Beach were recorded in the surrounding neighborhoods. -:r:: /If--/3 DATE FROM. I~EROFFICE ME~ TO March 21, 2005 Paul Morrison, Sergeant Rancho Cucamonga Station Pete Ortiz, Captain Rancho Cucamonga Station PHONE (909)477-2800 )d#! G.-&o'l."~ W ~o/ SUBJECT MARGARITA BEACH CALLS FOR SERVICE 020205 - 032105 The following is a breakdown of the 25 calls for service related to Margarita Beach from February 2, 2005 through March 21, 2005. . Call type Calls Reports Bar check/pedestrian/traffic stops 18 0 Assaults 3 2 Drunk in public/ DUI 2 2 Disturbing the peace 1 0 Other 1 1 Total 25 5 Total calls initiated by police approximately 21 !~-7V I~EROFFICE ME~ DATE March 17,2005 FROM Paul Morrison, Sergeant Rancho Cucamonga Station TO Pete Ortiz, Captain Rancho Cucamonga Station PHONE (909)477-2800 SUBJECT MARGARITA BEACH CALL AND REPORT BREAKDOWN The Rancho Cucamonga City Planning Commission requested a breakdown of the calls for service for Margarita Beach. The Planning Commission reviewed 412 calls starting January 2002 through February 2005. The following is a breakdown of these calls. Call TVDe Calls ReDorts Bar check! pedestrian/traffic stops 149 0 Theft related ,64 47 Assaults 54 22 Disturbing the peace 54 2 Drunk in public/ DUI 34 32 Vandalism 5 5 Alarms 4 0 Traffic collisions 3 1 Other 25 10 Total 412 119 Total calls initiated by police approximately 210 ! 18 ~ 75 . . . OTSCASPR~ 7/06/,/J5 SUPERIOR COURT OF CALIF COUNTY OF SAN BERNARDINO CASE PRINT SAN BDNO CO ---------------------------------------------------------------------- Page: CASE NUMBER: 2173050MD DEFENDANT STATUS: CJ,osed ARREST NBR : ARREST DATE ....: N/A ARREST AGY : RANCHO CUCAMONGA PD/RC Defendant .: DAVIDSON, MARK GERARD Defn: 1 of ========D~t~=Fil~d===05/02/05==============================================0 Continuances: Age in Dars : Last Tria. .: o 30 07/17/05 District Attorney : Defense Attorney : Jqmes Reiss Custody Status ...:N/A. - Bail: Charge Information ------------------- ct 001 FILED 6404.5(B) LC .Plea ALLOW SMOKING IN PLACE OF EMPL G OYMENT Disposed Cases -------------- Case Number MWV041822 Exgir~s Convicted/Warrant Charges 05/05/99 M415 PC Status Sev Convicc I Status A/R Fine Fine Amount $330.00 Bail Information Amount Paid $330.00 Amount Due Date/To Pay 06 17/05 $0.00 Amount $0.00 $0.00 Depositor DEFENDANT Amt Ordered: Total Posted: Case Action Information ----------------------- Action Div 6/21/05 6/17/05 R3 ~ Description ------------------------- CHECK 23219 FOR $330.00 APPLIED TO CASE. ------------------------- Bail applied to fines on cases 2173050MD. ------------------------- Bail of $330.00 applied from case number 2173050MD. ============= MINUTE ORDER END ================ ------------------------- COURT TRIAL JUDGE LARRY WALLEN Clerk Violet F Martinez Reporter M Bernard Balliff D Okeefe APPEARANCES . City Prosecutor Greg Palmer present in court Attorney James Reiss present. Pursuant to Section 977 PC, counsel present without Defendant. PLEA INFORMATION Defendant withdraws plea of NOT GUILTY and enters a plea of GUILTY as to Count(s) 1. Defendant is informed of his/her right to be sentenced no earlier than six hours nor any later than five days after he/she has entered his/her plea of GUILTY or NOLO CONTENDERE or found GUILTY. The court finds that he/she knowingly, freely and expressly waives that right. SENTENCING INFORMATION For all charges. Pay the fine $330.00, by 06/17/2005. . Authorized No status Dispo //<o..-7h ._'~:; ~!..,~",.,..:" ..__~_::..... ~.'4wy.:~"i..-H '''_-r-~ -~._--*..- .-~-.-.__. ., SU~PERI~~ C~:~~'~F C~~IF '~~~~TY'OF SAN BERNARDINO ~~PElnOR CASE PRINT Page: ~~ ' ,SAN BDNO CO '~u~~iRT--~--2173050MD---------------------~--R~~~~~Ag~~~T~~~~T-~}~;~d-" ARREST AGY : RANCHO CUCAMONGA PD/RC Defendant .: DAVIDSON, MARK GERARD Defn: 1 of ================================================================================ Pay fine to the Court CUSTODY STATUS Defendant Released. Apply bail to fine. ============= MINUTE ORDER END ================ - 6/15/05 5/20/05 5/18/05 R5 5/06/05 5/05/05 5/04/05 5/02/05 2 ------------------------- (795) Rescheduled Hearing Moved from Division R2 to R3 ------------------------- (795) Rescheduled Hearing Moved from Division R2A to R2 ------------------------- (795) Rescheduled Hearing Moved from Division R1 to R2A citing,Agency notified;subpoena issued and sent to offIcer. eLK'S ARRAIGNMENT/COUNTER & TELEPHONE JUDGE Gerard S Brown Clerk S Meinhardt Defendant present (at counter) PROCEEDINGS Advisal of rights signed by Defendant and filed. Defendant waives formal arraignment. PLEA INFORMATION Defendant pleads NOT GUILTY to Count(s) 1. HEARINGS Court Trial set for 06/1~62005 at 8:00 in Department R1. Estimated days. Arraignment and Court Trial Setting Form filed. Citing,Agency notified;subpoena issued and sent to oftIcer. CUSTODY STATUS Defendant Released. ------------------------- Trust 330.00 received fro~ defendant Bail set at 050518-0922-CS TRSI 330.00 BAIL POSTING DEFN Dispo Bail Quote Printed. ------------------------- Case ready for Bail Enhancement. ------------------------- continuation of notice to appear attached Citation Filed by ARUVA ------------------------- Jurisdiction set to RS by OTS305. Bail Quote Info - Quote Date:05/06/05 Total Bail: $330.0b **** No Local DMV data available for this case **** **** END OF CASE PRINT **** lIS"?? e . :e , REGULATION OF ENTERTAINMENT Chapter 5.12 Sections: 5.12.010 5.12.020 5.12.030 5.12.040 5.12.050 5.12.060 5.12.070 5.12.080 5.12.090 5.12.100 5.12.110 5.12.115 5.12.120 5.12.130 5.12.140 5.12.150 5.12.160 Permit .requlred. Entertainment defined. exclusions. Application for permit. Investigation and hearing. Notice of hearing. Action at hearing. Denial of application. Conditions Imposed on permit. Suspension or revocation of permit. Fees. Annual renewaL Time for filing application. Security guard required at dances. Chapter to govern. Prohibition and penalties. Civil remedies available. 5.12.010 Permit required. No person or business entity shall operate, con- duct, or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and where any form of enter- tainment, as defined herein, Is provided or fur- nished wnhout first obtaining a pennn so to do as hereinafter provided for In this chapter. (Ord. 290 ~ 1 (part), 1986) 5.12.020 . Entertainment defined. "Entertainment" means every fonn of live enter- tainment, music, solo band or orchestra, act, play, burlesque show, fashion show, review, pantomime, scene, song or dance, act or song, and dance act, or any other act or performance participated in by one or more persons for the purpose of holding the attention of, gaining the attention and interest of, diverting or amusing guests or patrons. (Ord. 290 ~ 1 (part), 1986) 5.12.030 exclusions. The provisions of' this chapter shall not be deemed to require a permn for the following: A. For the use of a radio or other electronical playback device in any establishment, except when l< 5.12.010 utilized by an announcer or "disc jockey" who at any time provides any fonn of vocal entertainment, including the announcing of song titles or artists' names in conjunction therewith; B. For any entertainment provided for mem- bers and their guests at a prtvate club where ad- mission is not open to the public; C. For entertainment conducted In connection wnh a regularly established motion picture theater, recreation park, circus, or fairground; D. For entertainment conducted by or spon- sored by any bona fide club, society or association, organized or incorporated for benevolent, charita- ble, dramatic or Inerary purposes, having an estab- lished membership, and which holds meetings at regular intervals of not less than once per three- month period, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society or association; E. For entertainment provided solely by a pI- ano player or harpist playing music for the amuse- ment of guests or patrons of an establishment; F. For entertainment conducted solely on or at any premises or location which Is owned or oper- ated by, or leased by, to or from the Unned States. state of California, county of San Bemardino, or any agency or subdivision thereof. (Ord. 290 ~ 1 (part),1986) 5.12.040 Application for permit. Applicants for entertalnmllllt pennits shall file a written, signed and verified application with the city manager, or his designee, showing: A. The name and permanent address ,of applI- cant; B. The name, proposed and current, if any, business address of the applicanllf the applicant Is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than twenty-five percent of the stock of the corporation. If the applicant is a partnership, the application shall show the names and residence addresses of each of the members, including lim- ited partners; C. A detailed description of the proposed en- tertainment, including type of entertainment, num- ber of persons engaged In the entertainment, and any further information about the entertainment or 93 /13,78 e e e D. That granting the application would create a public nuisance; or E. That the normal operation of the premises would interfere with the peace and quiet of any sur- rounding residential neighborhood; or F. The applicant has made any false, mislead- ing or fraudulent statement of material fact in the required application. (Ord. 290 ~ 1 (part), 1986) 5.12.090 Conditions imposed on permit. After the public hearing as to any application, the ' planning commission in granting any permit may also impose such reasonable conditions as to the use or extent of such permit as it deems appropri- ate. (Ord. 290 ~ 1 (part), 1986) 5.12.100 Suspension or revocation of permit. A. After notice and hearing, the planning com. mission may suspend or revoke any permit granted pursuant to this chapter if said commission finds and determines that any permittee; his agent or employee, or any person connected or associated with the permittee as partner, director, officer, general manager, or other person who is exercising managerial authority of, or on behalf of, the permit- tee or any entertainer acting under the authority of such permit 1. Made any false, misleading or fraudulent statement of a material fact in the application for permit, or any report or record required to be filed pursuant to this chapter; or 2. Violated any provision of this chapter, or of any statute, ordinance, or. condition relating to his permitted activity; or 3. Is convicted of a felony, or any crime involv- ing moral turpitude; or 4. Violated any rules, regulations or conditions adopted by the planning commission or city council relating to the permittee's business or permit; or 5. Conducted a permitted business in a man- ner contrary to the peace, health, safety and gen- eral welfare of the public; or 6. Demonstrated that he/she is unfil to be trusted with the privileges granted by such a permit B. The decision of the planning commission shall. be set forth in a resolution which shall be adopted within thirty days of the date of such deci- sion and shall be final unless appealed in accor- dance with the provisions of Section 17.02.080B of 5.12.090 the Rancho Cucamonga Municipal Code. (Ord. 290 ~ 1 (part),1986) 5.12.110 Fees. The fee for an entertainment permit shall be seventy-five dollars, payable annually on or before January 1st of each and every year. Such permit shall be in addition to any business license fee as may be required by the business license law of the city. However, for the year 1986, the fee for an en- tertainment permit shall be the sum of. forty dollars . payable upon submission of an application. (Ord. . 290 ~ 1 (part), 1986) 5.12.115 Annual renewal. The applicant for every renewal of an entertain- ment permit shall submit to the city manager, or his designee, a written statement setting forth such information conceming the applicanfs business during the preceding year as may be required by the city manager to enable him to ascertain whether the information listed on their original en. tertainment permit application has changed in the past year. The city manager, or his designee, shall review the information and determine if a modifica- tion to the entertainment permit is warranted. The planning commission shall review any such modifi- . cation pursuant to the provisions of this chapter. (Ord. 290A ~ 1, 1990) 5.12.120 Time for filing application. All persons who will be presently required to file for and obtain an entertainment permit by reason of the provisions of this chapter shall have to and in- cluding November 1, 1986. within which to file their applications for an entertainment permit with the city manager. (Ord. 290 ~ 1 (part), 1986) 5.12.130 Security guard required at dances. All persons conducting a publiC dance or any entertainment where dancing by patrons or cus- tomers is permitted. shall have in attendance at the premises for the purpose of supervising the danc- ing and the conduct of all patrons and customers, a duly licensed and uniformed security guard at all times such dancing is permitted or allowed. How- ever, the provisions of this section shall apply only to those establishments or premises where a dance floor or dance area in excess of one hundred fifty square feet is available or designated for dancing 95 II~ - 7'7 ADVERTISEMENT FROM MARGARITA BEACH DISTRIBUTED UNDER SEPARATE COVER EXHIBIT L 11?~r;o " ADVERTISEMENT/PHOTOS FROM RADIO STATION X-103.9 DISTRIBUTED UNDER SEPARATE COVER EXHIBIT M (/~~'8/ ~,., PHOTOS PRESENTED BY THE PUBLIC AT THE JUNE 22, 2005, PLANNING COMMISSION MEETING DISTRIBUTED UNDER SEPARATE COVER . EXHIBIT N 118-ga-- , - . , Rancho Cucamomw Develovment Code . 10. Sign age required for a recycling facility shall comply with the Sign Ordinance of the City of Rancho Cucamonga and, where applicable, the approved uniform sign program for the associated commercial use. 11. Recycling facilities, which ate operated by an on-site attendant and located w"hin 100 feet of a properly zoned or occupied for residential uses, shall operate only during the hours 01.9:00 a.m. to 7:00 p.m. ~. Action of the City Planner. 1. The City Planner shall approve an application for a recycling facility provided the application complies with each of the following requirements: a. The recycling facility is certified, or has applied to be certnied, asa recycling location pursuant to the Califomia Beverage Container Recycling and Litter Reduction Act; b. The operation of the recycling facility has presented a written authorization from the property owner where the proposed recycling facility is to be located; and, c. The recycling facility complies with all of the development standards as set forth in this section. 2. Notwithstanding the foregoing,- the City Planner may deny an application for a recycling facility n it is specnically found that the operation of the recycling facility will have a detrimental effect on the public health, safety, or general wenare. In the case of any such denial, the City Planner shall support the action with specnic written findings of facts based on substantial evidence. . F. Automatic Revocation. Any permit granted pursuant to the terms of this section shall be deemed automatically revoked if the operator's recycling certificate is revoked or suspended by the Calnomia Department of Conservation pursuant to the terms of the Califomia Beverage Container Recycling and Litter Reduction Act. e Section 17.04.090 - Adult Entertainment Business A. puroose. 1. It is the intent of these regulations to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks, and residentially zoned districts. The City Council finds that" has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area and an increase in crime and can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of these regulations to establish reasonable and uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses, while permitting the location of adult businesses in certa.in areas. B. Definitions. 1. It is the intent of this Section that the definitions set forth in the Development Code shall apply but only where they do not conflict with any definition set forth in this Section. 2. Establishment of an Adult Entertainment Business. As used herein, to "establish" an adult entertainment business shall mean and include any of the following: a. The opening or commencement of operation of any such business as a new business. e o 17.04-15 619g /~...~~ ...-....." ~ Rancho Cucamonea Development Code Section 17.04.090 e C. Adult Mini-Motion Picture Theater. Shall mean a commercial establishment w~h a capacity of more than 5 but less than 50 persons, used for the presentation, exhibition, or display of films, motion pictures, video cassettes, slides, or similar photographic reproductions projected on a screen, and in which a. substantial portion of the presentation time is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "Specified Sexual Activities" or 'Specified Anatomical Areas.' . d. Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin or Slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing. devises are maintained to show images to five or fewer persons per machine at anyone time, in which a substantial portion of the total presentation time of the images so displayed are distinguished or characterized by an emphasis on depicting or describing "Specified Sexual Activities' or 'Specified Anatomical Areas.' ~'., e e. Adult Drive-In Theater. An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions, and other forms of visual productions, for any form of consideration to persons in motor vehicles or on outdoor seats, in which a substantial portion of the total presentation time of the material being presented is distinguished or characterized by an emphasis on matter depicting, describing, .or relating to 'Specified Sexual Activities' or 'Specified Anatomical Areas' for observation by patrons. . f. Adult Cabaret. A nightclub, bar, restaurant, or similar establishment during which a substantial portion of the total presentation time features live perlormances which are distinguished or characterized by an emphasis on 'Specified Sexual Activities' or by exposure of "Specified Anatomical Areas' and/or feature films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of 'Specified Sexual Activ~ies' or "Specified Anatomical Areas" for observation by patrons. g. Adult Motel or Hotel. A hotel or motel, or similar commercial establishment Offering public accommodations for any form of consideration which provides patrons with closed-circu~ television transmissions, films, motion pictures, video. cassettes, slides, or other photographic reproductions, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis upon. the depiction or description of "Specified Sexual Activities' or 'Specified Anatomical Areas' for observation by patrons. h. Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment either indoor or outdoor in nature which, for any form of consideration, regularly features live performances, a substantial portion .of the total presentation time of which is distinguished or characterized by an emphasis on 'Specified Sexual Activities' or "Specified Anatomical Areas' for observation by patrons. i. Adult Model Studio. Any establishment open to the publiC where, for any form of consideration or gratuity, figure models who display "Specified Anatomical Areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation, or institution which meets the requirements established in the Education Code of the State of California for e 17.04-17 6/99 /Ig-- 8'1 ~.._, . tit . . Rancho Cucamonlla Develovment Code Section 17.04.090 designed, or furnished for private sexual activity. No nudity or sexual activities by customers shall be allowed on the premises. All portions of the premises shall be available by access and visual inspection at all times by any City inspectors standing at the front door (not to include eXisting and approved rest room facilities). G. Adult Entertainment Zonina Permit Reauired. It shall be unlawful to establish or operate, or cause or pemjitto be operated, any adult entertainment establishment without first obtaining an adult entertainment zoning permit from the City Planner. H. Permit Aoolication. 1. Any person, association, partnership, corporation, or other ent~y desiring to obtain an adull entertainment zoning permit, shall file an application with the City Planner on a form provided by the City Planner. The application shall be accompanied by a nonrefundable application processing fee in the amount established by C~y Council resolution. . 2. The application for a permit shall contain the following information: a. The name, address, and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its article of incorporation and the names and addresses of the officers, directors, and each stockholder owning more than 10 percent of the stock of the corporation. If the applicant is a partnership, the applicant shall set forth the name and residence address of each of the partners, including. limited partners. If one or more of the partners is a corporation, the provision of this Section pertaining to a corporate applicant shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. b. Name, address, and telephone number of the person who shall manage and operate the establishment for which the perm~ is requested. The name and address of a person authorized to accept service of legal notices. c. The proposed business name of the adult entertainment establishment and description of the type of adult establishment. d. Street address of the proposed adult entertainment establishment and the tax assessor's parcel number of the property. e. A plot plan for the property depicting the location of the building housing the adult entertainment establishment on the property. f. If the adult entertainment establishment was in existence as of the effective date of these re9ulations, the date the establishment first commenced operation. g. Any other information reasonably necessary to accomplish the purposes of these regulations. 3. Referral to Other Citv Deoartments. The City Planner may refer the application to other City departments to determine whether the premises where the adult entertainment establishment is located, or will be located, complies with the City's building, health, zoning, and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer. 4. Action on Aoolication. The City Planner shall determine whether to grant or deny the permit within 30 working days after receipt of a complete application. 17.04-19 6/99 II&' --g-~ f~ -, '. _ e . e Rancho Cucamonea Development Code Section 17.04.090 N. Violation and Penalties. 1. Criminal Violation. It shall be unlawful fot any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Section. Any person, firm, partnership, or corporation violating any provision of this Section or failing to comply witt) any of its requirements shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be punished by a fine not exceeding One Thousand Dollars ($1,000) or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which violation of any of the provisions of this Section is committed, continued, or permitted by such a person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Section. 2. Civil Remedies Available. A violation of any of the provisions of this Section shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. " 17.04-21 6/99 ! /8 -- 8'b RESPONSE FROM MR. DAVIDSON'S ATTORNEY DISTRIBUTED UNDER SEPARATE COVER EXHIBIT P II~...-g? .. . TITLE 4 OEPAKI'MENT OF ALCOHOUC BEVERAGE CONTROL 143.2 142, Receiving Stolen Alcoholic Beverages; Ceillng Price Violations. HISTORY: 1. Originally publisl1ed 3-22-45 (fide 4). 2. Repealer filed 9-11-47 (Regiller 9). 143. Employees of On-Sale Licensees Soliciting or Accepting Drinks. No on-sale retail licensee shall pennitany employee of such licensee to Rolicit, in or upon the licenKed premises, the purchase or sale of any drink, any part of which is for. or intended for, the consumption or use of such employee, or to permit any employee of such licensee to accep~ in or upon the licensed premises, any drink which haR beenpurchaKed or sold there, any part of which drink is for, or intended for, the consumption or u.'lC of any employee. It is not the intent or purpose of this rule to prohibit the long-established practice of a licensee or a bartender accepting an incidental drink from a patron. NOTE: Authority cited: Sections ;142005 and 25657, BIIii....s and Professions Cede. HISTORY: I. New section filed 5-25-54: effective thirtieth day thereafter (Register 54. No. 12). 2. Amendment filed 7-12-72; designated effective 8-)4-72 (Register 72. No. 29). ; 4,., 143.1. Employment of Minors in Public Premises. NOTE: Authority cited: Section 25750. Busine&S and Professions Code. and Section 22. Article XX. Califo~ia Constitution. HISTORY: I. New .ection filed 4.18-62; desigllllled effective 5-21-62 (Register 62. No.8). 2. Repealer filed 7.12-72; designated effectiva g-I4-72 (Register n. No. 29). 043:2. Attire and Condii'd::) The following acts or conduct on licensed premises are deemed contrary to public welfare and morals, and therefore no on-sale license sball be held at any premises where such conduct or acta are permined: (I) To employ or use any pel1lon in the sale or service of alcoholic beverages in or UpoD the licensed premises while such pel1lOn is unclothed or in such attire, costume or clothing as to CXJlOSe to view any portion of the female breast below. \be top of the areola or of any portion of the pubic hair, anus, cleft of the bullocks. vulva or genitals. (2) To employ or use the services of any hostess or other pe'rson to mingle with the pattons while such bostess or other pel1lon is unclothed or in such attire. costume or clothing as described in paragraph (1) above. (3) To encourage or permit any pel1lOD on the licensed premises to touch. caress or fondle the breasts. bullOCks, anus or genitals of any other pel1lOD. (4) To permit any employee or pel1lOn to wear or ose any device or covering, exposed to view, which simulates the breast. genitals, anus, pubic hair or any portion thereof. If any provisiOn of this rule or the application thereof to any person or circumstances is held invalid. such invalidity shall not affect other provisions or application of the rule which can be given effect without the invalid provision or application, and to this end the provisiollll of this rule are severable. NOTE: Authority eired: Sectiun 25750, BIlSinelS and Professions Cede and Section 22 of Art. XX. California Constitution. Refe:reocc: Section 23001, Business and Professions Code. HISTORY: 1. New Se<:tion 143.2 filod 7-9-70; designared effective 8-1Q.70 (Register 70. No. 28). 353 eX /18 -,gg <;Cl'r/ 1S;:S0 18.... 606 to .:l0 31tllS 8S;: : ~n S00C-OC-Nnf ... .~ 143.3 __._ OPPARTMF.NT OF ALCOHOUC BSVERAGE CONTROL TITLE 4 ~.- - (~. Entertainers and Conduct. Acts or conduct on li premtses in violation of this role are deemed t'Ontrary to public welfare and morals, and therefore no on-sale license shall be held at any premises where such conduct or acts are pennined. Live entertainment is pelOlitted on any licensed premises, except that (1) No licensee sball pencit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. ' (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or ge.uita1s. (2) Subject to the provisions of subdivision (1) hereof, entertainers wbose breasts and/or buttocks are exposed to view sball perfolOl only upon a stage at least 18 inches above the immediate floor level and removed at \east six feet from the ne,""st pabOn. No licensee shall pennit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above. No licensee shall pennit any person to. remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or an... If any provision of this role or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of the role which can be given effect without the invalid provision or application, and to this end the provisions of this role are seveJ1lhle. NOTE: Authority cited: Seaion 2.S7~O. Business and ProfessiODI Code and Section 22 of Arl xx. Calif. Constitution. Refcreoce: See. 23001. Bus. & Prof. Code. HlS'TORY: . 1. New oection filed 7-9-70: designaled effective 8-HI.70 (Regislol7o. No. 28). 2. Entrapment--OfflCel' aaIcing whether "more skin" wiD be shown duriug lap dance does not constitute entrapment Ikpar17M1ll of Alcohol BevertlBf! Control v. Alcohol &vm:Jge COIIlml App~Qls BOtJrrl (4805 Convoy) 100 Cal. App, 4th t066. 143.4. VIsual Displays. NOTE: Authority cited: section ~7SO. Business and Professions Code and Section 22 of Art. xx. Calif. Coostiollion. Ref.......: Sec. 23001, BOI, & Prof. Code, mSTORY: I. New section filed 7-9-70; designaled effective 8-1().70 (Register 70, No. 28). 2. Repealed. Repealer filed 1-1-2001. 143.5. Ordin9n_ Notwithstanding any of the provisions of Rules 143.2, 143.3 and 143:4, no on-sale licensee shall employ, use the services of, or permit upon his licensed premises. any entertainment or person so allired as to be in violation of any city or county ordinance. NOTE: Authority oiled: Section ~750, BOlin... and Profesaions Code and Section 22 of An. XX, Calif. Coostitution. RefereDCl:: Sec. 23001, Bu.. & Prof. Code. IDSTORY: I. New secti.. filed 7-9-70; designaled effective 8-10-70 (Register 70. No. 28). 144. Gambling Stamps. NOTE: Authority oiled: Sections 24200 and ~750. Boslne&s and Professions Code; Section 22, Article XX. California Coostitution. mSTORY: I, New section filed 1()'30.59: designaled effective t1-3()'59 (Regi.t<r 59, No, 18). 2. Repealer filed 12~8: delignaled effeotive 1-8-69 (Regist<r 68, No. 46), 354 ! /8 -'8j T.....-n TO J Cr.\C. 1:0 ~ 31tllS 6~:IH SOO2:-OC-Nf1f '. . CIIY ()f RANCHO CUCAMONGA ..... .. , HB 012005 RECEIVEr) - PLANNING City of Rancho Cucamonga Planning Department (909) 477-2750 . APPLlCA TION FOR AN ENTERTAINMENT PERMIT Please check if this submittal is for a: D New Application or X Annual Renewal ~ I' t' P L. . ,- .' '. .,..pp Ica Ion rocer-'ure "" ., , <, This Entertainment Permit application shall be completed and submitted. Planning staff will evaluate the completeness and accuracy of the information submitted. The City Planner shall determine if the permit complies with each of the City's Codes and Ordinances prior to scheduling the project for Planning Commission consideration. Applicants for Entertainment Permits shall complete the following questionnaire: I 1. Information about the applicant(s): J-t~ik DaV\~"':::'<'~ Name 1\ - ;).8 .$"8 Date of Birth 'S') ~- d"~ - Lc j '(<..1 Social Security Number J...ISOtfV3Q Califomia Driver's License No. "'KLf t.l- ('.Arn ~^'t y f-I i),e,Jr. Street Address .r2.lJkfCho tt.tClOooJ3a '1/130 City, State, & Zip 'JO<'i-4?c.1- cons Phone Number 2. The proposed and/or current name of the business: J-l Al2.cb Ar2. \.,.~ ~~Ac...h , JoSE 50. k too I,~ Name c.::l ~~- l? I -".i ') - ()..; Date of Birth .J19-qo-l.t,~~9 Social Security Number ~I '1 cq 'S c.I S 3'" Califomia Driver's License No. 'alp., I I.JI Id.::e Ll~:S:J Dr. Street Address A- \ +-1:2 l...-onla c...a. . CY 1131 City, State & Zip qcA . ~2.1-S .qo49 Phone Number 3. The name, date of birth, Social Security Number, California Driver's License Number, address, and phone number of all persons responsible for the management or supervision of applicant's business and of any entertainment and provide the following information about each one: <R //9' --- ~O 1:IPLANNINGIFINALIFORMSICOUNTERIENTPERMT.APP.doc REV 11/14/04 Page 1013 . . , ~.- .. . ..... 8. Whether or not the applicant or any person responsible for the management or supervision of applicant's business has been, within the previous ten years, convicted of a crime, the nature of such offense, and the sentence received therefor including conditions of parole or probation, if any: " Llo!Jt:: 9. Whether or not the applicant has ever had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency: t-.lut....\f " , --:; / ~ ----- -= Signature of Applicant(s : Pleaseprintname(s): :::f"oS(' $Am bo l : 0 UAlk Oo.~\d.s~ Date: II ~O lo~ Permit Fees: New Application..... ~........................................................................................................ .$3,753 Annual Renewal........................................................................................................... C:..... $75 '") Any false, misleading, or fraudulent statement of material fact in the required application shall begrC:>Lmds for denial of the application for an entertainment p~rmit. . /18/9/ 1:IPLANNINGIFINALIFORMSICOUNTERIENTPERMT.APP.doc 11/14/04 Page 30f3 CITY OF RANCHO GUCAfv10NGA FEB 07 2005 To: Brad Buller, City Planneq:(ec~~hQ F~~~a CC: Mayor Bill Alexander, Council Members, City Attorney, City Manager, City Clerk, Police Chief, Fire Chief From: Residents living on the 9700 and 9800 block ofEstacia Ct, the 8000 block of Pasito Ave, the 8000 Block of London Ave, the 8000 Block of Malvern Ave, the 8000 Block of Ramona Ave and the 9800 & 9900 Blocks of Foothill Blvd, and The Pines Mobile Home Park at 9999 Foothill Blvd. Date: 2/6/2005 Re: Quality'ofLife Issues Related to the Operation of the Bar named Margarita Beach (formerly named Margarita Ville) as discussed at City Council Meeting on February 2,2005.' At your request to Ed Sanchez on Thursday, February 3, 2005, we, the undersigned residents of Rancho Cucamonga, hereby formerly: 1. Request City Staff conducts an Investigation of the Level of Services required by the Police Dept (review any filed police reports) and the Fire Marshall for the bar now named Margarita Beach and fonnerly named Margarita Ville, which is located at 9950 Foothill Blvd. 2. Request City Planning or Code Enforcement staff conducts a Review of the Conditional Use Pennit issued to Margarita Beach! Margarita Ville and any other permits issued for the business operations. 3. Request City Staff prepares Ii written Report to present to the Planning Commission, the City Council, and the concerned Residents, who initiated this investigation, at the second City Council meeting in March 2005. s Ilg~93 Signatures of Residents requesting the Rancho Cucamonga City staff to conduct an investigation into Margarita Ville/Beach. Name/Print Address ~o--'/!r11..D :Ym'CHr7-/ " .- , OLS~ -, t-I1!! (' n{<../ ~ 3e~ lA )C\...1.-1<'; AI':> rye) l(.'( (-Ll &~'1c.r>- K ~ ) e 7 . $1 If"- 5ttAtJ~ r &rv-E ~d ?k)fl pflS(tn IWt- ~i;:-~L 9??kO c<;{cU:'t'<. [II. &11 Lvnd:f&~ qgfl t;~f.:tc(~c-t. ':f-~ ~ 9Yi/ Fs1c.C-.i<.. ~-r (~)/Ji~~ I/t "'lV ""L Address Signature N arne/Print ~. OCCl!'o,q Co.R.;$'\ 77/)o.rle/le Lf'o// ~() 3.3 h;nC/l~ flu:> -=d- /# 7>>7j/.tloy 11/e"~ 9",.,s-f/7,bt'l S'o33 I!dmcnK AP -",,;-,.Jcfg~~ 11~ ml-:f,(}/ 5033 ~(JnO\ rtve-J} I~ 160.\11 AlId€~0 33gb Lv; )5m ct. C' M' 0 . l ~ \1',/1-r~--7:k.--- jah1 . _ouJ5aVI" C;:-o?,2. IA5/vo .k~. .' '( g--O.;kl' Sl'roACAE ~~ - tJtJ Iff' C. Q... ~ ~OIO PR61TO f\\!G ~ c~C~ ~r Ke-cn-\ \^'\lLLER %o\\. f().."3\'tU A.I.1E ~c ~~.u-... fl..J- r-iQ..LJ<l1tJ~ Y"fi9q Fo~1~;f1 Oc. ?cd:: 5+{}~ Op ",.J r>1c, d...-> er-' '77"/9 p.. ).1,,.)) fi)v). ii/J(, #~ ~ ? ///~ /' (/ . \ fJI \~n IS l-IAN 118/9.)' Name/Print Address Signature Donn~\t;s qqqq Fo~{ II B(tXJ #/L(b ~ ~~ 'L ~m~~ /1 ~I e IV l IYlA'Llpef/ qqq1 E "(jof, LL /'1".1l ~-1 ~ :){C}\ l .-r; t/ /\ _ f\ \I C'.f ~ .>/!; 9 rfJ.~ ()s lE fL f] ~ 7T 19 9~ (oc-th//g/v,), . ' , ... ~L.'r>~ 9f1vf';--cr[2c.~ / I~ /96 . '?/PlEfe;A/rei) /9"7" rife:. , .~/.;z..2/t?o /,~,v/'J/^J e~...,. . ~e~#1 We the undersigned hereby ask the Rancho Cucamonga Planning Commission to consider revoking or suspending Margarita Beach's Permits for being a public nuisance, repeatedly disturbing the peace, not abiding by the Law, and encouraging public Drunkenness. Name: L)/a Y1 0. 1/117 C ~Yl_:r Address: (0 C';)... 9 ;;; S 7'0... C I 0.. Sr if ~ 1;1u.~.J1.. Name: \)n tJf\Ly Address:_( 001q t9'1"A(/J!j Name: ,,-It!) c- c4 /f-.I? C / 4- 36120 e /(-vn 1.3"e /ct'~ e- /f t/ e- Address:A'.A7VC/./61 t!uC..-?'/?'Jorl bA t?4- 9/7gc) ,. Name: f~..t c. I/I.JA LT 0 "-, Address:<jfn/~ ~Jb11'J?~//)ke & 1/73lJ Name:~~ Address: ~ Ib r ALOEM CNM.~ tl~t Av6 M- '1n~ Name: vjViltN NltNTROl<-f/ -Y~/I /1~__ or Adilress:Soo1 (!frlYl8PjP~~ ,t}-I6. CA. o/J1!JO /18 ---97 .. Name:' f'1/171 f;;7tP)0 .~ gut ~~~~. . Address: 7rrtJ {!Mbf-,/A~[ I};Je~ !:,{? Name: p~S '\ ((f ~,aw\ (l 1> ~t/\Y))C. ~yenD Address: L~ 8 0 ~MD(i olje Ave. (( .r I ~31) Name: IJ Ltif tt/ f1Lc~(c: t4 >"" Address: 77 77 C4#?gk'/~ /2//# 12 C. '. Name: 4.,./ -;<:./ c 4"/(./ I ., Address: 7C170 Co.,."b,:cj.... Ave.. NameCP:>~~ rf\v..()~r'\ Address: 7C1C, -, C' AA/\."o- ~J..lL ~~ Name:_~\r~MUf1;;,\)y\ Address:~J{il () nWo'4 A~. (Z,C Name: 1), C\. \'\-L Lufl \J CUAD Address: ~q ~S- ~tr\A.-\.o\f"'\J~o O~ Q.@ qrZSn Name: f\.. L Address: IqS~ ,~ Ve\) 0-. v\.;{) ~LUnl{'l&g-(? Ade lCl C1 O"X) I It - f& . . Name: \r.,t\/J.]<An u")P} LIJ"\s 0 \Q3(J , Address: Name: q~ Address: 7'1~ ct\M~JI)6& A'-I , . UNCl!-O ~N6A-1 C,(+.. q r730 , ...--;- "' Name: 1//7(;1-- tJ/b/Y~ Address: 7Cf'1.) lCiMhrl ~-L lU{ J UZ. L. Name: 3~W S;u."cle.~ :KLL ~/ Address: 79'1j Ct/nk/~0V'2 RC 9/7Jo I Name: M",~ 1r-p.p-eli>m-J Address: 773cf ~ I.:-.Il~'( ~ (C...C, 0, 17 J,6 Name: .a..1i!J1AH1Y t)pp p t ('1 ~ Address: 7'(3 'f L......br:.& '10 five. 1!"'A d~ C v.--C.t>-.monyA cjJ, 9/'110 Name: iCdb:N $p :t.l,);,ioj Address: 7r Jt./ C-""'I'l h ~:.J'j' '" /lV,. 1?OJ"lf' J.. tU.CuJVIOYly <L e/I. 'i'i>.Jc!> Name7rAche112 To ~ , Address:-:p/~3 (;(/f VYlhy,dtfr Av~ (2{AYlIhoClALA""~f . 0oe\\t R~(lUtL qrr~C) 10D20 <2~ ~.. ROf\CY\O ('uCCA(Y\OV\JGl trf\ , 0\ \ 7~C Ili---91 "("-,,/1"- ~"I\~)r IOOrD ~{f~~ 5+, t"l\<;lto ('1t73~ /-J'izt ~h1 ;("(;2' /tJtJ70 Elfeh S-I }2anDM~, q/73() D-ebbl~ S lt1enS-t:.h /009'0 ~d. 1/ C. (},q.Cj/7:Sv abh Ch~is ;4rojpe,r> 100".:11 ~ Sf. R.c.' elf ""'fl-;"!.!' '10' '. '. //8/IOb , EXHIBITS L, M, N, AND P EXHIBIT C2 'Pc I J;3/0( /lg'(IJ; Ir~'~ L.AW OFFICES WESTON. GARROU. DEWITT Iil WALTERS, ,JOHN H. WESTON': CLYDE OEWITT,.4$ G. RANDALL GARRO.U'* MARK P. BINOEA1:t - A ....ATNI:RS...IP 0' lI>RO,.ItSS.ONAl.. BUSINESS ENTITies 0" COUNSel- CATHY E. eAOSSONI~ ... DALE MANICO"" JOSEPH P. WOHRLE'. WIL.SHIRC BUNDY PLAZA 12121 WILSHIAE eOULEVARD. SUITE 900 LOS ANCELES. CALIFORNIA 90025-1168 FAX (~IOJ ........2-0e9S (310) 442-0072 "..CAIDA O""ICE L.AWAENCE G. WAL TEAS.. MARC oJ. AANOAZZAa.. , '81 DOUOLAS AVENUE ALTAMONTE SPRINOS. P''' 32'.....21588 ,. AX 14071 7,....e'Sf 1...071 :'88"'1528 I .-cMmm'" c.roul'OANlA 1.frOMIT1I:DINP'LORIDt. .3.-cMrnED IN INOUIHA . oiIlDMlTTEO IN 1EXAS . SADMnTmIN ~""-.-"ISEn8 * .. CllUl"OAN.... ~..ESSlOMAL COAPQAA1'ION . AI"LOAIC>>. PAOI'I$SfONAl. ASSCIOA~ July 22, 2005 SAN OIEOO O,.....C. 1208 oJ STAEET, SUITE. SAN OIEOO. CA 82101-'1&00 ,. AX 18.81 238-'717 eele. 232-3288 i,:- ...',. ',.',::",:::'-.'>',:. :. I 'Cc.'.J::itY,'~~ ' I . ...;.: :." ':..1 aClt .;.t.8m~:;. ..r.::~:' :. i' ,':<.JmMarltm8n" !, ,;' ':BJ"ad';Bu1J.er', , Oty Oerk for the Oty i' ".:;'1>elib1e:MaIIII!" of Rancho Cucamonga ; :>:::J,01e,Schrader 10560 Ovic Center Drive I ': Rancho Cucamonga, CA 9173D-3801 ' VIA FEDERAL EXPRESS AIRBILL # 7911 4652 6403 '~;, o,f:f"E,',81=D i1ttWw .. V_ JUL 25 D em' OF RANCHO Cl.JCAMONGf. crrv CLERK Re: ' Notice of Appeal from dedsion of City Planning Commission rendered on July 13, 2005 adopting resolutions 05-50 and 05-51 Dear Oty Oerk: UndersignedcoWlSel represent Rancho Cucamonga Restaurant Ventures, Inc. d/b/a Margarita Beach, located at 9950 West Foothill Blvd. in Rancho Cucamonga, and hereby file this Notice of Appeal to the Rancho Cucamonga Oty Council from the dedsion of the City of Rancho Cucamonga Planning Commission adopting Planning" Commission resolution nos. 05-50 and 05-51 at its meeting of July 13, 2005, and imposing therein various new operational resbictions on our client's business. This matter appeared on the Planning Commission's agenda of July 13, 2005 as item H under its Public Hearings section, entitled "Conditional Use Permit 88-45 and Entertainment Permit 91-03 -' Margarita Beach." We have been informed that the required appeal fee is $1,764 and a check in that amount is enclosed herein for that purpose. This appeal is based upon numerous grounds, including, among others, factual, legal, equitable, jurisdictional, and constitutional grounds. This appeal is taken pursuant.to the procedural provisions of RCMC g 17.02.08D-B. However, as that provision does not specify the details of the appellate procedure, we are assuming that we will hereafter be provided an opportunity, following preparation of the minutes and record for the Planning Commission's hearing of July 13, 2005, to EXHIBIT 0 \ Cc " I' rJ'~ n.- \ I -- I -f..J J ) I' ~ //g /!c;l LAW OFFICES WESTON. GARROU 8 DEWITT A PARTNERSHIP 0" PRO"ESSIONAL. BUSINESS ENTrTIES City Oerk July 22, 2005 Page 2 obtain a copy of that record and to thereafter provide the City Council with appellate papers presenting all of the relevant factual, legal and other arguments upon which this appeal will be baseq. Please advise as to whatever briefing schedule shall apply, , including the time for submission of any reply brief as well. '. ' Also, please be so kind to inform us, with as much notice as possible, of the time, . date and location of any hearing to be held in connection with this appeal. Thank you for your help in providing us with this informatiOn. " ,,' ", . , Sincerely, JOHN H. WESTON ' G. RANDALL GARROU, , WESTON, GARROU,DEWI'IT & WALTERS JAMES V. REISS "' . REISS & JOHNSON /' 10535 Foothill Blvd., S' 410 Ran.cho Cucamon~ 91730 ON for appellant GRG:sb, , LRG6427.WP , encl. /;8 ,/ ? .,}..- Sap-IS-ZOOS ,IZ:46pm From- T-T43 P, OOZl004 F-ZZ3 \,.AW Of'FICE5 WESTON. GARROU. DEWITT Iii WALTERS OI'"C:QU"'~ CATMY E. CROSSON":I' A. DALE: ....ANICO...' .Ig:;~"'''' p. WO~RIo.CI "PARTI'tEASI1IP Of ..",Or'D.IONAl.. ",u~rHC;$& E...TITlI:S WILSHIRe; BUNgy P~ZA 12121 WILSHIR~ BOUL~ARD. SUITE: 900 LOS ANCELES. CALIFOkN'A 90025-1168 F"AX (310) .....e.-Oeas 1~IQJ ......iI-QQ7a: 1"1.ORlgA OFFICE LAW.:we:NCI: G. WALTERS.. ""ARC; oJ. RANDAZZAC" ?Ol DOUGLAS AvENUE ALTAMON"'~ $Pf'INGS. F'L ~Z714-2!S66 FAX 1_0" "+ems' 14071 3sg-4.$I!!Qo .....0....,.. ". WC:;'TQ~'* CLyDE C~WITT""S G. RANQAlo.L GARROU'f MAR"" P. SINO.:JillII.J 1~1"0lIUrtMW\l1A zACfotlTl'E:DIN I'\DlInQA. .) AQMITRD IN INDIANA 4~IN~ 6.t.Qtot1'rTW1"~ * ,. CtoI,.IrQl'If'o~ ~~E:::5StQlol,ll&,. CORl'ORIIo1IOJt . ,. ~ pqorg;s.o"""" A6&OOATlOfIf September 15, 2005 5AN DIEGO Ofl'l"'lCC: IZOS .J S'l"Alt~T. Glo,UT5 B SAN DIEGO, CA Q!;lo...nOo FAX IGI91 2.3l>1"'.7 IOlel Z3~-.3Z55 TRANSMlll1llJ ON nus DATE VIA FAX TO: (909) 477-2846 and (909) 477.2847; ORIGINAL SENT TODAY BY MAIL Hon. Mayor William J. Alexander and Hon. MemberS of City Council City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730.3801 Re: Appeal of Rancho Cucamonga Restaurant Ventures. Inc. dba Margarita Beach from Regular Meeting July 13, 2005 of the City at Rancho Cucamonga Planning Commission, Adoption of Resolution Nos. 05-50 and 05-51, New Conditions on ~ting Entertainment Permit and Conditional Use Pennit REQllBSTFOR RESCHEDULING OF HEARING ON APPEAL PRESENTLY SCHEDULED FOR OCTOBER 5, 2005 Dear Mayor Alexander and Council Members: I write on behalf of our above-captioned client ("Restaurant Ventures") whom we represent in the above-captioned administrative appeal to the City Council. SPECIFICALLY, I RESPECTFUllY REQUEST A RESCHEDULING OF TIlE HEARING ON APPEAL BEFORE THE CITY COUNCIL PRESENTIY SCHEDULED FOR OCTOBER 5.2005, UNTIL A LATER DATE CERTAIN TO BE DETERMINED BY THE CITY COUNCn.., PREFERABLY FOR NOVEMBER 16, 2005. The notice of appeal was timely filed and requests for the record of the prior proceedings were timely and properly submitted. I am informed and believe, and on that basis so srate, that prior cOllllSel for Restaurant Ventures (my current co.counsel in this maner) received what we believe to be the last of the record materials - the written record and recorded tapes of relevant proceedings - on or about August 17dl. My office received the materials (which had wisely been copied to avoid the risk ofloss of what otherwise would have been the only available copy of the record) on August 26m. Both since receiving the record, and before, we have been quite diligent in our attempts to undersltand the EXHIBIT E (cc ((-O;1-<JO //~ 193 Sep-15-Z005 IZ:46pm From- T-T43 P,003/004 F-ZZ3 L.AW OFF"IC:;E5 WESTON. G^RROU. DEWITT e W^LTERS .. P6A'T"''iJtSl''llP OF' PROFESSIONAl.. BUSINess ~NTITI~S Hon. Mayor William J. Alexander and Hon. Members of City Council September 15, 2005 Pa~e 2 complexities of the situation, attempt to craft a suitable approach to permit resolution of the matter and, in the unhappy alternative, perfect and proceed with this appeal. '. In order to fully understand the underlying issues and properly address them in all re~pects, I requested and was graciously afforded a meeting with City Planning Department sraff Planning Department (Messrs. Buller, Coleman and Diaz) and Deputy City Attorney D. Craig Fox, on Augu.st 31, 2005, at Rancho Cucamonga City Hall. The meeting was extensive, wide-ranging and productive. City staff were very gracious in responding to my inquiries and made helpful procedural and practical suggestions. Amongst other things, staff requested that any written materials we plan to submit to the City Council in connection with the appeal be presented [Q staff ten days before the hearing date, so d1at staff could evaluate the materials and include a summary of and response to those materials in the staff repOrt co the City Council, which must be flied the Wednesday before a City Council meeting. We do intend to file written materials, which under the present schedule, in order to accommodate staffs request, would have to be in staff's lk'1.Ild on or before Friday, September 23, 2005. Staff made the excellent suggestion that we meet with the concerned residents in order to obtain both [heir current perspectives on the situation as well as to obtain their feedback regarding various amelioranve.,procedures and proposals we are consideripgcpwposing ro the City Gaunci!. WC9f course agreed, but in order to conven general approaches intO sufficiently precise plans aud' procedures such that the residents could properly evaluate them aDd. to give adequate notice to the residents so that all those who wish to attend would be aware of the proposed meeting, we realistically were not able co schedule it until Saturday, October I, 2005. While that date will give adequate time for us to finalize our work and be able to give adequate notice to the residents, it will occur much roo late to be able to report to staff and/or to fine tune any!:hing in response to the residents' input for the October .5'h hearing. Notices co !:he residents will be distributed and/or sent this week. It is obvious that this matter is of considerable importance both corny client and to the concerned residents. It is equally obvious dlat Restaurant Ventures has taken this matter seriously and continues to take it seriously - and has worked hard to endeavor to respond to the concerns in real and constructive ways. It also appears to me that this is not a situation where the relevant business has in any way ignored the complaints or in any way thumbed its nose at either the residents or the City. Rather, the business has tried very hard to be responsive and to act as both a good neighbor and corpora te citizen. Iff '/9f Sep-15-2005 12:46pm From- 7-743' P.004/004 F-223 LAW OFFICE:$ WESTON. CARROU. DEWITT a WALTERS . ....AT,....~S'"'.p 0'" PPOPCES6tO,.",1.. BuS,,".E:SS I!:NTIT..E:S Hon. Mayor William]. Alexander and Hon. Members of City Council September 15,2005 Page 3 The practical reality is that we cannot complete our w.sl( in time for an Ocwber Srit hearing. We see our job as two-fold, ro attempt to harmonize the discotd and achieve a resolution of the situation, and failing that, to represent our client in the appeal procedure. Neither need be hostile nor adversarial; however, both must be thorough. It is obviously ro everyone's advantage, that we obtain relevant input from as many concerned residents as possible, and then integrate those comments intO our proposals. We then want to present our materials to staff suffiCiently in advance of the hearing, so that staff can do its work and present its summary and report to Council well in advance. Given the long history of this matter, the length of the prior proceedings, and the importance of this matter to all concerned, I request that enough time be given us to be able to evaluate the issues, get appropriate feedback from the residentS and City staff, and do our own legal and general analyses and preparation of our materials - all in an effort ro craft or obtain a resolution of these issues. In light of the above, and given that we were not previously involved with this matter, I respectfully request that the hearing before the Council be rescheduled for November. I understand that there are meetings scheduled for November 2 and 16. Accordingly, and for all the foregoing reasons, we,respe,ctfully request a rescheduling of this,ma~r._ ' for November 16, 2005, or such later time as may be convenient for the City and the residents. Please be assured that my diem and I are committed to making this work for everyone and that this requested additional time is solely for the stated purposes and not for the purpose of delay. We thank you in advance for your anticipated undemanding. Respectfully submitted,' ,....".., WESTON, GARROU, DeWI'];f"& WALTERS By ]HW:km cc: City Attorney Dan Coleman, Acting City Planner (via fax & e-mail) Michael Paul Diaz, Senior Planner (via fax & e-mail) D. Craig Fox, Esq. (via U.S, Mail & e-mail) Client (via e-mail) James V. Reiss, Esq. (1Jia e-mail) K:IWPtlU\JW\200'\SIWDIJ4.L-M':'yOf and Cif)' COWIC;J.K:lIICho Cucmaap..dac' Ilg'l9s INTEROFFICE MEMO r:d DATE October 3,2005 FROM Paul Morrison, Sergeant Rancho Cucamonga Station TO Pete Ortiz, Captain Rancho Cucamonga Station PHONE (909)477-2800 SUBJECT MARGARITA BEACH CALLS FOR SERVICE 061005 -100305 " The following is a breakdown of the 38 calls for service related to Margarita Beach from June 10, 2005 through October 3, 2005. Call tyoe Calls Reoorts Bar check/pedestrianltraffic stops 14 0 Assaults 3 1 Drunk in publicI DUI 0 0 Disturbing the peace 15 1 Other 5 0 Total 38 2 Total calls initiated by police approximately 14 , EXHIBIT F ~c 1/-0;2 -a::,) /18 -1f{t. Police Inc# #RC052130017 Page lof1 Detailed History for Police Inc# #RC052130017 As of 9/08/200517:16:43 Priority:2 Type:415 - DISTURBANCE Location:MARGARIT A VILLE BAR,RCC at 9950 FOOTIDLL BLVD,RCC LocCross' btwn RAMONA AVE and HERMOSA AVE ICreated: 1108/01l200500:41:261IECI611G25691 IEntered: 1108/011200500:42:10IlECI61IG25691 IDispatch: 1108/0112005 00: 44: 0811EC0511c48021 IEnroute: 1108/01l200500:50:011IEc05I1c48021 IOnscene: 1108/0112005 00:50:011IEC051IC48021 IControl: 1108/01l200500:59:461IEc05I1c48021 IClosed: 1108/011200501:28:281IM197IIB7125! PrimeUnit:llPl2 Dispo:RTF Type:415 - DISTURBANCE lnf:CHP Phone: InfAdd:LEAH Jur:RC Group:RC Beat:RC3 RD:RC030 Case #:RCR0510339 0 Detail 00:41:26 CREATE Location:MARGARITAVILLE BAR,RCC Type:415lnf:CHP lnfAdd:LEAH Group:RC RD:RC030 TypeDesc:DISTURBANCE LocDesc:at 9950 FOOTHILL BLVD,RCC LocCross:btwn RAMONA AVE and HERMOSA AVE Priority:2 Response: IP AT Jur:RC Map:603 lA LocType:C 00:42:10 ENTRY Text:RP IS 97 ON 415, C4, MEDS ENRT REF SUBJ PUTTING ARM TURU A WINDOW 00:42:10 -PREMIS Text:OCC, PHZ, PPR, ALR 00:42:13 NOMORE 00:42:45 -SELECT 00:43:53 HOLD 00:44:08 DISP II S6 Operator:D0719 OperNames:DECECIO,ANTHONY,RC 00:44:08 -PRIU II S6 00:50:01 ONSCN llS6 00:59:46 OK 11 S6 01:03:46 BACKOS llP12 CalSgn:llS6 Operator:B7125 OperNames:SCOTT,HOWARD,RC 01:04:39 *CHANGE IIP12 Location:MARGARITA VILLE BAR,RCC->MARGARITA VILLE BAR,RCC Type:415->415 CAS:O 11 P12 Case#:RCR0510339 11 S6 Text:INQillRY VEH,4CGG490"",,,,,,, I1S6 Text:INQillRY VEH,4APG337""""", 11 PI2 IIS6 Case#:RCR0510339 IIPI2 Text:INQillRY SNS,CURRY ,MATTHEW,LLOYD,M"W,20"X,x,x"""" llP12 llPI2 Dispo:RTF Case#:RCR0510339 Text:AFTER STARTING A FIGHT SUBJECT NEWTON, MICHAEL 052277 WAS PUSHED THROUGH A WINDOW... 01 :04:39 *CASE 01:15:20 *RFf 01 :15:35 *RFf 01:17:21 PRIU 01:17:24 CLEAR 01:17:54 'RFf 01:20:47 OK 01:28:28 'CLEAR 01:28:28 -CLEAR 01 :28:28 'CLOSE --r?l l/t_~ P, A"-z.. , L/ (l11~ ' pLA"':>f.J {rJ~ (ec 1(,0)-0')) EXHIBIT G II~ '7?? 9/8/2005 https://170.164.167 .228/PRD7 /Html/SystemDocs/CADInterface.aspx?IHQ+%23RC052130c... 14 .', LAW OFFICES WESTON. GARROU. DEWITT S WALTERS JOHN H. WESTON'* CLYDE: DEWITT""'; G. RANDALL GARROU'* MARK P. BINDER1; A PARTNERSHIP 0.. PROFESSIONAL BUSINESS ENTITIES 01" COUNSEL CATHY E. CROSSON1.31 A. CAL!: MANICD"'" JOSEPH P. WOHRLE1 WILSHIRE BUNDY PLAZA 1212/ WILSHIRE BOULEVARD, SUITE 900 LOS ANGELES. CALIFORNIA 90025-1168 FAX (310) 442-0e99 (3101 442~0072 I"I.ORIDA OP'P'ICE LAWRENCE G. WAL. TERS." MARC .J. RANDAZZA2,. 781 DOUGLAS AVENUE ALTAMONTE SPRINGS, 1"1.. 327/4-25ee "AX '....071 774-61151 '4071 3ee-4S2lit I ADMITTED IN c..&Jl'ORNlA 2AOMITTED IN I"LORICIIll 3 ADMI'TTED IN INOlNUIl ... ADMITTED IN TDAS !5.-.oM1TTED IN MA55ACHUSC1TS * A CALIFORNIA PROF"E$SJONAL CORPORATION . of. F\..ORIDA PRO~sroNAl.. ASSOCIATION SAN DIEGO OP'P'ICI!t 1205 oJ STREET, SUITE B SAN DIEGO. eoi' lit210'-7500 "AX USlal 23lit-1717 18lgJ 232-3255 " INVITATION to Margarita Beach Community Meeting September 22, 2005 Re: Saturday, October 1, 2005, 2:00 p.m. 9950 West Foothill Blvd., Rancho Cucamonga, CA 91730 Dear Margarita Beach Neighbor: I am new counsel for Margarita Beach in connection with its relationship with the City of Rancho Cucamonga, and indirectly, with you. I have been retained to deal with the recent changes in Margarita Beach's conditional use and entertainment permits. I have reviewed the file, and as part of the familiarization process, I recently met with several members of the city's planning commission staff (including Brad Buller) and their Deputy City Attorney. During the meeting, city personnel urged us to meet with the complaining residents to discuss various approaches to resolving the situation which we are considering. We enthusiastically agreed. We considered meeting with the residents at the next regularly scheduled neighborhood watch, which was sometime in early October. Unfortunately, the scheduling of the hearing on our appeal before the Rancho Cucamonga City Council will not permit us to defer meeting with the residents until then. EXHIBIT H (cc.. //-O;L~OS-) /1~17'8" Ie ."... LAW OFFICES WE5TON. GARROU. DEWITT !i WALTER5 A PARTNERSHIP OF PROFESSIONAL. BUSINESS ENTITIES Margarita Beach Neighbor Re: INVITATION (Margarita Beach) September 22, 2005 Page 2 Accordingly, we respectfully invite you to attend a meeting on Saturday, October I, at 2:00 p.m., at Margarita Beach Restaurant. I will conduct the meeting, and the purpose will be to present various steps that my client is taking and proposes to take, in response to the concerns which the residents have expressed. I intend to discuss certain things with those who attend, and, even more importantly, I hope to listen. The meeting will not be confrontational or antagonistic; we simply want to obtain your input as we attempt to craft various proposals to resolve the present conflicts. You will be treated with respect and dignity as we attempt to find common ground. The meeting will also give you an opportunity to see the facility and sample its wares. Snacks and beverages will be provided. I anticipate that the meeting will last until 3:00 or 3:30 p.m., although we'll continue as long as it is constructive to do so. We are distributing this invitation to everyone we think will be interested; please feel free to bring it to the attention of anyone else who you think is in that category. Thank you for your consideration, and I look forward to meeting you. Please RSVP to my assistant, Kam Machado. Feel free to contact her via telephone (310/442-0072) or e-mail (KamMachado@wgdlaw.com). Respectfully yours, By JOHN . WESTON JHW:km cc: Dan Coleman, Acting City Planner D. Craig Fox, Deputy City Attorney Mark Davidson IC,\WP6O\1W\2005\MiIc\Marprin Beach\Marprita Beadl NtllJhbot.doc 1/8111 ~~~~~~~~~~~~~~~~~ 0~0~W00~~00~000~= . . ... ..... CD ~~=<m~~m~waww^<~: I\) I\) 3 --a. CD CD 3 ::T::TI\) I\) -'-'1\) .... a- a- (Q ~ =~ I\) ::1. OJ 3 3 ~'< 0 "1l I\) ~ (Q ~ :::!~::T I\)c- ~ iii' ~ CD !!l. iil I\) -. :::!- Z DI 3 CD ~oowww~rcaa~~~w~~r CD~~lIlllllllllll\)crIllIllOOCD~IIlIllDl <00:::!:::!:::!....OCD33cc-3Oo~ CD:::!:::!~~~a.COJCDCD~~;O~~- :::! 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(Q(Q(Q(Q(Q(Q(Q(Q(Q(Q(Q(Q(Q(Q(Q(Q(Q III III III I\) III III III III III III III III III I\) III III III aaooooooooooooooow >>>>>>>>>>>>>>>>>~ S" (Q(Q(Q(Q(Q(Q(Q(Q(Q(Q(Q(Q(Q(Q(Q(Q(Q~ ~~~~~~~~~~~~~~~~~o ~~~~~~~~~~~~~~~~~1Il WWWWWWWWWWWWWWWWW_ OOOOOOOOOOOOOOOOODl 0 0 a. CD we~g/I . - September 25, 2005 To: John H. Weston Attorney for Mark Davidson/Margarita Beach From: Surrounding Neighbors of Margarita Beach Re: Request to Hold a Community Meeting in October for Margarita Beach In regards to your request, we the following undersigned, see no basis or need for holding this community meeting. The facts are that the Planning Staff on behalf of the Planning Commission has prepared a package of recommendations to the City Council to have the business become fmal1y what it was originally permitted-A 'Bona Fide Eatery' with the incidental sales of alcohol and incidental entertainment as described in the entertainment permit. Not only does the Planning Department's recommendations bring the establishment back to what was first permitted, but places the business under city control with periodic reviews and monitoring reports that ensure that the business is operating in compliance with the CUP and the Entertainment Permits. " Thus, there is no reason for the neighbors to meet with you and Mark Davidson since we do not have the authority to mitigate this situation; there is no need for a community meeting. ONLY the City Council can legally deal with the Appeals processes; they are the Governing Body of the City of Rancho Cucamonga CITY OF RANCHO CUCAMONGA SEP 26 2005 RECEIVED - PLANNING EXHIBIT' X (cc.. /1-0:2-DS-) 118'-;;0/ . . ~ N aiite Address . 1. E.DtJA-A.1 d4AlC<k52:: '16'69 GS7J1-Cl;4 C:r~ 2. Ve~G, y 'i;'~ f1cA~:r(.'l ~f'l-e(~ U- 3. Vt ~l~ S::t hcVt<:7~ q. Jfo0 Es -b1-(r~ (j- 4. Sa~ N.oUs.5/Ji/l." ~O;'d.. r} sl~ Ave re (' ~tJ'~' 5. 6c(fl\ M1Jus,:z{v\,' ~03d- (t),-)h Av€-. <3--- ~ 6.L.Thsr;:u?;4dC (ivi).d-'P+slro 1fV8- ~~~ 7. A-+~ YJ\- ":E~ '( 8-cJ d--~ 'P +(j lrv ~ ~ 8. ~~\ Q,.. \\ "'C\t<")'";-.. 6nlu, &<?,t t.. fj 11r u. -...j 9. -( ~ '( \ _r-, ""',,'" e- ~rl\(,..., ~$,.'~ "',':) ~ 10. C~7 {b~t2c~ ' -gDr1 PNJ(TD pJ~ l1.:.\hlj~ C~nEf(()cJ 80/7 !AS/TO NJr 12.~f~ ,^Jcd:k~I'IIIS q~f?O ~c;~e.'-tLC-{. 13.~ ~{f(J '1('l1 U"La d 14. CAfJ.,<.6n., ;2J 4999 ht-,,/j,JJ #/39 / ;(' /// jn$f)~r "'~~"" s.. - . -=> ?~ '- P3eJ~~ AZ.~ . I t8"dO;)- .... ,... , . Name . 15'P.-f 5fz~crN <; I6.~;{~ Address '799CJ f6CT \U 1~1 rrrr fiyf)11Jr'/! r3/uJ!GO Si!!nature ~ 5'~~ Em;r )tt&,v In)>",;,; fI"1 ,^D~ C.mby,~e Ave - , ~.;J r . 18. ~/ ~ ,~7J: 00; 1~~'7/ 1f1./-f'. ~__'~ mash"', 19. ~L~M 'In. E0-uk if 7ZL 6I'~ . 20. Jlf7\. () fsoV\ .5fRnS GSTA-Cu+ c-r-:- /5c . 11 21.bA~fjA<Z~ Or/,vy-... qBos~ [riAI,/1l (1 ~ (, &LJJrl---- 22.KuvI ~mflRN ~OIO r~$'"", A,,, "Ie ~"Llli.~ 23. 24. 25. 26. 27. 28. (18"d03 September 26, 2005 To: Mike Diaz From: Ed Sanchez Regarding: Request for meeting with Margarita Beach Attorney Attached is a copy ofletter sent, via registered mail, to the Attorney for Margarita Beach. I would like to have this included into the file that will be presented to the City Council meeting Scheduled for November 2, 2005. Letters from Margarita Beach's Attorney were placed in mine and several neighbors mail boxes. These letters were put in the mail boxes by Margarita Beach Staff at 11 :00 P.M. on Saturday September 24TIl without postage. This act is a violation of Postal Regulations (See attached Regulations). CITY OF RANCHO CUCAMONGA SEP 2 6 2005 RECEIVED - PLANNING !It--JDY " ~ ~ ,. o .. .. 1i ~ Ul ~ m en -l o Z () > i" o c (l:l o m ~ ~ > ~ ~ z " . . z ;; o , . . o , " . . o z ~ . c . i " . . " z . . ;; . r- o iii '" - III ~ ~ Cl r m Ul r- I '" - en D . ~ ~ g t: ~ o ~ ;Jl < Z l> _ D >!l '" Ul o C 0- III .. U> ~ .l. 10 - 0 ;;J 0 .~~ ~~3:::- ::I 0.:-0 =- n\C) : ::r rr1 - o !r- Q.. =- nSCIlf !: (') E - (') ..... I"!!' = III III n = S nif=- o 0 N = ::l 0: :... OQ'" - .P' f-t : ~ \C) ..... -.) ""' o '" Co Treated as dead mail' If It has no return address. " Original Postage. Postage stamps or meter stamps originaDy affixed to insufficiently prepaid mall.are 1.10 accepted in payment of postage 10 the amount of their ~ce value when I'w. ,'nan Is , 'again prosented for maJ1lng. ' , . : ,: . . ,....... .\. Par~IS Contaj~lng ',;A~~ containing wrilIenmaller and su~~'tO'~e due is charged: .' Wrl~n' MirttW.' . '... a; Al tht!First-Glass nite' fl the Item dohill~fr4IIlh~:o! FIrst-Class mll,lIer. . 1.11 ,. .' ii At the following ra~iton1y a min~r ~k;:il'!iil~ iiOntenlS Is nonpermissible . ',' "l,)"ltl~tfr~ written matter: . , . , , , . ';'J' ~. Bto!oiioiIn ", Pcltt8/lli DIlil" l'Ji-&t:CI...,IlliIeIlll\lJl..,~d '!Cl!l!rgli!~'lP',' '. ',' ,""', , i~'.sti.of.to'O.26' '. ~':~ljl";~ ;'~:" ',;!nli5ii~~fl. :,.' . ..; . .'t;:t~).l.~i~f? : " ;. ::':.1 O~'26.to1.00~'~~FC':';'\I, b.,',: 'j. ,:it j;~Hl:t\I',. ), ~ J.... .: $ ,','. '1;'::~:: ..~., ,'ft:,...:;:.~;!>~:.~f..1.'or",~':-'.:~.~'.;~...:.;"..~;:.;::,:q.....;:.:... . ". ...... "','" ,.,1" "'2;0'" 'r,i.A/~BLE'MA~ff:iN.~i1I)_\V~~MA't.:.REcEPTAci.Es . ," '..... .:;1..... .0 ", ':'(.2",1;t}:, q;pj3h~l.Jr".'J~: r-:',~,. .... . .. ~~alt, . Whoever knowi~ 'arid ~Iifui~ ~Its any mailable, matter (~ as ~ments . ",:", ,'" ", I" . :,":i!i":.i.o!".t..:""L\"\IiS"dfi-.o\i\er1lkemlitie~'dliwhictT''''\Postagelspaid,1n ' 2.1, a accounI,CIIWI""~'5Ml_DI ,..,... '''... ".ll" ",\7'" h ;"., . , "".. ,<:""'" 'Ietteibiii~ed';...' ",,' . }orac:ee~W~'~General!ort e , .' ,; 'i ; 'f..;!' ~,. ~lPt or deililllif96'frTl#i ..,:,. ''';on.any rOUte~.v;fth'l~ JO avoid payment of , .. ,~ .'::;,;,~~~~~ti;~i~ ~~iih.~;\le.f1ned not more than $300 .,.,.(fBU~l725).:, ';'.' . .;;....;.,,-;,,,,...,.',)'.1 L1abilityfol' p~!:i;~'~liIn~~~t1.~~~~,B,04~'(#~m~!.~llI1alIer.t1Otbealing .' ,., ',I' 2.2..I':.pos"'....':tO\ihdiin........."~,....;.,.......rted:....'0fJ1ung'IrDl'n__man ~. " ~~~', , 'I"""~ ,~( , ' ""lnM~ . ::,:: ~eS:deiicii!li!(hiO:~1;'iS1iijbi#tiD'payinenfollhe same postage If carried ",' :-''''"byr1l8ili.to., 1" >:s~(~.f"'<"",'~'.l'~,.,.,'.:. ,",' I",'" . .' :, I~ \ ", ,J: ';:'~" :'~"::J 'i,;,:~~' ~ "~I':;":i~I'~;" 'f; i~~ ;.;~.)'J'f;~::~;i')~.~<',:I',~.~~i ~;'.';, ,~. "~~:" ;" F'111ia1.DistJ:fbutlfji.; Iflhel'!l~~ll:f~ll,~'!i!iJJ,~ !!l.W~;M~~I..~ on a.route. Plec:e8 ' . . '. ; , , a~ r$l1'rll!C:' to,\t!~~!!W1Y: unK, fQr,.l!S!l,l,rJ ,co\IIP.Util)Q.~ p(IllIage due. FjJsl.crass " . .MaD ratlls ~P.Pi!rl!Jil 'Io:n;mJterlhat~!!:,~"'m,f:i.I$/'-clllS!l MlII1 postage if , ". mailed. ~r pth!!r:r'11a~r. if the pi~ ,wei9I!s ~'~n 16 OJJriiies, the appliceble singre-piece A~:9!~ MilIl or Prio~ty~1 rate basecI on the weight of the piece is applied, or an appl~e Package Services rate is appI'Jed, whichever is lower. If the piece weigh~,W:9l!~or n;I?!'S. tf1e,~lil Services rate Is applied. . , II there ~ a distri/;J!Jtio.rl.of identlcal:Pieces .to,.\III or substantially au addresses on a route, only a, rep~ flul1)bl;lr l?f ~ is relllmed to the delivery UIlIl Postage is compt!1ed as ~ In 2.3".: ;,,:'. .. Known Dlstrlbutor If there is reasoii"iObeli~ lhat a';~~ ilili~,y firm or an fntflVldual within the 2.5 post o!Iice deliwry ale4 is responsible. for..lhe./klfivery, the local postmaster notifies that PBm'of the number of pi~ and the postage due. If, within 5 days after notice, the firm Or individual agrees to p8y the postage due. payment is accepted anti, the pi~ are ~!Iverec.t to the .add~!Ml:.Jh!l party paying the postage may chOdse to rederl)lBrthe Pieces rather than Have the 'USPS deliver them. If the pieces. are fOund 10, have been removed lrom 'ir;C8ptactes improperly, they are ,derrvered wilhOOl postage charge. '1. ' ::':,1 " '. " ':1. ". 11\4 --"'~'-~.'" "'._,,~_..," , P.arment I,', ~i)j!I'. ,,, '. 11('.\.,...... ' \~./ ' '. , ,;. ... ') DMM .... 58 (8-1H3l \ " 1'01 U.3 fJiiII'.. '. .. , . ..' . FUll Distribut/ort 2.4 ~',~ ':'"--J . . '. If the party responsible for deliWlry is not knowI:I Qr if tho !inn requested fails to JlIlY the postage, the pieces are relU~ to the publisher or.manufacturer. postage due and entIorsed to ,s,n,o/i they, ~,~ l\'lJ.rycf in, or!'Jlllhe atIdressee's mailbQlC withOut postage. If a publisher'or manU!adfuier giVeS'the name and telephone number of a / person to conlacl and guallln~oo' postage payment, the pieces are retlellvered to (18'- the addressees. If the publisher Or manufacturer is unknown or refuses the pieoes, ;;0 ~ Unknown Dlstrfbutor 2.6 " Information from Margarita Beach Attorney Provided Under Separate Cover EXHIBIT J 1/~-d07 CRY, INC. 876 N. Mountain Avenue, Suite 201 Upland, CA 91786 OASIS ** MARGARIT ABEACH (909) 946-1600 . fax (909) 981-2868 . crvinc2000@earthlink.net Advertising Rancho Cucamonga City Council c/o Debra Adams, City Clerk 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Clerk's Office Re: Margarita Beach Advertising To the City Council: 1 am the president and primary shareholder of Margarita Beach (MB). In regards to questions about the content and style of MB' s advertising, this is an area that 1 am certain is of concern. While 1 am aware the City cannot legally legislate in this area, 1 am certain it remains very concerned about the "R" rated flavor of some of our prior ads. 1 am very sensitive to the City's concerns and will agree to voluntarily address these concerns in- house. As we all know, this style of advertising, (I will refer to as shock or "R" rated advertising, which consists of basically the use of sexually charged ads or pictures of women to get the viewer's attention.) is very effective and is used worldwide by both large and small companies. While 1 feel MB is more conservative in its advertisements than many other establishments in our city, 1 will agree to change the ads 1 have used in the past. To accomplish this, 1 will no longer allow my employees to place ads 1 have not previously and personally approved. 1 also agree that 1 will be personally responsible for the style and content of my ads in the future. Rather than follow the rather low standards set by my competitors 1 will lead and set a higher standard. We want to be a good neighbor and corporate citizen of Rancho Cucamonga - and we will gladly do this in that spirit. Lastly, 1 believe the medium of advertising is not the issue; whether it is radio, TV, print or the internet, the issue is the content, and in the.- future 1 will promise to limit our ~-advertisingtoaPG, 1J1:~~~, ~v-- MarkDavidso~m' ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . LAW OF"F"ICES WESTON. GARROU. DEWITT 8 WALTERS JOHN H. WESTONt:j: CLYDE DEWITTI,4:j: G. RANDALL GARROUI:j: MARK P. BINDERI:j: A PARTNERSHIP OF PROFESSIONAL aUSINESS ENTITIES FLORIDA OFFICE OF COUNSEL CATHY E. CROSSONI,3 A. DALE MAN!COMI JOSEPH P. WOHRLEI WILSHIRE BUNDY PLAZA 12121 WILSHIRE BOULEVARD, SUITE 900 LOS ANGELES. CALIFORNIA 90025-1168 FAX (310) 442-0899 (310) 442-0072 LAWRENCE G. WALTERSZ", MARC J. RANDAZZAZ,!S 781 DOUGLAS AVENUE ALTAMONTE SPRINGS, FL 32714-2566 FAX {407) 774-6151 (407) 389-4529 I ADMITTED IN CALIFORNIA 2 ADMITTED IN FLORIDA 3 ADMITTED IN INDIANA 4 ADMITTED IN TExAS 5 ADMITTED IN MASSACHUSETTS :I: A CALIFORNIA PROFESSIONAL CORPORATION '" A FLORIDA PROFESSIONAL ASSOCIATION November 2, 2005 SAN CIEGO OFFICE 1205 J STREET. SUITE B SAN DIEGO, CA 92101-7500 FAX (6191 239-17!7 (619) 232-3255 HAND-DELIVERED Debra Adams, City Clerk City of Rancho Cucamonga Attn: City Clerk's Office 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: In re Appeal of Margarita Beach (a dba of Rancho Cucamonga Restaurant Ventures, Inc.) from Planning Commission rulings of July 13, 2005 adopting Resolutions 05-51 ami 05-51 Dear Ms. Adams: Enclosed for filing in the above-captioned matter, please find an original and seven copies of: Supplemental Exhibits (Past Resolutions) in Support of Written Submission by Margarita Beach Please contact me immediately if you have any questions. Very truly yours, By & WALTERS WESTON, GARROU, De JHW:km Enclosures . WESTON K:\WP60IJWI200S\SlWOI76-L-City Clerk-Rancho Cucamonga Restaurant Ventures, Inc.doc PRG6490.WP ORIG1NA 1 JOHN H. WESTON G. RANDALL GARROU 2 WESTON, GARROU, DeWITT & WALTERS 12121 Wilshire Boulevard 3 Suite 900 Los Angeles, CA 90025-1176 4 (310) 442-0072 (fax) (310) 442-0899 5 6 7 8 9 JAMES V. REISS REISS & JOHNSON Attorneys at Law 10535 Foothill Boulevard Suite 410 Rancho Cucamonga, CA 91730 (909) 483-0515 (fax) (909) 980-7945 10 Attorneys for Margarita Beach 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BEFORE THE RANCHO CUCAMONGA CITY COUNCIL In re Appeal of Margarita Beach (a dba of Rancho Cucamonga Restaurant Ventures, Inc.) from Planning Commission rulings of July 13, 2005 adopting Resolutions 05- 50 and 05-51 Hearing Date: 11/2/05 Agenda No. SUPPLEMENTAL EXHIBITS (PAST RESOLUTIONS) IN SUPPORT OF WRITIEN SUBMISSION BY MARGARITA BEACH Margarita Beach ("MB") submits the following supplemental exhibits in support of its Written Submission: 1. Resolution No. 88-242, "A Resolution Of The Rancho Cucamonga Planning Commission Approving Conditional Use Permit No. 88-45 For The Sale Of Hard Liquor For On-site Consumption In An Existing 2,160 Square Feet Restaurant On 4.05 Acres Of Land In The Rancho Cucamonga Village Shopping Center Located At The Northeast Corner Of Foothill Boulevard And Ramona Avenue In The Community Commercial District" (attached hereto as Exhibit A). 2. Resolution No. 88-242A (adopted in 1991), "A Resolution Of The Planning Commission Of The City of Rancho Cucamonga, California, Approving A Modification 13 DATED: November 2, 2005 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRG6490.WP 1 To Conditional Use Permit No. 88-45 For The Expansion Of The Restaurant And Bar 2 From 2,160 To 3,240 Square Feet, Modification Of The Hours Of Operation, And To 3 Permit Live Entertainment In Conjunction With The Restaurant And Bar Located Within 4 A Commercial Center Is [sic] The Community Commercial District (Subarea 3) Of The 5 Foothill Boulevard Specific Plan Located at 9950 Foothill Boulevard, Suites R & S" 6 (attached hereto as Exhibit B). 7 3. Resolution No. 91-184, "A Resolution Of The Planning Commission Of The 8 City of Rancho Cucamonga, California, Approving Entertainment Permit No. 91-03 To 9 Operate And Conduct Live Entertainment And Dancing For Skipper's Grill And Bar 10 Located At 9950 Foothill Boulevard, Suites R & S, Within A Commercial Center In The 11 Community Commercial District (Subarea 3) Of The Foothill Boulevard Specific Plan" 12 (attached hereto as Exhibit C). Respectfully submitted, JOHN H. WESTON G. RANDALL GARROU WESTON, GARROU & DeWITT JAMES V. REISS REISS AND JOHNS s for Margarita Beach 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRG6490.WP EXHIBIT "A" Resolution No. 88-242, "A Resolution Of The Rancho Cucamonga Planning Commission Approving Conditional Use Permit No. 88-45 For The Sale Of Hard Liquor For On-site Consumption In An Existing 2,160 Square Feet Restaurant On 4.05 Acres Of Land In The Rancho Cucamonga Village Shopping Center Located At The Northeast Comer Of Foothill Boulevard And Ramona Avenue In The Community Commercial District" EXHIBIT A ""....n coco U;:) U~:lt1a . .~ . MHI<iK DAVIDSON 9099317555 p.3 RESOLUTION NO. 88-242 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING ClMUSSION APPROVING CONDITIONAL USE PERMIT NO. 88-45 FOR THE, SALE OF HARD LIQUOR FOR ON-SITE CONSUMPTIQN IN AN fXISTING 2.160 SWARE FEET RESTAURANT ON 4.05 ACRES OF LA/Il IN THE RANCHO CUCAMOMOA VILLAGE SKOPPING CENTER LOCATED AT THE NORTHEAST CORNER OF FOOl1llLL BOUlEVARD AND RAMONA AVENUE IN'llIE COMMUNITY COMMERCIAL DISTRICT. AND ~ING FINDINGS IN SUPPORT THEREOF. - APN:, 1077-621-34.. A.Redta1s~ (f)S1m ,Garden Restaurant has filed an application for the' fssuance of the COnditional Use Penlit NO. 88-45 as descrfbed, fn the tftle of thfs Resolutfon. Hereinafter fn thfs Resolutfon. the subject Condftfonal,Use Penuft request fs referred to ,as Dt/Ii! applfcatfonD. ' (ft I ()! the 14th of December. 1988. the P1 annfng COI1IIIfssion of the Cfty of Rancho CUcalll(lnga conductl1d a dulynotfced publfc hearfng on the applfcatfon and concluded safd hearfng,on that date. (iff) All legal prerequfsftes to the adoptfonof thfs Resolution have occ:urred. B. , ' Resol utfon. NOW. THEREFORE. it is hereby found. detenained and resol ved by the Plannfng Commfssfon of the 'City of Rancho CUcamongaas fallows: . , 1. This ConIIIfssfon hereby speCiffcallY ffnds that all of the facts set forth in the Recitals. Part A. of this Resolution are true and correct. 2. Based upon substantial evfdence presented to thts Commfssion durfng theabove-referenc:ed publfc hearfng on December 14. 1988. inel uding written and oral staff reports, together', with publfctestilAOny. this ~fssfon here~ speciffcally' ffnds as follows: , (a) The applicatfon applfes to property located ,at' the northeast corner of Foothfll Boulevard and Ramona Avenue with a" street frontage of 632.22 feet and lot depth of 280.96 feet and fs presently fmproved wfth a Commercfal/Retafl Center; and . (b) The application is for the fncfdental sales of alcoholic , beverages as IIIl!RU ftl!llls fn conjunctfon wfth the sales of food., ' , ecl The property to the north of the subject site 1s resfdentfal. the property to the south of that sfte consfsts of a mobfle home park. the property to the east fs comnerdal, and the property to the west is comercfal. ,,' ' ........., L.c. U;) U::J;c..,a MHI<iK UHVIDSON 9099317555 p.8, PLANN1Nti l..U'lPlj~.LU" I'\E;.")U~U' ..."'.. I.V. -- --- CUP 88-45 - SIN! GARDEN RESTAURANT December 14, 1988 Page 2 (d) The applfcation comtemplates the addftion of cCiCktafls to the exfsting restaurant menu of oriental cuisfne and beer/Wine.; , '3. Based upon the substantfal evidence presented to thfs Commission during the above-referenced public hearing and upon the speciffc ffndfngs of facts set forth fn paragraph 1 and 2 above, this COnmfSsfon hereby finds and concludes 'as follows: (a) Thilt the proposed use is fn accord' with the General Plan, the objectives of the Development Code and Foothf11Boulevard Specfffc Plan, and the purposes of the district in which the site is located. ' , (b) That the proposed use, ,together wfth the 'eondftfons applicable thereto, will not be detrfmental to the public health, safet,y, or welfare. or IIIlIterially injurious to properties or fmprovBlents fn the vicfnit,y. ' (c) That the proposed use, complfes witheae:h of' the appl1cableprovisfons of the' DeveloJIIIIl!lt Code and the Foothill Boul everd Specf ff c Pl an. . , ' 4. This CClllDissfon here~ ffnds anc! eertffies that 'the project has, . been revfew~ and consfdered in cDlllplfance with the CalffomiaE'nvironm!!lltal ' Qualfty Act of 197D and. further, thfs ConIIIfssion here~ issues a Negatfve, Declaratfon. , , .' " , 5. Based upon theffndfngs and conclusions set forth fn paragraph ,1. 2.3 and 4 above. this Comfssfon hereby approves the applicatfon subject to each and ever,Y conditfon set forth below. ' Plannfng Dfvisfon 1. This approval shall apply to the servfng of alcoholfc bevera?es only. 2. Approval of thls'request shal1 not waive complfance with all sectfons of the Foothfll Specffic Plan, all applicableCf1;y Ordfnances. Foothfll Fire Dfstrfct requireaents and Publfc Health codes. 3. My'modfffcatfon, expansion or citherchange fnoperation will requfre a revfsfon to the Condftfonal Use'Permft. 4. All sfgnage shall be' desfgned fn confonnance with. the COmprehensfve Sfgn Ordfnance and applfcable Unfform Sfgn Progr~ and shalt requfre revfew and approval by the PlannfngDfvisfon. . .........11 c.c. U;:] U~: It:1a . '.~ . MHI<iK DAVIDSON 9099317555 p." . ' PLANNING Ca+tISSION RESOlUTION NO. 88-242 CUP 88-45 - SIAM GARDEN RESTAURANT December 14, 1988 Page 3 ,5. The servfng of alcoholic beverages must be in conjunction with restaurant usage and the avaflability.' of full lfsted menu ftems. The sale and serving of alcoholic beverages shall cease when such menu items are not available to customers. ' 6. The servfng of alcohol in conjunctfon with restaurant usage ~ operate between the hours of 11:00 a.lI. and 11:00 p.lI. 6. The Secretary to this ConinfSsionshall certify to the adoptfon of this Resolution. ' APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER, 198B. PLANNING ,C ,$SION OF l1IE CITV OF, RANCHO CUCAMONGA BY: ATTEST:: I, Ili"ad Buller, Secretary ,of the ,Planning COIIIII15sion of the City of Ranc:ho Cucllllonga, do hereby certffy that the foregofng Resolution was duly and regularly introduced. passed, and adopted by the Planning ClIIIIIissfon of the . City !)f Rancho CucallOnga. at a regular meeting of the Planning CoIIIIIfssion held , on the 14th dq of December, 1988. by the fallowing vote"'-to..wit: AYES: COHMISSIONERS: BLAKESLEY, CHITI,EA. MC NIEL, TOLSTOY NOES: ClMIISSIONERS: ,NONE ABSENT: COMMISSIONERS: EMERICK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRG6490,WP EXHIBIT "B" Resolution No. 88-242A (adopted in 1991), "A Resolution Of The Planning Commission Of The City of Rancho Cucamonga, Califomia, Approving A Modification To Conditional Use Permit No. 88-45 For The Expansion Of The Restaurant And Bar From 2,160 To 3,240 Square Feet, Modification Of The Hours Of Operation, And To Permit Live Entertainment In Conjunction With The Restaurant And Bar Located Within A Commercial Center Is [sic] The Community Commercial District (Subarea 3) Of The Foothill Boulevard Specific Plan Located at 9950 Foothill Boulevard, Suites R & S" EXHIBIT B ""url ~~ U~ U~:~~a MARK DAVIDSON 9099317555 p.7 RESOLUTION 110. 88-242A . A IlESOLIlTIOII' OF THB PLARNING COMMISSION OF TIll!: CITY OF RANCHO CUCAl!.ONGA, CALIFORlfIA, APPROVING A HODIFICATION TO CONDITIONAL OSB PBRMIT NO. 88-45 FOR TIll!: EXPANSION OF TIll!: RESTAURANT AND BAR PJlOII 2,160 TO 3,240 SQUARIl FEET, HODII'ICATIOII OF TIll!: BOOllll OF OI'BRATIOII, AND TO PBMIT LIVB EHTERTAINMERT IN COIlJONCTION WITH TBB RE8TAURAHT AND lIAR LOCATED WITHIN A COMMERCIAL CENTER'IS TIll!: COIlHUlfITY c:oHN2RCIALDIS'lRICT (SOBARIlA 3) OF TIll!: FOOTHILL BOlJLEVAlU) SPBCIFIC PLAN LOCATED AT 9950 FOOTIIILL BOULEVlIRIl, SUITBS, R G8" AND JQJtING FINDINGS IN SorroR'!' THBllBOF - APN., 1077-621-34. A. Reci~~~.. (i) Fred and Urai Ne1eon ba,ve' 'filed an' application for a modification to COndition~ Ose pe~t 11'0." 8S-45 as descr1bed in the title of this Resolution. Hereinafter in thi. ReSOlution, tbe modification to the conditional Oae Permit requeet i. referred to aa "the application." , . ' ... . , " (ii) On' the 23rd day of October 1991" and continued to November 13, 1991, the Planning COIlIIIIiaaion of the City of Rancho cucamonga conducted a duly noticed public bearing on the application and concluded said bearing on that . date. ' (iii), All 'legal prerequisitss prior to the adoption of ,thiB Resolution', have occurred. B. Reaolui:ian.,; NOW, THBREFORB, it is hereby found, determined, and, rsso1ved by ths,' . planning coaunisBion of ,tha City of Rancho cucamonga as follows. , ,1. This Conwissionhereby specifically finds thst al'l of tbe facts set forth in the Recitala, 'Part A, of tbia Resolution ara'true and correat. 2. Based upon' substantial evidence presented to this co....i.lI.ion during ths above-referenced public hearings on october 23, 1991, and November 13, '1991, including 'written and oral staff reports, together' with public testimony, this CommiDsion bereby specifically finda as follows., (a) The application applie. to proPerty located at 9950 Foothi'll Boulevard with a etreet frontage of 632, fe.,t and lot depth of 278 feet and ia presently improved with one multi-tenant commercial building, :and (b) The property to the' north of the subject eite is apartments, the property to the south of ,the site consist.. of a mob.ile _home park,' the property tci the east ia a commercial building, and the property to . the weat ia a '.ervice station,. vun ~c uo U~:l~a MARK DAVIDSON 9099317555 p.5 . PLANKING COMMISSION RESOLll'J'IOK, NO. 88-242A CUI' 8S-45 - ,SKIppBR'S BAR & GRILL November ~3. 1991 Page 2 (c) rhe 'application applieo to the expansion of an existing restaurant, .siam Garden,. to be renamed .Skipper's Grill and B~,. and the serving of alcoholic beverages frOlll 11.00 p.... to 2.00 a.lD. (d) rhe application contemplatee the expansion of" the reetaurant and bar from 2.160 to' 3.240 square feet including 'conetructi~ ~f a bar, stage and'dance'floor. (e) The application proposes to conduct li_ .ntertai......nt. coneisting of small,band. disc jockey. and comedians, fr"""8.00 p.lD. to 2.00 a.ID.. sev.... daya a, _Ie. 3. Bassd upon the substantial evidence presented to thie commi.sion during the above-referenced public hearing snd upon tha spscif~c findinga of facts set forth in peragrapbs 1 and 2 a/:>OVe, thh ComIDiesion hereby finda and concludes as followe. ' (a) rhat the proposed use i. ia accord with tha General Plan, the objectiv..s of, the Developllsnt Code, and the purposea of the district in which the aita ia located. ~, " (b) !1'hattha proposed "use, togeths,r with, the conditions applicable thereto, ,wili not be detrimental to the pulIlic health, safety.' or welfare or ID&tsrially injurious to propsrtisa Or impro..-z1ts in the vicinity. (c) provi.lIJ.onll of the !1'hat the propoeed use camplie>> with.achof the applicable Development Cod. and Foothill soulevard specific Plan. 4. Baaed upon the findings and conolue10ne, set forth, in paragraphs 1, 2, and 3 above, thia Commission hereby approv.s the application subject to ' each and every conditiOD aet forth below I sond.itional 1) rha serving of alcoholio beverages !DUn' be in conjunction, with restaurant usage and the availability of full listed menuit:elD8. The sale ,and aerving of alcoholic beveragee ahall ceass'when such menu it... are'not available to custamerll. 2) rhe eerving ,of alcohol in conjunctio,n with reetauran~. uaage may operate between the hGura of 11.00 a.lD. and ,2:00 a.lD. 3) All doora ehall remain closed during entertainmen't for ~oise a't~.nuation purposes. The rear (north) doors ahall be used only for ......rgencies frcca,8.00 p.lD. to 2:00 a',m. ' . ~un ~~ U~ U~:~~a MARK DAVIDSON 9099317555 p.S PLANNING COMMISSION RESOLUTION NO. 88-242A CUP 88-45 -: SKIPPER: S BAR Ii GRILL November 13, 1991 Page 3 . '4) All customers shall use the front (south) entrance/exit, 'and use of the rear (north) parking lot sball be limited to employees. S) All entertainment activities sball not create any noiae tbat would, exceed an axterior noi.e level of 60'dB during the bours of 10.00 p.D. to 7.00 a.D. and,65 dB during tbe, bours of 7;00 a.D. to 10100 poD. 6), Approval of t:bie request sball not wai_ cCllllpHance witb all, sections of the FoOtbill Boulevard Specific Plan, all applicable City ordinanc.s, Foothill Fire District requir_nt:s, and Public Bealtb codee. 7) Any JIIOdification, expansion, ClpezatLon will require a Conditional 17.e Permit. or other change in revi.ion to" the 8) All si9JIsge shall be' designed !D conformence with the comprehenaive si.gn ordinance and applicable' Uniform si.gn Program and shall require review and approval by t:he Planning Diviaion. ' . 9) The dance floor inaximuD square footage 8hall no~ exc..d ISO ,.quare ~eet. 10) If operation of the, facility causes adverae effects upon adjacent business.. ,or operation., the COnditional 17.. Permit ahall be brougbt before the Plsnning cClllDission for consideration and 'possible, teD!lination of, the UIIS. II) occupancy of the facility sball JlS!!. cClllllDence until sucb time as sll Uniform Building ,Code and Uniform Fire COde regulations have been complied witb. ' Prior to occupancy, plans ehall bs suba1tt~ ,to tbe Rancho cucamonga Fire Protection District and the Building and Safety Division to sbow compliance. The building shsll be inspected for compliance prior to occupancy. 5. The Secretary to'thls Commieeion shall certify to the,adoption of this Resolution. . ........11 c..c.. U..J u,,; l~a . ,... . MHI<iK UHVIDSON 9099317555 p.6 PLANNING COMMISSION RESOLUTION NO. 88-242A CUP 88-45 - SKIPPER' S BAR , GRILL' N~vember 13, 1991 Page 4' APPROVED l\IlIl ADOPTED THIS 13TH DAY OF NO\lEKllllR 1991. PLANNING IUIIICBO CUCAIIONGA BY. I, Brad Buller, Secretary of the Planning c:oaui.ieBion of the city of Rancho Cucamonga, do hereby certify that the foregoing RBBolution va. duly and' regularly introdUCed, paBBed, and adopted by thB 'Planning Commie.ion of' th8 city of Rancho, CtIcamonga, at ,a regular ...eting' of the Planning Co_ie.ion held on the l3~h day of November 1991, by the'following'vote-to-wlt. AYllS. COHMISSIOIiDB, MaIl:llL! MBLCHBlI, TOLSTOY CHI1'IEA. VALLETTE NOBS. COMMISSIONERS, ABSENT. COMMISSIONERS, RONB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRG6490.WP EXHIBIT "C" Resolution No 91-184, "A Resolution Of The Planning Commission Of The City of Rancho Cucamonga, California, Approving Entertainment Permit No. 91-03 To Operate And Conduct Live Entertainment And Dancing For Skipper's Grill And Bar Located At 9950 Foothill Boulevard, Suites R & S, Within A Commercial Center In The Community Commercial District (Subarea 3) Of The Foothill Boulevard Specific Plan" EXHIBIT C RESOLUTION NO. 91-184 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 91-03 TO OPERATE AND CONDUCT LIVE ENTERTAINMENT AND DANCING FOR SKIPPER' S GRILL AND BAR LOCATED AT 9950 FOOTHILL BOULEVARD, SUITES R & S, WITHIN A COMMERCIAL CENTER IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-621-34. A.' Redtals. (i) Fred and Urai Nelson has filed application for the issuance of Entertainment Permit No. 91-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." (ii) On the 23rd of October 1991, and continued to November 13, 1991, the Planning conunission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning conunission of the City of Rancho cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on october 23, 1991, and November 13, 1991, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located at 9950 Foothill Boulevard with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with one multi-tenant conunercial building; and (b) The property to the north of the subject site is apartments, the property to the south of the site consists of a mobile home park, the property to the east is a commercial building, and the property to the west is a service station. .t".1J.tiJ.'4n.L.L'4~ \"'Ov.........-J..oJoJ........... ..\..LI............................ ....... EP NO. 9l-03/SKIPPERS GRILL & BAR November 13, 1991 Page 2 (c) Skipper's Grill & Bar is a full service restaurant serving alcoholic beverages. The proposed entertainment will be conducted indoors, Sunday through Saturday from 8:00 p.m. to 2:00 a.m. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the conduct of the establishment or the granting of the application would not be contrary to the public health, safety, morals, or welfare; and (b) That the premises or establishment are not likely to be operated in an illegal, improper, or disorderly manner; and (c) That the applicant has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked within the preceding ten years; and (d) That granting the application would not create a public nuisance; and (e) That the interfere with the peace and community commercial center; normal quiet of and operation of the premises would not the surrounding residential uses and,the (f) The applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below: Conditions: 1) This approval is for small bands or individual musicians. 2) Dancing is permitted on a dance floor area which shall not exceed 150 square feet. 3) If the operation of this Entertainment Permit causes any adverse effects upon adjacent businesses or operations or residential uses, the Entertainment Permit shall be brought before the Planning Commission for the consideration and possible suspension or revocation of the permit. PLANNING COMMISSION RESOLUTION NO. 91-184 EP NO. 9l-03/SKIPPERS GRILL & BAR November 13, 1991 page 3 4) All doors shall remain closed entertainment is being conducted for attenuation purposes. The rear (north) shall be used only for emergencies B:OO p.m. to 2:00 a.m. when noise doors from 5) Hours of operation of the entertainment use shall be limited to Sunday through saturday, from B:OO p.m. to 2:00 a.m. 6) Entertainment shall be conducted inside the building. 7) The Entertainment Permit shall not commence until such time as all Uniform Building Code and State Fire Marshall's regulations have been complied with. Plans shall be submitted to the Rancho cucamonga Fire Protection District and the Building and Safety Division for review and approval Drior to commencement of any entertainment activity. B) All customers shall use the front (south) entrance/exit, and use of the rear (north) parking lot shall be limited to employees. 9) All entertainment activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10:00 p.m. to 7:00 a.m. and 65 dB during the hours of 7:00 a.m. to 10:00 p.m. 10) Approval of this request shall not waive compliance with all sections of the Foothill Boulevard Specific Plan, all applicable City Ordinances, Foothill Fire District requirements, and Public Health codes. 11) Any modification, expansion, operation will require a Conditional Use Permit. or other change in revision to the 12) All signage shall be designed in conformance with the Comprehensive Sign Ordinance and applicable Uniform Sign Program and shall require review and approval by the Planning Division~ 5. The Secretary to this Commission shall certify to the adoption of this Resolution. EP NO. 91-03/SKIPPERS GRILL & BAR November 13, 1991 Page 4 APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 1991. PLANNING ION OF THE CITY O~O CUCAMONGA BY: I, Brad, Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of November 1991, by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MELCHER, ,TOLSTOY NOES: COMMISSIONERS: CHITIEA, VALLETTE ABSENT: COMMISSIONERS: NONE LAW OFFICES JOHN H. WESTONI* CLYDE OEWITT,,4* G. RANDALL OARROUI* MARK P. 8INDEFt'* WESTON. GARROU. ,DEWITT S WALTERS A ~AATNl!:"SHI" 0,. ..ROP'ES.IO......L eUSINl!:S5 ENTITIES 0... COUNSeL CATHV E. CROSSON1,3 A, DALE ....ANICOM' JOSEPH P. WOHRLE' WILSHIRE BUNDY PLAZA 12121 WILSHIRE BOULEVARD. SUITE 900 LOS ANGELES. CALIFORNIA 90025-1168 FAX (310) .........ii!-OB99 (310) 442-0072 "'LORIOA 0......1c:.. LAWRENCE O. WALTERS.... ....ARC J. RANDAZZA..15 781 COUGLAS "'VENUE ALTAMONTE SPRINGS. "'L. 32714-ZSae "'AX (407) 774-81151 14071 388.....528 1 AOMmm 11'1 CALlI"OANIA 2 AOMmm IN PU:lAlDA 3 AOMITTED IN JNDlANoIto 4 AOMmm IN TClA5 15 AOMITTm IN r-.--'-aISErTS ! ... CAlJP'O,....... fORO..tsSIO......... COAPOR.ImON ... ... 1"LORlDt. PACWIlSSIONAL ASSOCIAnON October 27,2005 SAN OIE(lO O.....ICE IZOl5 .J STREET, SUITE II SAN DIEGO. CA 82101-7500 P'...x U5181 23'1'-1717 (G191 232-321515 VIA MESSENGER Debra Adams, City Clerk City of Rancho Cucamonga Attn: City Clerk's Office 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: In re Appeal of Margarita Becu:h (a dba of Rancho Cucamonga Restaurant Ventures, Inc.) /Tom Planning Commission ndings of July 13, 2005 adopting Resolutions OS-51 and 05.51 Dear Ms. Adams: Enclosed for filing in the above-captioned matter, please find: Supplemental Written Submission by Margarita Beach Summarizing Expert Declarations We will direcdy ttansmit a copy to the City Attorney, James L Markman, and have already faxed a copy to Michael P. Diaz of City Planning Staff. Mr. Diaz has graciously advised us that he will distribute appropriate copies to other relevant City officials. Please contact me immediately if you have any questions. Very truly yours, JHW:km Enclosures & WALTERS By K:\WP60\JW\200~JWOI66-L-CiIy CIert.Rmcbo CucImoap Restaurmt VeatareI, b.doc 17 18 19 20 'witness declarations contained in its previously filed initial written submission. These 21 1 2 3 4 5 6 7 8 JOHN H. WESTON G. RANDALL GARROD WESTON, GARROD, DeWITT & WALTERS 12121 Wilshire Boulevard Suite 900 Los Angeles, CA 90025-1176 (31O) 442-0072 (fax) (310) 442-0899 JAMES V. REISS REISS & JOHNSON Attorneys at Law 10535 Foothill Boulevard Suite 410 Rancho Cucamonga, CA 91730 (909) 483-0515 (fax) (909) 980-7945 9 10 11 12 13 14 In re Appeal of Margarita Beach (a dba of Rancho Cucamonga Restaurant Ventures, 15 Inc.) from Planning Commission rulings of July 13, 2005 adopting Resolutions 05- 16 . 50 and 05-51 ' Attorneys for Margarita Beach BEFORE THE RANCHO CUCAMONGA CITY COUNCIL Hearing Date: 11/2/05 Agenda No. SUPPlEMENTAL WRI1TEN' SUBMISSION BY MARGARITA BEACH SUMMARIZING EXPERT DECLARATIONS Margarita Beach ("MB") submits this supplemental statement regarding the expert 23 22 Council, are highly significant as they provide critically needed objective information declarations, found under Tabs 7, 8 and 9 of the blue notebooks submitted to the 24 25 26 regarding the primary complaints which triggered the challenged new conditions and the effectiveness of the steps which MB has taken to address the various complaints made by its neighbors during the course of the administrative proceedings to date. Specifically, to assist the City Council in evaluating the necessity for any of the 27 . challenged conditions imposed by the Planning Commission, MB's attorneys retained 28 three independent experts, two of whom are retired police officers, and one of whom PRG6487.WP 1 is a sound expert, to conduct a thorough investigation of the existing state of the subject 2 of the complaints and the effectiveness of and steps MB has taken to deal with occur- 3 rences in its surrounding neighborhood which its neighbors have attributed, rightly or 4 wrongly, to the operation of MB. These reports make clear that the steps already 5 implemented by MB have completely and effectively addressed all of its neighbors' 6 complaints. 7 For example, two of MB's expert declarants, Keith Gooselaw and William Rhetts, 8 are currently private investigators who worked as law enforcement officers for various 9 municipalities for a minimum of 15 years each (15 years for Mr. Gooselaw and 19 years 10 for Mr. Rhetts), both of whose law enforcement careers consisted, in large part, of 11 monitoring bars and restaurants in connection with the wide variety of issues that can 12 be related to such businesses, including noise investigatiol1B, Business and Professions 13 Code violations, exterior alcohol and beverage control violations, lewd conduct investi- 14 gations, loitering problems and parking problems, In short, both of these investigators 15 are highly trained neutral professionals with substantial sworn law enforcement 16 background. 17 Both Mr. Gooselaw and Mr. Rhetts spent four nights (each of them on different 18 nights for a total of eight nights) monitoring the operation of MB and each of the neigh- 19 boring areas surrounding MB throughout those time periods. On each night that they 20 were there, they conducted their investigations over a period of approximately five 21 hours, always choosing those hours when MB is most busy, starting at 8:30 p.m. (except 22 one occasion when Mr. Rhetts started at 9:00 p.m,) and typically going until 2:00 a.m., 23 the closing time at MB. 24 Following their intel1Bive study, they both independently concluded that there 25 were no unlawful or unreasonable noises caused by the operation of MB, nor any 26 loitering problems on the surrounding streets and/or neighborhoods resulting from its 27 operation, nor were there any parking problems from MB patrons on any surrounding 28 PRG6487.11P 2 1 residential streets, They also observed that there were no violations by MB of any 2 relevant statutory and regulatory provisions applicable to such a business. 3 Moreover, they both read the Planning Commission's June 22nd Staff Report and 4 fOWld that MB "is compliant with all of the recommendations outlined by the Rancho 5 Cucamonga Planning Deparhnent, dated June 22, 2005," 6 They additionally both found that "the procedures. . . which MB presently has 7 in place reflect extremely competent and professional management and are highly 8 effective and successful in maintaining control over their patrons and preventing patron 9 caused disturbances and intrusiveness in the neighborhood." 10 Lastly, they both concluded by stating their belief that no "additional steps or 11 conditions, beyond those presently in effect and/or contained in the. , , JWle 22,2005, 12 Staff Report to the Planning Commission, are necessary in order to maintain the present, 13 very acceptable level of patron non-disturbance," 14 The other expert declaration submitted by MB was that of Martin Newson, a 15 forensic consulting engineer in acoustics (Le., a sOWld expert), Mr. Newson's curriculum 16 vitae is attached to his declaration and demonstrates his expertise in acoustical investi- 17 ,gation and analysis, Mr, Newson read the relevant provisions of Rancho Cucamonga 18 MWlicipal Code governing aIlowed exterior noise standards and then went out during 19 peak business hours on two nights in October (Thursday and Saturday) to measure the 20 sound corning from MB during peak hours as perceived from ten different vantage 21 points in the areas surroWlding MB. He concluded that "the general noise levels 22 generated from the operations and occupants of MB ' , , were consistently below the City 23 ,of Rancho Cucamonga noise limit and in most cases, well below the City's noise limit." 24 (Emphasis added,) He additionally concluded that to the extent that any noise from MB 25 was audible whatsoever from outside its building, it was, at best, "only faintly audible" 26 and in no circumstances was it ever "the dominant noise source in any of the locations 27 surveyed," 28 PRG6487.WP 3 i. r f f: .' I, r i: , , , 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 PRG6487.WP Based on the foregoing, it is abundantly clear, as determined by independent investigators, that the additional conditions imposed on MB by Resolutions 05-50 and 05-51, which go beyond the specific conditions recommended by the Planning Commission's Staff Report of June 22, 2005, are entirely unnecessary, and would not in any way be remedial of any objectively identified problems, While they are effective if the goal is simply to force the business to close, they are not effective or necessary for any other purpose, In short, they are fatal overkill in the extreme, CONCLUSION For all the foregoing reasons, MB respectfully reiterates its request that the Council reverse the decision of the Planning Commission adopting Resolution Nos. 05-50 and 05-51, and instead, adopt the proposed conditions recommended by staff in the June 22, 2005 Planing staff report, along with such of the numerous other suggested changes proposed by MB in its Suggested Alternatives document (enclosed herein under Tab 2), which the Council determines may be warranted. DATED: October 27, 2005 Respectfully submitted, JOHN H. WESTON G. RANDALL GARROU WESTON, GARROU & DeWITT / JAMES V. REISS REISS AND JOHNSO ( ! ( 4 f f , t-- I." LAW OFFICES WESTON. GARROU. DEWITT S WALTERS OF COUNSEl- CATHY E. CROSSON,,3 A. DAl-E MANICOM' JOSEPH P. WOHRLE' WILSHIRE BUNDY PLAZA 12121 WILSHIRE BOULEVARD, SUITE 900 LOS ANGELES, CALIFORNIA 90025-1168 FAX (3JO) 442-0899 (310) 442-0072 FL.ORICA OFFICE LAWRENCE G. WALTERS2.. MARC J. RANDAZZA2,5 JOHN H. WESTON':!: CLYDE DE:WITT,,4:!: G. RANDALL GARROUI:!: MARK P. BINDER':!: A PARTNE:RSHIP OF PROFESSIONAl- BUSINESS ENTITIES 7BI DDUGLAS AVENUE ALTANlONTE SPRINGS. FL 32714-2566 FAX (407) 774-6151 (407) 389-4529 I AOMITTEO IN CAUFORNlA 2 ADMITTI':D IN FLORIDA 3 ADMITTED IN INDIANA 4 ADMITTED IN TE<A5 5 ADMITTED IN MASSACHUSEtTS t A CALIFORNIA PROFESSIONAL CORPORATION .. A FLORIDA PRQFESSIONAL ASSOCIATION October 26, 2005 5AN DIEGO OFFICE 1205 J STREET, SUITE B SAN DIEGO, CA 92101-7500 FAX (619) 239-1717 (619) 232-3255 VIA MESSENGER ~'d:~c~rVlEfD) Otl 2 6l;:E@ Debra Adams, City Clerk City of Rancho Cucamonga Attn: City Clerk's Office 10500 Civic Center Drive Rancho Cucamonga, CA 91730 -!i", ',' ;:P ~y\)~O CUCAI\':W:B.t\ ~ '... , ,'" 1 '="'K .. . ~~_.......n Re: Appeal of Rancho Cucamonga Restaurant Ventures, Inc. dba Margarita Beach Dear Ms, Adams: Enclosed please find eight identical binders: Appeal of Rancho Cucamonga Restaurant Ventures, Inc. dba Margarita Beach from July 13, 2005 Decision of City of Rancho Cucamonga Planning Commission, Adopting Resolution Nos. 05-50 and 05-51 Please file and distribute to City Council. We have sent two identical binders to James L Markman, Rancho Cucamonga City Attorney, at his office in Brea. /' Very truly yours, By JOHN JHW:km Enclosures K:\WP601JW\2005\5JWOI63-L-City Clerk-Rancho Cueamonga Restaurant Ventures, Ine.doc BEFORE THE RANCHO CUCAMONGA CITY COUNCIL ApPEAL OF RANCHO CUCAMONGA RESTAURANT VENTURES, INC. DBA MARGARITA BEACH FROM JULY 13, 2005 DECISION OF CITY OF RANCHO CUCAMONGA PLANNING COMMISSION, ADOPTING RESOLUTION Nos. 05-50 AND 05-51 JOHN H, WESTON California State Bar No, 46146 G. RANDALL GARROD California State Bar No. 74442 WESTON, GARROD, DeWITT & WALTERS 12121 Wilshire Blvd., Suite 900 Los Angeles, CA 90025 (310) 442-0072; fax: (310) 442-0899 and JAMES V. REISS California State Bar No. 128020 REISS & JOHNSON Attorneys at Law 10535 Foothill Boulevard, Suite 410 Rancho Cucamonga, CA 91730 (909) 483-0515; fax: (909) 980-7945 For Appellant 6)(17//;/; J LAW OFFICES WESTON. GARROU. DEWITT B WALTERS JOHN 1-1. WESTON1t: CL.YDE DJ;WITT'....t: G, RANDAI..I.. GARROU't: MARK P. B1NOER't: . 0,. COUNS'I!:1.. CATl-lY E. CROS50N,.3 A. OALI!: MANICOM' JOSEPH p, WOHRL.E' WILSHIRE BUNDY PLAZA 12121 WILSHIRE BOUL.EVARD, SUITe::: 900 LOS ANGELES, CALIFORNIA 90025-1168 FAX (310) 442-0899 13101 442-0072 P"LORIDA OP"FICS: I..AWRENCE G, WAL TI!:RS2* MARC ..J. RANOAZZAe.. 181 DOUGLAS AVENUE ALTAMONTE: SPRINGS, FL 32114.256115 FAX 1401J 774-8151 14071 389.....52'" A PARTNERSHIP 01' PROFESSIONAL BUSINESS ENTITIES , ADMITTED IN CALIfORNIA 2ADMmmfNI'"lDRlDoll ;) ~Nmm IN INDIANA ... ~""ITTED IN TDCAS S AO....ITlD) IN MA55PCl-lU5ETTS * A CAlIFORNIA PROF"ESSIONAL CORPORATION .. A I'"t,DRIDlt. PROFESSfON.'lL. ASSOClAnON October 26, 2005 S....N DIEGO OI"'I"'ICE 1205 J STREET, SUITE B SAN DIEGO, CA 92101~7500 FAX 16191 239.1717 U'I~) 232-3.285 ~; DElveD ,',," d . &;; " VIA MESSENGER Or-r ()" "'~II: l,1 r~'('4~ Debra Adams, City Clerk City of Rancho Cucamonga Atm: City Clerk's Office 10500 Civic Center Drive Rancho Cucamonga, CA 91730 . f.' :u.,~"}I\""l_~IJ' ,..., UO"''''!'ARIlli'''.t\ , : ."':'V V..:,"V{1fl~~j"~- ,. '-'" "'-"K . '. .' ~-.:'; -\ Re: Appeal of Rancho Cucamonga Restaurant Ventures, Inc. dba Margarita Beach Dear Ms. Adams: . Enclosed please find eight identical binders: Appeal of Rancho Cucamonga Restaurant Ventures, Inc. dba Margarita Beach from July 13, 2005 Decision of City of Rancho Cucamonga Planning Commission, Adopting Resolution Nos. 05-50 and 05-51 Please file and distribute to City Council. We have sent two identical binde,rs to James L Markman, Rancho Cucamonga City Attorney, at his office in Brea. Very truly yours, WESTON, GARROu6:WITI & WALTERS JOHN By JHW:km Enclosures . K:\WP60VW\200SiSJWOI63-L-Ciry Clerk-Raocho Cucamonga Rcstauraol Ventures,lne.doc . TABLE OF CONTENTS WRITTEN SUBMISSION OF APPELLANT MARGARITA BEACH 1. RESOLUTIONS 05-50 (CONDITIONAL USE PERMIT) AND 05-51 (ENTERTAINMENT PERMIT) WHICH MARGARITA BEACH IS APPEALING 2. MARGARITA BEACH'S SUGGESTED ALTERNATIVES 3. PHOTOGRAPHS 4. DECLARATION OF MARK DAVIDSON (PRESIDENT OF RANCHO CUCAMONGA RESTAURANT VENTURES, INC. WHICH OWNS AND OPERATES MARGARITA BEACH) . 5. DECLARATION OF JONATHAN BIGGS (SECURITY GUARD AT MARGARITA BEACH) 6. DECLARATION OF JACOB WHITE (A MANAGER AT MARGARITA BEACH) 7. DECLARATION OF KEITIl GOOSELAW (PRIVATE INVESTIGATOR AND RETIRED CALIFORNIA POLICE OFFICER) 8. DECLARATION OF WILLIAM RHE'ITS (pRIVATE INVESTIGATOR AND RETIRED CALIFORNIA POLICE OFFICER) 9. DECLARATION OF MARTIN NEWSON (FORENSIC CONSULTING ENGINEER IN ACOUSTICS AND TIlE PRINCIPAL OF MARTIN NEWSON AND ASSOCIATES L.L.C.) 10. DECLARATION OF JOHN H. WESTON (MARGARITA BEACH'S A'ITORNEY) . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 JOHN H. WESTON G. RANDALL GARROU WESTON, GARROU, DeWITT & WALTERS 12121 Wilshire Boulevard Suite 900 Los Angeles, CA 90025-1176 (310) 44'2-0072 (fax) (310) 442-0899 JAMES V. REISS REISS & JOHNSON Attorneys at Law 10535 Foothill Boulevard Suite 410 Rancho Cucamonga, CA 91730 (909) 483-0515 (fax) (909) 980-7945 Attorneys for Margarita Beach " BEFORE THE RANCHO CUCAMONGA CITY COUNCIL In re Appeal of Margarita Beach (a dba of Rancho Cucamonga Restaurant Ventures, Inc.) from Planning Commission rulings of July 13, 2005 adopting Resolutions 05- 50 ana 05-51 Hearing Date: 11/2/05 Agenda No. WRITTEN SUBMISSION OF APPELLANT MARGARITA BEACH 18 19 SUMMARY OF PRESENTATION 20 Margarita Beach, a dba of Rancho Cucamonga Restaurant Ventures, Inc., has 21 operated at 9950 Foothill Blvd. since 1996 as a restaurant and bar duly licensed to serve 22 alcoholic beverages and present entertainment. At all relevant times it has possessed 23 both a Certificate of Occupancy ("CUP") to authorize its sale of alcoholic beverages and 24 an Entertainment Permit ("EP") to authorize its presentation of recorded entertainment 25 by a live disc jockey. Originally operating as "Margaritaville Bar and Cantina," its name 26 was changed in 2004 to "Margarita Beach." (Hereafter the business shall simply be . 27 referred to as either "Margarita Beach," "MB," or "appellant".) 28 PRG6481.11P . . . PRG6481 . WP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Margarita Beach succeeded a similar business, known as Skipper's Grill and Bar ("Skipper's") which, likewise, was a restaurant and bar licensed to serve alcoholic beverages and to present entertainment, and which was licensed to do so seven days a week from 8:00 p.m. until 2:00 a.m. THE NATURE OF THE ISSUES PRESENTED The present appeal arises out of problems first brought to ME's attention on February 2, 2005 when a number of neighbors of the business appeared before the City Council and informed it of certain problems they were experiencing and which they believed were attributable to Margarita Beach patrons. These consisted primarily of complaints that persons (presumed to be ME patrons) were parking their cars on Estacia Court and Pasito (a small cuI de sac running off Estacia) on the weekend and causing disturbance to the neighbors there. This body responded by directing the Planning Commission to investigate the matter and make appropriate determinations. Mark Davidson, ME's owner, appeared and indicated that ME had previously taken steps to prevent such things and he had previously given his personal phone numbers to Mr. Ed Sanchez, the neighbor who appeared to be leading the opposition to ME, asking Mr. Sanchez to report any problems he observed, and that Mr. Sanchez had never called him so that, up until this point, he had assumed his steps were adequate to prevent any neighborhood problems. MB's Responses To These Complaints Because very few specifics were reported by the neighbors at the City Council hearing (in terms of, e.g., dates and circumstances of alleged problems they believed had occurred, whether the speaker had personally observed the complained of conduct or had merely heard about it from others, etc.), and because no neighbor was subject to being asked questions by appellant, much less was speaking under oath, it was impossible to assess both the extent of the problems that the neighbors were complaining about, as well as their causes. For example, with respect to an assertion that "public sex" was 2 . 1 occurring in their neighborhood, MB believes that many neighbors were merely 2 reporting a single incident they had heard of (which apparently occurred entirely inside ' 3 a car), rather than separately reporting multiple separate similar incidents. Because 4 these statements were neither made under oath nor with any right for appellant to cross 5 6 7 8 examine the speakers, appellant had no mechanism for testing the veracity or reliability of any of these statements. " MB believes that most of the problems reported by those living in the general area surrounding Margarita Beach were significantly exaggerated by neighbors and, to the 9 extent they occurred at all, many were very possibly caused by persons who were not 10 patrons of MB, but were, instead, patrons of a nearby liquor store (Ramona Liquor), 11 patrons of two other nearby bars, patrons of two other nearby restaurants which also 12 sold alcohol, or guests of residents of a nearby apartment complex (to the immediate 13 North of MB)) which has consistently lacked adequate on-site parking to accommodate . 14 its residents and their guests.' 15 In any event, shortly after the February 2, 2005 meeting where these complaints 16 to the City Council were first brought to its attention, Margarita Beach met with its 17 neighbors and, based on their feedback, and starting as soon as the very next day, 18 February 3, 2005, took numerous effective and proactive. steps to insure not only that its 19 own operation would cause no problems for its neighbors, but to reduce problems 20 caused by other potential sources as wel1.z . PRG648'.WP 21 22 23 24 25 26 27 28 , MB's investigators have determined that, on average, 6-7 cars park in the neigh- boring Estacia Court neighborhood per night belonging to guests of or residents of the neighboring apartment complex. z A full list of these steps is provided in the accompanyin& declaration of Mark Davidson. A partial list of the steps taken by MB includes: (1) haVIng its personnel walk through the entire Estacia neighborhood a minimum of three times per day checking for and removing litter (and much more often on busy days) regardless of whether that litter was left by any MB patrons; (2) moving the position of its security guards from the shoppin~ center's west parking entrance (at~amona) to further north on Ramona at the intersection of Ramona and Estacia (allowing them to monitor all persons parking along Estacia even before they get to the parking lot entrance leading to MB); and (3) approach- ing any persons parked on Estacia making any loud noises (even if not MB patrons) and (continu!?d...) 3 . 1 Substantially prior to the Planning Commission's first major hearing on these 2 matters (which took place on March 9, 2005), MB's owner, Mark Davidson, personally 3 went door to door to the house of every neighbor (reaching approximately half of them) 4 to find out if the changes he implemented (since the City Council meeting) had been 5 effective, and was told by nearly all the neighbors he spoke with that the measures were 6 entirely effective and that no further problems had been experienced by the neighbors. 7 These measures went beyond merely dealing with any problems that might have been 8 created by MB's own patrons, but additionally and pro-actively ameliorated the 9 problems caused by all of the other non-residents who parked in that neighborhood. . . PRG6481.1IP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Nonetheless, the Planning Commission voted on March 9th to schedule a formal hearing to determine whether to revoke or modify either MB's EP or CUP. Even so, based on Margarita Beach's successful efforts to meet every reasonable concern of its neighbors, the Planning Commission staff report leading to its hearing of June 22, 2005, was a reasonable response, and suggested that MB's CUP be modified to add six additional conditions to insure that the reforms instituted by MB would not be short term. Appellant MB has no objections to any of those conditions. However, on June 22, 2005, and based on the last minute introduction of unauthenticated photographs asserted (mostly incorrectly) to have been taken inside MB, the Planning Commission ignored the recommendations of its staff, reset the matter for one further hearing (on July 13, 2005), and then, on July 13th concluded that the only appropriate result was to enact resolutions imposing literally dozens of new and impossibly restrictive conditions on Margarita Beach's permits, some of which (those which repeat the June 22nd recommendations of staff) Margarita Beach finds unobjectionable, but many of the rest 2 (...continued) warning them they'll call the police if they don't stop immediately. A summary of many or these remedial steps was presented in a letter prepared by Mark Davidson, datea March 1, 2005, which was nand delivered to the Estacia Neighbors' and was thereafter given to Planning Commission Staff which attached it as one of the items under Exhibit F to its Staff Report of March 9, 2005. The remainder are described in the accompanying Declaration of Mark Davidson. 4 . . . 16 17 18 19 20 21 22 23 24 25 26 27 28 PRG6481.WP 1 of which will cripple MB and force it to immediately go out of business if these new 2 conditions are allowed to go in effect. Indeed, the mere announcement of those condi- ' 3 tions has already caused a 30% drop in MB's business. (See accompanying Davidson 4 Declaration.) 5 THE ASSERTED VIOLATIONS 6 The Planning Conunission made a variety of factual findings in Resolution OS-50., 7 (revising the CUP) and Resolution 05-51 (revising the EP), but made very fe~ findings 8 of any actual violations of the prior conditions on either of these permits. The Planning 9 Conunission's findings of violations were most clearly set forth in Resolution 05-51, 10 11 12 13 14 which, in Part B (Resolution), 'lI 2-h found the following three asserted violations, and no others:3 i. The business operation has caused adverse effects on the adjacent residential uses such as regular, extended parking by Margarita Beach customers in front of residences; excessive noise during late night/ 15 early morning hours; and loitering of patrons within adjacent residential neighborhood. ii. On June 17, 2005, Mr. Davidson was convicted and fined for violating a provision of the California Labor Code by permitting smoking inside the business. Prior to issuance of a citation, Mr. Davidson was given due notice and direction on how to achieve compliance. iii. The operation of the business has changed from a restaurant use with incidental entertainment to primarily an entertainment venue with incidental food service, more along the lines of a nightclub, without 3 Most notably, and notwithstanding much discussion of whether certain indiv~dual r,hotographs it reviewed constituted depictions of "Specified Sexual Activities" or Specified Anatomical Areas," it did not make any finding that the business was either an adult entertainment business or violated the City's adult entertainment ordinance by operating as an illegally zoned adult entertainment business. Consequently that issue will not be discussed herein except to categorically deny that MB has ever operated as any type of adult entertainment Dusiness. See the accompanying declaration of Mark DavidSon. , ' 5 . . . PRG6481.WP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 approved revision to the underlying Conditional Use Permit allowing a restaurant use. The wording of Resolution 05-50 (regarding the CUP) was far less clear but appears, essentially, to assert the same violations, except that it specifically and addition- ally found a violation of a requirement which it (incorrectly) attributed to Resolution No. 88-242A (the 1991 CUP) that the primary focus of the business must be as a restaurant use deriving the majority of its receipts from the sale of food rather than alcohol (and, indeed, it went further to suggest that the requirement under the prior CUP was that "gross receipts for food sales [must] greatly exceed. . . gross receipts attributable to alcohol sales." (Res. 05-50, part B (Resolution), 'lI 2-d, emphasis added.) It also found that MB had violated one specific requirement of its prior CUP that its full food service menu must be available to patrons at all times that it sells alcoholic beverages. It made this finding based upon Mark Davidson's candid admission that MB had only sold fresh and kitchen-prepared chips after 10:00 p.m. but that it had ceased selling the bulk of the items on its full menu at that point. RESPONSE TO ASSERTED VIOLATIONS A. Response To Asserted Violation of CUP/EP With Respect To Prior Smoking Violation The circumstances surrounding the prior smoking violation are set forth in full in paragraph 42 of the accompanying Davidson Declaration (found herein under Tab 1) and make clear that this was a one-time violation and that prompt and permanent remedial steps were immediately taken after the violation. Moreover, none of the conditions imposed by the EP or CUP are responsive to this particular asserted ground for the new restrictions, so it is hard to see what connection, if any, exists between this asserted violation and the challenged new conditions. Mr. Davidson pled guilty, accepted his punishment and has not been charged again. The challenged conditions are unnecessary to address this issue, and the only proper basis for changing the 6 . 1 conditions of any CUP or EP is if the proposed changed condition is remedial of the 2 problem triggering the modification-hearing. Moreover, punishment is not an appropri- 3 ate justification for modifications of the conditions imposed by a CUP or El"'. 4 5 B. 6 7 8 Response To Asserted Violation Based On A, Change Of Use From That Allowed By Prior CUP 1. The Violation Of Failing To Make Available The Full List Of Menu Items Until Closing Time 9 MB has already acknowledged one minor violation of its existing CUP which it 10 has since corrected. It did not serve its full food menu after 10:00 p.m. on weekdays and 11 11 pm on weekends, even though it continued to serve alcohol. Although it did offer 12 chips and salsa which were prepared hot in the kitchen throughout the late night 13 hours,5 MB acknowledges that the 1991 CUP (Res. 88-242A) required that in order to . 14 serve alcoholic beverages, there must be both a "restaurant usage"(which the sale of late 15 night snacks would arguably have complied with) and an "availability of full listed menu 16 iteITIS." However, as explained in fn. 1 of the accompanying Davidson Declaration, Mr. 17 Davidson was genuinely unaware of the CUP requirement on MB to serve its full menu 18 at all times while alcohol was served. TItis was for numerous reasons, including that 19 Skipper's, before it, and operating under that same CUP, had stopped serving food after 20 10 pm on weekdays and 11 pm on weekends, and he had erroneously assumed they 21 were doing so lawfully. Also, ABC regulations did not require restaurants to serve food . 22 23 24 25 26 27 28 PRG6481.WP as long as they serve alcohol, and he had never heard of such a requirement ever having 4 This is not to say that no punishment of any kind could ever be imposed for a violation of a CUP conoition. For example, since a CUP can theoretically be revoked as punishment for a sufficiently weighty vlOlation, the Commission would presumably, in appropriate instances, have the power to alternatively punish by the lesser sanctions of a short suspension or a fine. 'What it does not have the power to do is to change conditions (which are supposed to be remedial) as a form of punishment. 5 It should be noted that it did this entirely oblivious of any CUP requirement to serve food at such times. It did this just because its customers liked this to be available. 7 . . . PRG6481.11P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 been imposed on any other restaurant or bar in Rancho Cucamonga. As a result, he had never checked his CUP to see if such a requirement existed. As soon as the incomplete performance of MB's duties under the CUP was brought to Mr. Davidson's attention (at the time of the March 9, 2005 City Planning Commission hearing), he not only readily confessed his good-faith mistake, but took prompt corrective steps to ensure no further violations. As indicated in the accompany-, ing Davidson Declaration, MB's kitchen has, ever since, stayed open until 2:00 a.m. and is available to provide the full list of its regular menu items of hot meals all the way until closing time. More significantly, this particular violation, like the smoking violation discussed above, is not the type of violation which led to the neighborhood concerns motivating these enforcement proceedings. While the failure to provide the full list of menu items until 2:00 a.m. was contrary to the requirements of the existing CUP, fairly evaluated, it did not cause any adverse effect upon the community. As proof of that, MB has complied with this requirement fully since the violation was first brought to its attention in March and the availability of full meals until closing has had absolutely no impact, positive or negative, on anything or anyone. Consequently, once again, under a reasonable "ladder of discipline" approach, some reasonably tempered sanction for this innocent good-faith violation might be appropriate6, but certainly not a devastating change in the fundamental conditions of its CUP and EP. 2. The Asserted Violation Of Not Operating Primarily As A Restaurant The new restrictions seem to have been mistakenly based on the terms of the original 1988 CUP which characterized the location as primarily being a restaurant and which only allowed "the incidental sales of alcoholic beverages as menu items in conjunction with the sales of food." (1988 CUP, Part B (Resolution), 'JI 2(b).) The Planning Commission's finding that MB violated its CUP by changing the allowed use was based on a misunderstanding of the changes in the CUP imposed in 1991. 6 See Margarita Beach's Alternative Suggestions, part C (found under Tab 2 herein). 8 . . . PRG6481.~P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Specifically, the 1991 amendment of the CUP (embodied in Res. 88-242A) completely re-wrote the applicable conditions and restrictions of the 1988 CUP and, by design, did not reiterate or re-create the 1988 requirement that sale of alcohol could only be done as "incidental sales of alcoholic beverages as menu items in conjunction with the sales of food." In 1991, when Skipper's obtained an EP and a revised CUP, it was because they were applying to change from a primary small restaurant use to a larger and different type of use providing entertainment and alcohol (and not from a menu) until 2:00 am. To accomplish this, it not only sought the initial EP for the location, but also successfully sought permission: (1) to not only extend its authorized hours to sell alcohol from 11:00 pm. to 2:00 a.m., but (2) also to be freed of the obligation to sell alcohol only from its restaurant menu and only as an incidental aspect of its restaurant use. It also obtained permission to expand from just one unit within the shopping center into two adjacent units, large enough to hold this very different type of use. Prior to the expansion, the location housed only a small restaurant with no entertainment and which was required to stop selling alcohol at 11:00 p.m. In sharp contrast, even the title of its 1991 CUP (see Resolution 88-242A) expressly referred to it, for the first time, as a "restaurant and bar." (Emphasis added.) In fact, Skipper's full name as it appears on both the 1991 CUP and EP is "Skipper's Grill and Bar." The former space (authorized by the original 1988 CUP) was suitable for a restaurant, but a CUP for the larger space (and the EP) was applied for in 1991 so Skipper's could operate as a restaurant/bar which emphasized its entertainment features and derived most of its income from the sale of alcoholic beverages (which it was then expressly allowed to sell until 2:00 a.m.). It was, accordingly, no accident that the restriction to sell alcoholic beverages only as "incidental sales" was then lifted. The only limitation was that the serving of alcohol must be "in conjunction with restaurant usage." However, nothing in the 1991 CUP continued to require the sale of alcohol to be "incidental" to the restaurant usage. 9 . . . 1 Finally, further evidence that it was no accident that the term "incidental sales" 2 'did not appear in the 1991 CUP is reflected in the fact that where the Planning Commis- ' 3 sion desires to perpetuate the terms of a pre-existing CUP and only add supplemental 4 modifications or conditions to it, it routinely includes language in the amending CUP 5 language stating that the prior CUP remains in effect except as superseded by the new 6 one. Such language appears, for example, in the challenged CUP (Resolution 05-50), in." 7 part D (Resolution), 'JI 2-J, which states: "The proposed use, together with tl:ze original 8 conditions, as amended to add new or modified conditions imposed by this Resolution, 9 complies with each of the applicable provisions of the Development Code and the 10 Foothill Boulevard Districts." (Emphasis added.) Likewise, in part B (Resolution), 'JI 5, 11 of this same 2005 Resolution, it expressly clarifies that it is simply adding new and 12 additional conditions to the pre-existing 1991 Resolution (Resolution No. 88-242A), rather 13 than simply superseding that Resolution. That paragraph states, in pertinent part: 14 "Based on the violations identified above and in order to ensure future compliance with the 15 conditions of Planning Commission Resolution No. 88-242A, this condition hereby modifies 16 [the] Conditional Use Permit. . . by adopting the following conditions:" 17 Thus, it is clear that the 2005 Resolution simply added to, but did not eliminate, 18 the provisions of the 1991 Resolution. In sharp contrast, there is no comparable 19 language in the 1991 Resolution preserving any portion of the origina11988 Resolution, 20 Instead, all of the conditions set forth in the 1991 Resolution are stated as complete in 21 and of themselves and do not reference that they supplement or modify in any way the 22 prior conditions imposed in 1988 by Resolution No. 88-242. Accordingly, for that reason 23 as well, it is clear that the 1991 elimination of the term "incidental sales" was not 24 accidental, but that it was intended that the 1991 Resolution entirely re-state the 25 applicable provisions governing this location, and the Planning Commission could not 26 properly bootstrap superseded provisions from the 1988 Resolution as if they still 27 survived following the entirely new superseding Resolution enacted in 1991. 28 PRG6481.WP 10 . . . PRG6481.WP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 As a result, the Planning Commission unquestionably erred in requiring MB to prove that the bulk of its sales came from food and not the sale of alcohol. Furthermore, because the 1991 Resolution had no such requirements, the Commission abused its discretion in enforcement of the 1991 CUP, by entirely changing the terms of that CUP to prohibit the very things which that CUP allowed. C. Response to Assertion That MB's Use Has Either Violated the Public Health Safety or Welfare or Been Materially Injurious To Properties Or Improvements In The Vicinity Because, in the declaration of Mark Davidson, MB has set forth in great detail all of the relevant facts and circumstances pertaining to the charges that it has either operated in violation of the public health, safety or welfare, or been materially injurious to properties or improvements in the vicinity, rather than reiterate all that discussion herein, MB will simply refer the Council to that presentation. Based thereon, MB takes the position that it has at all times acted responsibly and effectively in dealing with every complaint registered concerning the operation of its business and its impact on its surrounding neighbors. Consequently, if any further modifications of its CUP are shown to still be needed (and no evidence of that has been established to this point), such should be imposed only in a carefully limited way calculated to ensure a properly measured response is taken recognizing that this is MB's first CUP or EP accusation, its good faith throughout these proceedings, and the competing property rights here at issue. MB will expand on this portion of its discussion substantially at the time of the hearing before the Council. D. The Due Process Issues Because the Planning Commission has ordered severe modifications of MB's CUP and EP that will unquestionably force the immediate termination of this business if allowed to take effect, MB believes that it is constitutionally entitled to fundamental procedural rights before so significant a property right can be taken from it. It believes that, in such circumstances, it is entitled to: (1) advance written notification of the 11 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PRG6481. WP charges against it upon which any revocation/modification procedure is based and a reasonable period thereafter in which to prepare defenses and respond; (2) the right to . subpoena witnesses to appear at the revocation hearing; (3) the right to a proceeding where the only evidence that will be considered against it is that which is sworn under oath; and (4) the right to cross examine all adverse witnesses. MB's counsel has contacted counsel for the City in advance of this hearinganq, has made such a formal request, as it believes thatthis right should extend npt only to the Planning Commission hearings, but should also extend to the City Council's appellate consideration of this matter, based upon representations of the City Attorney that the City Council may take in new evidence and has the power to redetermine the relevant facts. The City Attorney has informed counsel for MB that these procedural rights will not be available to MB at the upcoming City Council hearing and, according- ly, for the record, MB formally objects that the findings of the Planning Commission operated to deprive it of its property without due process of law, in violation of the 14th Amendment to the United States Constitution and parallel provisions of the California Constitution. THE RESTRICTIONS IMPOSED BY THE REVISED CUP AND EP PERMITS ARE THE EQUIVALENT OF A REVOCATION ORDER AS THE BUSINESS WILL BE FORCED TO CLOSE IMMEDIATELY IF THESE RESTRICTIONS ARE ALLOWED TO GO INTO EFFECT The three most crippling such restrictions are: (1) a serious reduction in the hours of operation of the business from those allowed by its existing CUP (which allows it to remain open serving food and alcohol until 2:00 a.m.) to an 11:00 p.m. cutoff on its allowed hours for serving alcohol, coupled with a mandatory closure of the entire facility by midnight; (2) a serious reduction in the hours of allowed entertainment from those allowed by its existing EP (which allows it to present entertainment from 8:00 p.m. 12 . 1 until 2:00 a.m.) to a midnight cutoff; and (3) a major change in the allowed operation of 2 the businesses, such that it may only operate if the primary use is as a restaurant (as 3 demonstrated by tri-monthly submissions of gross receipts), even though under the pre- 4 existing CUP, both Margarita Beach and its predecessor, Skippers, were allowed to 5 derive the bulk of their income from the sale of alcoholic beverages, so long as the 6 business remained open serving food throughout all times that it sold alcoholic 7 beverages. 8 These new restrictions, if given effect, will make it impossible for Margarita Beach 9 to compete with numerous other bars in its vicinity, the hours of operation of which 10 have not been restricted, and, as a result, would force it to close its doors immediately 11 if these conditions are given effect, essentially depriving Margarita Beach of all the value 12 of its pre-existing CUP and EP. See Declaration of Mark Davidson, '11'1113-14.7 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . PRG6481.WP 7 The foregoing discusses only the three most draconian sanctions, implementation of which would unquestionably force the immediate closure of ME. However, ME challenges and opposes all of the other proposed new conditions and, for the reasons set forth in ME's Suggested Alternatives, Part A (found under Tab 2), urges that the proposed conditions recommended by staff in the June 22, 2005 Planing staff report be adopted instead, along with such of the numerous other suggested changes proposed by ME in its Suggestea Alternatives document, which the Council determines may be warranted. 13 9 DATED: October 26, 2005 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 . . . PRG6481. UP 1 CONCLUSION 2 For all the foregoing reasons, MB respectfully requests that the Council reverse. 3 the decision of the Planning Commission adopting Resolution Nos. 05-50 and 05-51, and 4 instead, adopt the proposed conditions recommended by staff in the June 22, 2005 S Planing staff report, along with such of the numerous other suggested changes proposed 6 by MB in its Suggested Alternatives document (enclosed herein under Tab 2), which the" 7 Council determines may be warranted. 8 Respectfully submitted, JOHN H. WESTON G. RANDALL GARROU WESTON, GARROU & eWITT JAMES V. REISS REISS AND JO By: , JOHN H. Attorneys for Margarita Beach 14 . . . <, RESOLUTIONS 05-50 (CONDITIONAL USE PERMIT) AND 05-51 (ENTERTAINMENT PERMIT) WHICH MARGARITA BEACH IS APPEALING 1 . RESOLUTION NO. 05-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MODIFICATION TO CONDITIONAL USE PERMIT NO. 88-45 FORA RESTAURANT AND BAR WITH LIVE ENTERTAINMENT LOCATED WITHIN A COMMERCIAL CENTER IN THE COMMUNITY COMMERCIAL DiStRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 9950 FOOTHILL BOULEVARD, SUITES R & S; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-621-34. A. Recitals. . 1. Conditional Use Permit 88-45 was approved in 1988 for Siam Garden Restaurant by adoption of Planning Commission Resolution 88-242, 2. In 1991, the Planning Commission approved a modification of Conditional Use Permit 88-45 and Entertainment Permit 91-03 on October 23, 1991, by adoption of Planning Commission Resolution No, 88-242A to expand the size of the restaurant and bar and to allow live entertainment under the business name of Skipper's Bar and Grill. 3. In 1996, the business was obtained by Mr. Davidson and renamed Margaritaville. In 2004, the business name was changed to Margarita Beach. 4. At the February 2,2005, City Council meeting, 13 residents spoke on issues associated with the Margarita Beach business that negatively impacted their residential neighborhood, and the matter was referred to the Planning Commission for a review of the issues presented. 5, On March 9, 2005, the Planning Commission conducted a duly noticed public hearing to determine whether substantial evidence existed to set a public hearing for a formal review of business operations at Margarita Beach. At the hearing 17 residents testified as to how their health, safety and welfare have been negatively affected by the operation of Margarita Beach. Testimony included submission of letters, petitions, and photographs. Also included in the staff report was a summary of Police calls for service. 6. Based on the testimony presented during the evidentiary hearing, the Planning Commission found that a public hearing was appropriate and directed that before said public hearing, the business owner, local residents, and City staff meet and discuss how the issues raised regarding the business could be resolved. 7. On April 19, 2005, City staff met with the business owner and local residents to discuss the issues, Representatives from the Police Department provided a breakdown of the calls for service and responded to questions. 8, The Planning Commission conducted a duly noticed public hearing on April 27, May 11, June 22, and July 13, 2005 concerning the business operations and modification of CUP No. 88-45. . B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: . . . PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD - MARGARITA BEACH July 13, 2005 Page 2 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing on April 27, May 11, June 22, and July 13, 2005, including written and oral staff reports, together with public testimony, the Planning Commission hereby specifically finds as follows: a. The CUP modification applies to property located at 9950 Foothill Boulevard with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with a multi-tenant commercial building; and b. The subject property is surrounded by apartments to the north, a mobile home parK to the south, residences development to the east and west, and a service station to the west; and c. The CUP modification applies to a 3,440 square foot leased space that includes the Margarita Beach restaurant and bar, dance floor, the serving of alcoholic beverages, live entertainment, and is currently permitted to be open between the hours of 11 :00 a,m. to 2:00 a.m. daily; and d. Planning Commission Resolution No. 88-242A includes conditions of approval that require the serving of alcoholic beverages to be limited to those hours when the full listed food menu items are available. While the current operation of Margarita Beach continues to serve food, the business is largely focused on the bar and entertainment as the primary activity as its advertisements attest. In violation of Conditions 1 and 2 of Resolution No. 88-242A, the applicant, at the March 9, 2005 Planning Commission meeting testified that they offer a full menu only until 10:00 p.m., such as steaks, fish, and chicken. Further, the business owner did not provide any documentation that the restaurant use, as previously approved, is the primary focus of the Margarita Beach business. Such documentation would include business records reflecting that the percentage of gross receipts for food sales greatly exceeds gross receipts attributable to alcohol sales, or business records reflecting that their expenditures for restaurant food menu items greatly exceeds expenditures for the purchase of alcohol that will be resold; and e. Based on public and staff testimony, site visits by staff, and a review of pictures and advertisements for the business provided at the June 22, 2005 meeting, the four members of the Commission (one absent) concluded that the nature of the current business operation had changed from a restaurant use with incidental entertainment to a primarily entertainment venue (with food), more along the lines of a nightclub; and f. The findings made by the Planning Commission in their Resolution No. 88-242A granting Conditional Use Permit 88-45 indicate that the use "will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity." However, testimony has been received from numerous residents of the surrounding neighborhood indicating a variety of adverse impacts associated with Margarita Beach's operation and its customers including, but not limited to, regular, extended parKing by Margarita Beach customers in front of residences, excessive noise during late night/early moming hours, and loitering of patrons within adjacent residential neighborhood across Ramona Avenue; and . PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD - MARGARITA BEACH July 13, 2005 Page 3 g. On June 30, 2005, staff visited the website of radio station X-103.9 and found seven photographs identified as being from Margarita Beach. One of these photographs shows a woman from behind who is pulling down her pants revealing the cleft and upper half of her buttocks, an area that is included within the definition of "Specified Anatomical Areas" by the City's Adult Entertainment Business Ordinance; and h. One print advertisement states "XX every Friday Night at Margarita Beach" including "$2.00 sex shots all night long." All of the advertising refers readers to ..www.ieparly.com" for more details. The www.ieparly.com website featured numerous photographs allegedly taken at Margarita Beach's Bunny Ball on March 24, 2005, including photos of a woman fondling the breast of another woman, a woman squeezing and licking the breast of another woman, and a woman's buttocks being fondled. The acts depicted in these three photographs are included within the definition of "Specific Sexual Activities" set forth in the Adult Entertainment Business Ordinance. The Adult Entertainment Ordinance defines a commercial business that provides "a place where two or more persons may congregate, associate, or consort in connection with 'Specified Sexual Activities' or the exposure of 'Specified Anatomical Areas' as a "Sexual Encounter Establishmenf; and . i. The Planning Commission Resolution No. 88-242A also adopted a condition of approval that stipulates that the business must comply with all applicable City Ordinances, and Public Health Codes, On June 17, 2005, Mr, Davidson was convicted and fined for violating a provision ofthe California Labor Code by permitting smoking inside the business. Prior to issuance of a citation, Mr. Davidson was given due notice and direction on how to achieve compliance. j. The proposed use, together with the original conditions, as amended to add new or modify conditions imposed by this Resolution, complies with each of the applicable provisions of the Development Code and the Foothill Boulevard Districts. 3. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the Califomia Environmental Quality Act of 1970, as amended, ("CECA") and the Guidelines promulgated thereunder, pursuant to Section 15301 of the Guidelines. ' 4. Based upon the substantial evidence presented to the Commission during the above-referenced public hearings, and upon the specific findings of facts set forth in paragraphs 1, 2 and 3 above, the Planning Commission finds that the business owner's violation of the Conditional Use Permit, and/or the manner in which the business has been and continues to be operated, is detrimental to the public health, safety and/or welfare, including that of the adjacent residential neighborhood. 5. Based on the violations identified above and in order to insure future compliance with the conditions of Planning Commission Resolution No. 88-242A, this Commission hereby modifies Conditional Use Permit No. CUP88-45 by adopting the following conditions: . 1) The serving of alcoholic beverages shall be in conjunction only with a restaurant use and the availability of all items listed on the menu. The sale and/or serving of alcoholic beverages shall cease when full listed menu items are not available to customers. At all times, menu items . PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD - MARGARITA BEACH July 13, 2005 Page 4 shall include full, hot "meals," as defined in California Business and Professions Code Section 23038. 2) The primary use shall be a restaurant and "bona fide eating place" as defined in California Business and Professions Code Section 23038, with ancillary serving of alcoholic beverages. In order to establish compliance with this condition, within 15 days of the effective date of , this Resolution, and every three (3) months thereafter, the business owner shall provide the City Planner with satisfactory documentation reflecting the percentage of actual gross receipts attributable to restaurant food sales, and to the sales of alcoholic beverages, for the first two quarters of 2005. Alternatively, the business owner may provide satisfactory documentation of the business expenditures for restaurant food menu items and for alcoholic beverages, for the same period of time. 3) Within 15 days of the effective date of this Resolution, the applicant shall provide the City Planner with an updated floor plan of the lease space indicating the layout of the space and specific location and type of tables and chairs, for review and approval. , . 4) The serving of alcohol in conjunction with restaurant usage may occur only between the hours of 11 :00 a.m. to 11 :00 p.m. The restaurant use may remain open until Midnight. 5) The business owner shall at all times fully comply with all applicable regulations of the Department of Alcoholic and Beverage Control (ABC), including, but not limited to, those provisions regarding Attire and Conduct and Entertainers and Conduct (specifically Sections 143.2, 143.3 of Title 4 of the Califomia Code of Regulations), 6) All business activities shall be conducted inside the building. 7) All doors shall remain closed during entertainment for noise attenuation purposes. The rear (north) doors shall be used only for emergencies from 8:00 p.m. to Midnight. 8) All customers shall use the front (south) entrance/exit, and use of the rear (north) parking lot shall be limited to employees only. 9) No entertainment activity shall create any noise that exceeds an' exterior noise level of 60dB during the hours of 10:00 p.m. to 7:00 a.m" or 65dB during the hours of 7:00 a.m. to 10:00 p.m" or that otherwise unreasonably interferes with the peace and quiet of any adjoining property, The business owner shall not permit entertainment on the . premises, except as authorized by a valid Entertainment Permit 10) The use of search lights, or flashing or otherwise light-animated signs which contain or are illuminated by flashing or moving lights or lights PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD - MARGARITA BEACH .UIY 13, 2005 age 5 which are intermittently on and off, change in intensity, orwhich create the illusion of flashing in any manner, shall not be permitted, 11) The business owner shall be responsible for the clean up and general maintenance of the areas in front and behind the lease space, and in any and all parking lot areas occupied by its patrons, All collected trash and debris shall be properly disposed in the trash receptacles located on the site. 12) The business owner, and all persons acting on behalf of the business, shall at all times comply with any and all local, state and federal laws, rules and regulations, including, but not limited to, requirements ofthe Foothill Boulevard Districts, all applicable City Ordinances, Rancho Cucamonga Fire Protection District, and Public Health Codes. The business owner shall provide all employees with a copy of these conditions and shall personally ensure that each employee understands and is familiar with each condition. 13) Any modification to the floor plan, expansion, or other change in operation shall require a revision to this Conditional Use Permit and associated Entertainment Permit. . 14) All signage, including window signs, shall be in conformance with the Comprehensive Sign Ordinance of the City of Rancho Cucamonga, the applicable Uniform Sign Program for the center, and shall require review and approval by the Planning Department. 15) The dance floor maximum square footage shall not exceed 150 square feet. 16) In the eventthe business owner fails, at any time, to comply with all the conditions of approval, as amended, or; the operation of the business causes adverse effects generating complaints by nearby property owners, or; the operation of the business generates a significant number of requests for service by the Police Department, then the Conditional Use Permit shall be brought before the Planning Commission for consideration, including possible modification, imposition of additional conditions, and/or revocation of the Conditional Use Permit. . 17) The maximum number of occupants shall not exceed permissible limits under the building and fire codes. The maximum occupancy for the use is 233 persons and shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Department. 18) No adult entertainment, as defined by the Rancho Cucamonga Municipal Code Section 17.04.090, shall be permitted. . . . PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD - MARGARITA BEACH July 13, 2005 Page 6 19) Uniformed security personnel shall be provided within the parking area at all times during evening business hours (8:00 p.m, to Midnight) to control parking and monitor crowd behavior. A minimum of one member of the security team shall be continually present at all times. When the front parking lot reaches 50 percent capacity, the number of security personnel outside the establishment shall be increased to a minimum of 2 persons monitoring the parking lot and directing patrons not to park within the adjacent residential neighborhood. Security personnel shall immediately report any observed criminal activities to the Police Department. 20) The business operator and/or its employees shall not direct patrons to park in the rear parking areas on the north side of the building, in any of the adjacent residential streets, or other off-site locations, On site parking signs shall be installed by the applicant to instruct patrons not to park anywhere but within the parking lot. The number, location, and language of said signs shall be reviewed and approved by the City Planner. 21) The City Planner shall monitor the operation of the business and shall bring back a progress report to the Commission for two successive 3-month reviews, beginning on the date of this Commission action. The report shall indicate whether the business establishment has been operating in compliance with all conditions of approval. Two successive 6-month progress reports shall be provided to the Commission beginning from the date of the last 3-month review, 22) The business owner shall work with the property owner to establish a Business Watch program for the commercial center to address issues related to crime prevention and personal safety. 6, The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich Macias, Chairman ATTEST: Although signatures are not available. this is a true and accurate copy of the original. Brad Buller, Secretary . . . PLANNING COMMISSION RESOLUTION 05-50 CUP88-45 MOD - MARGARITA BEACH July 13, 2005 Page 7 I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of July 2005, by the following vote-to-wit: AYES: NOES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL COMMISSIONERS: STEWART ABSENT: COMMISSIONERS: NONE . RESOLUTION NO. 05-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. MODIFYING ENTERTAINMENT PERMIT NO. 91-03 TO OPERATE AND CONDUCT ENTERTAINMENT AND DANCING FOR MARGARITA BEACH. LOCATED AT 9950 FOOTHILL BOULEVARD. SUITES R & S. WITHIN A COMMERCIAL CENTER IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF -APN 1077-621-34. A. Recitals. 1. On May 21, 1986. the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. On November 13, 1991. the Planning Commission of the City of Rancho Cucamonga adopted their Resolution No. 91-184 approving Entertainment Permit No, 91-03 for Skipper's Grill and Bar allowing "entertainment," as defined in Section 5.12.020 of the Rancho Cucamonga Municipal Code. (specifically, small bands or individual musicians) and dancing in conjunction with a restaurant use at the location as described in the title of this Resolution. Hereinafter in this Resolution. the subject Entertainment Permit request is referred to as "the permit." 3. Skipper's Grill and Bar was approved as a restaurant serving alcoholic beverages. with entertainment occurring indoors, Sunday through Saturday from 8:00 p,m. to 2:00 a,m. . 4. In 1996, the Entertainment Permit was transferred to a new owner (Mr. Davidson) doing business as Margaritaville. In 2004, the business name was changed to Margarita Beach. 5. At the February 2, 2005, City Council meeting, 13 residents spoke conceming the Margarita Beach business and adverse effects that business has had on their residential neighborhood. Thereafter, the matter was referred to the Planning Commission for a review of the issues presented, as authorized by the City's Development Code. 6. On March 9, 2005, the Planning Commission conducted a duly noticed public hearing to determine whether substantial evidence existed to set a public hearing for a formal review of business operations at Margarita Beach. At the hearing 17 residents testified as to how their health, safety and welfare have been negatively affected by the operation of Margarita Beach. Testimony included submission of letters, petitions and photographs, Also included in the staff report was a summary of Police calls for service. 7, Based on the testimony presented during the evidentiary hearing, the Planning Commission found that sufficient evidence existed to determine that a public hearing was appropriate and directed City staff to set a public hearing on the matter. 8. On the June 22, 2005, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the matter and after taking public testimony on the operation of the business, the Commission continued the public hearing to July 13, 2005. . 9. On July 13, 2005, the Planning Commission of the City of Rancho Cucamonga conducted the continued public hearing on the permit and concluded said hearing on that date, . . . PLANNING COMMISSION RESOLUTION NO.05-51 EP 91-03 MOD - MARGARITA BEACH July 13, 2005 Page 2 1 O. All legal prerequisites prior to the adoption of this Resolution have occurred. B, Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are ,true and correct. " 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearings on June 22 and July 13, 2005, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. Entertainment Permit No. 91-03 applies to the business known as Margarita Beach, located at 9950 Foothill Boulevard, Suites R & S, with a street frontage of 632 feet and lot depth of 278 feet and is presently improved with one multi-tenant commercial building; and b. Margarita Beach consists of a 3,440 square foot leased space that includes restaurant facilities and a bar, and dance floor. Pursuant to Conditional Use Permit No. 88-45 and Entertainment Permit No. 91-03, Margarita Beach is permitted to serve alcohol and provide entertainment, and is currently open between the hours of 11 :00 a,m. to 2:00 a,m. daily; and c. Based on public and staff testimony, site visits by staff, and a review of pictures and advertisements for the business provided at the June 22, 2005, the four members of the Commission (one absent) concluded that the nature of the current business operation had changed from a restaurant use with incidental entertainment to a primarily entertainment venue (with food), more along the lines of a nightclub; and d. The findings made by the Planning Commission in their Resolution No. 91-184 granting the Entertainment Permit 91-03, pursuant the standards established by the Rancho Cucamonga Municipal Code Section 5.12.080, indicate that the use "will not be contrary to the public health, safety, morals or welfare" and the "the premises or establishment are not likely to be operated in an illegal, improper, or disorderly manner." However, testimony has been received from numerous residents of the surrounding neighborhood describing a variety of adverse impacts associated with Margarita Beach's operation and its customers; and e. On June 30, 2005, staff visited the website of radio station X103.9 and found seven photographs identified as from Margarita Beach. One of these photographs shows a woman from behind who is pulling down her pants revealing the cleft and upper half of her buttocks, an area that is included within the definition of "Specified Anatomical Areas" by the City's Adult Entertainment Business Ordinance; and f. One print advertisement states "XX every Friday night at Margarita Beach" including "$2.00 sex shots all nightlong." All of the advertising refers readers to "www"eparty,com" for more details. The aforementioned website featured numerous photographs allegedly taken at Margarita Beach's Bunny Ball on March 24, 2005, including photos of a woman fondling the breast of another woman, a woman squeezing and licking the breast of another woman, and a woman's buttocks being fondled. The acts depicted in these three photographs are included within the definition of "Specific Sexual Activities" set forth in the Adult Entertainment Business Ordinance. A . PLANNING COMMISSION RESOLUTION NO.05-51 EP 91-03 MOD - MARGARITA BEACH July 13, 2005 Page 3 commercial business that provides "a place where two or more persons may congregate, associate, or consort in connection with 'Specified Sexual Activities' or the exposure of 'Specified Anatomical Areas' is defined as a "Sexual Encounter Establishment" by the Adult Entertainment Ordinance; and g. The Planning Commission Resolution No, 88-242A approving the Conditional Use Permit also adopted a condition of approval that stipulates that the business must comply with all applicable City Ordinances, and Public Health Codes and; h. Based upon the substantial evidence presented to the Commission during the above-referenced public hearings, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, the Planning Commission specifically finds that violations of Condition Nos. 3, 10, and 11 of Planning Commission Resolution No, 91-184 have occurred since adoption of said Resolution. The violations of the ~spective conditions of approval are as follows: i. The business operation has caused adverse effects on the adjacent residential uses such as regular, extended parking by Margarita Beach customers in front of residences; excessive noise during late night/early morning hours; and loitering of patrons within adjacent residential neighborhood ii. On June 17, 2005, Mr. Davidson was convicted and fined for violating a provision of the California Labor Code by permitting smoking inside the business. Prior to issuance of a citation, Mr. Davidson was given due notice and direction on how to achieve compliance. . ili. The operation of the business has changed from a restaurant use with incidental entertainment to primarily an entertainment venue with incidental food service, more along the lines of a nightclub, without approved revision to the underlying Conditional Use Permit allowing a restaurant use. 3. The business owner's violation of these conditions and conditions adopted pursuant to Conditional Use Permit No. 88-45, and/or the manner in which the business has been and continues to be operated, is detrimental to the public health, safety and/or welfare, including that of the adjacent residential neighborhood. 4. Based on the violations identified above and in order to insure future compliance with the conditions of Planning Commission Resolution No. 91-184, this Commission hereby modifies Entertainment Permit No.91-03 by adopting the following conditions: 1) This approval is only for entertainment as an ancillary activity related to the primary restaurant use. Entertainment is approved for small bands or individual musicians, and a dance floor area. Any change of intensity or type of entertainment shall require a modification to this permit. . 2) The dance floor shall not exceed 150 square feet. 3) The provision of entertainment is limited to between 8:00 p.m. and Midnight, Sunday through Saturday. Any expansion of days and/or hours shall require modification ofthis permit. . PLANNING COMMISSION RESOLUTION NO.05-51 EP 91-03 MOD - MARGARITA BEACH July 13, 2005 Page 4 4) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04,090, shall be permitted at any time. 5) All entertainment shall be conducted entirely inside the building. 6) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. The rear (north) doors shall be used only for emergencies from 8:00 p,m, to Midnight. 7) No entertainment activity shall create any noise that exceeds an exterior noise level of 60 dB during the hours of 10:00 p.m. to 7:00 a,m" or 65dB during the hours of 7:00 a,m. to 10:00 p.m., or that otherwise unreasonably interferes with the peace and quiet of any adjoining property. The business owner shall not permit entertainment on the premises, except as authorized by a valid Entertainment Permit. , 8) Access to the lounge/entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for "Fire Exit" purposes only. . 9) The applicant shall at all times fully comply with all applicable regulations of the Department of Alcoholic and Beverage Control (ABC), including those provisions regarding Attire and Conduct and Entertainers and Conduct (specifically Sections 143.2, 143.3 ofTitle 4 of the California Code of Regulations). 10) In the event the business owner fails, at any time, to comply with all of the conditions of approval, as amended, or; the operation of the business while entertainment is being provided causes adverse effects generating complaints by nearby property owners, or; the operation of the business while entertainment is being provided generates a significant number of requests for service by the Police Department, then the Entertainment Permit shall be brought before the Planning Commission for review, including possible modification, imposition of additional conditions, and/or revocation of the permit. 11) The business owner, and all persons acting on behalf of the business, shall at all times comply with any and all local, state and federal laws, rules and regulations, including, but not limited to, requirements of the Foothill Boulevard District, all applicable City Ordinances, Rancho Cucamonga Fire Protection District ordinances, all conditions contained in Resolution No. 91-184, to the extent not modified herein, and Public Health Codes. The business owner shall provide all employees with a copy of these conditions and shall personally ensure that each employee understands and is familiar with each condition of this Resolution, . 12) The term of the Entertainment Permit is one year. The business owner shall annually renew this Entertainment Permit per Municipal Code . PLANNING COMMISSION RESOLUTION NO.05-51 EP 91-03 MOD - MARGARITA BEACH July 13, 2005 Page 5 Section 5.12.115. Renewal of said permit shall be based on full compliance with all the conditions of this approval, as modified, and those of the associated Conditional Use Permit for the premises. 13) The maximum number of occupants shall not exceed building and fire codes. Unless revised by a change in or interpretation of any applicable statute or regulation, the maximum occupancy for the use is 233 persons and the same shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Department. . 14) Uniformed security personnel shall be provided within the parking area at all times during evening business hours (8:00 p.m. to Midnight) to control parking and monitor crowd behavior. A minimum of one member of the security team shall be continually present at all times. When the front parking lot reaches 50 percent capacity, the number of security personnel outside the establishment shall be increased to a minimum of 2 persons monitoring the parking lot and directing patrons not to park within the adjacent residential neighborhood. Security personnel shall immediately report any observed criminal activities to the Police Department. 15) The business operator and/or its employees shall not direct patrons to park in the rear parking areas on the north side of the building, in any of the adjacent residential streets, or other off-site locations. On site parking signs shall be installed by the applicant to instruct patrons not to park anywhere but within the parking lot. The number, location and language of said signs shall be reviewed and approved by the City Planner, 16) The City Planner shall monitor the operation of the business and shall bring back a progress report to the Commission for two successive 3-month reviews, beginning on the date of this Commission action, The report shall indicate whether the business establishment has been operating in compliance with all conditions contained in this Resolution. Two successive 6-month progress reports shall be provided to the Commission beginning from the date of the last 3-month review. 17) The business operator shall work with the property owner to establish a Business Watch program for the commercial center to address issues related to crime prevention and personal safety. . 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby hereby finds and concludes as follows: a, That the conduct of the establishment and the granting of the renewal of the Entertainment Permit, together with the original conditions, as amended to add new or modify conditions imposed by this Resolution, would not be contrary to the public health, safety, morals or welfare; and . . . PLANNING COMMISSION RESOLUTION NO,05-51 EP 91-03 MOD - MARGARITA BEACH July 13, 2005 Page 6 b. That the premises or establishment, together with the original conditions, as amended to add new or modify conditions imposed by this Resolution, is not likely to be operated in an illegal, improper or disorderly manner; and c. That the applicant, or any person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind orof a felony or of any crime involving moral turpitude or has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provisions of entertainment revoked within the preceding five years; and " d. That renewal of the Entertainment Permit, as originally conditioned, and as amended to add new or modify conditions imposed by this Resolution, allowing the business to continue to provide entertainment, would n9t create a public nuisance; and e, That the normal operation of the premises, as originally conditioned and as the Conditional Use Permit and Entertainment Permit have been amended to add new or modify conditions imposed by this Resolution, will not interfere with the peace and quiet of the surrounding commercial center and adjacent residential uses; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 6. This Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the Califomia Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuantto Section 15301 of the State CEQA Guidelines. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JULY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich Macias, Chairman A TIES,.: Brad Buller, Secretary Although signatures are not available, this is a true and accurate copy of the original. I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the . . . PLANNING COMMISSION RESOLUTION NO,05-51 EP 91-03 MOD - MARGARITA BEACH July 13, 2005 Page 7 Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of July 2005, by the following vote-to-wit: AYES: NOES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL COMMISSIONERS: STEWART ABSENT: COMMISSIONERS: NONE . " . MARGARITA BEACH'S SUGGESTED ALTERNATIVES . 2 Mar2arita Beach's Suggested Alternatives . A. . Margarita Beach appeals Planning Commission Resolutions 05-50 (Conditional Use Permit) and 05-51 (Entertainment Permit) and the new operational conditions imposed pursuant to the respective resolutions. Instead, Margarita Beach respectfully submits that the following new conditions, which were proposed by PlanningDepartment Staff! in the June 22, 2005 Report (and which are reproduced verbatim below), are fully adequate to address the legitimate concerns which triggered the Planning Commission's review and should be adopted in lieu of those contained in Resolutions 05-50 and 05-51: 1. No adult entertainment as defined by the Rancho Cucamonga Municipal Code, Section 17.04.090 shall be permitted. 2. Uniformed security personnel shall be provided within the parking area at all times during evening business hours (9:00 p.m. to 2:00 a.m.) to control parking and monitor crowd behavior. A minimum of one member of the security team shall be continually present at all times. When the front parking lot reaches 75 percent capacity, the number of security personnel outside the establishment shall be increased to a minimum of two persons patrolling the parking lot and one person on Ramona Avenue directing patrons away from parking within the adjacent residential neighborhood. 3. The driveway entries/exits on Ramona Avenue shall be closed each business day no later than 1 :00 a:m. to direct patrons leaving the site to exit on Foothill Boulevard, subject to approval by the City's Traffic Engineer. 4. The business operator and/or its employees shall not direct patrons to park in the rear parking areas on the north side of the building, in any of the adjacent residential streets, in any ofthe adjacent residential streets, or in other off-site locations. 5. The City Planner shall monitor the operation of the business with a progress report being brought back to the Commission for two successive 3- month reviews, beginning on the date of this Commission action. The report shall indicate whether the business establishment has been operating in compliance with all conditions of approval and applicable City ordinances. A follow up progress report shall be provided to the Commission one year from the date of the last 3-month review. Failure by the operator to comply with all the conditions of approval, as amended, at any time, or because of continued . I These proposed new conditions were arrived at only after significant input from the residents with feedback also from Margarita Beach. . . . complaints from the public regarding excessive problems directly attributable to the operation of the establishment, shall be cause for the possihle revocation of the Conditional Use Permit by the Planning Commission. 6. The business operator shall work with the property owner to establish a Business Watch program for the commercial center to address issues related to crime prevention and personal safety. B. In addition to the foregoing, Margarita Beach proposes that the following additional conditions be added: 1. The business operator shall cause its employees to inspect the RamonaJEstacia Court neighborhoods within 250 of the RamonaJEstacia Court intersection for litter (and remove any that is observed) at least three times every day on which the business is open. One of the inspections must be within 30 minutes of the business' closing; one mnst be between 9:30 p.m. and 10:30 p.m.; and one must be between 5:30 p.m. and 6:30 p.m. 2. The business operator shall deny entrance to the business to any person(s) reasonably believed to have parked on Ramona or in the Estacia Conrt neighborhood. 3. The business operator shall install an additional nrinal in the men's lavatory within the business. 4. The business owner shall cause speed bumps to be installed in the driveway between the building and the north sound wall. 5. The business owner shall expend a minimum of $20,000 towards promoting and expanding food sales. This money is to be spent on remodeling the kitchen (adding a pizza oven (for gourmet pizzas), convection oven (for fresh bread), additional refrigeration, and promoting food sales (thru coupons and advertising). The business owner is to provide proof of the required sum's being spent within 180 days. , c. Margarita Beach strenuously maintains that the challenged resolutions inappropriatelymodify its CUP and EP. Those changes are neither necessary to insure compliance nor in any sense remedial. However, recognizing that its early tennination offood service and smoking violation do constitute violations of its pennits, Margarita Beach acknowledges that some punishment may be in order. Accordingly, it suggests that the City adopt a ladder of discipline approach to pennittees, 2 . . . including Margarita Beach, which would permit imposition of graduated penalties for confirmed violations. Margarita proposes the following ladder of discipline which is similar to that utilized by the California ABC: First offense - 5 day suspension of entertainment permit or fine equal to 20% of revenues as defined by the State Board of Equalization for the 5 day period of time. Second offense -10 or 15 day suspension of entertainment permit or fine equal to 20% revenues as defined by State Board of Equalization for the 10 to 15 day period of time. Third offense - 30 suspension of entertainment permit, no fine alternative. Fourth offense - Revocation of license. By adopting the foregoing approach, the City would have the ability to punish for confirmed violations, while still being able to modify conditions for where chronic non-compliance or remedial necessity justified such modifications. If the Council determined that Margarita Beach warranted punishment, Margarita Beach would not oppose application of this ladder of discipline in the present matter. D. Finally, although Margarita Beach is confident that its procedures consistently prevent its patrons from entering, parking in or otherwise disturbing the Estacia Court neighborhood, it respectfully suggests an additional level of insulation which the City could provide. It would involve limiting parking in the designated area after 10:00 to those who live there and their invited guests. The City could: 1. Prohihit parking in the neighhorhood after 10:00 p.m. every evening, except for residents' vehicles whose license plate numbers are registered with the Police Department. Residents could obtain temporary parking privileges by calling in overnight visitors' license plate numbers. 2. Post signs indicating that there is to be no parking in the neighborhood after 10:00 p.rn. every evening except by residents' vehicles which are registered with the Police Department. 3. Issue citations to (and/or tow) improperly parked vehicles. This approach would immediately eliminate all unwanted parking; it would be a source of revenue for the City, and it would be minimally burdensome on the residents. They would be required to do nothing more than write or phone their cars' license plate numbers to the Police Department and then follow a simple phone-in procedure for guests' cars. K:\WP6O\JW\2005\Misc\Marprita Beacb\Suggested Altcmativn.wpd 3 . PHOTOGRAPHS 1. North facing view of entrance to Margarita Beach (in Rancho Village Shopping Center). 2. Southwest facing view of Foothill Boulevard from grass strip at southern border of Rancho Village Shopping Center parking lot (The Pines in background). 3. Southeast view down Ramona A venue from entrance to Estacia Court showing driveway entrance to Rancho Villa Apartments, driveway to north of Rancho Village Shopping Center, location of Margarita Beach security guard and Ramona Market. 4. West facing view down driveway/parking spaces (back parking lot) between Rancho Village Shopping Center and sound wall. Mosher residence behind and to the right. Ramona Avenue at distant center of photo. 5. East facing view from driveway north of Rancho Village Shopping Center . showing sound wall (to left) between Rancho Villa Apartments and Rancho Village Shopping Center and concrete wall between Rancho Village Shopping Center and Gilberto 's/Ken 's parking lot behind Mosher residence. 6. Southeast facing view ofGilberto 's (& Ken's) from slotted wood fence directly behind Mosher residence. 7. Northwest long range view of Gilberto 's/Ken's parking lot showing slotted wooden fence separating Mosher residence from parking lot and (to left) concrete fence between Gilberto 's/Ken 's parking lot and Rancho Village Shopping Center parking lot. 8. Northwest view of Gilberto 's/Ken 's parking lot showing slotted wooden fence separating Mosher residence from parking lot and (to left) concrete fence between Gilberto 's/Ken 's parking lot and Rancho Village Shopping Center parking lot. 9. Extreme close-up of slotted wooden fence separating Mosher residence from . Gilberto 's/Ken's parking lot. . . . e-=----' ~ " North facing view of entrance to Margarita Beach (in Rancho Village Shopping Center). photograph 1 . . . Southwest facing view of Foothill Boulevard from grass strip at southern border of Rancho Village Shopping Center parking lot (The Pines in background). photograph 2 ~:~- . --- . ":. '. '" ~... . f'-. J,. ~' r;. t " . Southeast view down Ramona Avenue from entrance to Estacia Court showing driveway entrance to apartment building complex, driveway to north of Rancho Village Shopping Center and Ramona Market, and location of Margarita Beach security guard. . photograph 3 . . . West facing view down driveway/parking spaces (back parking lot) between Rancho Village Shopping Center and sound wall. Mosher residence behind and to the right. Ramona Avenue at distant center of photo. photograph 4 .: . . <, East facing view from driveway north of Rancho Village Shopping Center showing sound wall (to left) between Rancho Villa Apartments and Rancho Village Shopping Center and concrete wall between Rancho Village Shopping Center and Gilberto 's/Ken's parking lot behind Mosher residence. photograph 5 . . . ^~~._-'"'-"'--~--' ...-.... :c.... -- -.- > ~ ~~ c'"-.....;""-- , i ,~,c.. ,,.. ,,'.'~' ,'~. i ! Southeast facing view of Gilberto 's (& Ken's) from slotted wood fence directly behind Mosher residence. photograph 6 . . . ~------~-- '->.,----'--'--,..'~----l " Northwest long range view of Gilberto 's/Ken's parking lot showing slotted wooden fence separating Mosher residence from parking lot and (to left) concrete fence between Gilberto 's/Ken 's parking lot and Rancho Village Shopping Center parking lot. photograph 7 . . . Northwest view of Gilberto 's/Ken's parking lot showing slotted wooden fence separating Mosher residence from parking lot and (to left) concrete fence between Gilberto 's/Ken's parking lot and Rancho Village Shopping Center parking lot. photograph 8 . . . 0--' " Extreme close-up of slotted wooden fence separating Mosher residence from Gilberto 's/Ken 's parking lot. photograph 9 . <. . DECLARATION OF MARK DAVIDSON (PRESIDENT OF RANCHO CUCAMONGA RESTAURANT VENTURES, INC. WHICH OWNS AND OPERATES MARGARITA BEACH) . 4 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PRG6485.WP DE CLARA nON OF MARK DAVIDSON (C.c.P. ~ 2015.5) I, Mark Davidson, hereby declare as follows: L I am the president and majority owner of Rancho Cucamonga Restaurant Ventures, Inc. (RCVI), which owns and operates a business known as Margarita Beach, a restaurant licensed to sell alcohol and present entertainment, located at 9950 Foothill Blvd., Suites R and S, in the city of Rancho Cucamonga, California. Except as stated on information and belief, I have personal knowledge of each of the facts set forth herein. I make this declaration to provide a sworn statement, under oath, in support of the appeal of Margarita Beach ("MB") from the Planning Commission's rulings of July 13, 2005 adopting Resolution nos. 05-50 and 05-51. 2. My partner Jose Sambolin owns 40% of RCVI and oversees MB's management team on a daily basis. We employ a General Manager, an Associate Manager, a Bar Manager, a Kitchen Manager, Head of Security, as well as, a Day Manager.' All of these individuals constitute the management team that I oversee. The management team is responsible for the supervision and operation of Margarita Beach. 3. MB's management staff consists of Jose Sambolin, Brian Cook, Mario Valencia, Jacob "Jake" White, Ricky Orantes, George Rogoff and Joan Shanks who have served in such capacity since 1996. I will collectively refer to them herein simply as "Management." 4. I delegate routine functions of operating Margarita Beach to Management. However, I believe in inspecting the efforts of our management team, and as a result I am at this location five to six nights per week. 5. Margarita Beach is located in a large, L-shaped shopping center (632 feet long by 278 feet deep) on the north side of Foothill Blvd., with a vast parking lot to the south and west of the L-shaped structure and smaller amounts of additional parking to the north of the structure. An aerial photograph featuring both the shopping center, Margarita Beach and relevant neighboring locations is attached hereto as Exhibit A. . . . PRG6485.UP 1 Relevant History 2 6. Margarita Beach (hereafter "MB") initially opened in 1996 under the name 3 "Margaritaville Bar and Cantina" which I changed to Margarita Beach in 2004. It is 4 located in a proper commercially zoned area on the busiest street in Rancho Cucamonga, 5 Foothill Blvd., and is in the proper area where the City's general plan says that such a 6 use should be located. There is one other bar in the same block as MB, Gilberto's, and " another, TwinS, 100 yards away Gust on the other - east - side of Hermosa). There are also two additional restaurants serving alcohol in this same block, Restaurant Satsuma (which is in our own shopping center) which stays open until anywhere from 11:00 p.m. until 2:00 am (depending on patronage) and which has both liquor and entertainment, and Ken's, an oriental restaurant serving alcohol and open until 11:00 p.m. on Friday and Saturday nights. Ken's shares a common parking lot with Gilberto's, which lot is immediately adjacent to the Mosher residence. 7. I acquired MB in 1996 from Skip Nelson who had operated a restaurant/ bar business there called "Skipper's Grill and Bar." I carefully studied the operation of Skipper's before deciding to purchase it and personally observed that it operated as a restaurant and bar, but with its primary income coming from the sale of alcohol. It had 3 pool tables, 2 dart boards, live entertainment with dancing, Kareoke, and possessed both a City-issued Conditional Use Permit (CUP) and an Entertainment Permit (EP). The CUP allowed it to serve alcohol so long as it also served food, but did not require that it derive more income from the sale of food than of alcohol. Consistent with its CUP, I observed and determined that Skipper's had pool leagues, dart leagues, and ran tournaments 3-4 nights per week, and derived far more income from alcohol than from the sale of food. As part of the "due diligence" for our purchase, Skipper's represented to me via income statements that the liquor sales accounted for the vast majority of its sales. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. I also observed that Skipper's EP allowed it to have customer dancing on a dance floor not to exceed 150 square feet. Its EP allowed it to present such entertain- 2 . . . PRG6485.WP 1 ment fram 8:00 p.m. to. 2:00 a.m. seven days a week. Mareaver, its CUP allawed it to. 2 sell alcahal, in canjunctian with the sale af faad, seven days a week fram 11:00 a.m. to. 3 4 5 6 2:00 a.m. 9. Lastly, part af my decisian to. purchase Skipper's was that the faregaing manner af QperatiQn qualified it as a 'bQna fide eating establishment" as that term is used by the State Department Qf AlcQhQlic Beverage CQntrQl ("ABC"). Like the 1991 7 CUP issued to. Skipper's, its ABC license likewise did nQt require that it aperate 8 "primarily" as a restaurant, and was silent regarding the ratio. Qf incQme attributable to. 9 fQQd versus alcQhQI. 10 10. I purchased Skipper's in reliance Qn the ABC license and the CUP and EP 11 that it passessed, and I established and develQped MB to. Qperate with a simi1arfQrmat, 12 and subject to. similar city rules. 13 11. MB has essentially Qperated similarly to. Skipper's except that it eliminated 14 2 Qf the 3 pool tables and bQth dart bQards, and has no. live entertainment except fQr a 15 disc jQckey who. plays pre-recarded music fQr custQmers. This entertainment is allQwed 16 17 18 19 20 21 22 23 24 25 26 27 28 by the pre-existing EP. (Skipper's generally offered live bands.) 12. MB prQvides a full menu Qf hQt meals (a CQPy Qf which is attached hereto. as Exhibit B) during all hQurs Qf QperatiQn. Its kitchen remains Qpen until 2:00 a.m. to. provide every item shQwn Qn Qur menu.' 1 PriQr to. the initial Planning CQmmissiQn hearing af March 9, 2005, I was entirely unaware that the CUP we Qbtained frQm Skipl'er's required us to. keep Qur kitchen Qpen prQviding our full menu of hQt meals until Closing time. CQnsequently, priQr to that time we had always stQPped serving Qur menu at 10 pm Qn weekdays and 11 pm Qn weekends. HQwever, when this CUP requirement was brought to. my attentiQn at that hearing, I immediately cQnfessed my ignQrance and apparent viQlatiQn, and that very day changed Qur Qperation so. that ITom that day Qn, we have served Qur full menu all the way until 2:00 a.m. Also., realizing that I might have also. taken Qther things fQr granted, I wenthQme that very night and fQund and read every line Qf the CUP and EP I had Qbtained frQm Skipper's. I admit that this ignorance on mYlart was unbelievably dumb, but, in my defense, it was caused by the fact that I ha wrongly assumed that if we met the state ABC requirements fQr a restaurant serving liquQr, that such cQmpliance autQmatically meant iliat we WQuld be in cQmpliance with any municipal requirements fQr the service , (continued...) 3 . . . PRG6485.WP 1 Devastating Impact of New Resolutions On My Business 2 13. When I appeared at the February 2nd City Council meeting, I spoke' 3 proudly of the 1.8 million dollars in taxable sales that Margarita Beach generated on an 4 5 6 7 8 9 10 11 annual basis. Since that meeting, due to the adverse publicity surrounding our business (specifically it having been reported on the front page of the Daily Bulletin that we were now required to close at 11:00 p.m,) and the aggressive promotions by our competitors, . i, our business has decreased tremendously. We have declined over $10,000 pl;!r week in sales. Also, we have spent in excess of $50,000 in legal costs to defend ourselves during these proceedings. This impact is severe, but bearable. 14. However, the new resolutions, if enforced, will immediately put us out of business and put our nearly 40 employees out of work (13 of whom are Rancho 12 Cucamonga residents). Our competitors in Rancho Cucamonga and in nearby 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 communities remain open providing entertainment and selling liquor until 2:00 a.m, Without being able to remain open until 2:00 a.m., MB will no longer be able to operate as a restaurant/bar with entertainment. Since its enlargement in 19912, this location is not viable for restaurant-only operation, due to its location and size and, consequently, , (...continued) of alcohol. Obviously that assumppon was wrong. Also, I was familiar with the operation of other restaurants in Rancho Cucamonga, and had never heard of a condition requiring any of them to serve their full menu for as long as they served any alcoholic beverages. ,Most significantly, however, the 10 pm weekday restaurant shutdown and 11 pm weekend restaurant shutdown was how SKipper's itself had operated when I bought the business, and it never occurred to me that it had been operating in violation of its CUP. 2 When Skipper's obtained an EP and a revised CUP in 1991, it was because they were applying to expand from just one unit within the shopping center into two adjacent units. Prior to the expanSIon, the location housed only a restaurant with no entertainment and which was required to stop selling alcohol at 11:00 p.m. In sharp contrast, the title of its 1991 CUP expressl)' referred to it, for the first time, as a "restaurant and bar." (Emphasis added.) In fact, Skipper's full name as it appears on both the 1991 CUP and EP is "Skipper's Grill and Bar. The former space (authorized by the original 1988 CUP) was suitable for a restaurant, but a CUP for the larger space (and the EP) was applied for in 1991 so Skipper's could operate as a restaurant/bar which emphasized ItS entertainment features and derived most of its income from the sale of alcoholic beverages, which it was then expressly allowed to sell until 2:00 a.m. 4 . . . 1 the challenged new requirement that MB must hereafter derive the majority of its sales 2 from food would independently force its immediate closure. 3 Summary of Asserted Problems and Responsive Steps Taken 4 15. To show the City Council the broad extent of ameliorative steps we have 5 taken, I will list below, in no particular order, each of the various types of complaints 6 rightfully or wrongly made against MB at any of the prior public hearings, and will then 7 describe the steps taken to make sure that such problems, if they were ever attributable 8 to MB at all, do not continue as any type of legitimate problem for the surrounding 9 neighborhood. 10 I 11 DISTURBANCES IN SURROUNDING ESTACIA COURT 12 NEIGHBORHOOD ASSERTED TO BE CAUSED BY MB 13 PATRONS 14 15 16. The bulk of the complaints of asserted patron misconduct have come from 16 neighbors residing to the west of MB, along Estacia Court and the cul de sac on Pasito 17 which branches out from Estacia Court, and involve allegations of conduct occurring 18 prior to the City Council Meeting of February 2, 2005. They consist of assertions that 19 MB patrons parked their cars on Estacia and/or Pasito, and that some such patrons 20 engaged in noisy behavior, drinking, public sex, urination, and/or vomiting. After first 21 hearing of these asserted problems at the time of the February 2, 2005 City Council 22 meeting, we took numerous and immediate steps to make sure that MB's patrons would 23 not cause disturbance to its neighbors. However, before I describe the many steps MB 24 has taken to insure that no MB patrons will cause such disturbance in the neighborhood, 25 I wish to first describe why I believe that none of these reports describe conduct by 26 individuals that were necessarily patrons of MB, and that it is possible, if not likely, that 27 the majority of these alleged incidents, did not in fact involve MB patrons. 28 PRG6485. UP 5 . 1 2 A. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRG6485.WP . . Basis For Disputing Asserted Complaints. Who Were The Persons Assertedly Causing The Problems? a. First, the overwhelming majority of the complaints of asserted MB patrons previously causing disturbances in the surrounding neighborhood came from the neighbors to the west of MB on Estacia Court or on Pasito, the first cuI de sac off Estacia west of Ramona A venue. For clarity and simplicity, I will refer , '. to this area as the "Estacia Neighborhood" and its residents as the "Estacia, Neighbors." Basically, even the closest portion of the Estacia Neighborhood is approximately 800 feet away from MB. b. Second, to the best of my knowledge, none of the complaining Estacia Neighbors ever stated' that they ever personally observed any of the misbehaving individuals exiting MB before walking to their neighborhood, in some cases more than 1,000 feet away. Instead, they merely assumed that the individuals they observed came from MB. c. Third, there is a large apartment complex to the immediate north of MB, the "Rancho Villa" apartments, and it extends substantially to the west of MB, going all the way to Ramona Avenue. (In contrast, the edge of MB nearest to Ramona is approximately 700 feet away from Ramona). In short, apartments in this complex are far closer to the Estacia Neighbors than is the entrance to MB. d. Fourth, I have hired investigators to observe the parking patterns in the Estacia Neighborhood and they have observed that it is a very common practice for guests of the Rancho Villa apartments to park in the Estacia Neighborhood, as there apparently isn't enough parking for guests on the premises of that complex itself. I am informed that, on average, 6-7 cars belonging to persons going to the Rancho Villa apartments park in the Estacia Neighborhood per night. It is certainly possible that some of the problems previously reported may well have been attributable to those persons spending the evening at the Rancho Villa apartments. 6 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PRG6485.11P e. Fifth, there is also a liquor store (Ramona Liquor) right on Ramona Avenue, directly west of Margarita Beach. To the extent one or more neighbors asserted that they observed persons in their neighborhood "drinking:' it is far 'more likely that such persons had been patrons of Ramona Liquor than of ME as ME does not aIlow patrons to take any alcohol outside. Also, our investigators !:lave observed outside drinking in the Estacia Neighborhood by persons who are <, residents of that neighborhood. This is consistent with police records which indicate far more acts of public drinking in the Estacia Neighborhood by its own residents than by any non-residents who may have parked there. f. FinaIly, ME investigators I hired recently reported the result of their three-week observations of the non-resident persons parking in the Estacia-Court neighborhood and have reported that many of those persons have informed them that they are on their way to Gilberto's and Twins, two large bars which are actually to the east of ME! Moreover, in the entire time these investigators were there, they reported only 3 or 4 cars bearing persons attempting to go to ME, and they were all turned back by ME's security guards. g. For each of these reasons it is clear to me that to the extent the events in the Estacia Neighborhood described by neighbors prior to February 2, 2005 actuaIly occurred, there is no way to determine how much of it, if any, may have been attributable to patrons of ME. B. The Extent of The Problems Was Greatly Exaggerated 17. Based on what I learned at the City Council hearing on February 2, 2005, I assume that there may have been isolated disturbances in the Estacia Neighborhood prior to that time and that patrons of ME, along with patrons of Twins, Gilberto's, Ramona Liquor, Ken's, Satsuma, and guests of the Rancho Villa apartment complex may all have been potential contributors to that. However, I also believe, based on my subsequent investigation, that the claims heard at this Council's February 2nd meeting, were undoubtedly significantly exaggerated. My basis for this belief is as follows: 7 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PRG6485.WP a. First, none of the neighbors' statements was given under oath nor subjected to any type of close questioning or cross examination, nor provided exact times and dates of the asserted occurrences. b. To the extent the Estacia Neighbors reported public drinking and various drunken acts (e.g., sex, urination, vomiting), MB does not sell any alcoholic beverages in a form where they can be consumed outside the doors of MB. However, as I mentioned above, there is a liquor store on the western edge of the mini-mall in which ME is located, and it is far more likely that any persons who were drinking in public would have been patrons of that liquor store, rather than patrons of MB. c. There has been a campaign spearheaded by one of the Estacia Neighbors (Mr. Ed Sanchez) to coordinate his neighbors into making all possible complaints against ME. For example, I am informed and believe, and on that basis allege, that it was Ed Sanchez who organized the Estacia Neighbors to go together to the City Council on February 2, 2005 to complain about MB. Subsequently, he distributed flyers to advertise meetings he would hold to drum up neighborhood opposition to MB, and to coordinate speeches and complaints from neighbors. It is my belief that many neighbors had attended such meetings, been informed that certain acts had occurred, and then, when pressed, simply assumed that the problems they'd heard of were caused by patrons of MB, even though they had no direct proof of where the individuals had come from or were going to. Mr. Sanchez also distributed flyers urging neighbors to attend one of the Planning Commission meetings and to be "Goin in with guns Blazin." d. I have subsequently spoken with many neighbors of the main complaining Estacia Neighbors (Le., neighbors of Mr. Sanchez, Ms. Scimone and Mr, Olson), and they have informed me that they didn't see or hear the acts complained of and doubted that they had in fact occurred. One such neighbor is a Riverside County Sheriff, Jason Slover. Officer Slover sent me a letter, a copy 8 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PRG6485.11P , of which I attach hereto as Exhibit C, which indicates that he sleeps with his windows open and was "never awakened or kept awake by excessive noise coming from Margarita Beach." He also indicated that he was aware that some of the disturbances that had been blamed on MB actually came from a house on Pasito which "is home to some teenagers that have had several parties and incidents which have been blamed on Margarita Beach." He went on to indicate <, that "[i]n one case a party-goer [at that same house] who was very intoxicated, tried to enter another home, on Estacia Court, thinking they were entering the above house on Pasito." It is my understanding that this is the break-in that Ms. Scimone attributed, erroneously, to a patron of MB. lB. Ameliorative Steps Taken. After hearing of the complaints of the neighbors regarding disturbances by persons parked in their neighborhoods whom they believed (even if erroneously) to be MB patrons, I have taken definitive steps to insure that if any of these problems were ever caused in the past by any MB patrons, they will not recur. These include the following: a. At least one uniformed security person is continually present during our entertainment hours (which run from 9 p.m. until 2 a.m.) in the parking area located in front of MB to control parking and monitor crowd behavior. b. When 75% of the parking lot is full, the number of uniformed security personnel will be increased to two persons patrolling the parking lot and one additional person is then stationed on our shopping center's property but across the street from the Ramona Ave. entrance to Estacia Court with instructions to direct MB patrons not to park within residential areas. This vantage point allows that particular person to continually monitor parking on both Estacia and Pasito, Specifically, following the complaints of February 2nd, I decided that I should have just one security official assigned to this task rather than a weekly rotation of persons assigned to this task. The reason for this is so that our security person will gain a familiarity with the cars belonging to the residents of 9 . . . 1 Pasito. Then, if he sees any cars he doesn't recognize entering Pasito from Estacia, 2 his instructions are to walk down to Pasito and monitor the activities of the 3 persons who arrived in that vehicle, and take appropriate action; if they appear 4 to be walking towards Estacia, his instructions are to confront them and inform 5 them that they may not enter MB if that is their destination. Also, regardless of 6 their destination, if they are either littering or acting in any way to disturb the 7 peace of the neighborhood, his instructions are to confront them and warn them 8 that he will call the police to deal with them. He is likewise instructed to 9 similarly confront any strangers observed to be parking on Estacia. 10 c. Once our entertainment starts (at 9 p.m.) entry is denied to anyone 11 who is walking to MB from the Estacia Neighborhood, rather than arriving by 12 automobile and parking in our lot. 13, d; No patrons are directed to park at either Southwest Commercial 14 Center or at the gas station at the NW comer of Ramona and Foothill, and entry 15 to MB is denied to anyone who parks on either of those premises. (This gas 16 station is shown as item # 10 on the accompanying aerial photo, Exhibit A; the 17 Southwest Commercial Center is directly south of the gas station on the south 18 side of Foothill.) 19 e. We maintain logs listing all actions taken by the above uniformed 20 security personnel and make such logs available to city staff upon request. 21 f. To free up space for patron parking in our main lot, our employees 22 use only the shopping center's north (back) lot for their cars, and we do not direct 23 any patrons to park there. 24 g. At least three times a night (usually at 6 pm, 9 pm and 2 am) our 25 personnel now routinely go up Estacia and Pasito to pick up all litter that might 26 be left there by anyone. 27 19. The above proactive steps have been extremely effective in insuring that 28 no MB patrons enter the surrounding areas, let alone cause any problems there. They PRG648S.WP 10 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PRG648S.WP have also deterred potential problems that might otherwise have occurred caused by persons having nothing to do with MB. Again, this is because our "Estacia/Pasito" guard now routinely approaches any cars in the Estacia Neighborhood whose occupants appear to be a potential source of either litter or disturbance. Consequently, virtually every neighbor I have spoken with in the Estacia Neighborhood has indicated that essentially all the problems previously complained of in that neighborhood disappeared , , following the steps taken in response to the February 2nd City Council meeting. Indeed, I have received laudatory letters from two Estacia Neighborhood residents who told me that they were very happy with the steps we took and that they feel much safer in their neighborhood and/or that they have noticed no problems in the neighborhood since we took these steps. Copies of those two letters are attached hereto as Exhibits C and D. II SOUNDS ASSERTEDL Y COMING FROM WITHIN MB ASSERTEDLY CAUSING DISTURBANCE TO NEIGHBORS 20. At various hearings one or more neighbors has claimed that noise assertedly associated with the operation of Margarita Beach has interfered with neighbors' quiet enjoyment of their property. These complaints are of two types. The first is with respect to noise assertedly originating from within MB itself, either heard to the north or to the south. The second is with respect to noise assertedly made by MB patrons in MB's back parking lot immediately north of the MB building. (I will discuss the latter issue more thoroughly under Point III, below, entitled "Disturbances To Mosher Residence At Back Of MB Premises Asserted To Be Caused By MB Patrons") a. Noise Assertedly Coming Out The Front Door From Within The MB Premises. Pat Stevens, residing at the Pines Mobile Home Park located at 9999 Foothill Boulevard #137, Rancho Cucamonga, California 91730 (directly 11 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PRG6485.WP across the street from MB on the south side of Foothill), filed a noise complaint with the City at or around the time of the opening of the Business in 1996 or 1997. As a result of Ms. Stevens' complaint, a sound engineering test was performed in 1997 and MB was found to be in complete compliance with the 65dB maximum ,noise level established by its CUP. Ms. Stevens nonetheless continued to complain about the noise level after the test was performed. b. Noise Assertedly Audible to Pines Mobile Home Park Coming From Parking Lot and Front Entrance Area. To prevent the possibility of any patron-generated disturbances in our main south lot that might be audible to those in the Pines Mobile Home Park on the south side of Foothill Blvd, I have increased the security in our front lot (as mentioned above) and have instructed Management to carefully monitor the front parking lot and entrance area to insure that these areas, do not become a potential source of noise disturbances. c. Noise From Open Back Door There is a row of supplementary parking spots running east to west behind (Le. to the north of) the shopping center in which MB occupies two units. MB has two back doors which open onto the shopping center's supplemental parking area (which we just call the "back lot"). Inunediately north of that supplemental parking area is a sound wall (which varies in height from 10 1/2 to 15 feet), and behind it are the stand-alone garages of the Rancho Villa Apartment Complex, Behind that is a driveway approximately 30 feet wide, and then, behind that are the actual apartment units, Behind the far eastern edge of that sound wall is the Mosher residence. To the extent Mr. Mosher has asserted that the sounds from within MB have disturbed him, I describe that asserted problem and its solution extensively below in point III. However, I do not recall having ever received any complaint of any type from any residents of the Rancho Villa apartment complex and certainly no complaints from such persons regarding any sounds originating from within MB. Moreover, to ensure that no such problems can happen prospectively, recent steps 12 . 1 2 3 4 5 '6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PRG6485.11P , are described in Point III below which will prevent any possibility that any sounds coming from within MB will ever be audible to these residents, much less, cause any disturbance to them. m DISTURBANCES TO MOSHER RESIDENCE AT BACK OF MB PREMISES ASSERTED TO BE CAUSED BY MB OR ITS PATRONS 21. There is one single family residence to the north and east of Margarita Beach (the Mosher residence), whose occupants have only recently (commencing with the June 22nd Planning Commission hearing) mentioned that they have been disturbed by activities they believe attributable to MB patrons or to MB itself. (The Mosher residence is clearly designated on an aerial map of our neighborhood which I have supplied as Exhibit A to this Declaration.) 22. For the most part, I believe that Mr. Mosher's complaints are dubious at best. He first appeared at the June 22 Planning Commission hearing and complained of noise from MB. He stated that he had called the police 6 times in the last two months and had twice called me. I have never been contacted by Mr. Mosher nOT has any of my staff. There is no chance that a complaint of this importance would not get forwarded to me twice. Mr. Mosher offered no details as to whom he spoke with or what the conversation was about. 23. Mr. Mosher also stated at the June 22nd meeting that he could prove his calls through his cell phone records. After that meeting, I have been informed that both Sgt. Paul Morrison and Capt. Ortiz attempted to contact Mr. Mosher. They have gone to his house, spoke with his wife, left messages and he has never returned their messages. Also, the Police department is required to respond to all calls. If there were 6 complaints that would be 6 times I would have been contacted by the Police. I have never been contacted by the Police regarding any complaints regarding the rear of our " 13 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PRG6485.11P building. For these reasons, and others given below, I absolutely do not believe he I made these contacts. 24. Mr. Mosher voiced several complaints regarding the back of the ME property, ranging from hearing loud music, people singing, public urination, voices and cars racing. He states that, as a result of this, he is often unable to sleep at night. To the extent some or all of the events he described happened at all, it is not at all clear, at least to me, whether they primarily involved any patrons of ME, as distinct from patrons of Gilberto's bar or of Ken's restaurant (both of which are immediately south of the Mosher's) or of Twins' Bar, the large overflow parking lot of which is identified as # 9 on the accompanying aerial photo (Exhibit A hereto), and which is audibly well within range of the Mosher residence. Also, there is no solid wall between the Mosher residence and that parking lot, let alone a 10' sound wall. 25. However, we have now implemented a number of effective measures to reduce the possibility of any disturbances in the back of the ME building and to eliminate the possibility that any disturbances in the back of OUI shopping center will hereafter be even arguably attributable to any ME patrons: 26. First, as noted above, although we have our employees park in the shopping center's back lot, we do not direct any of our patrons to park there. This not only significantly reduces the chance that there will be any potential noise caused by the racing of car engines by MB patrons in the back, but also reduces the possibility of any noises or other disturbances that might otherwise be made by MB patrons. 27. Second, we employ nearly 40 people with about 30 people working on the busy nights. OUr employees have been instructed to quietly take up all the parking spaces on that lot nearest the Mosher house. By doing this it makes it physically impossible for anyone else to park in that lot anywhere near his home.3 3 Obviously, since the back lot belongs to the shopping center and not to ME, ME cannot prevent the shopping center's other patrons from parkin~ there. However, by occupying all the parking spaces nearest to tile Mosher house, MB s employees minimize the chance that tIlere will be any disturbance of the Moshers. ^ 14 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 28. Third, the only other potential noise source from the back of MB would be if either of the two back doors were left open (thereby allowing sound from within MB to be heard outside) or if patrons would be allowed to go out either of those two emergency exits (thereby allowing them to make their own potentially disturbing noise). We have taken significant steps to prevent these possibilities as well. 29. For example, during our peak entertainment hours (i.e., whenever we have '. approximately 100 or more patrons inside MB) we have separate security guards posted, inside each of the two back emergency exits for the purpose of ensuring that no patrons use those emergency exit doors.4 30. Following Mr. Mosher's complaints that he observed two patrons singing in the open doorway of one of those back exits on June 22nd, we have taken steps to insure that if such a breach occurred, it will not recur. Specifically, we held a meeting with all our staff, and our security personnel have now been very clearly instructed to keep those doors closed at all times. We had found that some of them had briefly opened the back doors in order to check the back driveway area for any patrons. They 16 didn't realize that by opening the door in order to go out to check the back lot, they may 17 have created part of the problem they were hired to solve. To further insure that our 18 security personnel will no longer be using either of those back doors, I now have had 19 signs installed on each back door reminding our personnel that the back doors are not 20 to be opened for any non-emergency reason at any time. The signs say "Do Not Open 21 Except In Emergency." We currently have temporary signs in place to this effect and 22 permanent signs with the same wording are on order. 23 31. Finally, I add the following with respect to my observations regarding the 24 likely source of most of the disturbances Mr. Mosher was reporting. Specifically, there 25 is a sound wall ranging from 10 1/2 to 15 feet high that separates Mr. Mosher's house 26 and our business center as well as large trees and foliage serving as a further sound . 27 28 4 Even during non-peak hours, we always have at least one interior security person monitoring those doors. PRG6485.1lP 15 . . . PRG648S.11P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 barrier between his home and MB. Mr. Mosher's home is not visible from our property line and sets back quite some distance from the sound wall. Mr. Mosher's house is not directly behind us, but somewhat to the north-east of us, east of the apartment complex. 32. In fact prior to Mr. Mosher's complaint on June 22nd, I had no idea there was even a house there. Since Mr. Mosher's complaints, I regularly inspect the rear alley area, and in the comer area of our center's north parking lot nearest his house, one can clearly hear the sound of crickets. However, one can hear all of the noise issues Mr. Mosher complains of: e.g., music, cars, loud talking and horns. They come from Gilberta's. Gilberta's bar is on the eastern half of an adjacent lot immediately east of our business center and it is likewise on the north side of Foothill. Its parking lot is separated from our parking' lot by a north-ta-south running concrete wall and it shares a common wall (running east to west) with Mr. Mosher. Unlike our 10-15 foot sound wall, the wall separating the Moshers' property from Gilberto's is only a small open- slatted wood fence that clearly has no effect on sound. In short, unlike the situation with MB, there is absolutely no sonic barrier between the Mosher residence and either the Gilberto's parking lot or Gilberta's front door. 33. This is highly significant as Gilberto's rarely closes its front door and anyone outside can clearly hear the loud juke box music coming from inside its premises. Further, people often stand outside Gilberta's front door (which is on the north side of its west-facing wall, the side closest to the Mosher residence), smoking, talking and laughing. The parking lot is also very large with plenty of room to race cars. Whenever Gilberta's front door opens, a very loud sound emanates from within and is readily audible specifically at the Mosher residence. I know this because I have stood at the Mosher property line and listened to the sound whenever the Gilberto's main door opens. In contrast, the Mosher residence is behind our building and off to the side, .and also separated from it by a 10-15 foot sound wall. 34. Having personally gone to the Mosher property to listen, it is obvious to me, and would be obvious to anyone that stands near Mr. Mosher's house, that the 16 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PRG6485.WP overwhelming majority of the very types of noise the Moshers are complaining of is coming from Gilberto's, not MB. This makes it very difficult for me to understand how Mr. Mosher can say that he has called the police several times due to MB and yet he has never previously even acknowledged Gilberto's as a possible source. 35. Additionally, we hired two independent, ABC certified, former vice police officers and current investigators to give us their opinion of Mr. Mosher's claims. Both '. investigators stated that they saw and heard virtually no evidence of Mr. Mosher's claims at any time during the 10 days they conducted surveillance of our property. Both investigators have submitted video evidence confirming Gilberto's as the source of complaints and verifying only the sounds of crickets coming from our property. 36. They did however, make some recommendations. While no sound from MB was audible at Mr. Mosher's house, some very low level amount of sound was audible from directly in front of our rear doors, They suggested installing additional sound proofing. Consequently, we recently filled the two back metal doors with insulation and added an additional 3/4 inch of sound board and replaced the weather stripping. This has essentially eliminated even this very low level of sound. 37. As further evidence that Mr. Mosher's complaints of our business are not valid we hired a sound engineer to measure sound levels near his home, MB and Gilberto's. The sound engineer's report will confirm our position that the noise that Mr. Mosher hears is from Gilberto's, not MB.5 This expert, Mr. Newson, will separately provide his own written statement to the Council. 38. Although, Mr. Mosher never contacted me, nonetheless, I would be pleased to meet with Mr. and Mrs. Mosher either alone or with City Staff, and would appreciate any prompt feedback they could provide me should our numerous proactive steps not be effective in preventing any MB-generated disturbances. 5 The sound engineer, Mr. Newson, conducted sound tests on October 20, 2005, and on October 22, 2005. 17 . . . PRG6485. WP 1 2 3 4 IV ANY OTHER MISCELLANEOUS ASSERTED PROBLEMS 39. Security Guards Shining Flashlights in Windows. I had heard a 5 complaint that one of our Estacia Neighborhood security guards had shined his 6 flashlight into a residence. I am certain that if this occurred at all, it was unintentional. 7 I have since discussed this with our security staff to insure that regardless of whether 8 it happened even once in the past, it will not happen prospectively. However, I have 9 received from the Estacia Neighbors nearly unanimous feedback that our security 10 measures have improved their neighborhood significantly, and that they are highly 11 desirous that we keep it in place. 12 40. Asserted Admis!,ion of Nude or Nearly Nude Women I have instructed 13 Management to strictly enforce the posted rules regarding appropriate dress and conduct 14 while on MB premises. Moreover, MB has never operated as an adult cabaret business 15 as that term is used in the City's zoning code, because in order to qualify as such a 16 business under the municipal code, one must regularly present entertainment featuring 17 the exposure of specified anatomical areas,6 We do not present any live entertainment 18 whatsoever, much less adult live entertainment. Neither do we admit or solicit patrons 19 exposing any anatomical areas specified in the municipal code. Though this issue was 2~ raised at the June 22, 2005 Planning Commission hearing, the explanations we 21 subsequently provided to staff seem to have convinced the Planning Commission that 22 this would not have been a valid basis for any finding of a violation of the municipal 23 code. Neither resolution 05-50 nor 05-51 made any finding of fact that MB had at any 24 25 26 27 28 6 RCMC S 17.04.090B-5-f defines an "adult cabaret" as "a nightclub, bar, restaurant or similar establishment durin~ which a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons." Absolutely no evidence was presented which might remotely meet this statutory definition. 18 . 1 point whatsoever operated as an adult cabaret as defined in the Municipal Code.7 2 Consequently, since the Planning Commission itself made no such finding, I will not say 3 4 5 6 7 8 9 10 11 12 13 anything more in defending ME against such clearly erroneous charges. I do want to make clear however that we have never presented any nude or other sexually oriented entertainment. Nearby competitors have featured wet t-shirt contests; we do not and never have. " 41. Advertising of Asserted Sexually Oriented Activities I have discontinued, use of the ieparty.com website and have instructed Management to comply with all applicable laws and ordinances regarding advertising. 42. Patron Smoking The only violation of law found by the Planning Commission involved one citation for a smoking violation, which was the first and only such citation to MB. I was not present at the time of the violation. The citation was mailed to my home. Ultimately, I pled guilty and paid a three hundred dollar fine. . 14 Immediately thereafter, I was contacted by Code Enforcement and asked how I intended 15 to comply with the law in the future. I stated that I would not only comply with the 16 law, I would do more than the law asked. Whereas the law only required me to post 17 two non-smoking signs and ask people that were smoking not to smoke, I stated that 18 I would post individual signs on every table, that I would have every person that 19 entered sign a statement that they were asked not to smoke inside and that I would have 20 security personnel remove all violators of this law. The Code enforcement officer then 21 asked me to remove all ashtrays. I responded that I did not wish to do that due to the 22 fact that the ash trays serve as trash receptacles primarily for gum and trash. Gum 23 would be placed on the floor if there were no ashtrays. Upon ending this conversation 24 I immediately called Captain Ortiz and discussed the ashtray issue with him. During . 25 26 27 28 PRG6485.11P this conversation I agreed to remove all ashtrays immediately. He stated he would contact Code Enforcement and make them aware of my decision. The period of time 7 While the July 13th staff report drew' that conclusion, the Planning Commission did not make an}' such finding, obviously after carefully reviewing the provisions of the municipal code defining adult cabarets. 19 . . . 1 that elapsed between these conversations was less than thirty minutes. Nonetheless, 2 staff has repeatedly faulted me for refusing to cooperate and remove the ashtrays. 3 43. Cigarette Butts Assertedly Left in Neighboring Streets By Security 4 Guards. There was a complaint that on just one occasion one of our security guards 5 who was then assigned to the street area directly in front of the house at the SW comer 6 of Ramona and Estacia Court, had left cigarette butts and sunflower seeds in the street 7 in front of that house. He was severely reprimanded and re-assigned away from that 8 location. I have heard of no further such complaints since. 9 44. Asserted Break-in At Home of Vicki Scimone By an Intoxicated Man. 10 Vicki Scimone is one of the three primary Estacia Neighbors opposing MB. She resides 11 at 8016 Pasito Avenue, Rancho Cucamonga, California 91730. At a prior hearing, she 12 said that an intoxicated man broke into her home, and that he was a patron of MB. This 13 is categorically untrue. I received a subsequent communication from a neighbor of 14 Ms. Scimone, a Riverside deputy Sheriff named Officer Jason Slover, who resided at 9837 15 Estacia Court, Rancho Cucamonga, California 91730. He personally stated to me that "he 16 has no problems in the last three years" and further stated to me that the incident 17 involving Vicki Scimone, residing at 8016 Pasito A venue, Rancho Cucamonga, California 18 91730, in which she claimed that an intoxicated man broke into her home, was not 19 related to a Margarita Beach patron. Officer Slover personally stated to me that the 20 intoxicated man who broke into Ms. Scimone's home was attending a party at a 21 neighbor's house and later became disoriented due to being intoxicated, with the result 22 being that he attempted to enter the wrong house. Officer Slover also personally stated 23 to me that "the residents are aware that the incident is not related to Margarita Beach." 24 A copy of a confirming letter which officer Slover sent to me is attached hereto as 25 Exhibit C. 26 27 28 PRG6485.WP 20 . 1 2 3 4 5 6 " 7 45. In January of this year Capt. Pete Ortiz contacted me and told me that Ed 8' Sanchez was very angry because someone had written graffiti on his work trailer, and 9 he assumed for some reason it was a patron of MB, and that he was going to go to the 10 City Council meeting and complain vigorously, 11 46. Three years earlier, Ed had complained about noise coming from persons 12 parking in the gas station behind his house (the gas station is at the NW comer of 13 Ramona and Foothill - he lives on Estacia just behind that gas station). We cured that 14 problem at the time and he has not mentioned it since. (He also complained about 15 excessive parking and litter on his street on Tuesdays. It was determined that the excess 16 parking and litter were from people attending a Bible study meeting held at the Rancho 17 Villa apartments near his home, and not the result of MB.) 18 47. In that same meeting three years ago, it was also agreed that we would 19 station security personnel in our lot to turn away anyone that walked from the Estacia 20 Neighborhood to MB. In hindsight the only problem with this agreement was that it 21 allowed people to park in the neighborhood unchecked. They would not be monitored 22 or told they could not park in the neighborhood until after they had left their car and 23 walked onto the MB parking lot. (In contrast, now our security officer literally works 24 in the neighborhood and stops potential problems even before they start.) What was 25 also not discussed in that meeting was any problems on Pasito. (As a result, it was not 26 until three years later, at the time of the February 2nd City Council meeting this year, 27 that I ever learned that such problems existed.) During the next three years I and my 28 V FACTS AND RELEVANT BACKGROUND INFORMA nON REGARDING THE HISTORY OF HOW THESE ISSUES WERE RAISED AND PROCEDURALLY ADDRESSED BELOW . . PRG6485.WP 21 . . . PRG6485. WP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 management team routinely checked Estacia and Ramona for problems. They were minima!. 48. In that meeting three years ago, we also agreed to place a few traffic cones on Ramona in front of the red curb to prevent parking near the house of Mr. Rodney Trunnel which, as mentioned above, is the first house located right on the southwest comer of Ramona and Estacia (at 9889 Estacia Court). It was further agreed that if there were any further problems Ed would let us know and we would come up with additional measures to solve the problem. Ed never called back to report any such problems. 49. In any event, having heard that Ed was going to appear in front of the City Council to complain about MB, I decided to appear and speak first. I told the Council (at its hearing of February 2, 2005) that I had not heard a single compiaint from Ed or any other neighbor in almost three years and I thought that this was not the way for neighbors to resolve their problems. After I spoke, over a dozen neighbors, one after another, slammed me personally and my business for wreaking havoc in their neighborhood. The Mayor then refused to allow me to respond, said he was ashamed of me and that he would close my business today if he could. I left the meeting embarrassed, humiliated, and wondering how all this could have happened without my knowledge. 50. I have always taken a great deal of pride in running my business, my pride sometimes bordering on arrogance. I wondered if maybe my time had passed me by and I was in fact a poor operator. 51. I immediately made changes to our security (already described above) and also began to personally inspect the neighborhood several times per day. In my inspections I did not see any evidence of the issues the neighbors complained about. After 3 weeks I wrote a letter to all of the neighbors and hand delivered each one. I described the changes we made, and gave them my home and cell phone numbers. I asked them what their experiences were and for any recommendations as to what 22 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PRG6485.11P I could do to improve anything, To my surprise the majority of the neighbors stated they had never experienced any problems with customers from my business. I found that the majority of the problems were centered around the Pasito cul-de-sac. In hindsight I do believe that many of the complaints that were made did in fact occur on Pasito. Since I never had a complaint in 9 years, I never thought to check out a street that far away from my business. For example, Vicki Scimone's house is approximately <, 1,050 feet from MB. While Pasito is far away from my business it is the closest place to park for privacy from heavily travelled Foothill Blvd. 52, Most of the neighbors thanked me for the additional new attention we gave to their neighborhood, including Pasito, and said they would call if there was a problem. As of today I have never received a single call from any neighbor. 53. While I was canvassing the neighborhood I spoke again to Ed Sanchez on his front lawn. Ed stated "that he had not had any problems recently but that was not the issue any longer". He further stated that he objected to my "TYPE of business" in his neighborhood and that if I "was still in business this summer he had failed". 54. After that, I went to the March 9th Planning Commission meeting feeling that we had resolved all the complaints in the neighborhood. I was surprised to hear that some of the Estacia Neighbors continued to mention pre-2005 incidents, even though we'd already effectively solved all their problems. However, at this meeting I was even more surprised to find that the neighborhood complaints no longer seemed to be the main issue; the new problem asserted for the first time at this meeting was that there were apparently 412 calls for service by the police department somehow related to my establishment over a three year period running from January 2002 through February 2005. Based on this, the Planning Commission then voted unanimously to hold a hearing to determine if my permits should be modified. 55. Once again I was shell-shocked by the verbal barrage from the neighbors and the apparent evidence of approximately 134 calls for service per year. I went to work to find out how I could have this many calls for service and not be aware of them. 23 . . . 1 56. I then spent 4 hours in a basement below the police department with 2 Sergeant Paul Morrison. During this time he reviewed every call for service in the last 3 three years for my business. What I found out was that numbers and statistics can be 4 very misleading. I discovered that of the 412 calls for service, 210 (over half) were 5 officer-initiated, with most of those attributable to mere drive-by bar checks. For 6 example, it was a relatively common occurrence that an officer would drive down 7 Foothill Blvd. and pull into our parking lot just to make a routine "bar check" (i.e., not 8 one based on any prior complaint or observation of any unusual activity) and the officer 9 would then log his or her activity of having made such a bar-check. The logging of this 10 "bar-check" is recorded as a "call for service" counted in the reported 412 "calls for 11 service" mentioned to the Planning Commission. 12 57. Of the remaining 202 calls over this three year period, over 60 of them 13 were for lost cell phones. This is because phone companies require a police report 14 before replacing the phone. There were zero reports of any serious criminal activity in 15 the last three years, i.e., no reports of any drug crimes, rape, prostitution, assaults with 16 a deadly weapon, etc., nor even of any public lewd conduct. 17 58. The most significant things though are: (1) even during this three year 18 period, the frequency and severity of calls for service related to MB were comparable 19 to that of many surrounding bars, and particularly so when comparing the sizes of MB 20 and these surrounding bars and the average number of patrons (e.g., MB had no more 21 calls for service than Twins, which is only open four days a week - compared to seven 22 for MB - and which has far fewer patrons per week than does MB); and (2) since the 23 February 2nd City Council meeting first put me on notice of any potential problems, we 24 have implemented measures resulting in a drastic reduction in calls for service, and, 25 basically, have received very favorable reviews from the Rancho Cucamonga Police 26 Department. I have attached hereto as Exhibit E each of the two subsequent Police 27 Department Interoffice Memos reflecting the calls for service: first from February 2, 2005 28 through March 21, 2005; and second from March 22, 2005 through June 7, 2005. PRG6485.11P 24 . . . 1 ,59. What I also discovered while reviewing calls for service at the Police 2 Department with Sergeant Paul Morrison, was that in the last 3 years there was not a ' 3 single police call for service inititlted by or related to the Estacitl Neighbors that was directly 4 connected to an MB customer. Of the over 100 calls for service in the Estacia 5 Neighborhood, the vast majority of them were directly attributed to their own neighbors. 6 There were only 6 or 7 incidents that even might have been attributed to an MB " 7 customer, but zero police reports were filed actually so finding. 8 60. Upon seeing all this evidence I began to think the neighbors had an agenda 9 that did not include fixing the problems but did include putting me out of business. 10 61. Since viewing this record of police calls (just after the March 9th Planning 11 Commission hearing) we have met with the police department on a monthly basis. The 12 result of these meetings has been substantiaL There has been over an 80% reduction in 13 calls for service and reports, As Commissioner Stewart noted at the Planning 14 Commission hearing o( June 22, 2005, "the reduction is significant and shows the 15 business is going in the right direction". 16 62. As part of the hearing process, planning staff organized a meeting (which, 17 to the best of my recollection, was in May of this year) with the neighbors, myself and 18 the police department which took place at City Hall. The meeting appeared to be more 19 a venting opportunity for the neighbors. At the conclusion of the meeting it was' 20 determined that the neighbors would get together to decide what they thought was a 21 fair solution and would then meet with me again to tell me what they proposed. 22 However, instead, they bypassed meeting with me and unilaterally sent planning staff 23 their own letter outlining what restrictions they would like imposed on MB, with no 24 concern for whether they were reasonable, realistic, or necessary. Their 25 recommendations included that I not be allowed to advertise on the radio or the 26 internet, that I not be allowed to do any promotions or drink specials, and they would 27 require three security guards at each driveway! I was astounded that anyone would 28 even think to request such conditions that were obviously illegaL PRG6485.WP 25 . 1 2 3 63. During the review process with the Planning staff, we enacted all of their then-proposed conditions prior to the June 22nd hearing, and we have routinely enforced them since that time. We believe that the June 22nd staff report was fair, 4 balanced and an effective way to deal with all of the parties' concerns. 5 64. Heading into the June 22nd Planning Commission meeting, armed with a 6 very positive staff report, a positive police report and the admission by the neighbors 7 that there had been no incidents in the neighborhood, I once again felt very confident 8 we would prevail. 9 65. However, having done everything asked of us at the March 9th hearing, 10 at the time of the June 22nd Planning Commission hearing, we were once again assailed 11 with previously undisclosed charges. Specifically, during this hearing the neighbors' 12 expressed concern again switched, this time to "morals." The neighbors submitted letters 13 showing our flyers and specials, questioning the morality of our type of business, and 14 describing Has a business which sells "cheap liquor to our youths". (Ironically the 15 neighbors all spoke in support of the Ramona liquor store which openly displays and 16 sells XXX rated movies and sexually explicit magazines, They were told in a meeting 17 with Planning by Brad Buller "not to go there," that the city was not going to legislate 18 morality.) 19 66. They were also allowed to show pictures taken from multiple web sites 20 from various bars, and were allowed, without challenge or cross examination, to 21 erroneously represent that all the pictures had been taken at my MB location and then 22 to also describe these pictures inaccurately. There was not even an opportunity at the 23 hearing for me to look at the photos or to show them to others in MB's employ to get 24 a sense of whether they were in fact taken at MB. The assistant City Attorney gave an 25 opinion that he has since not restated and has not explained. He stated that we had 26 crossed the line and were now operating as an adult entertainment establishment.s The .' 27 28 B The significance of this is that, if true, our site would be illegally zoned as it is not in one of the areas in Rancho Cucamonga zoned for adult entertainment uses. . PRG64SS.WP 26 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PRG6485. lIP neighbors then went on a major offensive accusing Brad Buller, Planning Staff, Captain Ortiz and the police department of being biased towards me. In my opinion the Planning Commission succumbed to the pressure and ordered staff to come up with stricter conditions. However, they at least ordered staff to work with me to come up with these conditions, to "engage me in conversation". They specifically stated their desire to not condition - or put - me out of business. <, 67. Since I had never seen the pictures that were shown, I called the city the , very next day (which was Thursday, June 23rd) and requested copies of them, so we could determine which, if any, were actually taken at ME. Planning staffer Mike Diaz said I could pick them up on Monday since City Hall was closed on Friday. Upon picking up the pictures on Monday, I was told that I had until 4:00 pm on Tuesday (June 28th, the very next day) to file a response to the pictures if I wanted my response to the pictures included in the staff report for the next (July 13th) meeting. Even though that meeting was still some two weeks in the future, Mr. Digz told me that staff's July 13th report was already completed and ready for submission to the Planning staff. It was then clear to me that they intended to ignore the Commission's instruction to meet with me before preparing their staff report and recommendations. 68. I subsequently sent 4 emails (copies included herewith as Exhibit F) to staff, called twice and appeared in person, in hopes of having communications with staff that would be reflected in the staff's July 13th report. There was no response to any of my emails, my phone calls went unreturned, and when I appeared in person Mike Diaz told me he was to busy to talk to me. 69. In my emails I asked why the city was not involving me in the process; I offered a variety of solutions for staff to consider. Obviously staff had no interest in talking to me because the report had already been completed and Brad Buller had gone on vacation! 70, Having been blind-sided several times I now decided to make a thorough presentation at the next meeting. In order to be thorough, and fearing that we may' . . 27 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PRG6485.11P again be denied an adequate opportunity at the time of the hearing to present all our responses, my lawyer, Mr. Reiss, sent a letter to Mike Diaz on July 5, 2005 which was included in the materials to be considered by the Commission at its July 13th hearing. This letter cataloged and described each of the photos that had been submitted by the opposition at the time of the June 22nd hearing and explained why they were riot any competent evidence that MB was operating as an illegally zoned adult entertainment business. Since the Planning Commission did not find MB to be operating as an adult entertainment business, I am not sure whether that issue may even properly be considered in support of the challenged Resolutions which the Planning Commission enacted. However, if this "issue" is properly one the City Council may consider, I simply reference Mr. Reiss' letter to the Council so it can find it in the record and review it if it deems it relevant. Again, that information was submitted in advance of the hearing because our concern, based on our lack of an opportunity to review the evidence at the prior hearing, was that there may not be an adequate opportunity to get before the Planning Commission all our responses and defenses at the time of the July 13th hearing. As events developed, that concern proved prophetic. 71. At the conclusion of the June 22nd hearing, and after some considerable discussion, the Planning Commission voted that it would unqualifiedly reopen the hearing and adjourn it to July 13th, rather than reopening it and limiting it to new items only (as had been advocated by assistant City attorney Ennis). Consequently, we believed that at the time of the July 13th hearing, we would have a full opportunity to respond to the new charges made at the June 23rd meeting. Unfortunately, that did not happen. When the July 13th hearing commenced, Chairman Macias informed the Commission, contrary to the Commission's vote taken at the end of the June 22nd hearing, that the hearing would take place such that no one would be allowed to comment except to address the new conditions contained in staff's new July 13th report. The Commission then followed the Chairman's incorrect procedural summary, and enforced it strenuously against our witnesses. 28 . . . 1 72. I lined up a number of people to present evidence on our behalf. This 2 evidence was intended to demonstrate to them that there was no need for the conditions 3 recommended in staff's report of July 13th because the existing proactive steps had 4 effectively solved all problems. Pursuant to the Chairman's operative, but incorrect, 5 procedural ruling, my witnesses were repeatedly cut short by the Commission before 6 they could finish their presentations. Most significantly, one of my security guards, " 7 Ramie Aram, was cut short when he was right in the middle of attempting to explain 8 to the Commission all the ameliorative steps we had taken and their effect. I do not 9 know how the Commission could properly decide if new and more drastic conditions 10 were required without listening to all the evidence of what had happened since MB first 11 learned of the asserted problems back on February 2, 2005. 12 73. Some of my witnesses had intended to discuss other topics as well, such 13 as unequal enforcement,9 but they were too intimidated by repeatedly getting cut short 14 in their presentations, and much of that evidence was not submitted as a result. 15 Hopefully the City Council will provide a full opportunity for such presentations as they 16 are highly germane to the exercise of the Council's discretion in taking action on MB's 17 license. 18 74. During the July 13th hearing, the primary "issue" amazingly changed yet 19 once again, The adult entertainment allegations seemed to have been forgotten; now the 20 asserted "issue" was that we were never permitted to operate as a restaurant and bar 21 with entertainment. The staff report repeatedly stated that we were only permitted to 22 have "live entertainment incidental to the restaurant". They relied on this wording to 23 justify their proposed condition not allowing us to serve liquor after 11 PM. They 24 further used this phrase to justify requiring us to sell more food than liquor and to 25 26 27 28 9 I.e., that multiple other bars in Rancho Cucamonga were violating their permits but were not facing CUP enforcement-proceedings. For example, I am aware that topless women have frequently appearea at Twins competing in regularly scheduled contests they call their "$1,000 Hottest Girl Contest" and their "$500 Bikini Contest". I am also aware that various establishments in Rancho Cucamonga are providing entertainment without any permits whatsoever, and will discuss these in my oral remarks at the time of the City Council hearing. PRG6485.11P 29 . . . PRG6485.WP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 operate as primarily a restaurant only. Mr. Buller, upon my raising this issue during my speech, again stated staff's position that we were only permitted to have "incidental entertainment". I was shocked! I have read the two resolutions creating both my CUP and my entertainment permit word by word and nowhere in either of those resolutions , does the phrase "incidental entertainment" appear. In fact my permits specifically state that I am permitted to have "entertainment in CONJUNCTION WITH the bar and restaurant." Obviously anyone with a basic understanding of the English language or a dictionary understands that there is a huge difference between the meaning of the words "incidental to" and "in conjunction with". I have requested many times for staff to explain where they came up with the words "incidental entertainment". Finally, they answered me by stating that since I had retained two law firms they had been advised that they could not answer this question. I guess that means the answer may hurt them in court. 75. At the July 13 meeting I was the last to speak. After several meetings at which I had repeatedly been insulted, embarrassed, humiliated, and lied about, I was angry. As I began to speak, Commissioner Macias told me I was limited to 5 minutes to make my response. I informed Macias to "go ahead and arrest me now because I was going to respond to these allegations and I could not do so in 5 minutes". He said OK "I'll give you 10". I felt I gave a very strong argument as to why I was being "railroaded" by this process. I reminded the commissioners that they had told staff to involve me in the process. That they had told staff that "I had earned the right to be part of the process". The commissioners then chastised staff calling their own staff "negligent, and incompetent." Chairman Macias stated that he was a Planner in another city and these types of actions would not fly in this other city. 76. At this point I was convinced that the Commission would send this back to staff for further discussions, but something incredible then happened. Chairman Macias stated that he didn't believe any discussions would make a difference and that this was obviously going to go to the City Council. He then motioned to vote for the 30 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PRG648S .WP new staff-prepared resolutions and let the City Council resolve this. His actions and the actions of the Planning Commission put me in the position that I now must get a majority of the City Council to overturn their decision. Their passing of the buck in effect has now put the burden of proof onto me (as it requires a majority Council vote to overturn a Planning Commission decision). 77. Additionally since it has been agreed that Mayor Alexander will recuse <, himself due to a conflict of interest, I must now get 75% of the Council to vote in my , favor to overturn this decision. Brad Buller emaiIed me the day after the meeting and apologized for not including me in the process and said there was still time for discussions prior to the appeal. However, because of advice Brad Buller subsequently received from the city attorney, those discussions never occurred. 78. On August 31, 2005, at a meeting with Planning staff and a City Attorney, which my own attorney had requested, staff suggested that we meet with the neighbors one more time. I remained highly desirous of doing this and reaching a reasonable compromise solution. As a result" my attorney then sent each of the neighbors in the Estacia Neighborhood a very nice letter offering for us to meet with them, a copy of which I attach hereto as Exhibit G. However, the neighbors flatly rejected the meeting (sending me a letter specifically rejecting the Commission's suggestion that we all meet, a copy of which I attach hereto as Exhibit H). 79. Essentially, the neighbors relied on staff's faulty premise that MB was never authorized to operate except as a primary restaurant with incidental alcohol sales as an excuse to not attend our staff-requested meeting. They stated that since we were never permitted to operate in the first place there was no need to meet with us. 80. To date I have never had a meeting with any neighbor since, nor has any neighbor ever attempted to contact me about a complaint. 81. At the time that my attorney and I last appeared before the City Council (on September 21, 2005) requesting a continuance of the current hearing, I was very disturbed and troubled when I heard Estacia Neighbor Vicki Scimone tell the Council 31 . . . PRG6485.WP 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 that our system was not working because she said that she saw someone park in her 2 neighborhood and she followed them to MB and saw that they were allowed to enter. 3 82. After the meeting we spoke with Ms. Scimone and learned the details 4 about this event, and, having heard them, it does not appear that they evidence any 5 breakdown in the effectiveness of our neighborhood security system or cause for concern 6 whatsoever. Specifically, Ms. Scimone told us that the incident occurred at 7 approximately 8:30 p.m. on a Sunday night. This is a time of night when our parking 8 lot is generally nearly empty. The incident is bizarre in that there would appear to be 9 very little reason one would park on Pasito, over 1,000 feet away from MB if the front 10 parking lot at MB had an abundance of available parking spaces. The reported incident 11 was certainly an odd and isolated event and not one indicating the need for any further security measures. 83. Precisely because we have no significant parking issues until our entertainment begins (which always starts at 9:00 p.m.), our security measures don't start until 9;00 p.m., and there have been no disturbances ever reported occurring earlier than that which would suggest any need to review that starting time. Indeed, Ms. Scimone did not even hint that this individual she tracked had done anything other than merely , walk quietly from his car to the MB site.1o 84. At this point, I feel overwhelmed by a process that I feel has been horrendously unfair to me from start to finish. I've been a longtime business owner in this city and an even longer time resident. My business has never before been the subject of any disciplinary action by the City, or for that matter, the ABC. MB has bent over backwards to take every conceivable reasonable step to eliminate every problem 10 I subsequently learned from one of our managers, Jacob White, that the incident in question occurred on Sunday, September 18, 2005, at a time when there were only a total of 10 patrons in MB. White told me that an MB cook, Joshua Angle, approached him (White) to say that a neighbor had come to the front of MB and complamed that a customer hadJ'arked on her street. White then identified the customer ana insisted that he go out an re-park his car in the MB lot, which then in fact occurred. He also observed that there were, at that time, plenty of available parking spaces in the MB lot. 32 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . PRG6485.\IP that has been brought to its attention, and has been a model business in terms of trying to work constructively to address all the concerns of its neighbors. 85. Yet, in the face of this first time situation, I was continually denied notice of what I was up against, confronted by moving targets, elusive, unverifiable accusations, and shut out of any real participation in the process to look for solutions. 86. Ultimately, the result was basically to put me out of business (rather than <, to adopt a process that would have permitted graduated responses, and only if problems which were verifiably attributable to my business remained uncorrected). This has now brought me to the point of having to fight for the very survival of my business. 87. I have always tried to be a good neighbor and good corporate citizen and a proud and supportive resident of this city. I would never want to be crosswise with the city which is my home, but here, I feel like I have no choice. As a small business owner how can I fight or compete against a citY the size of Rancho Cucamonga? They have so many recourses and so much power, I often feel like Don Quixote fighting the wind mills of big dty government. As a 25 year resident of Rancho Cucamonga myself ' I feel wronged by this process, and although I will hate to do it, I will pursue all of my legal remedies with the top attorneys in this field, if necessary, to right what I know in my heart to be a terrible wrong. 88. In closing I want to reiterate that all I am asking for is fairness. I do think that whatever rules MB is asked to comply with, fairness dictates that these rules be applied equally to all like businesses within our city. Judged by that standard, the additional conditions imposed by the Planning Commission beyond those recommended in the staff report of June 22, 2005, are unfair and go far beyond those imposed on any other business in Rancho Cucamonga. Lastly, and most importantly, they are the absolute and certain equivalent of an outright revocation order as MB could not survive 33 - (>> 7 8 9 10 11 12 13 -14 15 16 17 18 19 20 21 22 23 24 25 .26 27 28 1 a single day should these conditions be allowed to take effect. Thank you for your time 2 in considering this. 3 4 I declare under penalty of perjury under the laws of the state of California that 5 the foregoing is true and correct. Executed this 26th day of October, 2005 /' ----, -- ..--- I ,/ /' _,/, ./ <7 / ~/ . / / ,/ P,'~J(~vt~ &' Matk Davidson , ~A 1 2 3 4 5 6 7 8 9 10 11 12 13 ) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRG6485.WP '. EXHIBIT "A" Aerial map and vicinity of Margarita Beach ,~4~~I; !I~/;'" ~ ~.^ -' "', -^ ,. ' ~,..:.,.,,1\:.':-"~e'! ':' /'" "\,:,,'L. , ,. ; 'L,..,";"l,.,,'t . ~ A '~""'! ..~ 't'- i....,~- '.. ~. . -' ..l ~" II ~r.~:'.-. ~ ~ d 8. ,I II ~ii~~ ~GlCfoj lllmlll~ 5 .~ ~~ Sj ~ ~'6lS:i &!~j~c7J "=NM~ui Cl 2l ,!;; c .Q~ Q) L ~ co "C-,!!~a.c 'ill m ~~.B ~ .<11 :2 d'l ~ .!~<II<IIQj 19 ~ ~~ ~~ ~ ~C1F-F- ' l.d"':tOgj~ , ) 1 2 3 4 5 6 7 8 9 10 11 12 13 ) 14 EXHIBIT "B" 15 16 Margarita Beach's Restaurant Menu 17 18 19 20 21 22 23 24 25 26 27 28 PRG6485.WP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ) 27 ) ) 28 PRG6485.WP EXHIBIT "e' Letter from neighbor Jason Slover, a Riverside County Sheriff, stating that he never witnessed any problems with Margarita Beach Jason SIO\'Cr 11917 GreenblufT Way Yucaipa, Ca 92399 (909)79tJ.4557 October I. 2005 To whom it may wnccm: My name is Jason SIO\'cr, I am a DepUIy Shcrilfwith the Riverside Counly Sheriff's Department. I am writing this letter as a way of giving a statement regarding the problems with Margarita Beach and thc surrounding neighborhood in which 1 ronnally lived, My last place of residency was 9837 Estaeia 0" Rancho Cucamonga. Ca 91730, 11i\-ed in that house rrom January 2002 until March 2005. I would like to say that I never witnessed or experienced any inappropriate or illegal acli\ities that others living in the same neighborhood have been wmplaining of. We never had problems with patrons of Margarita Beach using our house to park in front of, I witnessed Margarita beach' s securily staff being very diligent by nol allowing patrons to park on Estacia CI. and walk 10 Margarita Beach. In one case my own Brother-in-law was 10Id to park in our dri\e way and nol on lhe street, In regards to wmplaints about the noise", We often slept with our windows open during warm monlhs and were never awakened or kept awake by excessive noise wming Iiom Margarita Beach. ) When I attended a Neighborhood Watch meeting the San Bernardino Counly Sheriff representative was made aware of wmplaints rrom other households thai came Iiom a house on Pasito at the top of the cui. de-sae. This house is home to some teenagers that have had several parties and incidences which have been blamed on Margarita Beach. In one QISC a parIy-goer who was very inloxicated, tried to enler another home, on Estacia CI, thinking they were entering the above house on Pasito, This house has also had many calls for service by thl a, ucamonga Police, ror noise, and disturbances. In the three years that I lived on ESlaeia Ct. I and/or bottles in my parkway on only 2 ocCasions. I do not know for a fact that they came Iiom ne going or wming Iiom Margarita Beach. I want express lhat I never relt inconvenienced or disturbed in anyway by patrons of Margarita Beach. I believe they have done many things 10 address complaints from neighbors and have been open 10 work with reasonable requests, My opinion is that these efforts are goini unrecognized and unhappy residence are unwilling 10 see the positive changes and deal with lhe busil4ses that are close 10 Ihrz~;;:::PI ~ ~:;;~, Slover ) 1 2 3 4 5 6 7 8 9 10 11 12 13 ) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRG6485.WP EXHIBIT "0" Letter from Estacia Resident Tavarra Jones stating that she has had no problems with Margarita Beach and reels much safer due to the terrific job the security are doing ) ) TAVARRA JONES 9810 ESTACIA CT. RANCHO CUCAMONGA, CA 81730 (908)331-7213 CELLM 1010!I05 TO WHOM IT MAY CONCERN: MY NAME IS TAVARRAJONES.I LIVE AT 9810 ESTACIA CT. THE CORNER OF RAMONA AVE AND ESTACIA.I LIVE ON THE CORNER HOUSE. I WANT TO MAKE A STATEMENT ABOUT MARGARITA BEACH. I HAVE NO PROBLEMS WHAT SO EVER WITH MARGARITA BEACH. THERE SECURITY GUARDS ARE DOING A TERRIFIC JOB. THEY MAKE SURE THAT NO ONE PARKS ON OUR STREET AND THE SURROUNDING AREAS. THEY ALSO PICK UP TRASH THAT OTHERS THROW DOWN. I SIT OUTSIDE AND OBSERVEI SINCE THE SECURITY GUARDS HAS BEEN PRESENT THERE HAS BEEN NO PROBLEMS. THE NOISE HAS EVEN SEIZED. CARS THAT PARK ON ESTACIA CT BELONGS TO THE RESIDENTS AT 8033 RAMONA AVE RAMONA VIllAS (MULTl-FAMILY). I CAN HONEsn Y SAY SINCE THE SECURITY GUARDS ARE SECURING THIS AREA I FEEL ALOT SAFERII HAVE BEEN LMNG HERE SINCE MARCH 2004. I ADMIT WHEN I FIRST MOVED HERE I HAD A PROBLEM WITH MARGARITA BEACH. THAT WAS IN THE PAST. THE PROBLEMS HAS BEEN CORRECTED. IF NO ONE HAS COMPLAlMED (THE NEIGHBORS CLOSER TO RAMONA AVE). THEN WHATS THE BIG DEAL? IF YOU HAVE ANY QUESTIONS PLEASE CONTACT ME" THE ABOVE" SINCERELY, TAVARRA JONES , ) 1 2 3 4 5 6 7 8 9 10 11 12 13 ) 14 EXHIBIT "E" 15 16 Margarita Beach Police service calls after February 2, 2005 17 18 19 20 21 22 23 24 25 26 ) 27 28 PRG6485.WP I~EROFFICEME~ "ATE March21.2005 FROM. Paul MorrIson, Sergeant Rancho Cucamonga Station TO Pete Ortiz, Captain Rancho cucamonga Station PHONE (909)477-2800 SUBJECT MARGARITA BEACH CALLS FOR SERVICE 020205 .032105 '. The following Is a breakdown of the 25 calls for service related to Margarita Beach from February 2,2005 through March 21, 2005. Call tv". Call. ,ReDO'" - Bar check/pedestrian/traffic stops 18 0 Assaults 3 2 Drunk In publici DUI 2 2 . DIsturbing the peace 1 0 Other 1 1 Total 25 5 Total calls Initiated by police approximately 21 . ~ I~EROFFICE ME~ .DAT~ JUNE 9, 2005 FROM' Paul Morrison, Sergeant Rancho Cucamonga Station TO Pete Ortiz, Captain Rancho Cucamonga Station PHONE (909)477-2800 I:iJ SUBJECT MARGARITA BEACH CALLS FOR SERVICE 032205.060705 The following is a breakdown of the 6 calls for service related to Margarita Beach from March 22, 2005 through June 7, 2005. Csll tvD. Csll. ReDo'" - Bar check/pedestrian/traffic stops 2 1 Assaults 0 0 Drunk In publici DUI 1 1 - Disturbing the peace 2 0 Other 1 0 Tota' 6 2 Total calls Inltfated by pollee approximately 4 No calls forseNice related to Margarita Beach were recorded Iii the'suri'ouiii:l/rig . neighborhoods. . ~ ~ ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ) 27 28 PRG6485.WP EXHIBIT "F" Emails to Mike Diaz of City staff repeatedly requesting opportunity to meet and provide input before completion of July 13th staff report Diaz. Michael Paul . From: MarkDavldson369@aol.com Sent: Thursday, June 30, 2005 6:00 PM To: ' Diaz. Michael Paul Subject: (no subject) Dear Mike. I do not understand why you have not even responded, to my last email. Maybe you don't have an answer yet. I am obviously concerned that planning department is going to attempt to condition me out of business. While I " will agree to any conditions that address adult entertainment since I am not in the adult cabaret business. I would prefer that if you are going to condition me out of business by limiting my hours of operation that you would simply recommend revocation of my CUP the results will be the same either way. As an alternative I would like to offer a couple of suggestions. I would do this in person but it appears that you don't have the time to meet with me prior to your staff report be turned in. I would be willing to commit $20,000 towards promoting and expanding food sales. This money would be spent on remodeling the kitchen (adding a pizza oven (for gourmet piZZas), convection oven (for fresh bread), additional refrigeration. and promoting food sales (thru coupons and advertising), We would provide proof of money being spent within 180 days of this agreement Two. requiring us to lengthen our hours of operation, to be open for lunch on a daily basis. This too would increase our food sales, Three a restriction from charging a cover charge for admission (only night clubs have cover charges), These are multiple conditions that would all promote food sales a restaurant environment and allow us to remain in business. As always I remain open to cooperation and suggestions: Please let me know your opinion on these . suggestions, Mark Davidson PS Please forward a copy of this letter to all planning commission members. . :- 2820(); Page 1 of 1 Kam Machado .m: MarkDavidson369@aoLcom Sent: Wednesday, June 29. 2005 1 :50 AM To: MPDiaz@cLrancho-cucamonga,ca,us Subject: Re: FW: (no subject) Dear Mike, Do you really think that is a fair amount of time for me to respond? Why is this being rushed to the point that I am given one day to respond in writing, I have stated that several of the pictures are not even from Margarita Beach, does anyone care about that fact? I would like to request a meeting with planning department to review these pictures and a continuance of the next meeting to allow me time to respond to the latest allegations in writing, Thank you Mark Davidson . . 7/22/2005 Page 1 of 1 Kam Machado R: MarkDavidson369@aol.com Tuesday, June 28, 2005 10:29 AM To: mpdiaz@cLrancho-cucamonga.ca,us Subject: (no subject) Dear Mike, In reviewing the pictures, several of them are not even from Margarita Beach and others were grossly misinterpreted, example there was no picture of anyone serving liquor between their legs. Y,., Will we have a meeting to discuss these pictures and the changes in conditions or will it be done without my input? I met with Capt. Ortiz who agrees that while the pictures are definitely in poor taste they do not constitute adult entertainment. We intend to present evidence of the repeated lies and gross exaggeration by the neighbors, and would like to request an audio tape of the meeting, I am sorry to take up so much of your time with these requests, but I'm sure you understand that I have no choice. Thank you, Mark Davidson (909) 437-8778 . . 10/24/2005 J. 05'" 1 Vi 1 Kam Machado .....om: MarkDavidson369@aol.com Wnt: Monday, June 27, 2005 10:17 AM To: mpdiaz@cLrancho-cucamonga.ca,us Subject: Margarita Beach Dear Mike, I am going to meet with Cap!. Ortiz today at 3:00, Since I have never seen the pictures that were presented at the last meeting I would like to pick up a copy of all pictures. It is my understanding that many of those pictures were from other locations, they were from a Halloween costume party, and that they were misrepresented by Ms. Sanchez. (I was told no one served liquor between there legs). It is obviously important that I see these pictures to be able to rebut or explain them. Further I would like to request or I can have my attomey office do it copies of all the CUP's in Rancho Cucamonga that have entertainment permits attached to them. Thank you, Mark Davidson . . 7/22/2005 ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRG6485. WP '. EXHIBIT "G" Letter of September 22, 2005 on behalf of Margarita Beach inviting each of the neighbors in the Estacia Neighborhood to a meeting . . . LAW OF'F'"ICII!:$ WESTON. GARROU. DEWllT 8 WALTERS ,JOHN H. WE5TON'* CI..YDE DlfwITT'...,.. G. !'tAN OAl-L. GARROU'* M....RK P. SINDER'" A PARTNERSHIP 0" "ROl'"E5SIONAl. BUSINESS ENTITIES ,.LOAICA O....'CC WILSHIR!: BUNDY PLAZA l..AWREI'4CE O. WAl.TERS." 12121 WILSHIRE BOULEVARO, SUITe: 900 MARC oJ. RANDAZZA2.. 01'" COUNSEl. CATHY E. Cl'tOSSON'" A. CALE MANICOM' .JOSEPH P. WOHRLE' LOS ANGELES. CALIFORNIA 90025-1168 FAX (310) 442-0899 (3101 ....42-0072 781 DOUGLAS AVENUE AI..TAMONTE SP"'N05, 1'"1.. 32714-25ee ,. AX 14071 774--eISI 14071 38e-4528 SAN DIEGO O.....IC. 1205 ,J STREET, SUITE 8 SAN DIEGO, CA 8Z101-71500 l""'X lfSllilol 23liH717 ISI&t) 232-32115 IADMrtTED'N-C/lUnlIItNU." ZAQMITTl;JJINn.oAI~ 3AOMrtTI:D IN ,_ .._mmrfol1'Dtoll5 II ADMrTTED IN MASSo/lCMUS~ I ... c;:AUFORNIA PI'tOt'ESSIO-. CORJ"ORll,f1ON .. A f'l.ORIOA PROP"ESSIOHAL ASSOC\AnON " INVITATION to Margarita Beach Community Meeting September 22, 2005 Re: Saturday, October I, 2005, 2:00 p.m. 9950 West Foothill Blvd., Rancho Cucamonga, CA 91730 Dear Margarita Beach Neighbor: I am new counsel for Margarita Beach in connection with its relationship with the City of Rancho Cucamonga, and indirectly, with you. I have been retained to deal with the recent changes in Margarita Beach's conditional use and entertainment permits. I have reviewed the file, and as part of the familiarization process, I recently met with several members of the city's planning commission staff (including Brad Buller) and their Deputy City Attorney. During the meeting, city personnel urged us to meet with the complaining residents to discuss various approaches to resolving the situation which we are considering. We enthusiastically agreed. We considered meeting with the residents at the next regularly scheduled neighborhood watch, which was sometime in early October. Unfortunately, the scheduling of the hearing on our appeal before the Rancho Cucamonga City Council will not permit us to defer meeting with the residents until then. . . LAW OFFICES WESTON, GARROU, D,WITT 8 WALTERS /It, PARTNERSHIP 0" PROFESSIONAL IlIUS,,..ltSS ENTITIES Margarita Beach Neighbor Re: INVITATION (Margarita Beach) September 22, 2QOS Page 2 Accordingly, we respectfully invite you to attend a meeting on Saturday, October I, at 2:00 p.m., at Margarita Beach Restaurant. I will conduct the meeting, and the purpose will be to present various steps that my client is taking and proposes to take, in response to the concerns which the residents have expressed. I intend to disc.uss certain things with those who attend, and, even more importantly, I hope to listen. The meeting will not be confrontational or antagonistic; we simply want to obtain your input as we attempt to craft various proposals to resolve the present conflicts. You will be treated with respect and dignity as we attempt to find common ground. The meeting will also give you an opportunity to see the facility and sample its wares. Snacks and beverages will be provided. I anticipate that the meeting will last until 3:00 or 3:30 p.m., although we'U continue as long as it is constructive to do so. We are distributing this invitation to everyone we think will be interested; please feel free to bring it to the attention of anyone else who you think is in that category. Thank you for your consideration, and I look forward to meeting you. Please RSVP to my assistant, Kam Machado. Feel free to contact her via telephone (310/442-0072) or e-mail (KamMachado@wgdlaw.com). Respectfully yours, By WESTON, GARRO , ]HW:km cc: Dan Coleman, Acting City Planner D. Craig Fox, Deputy City Attorney Mark Davidson _ K:\Wf'WoJW\ZOO1\Millr\Marpfllll !lElldl\MllrlPfln Bt..h Nriafabllf.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ) 27 28 ) ) PRG6485.WP '. EXHIBIT "Hit September 25, 2005 letter from the neighbors in the Estacia Neighborhood rejecting the Commission's suggestion that there be a meeting . September 25, 2005 To: John H. Weston Attorney for Mark Davidson/Margarita Beach From.: Surrounding Neighbors of Margarita Beach Re: Request to Hold a Community Meeting in October for Margarita Beach In regards to yoUr request, we the following undersigned, see no basis or need for holding this community meeting. The facts are that the Planning Staff on behalf of the Planning Commission has prepared a package of recommendations to the City Council to have the business become finally what it was originally pennitted-A 'Bona Fide Eatery' with the incidental sales of alcohol and incidental entertainment as described in the entertainment permit. Not only does the Planning Department's recommendations bring the establishment back to what was first pennitted, but places the business under city control with periodic reviews and monitoring reports that ensure that the business is operating in compliance with the CUP and the Entertainment Pennits. . Thus, there is no reason for the neighbors to meet with you and Mark Davidson since we do not have the authority to mitigate this situation; there is no need for a community meeting. ONLY the City Council can legally deal with the Appeals processes; they are the Governing Body of the City of Rancho Cucamonga. . Name Address .1. Ef)lJA~ ~#I}~ 7'J169 E5~ 0-. 2.~ce<"o y ~~ncik~z:.. L(Y(/l ~~ela. C:t- 3. '\Jt ctoLlCl ~ hcOt~~ cr J~A Es ft1.CICt CI 4. Savtil. fttoUs$(/'t" <gO~~ (bsih, Ave ~ p~~ 5. ,Sc['fl\ M1)us$v\,' ~03d- a:~-)h Ave. S- ~ 6. L. 'JJus 7/;u (;~l( (Jvif-d- ?7f-J/ro I/-~ c;;ZJ;;)~ ~ 7 .A~-Q V-4 '6k '( . 8. ~~\ Q~ \l~~ 8V d-J.. ?>ts i'rv ~ ~ en/(P !iC!,./ /.,., /j IJP 9. {~~\ _r-,,,,,,,,,,,l2.. ~r)\(.., R.s:.,~ ~'''~ 10. C~j2I:? (b~~G~ 1DI1 PNJ17D f'Jf 11.:\h~10i-- C4f7b((]~ 80/7 lAS/TO il)c 12.' 1(" q ~[(O f~~ +tt.~; "- c..,. " ~ttt(J t-lfiJO{ L~L~~ c-l 13. ' .4. ~AAJ~6n., ;l~ 4999 "c<MI/.J/1I/39 / / '''~ ,. ~ .-/, .~, J'''e "/~;+t/'''''' .'\:"- ~. ~ -=> r ,.. ?~ '- /Z",$J .A' /t2.. ~ . Name Address ~nature . 15.fA-I _\-f~vcmJ <:, ~99'l f60t ~~J I ~'l (6:*- Jl1~," 16.&f cJ~ rrrr fno -rIll'! / e h,J"760 En; ir ,if[ &" Y 17.t?..,,j 1f"1 . <gD?!, C..b~~, Av... , ~-;Jr 18. to<'- ,LL g,71. 0. I., 7/ iW__. e.-- . IYJ 0 s h " . ;J / -, 19. ~L~I($ "In. E0-wh Cr. 72(. ~t... I - 20.-.J:i", t) 150'(\ saos GSTA-C,A- c~ f'L, ~ Q)S{.I-_ 21./;h~6A<ZJ4 (Jr,\fr--. 0BC'::: ["(At/Ii (1 ~ ~ 61IJl--j(G..~ <;:'010 r~SIT<> Ao" 12<:. ~~lJkR . 22. 23. 24. 25. 26. 27. .8. . . . DECLARATION OF JONATHAN BIGGS (SECURITY GUARD AT MARGARITA BEACH) 5 . . . 1 2 3 4 5 6 7 8 9 10 DECLARATION OF JONATHAN BIGGS (C.C.P. ~2015.5) 11 I, Jonathan Biggs, Declare; I. I was hired in February of this year at Margarita Beach as a security person and continue to work there currently. In the last nine months I have ,worked a majority. o~ Tuesdays and Sundays and almost every Thursday, Friday, and Saturday night in addition to some holidays. My specific area of respon.sibility is the residential area starting at Estacia and Ramona and leading west to the cul-de-sacs. I am physically positioned at the rear exit of the Margarita Beach shopping center facing Ramona looking directly down Estacia. 2, My responsibilities are as follows: (a) Trash: Inspect and clean up all trash in the entire residential area every night at the start of my shift regardless of the origin of the trash. I re-inspect the area at the end of my shift (at about 2: 30 a.m.) to ensure the " 12 13 14 15 16 17 18 19 entire area is clean. 20 (b) Parking: I note any parking in the residential 21 area at the start of every shift. I monitor any additional 22 parking during the night to ensure no Margarita Beach customers 23 attempt to park and walk across. Anyone who might attempt to 24 do so is instructed they cannot park there and attend Margarita 25 Beach. Anyone who parks there and does not attend Margarita 26 Beach is noted on my security log. 27 (c) Noise: I also instruct any walk-up customers to 28 Margarita Beach from Ramona that walk-ups are not allowed and . 10 11 12 13 14 . 15 16 17 18 19 20 21 . ~ 1 that they have to park in our lot if they want to come inside. 2 This prevents the noise that could occur during their exit. 3 3. It is my goal to accomplish these responsibilities 4 with as little inconvenience to the neighborhood as possible. 5 4. I have been instructed to help the neighborhood 6 regardless of the source of a problem. On one occasion there 7 was a parking problem on Estacia involving a resident of the 8 apartment complex, Margarita Beach personnel called the police 9 to assist the neighborhood. 5. In the month of August I had zero cars that had to be instructed not to park in the neighborhood. 6. In the month of September I had a total of two cars that I had to instruct not to park in the neighborhood. 7. In the month of October through the 19th, I had a total of one car that had to be instructed not to park in the neighborhood. 22 8. It is my firm belief that Margarita Beach does not negatively impact the residential area. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 25th day of October, 2005, at Rancho Cucamonga, California. 23 ~ IO~5-06 JONA B1, larant. 24 25 26 27 28 . . . " DECLARATION OF JACOB WHITE (A MANAGER AT MARGARITA BEACH) 6 . . . DECLARATION OF JACOB WHITE (C.C.P. ~2015.5) I, Jacob White, Declare; 1. On the evening of Sunday, September 18, 2005, I was the manager on duty at Margarita Beach. At approximately 8:30 p.m. my cook Joshua Angle came to me and told me that a neighbor came to the front of our building and complained that a customer had parked on her street. I identified the customer and told him that he would not be allowed inside until he moved his car. He left, and a few minutes later I came outs~ge and saw the customer park his car in the parking lot. There were only about 15-20 cars in the front parking lot at the time and there were plenty of places to park. There were approximately 10 customers inside at this time. We did not have any security personnel outside at that time because security is not scheduled to start until 9:00 PM. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. Executed this 25th day of October, 2005, at Rancho Cucamonga, California, cf) Y--6 u1 /cJ/;4S,k- JACOB WHITE, Declarant. . . . " DECLARATION OF KEITH GOOSELA W (PRlV ATE INVESTIGATOR AND RETIRED CALIFORNIA POLICE OFFICER) 7 . 1 DECLARATION OF KEITH GOOSELAW (C.C,P. !l2015.5) 2 3 I, Keith Gooselaw, Declare; 4 1. I am a private investigator and independent contractor 5 retained by The Dillon Agency, a professional investigative 6 company, located at 7108 Katella Avenue, Suite 437, Stanton, 7 California 90680, (714) 317-5317. 8 2. I have been employed in the law enforcement field for 15 9 years in the County of Riverside. I was employed by the City of 10 Perris, California, Police Department from 1985 to 2000, from which 11 I subsequently retired. During my law enforcement career, I worked 12 in various capacities which included unlawful and unreasonable 13 noise investigations, business and profession code violations, 14 exterior alcohol and beverage control violations, lewd conduct 15 investigations, penal code violations, loitering problems and . 16 investigations concerning restaurants, bars and surrounding . 17 neighborhoods, parking problem investigations and worked in concert 18 with other law enforcement agencies throughout the County of 19 Riverside concerning many of these same types of matters, including 20 noise abatement, alcohol and beverage control violations and 21 business and professions code violations. 22 3. I have previously testified in Superior Courts in the 23 County of Riverside as an expert witness in the field of VICE 24 enforcement, noise abatement, alcohol and beverage control 25 violations. 26 4. I was retained by counsel for Margarita Beach to review 27 file materials, applicable Municipal Codes, applicable conditional 28 use permits, applicable entertainment permits and relevant 1 . . . 1 recommendations contained in the June 22, 2005 Staff Report from 2 the Rancho Cucamonga Planning Department, concerning the operation 3 of Margarita Beach, and to then perform investigation and 4 surveillance of Margarita Beach and its surrounding areas in order 5 to render professional opinions concerning the lawful operational of Margarita Beach as it relates to the following areas: (a) Unlawful and/or unreasonable noises; (b) Business and Professions Code violations;. (c) Exterior alcohol and beverage control violations; (d) Lewd conduct; (e) Penal Code violations; (f) Loitering problems of surrounding streets and/or 6 aspects 7 8 9 10 11 12 " 13 neighborhood; 14 (g) Parking control 15 5. I performed the following investigation and surveillance 16 at Margarita Beach and the surrounding areas on October 8, 2005 17 from 8:30 p.m. until 2:00 a.m.; October 12, 2005 from 8:30 p.m. 18 until 2:00 a.m.; October 14, 2005 from 8:30 p.m. until 2:00 a.m. 19 and October 15, 2005 from 8:30 p.m. until 2:00 a.m. The 20 surveillance and investigation included personal visual and 21 auditory observation of the establishment and roving pedestrian and 22 vehicle patrol, investigation of the surrounding neighborhoods to 23 the east, west, north and south of the Margarita Beach location. 24 6. I have formed professional expert opinions based upon my 25 professional and practical experience as a law enforcement officer, 26 my review of the relevant file materials and information obtained 27 from the above referenced investigation and surveillance. 28 7. I have formed the following professional expert opinions 2 . . . 1 that during my observations: 2 (a) There were no unlawful or unreasonable noises caused 3 by the operation of Margarita Beach; 4 (b) There were no business and professions code 5 violations resulting from the operations of Margarita Beach; 6 (c) There were no exterior alcohol and beverage control 7 violations resulting from the operations of Margarita Beach; 8 (d) There were no lewd conduct or any penal code 9 violations resulting from the operations of Margarita Beach; 10 (e) There were no loitering problems on surrounding 11 streets and/or neighborhoods resulting from the operations of 12 Margarita Beach; 13 (f) There was no illegal or excessive parking by patrons 14 of Margarita Beach on any surrounding residential streets; 15 8. I have further formed the professional expert opinion 16 that Margarita Beach operates its business within the applicable 17 conditional use permit, applicable entertainment permit and within 18 all of the relevant requirements of the Rancho Cucamonga Municipal 19 Codes and is compliant with all of the recommendations outlined by 20 the Rancho Cucamonga Planning Department, dated June 22, 2005. 21 9. Based on my professional training, experience and 22 personal observations of the surrounding neighborhood as previously 23 noted, I believe that the procedures in which Margarita Beach 24 presently has in place reflect extremely competent and professional 25 management and are highly effective and successful in maintaining 26 control over their patrons and preventing patrol caused 27 disturbances and intrusiveness in the neighborhood. Further, I do 28 not believe that any additional steps or conditions beyond these 3 . . . 8 California. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 presently in effect and/or contained in the proposed conditions 2 recommended in the June 22, 2005 Staff Report to the Planning 3 Commission, are necessary to maintain the present very acceptable 4 level of patrol non-disturbance. 5 I declare under penalty of perjury under the laws of the State 6 of California that the foregoing is true and correct. 7 Executed this ho Cucamonga, <, ... Declara 4 . . . '~" DECLARATION OF WILLIAM RHETTS (PRIVATE INVESTIGATOR AND RETIRED CALIFORNIA POLICE OFFICER) 8 . . . 1 DECLARATION OF WILLIAM RHETTS (C.C.P, !l2015.5) 2 3 I, William Rhetts, Declare; 4 I am a private investigator and independent contractor 1. 5 retained by The Dillon Agency, a professional investigative 6 company, located at 7108 Katella Avenue, Suite 437, Stanton, 7 California 90680, (714) 317-5317. 8 I have been employed in the law enforcement field for 19 2. 9 years in the Counties of Riverside, San Bernardino and Los Angeles. 10 I was employed as a police officer with the City of Fontana, State 11 of California, from 1981 to 1986. I was employed as a police 12 officer with the City of Los Angeles Police Department from 1986 to 13 1997. I was employed as a police officer with the City of 14 Riverside Police Department from 1997 to 2000 from which I 15 subsequently retired in May of 2000. 16 During my law enforcement career and working experience 3. 17 I have completed investigations concerning and unlawful 18 unreasonable noise investigations, business and profession, code 19 violations, exterior alcohol and beverage control violations, lewd 20 conduct investigations, penal code violations, loitering problem 21 and investigations concerning restaurants, bars and surrounding 22 neighborhoods, parking problem investigations and worked in concert 23 with other law enforcement agencies throughout the Counties of San 24 Bernardino, Riverside and Los Angeles, concerning many of these 25 same types of matters, including noise abatement, alcohol and 26 beverage control violations and business and professions code 27 violations. 28 / / / / / . . .' 1 4. I have previously testified in the Los Angeles County 2 Superior Court as a vice Investigator in the field of VICE 3 enforcement, noise abatement, alcohol and beverage control 4 violations. 5 5. I was retained by counsel for Margarita Beach to review 6 file materials applicable Municipal Codes, applicable conditional 7 use permits, applicable entertainment permits and relevant 8 recommendations contained in the June 22, 2005, Staff Report from 9 the Rancho Cucamonga Planning Department, concerning the operation 10 of Margarita Beach, and to then perform investigation and 11 surveillance of Margarita Beach and its surrounding areas in order 12 to render professional opinions concerning the lawful operational 13 aspects of Margarita Beach as it relates to the following areas: 14 (a) Unlawful and/or unreasonable noises; 15 (b) Business and Professions Code violations; 16 (c) Exterior alcohol and beverage control violations; 17 (d) Lewd conduct; 18 (e) Penal Code violations; 19 (f) Loitering problems of surrounding streets and/or 20 neighborhood; 21 (g) Parking control 22 6. I performed the following investigation and surveillance 23 at Margarita Beach and the surrounding areas on September 30, 2005 24 from 8:30 p.m. until 1:30 a.m.; October 1,2005 from 8:30 p.m. 25 until 2:30 a.m.; October 5, 2005 from 9:00 p.m., until 2:00 a.m., 26 and October 7, 2005 from 9:00 p.m. until 2:00 a.m. The 27 surveillance and investigation included personal visual and 28 auditory observation of the establishment and roving pedestrian and 2 .; . . 1 vehicle patrol, investigation of the surrounding neighborhoods to 2 the east, west, north and south of the Margarita Beach location. 3 7. I have formed professional expert opinions based upon my 4 educational background and professional experience as a law 5 enforcement officer, my review of the relevant file materials and 6 information obtained from the above referenced investigation and 7 surveillance. 8 8. I have formed the following professional expert opinions 9 that during my observations: 10 (a) There were no unlawful or unreasonable noises caused 11 by the operation of Margarita Beach; 12 (b) There were no business and professions code 13 violations resulting from the operations of Margarita Beach; 14 (c) There were no exterior alcohol and beverage control 15 violations resulting from the operations of Margarita Beach; 16 (d) There were no lewd conduct or any penal code 17 violations resulting from the operations of Margarita Beach; 18 (e) There were no loitering problems on surrounding 19 streets and/or neighborhoods resulting from the operations of 20 Margarita Beach; 21 (f) There was no illegal or excessive parking by patrons 22 of Margarita Beach on any surrounding residential streets; 23 9. I have further formed the professional expert opinion 24 that Margarita Beach operates its business within the applicable 25 conditional use permit, applicable entertainment permit and within 26 all of the relevant requirements of the Rancho Cucamonga Municipal 27 Codes and is compliant with all of the recommendations outlined by 28 the Rancho Cucamonga Planning Department, dated June 22, 2005. 3 . . . 1 10. Based on my professional training, experience and 2 pers'onal observations of the surrounding neighborhood as previously 3 noted, I believe that the procedures in which Margarita Beach 4 presently has in place reflect extremely competent and professional 5 management and are highly effective and successful in maintaining 6 control over their patrons and preventing patron caused 7 disturbances and intrusiveness in the neighborhood. Further, I 40 8 not believe that any additional steps or conditions, beyond those' 9 presently in effect and/or contained in the proposed conditions 10 recommended in the June 22, 2005, Staff Report to the Planning 11 Commission, are necessary in order to maintain the present, very 12 acceptable level of patron non-disturbance. 13 I declare under penalty of perjury under the laws of the State 14 of California that the foregoing is true and correct. 15 Executed this 25th day of October, 2005, at Rancho Cucamonga, . 16 California. {:atAt41 0 ffl71J- 17 WILLIAM RHETTS, Declarant. 18 19 20 21 22 23 24 25 26 27 28 . 4 . " . DECLARATION OF MARTIN NEWSON (FORENSIC CONSULTING ENGINEER IN ACOUSTICS AND THE PRINCIPAL OF MARTIN NEWSON AND ASSOCIATES L.L.C.) . 9 . . . 1 DECLARATION OF MARTIN NEWSON (C.C.P, ~2015.5) 2 3 I, Martin Newson, Declare; 4 1. I am a Forensic Consulting Engineer in Acoustics and the 5 principal of Martin Newson and Associates LLC, 2001 Wilshire 6 Boulevard, Suite 301, Santa Monica, California 90403, A copy of 7 Mr. Newson's Curriculum Vitae is attached hereto and incorporated 8 by reference. 9 2. I have previously been qualified and have testified as an 10 expert witness providing expert witness testimony and evidence at 11 public hearings and planning commission hearings in the City of 12 Beverly Hills, City of Santa Monica, Magistrate Court of England 13 and have been a key note speaker at numerous meetings of ASHRAE and 14 the American Society of Plumbing Engineers. 15 3. I was retained by counsel for Margarita Beach to review 16 applicable Rancho Cucamonga Municipal Codes and exterior noise 17 standards and to perform acoustical testing and a sound measurement 18 survey and provide expert analysis and opinions. 19 4. I reviewed Rancho Cucamonga Municipal Code Section 20 17.02.120 D - Exterior Noise Standards and Section 17.08.080 D and 21 performed the acoustical testing and sound survey on October 20, 22 2005 and October 22, 2005 at Margarita Beach and its surrounding 23 neighborhood areas. 24 5. The sound survey was completed by obtaining sound 25 measurements from the hours of 10:00 p,m. to 2:00 a.m. on October 26 20, 2005 and from 10:00 p.m. to 2:00 a.m. on October 22, 2005. I 27 obtained sound measurements at various times on the above 28 referenced dates at the following locations: . . 1 (al On Estacia, on the sidewalk near 9870 Estacia. 2 (b) On posito on the sidewalk near 8017 Posito. 3 (cl In the Apartment building complex to the rear of the 4 site, in front of Building 8. 5 (dl In the corner of the alley behind Margarita Beach 6 adj acent to residences. 7 (el In front of The Pines at 9999 Foothill Bouleva:r:;d 8 close to Foothill Boulevard property line. 9 (f) In front of Kinder Care, in next block of Foothill 10 Boulevard on the same side of the street as The Pines. 11 (gl In The Pines, four properties away from Foothill 12 Boulevard property line. 13 (hl 9941 Stafford Street, one block further behind 14 Margarita Beach than the apartment complex. 15 (il In the area of the parking lot of Ken's Japanese 16 Restaurant, located between Margarita Beach Bar and Gilberto's. 17 (j) 10019 Estacia Court directly behind the alley behind 18 Margarita Beach. 19 6. I have formed professional expert opinions based upon my 20 educational background and professional experience, my review of 21 relevant City of Rancho Cucamonga Municipal Code sections and the 22 completion of the sound survey on October 20, 2005 and October 22, 23 2005. 24 7. I have formed the professional expert opinion that the 25 general noise levels generated from the operations and occupants of 26 Margarita Beach, which have been measured at ten locations 27 referenced above, were consistently below the City of Rancho . 28 Cucamonga's noise limit and, in most cases, well below the City's 2 . . . 1 noise limit, Further, any noise at the measured locations which 2 was attributable to Margarita Beach was only faintly audible, but 3 was not the dominant noise source in any of the locations surveyed. 4 Where the City noise limit was exceeded, it appears that this was 5 due to road traffic and other sources other than Margarita Beach. 6 I declare under penalty of perjury under the laws of the State 7 of California that the foregoing is true and correct. 8 Executed this 25th day of October, 2005, at Rancho Cucamonga, ~o~ (y~ MARTIN NEWSON, Declarant. 9 California. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 . . . MARTIN D. NEWSON Consulting Engineer in Acoustics EXPERIENCE AND EXPERTISE Martin Newson has been working for eighteen years in the field of acoustics, noise and vibration control. A graduate in Engineering Acoustics, the early part of his career was spent in England, firstly at Trox Brothers Ltd., manufacturers of air conditioning equipment, where he performed acoustical tests on products. He then took up a position with Hann Tucker Associates, a major English acoustical consultancy. In his five years with the company, he project managed many significant buildings from conceptual design to OCCUpancy. " Three years were then spent at Paul Veneklasen and Associates in Santa Monica, California as project manager for many of the company's largest and most complicated projects. Mr. Newson is Principal of Martin Newson & Associates LtC, a highly respected acoustical consulting company in Southern California. Throughout the years, he has personally performed numerous inspections and acoustical testing on many types of residential and commercial buildings including assessment of overall and specific acoustical conditions, problem diagnosis and required recommendations. Mr. Newson uses current precision sound testing equipment as well as laboratory test data in establishing criteria for presenting his worle. Mr. Newson's expertise in the inspection and testing industry has been retained for cases involving construction defects. Another service that can be provided is giving expert evidence at public hearings and planning inquiries. Martin Newson has given evidence at the City of Beverly Hills Planning Conunission, a City of Santa Monica City Council Meeting and at Magistrates Court in England. Martin Newson holds a Bachelor of Science degree in Engineering Acoustics and Vibration from the Institute of Sound & Vibration Research, Southampton University, u.K. and is a member of the affiliations listed below: Chartered Engineer Member of the Institute of Acoustics (U.K.) Member of Acoustical Society of America Member of Institute of Noise Control Engineering Member of National Council of Acoustical Consultants Member of ASHRAE American Institute of Architects, Professional Affiliate Member . . . Martin Newson has served as the chairman of the Southern California Chapter of ASHRAE's technical committee on acoustics. Cases on which Mr. Newson has worked include the following: Evergreen Country Villas vs. FDIC Valencia Villas vs. Westcreek 15500 Sunset Rancho Santa Fe vs. Peto Company La Paloma vs. Houck Spring Oaks II, Las Vegas Palmer Warner Center vs. Barrera Landscaping La Quinta vs. Hallmark Properties Canyon Country Villas VB. Superior Grading Canyon Sierra Apartments vs. ABC Products lllig v. Scottsdale, et aI. 17161 Alva Road vs Zanderson, me., et aI. Mar Canyon Torrance LLC vs. Millie and Severson me Yount vs. Auto Club 4128 Wilshire Plaza me. v. Wilshire Plaza LLC, et al. Law firms that have utilized Martin Newson's services include: Wood Smith Henning and Berman, LLP Wilson, Elser, Moskowitz, Edelman & Dicker Spray, Gould & Bowers Law office of Michael Hearn Parnell & Associates Law Office of Pi co and Mitchell, Ltd. Vannah Costello Canepa Wiese & Riedy Fierstein & Sturman Irell & Manella Richardson & Harman, LLP Summers and Shives Morrow and White Speaking engagements include: Los Angeles Chapter of ASHRAE Orange Empire Chapter of ASHRAE Los Angeles Chapter of the American Society of Plumbing Engineers San Diego Chapter of the American Society of Plumbing Engineers '. '. . DECLARATION OF JOHN H. WESTON (MARGARITA BEACH'S ATTORNEY) . 10 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 . 15 16 17 18 19 20 21 22 23 24 25 26 27 . 28 DECLARATION OF JOHN H. WESTON I, John H. Weston, declare and state as follows: 1. I am an attorney duly licensed to practice law in the State of California. I am a partner in the law firm of Weston, Garron, DeWitt & Walters. 2. I represent Margarita Beach in connection with its pending appeal to the Rancho Cucamonga City Council, and in that capacity, I sought and participated in a meeting with various Rancho Cucamonga officials regarding the subject matter of the appeal. On August 31, 2005, along with co-counsel James V. Reiss and Margarita Beach's Mark Davidson, I met with then (now former) Planning Director, Brad Buller, (now Acting Planning Director) Dan Coleman, Michael Paui Diaz and Deputy City Attorney D. Craig Fox. During the meeting City staff suggested that Margarita Beach principals and I meet with the complaining neighboring residents in order to discuss with them and ascertain their responses to proposed alternative conditions which we hoped would satisfy their expressed concerns. It was suggested that we do this in the context of the regularly scheduled Neighborhood Watch meeting. 3, We immediately enthusiastically and unhesitatingly agreed and set about trying to implement the meeting. Unfortunately, because of scheduling issues, having the meeting ,in conjunction with the Neighborhood Watch meeting would not have worked. Accordingly, we determined to invite the neighborhood residents to a meeting at Margarita Beach on October 1st at 2:00 p.m., for the purposes suggested by City Staff. I personally wrote a descriptive and invitational letter to the residents; the letters were delivered on or about September 24th. A true copy of a letter is attached as Exhibit G to the accompanying Mark Davidson declaration, 4. Unfortunately, we received only one reply to the letter invitation, in the form of a letter signed by 22 recipients, declining to participate. Although we were extremely disappointed, we accepted the declination to participate, and given that there were no affirmative replies from people wishing to participate, we did not hold the meeting. A true . 3 4 5 6 7 B 9 10 11 12 13 14 . 15 16 17 18 19 20 21 22 23 24 25 26 27 . 28 1 copy of the neighbors' rejection letter is attached as Exhibit H to the accompanying Mark Davidson declaration. 5. The entire Margarita Beach team and I were terribly disappointed, because we had in good faith intended to discuss the issues, ascertain the then current level, if any, of ongoing concerns, and obtain feedback from the neighbors to our alternative proposals, about which we had given considerable thought. I was very sorry for their decision, because I thought we had an lost a real opportunity to further ameliorate their articulated concerns. I really thought we could resolve the matter, and we had an worked very hard to try to make that happen. Unfortunately, we never had the chance. I declare under penalty of petjury that the foregoing is true and correct. Executed on this 26th day of October 2005, at Los Angeles, California. 2 W ton, Garrou, DeWitt & Walters 12121 Wilshire Boulevard Suite 900 Los Angeles, CA 90025 Telephone: (310) 442-0072 Facsimile: (310) 442-0899 K:\WP60\JW\2005\Misc\Marprita BeadI\WeltoD DccLdol: ADDITIONAL INFORMATION SUBMITTED ON JULY 13, 2005, REGARDING MARGARITA BEACH (Revised Cover Sheet 11-2-05) > Approved Planning Commission Minutes from July 13, 2005 > Petition to Support Margarita Beach - Provided by Ms. Brinca an employee of Margarita Beach. > Margarita Beach Menu - Provided by Mark Davidson > Noise Log - Provided by Mr. Mosher residing at 8026 Cambridge indicating his record of dates and times when noise/disturbances were experienced by him and his wife. > Security Pictures - Still shot images from video shot (but not presented at July 13th meeting) by Mr. Mosher showing alleged patrons of Margarita Beach in alley behind the business. > Letter from Jim Olson dated July 13, 2005. - indicating support for proposed draft resolutions up for consideration by the Commission that evening. > Margarita Beach Purchasing Receipts - provided by Joan Shanks, employee of for Mark Davidson, indiCating expenses for food/supplies purchased for the business. > Margarita Beach Advertisements and Internet Pictures - provided by unknown person reported to have been taken from MB website. Pictures have no date or location indicated. > Residential Security Log - provided by Romeo Raum appellant's security officer > Pictures of Residential Properties at Ramona Avenue and Estacia Court - provided for reference to indicate proximity of center to local residences. First Page: Top Photo - SWC of Estacia Street and Hermosa . Bottom Photo - Ramona Avenue Looking SW to Existing Gas Station at Foothill Boulevard and Ramona Avenue Second Page: Top Photo - Ramona Avenue looking north. Apartment Complex behind commercial center where Margarita Beach is located is visible on right. Bottom Photo - Ramona Avenue looking west to intersection with Estacia Court directly west of commercial center/margarita Beach ADDITIONAL INFORMATION SUBMITTED ON JULY 13; 2005, REGARDING MARGARITA BEACH )> Approved Planning Commission Minutes from July 13, 2005 )> Petition to Support Margarita Beach )> Margarita Beach Menus )> Noise Log )> Security Pictures " )> Letter from Jim Olsen dated July 13, 2005 )> Margarita Beach Purchasing Receipts )> Margarita Beach Advertisements and Internet Pictures )> Residential Security Log )> Pictures of Residential Properties at Ramona Avenue and Estacia Court Commissioner Fletcher confirmed that the homes to the north of Mr. Shulfer are hi homes to the south of Mr. Shulfer will be lower. Jary Cockroft commented that Mr. Shulfer's home is to the north of the KB project. He said the n homes to the south of Mr. Shulfer's house would be lower than his. Mr. Cockroft said that is correct and that there will be a retaining wall betwe heir properties. He said he has agreed to meet with Mr. Shulfer and to walk through the gr g together. Commissioner McNiel confirmed that no water/runoff will be depos. on Mr. Shulfer's property and that his water/runoff will continue to drain off properly. Mr. Cockroft said he is unsure as to how Mr. Shulfer's perty drains at the present time and therefore that will be part of what they discuss because wants to be sure his property does drain since KB nearly surrounds him to the north and the uth. Chairman Macias closed the public hearing. Commissioner Stewart commented that e "raised the bar" with the concept of 360 degree architecture in their project design. Commissioner McNiel commented at hours for construction are in place in the Development Code and are also in the Resolution 0 pproval. He suggested that if he experiences further problems with that, that he call City Hall d it would be taken care of. He directed Mr. Cockroft to not only meet with Mr. Shulferbut a with staff from the Engineering Department to be sure the grading issue is addressed. Commissioner Fletch commented that there is good contact/relationship already established, that the project is an en ncement to the area, and he supports the project. Chairman Mac. said it is a good project and that Engineering has already taken note of the potential gra . g issue. oved by Stewart, seconded by McNiel, to adopt the resolutions of approval as amended pment Review DRC2004-00822, Tentative Tract Map SUBTT16643, Conditional Use Perm. RC2004-00825, and Variance DRC2005-00186 and to adopt a Mitigated Negative ration of environmental impacts. Motion carried by the following vote: S: FLETCHER, MACIAS, McNIEL, STEWART ES: NONE ABSENT: NONE ABST ***** -It H. CONDITIONAL USE PERMIT 88-45 AND ENTERTAINMENT PERMIT 91-03 - MARGARITA BEACH - A public hearing to examine the business operation to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. The Planning Commission will consider modification or revocation of the approved Conditional Use Permit and Entertainment Permit. (Continued from June 22, 2005). Brad Buller, City Planner, noted that Chairman Macias did not attend the previous hearing held on June 22, but that he was provided with the audiotape of the meeting, the staff report, and the various exhibits and materials provided at the meeting. He commented that it is at the discretion of the Planning Commission Minutes -4- July 13, 2005 .. Chairman as to whether he feels prepared to participate in and act upon the review of the Margarita Beach business operation. He noted that at the previous meeting, the public hearing was continued with the intention that the hearing would be reopened tonight. He noted that Vice Chairman McNiel was clear, that the hearing would be reopened primarily for the purpose to allow the Commission, the applicant and the residents to respond to the modified conditions being presented in the draft resolutions of approval and the information being presented by staff in the staff report. He reported that Mr. Mosher called earlier this evening and said he would like to present a video recorded since the last meeting. Mr. Buller commented that it would be at the discretion of the Chairman as to whether he will allow new exhibits or evidence to be presented this evening. Chairman Macias reported that he was present at the first meeting in March, that he is well aware of the issues, he has reviewed the tapes, he has read the minutes and various transcripts ofwhattook place at the June 22 meeting and therefore, he feels comfortable to fully participate in the meeting tonight. He noted that he would open the public hearing tonight with a request for cooperation, that we are here to only address new information in the staff report and the new conditions contained in the draft resolutions. He commented that based upon the previous meetings, the Commission is well appraised and well aware of the impacts on the community and on the situation and he asked the Commissioners to support this approach. Kevin Ennis, Assistant City Attorney, reported that the hearing would take place in this fashion: Staff will present the report, any new information contained in the report, and the new conditions. He said that the Commission would then have an opportunity to ask questions of staff and hear their subsequent answers. He said the public hearing would then be opened for the applicant to comment with respect to the new information/conditions followed by the public. He asked that the comments be limited to information presented by staff and the new conditions. Chairman Macias asked counsel to clarify what the public should do. He asked if this procedure fully complies with the Brown Act. Mr. Ennis stated that they should limit their comments to only the information that staff presents tonight and the new conditions that staff is recommending tonight. He confirmed that we are in full compliance of the Brown Act. The applicant and the public have been given full opportunity to adequately voice their comments. Mike Diaz, Senior Planner gave the staff report. He noted that the modified conditions are found in the agenda packet on pages H-92 through H-104, beginning with the Conditional Use Permit Resolution conditions on page H-94. He noted that modifications have been made to Conditions No.s 1, 2, 3, 4, S, 7, 10, 1S, 17, 18, 19, 20, and 21. He highlighted each change as follows: No.1) gives a more specific intent for the serving of alcohol in conjunction with a restaurant use; 2) a scheduled requirement for the applicant to provide evidence supporting his intent as a "bona fide eating place," as identified by the California Business and Professional Code, 3) provision of an updated floor plan which confirms the primary use as a restaurant, 4) new hours in which the business may serve alcohol in conjunction with the restaurant use, S) requirement for conduct as required by the ABC, 7) requirement to keep rear doors closed for noise mitigation and a time modification for the business to close at midnight, 10) specific restrictions for outside lighting/ search lights, 1S) dance floor size restricted to 1S0 square feet, 17) occupancy levels not to exceed 233 per Fire District, 18) compliance with Adult Entertainment section ofthe Development Code, 19) security and crowd control in the parking lot, 20) security posted in parking areas to monitor parking ,limiting it to the parking lots, 21) introduces timelines for periodic reviews. He commented that the conditions in the Entertainment Permit are modified to be consistent with the conditions in the Conditional Use Permit and therefore the language is similar. He added that Condition 20 also requires some parking lot signage that reminds the patrons of their responsibilities. Chairman Macias asked for clarification on the review period. Planning Commission Minutes -S- July 13, 200S . '. Mr. Diaz said there would be two consecutive 3-month reviews followed by two, 6-month reviews. Chairman Macias opened the public hearing at 7:37 p.m. James Reiss, 10535 Foothill Boulevard, Suite 41 0, Rancho Cucamonga, stated he is legal counsel for Mr. Davidson. Mr. Reiss stated he believed the directive from the Commission at the last meeting was an unattainable time schedule. He said he tried to hand deliver all the required documents by the July 5 deadline. He noted that there was no give and take exchange with staff that was directed by the Commission. He said it never took place. He said they (he and Mr. Davidson) understood that they were going to have an opportunity to review the modified conditions and to comment and they were never given the opportunity to respond. He remarked that the operator (Mr. Davidson) might not like the conditions that would be put into the conditions and therefore he (Mr. Reiss) believed that Mr. Buller had a pre-ordained idea of what he was going to put into the modified conditions. He said this is the starting point, "the first brick," and the record will dictate if this "case" goes to court. He said what is in the record is what the Commission would rule on. He said we heard 32 complaints, 13 at the first meeting (City Council) and 19 at the second. He noted that the operator (Mr. Davidson) had made great strides in solving the problems and things seemed to be moving forward and then the tide of the meeting was turned to advertising and marketing with Ms. Sanchez when she displayed the photographs, and the community voiced strong opinions about those photos. He contended that the photos must have foundation of the complaint but the problem is that the photographs are not related to the Margarita Beach location. He commented that Mr. Ennis made a learned opinion and evaluation about what the Code says about adult entertainment but that he is assuming the photographs are linked to Margarita Beach. Mr. Reiss emphatically retracted any link to the Margarita Beach location, that the association is untrue and the photos are not from them (Margarita Beach). He said they have no foundation, and there is not one live witness to prove anything different. He said the new photos from the FX103 website were all taken at the San Bernardino location. He took exception of Mr. Ennis' opinion in that it takes a "leap of faith" that any of the individuals depicted in the photos are performing a substantial portion of the presentation. He said no employee nor anyone being paid by the operator is doing anything related to adult entertainment. He added the Commission could consider that in their consideration but they would lose all day, and if the City is sued, they will lose all day and that the issue of adult entertainment is a "red herring." He "vehemently" denied that any such activity is going on. He said he realized what the intent was of the entire location, that in 1988, Siam Garden was opened with no license for alcohol and then about a year later they applied for a beer and wine license. He said there is an issue with the language stated "incidental" vs. "in conjunction with." He reported that when 'Skipper' took over the restaurant in 1991, he asked for dancing, a bar, DJ's, rock bands, and other acts related to entertainment. He said they had pool leagues and pool teams and they were open until 2 a.m. every night. He said he (Mr. Davidson) bought Skipper's in 1996 and at that time, 90% of his gross revenue was alcohol sales, not food. He reported that the business now has about an 80-20% ratio offood to alcohol sales. He commented that if you believe Skippers was just a restaurant with no alcohol and a couple of people waiting in the back, you are mistaken. He added that if this case goes to the City Council and then to court, this point is a critical analysis error. He said that if you go back to 1996, you have basically the same operation. Mr. Reiss contended that the only difference is that Mr. Davidson and his partners just did a better job building the business and he is being criticized for increasing the business. He said Mr. Davidson has not come to the Commission in 9 years for any changes to the conditions. He suggested that the Commission is going backwards because of the Internet photos. He stated that with the changes shown in the resolutions, such as limiting his hours to serving alcohol until only 11 :00 p.m. would shut him down and close his business. He commented that the City is buying them significant litigation and that they are not allowing due process. He said the Commission is denying him his right to due process as stipulated in State law. He said the City would be discriminating against Mr. Davidson if the City imposes these new conditions. He reported that he did an analysis of other Conditional Use Permits in town that are allowed to stay open until 2:00 a.m. He said that you have to do the same for Planning Commission Minutes -6- July 13, 2005 , everyone. He suggested that if we treat Mr. Davidson differently, "then you must have evidence in the record and that we do not have that." He said missing from the record is documentation for intervention from Police, Fire, Code Enforcement, and ABC. He said undoubtedly the same kinds of things are occurring in other bars, that people are unruly, but we do not see the Commission taking any action against them. He said the driving force is 15 residents. He commented that the problem is he (Mr. Davidson) is not breaking the law. He said his employees are embarrassed when they tell people where they work. He reported that people voiced their belief that the employees serve drinks without their shirt on. He said the employees say, "I don't do that, this is a neighborhood bar." He said he is submitting for the record a petition signed by the patrons of Margarita Beach stating they will abide by every requirement, but that they already follow the requirements and they are following the law. He said they already addressed the problems in the neighborhood, but that was not good enough. He reported that Mr. Davidson proposed to add money to his kitchen, open at noon and make it more of a lunch place. He said if they close at 11 :00 p.m. it will end his business. He said you have to have a ladder of discipline. He said this is not a ladder of discipline and that we know that the bar business depends upon hours of operation. He stated that "if you want Rancho Cucamonga to be an 11 :00 p.m. closing time then do it, but you better do it for everybody." He remarked, "if you treat Mr. Davidson differently that it is against the law, that this is not due process and you do not have the evidence in this case." '. Briane Brinca 25715 Van Leuven, Loma Linda, stated she is an employee of Margarita Beach. She read into the record the premise of the petition signed by 600 patrons of Margarita Beach supporting the business operation. It reads, "Petition to City of Rancho Cucamonga Planning Commission. I sign this petition in support of Margarita Beach. I urge the Planning Commission to work with Margarita Beach and not to revoke or restrict their permits to operate. I personally agree to support Margarita Beach by only parking in the Margarita Beach parking lot, to exit quietly when I leave and to never park or drive in the nearby neighborhood. I have never witnessed any activity at Margarita Beach that could be considered Adult Entertainment as defined by the Development Code - Adult Cabaret -A nightclub, bar, restaurant, or similar establishment during which a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on "specified sexual activities" or by exposure of "specified anatomical areas"...(it continues) Margarita Beach is not a strip club. It is a Bar & Grill that offers clean fun, dancing, good food and drinks in a safe environment. She stated she is a graduate of Cal Baptist University and has been an employee of 3 years. She stated her job at Margarita Beach helped her get through school. She said over half of the females employed at Margarita Beach are college students and 2/3 of them are single moms. She said the company has had a positive influence in their lives. She continued at length, giving examples of the lives of employees and their personal pursuits made possible by their employment at Margarita Beach. She said without Margarita Beach, many people would lose their main source of income. . Chairman Macias interrupted Ms. Brinca and asked her to address the issues brought before the Commission tonight and on the conditions being reviewed. He directed comment to Mr. Reiss that her presentation is just part of his (Mr. Reiss') continued presentation for the applicant, noting that it is just simply public testimony and if that is the case, he might as well just opening the public hearing for general testimony. Jim Reiss, legal counsel for the applicant, said that the critical component of the resolution is an hour change that would result in the closure of the business, and that he believes the public, including the employees, should be able to testify to its impact. Chairman Macias asked that it be specific in regard to the impact, that the Commission is not concerned with her background or her education, but in her comments regarding the new conditions. Mr. Reiss replied that the person is just trying to elicit who they are. Planning Commission Minutes July 13, 2005 -7- - Chairman Macias replied that could be done by giving their name and a few sentences and to get specifically to the issue at hand, which are the new conditions and the staff report. Ms. Brinca said she is trying to show the opportunities and things that have come about as a result of her employment at Margarita Beach. She thanked Mr. Davidson for the opportunities there and has been a fair owner, an active member of the community and she has seen his generosity to his family and considers him a friend. Commissioner Fletcher asked if she is currently employed there, what her position is and what a sex shot is. Ms. Brinca said she currently works there as a bartender. She reported that it is a mix of ingredients including vodka and peach, it is a drink. Commissioner Fletcher asked how it is served. Ms. Bianca replied that the glass is placed on the bar, it is not poured or anything like that. Chairman Macias said the public hearing is open including the continued presentations of those testifying for Margarita Beach. Joan Robinson Shanks, 547 West 13th Street, Upland, stated she has been an employee for 9 years and has worked for Mark Davidson for 16 years. She remarked that she finds the reference to Margarita Beach as a strip club, offensive (from a newspaper article). She mentioned that "Pat," a resident of the mobile home across the street, who offered testimony at the prior meetings, was offered double pane windows by Mr. Davidson to mitigate the noise. She said she went over to her mobile home to assess the noise factor. She said Mr. Davidson is fair and honest. She said her job has helped her to raise 6 children. She said this is how she has earned her living and raised her kids for 16 years. She presented materials from their food supplier to the secretary for the file. Chairman Macias again reminded those testifying to focus on the issues at hand. Romeo Raum, 8990Alta Loma Drive, said he has worked for Mr. Davidson for41/2 years. He said he began as a bouncer, and then became a bartender, then a manager, and now he is a co-partner at the San Bernardino location. He continued with his family background. He said Mark has been "slammed" personally and he is not as he has been portrayed. He said he has never witnessed as a manager the allegations of urination, sex, loitering and ice chests on the neighbors' lawns (for the last 1 1/2 years). He said it is part of his duties to walk the neighborhoods at the beginning of the night and the end of the night. He said as a manager he has never had a complaint from the neighbors. He noted that he finds the allegations of the business being an adult cabaret or strip club offensive and that the article published in the newspaper was insulting and embarrassing. He said "we are a restaurant and bar," there is no stage with a stripper pole, they do not give 'lap dances', there is no stage." He presented the manager's checklist which indicated his daily routine for checking the premises: 1) inspect front of building and back lots and residential area for trash, 2) 8:00 doorman checks front and back lots, front of the building, and the residential area and also places orange traffic cones on Ramona Avenue. He said no cones are placed on Estacia Court. He presented photographs indicating where the cones are placed in front of 8990 Ramona Boulevard and in front of the gas station and Ramona Market. He said these are placed at the request of "Rodney" and Ed Sanchez, both residents in the neighborhood. Chairman Macias asked Mr. Raum to make his concluding remarks because of the 5-minute time limit. Planning Commission Minutes -8- July 13, 2005 ~ ~ Mr. Raum presented the residential security log that indicates another check of the neighborhood, a list of acceptable non-patron cars in the parking lot and a list of any cars that were turned away on a nightly basis for the last 3 months. He noted that in the case of potential fights, the doormen are trained not to place themselves in the middle of a confrontation. He reported they are trained to notify the person that they cannot park in the residential area and if they do, "they will not be admitted to our club." He said when they ask people to leave it is usually the people that live in the apartments. Chairman Macias again reemphasized that the Commission is aware of all the issues including parking, regulations and attempted enforcement. He said that the concern is about the new conditions. He added that everyone here is a good person. He said we have already had full public hearing on all these issues; the Commission is well apprised of those issues from both sides. He asked those testifying to limit their comments to the new conditions being presented tonight. '. Wesley Hall, 11680 Mount Sterling Court, Rancho Cucamonga, said he has worked with ,Mr. Davidson for 3 1/2 years as a partner at one of his venues and that he oversees all the entertainment for all 3 locations run by Mr. Davidson. He mentioned that he worked at Black Angus as an entertainment coordinator for 8 years. ChaIrman Macias asked how much time he spends at the Margarita Beach location on a weekly basis. Mr. Hall indicated that he does not spend any time there, that he oversees the marketing and promotions for the location and he produces the flyers and works with the website. He produced promotional materials from other businesses in the area that he alleged are in violation of their entertainment permits. He asked if the Commission is going to condition all the other businesses to go out of business on their first violation or if they are going to go in that direction. He presented typical flyers of several restaurants and bars including Carlos O'Brian's, Bobby Magee's, The Branding Iron, Coconuts, etc. and that each depicts a girl and a drink special and that they serve food and have entertainment. He said Mr. Davidson is very conservative. Commissioner Macias asked what Mr. Hall's point is. Mr. Hall said "a girl, the drink special, the visual; you guys are making mention of adult entertainment, this is just the standard in the business." He remarked that, "this is how everyone promotes their business." Commissioner McNiel asked of the flyers presented, how many are located in Rancho Cucamonga. Mr. Hall replied, "one, Twins." He said Dean's is in Rancho and has no entertainment permit but they have Karaoke; Hide Awhile has no entertainment permit but they have Karaoke. He said in reference to something mentioned atthe last meeting. He said because they have a picture of a girl in a bikini on the flyer does not mean that you would walk into the club and see girls in bikinis. He added that the business called Knockers, although they use the word 'knockers,' does not mean you will go in and see women's knockers. He showed a flyer from Twins, which indicated a "Pimp and Ho" party, and "Bikini Tuesdays." He said their campaign is aggressive. He commented that they were voted the number one club in the "I.E." and they are a restaurant and a bar. He said these flyers are distributed throughout the community. He said you see a ton of boobs and G-strings on these flyers. Chairman Macias asked if he is presuming of the circulation of these flyers in the community. Mr. Hall said yes, he presumes they are all over and that the one for Twins came from 24-Hour Fitness. Planning Commission Minutes -9- July 13, 2005 - < Chairman Macias stated he goes there everyday and has never seen them. He then asked if Mr. Hall's point is that this type of advertising is the industry standard. Mr. Hall said yes and it is local, here in Rancho. Commissioner Fletcher asked if it is specifically with bars and nightclubs. Mr. Hall said yes bars, restaurantlbars, yes. Chairman Fletcher asked if he means bars and nightclubs that serve food. Mr. Hall said restaurant/bar/nightclub, yes, absolutely. He admitted, "Two wrongs don't make a right." He asked if there is a ladder of discipline of what the Commission does when a business violates something on their permit. Chairman Macias said he did a good job of demonstrating what everybody in the industry is practicing, and in some cases, here in Rancho. Jose Samboline stated he is the co-owner and business partner in charge of marketing, advertising radio and the website. He said Mr. Davidson is not involved in this aspect of the,business. He said he contracts out the design and oversees the process. He said people need to put the photos and flyers into the proper context. He said the new conditions are based upon this perception. He said it is a question of what the materials mean and how they are perceived. He indicated that much of what is shown on the website, LE. Party.com, focuses on the late night portions of 3 separate businesses. He said the goal is to advertise events. He said they draw traffic from the photos and most are very generic. He claimed that the offensive photos presented to the Commission are only a handful of many photos, most are of just friends. He said the photos were chosen to give the most negative impression. Mr. Samboline said photo #1 just shows a girl dancing in her Halloween French maid costume and that she does not appear that way everyday. He said they are pictures of isolated events that only happen periodically. He continued and said picture #2 depicts a tongue near a girl's breast. He admitted it is in bad taste and shows poor judgment allowing them on the website, but it is not adult entertainment. He added that picture #4 shows two girls kissing, he responded with, "so-what"! It is nothing associated with adult entertainment. He said pictures #5, #6, and #7 are in bad taste, but they are just "hamming it up" for the camera. He noted pictures #8 and #9 are taken of girls in "booty shorts," and contain no nudity, the pictures focus on the girl's rear end, it is in bad taste and poor judgment and isjust "locker room humor." He admitted it is offensive to some but taken out of context. He added pictures #14 and #15 are of people just hamming it up for the camera. He said picture #16 is the "pasties" picture. He commented that this was her Halloween costume and he did not know how she came in the door. He suggested that perhaps she was covered with a jacket, shirt or a boa when she came in. He said he would not try to justify the picture, and this picture is wrong, it should not be there, but he said it is important to understand the context in that it does not depict a daily occurrence, only a slight bit of nudity. He said #17 indicates a smoking violation and it was cited and paid and the situation is rectified. He admitted that some pictures are in bad taste and are poor judgment and locker room humor, but it is not illegal or adult entertainment. He said most of the pictures did not occur at the Rancho location. He noted that for the 9-year anniversary party they did advertise with an a'ggressive drink special. and that is only to create business at slower times of the day. He commented that just because the advertising shows a bikini clad girl does not mean the customer expects to see a bikini clad girl inside the business when they go inside. He commented on the flyer that mentions a "sex shot." He said that in the staff report Mr. Davidson has not identified sex shots. He said it is slang for a drink called "sex on the beach." He said this drink could be ordered at many restaurants. He said no nudity is involved; there was no simulated sex act and no interaction between employees and patrons. He said there is much double entendre for the names of drinks with sexual overtones, and it is very common. He said Margarita Beach has a history of cooperation and willingness towards Planning Commission Minutes -10- July 13, 2005 --- working with the City and the neighbors. He said they are trying to solve the problems. He noted that closing the. business at midnight essentially shuts it down for good. He said the revenue created after midnight would be the difference between success and failure and if the hours are reduced, it reduces their ability to create income and to stay alive. He asked the Commission to reconsider the harshness of the restrictions and to return to the more reasonable conditions proposed at the last meeting. He commented that the activity of the business next door (Twins) is overlooked and it is more negative than what Margarita Beach is doing. He asked where the equal enforcement is and that this is clearly a "borderline case." He added that it really is not that bad, it is being taken out of context. Mr. Davidson approached the lectern at 8:33 p.m. Mark Davidson, 9950 Foothill Boulevard (owner of Margarita Beach) stated this is his fifth meeting regarding the operation of his business. He said he understands this is a continuation of the previous hearing, but that he feels the Commission is cutting everyone short. He claimed he has been "trashed" for almost 10 hours and he requested the courtesy to not cut him short. He said the initial strategy was to focus on correcting the problems and to stay positive. He said he is being given 5 minutes to be positive. He asked where the due process is, that he is confronted by neighbors who lie and make up stories and then he was not allowed to see the evidence in advance, that most of the incidents were isolated incidents, the accusers made gross statements, that he cannot rebut and that he only has 5 minutes. He said he was given less than 24 hours and 18 hours to respond. He asked for due process. He said the Planning Commission did not ask one question of Pete Ortiz (Police Chief) who knows what he has done in the way of improvements. He noted Mr. Buller was directed to have dialogue with him and Commissioner Stewart said he had earned the right to that. He claimed he sent four e-mails and none were answered. He referred to Mr. Buller's remark at the previous meeting in which he stated there would come a time when "he would engage" Mr. Davidson and that did not happen. He said Mr. Buller went on vacation and Mike Diaz was too busy to talk to him. He said Planning Staff changed the wording in the Conditional Use Permit. He stated that in the Entertainment Permit, the term "incidental" does not exist. He asked for the ladder of discipline i.e., where is the punishment or fine. He asked if the goal was to work and solve problems. He asked what it says to the business community. He remarked that he was willing to cooperate, to address the problems. He said he did address them and then it would change. He said there is no evidence from the Police and that all the neighbors said things have gotten better. He commented that he has been under a microscope for 5 months. He noted that the Police calls for service has been cut down to 2 and that he "did a helluva job" taking care of the problems and then it turned into a moral issue. He said his opponents threw a bunch of stuff on the wall to see what would stick. He said they are not engaged in adult entertainment, that there is no substantial amount of time engaged in those activities and they do not hire performers. He claimed the Conditional Use Permit has been re-worded to say the entertainment is incidental to the restaurant and bar...He noted, "Nowhere does it say that." He said he had a conversation with Mr. Sanchez in which Mr. Sanchez said it is not about the problems in the neighborhood, but about the nature of the business. He said Mr. Olsen said it is his goal to put Mr. Davidson out of business. He asked how he should respond to that. He remarked that the neighbors never acted in good faith and that they have caused irreparable harm to his business in his attempts to meet their moral standards. He said Mr. Olsen would keep fighting to close him down that he is not going away. Mr. Davidson said he would fight forever for his business. He said the neighbors are extremists, and liars, and the flyers are on the street. He said the 14 suggestions submitted by Ed Sanchez are extreme and some are not even legal. He said we should make it the same for everyone. He. said he tried to be nice, "but what did it get me?" He said he is being conditioned out of business. He read an e-mail sent to the City into the record. He said he would be willing to do 3 things to improve his business: 1) put $20,000 into remodeling the kitchen to promote food sales, 2) lengthen the hours of operation to help make it more of a lunch place and 3) add a restriction that does not allow a cover charge. Mr. Davidson said he would challenge the neighbors to make their statements Planning Commission Minutes -11- July 13, 2005 '. - , under the penalty of perjury. He said he would challenge the City to charge him with operating an adult entertainment business. He said staff failed to follow the instructions of the Planning Commission, that they were told to work out the conditions and that Mr. Buller had an obligation to talk to him. He said Mr. Diaz never responded to his e-mails. He set out a challenge for staff to explain the difference in the words in the entertainment permit and the CUP/incidental entertainment. He offered a suggestion of a fine or suspension. He said he is angry and upset and that his employees are in danger of losing their jobs. The record indicates that Mr. Davidson spoke for 20 minutes. Jim Olsen, a neighboring resident, commended the Planning Commission's recommendations and said they would force compliance from Mr. Davidson and the enforcement of the City. He said he still has concerns with the Entertainment Permit, that Mr. Davidson has not complied with either the Conditional Use Permit or the Entertainment Permit and that he has behaved badly in regard to the smoking violation. He said the City should revoke the Entertainment Permit and the Conditional Use Permit as stated in the Municipal Code 5.12.100. Ed Sanchez, 9869 Estacia Court, said there is a consensus among the neighbors that they do not have a problem with the modified Conditional Use Permit but they do have a problem with the Entertainment Permit. He stated that Mr. Davidson is still holding promo events. He asked that in regard to the website, what would a "reasonable person" think in viewing those photographs. He said he wants the Entertainment Permit revoked. David Mosher said he lives behind Margarita Beach. Chairman Macias said he has been made aware of the material Mr. Mosher wishes to present. Commissioner Fletcher asked when the video was taken. Mr. Mosher said a few weeks ago around 2:00 a.m. Commissioner Fletcher asked why was he taping, and if he was being disturbed. Mr. Mosher said he heard loud noise and that he did call the police on June 22 because of a disturbance. Chairman Macias asked if on the night he took the video and again on the 22nd, did he call the police and did they come. Mr. Mosher said he called and they did not come. He said he spoke to dispatchers Amy, Ed, and Tina. He reported that he also called on July 10, at 12:00 midnight, 12:40 a.m. and again at 2:30 a.m. He said he called the police three times. He submitted a noise log and still pictures taken from the video. Chairman Macias reiterated that our purpose for this hearing is to address the conditions in the resolutions and that his testimony is redundant. Chairman Macias asked Sergeant Morrison to address the Commission. Sergeant Paul Morrison said it is the department policy to respond to any call at any time. He said he went to his house, gave him his card, asked him to call if he had any problems and he never received a call from that family. He said that he had to check as to recent calls for service. Commissioner McNiel asked what reports he has on hand. Planning Commission Minutes -12- July 13, 2005 .;.- Sergeant Morrison said he had breakdown reports dated March 17, and February 2,2005 and a report that covered the period of March 22 through June 7,2005. He said he did not have anything more current that that. Commissioner Fletcher asked if there are any other locations in town that bother or disturb the residents or experience this many problems. Sergeant Morrison said there are several that could cause disturbances in this town. He said there are some similar type businesses that do. Jean Mosher, 8026 Cambridge Avenue, reported that on the same night as the last Planning Commission meeting (June 22), they experienced a lot of noise coming from the open back door of Margarita Beach. She said the police came several days later. She said the officer assumed she was lying although he was friendly and nice. She indicated she is reluctant to call the police if it is not a life-threatening situation. She said they experienced the same thing a few days later. " Chairman Macias asked if this is a common occurrence. Mrs. Mosher stated it is. Chairman Macias asked if she thought the modified conditions would make the situation better. Mrs. Mosher said no because of the nature of the business, they are drunks and you cannot control them. Chairman Macias asked if the disturbances have continued. Mrs. Mosher said they have and she called the police recently at about 2:00 a.m. and spoke to a dispatcher. She said she asked the dispatcher how to file a formal complaint and the police never came. Vicky Scimone, 5016 Pasito Avenue, said she read the report and agrees with the limitations on the business. She said although the Commission stated this is the first time this was brought to their attention, that is not true. She said this is no surprise to Mr. Davidson. She said she is sorry about how this may affect his employees. She said she only cares about what happens in front of her house, not what goes on inside the building. She said she was previously a waitress at Red Robin. She commented that they have a bar and it was never advertised in that manner and this is not what a normal restaurant does. Chairman Macias closed the publiC hearing. He commented that we have heard the numerous issues and both sides. Brad Buller referred to page H-11 and H-12 ofthe agenda packet where the reference to incidental sales is made. He said in section B.2.(b) of the Resolution on page H-11, the original Conditional Use Permit Resolution of Approval 88-242 states, " The application is for the incidental sales of alcoholic beverages as menu items in conjunction with the sales of food." He said that was the original intent for the approval. He said Mr. Davidson correctly identified the term in the conditions "in conjunction with." He added that the original approval also stated the closing time would be 11 :00 p.m. He said the following modification expanded the hours and the entertainment. He remarked that we went back to the original use on the property. Mr. Buller apologized if there was a lack of dialogue between the applicant and staff. He stated it was his intent there be dialogue. He remarked that at the previous meeting he indicated that there would come a point that we had a time line to get this ready to bring back to .the Commission and discussion could have gone on and on but that regardless of the time issue we should have made some contact with Mr. Davidson. Planning Commission Minutes -13- July 13, 2005 , , Mr. Ennis responded to some of the comments made by Mr. Reiss in regard to his belief that the City is acting against the law. Mr. Ennis commented that it is not discriminatory or a violation of due process to impose restrictions on his hours of operations. He said Mr. Reiss contends that if other businesses can operate beyond these hours then it would be discriminatory to limit Mr. Davidson's hours of operation. He noted the many hours oftestimony/comments regarding the impacts on the community, specifically the late night impacts. He said the Commission could weigh the evidence, believe or reject the evidence in part or in its entirety presented based upon the assertions and the denials made by the applicant. He said regarding due process, that the issues before the Commission have been presented over the course of several public hearings and that there have been multiple opportunities for the applicant to present information and for rebuttal. He noted that between he and his attorney and their representatives, they spoke for approximately 1 hour and 15 minutes. He said the agenda packet contains a letter from the applicant in which the applicant responds to the information presented at the last meeting. He added that he does not believe the proceedings or process has not violated their due process rights, and that the Commission has given them a fair and adequate opportunity to respond. He said regarding a "ladder of discipline," he said there has been information regarding official intervention and official response to incidents occurring at the sight such as the code enforcement smoking violation. He commented that the applicant has indicated that there is nothing in the record to support the conditions imposed or proposed by staff. He noted that there is much testimony and evidence in the record and that the Commission should weigh the validity of the evidence and that they have adequate evidence on which to base their opinion. He reported the conditions being imposed merely require the business to comply with existing law as it pertains to adult entertainment. He said this business has a specific type of license that requires it to be a bona-fide eating establishment and certain restrictions for attire for both customers and employees as outlined in ABC law. He noted the conditions ensure they comply with those laws already in existence. He added that the questions and issues were raised as to whether this is being operated as an adult business. He said no conclusion or determination has been made. He commented that if the City's Code Enforcement believes it has risen to that level, and then they will proceed. He said although the applicant denies that the photographs are from this location, there are conflicting statements in relation to that. He noted that Mr. Reiss acknowledged that 9 of photos are from the Margarita Beach location. He said the co- owner at one point made comments that there is no evidence that they came from this location and then conflicting comments were made stating they were of some special events at that location. Commissioner McNiel noted that counsel clarified many of their concerns. He re-stated their purpose in dealing with the neighborhood problemslimpacts. He remarked that the advertising presented by Mr. Davidson and Mr. Hall remarkably is the industry standard. He asked what it says about us (inferring the City as 'us'). He noted that Mr. Reiss indicated there is no evidence and that it is a "red herring." Commissioner McNiel indicated there is substantial evidence upon which a judgment can be made. He referred to Mr. Samboline's remarks regarding the website photos and responded that "bad judgment" is something you correct and "locker room humor" is something that should stay in the locker room. He said he read the conditions and he supports them as presented by staff. He added that the Commission is charged with the "maintenance of community" and that it is important that they do that. He remarked that they have not done much with the ''Twins'' operation because they have not received a lot of complaints about them, but he suggested they start that process. Commissioner Stewart asked Mr. Buller for clarification regarding any dialogue that may have taken place concerning the conditions in the draft resolutions. Mr. Buller stated he was out of the office for two weeks and was not privy to the conversations that may have taken place prior to the report being sent out. He deferred to Mr. Coleman and Mr. Diaz to respond. Planning Commission Minutes -14- July 13, 2005 ----- > Michael Diaz stated that Mr. Davidson is correct in that he sent several e-mail messages that were in turn forwarded to other staff members. He stated he also had several phone conversations with Mr. Davidson's' attorney in which his requests for an accounting of all similar Conditional Use Permits and Entertainment Permits be provided. He said it took a considerable amount oftime to pull up those permits for their review. He noted that the same request was made by the residents. He apologized that the e-mail referred to by Mr. Davidson did not get into the report with the many other exhibits. He said there was some dialogue going on in the midst of preparing the report and communicating with the attorney. Commissioner Stewart asked if there was any interaction with Mr. Davidson specifically related to the proposed conditions related to the hours of operation or anything else in the resolutions. She asked if he had input, or if he had a "say" in those conditions. Mr. Diaz said specifically regarding the conditions, "no." He said they were writing them up until the last minute prior to the packets being produced and that it would have been premature to discuss things that had not been written yet. He commented that the residents had asked for the same information and that they also did not receive anything because staff was still preparing the resolutions. . '. Mr. Buller stated he communicated with Mr. Coleman and Mr. Diaz prior to his absence from the office. He remarked that there was no preconceived idea as to how these conditions would evolve after their two-week dialogue. He instructed them to work closely with the attorney's office. He said it would have added another two-week continuance or more to send it out again to both sides and to again wait for their response. He said there was time for either side to bring suggested modified conditions prior to tonight's meeting for their consideration. Commissioner Stewart commented that she has found staff to be comprehensive and responsive in the past. She noted that she had evaluated all the calls to the police. She said that although the residents state they have had problems for 9 years, she is working from the proceedings that this body (the Planning Commission) has been involved with and that these hearings are the first time this Commission has dealt with this issue and that she can only address that, not other meetings, incidents, and/or conversations that may have taken place prior to these meetings. She commented that the Conditional Use Permit allows residents to come and voice their concerns. She said this dialogue is unique to this bar that has become problematic to the neighbors. She said the issue is whether or not this business has been injurious to the public and if it can be corrected through actions/mitigations. She said she believes they can. She remarked that the resolutions go a long way toward that start point. She said regarding a "ladder of discipline," this is the first step toward that in imposing some rules and regulations that will help get control. She said she has a problem with Mr. Davidson not being given an opportunity to respond to and offer suggestions to the conditions in the resolutions. She said she disagrees with Commissioner McNiel in that she feels the restriction of the hours could be problematic and would impose difficulty for this type of business. She said most of the conditions are appropriate. She commented that if the only issue is the hours of operation then they could discuss it and move forward tonight. She said otherwise she believes Mr. Davidson is owed the opportunity to respond and correct the habits of his business. She said these things can be mitigated. She noted that the people testifying tonight that made the complaint have indicated things have gotten better. She said it is not her goal to shut the business down but to mitigate it and to make it a working productive business in the community. She said if there are other significant issues that need to be addressed then it should be brought back after another two- week period or longer so that the conditions can be looked at and open dialogue can take place. Commissioner McPhail commented that she appreciates the thoughtfulness of her collegues. She said the Commissioners are not a law enforcement body and that they appreciate the service of those who are. She also thanked the Planning Staff for their informative package. She said the Commission is there to address the land use and that they are not an enforcement body. She Planning Commission Minutes -15- July 13, 2005 .' emphasized that they are to determine what is in the best interest of the community. She said the question is not one of morals, but only to determine if that business is appropriate in that location. She said it is not reasonable to have cones in driveways and calls from the neighbors. She said she is not convinced that operating under the present conditions is appropriate. She said closing the business at midnight is not unreasonable for a restaurant venue. She said the changes in the conditions would mean changing some things in the business but that it could be done in a management savvy way. She echoed Commissioner Stewart's concerns regarding the lack of dialogue. She said she would consider another shot at dialogue but that she appreciates the resolution with the conditions as presented. Chairman Macias asked for clarification and if she is suggesting a continuance. Commissioner McPhail said she would not want another public hearing with a continued rehash of the dialogue. Chairman Macias asked if she would support it if it were just with staff and the applicant. Commissioner McPhail said she would if there was a revised set of conditions or not if the rest ofthe Commission is open to that. Commissioner Fletcher said simply that this business is disturbing the neighbors. He noted the activities shown in some of the pictures is not normal activity found in a restaurant but is normal activity for a bar in Cabo (San Lucas) or a spring break promotion. He said he has nothing morally against a promotion but that when people get drunk it is going to be a problem for the neighbors when they leave the bar and go outside. He said the main issue is that the CUP is not for a nightclub or a bar. He said he is not out to close down the business or destroy Mr. Davidson's livelihood. He said if the residents having a right to peaceful enjoyment of their property has to be weighed against an individual's right to run a business that is objectionable or is causing the residents a problem, then the residents will always win. He said it is up to Mr. Davidson to temper what goes on at this location or condition it to what it used to be which was a restaurant with incidental entertainment that serves liquor. He said we do "not have revolts and upset citizens coming out on the other businesses. He remarked that we look at one permit at a time. He mentioned that it was disturbing to hear that Mr. Davidson was asked to voluntarily comply with the smoking ordinance and to move ashtrays outside and he refused. He reported that he looked atthe website prior to the pictures being presented to the Commission. He said the impression he got from reviewing the site was that the pictures shown represented what one would see at the Margarita Beach Rancho Cucamonga location. He said it was insulting to a normal person's intelligence and that as Commissioner McNiel pointed out, borders on false advertising. He said the hours of operation in the new conditions are a problem for him. He said none of the conditions changes what goes on at the business, the owner will have to change that. He asked for clarification on the hours of operation. Mr. Buller clarified that staffs position is that alcohol would not be served after 11 :00 p.m. and that the business would close entirely at midnight. He explained that the restaurant and entertainment could remain until midnight and stop the serving of alcohol at 11 :00 p.m. He said this would be something the Commission could dialogue about. He remarked that if it is opened up to Mr. Davidson he would have one idea and the residents would have another. Commissioner Fletcher said he still has some concern about the hours of operation. He remarked that he does not believe it will make a difference. He said the CUP is for a restaurant but essentially what he has is a nightclub. He said his promotions are consistent with a nightclub and that he felt it needed to revert back to the original intent. He expressed concern that the owner was not given an opportunity to discuss the hours. Planning Commission Minutes -16- July 13, 2005 . 7 Chairman Macias stated that he does not have an issue with the marketing schemes but that it is an industry standar~ for a certain type of use and that it is likely to invite that kind of clientele. He said he fully believes that it is a nightclub and not a restaurant. He commented that he believes staff was negligent in their duties in that they did not fully pursue the direction that Planning Commission gave to have dialogue. He commented that his board would not have accepted what he heard tonight. He said that he does not believe that anything would have changed even with dialogue and that if it was opened up for more comment, that we would have heard more of the same. He said he believes staff made a legitimate attempt to mitigate the situation and that the resolution attempts to do that. He said the Commission has 3 months to review the situation and that we can change things if needed at that time. He suggested they act upon the new conditions that they have. He remarked that there is enough community concern to warrant what staff has proposed. He said he fully supports what they have proposed. He asked for a motion. Motion: Moved by McNiel, seconded by McPhail, to adopt Planning Commission Resolution No.s 05-50 and 05-51 modifying the conditions to Conditional Use Permit 88-45 and Entertainment Permit 91-03 as presented. Motion carried by the following vote: AYES: FLETCHER, MACIAS, McNIEL, McPHAIL NOES: STEWART ABSENT: NONE - carried '. **** The Planning Commission recessed at 10:08 p.m. and reconvene a **** D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW - DRC2004-0 CECIL CARNEY - A request to develop eight industrial buildings totaling 48,048 squ eet on 3.35 gross acres of land in the General Industrial District (Subarea 2), located on south side of 9th Street, east of Lion Street - APN: 0209-013-48. Related File: Tent. Parcel Map SUBTPM16899. Staff has prepared a Negative Declaration of environ ntal impacts for consideration. I. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCE P - SUBTPM16899 - CECIL CARNEY -A request to subdivide 3.35 gross acres ofl into 8 parcels in the General Industrial District (Subarea 2), located on the south side 0 th Street, east of Lion Street - APN: 0209-013-48. Related File: Development Review C2004-00981. Staff has prepared a Negative Declaration of environmental impacts for sideration. , stated he is representing the applicant and is available Louis LeBlanc, Assistant Planner presented the sta Chairman Macias opened the public hearing. Steve Wheatley, 10300 4th Street, Suite to answer any questions. Hearing and seeing no comm , Chairman Macias closed the public hearing. Motion: Moved by St rt, seconded by Fletcher, to adopt the resolution approving Development Review DRC2004-00 and Tentative Parcel Map SUBTPM16899 as presented with the adoption of a Mitigated Ne e Declaration of environmental impacts. Motion carried by the following vote: AYES: FL HER, MACIAS, McNIEL, McPHAIL, STEWART NOES: E ABSENT. ONE - carried July 13, 2005 / . ,'< Petition to City of Rancho Cucamonga Planning Commission I sign this petition in support of Margarita Beach. I urge the Planning Commission to work with Margarita Beach and not to revoke or restrict their . permits to operate. I personally agree to support Margarita Beach by only parking in the Margarita Beach parking lot, to exit quietly when I leave and to never park or drive in the nearby neighborhood. I have never witnessed any activity at Margarita Beach that could be considered Adult Entertainment as defined by the Development Code. ADULT CABARET A nightclub, bar, restaurant, or similar establishment during which a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on "specified sexual activities" or by exposure of "specified anatomical areas"... Margarita Beach is not a strip club. It is a Bar & Grill that offers clean fun, dancing, good food and drinks in a safe environment. i . , NAME &ADDRESS ? { . f$;)flftJL s~(-.::: S' a. 3.~ ~~~ - ~7TIl 4. ~te.( D ~~ ~2d")MlIVV{r>~1 (7J? d 5. )fI.w i ~y (jL~ ~c.<.1! 'f h?d 6. 7. 8. 9. 10. II. 12. 13. 14. 15. .,16. 17. 18. 19. . 20. i , , , " 2. 3. 4. 5. 6. 7. 8. 9. ' 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Si na ure , On, 11 & d/3 /;ollc,r~ L, M t-dM?< 12 ~o 0 H.U (I _ " - ~ L ft1ef K:V~)(,rt I. n u 14.rv roo//. ~t. G.. 15. 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'17 7 .?2<:c, ....V5"T7JJ :/M{ ()k;4..0D ~ ?/7~c:;, "33l{ L- ~~ ( /..,,- ~ u+61t 'l7Cf IOg/~ shtvo-ri -4 e1 Cc,. .$"~ ~ 10)i "l1cRJeH J7~ ;(C(f;~ 4.1. s~ 1\ {~e7o - (?4'P;li ~1~". . f),e..,.,----- <IV- b~ e.. ~""Ot1 Ave.. d, A<-rl4 f..,...., eA ? 170 I ?7#t.?(dc5 c:!rm""yt~.... J~? & v<&..ri A/t/o~ Ac_fC ~ ~ /&/3 5 ~,..d/~hf41. l.t1.(~1 J '1-. G4 010 3300 w. ~(UDb H1lLS (lit 8"z. ~ l...> ~<C-'IV C-v~v4~ . , Si nature I. 2. 3. ~ ./ ~ 5. 6. 7. 8. 9.~ 10 II. 1 13. 14. 1 . 16 17. 18. 19. 20. NAME &ADDRESS 2 S <". "'\.o C. Ut.OI....\)I\\.~ enwtlf'.lw hl.lfJo-#''( I ~ k~ c 3320 clover . ( -'1. <",rrr; e:.~,^,,- , , ~(J(/", 1~.Ji/ ~. - Cd 9e:;;f9 0"0 . ,;:210 N. IClKE,,1 DI< .e a/6jle-S; is '9. C/ ~ ~ ,,: fB{ ~ ,','-':"i' ,",'o-C Ii ". 'j,'> HEINEKEN SAM ADAMS ROLUNG ROCK SMIRNOFF ICE BASS ALE GUINESS ""'" .... .~~~ TRADITIONAL . CADILLAC . STRAWBERRY MANGO . PASSION FRUIT . KIWI BANANA . BLUE HAWAIIAN . RASPBERRY APPLE . BLACKBERRY . BLUEBERRY CHERRY . COCONUT . WATERMELON LEMON . ORANGE . PINEAPPLE GREEN PEPPERMINT ~''''I/lI<.'' ""01,01 '.. ~" :>'in,i.. . ,~O,) 113.,200 -- ~~ BUD BUD UGHT COORS UGHT MGD MILLER UTE MICHELOB ULTRA O'DOULS (NON-ALCOHOUC) ~~ BUD BUD UGHT COORS UGHT NEW CASTLE HEFEWEIZEN I ~~ CUERVO GOLD' CUERVO 1800 TEQUILA ROSE . CHINACO SILVER SAUZA CONMEMORATIVO SAUZA HORNITOS SAUZA TRES GENERACIONES PATRON SILVER CAZADORES . EL TESORO . --~ ~~ . --~ ~ . ~ ~ ~~.MixedGrl<""". Tomatoa...... g@o _ Oliva. Mushrooms. Onions 4 Chua __" ., I~-~. ~ixl<d Gr""ns. Diced Ham and...~o~ '~'.,;; ~T",rk"Y. Tomatoa 4 Ole...... ~<~ ~ ~ ,,~~~Ixed Greens. Diced Chicke.n......~O .. ""n~~~~ma~~~~a~!':"~~,~e ~~ " '" - .~tal;;;... Blue a.......... Rand!. .,.". I. \ ~ ~ Mustard _, '?!I.'~->'. . i'" \ · 7@.{f()[J@J(j@f$ . ~ trti", ~1t.L . ~o~ ~ .:!=,!2l'b/l!J~;(~'ll. 6az Ch.cken B....ast..... ~ , ISmothered In BBQ Sau<< with A"",rican _ o.ee", u.ttuce 4 Tomato . ~ I~T.Bacon. u.ttuce. Tomato w/Maya ~o on Toasted White Bread (w/Ch""se add 5Q4:) ""~.d','nl~>'''''' '_11,_- r.iI8~ a '3rJ'j'~INJ 1~/liJSJ\ot8JiJQ........".............,............"..~ 60z Chicken Breast Marinatl<d In Terlyakl sauce with Maya, Swiss, Tomato. u.ttuce 4 Pineapple :fI1J Tu~'l. Sliced Turkey with ....................... ~ AmerIcan Cheese. Lettuce, Tomato 4 Mayo served on a Hogie Roll ~ .elll};} @M~~27J. Chicken Breast ............ ~o topped with Moyo~ Bacon. Swiss. . .~ A,V~cada, Lettuce ~nd Tomato .. ' o~ ...:hIiEJ- Turkey, Ham.J~~con. u.ttuc:c.......~. Tomato, Moyo. AmeriCClll'(I"':'-~w~.OI!-,,:roastl<d . White Bread DOubl'"Deckir:;St)Ile,f',:,,'I.. . ,~... :?~~~a~i:~~741~~~~~~~f I: ~~. ~'.'~"'~'''-'''-;:''Jl'::' ^~.. . ~":i:;''-:.~.'" Po, ._~~~~,i:.~i' - ~~ . @[/(J:!j;:!J[1f~~;~2~"~;;;" ~:";::~~-<~:*;';;;';;,:~;;':~m~n,;!:~:.,; ~ . ~~ ~t: t "#;'" I... Q . "." o. ~Wl ~2~~}wJ ................. 60z Chicken B....ast topped with BBQ Sauce. A""'rican Cheese. Bacon Bits 4 Gr""n Onions . ~.ml j),' .e.-.... "',., ;/.::1, . .. ',Q ".; ~ ~~~/f~~ ~lG~~J ................. 60% Chic....n Breast topped with SwIss. Bacon. Avocado 4 Tomato . ~ . ~ ,,,- ,':" ell-, ,,-::;;:l,... ' , Q 0.,," T~~~ ~lG~ ................... 60% Chicken B....ast Marinated In Terlyakl sauce with Swiss Cheese 4 Pineapple Rings T.~b'll:2 ~~Q.......................~~ Coo....d ta your Desire ~~ ~..~";""'''''''''''''<<'''''''''~. .' . .,"""' "'''';:ij1''''''''~~'~''-~. " ~. ~'" , ~;ot:;oII;'~iW%'';;'.s.''')!;. .~ ..~~~.' aI. o~ _!~~2;J '?i-J ~r-1~.....u.....'......... a;N ~ ; j T~~!i . qqlo~ ( '. ................................... ~ ~ ..~ ~.i''''.".. "'. qgo "...~ =~ ................................ <:;ow ;gfffJ 1~~~~i~i..I:..................... 0iJ 0. NOISE LOGS J c.~_-;;" . NOISE LOGS -------------------- -------------------- Margarita Beach ----------------------------- ----------------------------- ----------------------------- ----------------------------- Wednesday June 22,2005 ----------------------------- ----------------------------- '. Disturbance: , Loud pounding Music being heard from back of Margarita Beach, Yel ling, Cheering. Began at: 12:30 PM Ended at: 1:10 AM Action Taken: ------------------------ Wife Called Police, I Videotaped evidence of loud Music. Thursday June 23,2005 ----------------------------- ----------------------------- Disturballce: Loud pounding Music being heard from back of Margarita Beach. Began at: 2:20 PM Ended at: 1:30 AM Action Taken: -------~---------------- Tried to Videotape evidence but noise stopped before I could gather evidence, or call Police. Friday June 24,2005 ----------------------------- ----------------------------- Disturbance: Loud yelling, cheering, Laughing, heard from back of Margarita Be ach, also witnessed 4 individuals urinating in the back alleyway, one wearing a nice expensive-looking suit, he was urinating Page 1 .~~ NOISE LOGS . on the East wall of the building. Began at: 1:49 AM Ended at: 2:15 AM Action Taken: Called police, I did see them shortly afterwards. Saturday June 25,2005 ----------------------------- ----------------------------- Disturbance: Loud yelling, cheering, Laughing, heard from back of Margarita Be ach, also witnessed 3 individuals urinating in the back alleyway, one with a green haturinated against my back wall. Began at: 1:42 AM Ended at: 2:32 AM Action Taken: Called Police @ 2:21, Spoke to dispatcher "Jennifer", I also Vide otaped the individuals before they urinated on my back wall. * Tuesday June 28, 2005 ---------------------------------- ---------------------------------- Seargent Morrison's Visit (5:49pm) ++++++++++++++++++++++++++ I hung up the phone and the door bell rang @ 5:49pm. Sgt.Morrison was at the door introducing himself. He left about 15 minutes or so later. He was in uniform, but not in a patrol car, which was a smaller car, darker blueish color with a bit of green tone I think. Friday July 1,2005 ----------------------------- ----------------------------- Disturbance: Page 2 NOISE LOGS - ,~,;V ... Loud yelling, cheering, Laughing, heard from apartment in back of Margarita Beach. Called and spoke to Dispatcher Tina @ 12:19am Saturday July 10,2005 ----------------------------- ----------------------------- Disturbance: '. Loud yelling, Talking, arguing, heard from back of Margarita Beac h. Witnessed Female talking on Cellphone after she loudly said "They locked me out"! Then two guys were loudly talking and in the back alleyway for ab out-15 minutes. Called and spoke to Dispatcher ED? @ 12:40am noise continued after police stopped by until 1:20. Another disturbance 1:27am Called because of car horns repeatedly honking from Margarita Bea ch Parking lot, * loud music that can be heard because someone keeps opeing and cl osing the back Door (The Emergency Exit) was on hold for a while and didn't get connected to a Police Disp atcher. Another disturbance 1:45am My Wife called again to complain about loud yelling, cheering, an d cars peeling out of the parking lot, she asked to file a formal complaint against Margarita Beach and Dispatcher "Amy" told her that officers would come over to wr ite up the report, they NEVER came over, and the noise continued until about 2:30. Page 3 i:",- ~ i P j ri1gt: 1 U1 1 , <, file://C: \ WINDOWS\Desktop\Margarita%20Beach%20Pics\Guys4.jpg 7113/05 -~... ....~ , ~ p -~ .... -0- ~ ~- ~ file://C: \ WINDOWS\Desktop\Margarita%20Beach%20Pics\Guys 1.jpg 7/13/05 July 13, 2005 Planning Commission: I would like to commend the Planning Department on their evaluation and recommendations (Resolution 05-50) made since the last meeting of the Planning Commission. The proposed recommendations will force compliance with the Conditional Use Pennil issued for Margarita Beach. Furthennore, Ihere are severe consequences for non-compliance. The Conditional Use Pennit for the business was and is for a restaurant with incidental sales of alcohol. The recommendations from the Planning Department will force both strict compliance by Mr. Davidson and stringent enforcement by the City. I strongly urge passage of these recommendations found in Resolution 05-50 by the Planning Commission. The Planning Department also provided proposals and amendments to the Entertainment Pennit (Resolution 05-5\). I have serious concerns in regards to the renewal ofthe Entertainment Pennit. Mr. Davidson has had a long history of violations and non-compliance with both the Conditional Use Pennit and the Entertainment Pennit for MararitavillelMargarita Beach. He has been unable or unwilling to comply with the basic tenets of one, let alone both pennits. As previously demonstrated through both testimony and evidence, Mr. Davidson has behaved rather badly in recent years. The latest example of this is his blatant disregard for both City Codes and State Laws regarding smoking. Bad behavior should not be rewarded. In fact, there should be severe consequences for his bad behavior. In this case, the entertainment pennit must be revoked. As I stated at the June 22, 2005 Planning Commission, according to the City's Municipal Code (5.12.100 Suspension or Revocation of Pennit) both pennits should be considered for revocation. Under Section 4, suspension or revocation ofa pennit should be considered if the pennittee has "violated any rules, regulations or conditions adopted by the planning commission or city council relating to the pennitee's business or pennit." Furthennore, Section 5 states that suspension or revocation of a pennit should be considered if Ihe pennittee has "conducted a pennitted business in a manner contrary to the peace, health, safety and general welfare of the public." Once again, violations of both of these Sections have been demonstrated through testimony and evidence. The Planning Department's Staff Report and Resolutions 05-50 and 05-51 found this to be true. As a result of these findings, I strongly urge the Plamiing Commission to revoke the existing Entertainment Pennit for Margarita Beach. If Mr. Davidson can prove himself as a responsible businessman and comply with the Conditional Use Pennit, then perhaps he can re- apply for an Entertainment Pennit at some future date. Thank You! Ttm Olson r I j , .._t \ A & A FOOD SERVICE COMPANY 1370 W. 9TH STREET UPLRND, CALIFORNIR. ~17BE-5719 . OFFICE (9091981-2980 (8001458-6736 rnx z909,~~E"23q~ INVOICE +-CIJ s t f.J:J~tl.- +---.1 n 'v' 0 i. C~! +'~'Pc:.\Q E --+-..Rt ti.-.... Bill To: 610 2694!1 I: 10 I +---.-.----.---,--..--.--.--+-~Term5-----+ MRRGRRITR BEACH I MCiiHHLY ! 876 N. MOUNTRIN ;:,lJt~.. #2tZ'J "...._.()a~e...-'.-.+. UPLAND, CA. 91786 07i~5/2005 I Deliver To: MRRGRRITA BERCH/R. C. 3950 FOOTHILL BLVD RANCHO CUCAMONGA, CA 91730 I Item 1* I Qty, I Unit.,; 201 ~, 12 .".: ... -..t: 22S-"k .-4 5 751' 4 332 '1 504 I 515 I 6070 I 1221 I 1468 I I 9649 I 8352 I 1200 I 1 1 2 4 HEADS BUNCH BAGS FLAT CARTON CARTON TUB 10# BOX CASE '. 1 CARTON CARTOi'! BOX/20# .j..-.,-,. .',_.,-'-., .-.-- ----..'T DesC"r..i pt i on f.' -';" ,t" i :: ,j t, e!isi on I 2 .j ~ 1 2 2 GREEN LEAF LETTUCE GREEN ONIONS/SCALLIONS MINI CORN TORTILLA/5 DOZ. TOMATOES/4X5 SIZE LEMONS/95 SIZE CHOI CE LIMES/LRRGE SIZE 5 LB TUB SOUR CREAM HAMBURGER PATTIFS-3/1 FRZ CHIX BREAST-SKI~CESS16 02 9 POUNDS ' PLATE/9" UNLAMINATED FO,lM T PINEAPPLE JUICEIl2 4<:' 02 GROUND BEEP-2/10 LB 1 _ j~~ O::t I : ;:~~ id:~, ! '-J). !~4 1.76 1. ';:"j.:; Eh if' .:~3.45 .:::.3,87 ~::::5. 9~) 17. '3~1 5.65 17. r:Jli1 I lB. 615 . 18. 95 i .~ 18.65 I I C,7.90.:>1 7c;.40 'I 2:t). :20 I . . -----------------------------------------,------.---..---.------------,.-------,---.------- Sub Tot,?l: .34('. 75 '-r ..".- --,-----,,------1- TaXc?ble~~ 18.65 Hi11~e~ 7."i'"~i: T;:..:"~ Milk e,'ates del. ~_.;"/U~~-)_-.~..-..-.~-- )",,01"" -: uC"d:~. ..::~::~.._~~_.+ Signature: X . ;7"/") ~) __________..-c.___ Time 0(.EY7'Y: ~:..O:L ant (1~ Past due a<count~~~ubj'ct to intere,t c~rge of l-I/~ per lonth, .a.ilul 18~ per annul. Soyer a9~'es to pay rea,.nahle collection eo,t,; rea,onable attorney's fees an4 actual court co,ts, if any, for collection of this account. i" 4~ , OFFICE A & A FOOD SERVICE COMPANY 1370 W. 9TH STREET UPLAND, CALIFORNIR. 91786-5719 (909)'381-2980 (800) 458-6738IE f'A;.; (';)0-3)946--.:::84.'1 INVOICE +-1;:'1..:. s t Nl.!1TI .-+--- I n v 0 i c~..;.--C'"i,:o'\g e - +-....Rt #.-.+. Bi 11 To':iili" I 51121! ,::57297 i ;0 i +-----.------.--.------+--Ter'ms------+ I MONTHL.Y I +- -- -- Dat e---.--+ I 06/ 1 ~~/2005 I ;---.-..--- _.._------._-~- MARGARITt;\ BE~H 87G N. MciJNTAlN AVE. UPLAND, CA. 91786 . #.:::211 Deliver To: MARGARITA BEACH/R. C. 9950 FOOTHILL BLVD RANCHO CUCAMONGA, CA 91730 -------------------------------------------------.------_._.._----~._----_._------_._.__..- I Item # I Qty I Units De scri pt i on, . P}'ice I E~tensicn I ------------------------------------------------------.----.,--------..---.-.--.-.---.---- I 201 I 12 I HEADS GREEN LEAF LETTUCE 1. 1214 12. 1~8 I I 676 I 3 I 8AGS MINI CORN TORTILLA/5 DOZ. 1_ 53 4.5.3 I G78 I 10 I BAGS THIN CORN TORTILLAS/5 DOL 1. '.'3 i4.90 I 332 I 1 I FLAT TOMATOES/4X5 SIZE 18.35 1 E.L '~5 I 436 I 1 I 80(. AVOCADOS/CALIF LARGE SIZE 4121.95 4 -~ -J I 507 I 1 I CARTON LEMONS/140 SIZE/CHOICE 27~95 27,.'35 I 515 I 2 o' I CARTON LIMES/LARGE 81 ZE If'. '35 35.. t":j(!.: I 8352 I 1 I CARTON PINEAPPLE JUICE/12 '+G 07 18.35 " 1 - S5 2192 I 1 .\{ROZEN 'WESl'ERt~ STEAK F.RY I.. 13~' E5;_ 13.85 i 5608 ! 1, I:..~ LB.. -1212\' CT SLICED, AM~R C~EESE I 1 !.. '38' 11. (98 5611 1 1 .r .-J LB t SU'CED 8W I SS ff:HEIlSE/120 C 11. '38 11. :;'8 7855 I 1 I GALLON BUFFALO WINGS HOT SAUCE 1 c~. 35 1 ~~:. 95 i 7885 I 1 \ I BOX DILL PICKLE CH I 1='5-4/1 GAL 15.45 J 15..45 --------------------------------------------------------.-------,--.------------------- Mi lk crates del. [_J p/u [_J Time -.---..-"....-- illvoice Total~' 240.88 "'.-- ---.--.. --'_._--l~ S i gnat ur.e: X ____.____ am pm 'ast due accounts, subject to intere.t charge of 1-1/21 per lonth, laxilul 18~ per annul. Buy~r agr~e. to poy reasonable ,011ection costs, ftasonabb attorney'. fu. and actual court costs, if any. .for collectIOn of this aceour,t. ~ '- -~ '.z....- ~. .;~ ..::.. -. "'h--.,_ ,. Our Business Is Savin~ Your 8usin~!ij Muney.'" ~51'\ \ Smart&Finat The Smaller Fosler Warehou$e Store CLUB HANAGE~ ROBERT COTTER ( 909.)1476 - 9259 Fox ond Purl, (909)476-9183 ONTA~IO. CA 07/0B/05 17:49 3592 6619 016 1156 X HEHBE~ 101-65098111701 THANK YOU I {) A OASIS HARGARITA BEACH ~ . 285344 FOLGERS 285344 FOLGERS 326038 ORNKING WTeR 389127 CRY 326038 DRNKING WTER 389127 CRY 326038 DRNKING WTER 389127 CRY 4 I 6.71 780081 DRANGE JUICE 612101 ENERGY DRINK 331009 CRV-RCKSTR 667093 SPRITE 32CN 671905 CRY 667086 COKE CF CN / 671905 CRY i 151084 3 HOLE PUNCH 667072 COKE 32PK CN 671905 CRY 667072 COKE 32PK CN 671905 CRY 741232 HAGIC 3 PK. 6 I 5.77 659957 BIC RS GRIP 826018 SEEDED KNOT 826018 SEEDED KNOT 826018 SEEDED KNOT 111314 EN~ AA-32 626031 BATTERIES SUBTOTAL 1052 EGGS 8 I 13.68 929187 IQF WINGS 798920 H.H. WHITE 719460 713N LCD 932109 E-WASTE FEE 900593 2. LOWFAT 900593 2. LOWFAT 900593 2. LDWFAT 825167 HLD CHO~ CHS 825167 HLD CHDR CHS 825167 HLD CHDR CHS-- 52348 CHEESE HOZZA ." 52318 CHEESE HOZZA 52348 CHEESE HOZZA SUBTOTAL SUBTOTAL SU8TOTAL TAX 1 7.750 X TOTAL CHECK TEND CHANGE DUE . ITEMS SOLD 56 it*'#r Welcome To Our Ro.lid10 CU(i;,il'Gns" ~~#r Store Ii 467 *.*.............~..~.~~...........w.~.. See Us On The WEB \:,I\{":,Snlf',I'tandfir,e:i ,e')l1l Cashier: Christa '. 7.17 N 7.17 N 3.94 N 1.28 N 3.91 N 1.28 N 3.94 N b 1.28 N 26.96 N 27.B8 T 0.96 T 7.88 T 1.28 N 7.88 T 1.28 V T 1.28 N b 7.88 T 1.28 N DATE 07/08/05 n"IE ;;:52:50 40010223<106 Smart M';antag. N~IEl RICK /J ~ NAME2 MARGARI'AVILLE ~~ AOORESSl 9950 fOOTHIll BLVO STc S CITYIST RANChO CUCi>~IOr;CA 91730 TAX.IDl SREH99873716 COUNTY SAN BERI1ARDItlC PLAIN SALT 4151235445 RED fD TRAY 80169833232 RED fD TRAV 601696332,2 REO FO TRAY 80169633232 RED fD TRAY 80169833232 fRUIT JUICE CS 30511 +CRV CS 10231 EASY Off 62338740~7 RAID flYING 4650G01660 EASY Off 62338740~1 MANGOBAV AIR 75213200473 MANGOBAY AIR 75213200473 MANGOBAY AIR 7521320[47, RAID fLVING 465000166C EASY Off 6233874017 RAID FLVING 4650001660 RAID fLYING 46,0001660 SCRUB SPONGE 415127898S MANGOBAY AIR 75213200473 EASY Off 6233874017 ALTOIDS 5928020155 6 @ 4.99 TIKI TORCH tl 8680101037 SUBTOTAL SALES TAX TOT AL 618.25 648.25 30.55 678.80 678.80 0.00 Pe rsona 1 Check TENDER Acct # *~~*..*w...~*ft.~w~w~1406 CASH CHANGE 4.99 f 4.49 TO 4.49 TO 4.49 TO b 4.49 TO 9.99 fO .96 f ".39 TO r T flC- .:J 3.39 TO ~ 3.39 TO J 3.39 TO 4.49 TO pIC- 4.39 TO S 4.49 TO PIc... ). .4.09 TO 3.39 TO 4.39 TO 7.35 fO s 29.94 TO 124.36 7.83 132.19 132.19 .00 TOTAL NUMBER Of lTEf.IS THIS '11$[1--'. 26 TC' 6505 1102 8393 0813 2662 6 111111I1 IIUJI IIlIIIJI 11111I1 1111 1111 11111111111 IIHJIIIIIIIIIIIIIII 111I1111I1111 IJIIIIIII 16:5&:02 OP# 107173 07.'08/0, c+".'.::..z 1J.>;7 i '. ,.,.~;,. ' "-'A fl.. A . FOOD SERV I CE COiY~j::''-=:lr.-l-. 1370 W. 9TH STREET UPLAND, CALIFORNIA.. 317A6-5719 (9(/l9) ')81-2980 (800)458-6738 INVDICE OFFICE Deliver To: MARGARITA BEACH/R. C. 9950 FOOTHILL BLVD RANCHO CUCAMONGA, CA 91730 , ~:-,:'L/ (tilll':.t; '3ij.t:. ...,~:::.:~.~, Bill ,,,: ... . '.'t.lS. \- t'-,Illf: H"" - In "i Q 1 ce~~.np::,. Q (~..+"' Rt #-.+ F,~1{1 2FJ3E'''~'+! '~;Ll I +----..-----'----'...--.--- MARGARITA BEACH 876 N. MOUNTAIN,RVE. #21211 YPLAND, CA. gt785 i Item # I Gty "I Units -------_.._~. -_._------_.~.__._--_. -"---_._-- ---.----.---'-..-'':'""''- -..... - ..' ,---". . De set-. i pt i on ---------.------------------------------------.--.----....-- 203 ~ .-, HEADS .i.c. l~~ " BUNCHES "" 21211 I ' -. :1 HEADS H: 225 1 :, BUI~CH. , 584 I 5 I, BAGS I 1.' 578 ~ 1121 BAGS I I 504 1 1 CARTON 515 I .~- .~ CARTON 2192 2 ,. FR!;l:tEN' C-~...~ 630 " ' POUNDS 638 ~ POUNDS .J 5609 1 CARTON 8352 '~ CARTON .. 7855 1 GALLON , LETTUCE CIL.ANTRO GREEN LEAF LETTUCE GREEN ONIONS/SCAU YO,'J:" 6" SNACK SIZE FL TORTILLq DOZEN PACK . THIN CORN TORTILlRS/5 DO~ LEMONS/95 SIZE CH(]I'~:E LIMES/LARGE SIZE "WESTERN STE,AK FRY , "CARROT STiCKS ~", CELERY ST! CKS REAL CREAM TOPPING AEROSAL CANS-12/14 OZ PINERPPLE JUICE/12 46 07 BUFFRLO WINGS HOT smiCE , Pi'}O-P. t?l.7'3 1/}.5.1..! ~. . Oit 11.1. :}.+ C'. ~g 1 . /01"-) ~',:':. 'J~S 1 o~ ;~'(:: ! ..13.:E~ ,- 1 .:;S''li 1..13 i I 24.95 : j B. '35 .______.__._____.__________.______..__.____._____~..,.__.._.____'.__ _,_"' ..__...... .' _ .___'_ ....'_.... ___ n_.__. 1 ,? '~~, 'Milk c","ates del. [___J p/;"J. C__J In',-"-I~~C:i'1 Tnt,::"i:! -- kLl . C:::--;r? ( j.-'--- .-.--. , Slgnahlt'e, x__~ >-~~ . ' ._~,...------_..-... Time of o"{fivery: ~'_ 'am pm -j.. -", :'!t-I\I!:'...... .._-i- I t~ini'< 'j"'HL '{ . <_:'at .,:_'d' ._._~ i Vle..I ~::~.~/ i::~l.~l21~:; } ..,--..-'.-." '.' .- - '.. .,..'+ [7....~~eil~]Qft I '~i. 4 E' :='. ~ ~-- 1 ,'::. '.~ E. 1 .' ,~;2 f;. ':-'5 :. 1-1 , '~:! :l~ l ~::.,:.~. 'jS :::;::. L,<' ;;:7 ~ 7Q1 ..t. :}0 ':1. 5~::i ~~:Lt. '35 .37.. r:H!) 1. ~~'. '~,:5 221 .;I:;J ._.~........ . .. _. - ;. Past due accounts, subject to intertst charge of 1-1/~ pet~ lonth, IEnd.ul lE\~ per annul. BIJ\I~I' a9tet'~ to pa~' ncliuM.bls colhctien costs, nasonable attorney's hes and actual c.:llJrt costs, if ~nv, for C"~11ectior. A tliii aC'counL , ., \. \", \ . l A & A FOOD SERVICE COMPANY 1370 W. 9TH STREET UPLAND, CALIFORNIA. 91786-5719 +CustDmer-Number+ I 610 I +ForPeriodEnding+ I 05/31/05 I +Bill Per-+Page-+ , M ,. l' ,', +--Terms--+-----+ 'Due by Jun 15thl --------------------------------------------------------------+---------------+ I Date I Type I Ref # I Chat'ges i' COD'S I Payment/Credit I --------------------------------------------------------------+---------------+ I 05/05/05 I Order I 262890 I 197. 17.,j I . I I I 05/05/05 I Order I 262939 I 14.S4v1/1 I I , 05/11/05 I Order I 263581 I 278.21 ~ ' , I I 05/19/05 I Order I 264489 I 261.32'/' I , I OS/20/05 I Order I 264649 I I I I I OS/23/05 I Payment I 15657 I J ' I 909.09 I I OS/24/05 I Order I 265031 I 114.59 I , I Statement of Account Deliver To: Bill TD: ~ARGARITA BEACH/R. C. 3950 FOOTHILL BLVD ~ANCHO CUCAMONGA, CA 91730 MARGARITA BEACH 876 N. MOUNTAIN AVE. UPLAND, CA. 91786 #201 Statement Column Totals:1 866. 13 0.00 909.09 Current 30 days 60 days 90 days and over Total Due ----------- ----------- 614.38 0.00 0.00 0.00 614.38 '. " <.. "'\ A &\ f~ FOOD SERVICE COMPANY 1370 W. 9TH STREET UPLAND, CALIFORNIA. 911B6-5J1S OFFICE (909) .381-298(Zl (81Z10) 458-C;13." ,IX .: ':;.,\'3) '-.'.:::" ,:::L,'.':. I ",va I CE .... +.-c: .l,:t;,.jU:I~ M - -). ~.r \' c: i ;~..~ ~. .r~; :Uj!' - -1' .-.Pt 4-....;.. 2S~655 10 De 1 ive\' To, Bill TD: fi0 "----.. ....- i ,..- ~.. /"It '~: -......-. ~- .~. MARGARITA BEACH/R. C. 9950 FOOTHILL BLVD HANCHO CUCAMONGA, CA 91730 MARGARITA BEACH 876 N. MDUNTAIN AVE. ,t,e:.jj UPLAND, CA. 91786 ;>.l(\NTHL'r' .'.... ......Ih\l eo"' ~ _.._.~. ~ elf:,,/ lZi,'3 I ~~0!~r::4; ! 7" --....~ _ .,..- _4 _. ..,_. .-' ...../. _.._______.____________________.____~._____M__._ __~_ _ _.._ __,._ _..M'M'_ __._ _M_' ____M4 _..,_ ..'.__ _,__ _..., ... _ ____.___ i It " m II I Qt Y I Units Description P'''''lO::4'~ I E~i:en5ion I ___..______________________.__________________~_.___..~_'___ _~_.,~. __ .___,_.'40 _.'..4 __.___ .___...__.~ ~_._ ,.._ 252 10 POUNDS JALAPENO CH 1 LI S 2155 1 FROZEN POTATO SI{INS/200 CT. 265 1 BOX POTATOES/50 SIZE RUSSETS 8354 1 CARTON TOMATO JUICE/12-4G 81 8352 1 CARTON PINEAPPLE JUICE/12 46 OZ I 8085 I 1 I CAN SLICED .JALAPENOS/#a) cmJ I 538 I 5 I POUNDS CELERY STICKS ._-... 1.9, c:;.55 J .;;;;-;~;;;;-;;;~~~ifiJ~-t/...... ... ....;:;:....;;;;;; .....;;;:;~:: ( ].:_-r.:,-;;:Ih (, '< .____.__ --- .-:::. . V.. \ ,1/' Time of Dt1i'Jet'Y: _~I (~. ':.~0 9~ Ql~?: 3i:~. '37 .32.3i ! r:;.... 9:::'~ ~ E.. 3:j 3~35 ~ J. .j. _~ ~_, ..:;. .' ~j ~ ,- re- ' \ '. C/..' , i. r:,~ '3~.:.: Signature: X am ;Jm Past due accDunts, subject to interest charge of 1-1/CS per tonth, la~ilul \8% per .nn"~. Buy!r .gr!!' t~ p.y re.,onahle cDlltction'cosht reasonable attorney's fees and actual COln"t cosh, if any, f6f C'olJ~C'ti{Jn of t-I;i~ atC!:llJf:t. .~- '"" ........ A & A FOOD SERVICE COMPANY 1370 W. 9TH 8T~EET UPLAND, CALIFORNIA. 9173S-S719 OFF ICE (909) '381 --2'380 (800) 458-G 736 f" ': "w.,-~, '-0:;.-,;,:, :::6-':,':, INVC)]:CE Deliver To: Bili To: t. -,.:.~.; I,.'. s t; N U.r'i! -. j-' ....-. :: ;-: '.' ':: 1 C f~ +---;-,),;, D ~.' - ';' ,.. ~~ t "* .- -j- b ~ fi ._:-:(;6:5;:':-. t, t t ~, MARGARITA BEACH/R. C. '3950 FOOTHILL BLVD, RANCHO CLiCAI'10NGA, CA 91730 +-.,-..- .'--~, -.--..-. ~1ARGAR ITA BEACH 876 N. MDlIN1AJN (.V)E:. ;L:-'l~'j UPLAND, CP. '3172,~: ...,.;... ...Tp"':t: - . '. -.........,-.,.-... :''1i.');''li"Hi Y ~-r,2I. +; f\ .H" - .- + :f~'~,:''-1')7 " ,~:Ql\t\S ,4.~ .~. . -_...,..-,--_'''~ .....-..-+ ------------------------------------------------------._-,----_._~-_._--_.----_.-._---_.,- ------.-------.---------------- ~~------_._-'-_.__.,-_._.- -_..- ...... '.'. ._...-.-. ... ..._. ,-~..- .--. .,. .'- -..." ...- I Item # I Qty I Un its De sc,':l pt i on f='1" i L:'P ! :::.:){t; €'~.';;:i i on : 203 12 HEADS LETTUCE 155 5 BUNCHES CILANTRO 225 4 BUNCH GREEN ONIONS/SCPLL lCH\IS 215 5 POUNDS LARGE MUSHROOMS 507 1 CARTON LEMONS/140 SIZE./CHDICf 515 2 CARTON LIMES/LARGE SUE 2192 1 FROZEN IrJESTERN STEAK Fi-lY 6007 1 BOX r,At~CH DRESSrrm/4--1 ~3r:rL. 1221 1 I 10# BOX H~1MBURGER PATT I ES--<:;/ 1 ;::'PZ 8352 I 'it' (j)'j. ,.CARTON P I \~EAPPLE JUICE/12. 'ff, OZ 7810 ,. 1 T'.#j0 CAN SPAGHETTI IWHlIWARA <-:)".:.U~;E 1468 I ;3 i CASE CHIX BREAST-SKI~ll_ES5!b 0,: I I .3 POUNDS 1354 I 1 I BOX BACON/KRUSEC14-1S1 ~~~j LL\'~'i 2I.7':i !{l.:':;':" l(), .:..-4- 1" 31'.\ ::~l"e, :..,~_ .35 I t .~~'" n~3 J. c:i.~ I t. 7f~ I ~.:~) ::."""1' '::::i~'1 I ~~.-::.', '33 !. :~;~ f,:.:. t 3~.50 3~.50 I 1 -,i. r~I!.1 1 ..0? ";:Jm-::,.I ,1~.'~....G!~_~.''': ;,.7,/7. -7.',' ;..:,h71,.. I __ '--;.]. 'r <, -~': _..._'iI"""":"".t' , [~. 9~., I '''1. :;1 I ':', ').t:; ,~<:; f-:t. ".J:). ':::':..; i.'.:::~,. i?-:~ --------------------------.-------------.---.---.--'---.- Signatllr'e' X '!' '., ...' ..:' i. ;~' (,. r u '. .' . .; --:'';. ..,' ',:~ ~,! ,,- '..'.' , -' Milk crates del. ~ ..._._..._....,',". ....,......1. . -"/r2~.. ..-' '7'--;'-0- j(..J. ~ 3,7.1/-' Time of De ivery' -- arti ~;tTl Past due accounts, subject to interest charge of 1-1/21 per lonth, oaxh',. 18~ per annul. Buyer ogr..s to pay "a",nable collection costs, reasonable attorney's f..s and actual court costs, if any, for coll'CllO~ ,f this acc~"nt,. , , A & A FOOD SERVICE COMPANY 1370 W. 9TH STREET UPLAND, CALIFORNIA. 91786-5719 OFFICE (9091981-2980 (8001458-6738 FAX \9091946-28~S . IN""'~ICE Deliver To: .. +-,.Cu s t. !"';dW-'..!~--'- In'.' i..l:i ~ f";. ..-r>iig f:'- +--Rt .p:-+ Bill To: 61'21 ~~G587i:: i l 1\21 1 MARG~tITA B~~~~----- --- -------.--.----+.-r~~~'~:I~ \:------~ 876 N. MOUNTAIN f..J1,.!E. #i:::~~'1 +... ..." -Dcit P.-'.'- ---..+ UPLAND, CA. 91786 ; 'liE,/1Z11/2005 1 +_.~-_. - -- ----.-.- -- i. MARGARITA BEACH/R. C. 9950 FOOTHILL BLVD RANCHO CUCAMONGA, CA 91730 ---------------------------------------------------------------------..---------- I Item II I, Qty 1 Unit5 'Description t:'.('ice I Extensiori I ------------------------------------------------------.-..---.--..----.,-.....--------------- 201 12 I HEADS GREEN LEAF LETTUCE 1. "VI 225 2 I BUNCH GREEN ONIONS/SCALLIONS 0. i". I 507 1 1 CARTON LEMONS/140 SI'ZE/CHOICE 28.45 515 2 I CARTON LIMES/LARGE SIZE 1~.95 6043 1 1 GALLON BLUE CHEESE ,DRESSING 7.85 I 8294 1 I CARTON DICED TOMATOES 6/10 17.'35 7855 1.' I GALLON BUFFALO WINGS HOT SAUCE 12~ g~J 1'2.95 1221 1 110# BOX HAMBURGER~PqFIES--311 FRZ 17.''30 I 17.90 -~---------~-- --------7------- ----,------r--~---._- ~- ----.- -- - .,- -. -- -- -.. - d'._, --- - ~- -- -, - --. -:~ - -- - - ._-.- Mi lk crates del. r - __l-__p/u r · Ln'.'fn,,!' T.:.t,,]:: I:':B.3G I .,~ .Time ---- ~!- -, _.'._---,- -.- --_.~} Signatm'e: X . --- ani pilI Past due ~ccounts, subject to intere charge of 1-1/21 per lonth, laRilul 18~ per annul. B"y.r agr..~ to ~ai reason.ol, collection costs, reasDnable attorn ~!' fees and actual court costs, if any, Tor c~11ectian of this account. K" " ;:~.. 'I ,~.~- ,,~. '~ -:.~ Deliver To: A & A FOOD SERVICE COMPRNY 1370 W. 9TH STREET UPLRND, CRLIFORNIA. 91786-5719 OFFICE (909)981-2980 (800)458-S738F~X (90Sl3~6.2B49 INVO:l:CE +-CustNuru-~---InvclcE+-Page-+-8~#-+ B i 11 To: I 1,:; llJ. .26512l31! 1 I 10 I ~.____,_.______,__._.~______._+__-re~ms___-__+ MRRGARIT~ BEACH/R. C. 9950 FOOTHILL BLVD RRNCHO CUCAMONGA, CA 91730 ~RGARITR BEACH 876 N. MOUNTRIN AUE. *201 UPLAND, CA. 91766 ! MONTHL.V .....- ----vat F. ..__,___f- ,4, 1 0:::/~'::"4/2\Z1Q\5 i ' +-.--..-. .-_.. ';""- .-----..+ -------------------------------------------------.----.-.,.-..--.------.---.-.-------------. I It em # I Qt Y I Un its Description Pr'lce I Extension I -------------------------- --------------.----- .------.-- ..--- --.- -.- -- - - -_. -- - - _.~----- ---- I. ~03 12 HEADS L.ETTUCE 0.7'3 I '. 225 4 BUNCH GREEN ONIONS/SCALLIONS 0.44 J 678 10 BAGS THIN CORN TORTILLASJ5 DOZ 1. 49 i I 630 5 POUNDS CARROT STI CKS 1.50 I 638 5 POUNDS CELERY STI CKS l. ':31 I 1221 2 10# BOX HAMBURGER PATTIES-3f1 FRZ 10.75 1 8352 -:> CARTON PINEAPPLE JUICE/12 46 OZ i3..95 ~ ---------~------------------------------------------_.--.-.-------.-.-------.-------- Mi lk ct'ates del. "t..-!_J p/u C_J Invoice Total:! 114.59 +~__..___'__._._.___ i- Signat'Jre: X WE WILL CLOSED MONDAY, MAY 30TH F.uR Mi:MORH,L DAY. AL. THOUGH WE WILL BE CLOSED, WE IHU.. E'E IN THE O"'~'_MONOA' ,'.0' TUCSr.A'S D'l mms. of Delivery: ____.____ am pm NOTICE" NOTICE" Time Past due accounts, subject to interest charge of 1-1/2j per lonth, laxilUI i8~ por annul. Buy.r aGr.., to pay r..sonabl. coll.ction costs, reasonable attorney's fees and actual court oosts, if any, for collection of this accou~t. ~ ISI <0 ( Uur Husint'ss I. S;l\ling Yuur Husint'ss Munty." ~.-:~ · U~ ~.~ l...~ ClUB PlANAGER ROBERT COTTER ( 909 ) "'76 - 9259 Fex end Pull' (909)416-9183 I ONTARIO. CA .fU01/OS 17:32 1667 6619 016 'IHE.BER 101-65098111701 THANK YOU, ,/ OASIS HRRGARITR BEACH U 900593 21 lOWFAT 900593 21 lOWFAT 900593 21 LOWFAT ii 326038 DRNKING WTER . 389121 CRV J 326038 DRtIl(lNG WTER . 389127 CRY 326038 DRNKING WTER 389121 CRY 326038 DRNKING WTER 389127 CRY 326038 DRNKING WTER 389121 CRV 23556 .ARGARINE 51 633073 'OZZ STICKS 8Z5167 OlD CHDR CHS 825167 'lD CHDR CHS 825167 KlD CHDR CHS 5Z348 CHEESE HOZZA 523'8 CHEESE HOZZA 52348 CHEESE HOZZA 4230 lERIPER 2PK 633073 'OZZ STICKS 615596 INlS SKNlS 615596 8NlS SKNlS 82601 B SEEDED KNOT 826018 SEEDED kNOT 8Z6018 SEEDED K'OT 385535 XTRALIFE 60W 91254 DELI ROllS SUBTOTAl TAX 1 7.7601 TOTAl CHECK TEND CHRNGE DUE I ITEMS SOLD 30 .18 .18 2.18 3.9' 1.28 3.94 1.28 3.94 1.28 3.94 1.28 3.94 .0 9.87 N 9.73 N 9.73 N 9.73 N 9.17 . 9.11 H 9.17 N 4.58 N 9.87 N 13.88 N 13.88 . 1.88 N 1.81 N 1 ".88 1 0.38 156.78 156.78 . 0.00 TCI om 9276 7000 4960 8777 7 I~IIIIIII~~I~IIIII~II~II~II!~I~IIIIIII~IIIIIIIII~~~I w. Ar, Open On ThI- 4th 0' JuJyl ?" 07/01/05 17:34'07 -'<:5," 0 fAl2.) h",d. _ /18. I B K 16111 Smart&Finat The Smaller Fosler Warehouse Sfore *** WelCOMe To Our Rancho CucaMongl *** Store # 467 **~**.*.************................... Cashier: Christa See Us On The WEB vvv.smartandfin41.com DATE 07/01l0S 1195 b SlIIut Advantage NAMEI RICK NAME2 'AROAR lTAVILlE ADDRESS I 9950 fOOTHill SlVO STE 5 CITY 1ST RANCHO CUCAMONCA 91730 TAX.IDI SREH99873716 ./J ^ COU'TY SAN SERNAROINO K..~ 6 IN ROllS 7304001352 OISPOS-SONl 4151280067 DISPOS.BOWL 4151280067 DISPOS.BOWL 4151280067 TABASCO 1121000038 TABASCO 1121000038 TABASCO l1ZI000038 RAID fUNGTOR 26474Z *** S.art Advantage Discount RAID fUHGTOR 284742 .*. SlIIart Advantage Discount RAID flYING 4650001660 N02 PENCILS 7206714401 N02 PENCILS 7206714401 RAID fUMGTOR 4650001529 ... Sqart Advantage Discount RAID fUNGTOR 4650001529 *.* S.art Advantage Discount RAID fUNGTOR 4650001529 **. Smart Advantage OJ scount RAID fUNOTOR 45500015Z9 .** Surt Advantage Discount RAID rUNGTOR 4650001529 ... SIIlArt Advantage Discount RAID fUMGTOR 4650001529 ... SlIart Advantage Discount RAID fLYING 4650001660 400102Z3405 E, F 5USTOTAl SALES TA)( TOTAL TINE 18,Z5,43 3.09 fO 5.69 TO ~ 5.69 TO ,) 6.69 TO 5.Z9 fO 5.29 TO \? 5 10.99 TO .1.00 A 10.99 TO 'Of(., -1.00 4.49 TO 1.99 TO rf 1.99 TO 10.99 T ..';0 10.99 TO jc.. .1.00 10.99 TO -1.00 10.99 TO -3.00 10.99 TO -1.00 10.99 TO -1.00 '.49 TO 131.91 8.75 140.55 Personal Check TENDER ~ Acct # ....*........*......1406 CASH CHANGE .00 TOTAL NUMBER Of ITENS THIS VISIT h> 19 SaVings from Sllart Advantage.......> 8.00 TOTAL SMART ADVANTAGE & COUPON SAVINGS THIS VISIT .........n........> 8.00 YOUR TOTAL SAVINGS THIS VISIT.> 8.00 THAT IS A SAVINGS Of 6% ..................................*.*... 18,Z8,15 OP# 107173 07/01/05 1el"ll:4 Trans # 256 Store # 467 Ouestfons about your SlIartAdvantage card? Call 866 411.SMART 1 (909) 9'8-5366 .f Ie 1.)39 JlQ.I-lI 46', II (; /S.8"1- cl-C-- 4. cJq (}\;r t-j ~ t- <is Our UU~Ilt.'h II> S,l~iIlG YlIur lIu:.illt"SS Muney/' o,c'la'''''~-A~~ b-5"1.'1"- ~~~ c_ S.:;l.8,33 IVv __.\ ,... l'i os'-\- ~.- -. SA"'S a.ua ClUB "ANAGER ANGR VAlDEZ [ 909 ) 796 - 1505 fAx end Pull' C:f0,,176-1115 SAN BERNADINO. CA 06/16/05 18:41 2404 6624 001 X HE'BER 101-6609B111701 1111 THr' . . / .fA OASIS ~_..... f 1- ..c....~ .a-'9' Vl 4 11.28 389995 CRY 900593 21 lOl/FAT 6 I 13.88 6155516 BNl$ SKNLS 961290 CLEAR FRY c: 51612510 CLEAR FRY 51612510 CLEAR FRY :r 275715 CO"ET 6f'K 986619 .AYOHRISE 3.90 . 13151~2 kETCHUP '10 2.42 N 9083 WORT SCE GAl 5.16 N 357070 CLASSIC 8ill ? 8.46 N 04602517 CHEESE SAUCE ~.81 N 160297 CHEESE SAUCE '.87 N '60297 CHEESE SAUCE 4.17. '60297 CHEESE SRUCE 4.87 N 160297 CHEESE SAUCE '.87 N 1602511 CHEESE SAUCE N 283797 'ENS SHIRT ov' 14.8 (d 778048 21" FAN '0 '2.87 256658 BEEF FRANkS N 25E658 aEEF FRANkS ~ 14.irt N 227726 '-1 lB BRCON 8.76 . 227726 4-1 lB BACON 8.7 T80081 ORANGE JUICE 6.74 . 780081 ORANGE JUIce '0 6.71 N 780081 ORRNGE JUICE 6.14 N 780081 ORANGE JUICE 6.7' . 5 I 14.68 929187 IQF WINGS 3.40 5 I 10.84 6751911 THIGH FIlleT 54.20 N 2 I 2.0<1 230104 HOT DOG BUNS 1.08 N 230,",0,", HOT DOG BUNS " 2.Cl-4 N B26018 SEEDED KNOT 1.88N . 826018 SEEDED KHlJT 1.88N 826018 SEEDED KNOT 1.88 . 230,",01 HOT DOG BUNS 2.01 N 826018 SEEDED KNOT 1.88 N 979004 CHED/'ONT Jl( 10.14 N 979004 CHEDIHONT Jl( 10.11 N 571929 SCOTCH 8RITE ::f '33103 SCOTCH BRITE 7.82 T 290612 BEEF 290642 8EEF 11.90 29'038 SIRlOI. PTV 12.88 29'038 SIRLOIN PTY e- 12.88 291038 SIRLOIN PTY 12.88 29'038 SIRLOIN PTY 12.88 2 I 5.88 172616 0" TURKEY 5" 11.16 N 150265 PAH SPRAY 6.19 N 2491 lAWRY'S SEAS U8N 6175 R-l SRUCE 3 I 5.77 659992 BIC RS GRTP 0 7' ~ . . ~~ . - -.--....... I ITEMS SOLD TCI 3050 1883 06'8 0101 05 3 111111~1I1~1 "1""I"llllllm~~mll~II~IIIIII~"1 11~lil~I"~ W. Ar. Open On Th. 4th or Julw 06/16/05 18'53.51 ~~. .' l4-q.3; '~~ )_~ 1"0'" : -3'i'1.';<<...j. l r ^. ,~. CLUI HANAGER RGIERT COTTER I ,.", ./I."~ 909 1 ~16 - 9259 hx end Pull 1(909)176-9183 ONTARIO. CO 06110/05 17:<5 1159 6619 011 X HEHIER 101-65091111101 THANK YOU, n~ oms """GARITR }ER~ ~ KC- / SUBTOTAL ~ 31922lNGED TRAY I ~6 t 3 1 2.15 . b 9D059 2' lOWFAT 6 ~5 N 519.81 . 633073 HOZZ STICKS . 12930 WESSON OIL ~9.35 N p: ~91 19 PAlHDlIVE 66 N ~9119 PAlHOlIVE ...... 9~59 MAYDNNAISE .J . 2~3553 Tpj,/ Ji8 ~ 1 5.11 1126D2 DH TURKEY HE 6 1 3.9~ 3Z6031 DRNKING WTER 6 I I 21 319121 CRV ' ~ I 1~,68 929181 IQF WINGS 3 I 9.17 5Z3~8 CHEESE HDZZA S . 9.88 825167 /'1l0 CHDR CHS 285344 FOLGERS 2153~~ FDlGERS 6 11'3.88 615596 INlS SKNlS 1293D WESSDN DIL 702~68 PLASTIC WRAP ",02830 FORKS 500 CT ~0283D FDRKS 5DD C7 3 1 11.18 3~2632 NAPKIN 310766 STEAll RDllS 191920 H.H. WHITE ~ 1 1.77 826018 SEEDED KNOT 198920 H.H. WNITE SUBTOTAL 315535 XTRAlIFE 60W 385535 XTRALIFE 60W .t.. 306~63 nCT PENCil e> . 306<63 nCT PENCil 111321 ENR 9V-8 / ~ 1 5.TL/ 659957 IIC RS GRIP e, ~138~8 ENERGIZERI2P 626D3~ 8RTTERIES 11131 ~ ENR RA-32 TAll SUI TOTAl I 7.150' TOTAl CHECK TEND CHANGE DUE ~{S~~&J Our Busint'ss I, Sa~ing Yuur Busintn Money.- 1258 83.28 5.66 N 13.87 T 5.59 T 5.69 T 33.5~ T r 2.68 N r 2.58 N 7.08 N 2.58 N 23.08 T 9.88 T 9. 8 T 5~5:3& 12.82 558, 17 558. 17 0.00 I ITEMS SOLD 71 TCI 38~1 3635 9~~~ 839~ ~~57 5 . 1IIIlllllllllllllilmlllll~lllllllllllllrulilll~II~111111III~III~~~ Ii_ AI" Open On Th. 4th Of Jul I 06110/05 17:5~:53. THE SALE 1O<XXX140 RUTH CO &.0ID1 / 10.68 23.&4 11.45 22.90 4.58 1.31 173.82 11.98 4.&8 12.91 218.01 21.55 $299.62 299.&2 TA \111\\\\11 1\\\\\11\\\\1\\\\\\\\\\\\\\\\\\\\ 1\\\\\\1\ 0&81 15 &1118 0&/01/2005 &551 KEEP VOUR RECEIPT fOR fASTER RETURNS SHOP ONLINE AT .......HOHEOEPOT .COM VOU CRN DO IT. lIE CRN HELP **********************.*...~****...**.. ~lD:1'-E> .\JE:~ e.e:b~3,{:~S'-- ClU8 MANAGER R08ERT COTlER ( 909 I ~16 - 9259 FIl. Ilnd Pull . (909~'6-9183 ONTARIO. CA 06/2:;/05 11 :53 9"'61 6619 016 1165 X HEH8ER lDI-650981117Dl l~~~~AR&~H~CH tc 9~" HAYoNijRi~ 6 I 1~.68 929187 IQF WINGS 96692 FUel 12 P~ 3~2632 NAPKIN ~ 8 6.7~ 780081 ORANGE JUICE 633073 HOZ2 STICKS 633013 HOZZ SlICKS 900593 21 lOWF~T 900593 21 lOWFAT: 28534~ FOLGERS ' 2853~4 FOLGERS " 5813.881 615596 BNlS SKNlS . 6 I 3.9~ 326038 DRNKING lITER' 6 I 1.28 389127 CRY 3811.99 961290 CLEAR FR'I 26692 EGGS 5 DOZ. SUBTOTAl TAX 1 7.7601 TOlAL CHECK TEND CHANGE DUE e, ~ 2.15 2.'5N e, 7.~1 N 7.47 N ~f= ~.6~ j vs 7.68 ~.97 F ~ N 32<.6 1.76 326.35 326.35 D.OO I ITEMS SOLD 10 TCI 1332 0497 3262 6552 1999 9 \\\\\\I~~I\\\\\\~\I~I\\II\I\\\\~~II\I\\I~llil\II\\~I\m\I~I\I~~ W. Art Op.n On The "th or Julyl 1'1"/73/06 11:56:21 DATE Co/18/es ? r !I'E :6:')9: ~:; s~'" (~ :f.r}, -^TtlSt ~r:'o1, . ,h. . tiAMEl RICI( ~ NAME2.. MAR~AR!;'A\~I_~ AODRe:i~l 99SC rOUT~" ,,"'. CITY/ST RMlCHO ,~,,(;;~.:~\~ :.Jt 5 lAX 10' ...... "'''", -,')7]--' , . . S~.Eh39B7~"~t. ... " COUt;TV S..V'l5ER!.;;':1I" N~)(T IT""" .1,... ~ .-..' lA.X fJ:[i.fPTED ,,,~ ".,-'. ~1At. WRAF " "I~.;>,;..E ~n~"h NEXT TTE. T' _, .n.51219'-':;:/ ~;;, 99 r. . ,,)1. E;\I'I~r.'tY ._" ' ... (, WAX ~iRAP .',' r..,~ ~:>,,,~ . ~.... t' 8( (Me ri\STG -L~';21,,:~t' Q D BC Cti( fRST~ !oC::::~7"i:' >:.')5 F(; Be CIiC fRST(, ~1:.i(;O;':lii:: 1:.65 f:; eX. Be C!iC fRSTlJ i~,GO~ :;;';: c.65 fe .~ Be C lo':''Jt17.7}C- 5 55 fD AK~ ~I)( l&nnr'~-'. BTH OPENER "'~~,~.v ,.. :::'.25 F!} . 6C C.itKF" NIX _.l:io(i'i)~'oV 5':j TO 't~ NEAT ITE~I ;AX D.Erprc' i~::::!;~l~ [jiJ.2S Fe- f CUP fIlST 50 . v ~~ "'_....t..L~ ~,.n~.." ~ 1 '4.t.r..-,- n 4- OLIVES ._,)t.,JC, 8.5':' C . DRESSING ~_~:i:j-lj"i r, ~ fH liL('VE ~:;.:J:::~~:: ,J. E. i"C (1 I.En ITEM TA); Etl'jl? "r;oJt)~. J..':'~ :.99 ro) "('"" 01 OZ - [J flJ!\ ." ,"l J SOUflt ..-...- ~ NEXT ITEM T AX EXf~lr ,(._" ~~:t~O:~5~ 5.99': PORT (UP LID ~,':fI~~C....lt NEXT ITEM T A), ," ":ilJdO~'1) i EXEt~?,U.' fOR. "'.,":- PORT CiJP '10 .,Ur,.r_ NEXT ITf.'4 rA)I.-E' ,~:c-..4::02~C\.;01 2 01 SOUflE \E,4 'L'.' '..Ii! ;;c.:;,,,-I.[ SCRUB SPONGE 4~5:~J;2S1 NEXT' ,4:5~.::78r:P~ ~ .TEM TAX [jE~~TEe fO~ "E::;~ t ilZ SOUfLE ). .~- 4~~E?'.:'!~:' SCRUB 5P(lNGE ... 5~ 'J ," '" NE.T 'TE. . .2 0;,.1;'. , . 14 TAX EAEN?7t:~. C I;; ;;;t: .,.'. 4 (11 SOUFLE NEXT ITEl4 TAX E,flolio'l'E ':;.: ~::~;,~S:_ CUP fLST 501 ,<: ,,~~'''LE NEXT ITEM 1.'), EXEr:,O"[/ ~ I~"; ~ ;;~~~- CUP PLS! 501 ,'~. ,.t NEX. lTP'1 fAX r:-'E.J-'-' J.., '...:.::);:: h ...'.l. eup PLST jar EASY Off EASV Off I)n)6'1~)' EASY err 52J381..'E7 STAP'_EIi. o2jj!l7"O~; 7<l1I161i!Ot: STAP~E~ 747' 1'.,~" BTE CPEtIEt( _.. .:_tU'l!2 '2,'~/f. :i-r- BTH OPENER .,.,.. . .", :.t:.~ F:AHi ' ,oeI5';J.::V~ u" FiJNGTOR 4&58::01'-"" Smart Advllnt,ge Cisct':,nt h~ u* RAID fljMGTOR 46::;C.j15/0 Sll~rt Ao::h'ant C' U 9.99 T R ag<rt 1 ~{;.Jl'''' IOU sAID fUI4GTOR ;65;~':l'lj;;~ Mart Advani:llS'" [:;SCO...,.. . RAID FUMGTOR ." "..* S li,SC.:JO'j :?.:; R~'JOrt Adv4nta3'" Disrtur.t .-- "FUMGrOR -, ....* SlIart Adv ,4~5CvOJ~2? antag9 D' ~CQU"'~ RAlO FUMCiTOR " ' ,~" ...... S ..6:;.0')',),0",.,- lIIart Ad'oa'li:ai'!l D1~nl,j"". --. fRUIT JUICE ~s' ~ ~: 'r ,.. ...CRV 3"'>,, CS tC2:'! fRUIT JU:CE CS ;05:; ...CRV CS 10231 JJ.l5 : f ~"R'" " 1.05 r: '0 , ,: ~ '~~: ~ ('i loG:) 9.99 ~ 1.00 S.gg T 1.00 9.99 i 1.00 ':1.~9 T .l.00 QIL SUbTOt.....L SALES T.t}, rOTAl 210.91 8.15 ~;9.0!) Personal Cl1edc. Account Nwnbar CASH ! ::r~~~;; :?:.'S.D6 :~J6 ~'HjI.r-1GE .00 TOTAL HUMI:Si::]t or :"t.l'lS . ":~ >' :', " ." ; ,:\1 ~ \".0 Smart&Final. The Smaller Foster Warehouse Store ~.. Welcome To Our Rancho Cucamongl ... Store II 467 ..........**....****...**.............. See Us On The WEB wwv.smartandftnal.coa Cuhl er: Sophia DATE 05125/05 TIME 17:49:25 , S.art Advantage 40010223406 NAMEI RICK J7 II NAME2 MARGARITAVlllE 1--'- ADDRESS I 9950 rOOTHIll BLVD STE S CITV/ST RANCHO CUCANONCA 91730 TAX.IOI SREH99B73716 COUNTY SAN BERNARDINO CHI X ORMETTE 415120235B CHIX ORMETTE 4151202358 CHIX ORMETTE 4151202358 CHI X ORMETTE 4151202358 CHIX ORMETTE 4151202358 CHI X DRMETTE 4151202358 BITl OPENER 72787507260 61TL OPENER 7~787507260 Be CAKE MIX 353502 Be CAKE MIX 353502 RAID rUMGTOR 4650001529 RAID rUMGTOR 4650001529 RAID FUMGTOR 4650001529 RAID fUMGTOR 4650001529 RAID rUMGTOR 4650001529 RAID rUMGTOR 4650001529 6. 4.29 EASV orr 6233874017 25.74 TO *** Slart Advantase Discount -1.80 SUBTOTAL SALES TAX TOTAL 154.50 6.90 161.40 Personal Cheek Account Number CASH TENDER 1406 CHANGE 161.40 .00 TOTAL NUMBER or ITEMS THIS VISIT--. 22 I Savings Fro. 51art Adv.nt.g......._> 1.80 TOTAL SMART ADVANTAGE & COUPON SAVINGS THIS VISIT ______h...nn___~> 1.80 YOUR TOTAL SAVINGS THIS VISIT-> 1.80 THAT IS A SAVINGS OF 1% ........................................ TIME 17:52:23 DATE OS/25/05 Tenl:4 Trans' 174 Store II 467 Ouestions about your SmartAdvanteg. card? Call 866411-SMART C 44~9~(t48~~L .;lc:>. '5""0 0_5,-:;8 1"1<:..'10.38 -K16Cot3 Smart&Final. The Smaller Faster Worehov.se Store ... WelcoDe To Our Rancho CucaMon3a ... Store # 467 ......~................................ S.. Us 011 The WEB \iW.slllarhndflnal.colll Cashier: Eltse DATE 05/06/05 TIME 17:31:03 f S.art AdvantA NAMEI CK NANE2 RlTAVI ADDRESS I 9950 rOOTHIll BLVD STE S CITV/ST ~ANCHO CUCAMONCA 91730 TAX-IOI SREH99873716 . COUNTY SAN BERNARDINO !'-- NEXT ITEM TAX EXEMPTED FOR RESALE ,.....~ ' WAX WRAP 4151279748 10.99 0 ... Sftart Advantage Discount .1.00 NEXT ITEM TAX EXEMPTED FOR RESAl ...... NAPKIN 17X17 4151239532 9.55 0 NEXT ITEM TAX EXEMPTED FOR RESALE ...... NAPKIN 17X17 4151239532 RAID FLYING 4650D01660~ 4.49 TO RAID fLYING 465000l66g 4.49 TO RAID rlVING 4650001661 4.49 TO RAID FLYING 4650001660 49 T EASY OFF 6233874017 4.29 TO EASV orr 623387401 4.29 TO RAIO,FUMGTOR 4650001529 9.99 TO RAID FUMGTOR 4650001529 9.99 TO RAID rUMGTOR 4650001529 9.99 TO RAID rUMGTOR 4650001529 9.99 TO RAID FUMGTOR 4650001529 9.99 TO RAID rUMGTOR 4650001529 9.99 TO RAID FLYING 4650001660 4.49 TO RAID FLYING 4650001660 4.49 TO AlTOIOS 5928020156 7.35 ro f SUBTOTAL SALES TAX TOTAL 131.90 7.40 139 . 30 Persona 1 Check'~' Aeeount NUMber CASH TENOER 1406 CHANGE 139.30 .00 TOTAL NUMBER OF ITEMS THIS VISIT--> 18 Savings Froll SlIart Advant4ge-uh--> 1.00 TOTAL SMART ADVANTAGE & COUPON SAVINGS THIS VISIT n_____nh_~______> 1.00 YOUR TOTAL SAVINGS THIS VISIT-> 1.00 THAT IS A SAVINGS Of 0% ........**.............................. TIME 17:35:18 DATE 05/06/05 Tel'D;4 Trans # 254 Stcre II 467 Questions about your SlIlartAdvantage card? Call 866 411.SMAAT I (909) 948-5366 ~_31.<.kJ .fl~ q8; ",0 . ~-<1,30 df ISc,qo Smart&Final. The Smaller Foster Warehovse Store .*. Welco.e To Our Rancho'CucaDonga ... Store II 467 ...........................~..... :::h~:r:nE:~: WEB .~~co. DATE 06/09/05 TIME 17;35:47 40010223406 SlIa rt Advantag. NAMEI RICK NAME2 MARGARITAVIllE ADORESSI 9950 rOOTHIll BLVD STE S CITV/ST RANCHO CUCAHONCA 91730 TAX.IOI SREH99B73716 COUNTY SAN BERNARDINO SESAME BUNS 4151202843 SESAME BUNS 4151202843 SESAME BUNS 4151202843 JALAPENO 7538604978 TRASH CAN 2002703101 TRASH CAN 2002703101 RAID rUMGTOR 4650001529 RAID rUMGTOR 4650001529 RAID FUMGTOR 4650001529~ RAID rUMGTOR 4650001529\' RAID rUMGTOR 4650001529 RAID FUMGTOR 4650001529 EASV orr 6233874017 EASY OFf 6233874017 AlTOIOS 5928020156~ RO ANT KIlLR 4650001714 RAID rlVING 4650001660 RAID FLYING 4650001660 RAID rlVING 465000166d\ RAID fLVING 4650001660i RAID FLYING 4650001660 RAID rlVING 4650001660 100\11 SFT WTE 4316848672 3.09 T 7SW EXl SF 8 43168486711" 3.09 T 'MANGOBAV AIR 75213200473 3.39 TO MANGOBAV AIR 75213200473 3.39 TO LVSOl.FRESH 3624104~ 4.79 TO ..'" Saart Advantage Oiscount , ..40 lVSOl-fRESH 36241046 4.79 TO ... S.art Adventage Oiscourt -.40 ~VSOl-FRESH 3624104675 4.79 TO ... Slart Advantage Discount -.40 lYSOl-fRESH 3624104675 4.79 TO ... S.art Advantage Discount -.40 ? 2.09 2.09 FO 2.09 ro 5.99 ro 0.99 TO :5 30.99 TO 9.99 TO .99 TO 9.99 TO 9.99 TO 9.99 TO SUBTOTAL SALES TAX TOTAL 210.72 14.81 225.53 Personal Check Account NUlllber CASH TENDER 1406 CHANGE 225.53 .00 TOTAL NUMBER OF ITEMS THIS VISIT--> 30 Savings FrOI SMart Advantage--.-...> 1.60 TOTAL SMART ADVANTAGE & COUPON SAVINGS THIS VISIT _____u____________> 1.60 YOUR TOTAL SAVINGS THIS VISIT.> 1.60 THAT IS A SAVINGS or O. ........................................ TIME 17:39:14 DATE 06/09/05 rera:4 Trans # 261 Store # 467 Questions about your S.artAdvantage card? Call 866 4l1-SMART .J 16037 Smart&Final. The Smaller Foster Warehouse Store ~.. W.lcoGe To Our Rancho Cuca.onga ... Store II 467 ....................................... - Us On The WEB wllw.nartandf1nal.colll ". L. .1" ,.... \-1-1:-. ~- '1"..... ClI.shhn Adria.nna om 05/13/05 TINE 16:38:13 40010223406 SlIIart Advantag8 ttfo,MEl RICK NAME2 MAAGAR IT AVlLl.E ~ ~ORESSl 9950 fOOTHILL BLVD 51 CITV/S1 RANCHO CUCAMOHCA 917 T~X-I0l SREH99873716 COUNTY SAN BERNARDINO Bt (He fRSTG 1600017710 Be cAKE MIX 1600018310 BC CAKE NIX 1600018310 Be C.uE lUX 1600018310 CHI X ORNETTE 41S1202358 CHIX ORNETTE 41512023S8 CHIX DRNElIE 4151202358 CHI X DRNElIE 4151202358 CHIX ORNETTE 41512023S8 CHIX DRNElIE 4151202358 N[XT ITEN TAX EXENPTEO fOR RES~LE BIRTH CANDLE 1117919052 OJqNf~r. .'!T 3624':.74828 RAIOfLVI"& 4650001660 R~IO fLVING 4650001660 RAID fLVING 4650001660 DISINfECTANT 3624174828 LVSOl DSNfCT 3624176075 RAID FLYING 4650001660 RAID FLYING 4650001660 LVSOL OSNfCT 3624176075 RAID FLYING 4650001660 RAIO rUMGTOR 4650001529 R~IO fUNGTOR 4650001529 R~IO fUNGTOR Q650001529 RAID rUMGTOR 4650001529 RA.10 fU~GTOR 4650001529 .~IO fUNGTOR 4650001.29 SUBTOTAL S~LES TAX TOTAL Personal Check \ Account NUllber CASH TENDER 1406 CHANGE .6. fO ..x 10.2S fa fY 10.25 fO 10.25 f 7.49 f 7.49 f ( 7.49 f Y 7.49 f 7.49 f 7.49 f 191.97 8.22 200.19 200.19 .00 T~T~L NUNBER Of ITEN. THIS VISIT..> 27 fI q3 ",I 1-liJ<.l_..j().'1'l fie. .",S'" 1101 .,,40,42 Jq.J\-..JO. O~TE 05/13/05 Trans # 164 Sto~.' 4Al lue;t Ions about your Slla rtAdvantas& .. card? Celt 866 41~.SMART t:-L.J4.cN 1 (9091 948-5366 I -dVl ~G!L-- OUt Husillt"SS I~ S.dvinG Yuur lIusinrss Mont"y.... ~ /Jit..' -- \!!"'~) ~~U"\ \ - ~ CLUB MANAGER . . ( 909 ) .76 - 9269 Fex end Pull . (~0~)~16-'1a3 ONTARIO. CO OB/13/05 17;23735066" 016 1232 f X IlEIt8ER '01-110981,6\.. !tle~~8ErJlX~ 8260U SEEOE XNOT" 87..... $ SEEOE RNOT 826",18 SEEDUI KNOT 626018 SEEDED RNOT 13911 HOAGIE 12 PK 386635 XTRRlIFE 60W 111321 ENR:'9V-8 '612'0 CLEAR FRY 961290 CLEAR FRV 6' 3.9' 326038 ORNKING WTER 4' 1.2' 389127 CR~ 172602 OM~URREV lIE 172602 OM URREV lIE 172602 OH; URKEY HE In 9.81 633013 MO~Z STlCRS 900593 21 ~OWFAT b 900593 2xLOWFAT . 26692 EGGN 002. ,c: '9119 PALMOLIVE , j,.. 8 8 E\ 1" SU8TOTAl sr.oo~ TOTAL 152.43 CHECK TEND 152.-43 CNANGE DUE 0 . 00 CIGARETTE PERMIT' 91206062 'I d- ~-lqiT~HSbSot~'3; 1.17. N 1.77 N ... 1.77 N IJ' 1.17 N 8 U E 11.84 E 12.36 N \llED b I:J 5.88 N 5.88 N rc 5.88 N r TC8 8749 0704 4838 9048 2116 1 I ~I~ IIIIII II! ~III~IIIIII ~I~ II! mllll~11 ~IIIIIII ~II~ I~IIII~II ~I ~II I ~, Art OPt" On 1l.lIlorJel De,,1 If 3'f 05/13/05 17'27'32 fn~\ 1D.>-IT-S-.:"-" :tt ;56'6/ Smart&Finat The Smaller Foster Warehouse StO(tJ ""'''' Welcolllil To Our. R4ncho Co.iCalliOnllll!l "''''''' StorQ ;; 467 ."'''''''''''''''''''...~'''''''''''''''P''''''.''''''.'''''''''.....*.*''''''w''' SQ.. Us On ThQ WE~/lndfinaJ.co. Cashier: 6Qrard~ DATE 05/19/05 TIME 17: 16:30 ~ r Slilut Advll!llltll!l~e .;0010223406 t~AME1 RICK NAME2 MARGARITAVIllf ADORESSl 9950 fOOTrltll BLVD STE S 4, CITY/ST RANCHO CUtAHONCA 91730 I~X-IOI SREH99B73716 COUNTY S~N BERNARDINO D ~ IlEXT HE'" TAX EXDIPTEO fOR. RESALE ..."...., TAXABLE 123462. RAID flJNGTOR 4650001529 9.99 TD\ RAID flJNGTOR 4050001529 9.99 TO RAIO fUNGTOR 4650001529 9.99 TO RAID fUMGTOR 4650001529 9.99 TO RAID rUWGTOR 4650001529 9.99 TO RAID fUHGTOR 4650001529 9.99 TO NEXT ITEH TAX EXEMPTED fOR RESALE'" "'. CUP PlST SOl 7450610502 NEXT ITEM TAX EXEMPTEO fOR RESALE hU",. CUP PlST 50l 7450610502 8.65 0- NEXT ITEM TAX EXEMrTlU fOR RESALE .",~~",,,, CUP PlST 50l 7450610502 9.65 NEXT ITEM TAX EXEMPTED fOR RESALE ~~.... CUP PlST SOl 1450610502 B.6~ PLAIN SALT 4151235445 .99 CHIX ORMETTE 4151202359 fD f BTTl OPENER 72787507260 9 T \? CHIX DRNEITE 4151202358 7.49 fO CH!X ORNETTE 4151202358 7.49 fO CHI X DRNETIE 4151202358 7.49 fO CHIX ORNETTE 4151202359 7.49 fD ( CHIX ORMETTE 4151202359 7.49 fO CHIX ORNfTTE 4151202358 7.49 fO CHIX ORMETTE 4151202358 7.49 fO CH!X ORNETTE Ql51202358 7.45 fO CHIX ORNETTE 4151202358 7.49 fa CHIX DRMETTE 4151202358 7.49 fO SUB TOT Al SALES TAX TOTAL IB9.10 4.85 193.95 Person41 Check Account Nuraber CASH C 193.55:::::> TENDER 1406 CHANGE .00 TOTAL NUMBER Of ITEMS THIS VIS!T-.~ 24 TlWE 17:20:03 OATE 05119/0~ Tirll:2 Trans Ii 119 Stor& Ii 467 OUQstlons about ~our S~artAdvantagil eoi'd? Call 866411-SMART 01 1 (509) 948-'366,1"-' 4:S- 'I C. <t>q. S:S 10- T:>' ~ -r9,.q ,C/{{C)(;' l:.:i 5(2; [) :;:tt:F Our BLlsillen I~ Sa~ing Your 8USI1I!!Sll Monry." ~-<<J b_8a",3 ~~' \.-\)~ I- -iC>1.3! \ 0 J oU- "4. ,3 - "\,,.',+-1.. 4-1- __ , ~. ClUB ""NAGER pr't-' . IT>CU--V.'I.' 909 I H6 - 9259 IX end Pull . (909)~76-9183 01116/05 15'3gN;~:~066~ 016 X HEHIER 101-l109Bl11701 THANK y~ HARGARITA BEAt ~ 6 . 326038 DRNKING WTER 319127 CR~ · 1. 28 100759 ClgR~l" 52311 CHEESE HOZ2A 52318 CHEESE HOZ2A 52318 CHEESE MOZ2A 125167 IILD CHDR CHS IZ5167 IILD CHDR CHS 825167 IILO CHOR CHS 826018 se:D:O 1 .77 961290 ClEA Y 761Z90 C FRY 7 .- 1 . 6.71 80 ORANGE JUICE 23 56 ""RGMINE 5. 19177 FOIL 2. PK 900593 2. LOWFA7 900593 2. LOWFAT 900593 2' LOWFAT 610900 FOLGERS 6040900 FOlGERS 26692 EGGS 5 DOl 385535 XTRAllFE 60W 306163 72CT PENCIL 111321 ENR 9V-8 111311 ENR AA-3Z 11311. ENERGIZER 6260318ATTERIES'2P 210511 POST-ITS SUBTOTAl SU8TOTAl TOTAL CHECK TEND CIGARETTE PERHIT~HANGE DUE . 91206062 1228 ~ n. N n'N 9.81 N 9.97 N :B7 N r B.97 N ' '.85 N 12.36 N lZ.36 N I .1 '1.11 E 10.18 E 9.11 E B.18 E 7.17 E 2 . 262.00 262.00 262 . 00 0.00 r:f # ITEHS SOLD 16 J~I~~tiil~i!~WII~mlljfflmllill~iillillll~11 OPln for BU'ln... dHBa:t."" tint.,. HOIl1 0"/16105 ." ,,.. 7AM Hen-S.t 15:31:53 . UA/>;(./~ . (f5$ "S Our BU5Uless hi Sa\lifll; 7 Your 8usintSll Mont-y.. 1 052 EGGS .. ,. 5.n 659957 IIC RS GRIP 6 . 1.88 387m COI CORN 6 I 8.71 41162901 DRUli , THIGH 372086 CAKE 6. 3.91 326038 DRNKING WTER 31.,27 CR~ I 1.28 710756 ADD ROllS 102830 FORKS 500 CT 392114 STAPLER 392111 STAPLER 385535 XTRAlIFE 60V 1 I 11.23 395727 PLATE 6 7/8 319062 HINGED TRAY 3B2111 STAPLER 701077 TERIYIlKI 1911 B PALHOlIVE "'9119 PALMOLIVE 3 I Z.37 B00586 HOMOGENIZED ~ b 108710 8ULLSEYE IIG 1087~0 8 SEVE 81G :.:: N P . SUI TOTAl . . TOTAl 307:" CHECK TEND 307 " CHANGE DUE 0 . DO CI~ETTE '91206062 4~-lq,9'> r- Il.i1. q'l 5 -I't. 8s . _# ITEHS SOL~5.1 ~IU~!J!illli~!~~~~~~ill!III!~Irll;lrulil;~ at SAHSClUB.CDH 01/07/0& 15' 28 , OZ ~- '\ .....-~ .~ . 1"_O~\.-U~ .. \ J '" .- ClUI HANAGER STEVE TROLl ( 909 l 176 - 9259 FIX end PuU I (909)476-9113 ONTRRIO. CA 01/07/0& 15'21 6111 661B 016 X IIEHIER 101-11098111701 ANI\YO ""ROARITA 8EACH tt72 @?- ~b G;J9. 1=" 52.44 N .. iI'll:.f- 23.S4 7.61 N b 7 .69 f. ~ o F 1:" E 1" I'.;j(.~ -. (sssi Smart&Final. The Smaller Fader Warehouse Store ... Welco.e To Our R6ncho Cucamon~a ... Store' 467 ..--...............................-... See Us On The WE8 wwv.s.lrtandf1nal.eom Cashier: Saul DATE 04/08/01 TINE 17,I6,Z6 51illrt Advantasr ....EI CK N...E2 GARITAVlllE ADDRESSl 9950 fOOTHILL 8LVD SIE S CITV/Sf RANCHO CUCAMONCA 91730 TAX-IDI SREH99873716 COUNTY SAN 6ERNARDINO CHIX DRMETTE 4151202358 CHIX ORMETTE 4151202358 CHIX ORMETTE 415]Z02358 CHI X DRMETTE 4151202358 CHIX ORNETTE 4111202318 BC CAKE MIX 1600018310 BC CAKE MIX 1600018310 MAHG08AV AIR 75213200413 NANGOBAY AIR 71Z13200473 N"'GOBAY AIR 71213200473 MANGOBAY AIR 71213200473 MAHG08AV AIR 75213200473 'ANGOBAY AIR 71213200473 PLTX lATEX 7830006475 PlTX lATEX 783000647S 1 OTV.... fLASHLIGHT 754002 1.14 TO --- YOU SAVEO -> $ 3.45 t? NEXT ITEM TAX EXEMPTED fOR RESAl ...... TAXABLE 1Z3462 4.59 D .49 fD 7.49 fO f 7.q9 fO r .49 fO 0.25 fO IA\. 10 fO r- ),39 TO 3.39 TO 3.39 TO 3.39 TO 3.39 TO 3.39 TO 1.99 TO 1.99 T SUBTOTAL SALES TAX TOTAL 88.00 1.97 89.97 Personal ChIck Account NUllblr CASH TENDER 1406 CHANGE 89.97 .00 TOTAL NUMBER Of ITEMS THIS VISIT~~> 17 TOTAL SMART ADVANTAGE & COUPON SAVINGS TOTAL "BUV MORE AND SAVE" SAVIHGS-> 3.4~ YOUR TOTAL SAVINGS THIS VISIT-> 3.45 THAT IS A SAVINGS Of 3% *****.***..**.***........**...*......*.. TIME 18:00,21 DATE 04/08/01 Ttn:2 Tnns II 104 Ston II 467 QUlstions about your S.artAdvanta99 card~ Ca\l 866 411-SMART 1 (909) 94B-S366 ",.~.~ ' ~~ q$"o 1".0'" j ~~\~<;::"'3 l j 1-\+--.;4.).1- -{be rl ~ClUB tIIINRGER . . o 30.~"" ( 909 ) 476 - 9259 Fa. and Pull' (909)476-9183 t1NTRRIO. CR 04126105, '1'5 2255 6619 016 1072 X IlEKB7.',.'10Hl09Bl11701 KRRGARITR BErc~~ . ,'} ~~" .. 2' 6.05 i'l 472200 ZIPLOCK SAND fi' . ~"6' KAVONNAISE !'.,! 702503 KRRKER PRCf 659957 BIC RS GAIIt.i!, 659957 BIC RS GRI .. 68B383 SUGRR PACKE 4 1 6.74 7BOOBl ORRNGE JUICE 6052 SWEET N lOW 23556 tIIIAGARINE 5' 6.0900 FOLGERS 5234B CHEESE KOZZA 52318 CHEESE HeZZA 52348 CHEESE K02ZA 825167 KLD CHDR CHS 825167 KLO CHOR CNS 825167 KLD CHDR CNS 3 1 14.68 929187 IDF WINGS 3112.97 753414 TRIKKED BRST 385535 XTRALlFE 60W 661819 EXPO KRKASST 96692 FUel 12 PK 3 1 5.88 400759 ClORDX 111321 ENR 9W-' 19119 PALMOLIVE .26011 SEEDED XNDT '26018 SEEDED KNDT 306463 72CT PENCIL 900513 21 LDWFAT 900593 21 LOWFAT SUBTOTAl SUBTOTAl TOTAL CHECK TEND CHANGE DUE CIGARETTE PERKIT: 91206062 ^ , ~1"IS'5 "214 Our Busillt'u Is Saving Your Busin~s~ Money.... r:: { (Y\ o C. ~ f B I ITEMS SOLD 39 TC' 91GB 1183 5353 0863 8660 , I ~III~ II1111 Iii ~[I ~~I ~~ II ~ IIIIIIII~I ~~IIIIIII~IIIIIIII~ I ~IOO ~ ~ SRKS CLUB Tire end Bett.I''' C.nter Now OPln '01'" BUIJnl" ",,,b.,,, 7M Hon-S.t 04126/05 16:49:00 *\S(~~ \ Smart&Final. The Smaller Fasler Warehouse Store *** Welcome To Our Rancho (ueamanga -*- Store /I 467 *************************************** See Us On The WEB ~.s.artandflnal.co. C..hlm Sophie ef4Jd\o DATE 04/17/05 TIME 18:29,38 40010223406 SlIut Advantage NANEI RICK NANE2 MARGARITAVILLE ADORESSI 9950 fOOTHILL BLVD STE5 CITV/ST RANCHO CUCAMONCA 91730 TAX-lOt SREH99873716 Ie... COUNTY SAN BERNARDINO , f RAID fLYING 4650001660 3.89 TO RAID fLVING 4650001660 3.89 TO RAID fLVING 4650001660 3.B9 TO RAID fLVING 4650001660 3.89 T NEXT ITEM TAX EXEMPTED fOR RESALE ...... 6. .99 ~ B-DAV CANDLE 1117901915 ~.94--n--, 6' 9.99 D1 RAIO fUNGTOR 4650001529 '59.94 TO fH GLOVE 7632560100 .99 TO fH GLOVE 7632560100&> 9.99 TO NEXT ITEM TAX EXEMPTED fOR RESALE ..._-- CUP PLST 50Z 7450610502 8.65 NEXT ITEM TAX EXEMPTED fOR RESALE _**w_. CUP PLST SOZ. 7450610502 8.65 NEXT ITEN TAX EXEMPTEO fOR RESALE ...... '0 CUP PlST SOZ 7450610502 8.65 NEXT ITEM TAX EXEMPTED fOR RESALE ._._-- CUP PLST 50Z 7450610502 8.65 NEXT jTEN'TAX EXEMPTED fOR RESALE' . CUP 'LST 50Z 7450610502 Be eHe FRSTG 16000177~, 6.65 fD BC CHC fRSTG 16000177tO' CHIX DRNElIE 4151202358 CHIX DRNElIE 4151202358 CHIX ORMETTE 4151202358 CHIX DRNElIE 4151202359 CHIX DRNElIE 4151202358 CHIX ORMETTE 4151202359 CHIX ORNETTE 4151202358 CHIX DRNElIE 4151202358 CHI X DRMETTE 4151202358 CHI X DlNETTE 4151202358 7.49 fD 7,49 FO 7.49 fO 7.49 fO 7.49 fO 7.49 fO 7.49 fD 7.49 f 7.49 fD 7.49 r SUBTOTAL SALES TAX TOTAL 2 2.87 7.40 240.27 Personal Check Account Number CASH TENOER 1406 CHANGE 240.27 .00 TOTAL NUMBER Of ITEMS THIS VISIT--> 35 TIME 18134:11 DATE 04/17/05 T8nu2 Trans II 195 Store II 467 Ouestions about your S.artAdvantage card? Clll 866 4It-SMART r qb(909) 948-S~ ( ., $:' J-- 1<1e. -.J!'l-...r-<>'-I. (YI.lL~- ,a,.~4 6AL_4~."'O f' Ie... _ '16'. cD Smart&Finat The Smaller Foster Warehouse Store ~~. Welcome To Our Rancho (uta_onsa ..~ Store Ii 467 .....~..~~~.....~~.....~.....w~.~~...*. See Us On The WEB vvv.smartandfinal.COM Cashier: Dlvld DATE 04/26/05 TIME 17:49:18 SMart Advantase 406 NANEl R n c- NAME2 M GARITAVILLE ~ ADDRESSI 9950 FOOTHILL BLVD 5TE S CITV/ST RANCHO CUCAMONCA 91730 TAX-IOl SREH99873716 COUNTY SAN BERNARDINO BC CAKE MIX 1600018310 ' BC CAKE MIX 1600018310 BC CAKE MIX 1600018310 SPONGE 7148513312 SPONGE 7148513312 SPONGE 7148513312 SPONGE 7148513312 CHIX DRMETTE 4151202358 CHI X ORMETTE 4151202358 CHIX DRMETTE 4151202358 CHIX ORMETTE 4151202358 CHIX ORMETTE 4151202358 CHIX ORMETTE 4151202358 CHI X ORMETTE 4151202358 CHIX ORMETTE 4151202358 CHIX ORMETTE 415120235817.49 F01 CHIX ORMETTE 4151202358 7.49 FOj CHIX ORMETTE 4151202358; 7.49 FO\ CHIX DRMETTE 4151202358 ~ 7.49 FaI NEXT ITEM TAX EXEMPTED FOR RESALE ~ 3 1/4-40Z LD 4151103129 . ~ STEAK KNIVES 4151201380 6.99 TOI STEAJ( KNIVES 4151201380 6.99 TO) NEXT ITEM TAX EXEMPTED FOR RESALE .... 1 1/2-20I LD 4151203123 .35 01 DINNER F~RK 4151201C95 2.29 TO Ii PRL ON KNifE 4151201097 2.29 TO.' OESSRT SPOON 4151201096 2.29 T SCRUB SPONGE 4151278989 4.09 TO RED FD TRAV 80169833232 . 9 TOi RED FD TRAV 80169833232 4.49 Toi RED fO TRAV 80169833232 4.49 Toi REO FD TRAV 80169833232 4.4 TO I FLASHLIGHT 7419600363 6.95 TD\ lEMON OIL 7698532019 Tm BC CHC fRSTG 1600017710 6.65 fDI DRV ERASE MR 7170924411 7.39 TO\ BRASSO 2660005315 18.39 TO'I NEXT ITEM TAX EXEMPTED FOR RESALE . 4 OI SOUFlE 4151239256 5.99 0 NEXT ITEM TAX EXEMPTED fOR RESALE ...~~ 4 OI SOUflE 4151239256 5.99 D NEXT ITEM TAX EXEMPTED FOR RESALE ...... 2 01 50UfLE 4151239253 3.99 0 NEXT ITEM TAX EXEMPTED FOR RESALE .~.... 2 OZ SOUfLE 4151239253 3.9 D- EASY Off 6233874017 4.29 TO EASV OFF 6233874017 4.29 T~ 6' 9.99 RAIO FUMGTOR 4650001529 ~9.94 TO) SUBTOTAL SALES TAX TOTAL 376.34 17.33 393.67 ~.67 "') Personal Check Account Number CASK TENOER 4406 CHANGE .00 TOTAL NUMBER Of ITEMS THIS VISIT.-> 48 TUtE 18:02:15 DATE C~/26/0~ T.........a T....... .,.,.,., c:........... IIC" . a;;..- { I {,l- ., 71:1"'-'.10 ,lOur Business I~ S4lViIlC Yuur Uusine~!i Muney.... "..' ~~J {.--38'S":"S3~ ~~ ST. S-S- \.-J Or:- - d~. g 8sAH';-ClUB . CLUB HANAGER ANGEL VALDEZ ( 909 ) 796 - 1506 Fax end Pull I ('0')1'6-1115 SAN BERN CA 16,~ 009 ID7B lOll lEACH 6 I . 615596 BNlS SKNlS 6 110.1~ 67991~ THIGH FIlLET ~ I H.6B 929117 IDF WINGS 801087 HOZZ STICKS 326031 DRNKING WTER 319m CRY 326031 DRNKING lITER 389127 CRY 326031 ORNKING WTER 319m CRY 227726 ~-1 II IACON 227726 ~-1 II IRCON "'301 LIQUID FRY 96130~ lIDUID FRY 96130~ llDUID FRY 96692 FUEL. 12 PK, . 912167 PHONE -'1- P 29~03B SIRLOIN PTY 900593 2' lOWFAT 616961 BLUE STK PEN 392~1~ STAPLER 125170 ATLANTPENCIL SUBTOTAl SUBTOTAl TAX 1 7.760' TOTAl CHECK TEND CHANGE DUE . I ~.20 N F 1.72 N 5.13 1 :21 N 3.9~ N b 1.28 N 3.91 N UIN 1:76 N r- 12.79 N r 12.79 N 12.79 N 1.36T TCI 1121 1600 H6~ 1312 5' 6 I illl~ II1111II1II1I ~III ~~ ~I~III ~~ II~ III1IIII i 1II!11 Shrt urnlnl WI to 21 ceah ba , Appllil For SlUt'S CLUB Dbcovlr todewl 05/12/06 17,53,~1 "f?~ 227726 ~-1 LB BACON 227726 ~-1 II BACON 523~1 CHEESE HDZZA ~6~321 CRNADIANSTK 115136 )(EROX ~16136 XEROX 150266 PAN SPRAY '87081 PEPPERPDUCH 615951 IlUE STX PEN 615951 IlUE STK PEN 615'51 BLUE STK PEN 319223 HINGED TRAY '61290 CLEAR FRY 119608 ONIONS lOll 309231 FORM PLATE 7100Bl DRIlNGE JUICE 710011 ORANGE JUICE 710011 ORANGE JUICE 710011 ORANGE JUICE ~60290 CHEESE SRUCE 160290 CHEESE SAUCE ~60290 CHEESE SAUCE ~602'0 CHEESE SRUCE ~602'D CHEESE SRUCE ~602'D CHEESE SAUCE 326031 DRNKING WTER 3111 27 CRY 3Z6031 DRNKING WTfII 319127 CRY 326031 DRNXING WTER 311127 CRY 326031 DRNXlNG WTER 381127 CRY 12601 I SEEDED ICNllT 126011 SEEDED KNOT 230~0~ HOT DOG IUNS 230~D~ HOT DOG IUNS 2'06~2 IEEF 311705 T-IDNE STEAl( 319706 NONE STEAl( 21<031 SIRLOIN PTV 31'705 T-IDNE STEAK 67'" ~ THIGH FillET 679"~ THIGH FILLET 679'1~ THIGH FILLET 6799H THIGH FIllET 67'" ~ THIGH FILlET 929187 IDF WINGS 929117 IDF WINGS '2'187 IDF WINGS '211 17 IDF WINGS 929117 IDF WINGS '211 17 IQF WINGS 9211 17 IQF WINGS 129187 IQF WINGS SUITOTAl TAKl 7.7501 TOTAl CHECK TEND CHANGE DUE 1 :75 N 2.M N 2.M N 5.52 N 6.1' N V 23.21 N 12.11 N 2U5. 10.1~ 10.1~ 10.'4 10.1~ lD.I~ 1".68 H.61 1~.61 lUI lUI 1~.61 lUI 11.6' 5r.n-- 3.20 ~62." "162.96 0.00 . ITEMS SOLD 55 TCI 67n 2579 7925 5<27 3327 2 IIIIIIIII~I mllll~II~~IIIIII~lmllllllilllllmllllllillllll~ SAMS CLUB TIre Ind Battery C,nt.r Hov "'-en 'or BUIJn... M."b.r. lAM HonwS.t 0~/26/05 16, 6~, ~~ ,y~~ \.! ~o. \ ._J \\j~ , \ SAH\ ~UI _.- lI\j"" CLUB MANAGER . . ( 909 I 796 - 1505 Fax and Pull I (909)196-1115 SAN BERNADINO A 01/01/0618:17 1908 6 012 9" 102811 102823 172200 191559 C 19119 PALH 615958 BLUE 5T 657820 JUHBO CL 615'51 IlUE STK 61!\%8 BLUE S1KI 27b115 COMET 6P 111311 ENR AA- 111311 ENR AA- 626031 BATTERI 319705 T-50NE 3U70S T-BON 319105 T -BON 319670 GROU 319670 GROU .319670 GRO 29~031 SI 29~031 'SIR 291038 SIR 198920 H.H. HITE i 230~0~ HOT IUNS I 230101 HOT 0 ,BUNS 230101 HOT DO NS I 826018 SEEDED J 826018 StIllED Ie 826018 ~~fDFD IeNQ 2~'1 lAWRl.S SEAS 2191 LAWRY I S SEAS 221126 1-1 LB BACON 1 227726 ~-1 lB BACONI 227726 ~-1 II BACON 227726 ~-1 lB BACON, 1102~ CHEESE 51 All' 1102~ CHEESE 5. ANI 900593 21 lOWFAl 97900~ CHED/HONt. JX' 193312 RANCH DRS5NGji ~93312 RANCH DRSSNG 6628 HOT SAUC GAl: 9083 WORT SCE IlAl 193312 RANCH DRSSNG Vl ~93312 RANCH DRSSNO 319223 HINGED TRAY 309651 FOAH PLATES .986619 HAYONAISE 7319~2 KETCHUP .10 7319~2 KETCHUP 110 16259 OLIVES 55 OZ 72'~5 OLD WOPI 0 4. t. 14 180081 ORANGE JUICE 101017 HOZZ STICKS B01017 HDZZ STICKS 801081 HOZZ STICKS SUBTOTAl.. 111UI 929' 17 IDF WINGS 67991~ THIGH FillET 679911 THIGH FILLET 61991~ THIGH FILLET 67991~ THIGH FillET 11317 SALT 25 LBS 961290 ClERR FRY 961290 CLEAR FRY 961290 CLEAR FRY 961290 CU;.AR FRY 326031 DRNKING WTER 3B9127 CRY 326038 DRNKING WTER 3B9127 CRY 326038 DRNKING UTER 389121 CRV 326038 ORNXING WTER 319127 CRY 326031 ORNXING WTER 3111 27 CRV . I 7.73 1326~ WEINERS 5 lB 6 I ~.16 160290 CHEESE SAUCE SUBTOTAl (: 1.811 .7 T ~.16 T 0 ~.76 T .76 S 10.11 T .... 10.11 T ... '.11 27.98 23.05 13.15 13.17 13.'3 12.11 12.11 12.88 2.51 2.0~ 2.0~ 2.01 1.7& 1.75 1.15 ~.II 1.88 8.76 1.76 1.76 1.76 10.21 10. ~ N P 1. 5.53 N 5.53 N 7.1~ N 5.16 N 5.53 N 5 . 53-N 1.12 T 6.53 T f:- 3.19 N 2.~2 N 2.~2 N 1.39 N 5.11 N 15.13 N 15.~3 N 1 ~3 <65. ~ F 111.11N 10.1~ N ..... 10.81 H 1 10.81 N 10.1~ N 1_ .'6 V F 12.51 N 12.6~ N 1 .91 N 1.21 N 3.91 N 1.21 N \_ 3.9~ N U 1.21 N 3.9411 N 1.21 N 3.9~ N ~ c . ,. I ~ MaY~JI. LVV:J J:V~YM ~~ , 3-18. s--S- , IWIt- 1.81 N , (ooJ-- ~{,.J:R -.mlT '.81 N r: 4 HOT. DOG lUNa 2.04 N 2J~HOTI7OD'ElQ- _ 2.04 N . " '19Om "JEEF 11.01 N ~.I/ 0+ 2'0642 aEEP 17.12 N . . I'U~ _ 29'4031 SIl!UllH JlTY 11.81 H ~- '2'401' SIRLOIN PTY 12.81 N 741601- IlNIONlI<<'1- 3,.41 N .....2.4'l' '8626. mE' . 2 '0 .4 I&'.ft . 1'41186 'WHIl' iDJlI>ING '7'004 CHED/NONT JK . moo", CHEll/MONT JK ?11~. CHED/MDNT JI( 1lS004- CHEMlGHf- Jlt- .~-MHt(flIlI'1mlI n"l? CRY -.. !26&Jt- ORNKINU lIT!Ir - - 3nl~1 t,j..~ ""04 LIQUID ~RY . mm UQun F.Y 'TI~ll ORANOE JUICE 710011 ORaIIGE-.oIUlCE. .?BDDil.JIRANGE .,jUICE 780011 DRRNOE JUIe!. 6UUHNlt-lllNts' . IS:" N ..... 6IUII' INll-rKNlS 61 'IP' INlS SKNJ.S 11.11 N 1t&&KlNlr'Jl(NJ.S U...8IM p -nmnRll1KNLS 13,81 N . '2t1'7. IQF 1I1IIGI, 1+.6Ill J2J1I7 ~~ 1'4~1 N '28187 IaF WING' 14.61 N 'UIIT;~W_ ff.6I N' -141ft, '1lmlST 2J.1~ N 111661 OHKH IRERIT 2L.64 .II- ..~ . 1",1t CIOOf IREIl.T I.UN ,.6nMICIi11liAST 2J.64 N . . I l UIf 6 - &ll.2U...tuP -JOZ-Cl.Il . .. -." ..' ". 900Bn 2' LOWFRT I~PAll-PM'I- 7;'311 V "'H'+l~ ~ ,"",.,;... '. ',", ., SUITOTAL 4 .~" ' TRlt"t Tom I , 1:.0. " TOTAl. 412,69 CHECl mID- ,,11 .,.:lJ8lIG.E.- . ..00 I IJEHS , . . , , ;. +- mVl~~ Our Business 15 S;t~illg Yuur Business: Muney." cLV 1t- ~.~ 4g/~UBKAkR .. - ( 909 ) ~76 - 9259 Fax and Pull 1 UIOU476-9183 ONTARIO. CA 06/02/05 15:15 "1359 6619 003 1211 X KEKBER 101-60098111701 THANK YOU. KARGARlTA 8EACH ~ 8 3.9! 326038 DRNKING l: i 1:'11 " . 1 ~A': . 389121 CRV '-'7 ~02830 FORKS 500 CT 309231 FDRI1 PLATE 19119 PflLHOLlVE m17 SALT 25 LIS 961290 CLEAR FRY 961290 CLEAR FRY 9fi 1290 CLEAR FRY 7~9608 ONIONS 10lB SUBTOTAl 1 ~2186 lLICEO HAll 83266 8ACON 3 l8S 83266 8ACON 3 l8S 32~79~ REDUCED ITEK 32"119"1 REDUCED ITEK 32~79~ REDUCED 17flI 2906~2 BEEF 2906~2 BEEF SUBTOTAl 97900~ CHED/KONT .JK 979DO~ CHED/KDNT .JK "11313 SDURCREAH 3' 2<91 lA~RY' S SEAS 1~12 GARLIC 900593 21 LOWFAT 900593 28 lOWFAT 5793~ SUGAR 5U8TDTAl B26018 SEEDED KNO~ mOl! SEEDEO KN m858 IIJT DOG B .. 3T~858 IIJT DOG 8 ~93312 RANCN ORSSNG 9~3003 OlIVES SU8TOTAl 661819 EXPO KRKASST 626D3~ BATTERIES 657820 JUKBD ClIP 11131~ ENR AA-32 11131"1 EHR AA-32 111321 ENR 9V-8 615958 BLUE STK PEN 615958 BLUE STK PEN 719086 10X13 ClASP SUBTOTAl TAlI 1 7.750 I TOTAl CHECK TEND CHANGE DUE :~5.T' . 6 5.12. e. 5.69 T f 9.23 T 5.21 , 2.86 12.23 12.23 12.23 2.79 83.<1 6.36 6.67 6.67 20.72 21.91 23.15 1~.57 1~.72 19B.21 11.2~ 11.2~ 3.88 ~.8B 3.56 2.15 2.15 3.5~ N 2~0.85 1.77 N ,'I" 77 N 1'...:'83 N H83 N 5.53 N 5.32 N 258.90 ~. 8.UTer-: 9.BB T"1,;f" 1.16 ToR.. 10.18 T1 10.18 T 11.11 T ~.76 T ~.76 T 8.76 T 331.55 7.20 338 . 75 338.75 0.00 I ITEMS SOLD 47 TC8 3~33 3299 3052 <990 8376 7 IIIIII~ 1IIII11I1 ~IIIIII~ III ~IIIIIIIIIII ~lllllll ~llllllllllll ~I ~IIIIIIIIIII mil Stlrt eornlnl UP h 21 cuh back. Applv far SAK'S CLUB Discaver tadav! 06/02105 15'20'36 i , ~ ;~.'(-C-"-~~-'-'''~ r"',"",r~'':''''':;:~'' it ''-i fi.' c=:0J. II : , I, , " ,,---",I...-.J~ ,',,,___ :[ "rl..U----' . ~n. ~~ i i 'Ji;i 'l "",., 11 J ,="'=c. .,~. U-,ururL,:,., ~, . ll~" ~ ,-'1 , . 'U' '. i , , ;;.1 " , J f!JNi!! "i;;-':;;!is:~';.J/f}j ft\,&S;t;:;;(:,,(;.""G7 , iI' .I r(j ):7'''1' , . j I I .... '" ~ ", Resi.ntial ~ecurit_Log ~;te~-' ~ l,D I O~ . Security: ,S(\{\ , , . Manager: ~ - \.. I ,...,) . I CARS ON STREET AT START OF SHIFT 1. 6d~ /L.~11 suV' 6. 2. s)1ue! (/h1~J. YniYtrr 7. 3. J,~rO /01 fJr./"" S 1J Ll i 8.. 4. 't,ll\U ('jp--<b/ c~ 9. Jl 5. '10. <, ~{ . ACCEPTABLE PARKING DURING SHIFT ij Y6 ~J( , 8:dg<, fc.Yl , 6 \' . ) . j 7. :~ :.j 1. .2. 3. ; 8. 4. .:~ 9. 5. 10. CARS TURNED AWAY DURINGiSHIFT 1. 6. .2. 7. 3. 8. 4. 9. . 5. 10. .'\--i JJ<OV . V\ Clean Check Start '01 2.rOD Clean Check End ,e Date: CARS ON STREET AT START OF SHIFT 1. ~1'ArJ OIrY&1 6. 2. 9,}b.tef Ok;v t%-1Yv7. I ,., 3. ~ r 1\ K./' mrt-ou...111 f/L 8.. 4. f::,ll ~ (b~ t1- e tV) 9. 5. Silt te/, IJodfl-' f{ <, Nt 10. ,.. '1- " . . .I.' . Resieential Securit_ Log '=l~g Security: bt="D.{24.) E Manager: ~ f'lN" J 8:\l,.e 'di, '" Ii] ''7. ACCEPTABLE PARKING DURING SHIFT 1. 6. ...~. 7. 3. 8. 4. 9. 5. 10. . CARS TURNED AWAY DURING SHIFT ~161 jV) ~ '7c{t':'l5Yh~ 6. (i;1 cC~ef)nll/mc, /Vf11C(7. 3. " ~J (i;u/ /6P'2-P.f 8. tl3(UC . Wt.P ~k fA Cft4J 3Uburh~r10. Cj,'W Clean Check Start 1. 2. 4. . 5. 4 9. M 2.J1f) , . il . Clean Check End I' ;, f" .' .- - ... Resi.ntial Securit. Log , 'I' '. Date: 1- --=t . Security: be ()\LLJt Manager:~, J I J CARS ON STREET AT START OF SHIFT 1. {Sit Jf ~ I?talY? 6. 8rtA/~ ckt '/t)t;1ro. 7. 0J 'h)e,/' fYJlf~, ,mIL 8. 011lxY /?;vIe J< 9. 2. 3. 4. 5. 10. ACCEPTABLE PARKING DURING SHIFT 1. s/J1~ ~. Prm 6. 2. 7. 3. 8. 4. 9. 5. 10. CARS TURNED AWAY DURING SHIFT 1. 6. I ; . 2. 7. 3. 8. 4. 9. 5. 10. f /&J ~ , Clean Check Start Clean Check End 660 66.'t<. <, , Resi~ntial SecurityILog . ,II '~~ '7; Secu,;ty' ~ I) Manager. r lGh , v " Da~' CARS ON STREET AT START OF SHIFT . , t' 1. S\~--r N))S~{\ 2. ~ \~e;(' n\ ?DJ " 6. 7. 3. 8.. 4. 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT 1. 6. , (\ 7. 2. ; 3. 8. 4. 9. 5. 10. 8. CARS TURNED AWAY DURING SHIFT 1. 6. 2. \ 7. 3. 8. 4. 9. . 5. 10. -0 M 7~ Clean Check Start Clean Chec:k End Resi*ntial Securit.Log Oate: ?-- 7-- 0(; Security: ~() "^ t-J Manager: "rJ~'?f , CARS ON STREET AT START OF SHIFT 1. SIIve-r.n/'5Y:;() 6. 2. 3{/tfl:(' ~J6pf 7. ,3.-B?Je_ fiyr/ ~cn~-w 8., 4. [;ifJ K/ (lt1t"cN, 9. 5. ~ f--knk.. 10. <, ACCEPTABLE PARKING DURING SHIFT 1. .2. 3. 4. 9. 5. 10. , CARS TURNED AWAY DURI SHIFT I . I I 1. 6. 2. 7. 3. 8. 4. 9. 5. 10. Ar /30 2.' Clean Check Start Clean Check End -'Resi*ntial Securi~Log ~ Date: '410' Security: _llFtJ\2{ J'S Manager:_'E:, I :\ , 'Y \, - . . . CARS ON STREET AT START OF SHIFT 1. . .cj /UfJ . r7 is~n . , C h,r\~k1 S(())(F 6. 2. 7. ,'.- 3. 8. 4. 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT 1. 6. . 2. 7. 3. 8. 4. 9. 5. 10. , ~', -~~ ':: ....~ CARS TURNED AWAY DURING SHIFT' " 1. 6. I 2- 7. ~,- . 3. 8. 4. 9. . 5. 10. d1 9)),'0 ~ Z~~6 ./ Clean Check Start Clean CheckiEnd Resi4iential Securit.Log D~,e1'-~ ~ , '. , Security: ~Pt'F- Manager: ~ !~ . 'RS ON STREET AT START OF SHIFT' . 1. SJ1l/if I7,Js c 11 . .' ~r/A;e7 chrysler- ~.~ ~ CK(J~8. 6. 2. 7. <, ,3. 4. 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT 1. Nile, ()od(j_ l1offL. 6. ~ ~ a ~ ~ ~ ~ 1~ . CARS TURNED AWAY DURING SHIFT 1. f1~J U61-k~ 6. "- .------- 7. .- , 2. . \ 3. 8. " ..-r'~ 4. 9. / 5. 10. 1p / ? 3() ~ "Zi0V Clean Check Start Clean Check End '. ,'\ Resitlential Securit. Log 1 Date: . 4? ! 1. )( Security: Manager:BI2i!"\'N . CARS ON STREET AT START OF SHIFT 1. g/~11/5.5qY} Ye/I~~/ (}/~\-\Cn- 7. 6. 2. 3. 8. 4. 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT 1. (3)(/f ~[)~ 6. 2. 7. ;' 3. 8. 4. . 9. \ 5. 10. CARS TURNED AWAY DURING SHIFT 1. 6. 2. 7. 3. 8. 4. 9. 5. 10. /f ?)J3d ~ 2. ;0fl Clean Check Start Clean Check End Resi*ntial Securit.Lo"~rH co ' vr-N'-. Date> oS Security: Manager:~ . CARS ON STREET AT START OF SHIFT 1. 0/1l}fLJ oh~fk1 6. 2.~t)\rV .~JIS'YAy\ 7. , 3. 8. , 4. i i 9. 1 5. 110. , <, . ACCEPTABLE PARKING DURING SHIFT jl~~ttJr~Yl , ! 1. 6. . , 2. 7. " 3. 8. .. 4. 9. 5. "'10. _ . CARS TURNED AWAY DURING .SHIF 1. 6. 2. .7. 3. ' 8. 4. 9. . 5. 10. rt Z::!Y) Clean Check End "', li.eSllenllal ~ecurnl LOg , Dale:' 6- if:-tf) Security: Mi4f-f- Manager: i3~/AJ CARS ON STREET AT START OF SHIFT 1. b/C{ft 2. G/lfe r -O/Y'P Z ~A/(ZS() 6. {hPJe tQJ1J 7/!11<5,/ . 7. t..r 1- 3. 8. 4. 9; : 5. 10. ACCEPTABLE PARKING DURING SHIFT 1/' ' 1.~/ (5~ a.fl1~J)' I {fef 6. , ''''. 2.f>-(~er _.EII-HClC 3f'a1J~pll''/..." 7. 3.5.1.J f/-e/' ~elJJ1lh:J 8. ... .: ~.<t 4. 9. 5. 10. CARS TURNED AWAY DURING SHIFT 1.f!;ve !iOf7r}q ~4(/ , !. 2.~iVf/' ~Hct 3. ~ 6. 7. 8. 4. 9. \. 5. 10. ,,- ~_....,_... Clean Ch nd i< / ResiCential Securit_ Log , ,';:'./ \ .; Date: ,s.ll..1-' 1-4 . 2:.00.0 ~ecurity:. ,.... 'io ,.... t-..l ,-agel: ,"'S-t>. \Lt" . CARS ON STREET AT START OF SHIFT 1. ~1r/2~fnrd explore/' , . a. , 8, It? r A.t~ 1\ \ \ 2. '1. 8ftlfr&;r'v/e3~ .< 3. .. - / 4. g. 5. ~.. 1. IJ 2. 3. 4. 5. 1. 2. 3. 4. . _ 5. 0/' ACCEPTABLE PARKING .URING SHIFT (511ut~ AJ1.f1 <j c. 6. /J/~ . .AI~Yl_ 7. .bv( ~ 9. . 10. CARS TURNED AWAY DURING SHIFT Gr:!' 75ytHz. 7(vvJ~ 6. /fed '71Jyfl-- (}rd!)t>-., 7.' B}(YA 161'0+-, Coroll~ 8. i<,/oc / fOrd t1Gnr:rr 9. a r-cer1 el1eJ-.. :Jfn cr,'(XJ ~ Z:"oO Clean Check Start Clean Check End Resi*ntial Securit.Log Date:JQ/ :1:: ~I rr; Security: -b fl){2t) F Manager: J I' j CARS ON STREET AT START OF SHIFT 1. ~dve/' cfii'-;~k1 2. 3/~ff AJ/SS~(\ 3. (31 ~ OOdif />a rY\ 6. 7. 8.. 4. , 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT 1. 6. ,:i!. 7. 3. 8. 4. 9. i , I 5. 10. , I CARS TURNED AWAY DURING SHIFT. 1. ,6. 2. 7. 8. 3. 4. ,9. 5. 10. or Clean Check Start 2, :f() Clean Check End . ....... i . . '. . . ft e"bate: if /21 . , , Resieential Securit_Log Security: bev J2...bp Manager: ,J~ J1'ft:D/'...J CARS ON STREET AT START OF SHIFT , 3. 6. \,) V\,~ 2. 7. <, 4. 5. ACCEPTABLE PARKING DURING SHIFT 6. 1. .2. 7. 3. G/~€Y) Porrft>~( i I l 8. 4. 9. 5. .10. CARS TURNED AWAY DURING SHIFT 1. 6. 2. 7. 3. 8. 4. 9. 5. 10. ~ ~ :'00 qr /: I Cj Clean Check Start Clean Check End Resi*ntial Securit_Log Date: ,)t'l7f /q 7.~o$ Security: l~t:t,/ Manager: CARS ON STREET AT START OF SHIFT 1.Pkk cht>Llj1/iArOllo 2. ~I({e, cnOyP (fP-t .. 3. JiI C1e HJufl.if P //1 t7 6. 7. 8. 4. 9. . ._- 5. 10. ._ ._.JL--~._,. . ACCEPTABLE PARKING DURING SHIFT 1. stAler ,A/t'5'5Orj qr'~r!'1 6. 2.Si'Jr/t'r cr!~fler 5ebl'v-'n;) 7. & a ~ ~ ~ 1~ CARS TURNED AWAY DURING SHIFT 1. 2. 3. 4. 10. Clean Check End Clean Check Start Resi*ntial Securit. Log ''1' Security: 'tb/ Manager: f3()GYJ . CARS ON STREET AT START OF SHIFT 1. 6. 2. 7. 8.. < 3. 4. 9. 5. 10. ING DURING SHIFT 1. 6. . 2. 7. 3. 8. 4. 9. 5. 10. CARS TURNED AWAY DURING SHIFT 1. 6. 2. 7. 3. 8. 4. 9. .5. 10. # ,:W # 7'~ Clean Check Start ' ean Check End . , , . Resi.ntial Securit_Log ~" _/ lo~O~ Date: Security: bID~:e Manager: 1S )01:) . CARS ON STREET AT START OF SHIFT) 1. . ,S/Iu::/ /1/ l5AVI 6. 2. jr / JV cfJ(1.ljkf l o/l))f~-i I 3. ;;zlvt- .~Gj\Gh~\ 8., 4. 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT 1. -W ,'k-.. (\3~~Yn 6. !: . 2. 7. . .- 3. 8. ., 9. 4. 5. 10. CARS TURNED AWAY DURING SHIFT 1. 6. , . 2. 7. 3. 8. , , 4. 9. .5. 10. Jf ~ / O() Clean Check Start M l: DO ~ Clean Check End ,. Resi"ntial Securit}8Log "D~t~: LV' lIlt, Security: b~bt::=' Manager:~ON . . CARS ON STREET AT START OF SHIFT 1.~ " Do~~yV\ ~1l . 2. '3. -liLt" N; QY'J\ 4'~~1 clJe1 SJotN'bc'q 9. 6. 7. < 8.. 5. 10. ACCEPTABLE PARKING DURING SHIFT 1. 6. . 2. 7. 3. 8. 0 4. 9. , 5. 10. CARS TURNED AWAY DURING SHIFT 1. 6. 2. 7. 3. 8. 4. 9. 5. 10. i ......~--(f;~~-~~:c~sta~ o Clean Check End . Resi*ntial Securit_Log Date: lo-t-B . . 1. 2. ~, .. 3. 4. 5. 1. .2. 3. 4. 5. 1. 2. 3. 4. 5. ,$' . Security: Manager:-=:?' l,j"" CARS ON STREET AT START OF SHIFT S;J(p/ ph,,/sk/ GPmrd 6. "S /IUif/J7/ftx), 0;/0(f7. &/ocA ;fJej(foM 8. 9. 10. ACCEPTABLE PARKING DURING SHIFT I:k tbf &JLJ . 6. JI/tff~ SJhurKAx 7.' ~{d HCJr0J~ (l\r i 8. 9. 10. CARS TURNED AWAY DURING SHIFT 6. 7. 8. 9. 10. Ji! /2 = L{0 Clean Check End 900 Clean Check Start . Resieential Securit_Log l . Date:~05 Security: -.Jch~ . CARS ON STREE{ AT START OF SHIFT' Manager: 'OlZ..l/>..."-.\ 1. S/ltk/ /hrblJ~ f/1i'fc.r 2. 5flvQ (fJ,YjW ~ A 6. 7. , 3. <, 8. 4. 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT 1. 5J!,;er ~ ."f'IO ~ Ieft.-. . 1L PJ4/Y1 ; 6. . 2. 'I j 7. 3. 8. 4. 9. 5. 10. 6. ,7. 3. 8. 4. \9. , I . 5. ~ /,'J() Clean Check Start 10. ~ --/;2I~ ean Check End Res.ential Securi. Log Date:~ D-O~ Security: 1'o'^ t.... ) Manager: ~IC-E . CARS ON STREET AT START OF SHIFT 1. . S j AuC/;rj5)f1C::n:-'Yf?"j~ 6. 2. y/u:rml-J;~{), /h/rrf \,7. 3. J//tJe/ ~~ E"';(eflo! 8. 4. 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT u./Pj fmcf 7fJIJrokybivt/ 6. 1. . 2. 3. 7. 8. 4. 9. 5. 10. CARS TURNED AWAY DUR~NG SHIFT 1. ~/~ Rord &p 1Ofe/ 6. 2. 7. 3. 8. 4.' 9. Oi7 ~t~ . 5. 10. , ' r)i{)\:;O Q.,.".~~V lX)~ '1f7l' , . Clean Check Start C$~e 'I 2:-; 2<J Clean Check End . . ~ " .' INCIDENTREPORT Ct~{~: -f'~~";1eJ ()\J~\f ~~i{ ; K \--\",,',,\c(\ "\'_ :IU~~ J\;' '-'e . .,) If' _ - <, " --Ltfl%'r-~~/~If~~ - . '; I I Cc,{") (1\~. ~ %r'fV : . X :)?,c,/\ Ched" fJ~ :2)0 I 'r ,;,..-' V '~l.r,.. nI.1r.., k /i '7'"70 ,.. ',,- tLI \ l." I ;.t~. i'~ c:.....'t.,' t:..--' .... /y . ~t'I>r~$ . t dif ..,.,.; D.A): ~~\"'Y~y f COUNTS' ~ lOPM HPM- , TZPM" lAM FINAL TOTAL . TYRNE)).AWA\! STARTING STATIONS DE>0R PATIO , DJ. HALL LOT .' LO'f 2 ROVER L 2. 3. 4. 5. 6. 7. 8. 9. 10, :pATE 5-:l:;-o4- REFUSAL LOG DUTIES SHOT GIRtS rOPM 12'AM TRASH EMP'l'JEBo WPM- _ l-2AM LOTCLEAREU ANUSwEPT PAno CLEANED TAASltCANS' IN: HALL BOXES BROKE DOWN PJ}])'AR& LOT CHECKS 1. 2, J. .,___.4. ,. . 4 '. INCIDENT"REPORT . ... . ~a(~o~ ~rL~ 0t<<n . . ..... .."'-" . , ,Ii, " \ " '. . J4CCt>f}e.hk. (Jqrl~l -~ ~. ' . J:fIf :;:};1k mfArff-' I. ('!1{3 -k JfflCC( (}1,\-1a.'j ~ 14 ~~J:../ee,y1 r:heJ::. Jl-~(EL71'(}J ,'>((/ec;j/l cne/;)( ~oJ -e': #,J Reswential ~Securit. Log Date: Security: --J:]l\ ! Manager: -bfGV\ . CARS ON STREET AT START OF SHIFT 1. . StJ/tt" ~ /lJ~ J !1Z1({6C- 6. 2. 7. 3. 8. 4. 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT CARS TURNED AWAY DURING SHIFT Jot&ria 6. 1. \. .I 2. 7. 3. 8. 4. , 9. ' , 5. ----g-'1 :~ . '\ - Cle.n Check Start 10. \,[f L~y) ,. Clean Check End . Res.ential Securi. Log Date: 06/ rJ3 Security: \)Q.V\ Manager:_Qx\<\~ CARS ON STREET AT START OF SHIFT 1. '3ilmr (f/J1-Sfj, fVlJ'r~ 6. 2. 7. 3. 8. ~ a ~ 1~ ACCEPTABLE PARKING DURING SHIFT 1. 6. I 2. 3. 7. 8. 4. 9. 5. 10. frARS TURNED AWAY DURING SHIFT 1. 6. 2. ' 7. 3. 8. 4. 9. _ 5. " J41 10. 9 : '}()- Clean Check Start 2~ Clean Check End / ..... ReswentialiSecuriltl Log Date: CS/IlJ..!a5 Security:,\[)'/\ Manager: !2Je'lo.lI\ . CARS ON STREET AT START OF SHIFT 1. nl( RI m!ts(}, (/11(~",-j 2. 4j fhj{f HerfJ '7. 3. f6~)f.. ~y ~/() 4. t!J0cf., 1-Iorzd.<1 G7 j t'Z, 5. 5;/( K/ /6/Jde. CIUI(" J . 6. 8. 9. 10. ACCEPTABLE PARKING DURING SHIFT 1.-l~fhk (I/JtJIv/ 8-/6 6. , 2. ?Jr/W r?iJMkr I , 7. W 3. ~ '~ '1f1)?K 8. t 4. 3flt'rf f.-/oy;p /C{ (YI/V{ L 9. 5. 10. , CARS TURNED AWAY DURING SHIFT 1. tjI/Lef A//J3Vf1fr(Jr11fe-I 6. 2., i67GtP--\ .-wrrl ~o)t~ 7. 3. 8. 4. 9. . 5. ~ 10. 9;-;k) m Clean Check Start ~.. 2~) Clean Check End e Res.ential Securite Log Date: c:,/ts715 Security: \\W Manager:--!b {) <",y\ J I CARS ON STREET AT START OF SHIFT , 1. 6. 2. 7. 3. 8. 4. 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT 1. 6. . 2. 7. 3. 8. 4. 9. 5. 10. , CARS TURNED AWAY DURING SHIFT ,. b II /0 r:;:Jr '~ (> /1lP/1 if'.. 6. { .\> 2. ~) Ilk{ Cfp~)J ~ 7 (:{ ,7. 11 'f ..- iT,,! ' 3. Iry"c.-17()f~1 /Jpyrr:/y, ! r J ,'~. (' n', ' '1/ 10 1'/:,., .'. 4. ~" "( )\.. <~ ~.:1? V'-\~_, .v.V '.~ ./ . 5. ~<iif 1(~)1k" nrm'):;", 10. ~--~ ,- J ''- ,""./ - - (r II ."J<"F . ,. l c 9. Clean Check Start "'T ~' ;/ q <1:f) ?-<# I Clean Check End , Reswe~tiaISecuri_ Log Date: ::; Ad !(')S 'Security: JoA Manager:_Br"l1f"1 ~ . CARS ON STREET AT START OF SHIFT 1. ,5IA,k/ mrkv, /I7/re.~: 6. 2. S/W .xhr1113 7. 3. , 8. 4. 9. 5. ' 10. ACCEPTABLE PARKING DURING SHIFT 1. 6. . 2. , 7. -'! ( \ 3. 8. 4. 9. , . , 5. 10. CARS TURNED AWAY DURING SHIFT 1. 6. 2. ' 7. 3. 8. 4. 9. ~ 5. 10. T'1:1{) ~. z :-~) " , Clean Check Start Clean Check End . Resi4ential Securit. Log Date: VSjiD!O &) Security: lloo Manager:_f)(nlf , . CARS ON STREET AT START OF SHIFT 1. Sliver M/lslJ, f11 t'rc.{J< 6. 2. C;dlfr l' 5~b/Jf1J 7. 3. 8. , i I , d , 9. 4. 5. 110. " ACCEPTABLE PARKING DURING SHIFT 1. t1r~ Or4- ~ 6. ') i I . 2. ,'I 7. , 3. 8. 4. 9. 5. 10. CARS TURNED AWAY DURING SHIFT 1. ~(lilS<) h/o{l:< , 6. , , 2. ' .,i 7. 3. 8. , 4. 9. . 5. 10. It' L'j{J 0 t Clean Check Start Clean Check End . . Resi*ntiaf Securit. Log Date: 5/"2/05 Security: ~OALManager: ~\~. CARS ON STREET AT START OF SHIFT 1. sliver rfJ/tsv- (fJ/((Jl(j(/ 6. 2. 7. . 3. ! 8. , 4. I 9. : ~ '1 1~ I ACCEPTABLE PARKING DURING SHIFT S~ ~ '" . , , I' . I. ,\ 1. ~ / V /' I A VI~ C"I 6. 40hrk 1Jodr:- Ak<nl . 2. 17. i 3. 8. 4. 9. 5. 10. CARS TURNED AWAY DURING SHIFT 1. 6. 2. 7. 3. 8. 4. 9. .5. ~ . 10. c; .' 36 . - .' Clean Check Start D Clean Check End , - ResiC1enti~" Securittt Log Date: 5:/-'/06 Security: .IN+711~ Manager: \:;IJt- ~i. -.J1f~ I ' . CARS ON STREET AT START OF SHIFT 1. ,")/!ur:f rJIJf$() , flIll{a~ 6. 2. Al}f ,Oc;dff -' ((r;fY/ 7. , 3. 8. ,< 4. 9. 0 , .f 5. J 10. , ^t ACCEPTABLE PARKING DURING SHIFT , 1. ,! 6. , j ,'. 2. 7: . , "~ 3. i 8. ; , 4. 9. o' ._0:, , " 10. 5. I I t CARS TURNED AWAY DURING SHIFT .,., si4~, Sfurn :.. t: 1. 6. , - ~, . 2. i 7. i J , ' , 3. I 8. d , 4. 1. 9. f .-, . 5. 110. I Ct];v , i ~ , 0 i, Clean Check Start Clean Check End , , , Res.ential Securit9 Log -, Date: 5jq07 Security: -cbr\ Manager: --03\~ I CARS ON STREET AT START OF SHIFT 1. ' 6. 2. 7. 3. 8. 4. 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT 1. 6. I 2. 7. Ie 3. 8. 4. 9. 5. 10. CARS TURNED AWAY DURING SHIFT 1.J.!hrk (!fRAY ~~' 6. 2. A/cd, G (q (/0, fr J'X 7. 3. )/)4 I/onc/&z IT~ 8. - 4.8/~ f7p,dJ ~US 9. e 5. 1;1# Ifn hi 10. ..Fn--r::5()un---~-- . . ~ --------.----- _...~--_. - ----- 0 Clean Check Start Clean Check End Res.ential Securittt Log 'Date:~ . 5 f "3> / ()5 Security: ~ ()Y\ Manager: 0 q.JL . CARS ON STREET AT START OF SHIFT 1. /J)UL fkr6c W~ 6. 2. ~/~!tr 1111i&-J, tfr'7V(U1~- 7. 3. 8. <, 4. 9. 5. . 10. ACCEPTABLE PARKING DURIt,tG SHIFT 1. 6. . 2. 7. 3. 8. 4. d<<",.f;oi {S('(Jrp 9. 5. "10. CARS TURNED AWAY DURING?SHIFT 1. 6. 2. ' , 7. 3. 8. 4. .5. ~ , ..i 9. 10. ~ ~\-:xr Clean Check Start o Clean Check End Res.ential Securitr Log ..~ Date: -s J \ a J () S S~~~~itY: ~o ~ . - .' Manager:J) (lIl f' CARS ON STREET AT START OF SHIFT 1. 2. 3. 4. 5. 10. 6. 7. 8. 9. ACCEPTABLE PARKING DURING SHIFT 1. 6. ~ 2. 7. 3. 8. 4. 9. 5. 10. 5. _~n '. b1 ' /Ij--l CARS TURNED AWAY DURING SHIFT 1. 6. 2. 7. 3. 8. 4. 9. 10. ~/L~ , Clean Check Start . JZ1 ~'.\\J Clean Check End / j/ ......... /" ...........- , . ~c, Date:~ 1';)Cf, /(JS . ,,~, Security: -\0 -A'~ Manager: \)" liE . - CARS ON STREET AT START OF SHIFT -c- 1. 6(( p (Inft/Y! :5 VD 6. 2. 5/lUt:i 1f1ib.l m/r'Yf' 7. 3. 8. < , 4. 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT 1. tf{ r.rJ /In ndc. Clel/'S 6. ~ 2. 7. \, .,f'-~ 3. 8. 4. 9. - . 5. 10. CARS TURNED AWAY DURING SHIFT 1. 6. 2. 7. , .. 3. 8. 4. 9. \. 5. 10. 4J ~4 ' 30 Af z:06 Clean Check Start Clean Check End Resi.ntial Securit.Log '"A.l" -'11~'(~Res.ential Securit. Log Date: 'I./Z~I/!3 Security: ~ Manager:-.D0~ . CARS ON STREET AT START OF SHIFT " 1. ~ 2.~.1fp1w. t11i(~' '7. ,.MilL cl;ry4eL~J 8. 6. 4. 9. 5. :z' 10. ACCEPTABLE PARKING DURING SHIFT . ' . ..~ 1. 6. 2. 7. 3. 'I ";i " ; 8. . 4. ~ 9. ;1 ~. 5. 10. t!:if;. . tr:',~-:..-. ,.;). CARS TURNED AWAY DURING SHIFT 1. 6. ' 2. ' 7. 3. 8. 5. ," \ ,~ 9. ,.J10. 4. '. """."... Clean Check Start I ! ! I Res.ential Securi'- Log Date: Security: --(~~ . Manager:-=:D1'>.. \! ~ CARS ON STREET AT START OF SHIFT . 1. Iru.cJ..... 6. I" ~ j j 2. N-f'\N 7. -.j t 1 i 3. ~~, 8. < f I 4. c...A..-i 9. '\ 5. "S ~eR 10. ACCEPTABLE PARKING DURING SHIFT CARS T~RNED AWAY DURING SHIFT 1. 6. 7. 8. 9. '. , 10. '\ 4 2. ' 3. 4. . 5. --~.. ~. . Clean Check Start,,,, ' .. -1Iif: ..' -_..._--~---- ---~ !~!!.'.,'.:.... .. . . Clean Check End ..p ~ Res.ential Securit_Log Date: 5rJ "/-').'1 Security:---S-()II~ Manager: ~,(J~ . CARS ON STREET AT START OF SHIFT 1. 6. 2. 7. 3. 8. -\~: 4. 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT 1. 6. . 2. 7. 3. 8. ., 4. 9. 5. 10. CARS TURNED AWAY DURING SHIFT 1.(9r1~ ) ;1j~)qr7 .41~y 6. .' , / 2. ' 7. 3. 8. 4. 9. .5. 10. ~ 7,'J(j 0 Clean Check Start Clean Check End Resil'entialSecurif4f Log Date: Lf(1/L( 07 Security: UOn Manager{)o.rJP-, \. CARS ON STREET AT START OF SHIFT 1._(fJ/ue) DIJ~_,f1;(t'<<\ ;~ 6. 2. (s/JJfflfYIj'hv~ lYli",~5f.L 7. * f U- 3. i 8. 1 ! i 9. I , 1 4. 5. ' ~ 10. \ l ACCEPTABLE~~~I"NJG OOa""fG SHIFT 1. 'f, 6 ~~ . ! \ ;} 7.' 2. . q 3. --,;, 8. ,~ 4. , 9 i . 5. 10. CARS TURNED AWAY DURING SHIFT 1.OJh\~),~1 fo.VV1f)5 6. 2.{1Jh~ Cbf~rvl fV1 ?Jl~ 7. 3~lut~ ' ~ 8. (6/vr) CI1CJ.^j ) v]D 0; 9. .1(~<-;3~' .. ._;~ W Clean Check Start ~-~~: 10. o Clean Check End Res"ential Securiw Log Date:~ - ~\ - (')~ Security: .)n(\ Manager: U"'\fC . CARS ON STREET AT START OF SHIFT 1. 01{N 6. 2. 7. 3. 8. 4. 9. 5. ' 10. ACCEPTABLE PARKING DURING SHIFT 1~B Juej D(Jd(f-l~rtfVl .2. 3. 6. 7. 8. 4. 9. 5. 10. CARS TURNED AWAY DURING SHIFT 1. 6. 2. ' 7. 3. 8. 4. 9. 1_ 5. -{~~ -. , ~ Clean Check Start 10. -0: }. ~ 3D Clean Check End Res~entic:iI Securi'- Log Date:~'- \o.-b c:; Security: ~ \c'^ , Manager:JJC).\(F . CARS ON STREET AT START OF SHIFT 1.jjrJeut/ 31u (uiSlvL0) I 2. Oorfry j~ap1 (/3/ UVJ 7. 3.MJv~ Mlr~~ (5/11!if) , 8. v - "I 4. fWd fjOCcl.J~~/5/Ju(/),~ 9. I _ ~ t11J- 6. 5. 10. ! , ACCEPTABLE PARKING DURING SHIFT 1. 6. 2. 7. \ . 'j 1 3. " 8. , f , 4. :I 9. 1 5. 10. " J FI t CARS TURNED AWAY DURING SHIFT 1. oi .'! 6. '.~ ! ,j 7. 2. i' , I '~ i 8. f J 1 9. I j 10. J rti ~:}c> ,'--- , Clean Check End ~,- 3. 4. 5. '. ~~ - rzJ. '""1',' ~~ Clean Check Start '. !"~ ~ Res.ential Securi. Log Date:~ "'1 {p' - () C) Security: _'\ N\ Manager: n n. V I'- I CARS ON STREET AT START OF SHIFT 1. (b/(,~ J ch(hLY SLO 6. ~ ~ 3. 8. ~ ~ ~ 1~ ACCEPTABLE PARKING DURING SHIFT 1. 6. :? , I 2. 7. 3. 8. 4. 9. 5. 10. CARS TURNED AWAY DURING SHIFT , ' ':v2 \j' 1. 0 2. (S rfJlil) l-/onr/6. C/U/( 7. 3. (4~ IOjo--f.CA 7(j/)lrq 8. 4. -(6/Cj( k )-1)IeVY --;qfr/)~ / 9. I 5. . , 10. CZJ ~~~o Clean Check Start ,6 1(0:I~ a'ean Check End Res.ential SecuriteLog Date: Security: UM Manager:l'\:JL . CARS ON STREET AT START OF SHIFT 1. (~f(f() CVP,Jj/ 6)~ 6. . I 2. 7. 3. 8. < 4. 9. , 5. 10. .' . ACCEPTABLE PARKING DURING SHIFT 1. ~I A~) (rJ,i+:5J ' rnif~~_ 6. . 2. 7. 3. 8. 4. 9. , 5. 10. CARS TURNED AWAY DURING SHIFT 1. (cj \'J\J) \Jd~, ((#~, 6. 2.$nc~f-15cJ ' . 7. 3. i6JCi (k} D DdW . hQyY\ 8. 4.~b\q0\)^)\~SC1\ .y1m{P( 9. ,~ 5.cwY\i~ AWo I 10. [2f ~ '1 )() 0 ;;J 1 r~ , \ '\ Clean Check Start Clean Check End Res.ential Securif4t Log Date:.:] / l'f 10 r;- Security: , ) (J I!\ Manager: l~o 1/ F:.. . CARS ON STREET AT START OF SHIFT 1. Ch~v\J SID (h1oe) 6. 2. W\\~\~. W\l~q4L~ 7. 3.fXJd(g- ~cx'M ~fbh" s. 4. 9. 5. 10. , ACCEPTABLE PARKING DURING SHIFT 1. 6. I 2. 7. 3. 8. 4. 9. 5. 10. CARS TURNED AWAY DURING SHIFT 1. 6. 2. 7. 3. 8. 4. 9. . 5. '. 10. ~ rzJ ~', ~ () 'JZf d\'S Clean Check Start Clean Check End Res~ential Securi'- 'Log Date:~/OS Security: _ ~ () tI\ Manager: Do.. ,I F . CARS ON STREET AT START QF SHIFT 1. I" vel ) ,tv" 1t11} (U\ .0 6. 2.' (txLK-) elk,!\( Sil:J 7. 3._(J~A~~IJ~~ CcJ(Oil~ 8. 4.~k~) . . <, 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT CARS TURNED AWAY DURING SHIFT 1. vq-ec!) /\H5~n-.lYonff\ L' 6. 2.[W htk) Ch~/ S//tJej(l/~ <)7. 3. 8. 4. 9. _ 5. 0'--1: ~ a ' / Clean Check Start 10. ,0/0 ,~ J f (~" ' [ ~Iean Check End Resi~ential Securit. Log Date: L-\: / ~ In.s Security: _ ') 0 V\ Manager: _I~ r. 1/ f . CARS ON STREET AT START OF SHIFT 1. C htv\/ ~l() (~Ik?) 6. 2. 7. a a ~ ~ ~ 1~ ACCEPTABLE PARKING DURING SHIFT 1. (JI!u-er)lfll15(Jo /J1/rc,~ 6. . 2. (bluiJ fJod(f Moll'] J 7. 3. C6I \J f)~~ lJrd ~ 1 ! larrl-tA 8 4. 9. 5. .- 10. .' CARS TUR _', ,A,WAY DURING SHIFT 5//(Xr; 5i!1~!" 6. (~IIUl J _ i . 2. (\r-1 'n \4-.L) bnn d ~ Ci \) I G 7. , U\ y, ,~ 8. 1. C- 3. 9. 4. .5. 10. ~:)o )Zl. Clean Check Start [] J:I~ --Clean Check End . . . Re"ential 'S~curi. Log , . Date: 4 / / I 0:::; Security: ,) n 1\ Manager: IJo.V( . CARS ON STREET AT START OF SHIFT 1. (GllK) cn~\ji ~'VO 6. 2. 7. 3. 8. 4. '9. " , 5. 10. ACCEPTABLE PARKING DURING SHIFT 1._(S/US)OrdEl ~0w) 6. . 2. (9/lKf) 1Y1;,~)u ~ mi(o;c 7. '- 3. 8. . --- , - 4., 9. 5. 10. CARS TURNED AWAY DURING SHIFT 1. (0kL~\) N/)5~n fI1 (tiirYVq. 6. 2. (r/ / (/f v' j 161O-lc. CfJrtJ//~ 7. 3. (S//!Jf/) 0yrJfq InfOrno. 8. 4. 9. , 5. 10. JZI ~:'\D JZJ ~ .( ! c:s Clean Check Start Clean Check End Res.ential Securi. Log Date:3 / ') / () 5' Security: ) 0 '^ Manager: D ()..y~ . <0;:.... CARS ON S. REET AT START OF SHIFT . /) f. 1. 2.~\t) cnevy J M\~<A 5]0 6. 7. 3. 8. 4. 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT CARS TURNED AWAY DURING SHIFT 1. 6. 2. ' 7. 3. 8. 4. 9. . 5. 10. 0 0 Clean Check Start Clean Check End , ' . Res_ential Securit. Log , Date:-$ It ["let; Security: Manager:1JQ V( · CARS ON STREET AT START OF SHIFT 1.__( f\\t~ ,Gfet 6. 2. ~ 7. 3. f Di' d ~t\ '" ~f.. ~_J--^~~ ~ 17 8. 4. 9. 5. \....... 10. ACCEPTABLE PARKING DURING SHIFT 1. 6. . 2. 7. 3. 8. 4. 9. .' ' 5. 10. CARS TURNED AWAY DURING SHIFT 1. 6. 2. ' 7. 3. 8. 4. 9. . , 5. 10. I2l -10 ',00 Clean Check Start I;z1 'd.' , 0 CJ Clean Check End , Res~ential Securite Log Date:,g / Ol fo') Security: j n f'\ Manager: \-:J1l v, . CARS ON STREET AT START OF SHIFT 10 2. \jZ\ h~\f 51 () 7. 3. S'\\~~( MA-;u- M1f~1- 8. 4. 5\\~[----rGiO+O Cn(ol1~ 9. 1. 5. 6. '<, 10. ACCEPTABLE PARKING DURING SHIFT CARS TURNED AWAY DURING SHIFT / I 6. L51/w ~e)(u 70. Uc .. eftv' lif1ClC 1. 8. 9. o Clean Check End . . Res_ential Securiw Log Date:L-1 -1- os sec~rity: ""\()f'\ Manager: [)n..V( '11 I ! . CARS ON STREET AT START OF SHIFT 1. 'Sh..~\,^~ (~otc'J '\ 2. (\J', r Gre'l ( rc.>lI\~a\ 3. \S \ \>- f -tt td~ k. (<;, \ ()'\ 4. t,{'(,-( fr1\ +'~II. (f'\~ tt\::/" \ 6. 7. 8. 9. 5. 10. ACCEPTABLE PARKING DURING SHIFT 1. . 2. 3. 8. 4. 9. 5. 10. CARS TURNED AWAY DURING SHIFT I 6. 1. . Civ', \4 { "- 2. ,(G f{e~ Wortb C\\JJ(' 3. .;;. 16 0 , , 4.01<:-(,;) fafd C)l If 9. . 5. V8lrx) 01Jdqr2- ()ah()~' 10. 8. 0~:)o ' Clean Check Start 1ZI~~1(j Clean Check End ResifJential Securi_ Log Date, '7/5 V DL/ Se,"';ty, 0ma--fh 0(\ Mana.e,,_Lhv, CARS ON STREET AT START OF SHIFT · 1. de,^! "'1 /Diblvu. 6. 2(6 ue c~e0 ,\if (<;; 7. M; 5 UbjjhLl'7//(E(). SI( 9. 5 u V{Mhik 10. ,,; ., 3. <, 4. 5. ACCEPTABLE PARKING DURING SHIFT I 1. 6. 2. 7. . 3. 8. 4. 9. 5. 10. CARS TURNED AWAY DURING SHIFT 1. 6. 2. 7. 3. 8. , 4. 9. 5. 10. 1,. q',?-,O fiI. ' Clean Check Start IYJ ~'. \0 Clean Check End - ~ ~ . . " ; " I [".'. - "~-"-'-'---" -..-....------" -- ::" ~/;,. . . ,. ~-_._- "'--~~ ~~,'.~ ':, *"i'_ .,i;.:C',,l;. .~ " . . " , THE [ RANCtlO CITY OF CUCAMONCA Staff Report DATE: November 2,2005 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Dan Coleman, Acting City Planner SUBJECT: CONSIDERATION TO INITIATE MUNICIPAL CODE AMENDMENT - QUALITY PROJECT COORDINATING DRC2005-00829 - A REQUEST TO AMEND THE 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. RECOMMENDATION: Staff recommends that the City Council deny the request (maintain current standards). BACKGROUND: In 1997, the City Council adopted Ordinance No. 586 to allow subtenant signs in commercial and office zones. The Ordinance established specific criteria for when subtenant signs may be allowed in particular: . Major or anchor tenant must occupy a floor area in excess of 50,000 square feet. . Subtenant must occupy a minimum of 400 square feet. · Only one subtenant sign is allowed. ANALYSIS: Verizon desires an exterior wall sign at their location on the northwest corner of Foothill and Day Creek Boulevards promoting their "in-store" location within the new Circuit City. Under the current regulation, Verizon is not eligible because Circuit City is 32,899 square feet and Verizon occupies 150 square feet of space (less than 1/2 percent) inside Circuit City. Subtenant is defined as "a business that is owned or operated by the major or anchor tenant, and/or franchisee or subsidiary of the major or anchor tenant; and whose operation is separate from, unrelated to, and different from the major or anchor tenant." An example of a qualifying subtenant is the McDonalds inside Walmart. Ordinance No. 586 was specifically drafted to allow major anchors as small as a typical size grocery store to have an exterior wall sign for a significant subtenant. Many grocery stores now offer the convenience of "one stop shopping" by including Starbuck's, banks, postal stores, photo processing, and movie rental; however, these are typically far less than 400 square feet each. The grocery store that prompted Ordinance No. 586 included a bank subtenant greater than 400 square feet. 117 CITY COUNCIL STAFF REPORT DRC2005,00829 November 2, 2005 Page 2 The applicant proposes lowering the major anchor threshold to 30,000 square feet and lowering the subtenant threshold to 100 square feet. Dan 0 eman Acting City Planner DC/ge Attachments: Exhibit A - Request Exhibit B - Ordinance No. 586 Exhibit C - Circuit City Letter Exhibit D - Proposed Amendment by Applicant /dt; ~~UALlTY PROJECT , COORDIN~TING BUILDING PERMIT SERVICES September 5, 2005 Mr. William Alexander, Mayor City of Rancho Cucamonga 10500 Civic Center Dr. P.O. Box 807 Rancho Cucamonga, Ca 91729-807 CITY OF RANCHO CUCAMONGA SEP 1 3 2005 RECEIVED - PLANNING. Dear Mayor Alexander: I would like to request your consideration in the following matter. Recently, a submittal was made by Verizon Wireless to intall a sign on the Circuit City building located at 12260 Foothill Blvd. The request was denied as Circuit City does not have the required 50,000 sq ft. floor area for subtenant signage. They have 34,000. Verizon Wireless would like to request a text code amendment to allow their signage to be installed. Verizon Wireless occupies 150 sq ft space inside the Circuit City manned entirely by Verizon Wireless employees. Verizon Wireless would like to request your approval to proceed with the text code amendment Included in this package, you will find: 1. Site plan 2. Floor plan of Circuit City floor area, as well as Verizon Wireless floor area. 3. Elevation drawing showing existing Circuit City signage and proposed Verizon Wireless signage. Should you have any questions or require further information, please do not hesitate to contact me. Thank you for your anticipated consideration and cooperation in this matter. Q;U)~~ Joyce Sehi Quality Project Coordinating(permit expeditorfor sign contractor-Grid Sign Systems) 949-305-2889 EXHIBIT A RD. BOX 2653. COSTA MESA, CALIFORNIA 92628-2653 . (562) 494-0430 (d/ ORDINANCE NO. 586 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIGN ORDINANCE AMENDMENT 97"{)3, AMENDING TITLE 14 OF THE MUNICIPAL CODE TO ADD REGULATIONS TO ALLOW FOR THE IDENTIFICATION OF SUBTENANTS OF A MAJOR OR ANCHOR TENANT WITHIN SHOPPING CENTERS WITHIN, SECTION 14.20.100 PERMITTED SIGNS - COMMERCIAL AND OFFICE ZONES. A. RECITALS. 1. On the 12th day of November 1997, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above-referenced Sign Ordinance Amendment. Following the conclusion of said public hearing, the Planning Commission adopted Resolution No. 97-59, thereby recommending the City Council adopt Sign Ordinance Amendment No, 97-03. 2. On the 17th day of December 1997, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing prior to its adoption of this ordinance. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: Section 14,20,100 Permitted Signs - Commercial and Office Zones is hereby amended as shown in the attached Exhibit "A." SECTION 2: The Council hereby finds and determines that the proposed amendment is exempt from the requirements of the California Environmental Quality of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the State CERA Guidelines. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Vallev Daily Bulletin, a newspaper of general circulation in the City of Ontario. California. and circulated in the City of Rancho Cucamonga, California. EXHIBIT B /J-~ Ordinance 586 Page 2 PASSED, APPROVED, AND ADOPTED this 7th day of January, 1998. AYES: Alexander, Biane, Curatalo, Gutierrez, Williams NOES: None ABSENT: None ABSTAINED: None ,,-'_. / ATTEST: ~9cM~~ I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 17th day of December, 1997, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of January, 1998, Executed this 8th day of January, 1998, at Rancho Cucamonga, Califomia. ~~c~~ 1;)3 -' .. ::J ;?g "'.. "CD ...'" 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Box 807 Rancho CUCllmonga, Ca. 91729-0807 To Whom It May Concern: Subject: ~lon of VerizOn Wireless sign to Orc:ult aty building PleaSe be advised that CIrcuit CIty Is In full wpport of verlzon Wireless' request: to add an Identll'icatlon slgn to the exterior of the existing Circuit CIty building Ioarted at 2260 Foothill Blvd. verl%On Wireless Is a subtenant of OU~, OCCUpying 150 sq.ft Inside our space. Their space Is manned by their own emplOyees, thus their reQUeSt to identify themselves. Should you need anything from us relative to approving this request. please contact LI50 J We appreciate all consideration you give lD this appl'O\l8l. S~) , Kent RIchardson As$IStant Vice President, Constructlon CIrcuit City - exH (f)rr c. IdS <:::1 ~J~ 1el o n S' i .. ~ ~ ~ co Ut ""i = - (') o CI. CD ~ 3 CD ::J CI. :I CD ~ - (') :r III :l Q CD 'f .$I C : - !! ll:lI ~ ~ "'0 CD If ;i ai :J:l - f !!. a C a z C a i .. o :::s CD 1 .. 1/1 C 1:1" lit i a ! !!. a c 3 '" C :l ,.. i ... 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