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HomeMy WebLinkAbout2009/03/04 - MinutesMarch 4, 2009 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER. The Rancho Cucamonga Redevelopment Agency, Fire District and City Council held a closed session on Wednesday, March 4, 2009, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:05 p.m. by Chairman/PresidenUMayor Donald J. Kurth. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice ChairmanNice PresidenUMayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor Donald J. Kurth. Also present were: Jack Lam, Executive Director; Pamela Easter, Assistant City Manager; James Markman, City Attorney; John Gillison, Deputy City Manager/Administrative Services and Linda D. Daniels, Redevelopment Agency Director. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S Chairman/PresidenUMayor Donald J. Kurth announced the closed session items B1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, DEPUTY CITY MANAGER AND PAMELA EASTER, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA, City, Fire B2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) -FREEDOM FROM RELIGION FOUNDATION, INC V. CITY OF RANCHO CUCAMONGA, AND LINDA DANIELS -CASE NUMBER 2:08-CV- 07833-PA-PJW, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CA, EASTERN DIVISION -RDA B3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND ARCHIBALD AVENUE -LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY -RDA C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S No one was present to comment on the closed session item. . D. CONDUCT OF CLOSED SESSION Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 2 of 13 Closed session began at 5:05 p.m. ~- E. CITY MANAGER ANNOUNCEMENTS ' No announcements were made. F. RECESS The closed session adjourned at 6:50 p.m. with no action taken. ..... G. REGULAR MEETING. CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/PresidenUMayor Donald J. Kurth called the meeting to order at 7:06 p.m. Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Sam Spagnolo, Diane Williams, Vice Chairman/Vice PresidenUMayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor Donald J. Kurth. Also present were: Jack Lam, City Manager; Jim Markman, City Attorney; John Gillison, Deputy City ManagerlAdministrative Services; Linda Daniels, RDA Director; James Troyer, Planning Director; Peter Bryan, Fire Chief; Chief Joe Cusimano, Rancho Cucamonga Police Department; Robert Karatsu, Library Director; Trang Huynh, Building and Safety Official; Mark Steuer, Director of Engineering Services/City Engineer; Jim Frost, City Treasurer; Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Introduction of Rod Hoops, newly-appointed Sheriff-Coroner of the County of San Bernardino, by Joe Cusimano, Captain of the Rancho Cucamonga Police Department. Joe Cusimano, Captain of the Rancho Cucamonga Police Department introduced the newly-appointed Sheriff-Coroner of the County of San Bernardino, Rod Hoops. H2. Announcement of the March 12, 2009 Joint City Council/Planning Commission Workshop to review and comment on the "The Spirit of Rancho Cucamonga" Guiding Principles. Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 3 of 13 James Troyer, Planning Director, announced the upcoming Joint City Council/Planning Commission workshop on March 12, 2009. H3. Presentation of a check to the Rancho Cucamonga Adult Literacy Program by Mrs. Sharon Goolsby and Barbara Potter. Robert Karatsu, Library Director, introduced Sharon Goolsby and Barbara Potter who presented a $1,000 check to Rosie Manela, Literacy Coordinator. A segment of "Good Morning America' regarding the adult literacy program was played. I. PUBLIC COMMUNICATIONS II. Gino Filippi reminded everyone of the upcoming Library telethon, to be held on March 13, 14 8 15, 2009. A video was shown of a segment of last year's telethon. Bruce Bowne, President of the Library Foundation, spoke in support of the telethon as well. 12. Christopher Weller commended the Council on the review process for the General Plan. He expressed concerns with the economy and urged the Council to create localized currency. 13. Ed Dietl enjoyed the workshop today with the City Council and Planning Commission subcommittee. He urged the City Council to become more involved with the Red Hill traffic situation. He requested assistance in getting the historic gas station secured. Lastly, Mr. Dietl suggested that a world class museum be established. 14. Jim Frost indicated that the 3r0 annual Run for the Wall Fundraiser and BBQ, which will be held on April 4, 2009 at the Raytheon Company. The gates open at 11:00 a.m. Mr. Frost also spoke about a veteran's literacy program. 15. Traci Ruth from CalTrans spoke about the upcoming I-15 rehabilitation project. Community meetings will be held on March 12, 2009 at 8:30 a.m. and March 17, 2009 at 7:00 p.m. in the Victoria Gardens Cultural Center. 16. John Lyons spoke about domestic violence and encouraged women being abused to tell someone. J. CONSENT CALENDAR -REDEVELOPMENT AGENCY The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Agency at one time without discussion. Any item may be removed by an Agencymember for discussion. J1. Approval of Minutes: October 1, 2008 (Regular Meeting) October 15, 2008 (Regular Meeting) February 10, 2009 (2009/2010 Goals) February 18, 2009 (Regular Meeting) J2. Approval of Check Register dated February 11 through February 24, 2009, for the total amount of $1,433,041.09. Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 4 of 13 MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. K. CONSENT CALENDAR=FIRE PROTECTION DISTRICT'- The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board at one time without discussion. Any item may be removed by a Boardmember for discussion. K1. Approval of Minutes: October 1, 2008 (Regular Meeting) October 15, 2008 (Regular Meeting) February 10, 2009 (2009/2010 Goals) February 18, 2009 (Regular Meeting) K2. Approval of Check Register dated February 11 through February 24, 2009, for the total amount of $90,147.67. K3. Approval of an Annexation Map showing Assessor Parcel Numbers 0207-113-23 8 24 (RC66 Plaza, LLC), located on the southwest corner of Foothill Blvd. and San Bernardino Rd., to be annexed into CFD 85-1. RESOLUTION NO. FD 09-004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 09-2) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 K4. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 09-2 (APNs: 0207-113-23 8 24, RC66 Plaza, LLC), into Community Facilities District No. 85-1, specifying services provided, to set and specify the special taxes to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 09-005 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY. FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 09- 2) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 K5. Adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 85-1, Annexation No. 08-2 and ordering the annexation of such property to Community Facilities District No. 85-1 (Pneudraulics, Inc. a California Corporation -APN 0209-021,42). Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 5 of 13 RESOLUTION NO. FD 09-006 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 85-1, ANNEXATION NO. 08-2 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 85-1 MOTION: Moved by Michael, seconded by Williams, to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried 5-0. L. CONSENT CALENDAR -CITY COUNCIL The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember for discussion. Councilmember Williams removed Item L3. for discussion. L1. Approval of Minutes: October 1, 2008 (Regular Meeting) October 15, 2008 (Regular Meeting) February 10, 2009 (2009/2010 Goals) February 18, 2009 (Regular Meeting) L2. Approval of Check Register dated February 11 through February 24, 2009, and payroll ending February 24, 2009, for the total amount of $4,736,198.01. L3. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2009/10 Local Street Pavement Rehabilitation - Overlay of Various Streets, to be funded from Prop. 1 B Acct. No. 1194303-5650/1022194-0 and Prop 42 Traffic Relief Fund, Acct. No. 1190303-5650/1022190-0 for construction of said project. REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS. RESOLUTION NO. 09-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE FY 2009/10 LOCAL STREET PAVEMENT REHABILITATION -OVERLAY OF VARIOUS STREETS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L4. Approval of a Request from "Run for the Wall" for a Waiver of Fees and Charges for Local Events Associated with the 2009 Run. L5. Approval of a Records Retention Schedule Addition for the Animal Care and Adoption Center. RESOLUTION NO. 09-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RECORDS RETENTION SCHEDULE ADDITION FOR THE ANIMAL CARE AND ADOPTION CENTER OF THE CITY OF RANCHO CUCAMONGA Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 6 of 13 L6. Approval of a Resolution authorizing the destruction of City records pursuant to California Government Code Section 34090, the City's Records Retention Schedule, and other applicable legal citations. RESOLUTION NO. 09-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES L7. Approval of a Resolution approving the Memorandum of Understanding (CO 09-146) between the City of Rancho Cucamonga and Executive Management Group for Wages, Benefits, and other Terms and Conditions of Employment for Fiscal Year 2009-2010. RESOLUTION NO. 09-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE CERTAIN MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND EXECUTIVE MANAGEMENT GROUP FOR WAGES, BENEFITS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2009-2010 L8. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for DRC2004-00816, located at 6488 Carol Avenue, submitted by Gilbert B. Rodriguez, GR-JR Construction. RESOLUTION NO. 09-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR DRC2004-00816 RESOLUTION NO. 09-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT - AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2004-00816 L9. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a Maintenance Bond, and file a Notice of Completion for improvements for Tract 14493, located at the southwest corner of Day Creek Boulevard and Banyan Street, submitted by Young California Cucamonga, L. P. RESOLUTION NO. 09-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14493 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 7 of 13 L10. Approval to release the Maintenance Guarantee Bond for Tract 14759 (Street Improvements), located at Wardman Bullock Road and Wilson Avenue, submitted by Pulte Homes. L11. Approval to release the Maintenance Guarantee Bond for Tract 14759-1, located at Wardman Bullock Road and Wilson Avenue, submitted by Pulte Homes. L12. Approval to release the Maintenance Guarantee Bond for Tract 14759-2, located east of Wardman Bullock Road and South of Wilson Avenue, submitted by Pulte Homes. L13. Approval to release the Maintenance Guarantee Bond for Tract 14759-3, located at Wardman Bullock Road and Wilson Avenue, submitted by Pulte Homes. L14. Approval to release the Maintenance Guarantee Bond for Parcel Map 16089, located on the north side of Wilson Avenue, east of Hermosa Avenue, submitted by David F. Dowding & Judy Dowding, husband and wife; Daniel Valdivia & Karla Valdivia, husband and wife; and Fabricio Badiola. a married man. L15. Approval to release Faithful Performance Bond No. 6473445 in the amount of $901,115.00, retained in lieu of a Maintenance Guarantee Bond, for Foothill Boulevard Storm Drain from San Sevaine Channel to 1900' east of Etiwanda Avenue project, Contract No. 07-126. L16. Approval to release Faithful Performance Bond No. 727421P in the amount of $172,730.06, retained in lieu of a Maintenance Guarantee Bond, for La Senda and Etiwanda Channel Access Ramps and Foothill Boulevard Drainage Improvements project, Contract No. 07-208. L17. Approval to accept the Wilson Avenue Pavement Rehabilitation from Archibald Avenue to Canistel Avenue improvements, Contract No. 08-160 as complete, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond, authorize the City Engineer to file a Notice of Completion, and approve the final contract amount of $950,519.40. RESOLUTION NO. 09-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE WILSON AVENUE PAVEMENT. REHABILITATION FROM ARCHIBALD AVENUE TO CANISTEL AVENUE IMPROVEMENTS, CONTRACT NO. 08-160 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK L18. Approval to accept the Fiscal Year 2008/2009 Local Street Rehabilitation Overlay project, Contract No. 08-161 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 $786,784.00. RESOLUTION NO. 09-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE FISCAL YEAR 2008/2009 LOCAL STREET REHABILITATION OVERLAY PROJECT, CONTRACT NO. 08-161 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Michael, seconded by Williams, to approve the staff recommendations in the staff reports for the remaining items. Motion carried 5-0. Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 8 of 13 DISCUSSION OF ITEM L3. Councilmember Williams indicated that residents often contact her with questions on when their street will be repaired. She requested that a map showing the various scheduled street improvements be placed on the Internet. Mark Steuer, Director of Engineering Services/City Engineer indicated that the list could be posted along with the completion dates. MOTION: Moved by Williams, seconded by Michael, to approve the staff recommendations in the staff report. Motion carried 5-0. RR1e.!• M. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. M1. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSSION DECISION FOR THE REVOCATION OF CONDITIONAL USE PERMIT 87-06R - PEPPER'S MEXICAN RESTAURANT - To consider revocation of a conditional use permit for the serving of distilled spirits in conjunction with a restaurant use, located at 9740 19th Street. APN: 1076-011-10. Related File: Entertainment Permit 89-04R. (CONTINUED FROM JANUARY 21, 2009) RESTAURANT - To consider revocation of an Entertainment Permit in conjunction with a restaurant use, located at 9740 19th Street. APN: 1076-011-10. Related File; Conditional Use Permit 87-06R. (CONTINUED FROM JANUARY 21, 2009) , RESOLUTION NO. 09-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT NO. CUP 87-06, FOR THE SERVING OF DISTILLED SPIRITS IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 9740 19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1076-011-10. RESOLUTION NO. 09-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S REVOCATION OF ENTERTAINMENT PERMIT NO. EP89-04, WHICH PERMITS ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT, LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 9740 19TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1076-011-10. Tabe Van der Zwang, Associate Planner, gave the staff report. In response to Councilmember Spagnolo, Mr. Van der Zwang reviewed the timeline of events. He indicated that the Police Department and ABC conducted a joint compliance check on August 8, 2008 at which time one person was arrested for public intoxication, the bartender was cited for serving alcohol to an intoxicated person and the Pepper's manager was cited for having an expired business license. Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 9 of 13 Mr. Van der Zwang responded to Mayor Kurth and indicated that Pepper's was not chosen specifically for the compliance check but that the check was done randomly with several different establishments. Afterwards, the applicant came in and filed for a new business license listing the business as Pepper's Sports Bar. The Planning Department sent a letter informing the applicant that a sports bar was not a permitted use and to cease the non-permitted use. In response to Mayor Kurth, Mr. Van der Zwang stated that Pepper's was not allowed to operate until 2:00 a.m. as the Conditional Use Permit only allowed the restaurant to be open until 11:00 p.m. Staff does not know when the business started allowing patrons to stay later than 11:00 p.m. Mayor Kurth inquired on the type of music allowed with the Entertainment Permit and it was noted that light jazz or soft pop was allowed, not heavy metal or a disc jockey. The increase in the number of calls for service was discussed. In response to Councilmember Williams, Mr. Van der Zwang stated that that the bouncer-related assault calls for service were incidents when a person filed a complaint against the bouncer. He indicated that as a result of the August, 2008 incident the matter was scheduled for October 22, 2008 and noted that at that meeting, the Planning Commission revoked the Conditional Use Permit and the Entertainment Permit. As this decision has been appealed to the City Council, a stay has been placed on the revocation and the business is still in operation. Mr. Van der Zwang indicated that the applicant has made a number of changes since the decision, including removing the high bar tables and bar stools, partially adhering to the hours of operation (on October 31, 2008 the Police Department found that Pepper's was open and serving alcohol after 11:00 p.m.), obtained a business license and no longer offers live music or a disk jockey. Also, he noted that the applicant has removed the bar signage and indicated that calls for service have decreased. In response to Mayor Pro Tem Michael, it was believed that the reduction in calls for service was related to the change in the hours of operation. Before that time, most of the calls for service were after 12:00 midnight. In response to Councilmember Spagnolo, police officers present indicated that the bouncers might still be in jail. It was not known what time Peppers is currently closing. In response to Mayor Kurth, staff indicated that Peppers is still serving distilled spirits. Jack Lam, City Manager, commented that the lapse in licensing was due to a reduction in staff. Since that time, the City has an automated system to ensure that business licenses are kept current. Also discussed were the locations in which bars are allowed. James Troyer, Planning Director stated that the kitchen was completely closed when staff became aware of the situation. The kitchen has since then been reopened. He indicated to Councilmember Williams that he would like to see a year elapse with the business in compliance before allowing distilled spirits. Also discussed was the placement of video games without a permit. It was noted that the applicant was contacted and has since then removed the games. Mr. Van der Zwang responded to Mayor Kurth and was unable to confirm that the business was completely compliant at this point in time. Mayor Kurth opened the public hearing. Bruce Allen, Esq. Attorney for Pepper's Restaurant noted that when the owner was told of the lapse in the licensing, he applied for one. He recognized the calls for service but was not certain how factual the calls were. Mr. Allen indicated that the issue with ABC had been resolved and noted that a fine had been paid and the suspension was permanently stayed. He had advised the family of the practice of staying open later than 11:00 p.m. to allow patrons to fnish their food and drinks. Mr. Allen noted that when the owner had bought the business in 2005, it had been operating as a sports bar. He asked that the appeal of the Entertainment Permit be withdrawn. The owner participates in the community and wants to stay in business. Mr. Allen showed pictures of the walls and indicated that the beer signs had been removed. Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 10 of 13 In response to Mayor Pro Tem Williams, Mr. Troyer stated that the owner was not asked to remove indoor signage. However, James Markman, City Attorney noted the testimony at the Planning Commission meeting about the bar-like atmosphere and stated that the owner is trying to resolve this concern. Mr. Allen recognized the desire for a probation period but he expected that the calls for service will go down due to the change in the hours of operation. Mr. Markman suggested that the hearing be continued to another date so that staff could periodically check on the operation to ensure compliance. If the City Council chose not to revoke the permit and then wanted to reconsider that decision, the matter would need to be placed on the Planning Commission's calendar and the process would need to start all over again. In response to the Council, Captain Joe Cusimano stated that the Police Department would like the permit revoked as this could become a problem again if the business were allowed to continue. Captain Cusimano noted that he could check with ABC on the status of the matter and do unannounced checks on the business to ensure compliance if the City Council wished. Mr. Allen responded to Mayor Pro Tem Michael and indicated that Mr. Frias was comfortable with the conditions of approval. Mayor Pro Tem Michael expressed a concern with putting the owner out of business as this would affect the neighborhood center and concurred with the continuance. Councilmember Williams expressed a concern with the bouncers and asked the owner to use a better set of standards for hiring bouncers. In response to Councilmember Williams, Mr. Frias noted his lunch menu and recognized the need to promote the lunch menu and early dinner clients. He stated that the Planning Department had advised that he should stop serving clients at 11:00 p.m. but could allow them to finish up before leaving. Councilmember Spagnolo requested proof that more food is being sold than drinks. In response, Mr. Troyer indicated that ABC could provide this information. Mayor Kurth closed the public hearing. Mayor Kurth noted that the City Council relied upon the Planning Commission and staff and understood why the Conditional Use Permit and Entertainment Permit were revoked. However, he noted the progress being made on the concerns outlined in the staff report. The City Attorney suggested that the City Council continue the matter in order to allow time to observe the business. Mr. Markman inquired if Mr..Allen concurred with the continuance. As Mr. Allen concurred, Mr. Markman suggested that the City Council adopt a motion continuing the hearing to July 1, 2009 in this Council Chambers at 7:00 p.m. MOTION: Moved by Michael, seconded by Williams, to continue the hearing to July 1, 2009. Motion carried 5-0. Mr. Allen requested that the matter be continued until July 15, 2009 due to the 4~" of July weekend. AMENDED MOTION: Moved by Michael, seconded by Williams, to continue the hearing to July 15, 2009. Motion carried 5-0. M2. ENVIRONMENTAL ASSESSMENT AND APPROVAL OF A DRAFT ORDINANCE OF VACANT AND ABANDONED RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES - DRC2008-00295 -CITYWIDE - An Ordinance to adopt regulations pertaining to the maintenance and security of vacant and abandoned residential, commercial and industrial properties and amending Title 8 of the Municipal Code. It is not anticipated that the project will not have any significant impacts on the environment and therefore, the project is not subject to further review Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 11 of 13 pursuant to California Environmental Quality Act (CEQA), Section 15061(b)(3). Staff has prepared a Notice of Exemption for consideration. (PowerPoint Presentation) ORDINANCE NO. 810 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING REGULATIONS PERTAINING TO THE MAINTENANCE AND SECURITY OF VACANT AND ABANDONED RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTIES, AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE James Troyer, Planning Director, gave the staff report. In response to Mayor Kurth, Mr. Troyer and Mr. Markman spoke about the regulation and enforcement of this Ordinance. Mayor Pro Tem Michael stressed that the provision for green paint only applies to homes in foreclosure Councilmember Spagnolo noted that the City is not alone in this problem and stated that a League task force had been established to put together some regulations. This Ordinance has been shared with the task force. Mayor Pro Tem Michael supported the Ordinance and stated the desire to protect the value of homes in the City. Trang Huynh, Building and Safety Official, indicated that there is no fee to register a home under this program. Mayor Kurth opened the public hearing. Ryan Smith, from the Inland Valley Association of Realtors, appreciated the problem and pledged to work with the City. Ed Dietl suggested that the City form teams to water the landscaping and ensure that the homes were secured. John Lyons indicated his success in contacting staff to secure foreclosed homes. He suggested that volunteers be found to assist. Mayor Kurth closed the public hearing. MOTION: Moved by Michael, seconded by Williams, to adopt Ordinance 810 for first reading and set second reading for March 18, 2009. Motion carried 5-0. M3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ELECTRIC RATES, FEES, AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RESOLUTION NO. 09-038 Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 12 of 13 Michael Ten Eyck presented the staff report. Mayor Kurth opened the public hearing. With no speakers, Mayor Kurth closed the public hearing. MOTION: Moved by Williams, seconded by Gutierrez, to adopt Resolution No. 09-038. Motion carried 5- 0. N. COUNCIL BUSINESS The following items have been requested by the City Council for discussion N1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Councilmember Spagnolo spoke regarding the flag burning ceremony last weekend and reminded everyone of the Foreclosure Prevention and Assistance Workshop on March 7, 2009 from 9:00 - 3:00 p.m. at the Goldy S. Lewis Community Center. Councilmember Spagnolo indicated that an Arbor Day celebration would be held on March 11, 2009 at 9:30 p.m. He urged the community to support the Library Telethon. Councilmember Spagnolo indicated that Rancho Cucamonga was the best place to live and encouraged the community to shop in the City. Mayor Pro Tem Michael encouraged everyone to support the telethon, as funds raised help sustain library services. He received the Grapevine and was astounded as to the amount of material in it. Mayor Pro Tem Michael noted the passing of former state Assembly Member Nell Soto and asked that the meeting be adjourned in her honor. Councilmember Williams concurred, noting that Nell Soto was a great friend to local government. Councilmember Williams reported on the recent trip to Washington D.C. by representatives of San Bernardino Association of Governments and indicated that they received a very favorable reception. She noted that the Mayor of Highland was appointed to the California ID Committee. Mayor Kurth commended Nell Soto, noting that she was always willing to champion bills for the good of the community regardless of their difficulty. He indicated that the entire City Council welcomed contact by the members of the public and was thankful of the opportunity to serve. N2. LEGISLATIVE AND REGIONAL UPDATES (Oral) Councilmember Spagnolo noted that the voters will be deciding on some of the issues approved in the State budget compromise. He encouraged everyone to read the material carefully and vote. Councilmember Spagnolo referenced the economic stimulus package and stated that the City has established a task force to track funding availability at the Federal level. Mayor Pro Tem Michael reported that he had traveled to Washington DC with the Mayor, City Manager and Principal Management Analyst in order to meet with our representatives and various agencies. Mayor Kurth confirmed that these trips were important to ensure funding for the City and announced that the 2009 Federal Omnibus Bill passed last week in the House contained $712,500 for the City. Mayor Kurth noted that the money would be used to assist the flow of traffic from the I-15 Freeway at Baseline. He thanked Congressman Dreier for his assistance. ..,... Redevelopment Agency, Fire Protection District, City Council Minutes March 4, 2009 Page 13 of 13 . O. IDENTIFICATION OF ITEMS FOR NEXT MEETING Councilmember Gutierrez requested an update on the Red Hill traffic issue. P. ADJOURNMENT Mayor Kurth adjourned the meeting at 10:32 p.m. in memory of former state Assembly Member Nell Soto. The meeting was adjourned to March 12, 2009 at 6:30 p. m. Res ecffully submitted, 1 ~~~.~ Deb L. McKay, MMC Assistant City Clerk/Records Manager Approved: March 18, 2009