HomeMy WebLinkAbout2010/03/17 - MinutesMarch 17, 2010
RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL
CLOSED SESSION MINUTES
A. CALL TO ORDER
The Rancho Cucamonga City Council, Fire District and Redevelopment Agency held a closed session
on Wednesday, March 17, 2010, in the Tapia Room of the Civic Center located at 10500 Civic Center
Drive, Rancho Cucamonga, California. The meeting was called to order at 5:15 p.m. by
Chairman/PresidenUMayor Donald J. Kurth.
Present were Agencymembers/Boardmembers/Councilmembers: Diane Williams, Sam Spagnolo, Vice
ChairmanNice President/Mayor Pro Tem L. Dennis Michael and Chairman/PresidenUMayor Donald J.
Kurth. Agencymember/Boardmember/Councilmember Rex Gutierrez was absent.
Also present were: Jack Lam, City Manager; James Markman, City Attorney and John Gillison,
Assistant City Manager.
B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S~
Chairman/Mayor Donald J. Kurth announced the closed session item:
D1. LABOR NEGATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN
GILLISON, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND
CONFER PROCESS -RDA, FIRE & CITY
C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S~
No one was present to comment on the closed session items.
D. CONDUCT OF CLOSED SESSION
Closed session began at 5:15 p.m.
E. CITY MANAGER ANNOUNCEMENTS .
No announcements were made.
F. RECESS
The closed session adjourned at 6:45 p.m, with no action taken.
Redevelopment Agency, Fire Protection District, City Council Minutes
March 17, 2010 -Page 1 of 14
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 7:00 p.m.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Diane Williams, Sam
Spagnolo, Vice ChairmanNice PresidenUMayor Pro Tem L. Dennis Michael and
Chairman/PresidenUMayor Donald J. Kurth.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; John Gillison, Assistant
City Manager; Linda Daniels, Deputy City Manager/Economic and Community Development; Joe
Cusimano, Police Chief; Mike Bell, Fire Chief; James Troyer, Planning Director; Chris Paxton, Human
Resources Director; Tamara Layne, Finance Director; Mark Steuer, Director of Engineering Services;
Trang Huynh, Building & Safety Official; Kevin McArdle, Community Services Director; Bill Wittkopf,
Public Works Services Director; Jim Frost, City Treasurer; Debra McKay, Records Manager/Assistant
City Clerk and Kathy Scott, Assistant City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Presentation of the Achievement of Excellence in Procurement (AEP) Award to the Council
from the Purchasing Division in which was received in May of 2009, and to announce "March
as Purchasing Appreciation Month."
Dawn Haddon, Purchasing Manager, and John Gillison, Assistant City Manager, presented the
Achievement of Excellence in Procurement Award to the City Council. Mayor Kurth announced
March as Purchasing Appreciation Month.
H2. Presentation of a Proclamation declaring April 1, 2010 as Census Day in the City of Rancho
Cucamonga
Mayor Kurth presented a proclamation declaring April 1, 2010 as Census Day.
H3. Presentation of a Proclamation to Camp Fire USA for 100 years of service.
Mayor Kurth presented a proclamation to Camp Fire USA Boardmember Tamara Martin commending
Camp Fire USA for 100 years of service.
I. PUBLIC COMMUNICATIONS
Mayor Kurth referenced Item 01 (Proposed revisions to Landscape Maintenance District (LMD) #6) on
the agenda. He reported that staff met today with the LMD #6 coalition to discuss the level of
maintenance in this District. This agenda item is being pulled and continued for 30 days so that further
discussion can be held on available options.
Robert Hills indicated that he is a representative of the LMD #6 coalition. The coalition members are not
in favor of any of the options outlined in the staff report. Mr. Hills was pleased that they were able to
meet with staff today and hoped to work together to find mutually acceptable resolutions.
Redevelopment Agency, Fire Protection District, City Council Minutes
March 17, 2010 -Page 2 of 14
Tina Harbeck referenced LMD #6 and stated that the residents should have been notified years ago
that the fund was insolvent. She noted that the City needs to take part of the responsibility to resolve
this matter. Mrs. Harbeck noted that the residents are willing to pay more to maintain the District
properly but want it managed properly.
Ed Hills indicted that the recent vote failed due to an overwhelming lack of trust. He pledged to work
with the City Council and City Manager to resolve the budgetary problems. Accountability and
transparency are needed.
Jim Frost stressed the importance of participating in the census. He also spoke regarding the upcoming
Run for the Wall, which will start on May 19, 2010 from Victoria Gardens. Mr. Frost showed a video
from a previous Run for the Wall to the City Council and the audience.
Janet Walton distributed a National Day of Prayer invitation to the City Council and requested a
proclamation. She presented information on St. Patrick and offered a prayer to the City Council, staff
and the audience.
Jeff Millet invited the City Council and the audience to the American Cancer Society's Relay for Life,
which will be held in Rancho Cucamonga on May 15 - 16, 2010. Further information can be found at
www. relayforlife. org.
Jim Moffatt referenced Item M1 (Ordinance prohibiting smoking at transit stops and outdoor service
lines). He had thought that this Ordinance had been shelved at a previous workshop when the Mayor's
motion did not receive a second. Mr. Moffatt had driven by various transit stops on the way to this
meeting and there was no one there. He suggested that the $6,000 to put up signs would be better
spent in LMD #6.
Bill Hanlon indicated that the Traveling Vietnam Wall will be coming to California on Sunday. He
restated his previous requests for a memorial in the City recognizing all the veterans who have ever
served.
Jacqueline Bolda noted that she lost her job two years ago. When she received a letter regarding an
increased assessment in LMD #6 she couldn't afford it and opposed it. No one had communicated all of
the issues with her. Mrs. Bolda wanted the landscaping to be at an A level, not an F level.
Janine Slucter invited the City Council and the audience to the Festival of Arts at Vineyard Junior High
School on May 1, 2010.
Michelle Goodlander appreciated the City's efforts to work with the coalition on LMD #6. She confirmed
that the coalition would return with a signed petition with a sufficient number to request another
Proposition 218 election. Mrs. Goodlander requested the costs for both A and B service levels.
John Lyons noted that he had voted many years ago to form a LMD in his neighborhood. The
calculations included an automatic escalator clause, which keeps his District from having to go through
this process. Mr. Lyons cautioned students not to travel to Mexico during the upcoming Spring Break.
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: March 3, 2010 (Regular Meeting)
J2. Approval of Check Register dated February 24 through March 9, 2010, for the total amount of
$682,298.87.
Redevelopment Agency, Fire Protection District, City Council Minutes
March 17, 2010 -Page 3 of 14
J3. Approve to receive and file current Investment Schedule as of February 28, 2010
J4. Approval to authorize an increase to Contract No. CO 09-228 in the amount of $64,000.00
to Pendleton Partners Inc., to authorize the expenditure of a 10% contingency in the
amount of $6,400.00, and approve Contract Change Order No. 1 for the professional
consulting services for the EMD/Dispatch Transition Project contract to be funded from
Account No. 2505801-5300.
L5. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $1,197,794.00, to the apparent low bidder, R.J. Noble Company (RA 10-003),
and authorize the expenditure of a 10% contingency in the amount of $119,779.40, for the
Haven Avenue Pavement Rehabilitation from 4th Street to Foothill Boulevard, to be funded
from Measure I Funds, Proposition 42 Funds and 2004 Tax Allocation Bond Funds, Account
Nos. 1176303-5650/1681176-0, 1190303-5650/1681190-0 and 2660303-5650/1681660-0,
respectively, and appropriate $106,000.00 to Account No. 1190303-5650/1681190-0 and
$469,000.00 to Account No. 2660303-5650/1681660-0 from Proposition 42 Fund balance and
2004 Tax Allocation Bond Fund balance, respectively, for a total of $1,337,573.40 (Contract
award of $1,197,794 plus 10% contingency in the amount of $119,779.40 and $20,000.00 for
construction survey services and incidentals).
J6. Approval of a Professional Services Agreement with Pitassi Architects, Inc. (RA 10-004) of
Rancho Cucamonga for the creation of the Public Works Services Administration/Crew
Building design development, construction documents and construction administration in the
amount of $853,045.00 ($775,495 contract amount plus a contingency of $77,550) to be
funded from 2 66 0 8 01-565 0/1 6 5 0660-0 (2004 Tax Allocation Bonds).
J7. Approval to purchase a set of two AIX Series Server hardware, software and maintenance
from Mainline Information Systems utilizing a GSA contract in the total amount of $97,122.00
to be funded as follows: $23,889 from Account 1714001-5605 (Computer
Equipment/TechnologyReplacement Fund-Capital Outlay), $3,967 from Account 1714001-
5152 (Software), $4,680 from Account 1714001-5300 (Contract Services), $11,766 from
Account 2624801-5605 (Civic Center Reserve-Computer Equipment), $1,954 from Account
2624801-5152 (Software), and $2,305 from Account 2624801-5300 (Contract Services),
$35,656 from Account 1016301-5605 (Comm. Dev. Technical Services Fund-Capital Outlay),
$5,920 from Account 1016301-5152 (Software), and $6,985 from Account 1016301-5300
(Contract Services).
MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendations in the staff
reports contained within the Consent Calendar. Motion carried 5-0.
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 atone time without discussion. Any item may be
removed by a Boardmember for discussion.
K1. Approval of Minutes: March 3, 2010 (Regular Meeting)
K2. Approval of Check Register dated February 24 through March 9, 2010, for the total amount of
$55,893.82.
K3. Approval to receive and file current Investment Schedule as of February 28, 2010.
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.
Redevelopment Agency, Fire Protection District, City Council Minutes
March 17, 2010 -Page 4 of 14
L. CONSENT CALENDAR -CITY COUNCIL
The fallowing Consent Calendar items are expected to be routine and noncontroversial. They
will be acted upon by the Council at one time without discussion. Any item may be removed
by a Councilmember for discussion.
L1. Approval of Minutes: March 3, 2010 (Regular Meeting)
L2. Approval of Check Register dated February 24 through March 9, 2010, and payroll ending
March 9, 2010, for the total amount of $4,903,896.02.
L3. Approval to receive and file current Investment Schedule as of February 28, 2010.
L4. Approval of Community Services Update Report.
L5. Approval to award the purchase of four (4) hybrid sports utility vehicles ("SUV") to Theodore
Robins Ford of Costa Mesa, California, as per Request for Bid ("RFB") #09/10-018 in the
amount of $119,568.19 from Account Number 1105208-5604 (Federal Asset Seizure Fund)
and authorization for the transfer of all four (4) SUVs to facilitate their use by the County of
San Bernardino for Police Department services.
L6. Approval to allocate $10,000 awarded by the California State Library into Library Revenue
Account 1291000-4740/0-3706 and appropriate $8,000 into Expenditure Account 1291602-
5200/0-3706 and $2,000 Into Expenditure Account No. 1291602-5100/0-3706.
L7. Approval of a request from South Coast Air Quality Management (AQMD) for a waiver of fees
for use of the Epicenter Special Event Area on Friday, June 11th and Saturday, June 12th,
2010, to conduct their Electric Lawn Mower Exchange Event.
L8. Approval of plans and specifications for "Citywide Bridge Deck Maintenance -Phase 2 of 3"
and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from Acct. No.
1116303-5650/1542116-0 (Etiwanda Drainage) and Account No. 1 1 1 2 30 3-5650/1 542 1 1 2-0
(Drainage FAC/General).
RESOLUTION NO. 10-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE CITYWIDE BRIDGE DECK MAINTENANCE -
FY 2009/10 IN SAID CITY AND AUTHORIZING AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE BIDS
L9. Accept the bids received, award and authorize the execution of a contract in the amount of
$24,300.00 to the apparent low bidder, Jim Prather's Landscape, Inc. (CO 10-020) of Rancho
Cucamonga, California, and authorize the expenditure of a 10% contingency in the amount of
$2,430.00 for the Red Hill Park cobblestone installation which will replace the deteriorated
plant material and prevent soil erosion, to be funded from 1 84 8 30 3-56 50/1 6 97848-0 (PD 85
Redemption Fund).
L10. Approval to accept the bids received and award and authorize the execution of the contract in
the amount of $1,197,794.00 to the apparent low bidder, R.J. Noble Company (CO 10-021),
and authorize the expenditure of a 10% continency in the amount of $119,779.40, for the
Haven Avenue Pavement Rehabilitation from 4 Street to Foothill Boulevard, to be funded
from Measure I Funds, Proposition 42 Funds and 2004 Tax Allocation Bond Funds, Account
Nos. 1176303-5650/1681176-0, 1190303-5650/1681190-0 and 2660303-5650/1681660-0,
respectively, and appropriate $106,000.00 to Account No. 1 1 90303-56 50/1 6 81 1 90-0 and
$469,000.00 to Account No. 2660303-5650/1681660-0 from Proposition 42 Fund balance and
Redevelopment Agency, Fire Protection District, City Council Minutes
March 17, 2010 -Page 5 of 14
2004 Tax Allocation Bond Fund balance, respectively, for a total of $1,337,573.40 (Contract
award of $1,197,794 plus 10% contingency in the amount of $119,779.40 and $20,000.00 for
construction survey services and incidentals).
L11. Approval to purchase a set of two AIX series server hardware, software, and maintenance
from Mainline Information Systems utilizing a GSA contract in the total amount of $97,122.00
to be funded as follows: $23,889 from Account 1714001-5605 (Computer
Equipmentlfechnology Replacement Fund-Capital Outlay), $3,967 from Account 1714001-
5152 (software), $4,680 from Account 1714001-5300 (Contract Services), $11,766 from
Account 2624801-5605 (Civic Center Reserve-Computer Equipment), $1,954 from Account
2624801-5152 (Software), $2,305 from Account 2624801-5300 (Contract Services), $35,656
from Account 1016301-5605 (Comm. Dev. Technical Services Fund-Capital Outlay), $5,920
from Account 1016301-5152 (Software), and $6,985 from Account 1016301-5300 (Contract
Services).
L12. Approval to release of Faithful Performance Bond No. 8215-29-47, retained in lieu of
Maintenance Guarantee Bond in the amount of $917,212.70, for the Wilson Avenue Pavement
Rehabilitation from Archibald Avenue to Canistel Avenue improvements, Contract No. 08-160.
L13. Approval to release of Faithful Performance Bond No. 0477993, retained in lieu of
Maintenance Guarantee Bond in the amount of $757,000.00, for the Fiscal Year 2008/2009
Local Street Rehabilitation Overlay project, Contract No. 08-161.
MOTION: Moved by Michael, seconded by Gutierrez, to approve the staff recommendation in the staff
report. Motion carried 5-0
M. CONSENT ORDINANCES
The following Ordinances have had hearings at the time of first reading. Second readings are
expected to be routine and noncontroversial. The Agency, Fire Board, or Council will act
upon them atone time without discussion. The City Clerk will read the title. Any item can be
removed for discussion by an Agencymember, Boardmember, or Councilmember.
M1.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 8.21 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE REGARDING SMOKING
REGULATIONS
MOTION: Moved by Michael, seconded by Gutierrez, to adopt Ordinance No. 826 for second reading.
Motion carried 5-0
N. 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.
N1. REVIEW OF NON-CONSTRUCTION CONDITIONAL USE PERMIT - DRC2004-00326R -
OMAHA JACKS - A public hearing on an appeal of the Planning commission action of
Redevelopment Agency, Fire Protection District, City Council Minutes
March 17, 2010 -Page 6 of 14
ORDINANCE NO. 826 (second reading)
February 10, 2010, fora 90-day continuance to examine the business operation to ensure that
it is being operated in a manner consistent with the 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 City Council will consider whether to uphold, modify, or deny the
Planning Commission action and may include revocation or modifcation of the approved
Conditional Use Permit. Located within the Industrial Park District (Subarea 7), in the Masi
Plaza at 11837 Foothill Boulevard, Suite A -APN: 0229-011-39. Related file: Entertainment
Permit DRC2004-00327R.
REVIEW OF ENTERTAINMENT PERMIT REVIEW - DRC2004-00327R -OMAHA JACKS - A
public hearing on an appeal of the Planning Commission action of February 10, 2010, fora 90-
day continuance to examine the business operation to ensure that it is being operated in a
manner consistent with the 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 City
Council will consider whether to uphold, modify, or deny the Planning Commission action and
may include revocation or modifcation of the approved Entertainment Permit. Located within
the Industrial Park District (Subarea 7), in the Masi Plaza at 11837 Foothill Boulevard, Suite A
- APN: 0229-011-39. Related file: Non-Construction Conditional User Permit DRC2004-
00326R.
RESOLUTION NO. 10-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REVOKING CONDITIONAL USE PERMIT
DRC2004-00326R, FORA FULL-SERVICE RESTAURANT WITH BAR
AND MICROBREWERY WITHIN A 8,794 SQUARE FOOT SPACE IN THE
INDUSTRIAL PARK DISTRICT (SUBAREA 7), LOCATED IN THE MAST
PLAZA AT 11837 FOOTHILL BOULEVARD, SUITE A; AND MAKING
FINDINGS IN SUPPORT THEREOF -APN: 0229-011-39
RESOLUTION NO. 10-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ON APPEAL REVOKING ENTERTAINMENT
PERMIT DRC2004-00327R, A REQUEST FOR ENTERTAINMENT
INCLUDING LIVE MUSIC AT AFULL-SERVICE RESTAURANT WITH BAR
AND MICROBREWERY, WITHIN A 8,794 SQUARE FOOT RESTAURANT
IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7), LOCATED IN THE
MASI PLAZA AT 11837 FOOTHILL BOULEVARD, SUITE A; AND MAKING
FINDINGS IN SUPPORT THEREOF-APN: 0229-011-39
James Troyer, Planning Director, presented the staff report.
Chief Cusimano introduced Officers Nicholas Clark and Ron Wright. Officer Wright provided a
PowerPoint presentation addressing number and type of calls for service, including video of the
restaurant with a live DJ, lights and dancing.
In response to Mayor Pro Tem Michael, Mr. Troyer indicated that business would not be closed down if
the Conditional Use Permit were revoked; it would just result in no liquor being served. If the
entertainment permit were revoked, the business would still be allowed to serve hard alcohol, but not
entertainment. If the entertainment permit were revoked, the business owners would be able to apply
again in one year.
In response to the Mayor, Chief Cusimano stated that this matter came to his attention after reading
about the numerous calls or service, reading logs, talking with Deputies, etc.
Officer Wright addressed the 111 calls for service in 18 months and stated that 22% of those involved
were Rancho Cucamonga residents. In response to Mayor Kurth, he noted that there were many calls
Redevelopment Agency, Fire Protection District, City Council Minutes
March 17, 2010 -Page 7 of 14
for service from this area; these service calls were carefully evaluated to ensure that they did indeed
result from Omaha Jacks.
In response to Councilmember Spagnolo, the signage on the door was discussed. Officer Wright
indicated that the signage on the door addressed the night club's hours of operation, which were in
violation with the Entertainment Permit.
It was noted in response to Councilmember Gutierrez that all Entertainment Permits must have a
designated area that can not exceed 150 square feet. It was noted that dancing was not confined to this
150 square foot area. Also, Mr. Troyer stated that the use of a DJ is in violation of the Entertainment
Permit. Mayor Pro Tem Michael noted that a night club such as this is not allowed in the Industrial zone.
Regarding the lighting, Mr. Troyer stated that the lighting plan should be reviewed and approved as part
of the Entertainment Permit. This was not the case with this permit.
In response to Mayor Kurth, Mr. Troyer stated that night clubs are allowed in many areas of the City,
essentially in General Commercial and Office Professional zones. He noted other restaurants
appropriately using Entertainment Permits in response to Councilmember Gutierrez.
In response to Mayor Kurth, Officer Wright stated that approximately 32 DUIs have been attributed to
Omaha Jacks. Regarding the number of calls, he indicated to Mayor Pro Tem Michael that 111 calls for
service were extensive, but it isn't the highest number attributed to a business. Also discussed were the
remedies available to a business owner to address these problems, including physically designating the
dancing area, new signage, not moving the furniture to make a larger area, etc. Also discussed was the
occupancy load and how it changes in the evening as more patrons are squeezed into the dancing
area. Officer Wright confirmed that the business basically closed off the restaurant area and was
serving approximately 400 patrons on one side of the building. This creates occupancy load and access
concerns. He stated that this was occurring every night for the six weeks that they observed the
business.
In response to Councilmember Spagnolo, Officer Wright indicated that the major part of the dining area
was closed to patrons but confirmed that food was still being served. Mr. Troyer stated to
Councilmember Gutierrez that there is no requirement to keep the kitchen open but indicated that a
restaurant should be able to serve food to patrons while it was open.
In response to Councilmember Gutierrez, Officer Wright provided additional detail about the various
assaults. He stated that a team from the Department talked to the owners about the escalating calls for
service in September, 2009. It was noted that since the first of the year, there have been two major
fights in the parking lot.
Officer Wright confirmed to Councilmember Gutierrez that improvements have been made since the
Planning Commission meeting. The owners have removed the DJ booth, the lights and the signage on
the door and have been operating within the approved hours. A guard has been placed in the parking
lot. There have been no calls for service since that time.
In response to Councilmember Williams, Officer Wright stated that the moved furniture did not block the
fire exits. Discussion was held regarding inspections that were held at the establishment. Mayor Pro
Tem Michael stated that occupancy load helps to ensure that people can enter and exit buildings
properly. Trang Huynh, Building Official, noted that a fire door was found chained closed during their
first inspection but indicated that it was corrected when the business was re-inspected.
In response to Mayor Kurth, Officer Wright addressed the meeting the Department had with the
business owners in September of 2009. The team talked with the business owners to advise them of
the calls for service and the crimes that were being committed.
Councilmember Gutierrez noted that there appeared to be problems in 2006 and wondered why it
wasn't investigated until 2009. In response, Officer Wright indicated that he and his partner had recently
been trained in alternative ways to resolve crimes. The Department's typical response to crimes is to
continually write tickets; however, in this situation, the team met with the Planning Department to try to
address the concerns together.
Redevelopment Agency, Fire Protection District, City Council Minutes
March 17, 2010 -Page 8 of 14
Councilmember Gutierrez inquired why four Planning Commissioners voted to review the business in
90 days. Mr. Troyer noted that this timeframe was given to allow the business a chance to improve
operations.
Chief Cusimano was not able to provide a specific number of calls for service to Mayor Kurth that would
be deemed acceptable. In this instance, there was an escalating pattern of calls for service.
Mayor Kurth opened the public hearing.
John Lyons spoke in support of Omaha Jacks, noting that it is a well-run establishment. He pointed out
that they have addressed the concerns. Patrons visit the restaurant from surrounding uses when they
hear the music. Mr. Lyons noted that their success is bringing in revenue to the City and expressed a
concern that if their permit is revoked, the business would close.
Michael McCarthy, stated that he was the co-owner of Omaha Jacks. He indicated that he and his
partner take their responsibility seriously. He hoped that the City Council would look at the binder of
material that was put together for them. For six years, Omaha Jacks has been open until 2 a.m. Mr.
McCarthy noted that they are proficient at running restaurants but are not familiar with the operations of
government. The coupons and materials provided show that they promoted their restaurant, not the late
night aspect of their business. He agreed that they definitely made mistakes and wanted the opportunity
to set things right.
Ron VanderBroeke indicated that there was a delay in receiving the informational packet for the
Planning Commission meeting. However, he reported that after the Planning Commission meeting, they
went back to the restaurant and removed the signage from the door. The lights were removed and the
DJ booth was taken down. The business closed at 11 p.m. that evening. Mr. VanderBroeke reported
that all entertainment was cancelled for 8 consecutive days. He stated that they were sorry that they
made these mistakes. All notices for correction were handled within 24 hours. They have added
security and he distributed a revised security plan.
In response to Councilmember Gutierrez, Mr. McCarthy indicated that there are about 50 employees.
Security was discussed in response to Mayor Pro Tem Michael, with Mr. McCarthy stating that they had
4 guards initially. There are now 6 security guards. Councilmember Gutierrez noted that many of these
crimes were in the parking lot and suggested that more guards be put outside. In response, Mr.
McCarthy noted that he has hired a security guard to monitor the parking lot.
In response to Mayor Kurth, Mr. McCarthy described the meeting with the Police Department. At that
meeting, he had asked what else he could do and the response was that he was on the right track.
Since the DJ has been stopped, he reported that there have been no other calls for service. The crowd
has totally changed. There are now 90 to 120 people in the building instead of several hundred.
Mr. McCarthy confirmed to Councilmember Spagnolo that the reports regarding the night club were
correct. Councilmember Spagnolo stated that they had ample opportunity to do the right thing and
expressed a concern that the business owners were not taking responsibility for the threat to public
health and safety that they were creating. Councilmember Spagnolo noted that the community dodged
a bullet by their irresponsibility. He did give them credit for recently sending their employees to training.
He stated the need to revoke the Entertainment Permit for one year.
In response, Mr. McCarthy confirmed that they do take responsibility for their actions. One of the
partners is always at the business. It wasn't until the Police Department's visit that they realized that
there was a problem. Mr. McCarthy noted that they have tried to do everything requested and have
made real progress. After these changes, there have been no problems at the business. Mr. McCarthy
noted that the upper area is not good for anything other than entertainment. He pointed out that the
restaurant is always open and serves a full menu. 63% of gross receipts are from food. Mr. McCarthy
promised to abide by the conditions in the Entertainment Permit if allowed to do so.
Redevelopment Agency, Fire Protection District, City Council Minutes
March 17, 2010 -Page 9 of 14
Mayor Pro Tem Michael inquired if they needed a night club for their bottom line. In response, Mr.
McCarthy stated that they had been playing classic rock for the past five years. Recently, they had
switched to a DJ in response to customer requests.
As Mr. McCarthy and Mr. VanderBroeke were unaware of the operating hours of the Entertainment
Permit, Mr. Markman inquired as to their intentions when they opened the business. In response, Mr.
McCarthy stated that they had submitted the Entertainment Permit for specific nights but believed that
they could operate the business on all nights until 2 a.m. Mr. McCarthy confirmed a previous statement
that it was confusing far patrons to have different operating hours. Discussion was held.
Recess:
Mayor Kurth recessed the meeting at 9:44 p.m.
Reconvene:
Mayor Kurth reconvened the meeting at 9:52 p.m. with all City Council members present.
Due to the lateness of the meeting, Mayor Kurth reported that Item 04. (Presentation Honoring Military
Veterans) would be rescheduled.
Mr. McCarthy requested that the Conditional Use Permit and Entertainment Permit be allowed to say in
place and that the business be given 90 days to prove itself. Mr. VanderBroeke apologized for the
misunderstanding and noted that they took the Planning Commission's concerns very seriously.
Mayor Kurth closed the public hearing.
Councilmember Gutierrez noted that serious mistakes have been made and the business has gotten
out of hand. The letter submitted to the City Council indicated that the co-owners have placed all their
financial worth into this restaurant. Without an Entertainment Permit, Councilmember Gutierrez
expressed a concern about the survival of the business. On the other hand, if things remain the same,
he is concerned that someone will be seriously hurt or killed. Councilmember Gutierrez noted that it
was unusual to consider revoking both the Conditional Use Permit and the Entertainment Permit at the
same time. He noted that the City Council has given many establishments a second chance. He
concurred with the Planning Commission's decision to provide the business 90 days to improve. If
improvements were not made, Councilmember Gutierrez supported throwing the book at them.
Councilmember Spagnolo stated that it was their intention from the very beginning not to comply with
the provisions of the Entertainment Permit. Everyone is very lucky that no one has been severely
injured or died as a result of this business.
Councilmember Williams found it hard to believe that they did not understand the conditions of the
Entertainment Permit. As a result, they appeared to push the envelope as long as they could with very
scary results. She supported stopping the entertainment for now. Councilmember Williams noted that if
Mr. McCarthy and Mr. VanderBroeke were serious about operating a night club, they should put
together a business plan and work towards acquiring a permitted one.
Mayor Pro Tem Michael expressed a concern with businesses doing whatever they want until they are
caught. He expressed the desire to start a program to look at all entertainment permits to ensure
compliance. Mayor Pro Tem Michael didn't want to put businesses out of business but this activity went
far beyond the operation of a restaurant. In response to Mayor Pro Tem Michael, Mr. Markman
indicated that revocation would cease the operation and they would need to apply after a year.
Suspension would halt operations and the entertainment would automatically resume after the
suspension period is over. Mayor Pro Tem Michael supported revoking or at least suspending the
Entertainment Permit for six months. He noted that this is very serious and needs to be addressed to
ensure the safety of the community. He did not support revoking the Conditional Use Permit at this
time.
Redevelopment Agency, Fire Protection District, City Council Minutes
March 17, 2010 -Page 10 of 14
Mayor Kurth thanked the Police Department for their hard work in bringing this matter to the City
Council. He was very thankful that someone didn't get killed. In response to Mayor Kurth, Mr. Troyer
noted that there is an item on the agenda to look at the Entertainment Permit structure further.
Mayor Kurth supported Omaha Jacks and knew the owners. However, he noted that Club Martini has
had multiple flagrant violations with several dozen DUIs attributed to its operation. A dangerous
environment has been created as a result. Mayor Kurth noted that the owners should have known the
rules and appreciated that they have come into compliance. He did not support revoking the Conditional
Use Permit but believed that the Entertainment Permit had to go. At the end of the 12 months, if the
business owners are wiling to meet the conditions, they can apply for it.
Discussion was held on how to proceed. Councilmember Spagnolo suggested that the same thing that
was done to Loco Cantina should be done to Omaha Jacks. Mr. Troyer indicated that at their last
meeting, the Planning Commission revoked their Conditional Use Permit and Entertainment Permit. In
response, Councilmember Gutierrez pointed out that Loco Cantina was given multiple chances before
that action was taken.
Regarding the Entertainment Permit, Mr. Markman suggested several changes to Resolution No. 10-
039 so that it suspended the Entertainment Permit rather than revoking it.
MOTION: Gutierrez/Williams to adopt Resolution No. 10-039 as amended to suspend the
Entertainment Permit for Omaha Jacks for a period of six months.
Discussion was held regarding the motion. Mr. Markman noted that if this motion is approved, the
Entertainment Permit would be reinstated at the end of the six months. No action or review by the City
Council would be needed. As Councilmember Williams wanted to review the establishment before the
permit were re-issued, Mr. Markman noted that there would be nothing to review as the entertainment
at Omaha Jacks would have been stopped.
Mayor Kurth did not support the motion as it is not adequate and does not achieve the Council's goal to
protect the community. Councilmember Spagnolo concurred and wondered about the definition of
second chance. He noted that the business has had many second changes. Mayor Pro Tem Michael
noted that if the permit is revoked, the business owners would need to apply fora second
Entertainment Permit and would now certainly understand the conditions of approval.
Councilmember Gutierrez inquired if a review could be done during the suspension. In response, Mr.
Markman noted that there was nothing to review.
The motion did not carry by the following vote: Gutierrez, Williams yes; Kurth, Michael, Spagnolo no.
MOTION: SpagnololMichael to adopt Resolution No. 10-039 revoking the Entertainment Permit for
Omaha Jacks. Motion carried 3-2; Gutierrez and Williams no.
N2. GENERAL PLAN AMENDMENT DRC2009-00716 -CITY OF RANCHO CUCAMONGA - A
request by Ralph and Maxine Strane to change the General Plan land use designation from
Neighborhood Commercial (NC) to Low Residential (2 to 4 dwelling units per acre) for
approximately 0.58-acre of land, located at 7403 Archibald Avenue -APN: 1077-011 ~3. The
project will permit less density and the effect will allow no more intense use of the property
than is already being used, and since it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment, the proposal is
exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section
15061(b)(3) - Review for Exemption. Related File: Development District Amendment
DRC2009-00717.
DEVELOPMENT DISTRICT AMENDMENT DRC2009-00717 - CITY OF RANCHO
CUCAMONGA - A request by Ralph and Maxine Strane to change the Development District
map from Neighborhood Commercial (NC) to Low Residential (2-4 dwelling units per acre) for
approximately 0.58-acre of land, located at 7403 Archibald Avenue -APN: 1077-011-43. The
project will permit less density and the effect will allow no more intense use of the property
Redevelopment Agency, Fire Protection District, City Council Minutes
March 17, 2010 -Page 11 of 14
than is already being used, and since it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment, the proposal is
exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section
15061(b)(3) -Review for Exemption. Related File: General Plan Amendment DRC2009-00716.
RESOLUTION NO. 10-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT DRC2009-00716 TO CHANGE THE LAND USE
DESIGNATION FROM NEIGHBORHOOD COMMERCIAL TO LOW
RESIDENTIAL FOR 0.58-ACRE OF LAND LOCATED AT
7403 ARCHIBALD AVENUE; AND MAKING FINDINGS IN SUPPORT
THEREOF -APN: 1077-011-43.
ORDINANCE NO. 827 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT
DRC2009-00717, A REQUEST TO AMEND THE DEVELOPMENT
DISTRICT MAP FROM NEIGHBORHOOD COMMERCIAL TO LOW
RESIDENTIAL FOR 0.58-ACRE OF LAND, LOCATED AT 7403
ARCHIBALD AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF
-APN: 1077-011-43.
Candyce Burnett, Senior Planner presented the staff report
In response to Councilmember Williams, she noted that the property owners requested this General
Plan Amendment to ensure that the land use was consistent with the General Plan. They are using the
property as a residence and intend to continue living in it. The property is in the process of being sold to
a new owner.
In response to Councilmember Gutierrez, Ms. Burnett confirmed that the new property owner supported
this General Plan Amendment.
Mayor Kurth opened the public hearing.
As no one wished to speak, Mayor Kurth closed the public hearing.
MOTION: Moved by Michael, seconded by Williams, to adopt Resolution No. 10.40, take up
Ordinance No. 827 for first reading and set second reading for April 7, 2010. 5-0.
~. C1TY MANAGER'S STAFF REPORTS
The following items have no legal publication or posting requirements.
01. UPDATE OF PROPOSED REVISIONS TO LANDSCAPE MAINTENANCE DISTRICT NO. 6
No discussion was held on this item as it was pulled and continued for 30 days so that further
discussion can be held with the LMD #6 coalition on available options.
02. REQUEST TO INITIATE DEVELOPMENT CODE AMENDMENT DRC2010-00141 -CITY OF
RANCHO CUCAMONGA - A request to amend Chapters 5.12 and Chapters 17.10, 17.30 and
17.32 of the Rancho Cucamonga Municipal Code regarding entertainment.
James Troyer, Planning Director, presented the staff report.
Redevelopment Agency, Fire Protection District, City Council Minutes
March 17, 2010 -Page 12 of 14
In response to Councilmember Spagnolo, Mr. Troyer indicated that the Department may look at
combining some entertainment issues in the development code. Mayor Pro Tem Michael pointed out
that there are thousands of Conditional Use Permits in the City. Discussion was held regarding the
need to do research on this topic to see what type of changes should be made. Jack Lam, City
Manager, noted that staff may focus on those areas that have a large concentration of liquor licenses.
MOTION: Moved by Gutierrez, seconded by Williams, to approve the request to initiate Development
Code Amendment DRC2010-00141. Motion carried 5-0
03. INTRODUCTION FOR FIRST READING AN ORDINANCE ADOPTING REGULATIONS
ORDINANCE NO. 828 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA,
CALIFORNIA, ADOPTING REGULATIONS APPLICABLE TO REMOTE
CALLER BINGO AND AMENDING TITLE 5 OF THE RANCHO
CUCAMONGA MUNICPAL CODE
Tamara Layne, Finance Director, presented the staff report.
MOTION: Moved by Michael, seconded by Williams, to take up Ordinance No. 827 for first reading and
set second reading for April 7, 2010. 5-0.
04. PRESENTATION HONORING MILITARY VETERANS (PowerPoint)
Due to the lateness of the meeting, this item was rescheduled.
P. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion.
P1. CONSIDERATION OF THE CITY COUNCIL COMMUNITY SERVICES SUBCOMMITTEE'S
Councilmember Spagnolo reported that the Community Services Subcommittee met and interviewed
applicants to fill the vacancy on the Park and Recreation Commission left by Mr. Oaxaca. The
subcommittee, composed of Councilmember Williams and himself, is recommending the appointment
of Bill Pallotto.
MOTION: Moved by Spagnolo, seconded by Gutierrez, to appoint Bill Pallotto for afour-year term,
expiring June 30, 2014. 5-0.
P2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
Mayor Kurth thanked the residents in LMD #& for getting involved and meeting with the City. It was
disappointing to see the vote in opposition to the proposed assessment. Mayor Kurth noted that only
the residents living in the District have a voice in the appropriate level of maintenance in that area.
Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified.
Redevelopment Agency, Fire Protection District, City Council Minutes
March 17, 2010 -Page 13 of 14
R. ADJOURNMENT
Mayor Kurth recessed the meeting at 11:00 p.m. to closed session.
Closed session reconvened at 11:05 p.m. with Rex Gutierrez, Diane Williams, Sam Spagnolo, Mayor
Pro Tem L. Dennis Michael and Mayor Donald J. Kurth were present.
The closed session adjourned at 11:15 p.m. with no action taken.
Res ectfully submitted,
L ~ ~+ /
Deb L. McKay, MMC
Assistant City Clerk/Records Manager
Approved: April 7, 2010
Redevelopment Agency, Fire Protection District, City Council Minutes
March 17, 2010 -Page 14 of 14