HomeMy WebLinkAbout2010/05/19 - MinutesMay 19, 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, May 19, 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 5:10 p.m. by
Chairman/PresidentMayor Donald J. Kurth.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Diane Williams, Sam
Spagnolo, Vice Chairman~ce PresidenUMayor Pro Tem L. Dennis Michael and
Chairman/PresidenUMayor Donald J. Kurth.
Also present were: John Gillison, Assistant City Manager; Linda Daniels, Deputy City Manager
Economic and Community Development and James Markman, City Attorney.
B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S~
Chairman/Mayor Donald J. Kurth announced the closed session item:
D1. LABOR NEGOTIATIONS 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
D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF HELLMAN
AVENUE, SOUTH OF 9T" STREET, COMMONLY KNOWN AS APN 0209-013-22, LINDA D.
DANIELS, DEPUTY CITY MANAGER, NEGOTIATING PARTY FOR THE CITY AND MITCH
ALDERMAN. NEGOTIATING PARTY FOR SANBAG -RDA & 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 5:10 p.m.
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
F. RECESS
The closed session adjourned at 6:30 p. m. with no action taken.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 1 of 16
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 ChairmanMce PresidenUMayor Pro Tem L. Dennis Michael and
Chairman/PresidenUMayor Donald J. Kurth.
Also present were: 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; Kevin McArdle, Community Services Director; James Troyer, Planning Director;
Chris Paxton, Human Resources Director; Bill Wittkopf, Public Works Director; Mark Steuer,
Engineering Director; Trang Huynh, Building & Safety Official; Janice Reynolds, City Clerk; Debra
McKay, Records Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Recognition of Outstanding Participants of the Healthy RC C.A.S.A. Healthy Cooking Program.
Mayor Kurth recognized the participants of the Healthy RC C.A.S.A. Healthy Cooking program.
H2. Announcement of the 2010/11 Season of performances for the Lewis Family Playhouse at
the Victoria Gardens Cultural Center.
Susan Sluka-Kelly, Community Services Supervisor, announced the 2010/11 Season of
performances for the Lewis Family Playhouse.
I. PUBLIC COMMUNICATIONS
11. John Lyons congratulated graduates and cautioned them not to drink and drive. He noted that the Run
for the Wall participants left today from Victoria Gardens. Mr. Lyons endorsed Mayor Kurth as a candidate
for the 63rd Assembly District.
12. Lisa Thompson stated that she lived in the Terra Vista area in the boundaries of Landscape
Maintenance District (LMD) 4. She referenced comments made of a coalition of residents in LMD 6,
wondered what offer was given to them and requested that information on these meetings be posted on
the Internet. Mrs. Thompson noted that the passage of the increased assessment in LMD 4 has not
changed anything, indicating that there are still concerns with the level of maintenance in LMD 4. She
noted that another Proposition 218 election could not be held for one year and asked that it be
postponed.
13. Donavan Caver reported that he was a student at Chaffey College enrolled in the Automotive Collision
and Repair program. As of Monday, he stated that this program has been closed. Mr. Caver indicated that
he has exhausted all avenues with the College to reopen the program, noted that a petition to keep the
program was submitted with over 176 signatures on it and requested assistance.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 2 of 16
14. Jordan Giali stated that he will be graduating from Ontario Christian High School and congratulated
the Council on the superb City. He was looking forward to tonight's meeting.
I5. John Fisher and Tim Walker spoke to the City Council regarding an automobile accident on May 14,
2010 whereby an out-of-control driver crashed his vehicle into their living room at 7716 Beryl Street. Mr.
Fisher noted that this is the third time that an accident had occurred and requested that a retaining wall or
other type of remedy be put in place.
16. Jim Moffatt referenced campaign literature distributed by the Don Kurth for Assembly 2010 committee.
He indicated that the information regarding the banner program was not correct and requested that either
the Mayor or the committee provide a retraction.
17. Ron Vanderbroeke invited the City Council and the audience to Omaha Jack's Memorial Day for the
Military, to be held on May 31, 2010 from 11 a.m. to 3 p.m.
18. Bill Hanlon congratulated his daughter on her recent receipt of a Master's Degree. He noted that
candidates for public office are placing themselves above the law by placing political signs illegally on
private property. Mr. Hanlon concurred that the Mayor did not support veterans.
19. Ed Hills representing the Landscape Maintenance District (LMD) 6 Coalition indicated that they
supported the recommendation contained in Item 03 (Approval to Initiate Proceedings to Establish LMD
6R).
110. Joseph Machado invited the City Council and the audience to Central Park on June 5, 2010 at 8:00
a.m. He will be biking across America and hoped to raise $500,000 for charity. Further information is
available at www.bikingforamerica.com.
111. Luana Hernandes invited the City Council and the audience to the Historical Home Tour, to be held
on May 23, 2010 from 1 p.m. to 5 p.m.
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: May 5, 2010 (Regular Meeting)
J2. Approval of Check Register dated April 28 through May 11, 2010, for the total amount of
$1,061,411.16.
J3. Approval of a Professional Services Agreement with RTK Architects, Inc. (RA 10-008/ CO 10-
054), of Los Angeles for the creation of the Fleet Shop CNG Modification Design
Development, Construction Documents, Construction Administration and miscellaneous
services in the amount of $33,000 ($30,900 contract amount plus a contingency of $2,100), to
be funded from Acct. No. 1025001-5650/1541025-0 (Capital Reserve), and $22,000 ($20,600
contract amount plus a contingency of $1,400) to be funded from Acct. No. 2650801-
5650/1541650-0 (Public Improvements-2001 Tax Allocation Bond.
J4. Approval to reject all bids received for the Hellman Avenue Master Planned Storm Drain and
Street Improvements -Phase 1 from 9'" Street to San Bernardino Road, and approval of a
Resolution to authorize the advertising of the "Notice Inviting Bids" for the Hellman Avenue
Master Planned Stonn Drain and Street Improvements Phase 1 from 9`" Street to San
Bernardino Road, to be funded from Redevelopment Agency Funds.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 3 of 16
RESOLUTION NO. RA 10-010
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS
AND SPECIFICATIONS FOR THE HELLMAN AVENUE MASTER
PLANNED STORM DRAIN AND STREET IMPROVEMENTS -PHASE 1
FROM 9"{ STREET TO SAN BERNARDINO ROAD IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS
J5. Approval to reject all bids received for the Removal of the Old Southern Pacific Railroad Bridge
west of Baker Avenue, and approval of a resolution to authorize the advertising of the "Notice
Inviting Bids" for the Removal of the Old Southern Pacific Railroad Bridge west of Baker
Avenue, to be funded from RDA Tax Allocation Bond Funds.
RESOLUTION NO. RA 10-011
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS
AND SPECIFICATIONS FOR THE "REMOVAL OF THE OLD SOUTHERN
PACIFIC RAILROAD BRIDGE WEST OF BAKER AVENUE" IN SAID CITY
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE
TO RECEIVE BIDS
J6. Approval of Amended Fiscal Year 2009/10 Appropriations.
MOTION: Moved by Michael, seconded by Williams, to approve the staff recommendations in the staff
reports. 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: May 5, 2010 (Regular Meeting)
K2. Approval of Check Register dated April 28 through May 11, 2010, for the total amount of
$48,343.39.
K3. Approval of an annexation map showing Assessor Parcel Numbers (APNs) 0201-182-36, 37 &
38, (Amin Khan, Owner), located on the east side of Winchester Ct. between Wilson Avenue
and Northridge Dr, to be annexed into Community Facilities District (CFD) No. 88-1.
RESOLUTION NO. FD 10-013
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. 88-1, ADOPTING AN ANNEXATION MAP
(ANNEXATION NO. 88-10-1) SHOWING PROPERTY PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 88-1
K4. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No.
88-10-1 (APNs: 0201-182-36, 37 & 38), (Amin Khan, Owner), into Community Facilities District
No. 88-1, specifying services proposed to be financed, to set and specify the special taxes
proposed to be levied within the annexation territory and set a time and place for a public
hearing related to the annexation.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 4 of 16
RESOLUTION NO. FD 10-014
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. 88-1, DECLARING ITS INTENTION TO
AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 88-
10-1) TO COMMUNITY FACILITIES DISTRICT NO. 88-1
K5. Approval of a Resolution adopting a Memorandum of Understanding between the Rancho
Cucamonga Fire Protection District and the Fire Support Services Association for Fiscal Year
2010-11.
RESOLUTION NO. FD 10-015
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE DISTRICT AND FIRE SUPPORT SERVICES
ASSOCIATION RELATIVE TO WAGES, BENEFITS AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2009-10
K6. Approval of Amended Fiscal Year 2009/10 Appropriations.
MOTION: Moved by Gutierrez, seconded by Michael, 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.
L1. Approval of Minutes: May 5, 2010 (Regular Meeting)
L2. Approval of Check Register dated April 28 through May 11, 2010, and payroll ending May 11,
2010, for the total amount of $4,206,231.96.
L3. Approval to advertise the "Notice Inviting Bids" for the installation of traffic signals at the
intersection of Hermosa Avenue and Church Street and Signal Interconnect System on Haven
Avenue from Alta Loma Drive to Wilson Avenue, to be funded from Transportation Fund 124,
Acct. No. 1124303-5650/1625124-0 and 1124303-5650/1674124-0.
RESOLUTION NO. 10-057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE INSTALLATION OF TRAFFIC SIGNALS AT
THE INTERSECTION OF HERMOSA AVENUE AND CHURCH STREET
AND SIGNAL INTERCONNECT SYSTEM ON HAVEN AVENUE FROM
ALTA LOMA DRIVE TO WILSON AVENUE IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE THE
"NOTICE INVITING BIDS"
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 5 of 16
L4. Approval of a Resolution adopting a Memorandum of Understanding between the City of
Rancho Cucamonga and the Executive Management Group for Fiscal Year 2010-11.
RESOLUTION NO. 10-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE EXECUTIVE
MANAGEMENT GROUP RELATIVE TO WAGES, BENEFITS AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2010-
11
L5. Approval of a Resolution adopting a Memorandum of Understanding between the City of
Rancho Cucamonga and the Mid-Manager, Supervisory/Professional and General Employees
far Fiscal Years 2010-11 and 2011-12.
RESOLUTION NO. 10-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE MID-
MANAGER, SUPERVISORY/ PROFESSIONAL AND GENERAL
EMPLOYEES RELATIVE TO WAGES, BENEFITS AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS 2010-11 AND
2011-12
L6. Approval of Community Services Update Report.
L7. Approval of an Agreement for the Inland Valley Daily Bulletin All Star Game at the Rancho
Cucamonga Epicenter Stadium on June 8th (practice game) and June 9, 2010 (game date).
L8. Approval of an Installment Agreement between the City of Rancho Cucamonga and
Cucamonga Valley Water District (CO 10-051) for FY 10/11 water service rate increase.
L9. Approval of the Cooperative Agreement between the City of Fontana (CO 10-053) and City of
Rancho Cucamonga for street widening of Cherry Avenue between Wilson/Beech Avenue and
Hawker-Crawford Channel.
L10. Approval of City of Rancho Cucamonga Municipal Utility 10-Year Energy Efficiency Portfolio
Plan as required by Assembly Bill 2021 (AB 2021).
L11. Approval of a Professional Services Agreement with RTK Architects, Inc. (CO 10-054/ RA 10-
008), of Los Angeles for the creation of the Fleet Shop CNG Modification Design
Development, Construction Documents, Construction Administration and miscellaneous
services in the amount of $33,000 ($30,900 contract amount plus a contingency of $2,100), to
be funded from Acct. No. 1025001-5650/1541025-0 (Capital Reserve), and $22,000 ($20,600
contract amount plus a contingency of $1,400) to be funded from Acct. No. 2650801-
5650/1541650-0 (Public Improvements-2001 Tax Allocation Bond.
L12. Approval of Improvement Agreement, Improvement Security and ordering the annexation to
Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6
for DRC2006-00580, located at the southeast corner of Arrow Route and Etiwanda Avenue,
submitted by Smash, LLC.
RESOLUTION NO. 10-060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2006-00580
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 6 of 16
RESOLUTION NO. 10-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.
3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6
FOR DRC2006-00580
L13. Approval for authorization to seek bid proposals for Landscape Maintenance Districts 1
(General City), 2 (Victoria), 4 (Terra Vista), and 5 (Andover-Bedford Tot Lot).
L14. Approval to accept the Red Hill Park Cobblestone Project, Contract No. 10-020 as complete,
release the bonds, retain the Faithful Performance Bond to act as a Maintenance Guarantee
Bond, and authorize the Public Works Services Director to file a Notice of Completion and
approve the final contract amount of $24,300.
RESOLUTION NO. 10-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR THE "RED HILL PARK COBBLESTONE
PROJECT" AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
L15. Approval to release Maintenance Guarantee Cash Deposit for DRC2005-00905, located on
the east side of White Oak Avenue cul-de-sac, south of Jersey Boulevard, submitted by
Charles and Lawrence Karubian.
L16. Approval tc release Maintenance Guarantee Bond for DRC2005-01060, located at the
southerly terminus of Sierra Made Avenue, south of Ninth Street, submitted by National
Community Renaissance of California.
L17. Approval to release Faithful Performance Bond retained in lieu of Maintenance Guarantee
Bond for DRC2006-00692, located on the south side of Arrow Route between Pecan Avenue
and Hickory Avenue, submitted by Rancho Arrow Highway, LLC.
L18. Approval to accept Improvements and file a Notice of Completion for improvements for Parcel
Map 16038 located on the west side of Klusman Avenue, north of Diamond Avenue, submitted
by Klusman, LLC.
RESOLUTION NO. 10-063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR PARCEL MAP 16038 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
L19. Approval to accept the Beryl Street Community Trail from Banyan Street to Wilson Avenue
improvements, Contract No. 09-082 as complete, release the bonds, accept a Maintenance
Bond, authorize the City Engineer to file a Notice of Completion and approve the final contact
amount of $64,623.00.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 7 of 16
RESOLUTION NO. 10-064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE BERYL STREET
COMMUNITY TRAIL FROM BANYAN STREET TO WILSON AVENUE
IMPROVEMENTS, CONTRACT NO. 09-082, AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
L20. Approval of Resolutions Pertaining to the November 2, 2010 General Election.
RESOLUTION NO. 10-065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CALLING AND GIVING NOTICE OF
GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY THE 2ND DAY OF NOVEMBER, 2010 FOR THE ELECTION OF
CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS
OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES, AND CONSOLIDATING SAID ELECTION WITH
THE GENERAL ELECTION TO BE HELD ON SAME DATE
RESOLUTION NO. 10-066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING A CHARGE TO CANDIDATES
FOR ELECTIVE OFFICE, FOR PREPARATION OF MATERIALS
SUBMITTED TO THE ELECTORATE AND THE COSTS OF THE
CANDIDATE STATEMENT FOR THE GENERAL MUNICIPAL ELECTION
TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 2, 2010
L21. Approval of Resolution supporting HR4812, the Local Jobs for America Act.
RESOLUTION NO. 10-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SUPPORTING H.R. 4812, THE LOCAL
JOBS FOR AMERICA ACT
L22. Approval of Amended Fiscal Year 2009/10 Appropriations.
MOTION: Moved by Spagnolo, seconded by Michael, to approve the staff recommendations in the staff
reports. 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 non-controversial. The Agency, Fire Board, or Council will act
upon them at one time without discussion. The City Clerk will read the title. Any item can be
removed for discussion by an Agencymember, Boardmember, or Councilmember.
M1.
DRC2009-00691 -CITY OF RANCHO CUCAMONGA - A request to amend Table
17.30.030 Use Regulations for Industrial Districts by removing Funeral and Crematory
Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and
Subarea 6 (Industrial Park District), adding Crematory Services as a Conditionally
Permitted Use in Subarea 14 (General Industrial District) and modifying the definition of
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 8 of 16
Funeral and Crematory Services under Section 17.30.030. Staff has prepared a Negative
Declaration of environmental impacts far consideration.
ORDINANCE NO. 830 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE
AMENDMENT DRC2009-00691, AMENDING TABLE 17.30.030 USE
REGULATIONS FOR INDUSTRIAL DISTRICTS BY REMOVING FUNERAL
AND CREMATORY SERVICES AS A CONDITIONALLY PERMITTED USE
IN SUBAREA 4 (GENERAL INDUSTRIAL DISTRICT) AND SUBAREA 6
(INDUSTRIAL PARK DISTRICT), ADDING CREMATORY SERVICES AS A
CONDITIONALLY PERMITTED USE IN SUBAREA 14 (GENERAL
INDUSTRIAL DISTRICT) AND MODIFYING THE DEFINITION OF
FUNERAL AND CREMATORY SERVICES UNDER SECTION 17.30.030,
AND MAKING FINDINGS IN SUPPORT THEREOF
MOTION: Moved by Michael, seconded by Williams to adopt Ordinance No. 830 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. ADOPTION OF THE 2010 GENERAL PLAN UPDATE DRC2007-00867 AND FINAL
ENVIRONMENTAL IMPACT REPORT DRC2007-00869 - THE CITY OF RANCHO
CUCAMONGA -The City has completed the Draft 2010 General Plan Update and a Draft
Program Environmental Impact Report (DPEIR) (State Clearinghouse Number 2000061027).
The Final 2010 General Plan Update, the Final Program Environmental Impact Report, the
Mitigation Monitoring Program and the Facts and Findings to support the Statement of
Overriding Considerations have been reviewed by the Planning Commission at a public
hearing and a recommendation has been forwarded to the City Council for this final action.
RESOLUTION NO. 10-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING ENVIRONMENTAL FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT
REPORT FOR THE 2010 GENERAL PLAN UPDATE (SCH 2000061027),
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND
ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM
RESOLUTION NO. 10-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING THE 2010 GENERAL PLAN
UPDATE TO THE CITY OF RANCHO CUCAMONGA GENERAL PLAN
James Troyer, Planning Director, presented the staff report.
In response to Councilmember Gutierrez, Mr. Troyer addressed the results of a telephone survey.
In response to Mayor Pro Tem Michael, Mr. Troyer confirmed that the Planning Commission
unanimously approved forwarding the document to the City Council for approval.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 9 of 16
Mayor Kurth opened the public hearing.
Ed Dietl congratulated all involved in the creation of the General Plan Update.
John Lyons noted that this process was drastically different, as there were many disagreements during
the creation of the initial General Plan. He concurred with the document.
In response to Ccuncilmember Williams, Mr. Troyer confirmed that the document was on the Internet.
Luana Hernandes stated that she participated in the process and commended staff for their hard work.
Mayor Kurth closed the public hearing
Councilmember Williams was pleased with the amount of community involvement and noted that the
document is complete and easy to understand. Councilmember Spagnolo concurred, stating that this is
a living document which will guide the City to build out.
Councilmember Gutierrez appreciated the number of hours that everyone put into the creation of the
update. He was also impressed with the number of residents who stated that they were content with the
quality of life in the City.
Mayor Pro Tem Michael concurred that the document only needed to be slightly modified and that no
drastic changes were made. He thanked previous Councils who had a great vision for the City. Mayor
Pro Tem Michael also noted that public input was essential and appreciated the Healthy Mind, Body
and Earth guiding principals included in the General Plan update.
Mayor Kurth concurred, noting that it was exciting living in this great City. He commended everyone for
the completion of a meaningful process.
MOTION: Moved by Williams, seconded by Gutierrez, to adopt Resolution Nos. 10-068 and 10-069.
Motion carried 5-0.
N2. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION TO REVOKE
CONDITIONAL USE PERMIT DRC2007-00283R FOR LOCO CANTINA & GRILL - A public
hearing on the appeal of the Planning Commission's decision to revoke the Conditional Use
Permit because it is operating in a manner which is detrimental to the public health, safety, or
welfare or materially injurious to properties in the vicinity. The City Council will consider the
appeal and may uphold or rescind the revocation or modify the Conditional Use Permit.
Located in the Masi Plaza center at 11815 Foothill Boulevard; APN: 0229-011-38. Related
File: Entertainment Permit DRC2007-00284. (Continued from April 21, 2010 per
applicant's request. As this meeting was not held, item was re-advertised to be heard
on May 19, 2010.)
ENTERTAINMENT PERMIT DRC2007-00284R FOR LOCO CANTINA 8 GRILL - A public
hearing on the appeal of the Planning Commission's decision to revoke the Entertainment
Permit because it is operating in a manner which.is detrimental to the public health, safety, or
welfare or materially injurious to properties in the vicinity. The City Council will consider the
appeal and may uphold or rescind the revocation or suspend or modify the Entertainment
Permit. Located in the Masi Plaza center at 11815 Foothill Boulevard; APN: 0229-011-38.
Related File: Conditional Use Permit DRC2007-00283R. (Continued from April 21,
2010 per applicant's request. As this meeting was not held, item was re-advertised to be
heard an May 19, 2010.)
RESOLUTION NO. 10-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 10 of 16
THE PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE
PERMIT DRC2007-00283R EL LOCO CANTINA & GRILL, AN EXISTING
RESTAURANT WITHIN THE MASI PLAZA SHOPPING CENTER IN THE
INDUSTRIAL PARK DISTRICT, SUBAREA 7, LOCATED AT 11815
FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT
THEREOF -APN: 0229-011-38
RESOLUTION NO. 10-071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING
THE PLANNING COMMISSION'S REVOCATION OF ENTERTAINMENT
PERMIT DRC2007-00284R, FOR LIVE ENTERTAINMENT AND DANCING
AT AN EXISTING RESTAURANT USE IN THE MAST PLAZA CENTER IN
THE INDUSTRIAL PARK DISTRICT, SUBAREA 7, LOCATED AT 11815
FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT
THEREOF -APN: 0229-011-38
James Troyer, Planning Director, presented the staff report
Chief Cusimano introduced Deputy Nicholas Clark. Deputy Clark provided a PowerPoint presentation
addressing layout of the restaurant, 150 square foot dance floor, hours of operation, advertising and
information about several calls for service, including video of the restaurant with drinking and dancing.
The presentation indicated that customers were consuming large amounts of alcohol, dancing outside
the designated area and that the entertainment provided was not ancillary to the restaurant nor was it
family-oriented. It was also reported that a security guard was not always present as conditioned and
that the sale of alcoholic beverages exceeded food sales.
In response to Councilmember Gutierrez, Mr. Troyer noted that they were approved to be a restaurant
with incidental entertainment. It's clear that this is not the case. In response to Mayor Pro Tem Michael,
Mr. Troyer confirmed that the entertainment should be family-oriented. The type of use shown on the
video would be permitted in General-Commercial Zone.
In response to Mayor Pro Tem Michael, Deputy Clark addressed the timeline of the review. Deputy
Clark did not have information on the total number of calls for service. Mr. Troyer stated that only the
serious incidents were identified in the staff report.
Mayor Kurth opened the public hearing.
Bruce Evans of Solomon, Saltsman & Jamieson, stated he represents the owners of Loco Cantina. His
clients do not wish to fight anymore. Loco Cantina is willing to close if they are allowed to run out their
lease in August. In addition they would make the changes they have already agreed to. If revocation is
necessary, Mr. Evans stated that there are 26 people on the payroll that are out of a job. While Mr.
Evans wanted to work with the City from the start and appreciated the City's position, he noted that his
clients have due process rights. He indicated that most of the evidence is hearsay, as it was obtained
on the Internet. The calls for service have not been substantiated and the selected reports that have
been provided redacted all of the witness information. Lastly, there is a right to cross-examine
witnesses, which has been denied to them. Mr. Evans displayed charts showing various restaurants
and calls for service. Loco Cantina has far less severe calls for service than other restaurants. He noted
that his clients have made dumb mistakes, they did not cancel the security guard contract but let it
lapse. He asked that the Council not shut them down but with them to revolve the concerns.
Councilmember Gutierrez noted the comment about chances and indicated that Omaha Jacks had
fewer chances than Loco Cantina. He indicated the need to consider all establishments that are
disturbing the tranquility of the City, not just Loco Cantina. In response, Mr. Evans noted that there were
several hearings, but each time Loco Cantina has less calls for service than other establishments. Each
time, the business made changes to the facility or operation to address concerns. Mr. Evans noted that
food is always sold and objected to the percentage of food sales as hearsay. He provided information to
the Assistant City Clerk/Records Manager for the record.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 11 of 16
Felipe Delapiedra, the previous owner, currently oversees the kitchen and believes that the restaurant
has great potential. He noted that it is possible to improve the lunch and dinner menus so that it could
be a greater success in the future.
Jose Sambolin stated his home and business are in Rancho Cucamonga and he has investments here.
He noted the City's well being is very important to him. He has worked with staff in 2008-09 to be a
good business and he said they improved food sales, off-day sales, improved their police service call
record, and stayed incompliance. He said in mid-2009 he contacted Planning fora 6-month compliance
report. He said he was told they were in compliance. He said in 2009 they increased their annual sales
by 7% in food sales and non-entertainment sales, his 2010 sales are even better, and he has 26
employees. He said they permanently affixed certain tables to the floor so that they cannot be moved, it
is not a large building and he cannot stop people from dancing as they move around. He reported that
the managers and employees all attended the ABC class and his intent was to comply. He said in 2009
he made corrections immediately as soon as he became aware of what needed to be corrected.
Mr. Sambolin stated that the cancellation of the security guard was not intentional. There was just a
lapse of 3 months. He said any calls for service are bad but the records show that Loco Cantina is
better than other businesses. There are areas that need improvement. He noted that there are 26
employees who would suffer as a result of revocation. He said there are no jobs out there and that his
business generates 1 million dollars in tax revenue and there is already a vacancy problem in Rancho.
He said revocation would have a negative impact and he should be allowed an opportunity to correct
the problems. He noted that just 6 months ago he had a good report.
Julie Lazono is an employee with the company. The business takes pride in being a restaurant and in
providing good customer service. The employees have been trained to offer water and food when
alcohol is served. Ms. Lazono is 35 units away from getting her B.A. in Chemistry and this job is very
important to her.
Brian Bubble is a customer of Loco Cantina and has not seen any of the issues shown on the video. He
cautioned the Council against relying on the video as many things placed on the Internet are for self-
serving purposes.
Brian Cook, General Manager of Loco Cantina, stressed the management experience at Loco Cantina.
He noted that there are 26 employees at the restaurant. He agrees that the pictures look disturbing but
reassured the City Council with his security expertise. However, Mr. Cook noted that incidents can
happen anywhere and hoped that the City Council would reconsider the Planning Commission's
decision.
David Fiera is a customer of Loco Cantina. Closing a business is a tough decision and the City Council
should work with businesses to resolve issues.
Mayor Kurth inquired if the City Council had any questions.
In response to Mayor Pro Tem Michael, Deputy Clark stated that he was not inside the restaurant.
Mayor Pro Tem Michael wondered why they refused to provide their sales receipts. Deputy Clark stated
that they contacted ABC, who took over that element of the investigation. Also discussed was the lack
of a security guard.
In response to Councilmember Spagnolo, Kit Bobko from Richards, Watson and Gerson indicated that
he is representing staff in this matter. He addressed the contentions of the appeal, noting that the time
given to review the materials was adequate. There were two continuances, which provided a longer
period of time than the normal process.
In response, Mr. Evans indicated that they had two weeks. He had asked for 30 days due to the volume
of the material. He did address the hearsay objection previously. On Page #2 of the staff report to the
Planning Commission, Mr. Evans noted that he has not been provided adequate documentation. He
also believed that they are entitled to cross examine witnesses.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 12 of 16
Councilmember Gutierrez inquired about activities permitted in a Community Commercial Zone. Mr.
Troyer noted that a bar with entertainment is not allowed and is only allowed in a General Commercial
Zone. Discussion was held.
Mayor Pro Tem Michael inquired if the Conditional Use Permit revokes their ability to sell liquor. Mr.
Troyer indicated that they might still be able to sell beer and wine, subject to approval by ABC. The
hours of operation were discussed, with Mr. Troyer stating that the business could operate as stipulated
by the original Conditional Use Permit.
Mr. Bobko stated that the record is complete with substantial evidence and noted that the City Council
may revoke the CUP and the entertainment permit if warranted. He also addressed the definition of due
process, which is a meaningful opportunity to be heard. In an Administrative Proceeding, the formal
rules of evidence do not apply nor is the City obligated to provide afull-blown trial. In this case, the City
Council should decide if the appellant had the opportunity to be heard. If there are specific questions,
they could be directed to the Chair and the Deputy or staff could answer them.
Mr. Evans stated that he did not wish to provide a rebuttal.
Mayor Kurth closed the public hearing.
Mayor Pro Tem Michael stated that he has read the entire report thoroughly. Clearly, all the evidence
shows that this establishment has turned into a nightclub. It concerns him that 26 people would be out
of a job. Mayor Pro Tem Michael noted that businesses must operate in the proper manner. He
supports upholding the Planning Commission's unanimous decision. Public safety is paramount and he
was disturbed that Loco Cantina never logged a call for service during all of these incidents.
Councilmember Williams concurred, noting that the loss of jobs is devastating. She noted that
conscious choices were made and this is the consequence of those choices. Councilmember Williams
concurred with the decision of the Planning Commission.
Mayor Pro Tem Michael concluded his comments by firmly stating that Loco Cantina can be successful
as a restaurant and should not have to automatically close its doors as a result of a decision to revoke
the Conditional Use Permit or Entertainment Permit.
Councilmember Spagnolo stated that Loco Cantina has violated many conditions of approval,
jeopardizing the health and well being of the public.
Councilmember Gutierrez recognized that efforts have been made to try to control the situation. Felipe
makes wonderful food and is an asset to the community. Councilmember Gutierrez understands their
situation and hoped that they would try real hard to operate as a restaurant. Public Safety is a concern
and the Councilmember requested that the Police Department provide a report outlining calls for
service at Yard house and Buffalo Wild Wings.
Mayor Kurth noted that the facts are crystal clear. Loco Cantina is operating outside of the permitted
use. In response to the Mayor, D. Craig Fox, Deputy City Attorney, noted that if the Council wished to
revoke the Conditional Use Permit and Entertainment Permit, Resolutions would be prepared for the
next meeting.
MOTION: Moved by Michael, seconded by Gutierrez, to uphold the decision of the Planning
Commission and direct staff to bring back Resolutions of denial. Motion carried 5-0.
Recess:
Mayor Kurth recessed the meeting at 10:18 p.m
Reconvene:
Mayor Kurth reconvened the meeting at 10:26 p.m. with all City Council members present
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 13 of 16
N3.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE DEANNEXATION OF
CERTAIN PROPERTY FROM LANDSCAPE MAINTENANCE DISTRICT
NO. 7 AND STREET LIGHTING DISTRICT NO. 7
Ingrid Bruce, Special District Manager, presented the staff report.
In response to Mayor Kurth, she confirmed that staff supports the recommended action.
John Gillison, Deputy City Manager, noted that a separate report will be brought back to the City
Council annexing this property into Landscape Maintenance District and Street Lighting District 8.
Mayor Kurth opened the public hearing.
With no-one wishing to speak, Mayor Kurth closed the public hearing
MOTION: Moved by Michael, seconded by Gutierrez, to adopt Resolution No. 10-071. Motion carried 5-
0.
O. CITY MANAGER'S STAFF REPORTS
The following items have no legal publication or posting requirements.
01.
RESOLUTION NO. 10-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REQUESTING THAT THE GOVERNOR
SUSPEND IMPLEMENTATION OF THE CALIFORNIA GLOBAL WARMING
SOLUTIONS ACT OF 2006 (AB 32) AND ASSOCIATED STATUTES AND
POLICIES
Fabian Villenas, Principal Management Analyst, presented the staff report.
In response to Mayor Pro Tem Michael, Mr. Villenas indicated that the Legislature did not need to pass
a law. He noted that this was at the Governor's discretion.
Mayor Kurth requested that a report be placed on a future agenda requesting that this legislation be
repealed.
MOTION: Moved by Gutierrez, seconded by Williams, to adopt Resolution No. 10-073. Motion carried
5-0.
02. REQUEST TO INITIATE MUNICIPAL CODE AMENDMENT DRC2010-00331 -CITY OF
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 14 of 16
RESOLUTION NO. 10-072
17.24 17 30 17 32 AND 17.42 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
REGARDING SUSTAINABLE LANDSCAPING.
James Troyer, Planning Director, presented the staff report
In response to Mayor Pro Tem Michael, Mr. Troyer stated that a meeting would be held with
stakeholders to discuss sustainable landscaping standards. Councilmember Gutierrez noted that the
standards need to be very well thought out.
MOTION: Moved by Williams, seconded by Michael, to direct staff to move forward with Municipal Code
Amendment DRC2010-00331. Motion carried 5-0.
03. APPROVAL TO COMMENCE PROCEEDINGS TO ESTABLISH LANDSCAPE
John Gillison, Deputy City Manager, presented the staff report.
In response to Mayor Pro Tem Michael, Mr. Gillison confirmed that it was not necessary to wait a full
year (as indicated by a previous speaker) to initiate another Proposition 218 election.
MOTION: Moved by Williams, seconded by Michael, to direct staff to commence proceedings to
establish Landscape Maintenance District 6-R and related Proposition 218 ballot procedures. Motion
carried 5-0.
P. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion
P1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per
Councilmember.)
Councilmember Spagnolo noted that he had attended a breakfast in honor of local police officers and
commended Deputy Robert Trostte. He also attended the Ron Ives Bicycle Rodeo, which was a huge
success. Also, Councilmember Spagnolo attended Run for the Wall festivities.
Councilmember Gutierrez indicated that the Relay for Life was on Saturday. He also enjoyed the Play
School Graduation at the Epicenter on May 14, 2010. Councilmember Gutierrez .encouraged each
candidate to remove any illegal signs in the City. Lastly, he requested service clubs or youth groups to
use the sidewalk system and report any graffiti that they find.
Mayor Pro Tem Michael reported that last week, the Redevelopment Agency sent $32 Million to the
State of California. He requested that all residents support the Local Taxpayer Protection Act. Mayor
Pro Tem Michael indicated that he attended the 20 year Anniversary of Lifeway Church.
Councilmember Williams stated that she attended Girl Scout Troop 11624's Bridging Ceremony. She
reported that Cucamonga Challenge was a huge success and asked everyone to put May 7, 2011 on
their calendars.
Mayor Kurth concurred that the Cucamonga Challenge was very successful and that the Relay for Life
was a great event. He also enjoyed the Ron Ives Bicycle Safety Rodeo, the Boy Scout Court of Honor
ceremonies and the Run for the Wall festivities.
Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified.
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 15 of 16
R. ADJOURNMENT
Mayor Kurth adjourned the meeting at 11:03 p.m. in memory of Yesica Monica Gillison.
Respe tfully submitted,
C, f ~ ~'"~
Debr L. McKay, MMC
Assist t City Clerk/Records Manager
Approved: June 2, 2010
Redevelopment Agency, Fire Protection District, City Council Minutes
May 19, 2010 -Page 16 of 16