HomeMy WebLinkAbout2010/09/01 - MinutesSeptember 1, 2010
RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL
CLOSED SESSION MINUTES
A. CALL TO ORDER
The Rancho Cucamonga Redevelopment Agency and City Council held a closed session on
Wednesday, September 1, 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 Mayor
Donald J. Kurth.
Present were Boardmembers/Councilmembers: Rex Gutierrez, Diane Williams, Sam Spagnolo, Vice
Chairman/Mayor Pro Tem L. Dennis Michael and Chair/Mayor Donald J. Kurth.
Also present were: Jack Lam, City Manager; John Gillison, Assistant City Manager; Linda Daniels,
Deputy City Manager and James Markman, City Attorney.
B. ANNOUNCEMENT OF CLOSED SESSION ITEM S
Mayor Donald J. Kurth announced the closed session items:
D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR UPDATE ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE
OF FOOTHILL, WEST OF ARCHIBALD AVENUE; NEGOTIATING PARTIES: LINDA D.
DANIELS, DEPUTY CITY MANAGER, ECONOMIC AND COMMUNITY DEVELOPMENT
SERVICES, FOR THE CITY, AND BRIAN SMITH FOR LAMAR OUTDOOR ADVERTISING
-RDA
D2. CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PER
GOVERNMENT CODE SECTION 54956.9(A) FOR CITY OF RANCHO CUCAMONGA'S
OBLIGATION UNDER CONTRACT NUMBER CO 06-179 TO SOUTHERN CALIFORNIA
EDISON -CITY
C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S
No one was present to comment on the closed session item.
D. CONDUCT OF CLOSED SESSION
Closed session began at 5:10 p.m.
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
F. RECESS
Redevelopment Agency, Fire Protection District, City Council Minutes
September 1, 2010 -Page 1 of 12
The closed session recessed 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 7:00 p.m.
Present were Agencymembers/Boardmembers/Councilmembers: Rex Gutierrez, Diane Williams,
Sam Spagnolo, Vice Chairman/Vice 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; James Troyer, Planning Director; Bill Wittkopf,
Public Works Director; Trang Huynh, Building and Safety Official; Mark Steuer, Engineering Director;
Kevin McArdle, Community Services Director; Joe Cusimano, Police Chief; Mike Bell, Fire Chief;
Janice C. Reynolds, City Clerk; Debra McKay, Records Manager/Assistant City Clerk and Shirr'I
Griffin, Deputy City Clerk.
H. ANNOUNCEMENTS/PRESENTAT.IONS.
H1. Presentation of a Proclamation in recognition of September 2010 as "National Childhood
Obesity Awareness Month."
Mayor Kurth presented a proclamation in recognition of National Childhood Obesity Awareness
Month.
H2. Presentation of a Proclamation in recognizing the month of September 2010 as "National
Preparedness Month" in conjunction with the U.S. Department of Homeland Security's Federal
Emergency Management Agency's Ready Campaign.
Mayor Kurth presented a proclamation in recognition of National Preparedness Month.
H3. Community Services Department Summer 2010 programs and activities review.
(PowerPoint)
Daniel Schneider, Volunteers/Special Events Supervisor and Heather Davis, Youth/Teen Programs
Supervisor highlighted the Community Services Department's summer 2010 programs and activities.
H4. Presentation of a Proclamation in recognition of September 2010 as "National Senior Center
Month."
Mayor Kurth presented a proclamation in recognition of National Senior Center Month.
I. PUBLIC COMMUNICATIONS
11. Paul Biane was not present.
Redevelopment Agency, Fire Protection District, City Council Minutes
September 1, 2010 -Page 2 of 12
12. Brenda Chabot, Executive Director of Drug Free RC, spoke in support of Item N1 (Social Host
ordinance) and concurred with the revocation of Beer Mug's Conditional Use Permit (Item M2). She
requested that the audience raise their hands if they supported Item N1.
13. Michael Parmer indicated that he was a Drug Free RC coalition member. He supported Item N1
(Social Host ordinance).
14. Ed Dietl suggested that the City use the rich history of the area (namely Route 66) to generate
revenue through tourism. He made a PowerPoint presentation.
15. Jerie Lee invited the Council and the audience to a Candidate's Forum, to be held on October 26,
2010 from 6:30 - 9:00 p.m. at the Senior Center. She noted a vacant home two doors down from her
residence and requested a report on why the fine authorized by Senate Bill 1137 was not being
levied.
16. Joseph Losch thanked the City Council for designating September 26, 2010 as Mesothelioma
Awareness Day.
17. Rod Elsdan indicated that he was contacted by staff after the last meeting in which he suggested
that the 2-hour parking signs be modified to exempt residents of the street. Mr. Elsdan expressed
concerns with being told that the suggestion was not enforceable. City Attorney Jim Markman
commented on the suggestion.
I8. Jim Moffatt noted that the parks in the City are not free and disagreed with the Community
Services Director's statement that the rate was $35.00. On the overhead, he provided one page of
the Department's fee schedule as well as a reservation sheet and noted that this fee is not listed. In
response, Mayor Pro Tem Michael indicated that there is a $75.00 fee for 2 hours, which equates to
$37.50 per hour. Mr. Moffatt expressed a concern with teams being removed from vacant fields.
19. Evony Burns announced the opening of a new bakery in the City and indicated that Patti Cakes
would be open in October.
110. Jackie Bolda supported the programs and activities offered by the Community Services
Department to fight childhood obesity. She supported the proposed water district assessment (Item
M1) and suggested that a Commission be established to prevent future misunderstandings. In
response to Mayor Kurth, she clarified her comments to be regarding the landscape maintenance
district assessment.
1111. Roger Jon Diamond withdrew his request to speak.
112. Sergio Martinez appreciated the results of last year's nuisance abatement proceedings but noted
that there still is an issue with access to utilities being blocked by a fence. He requested that the
matter be placed on the next agenda.
113. Susan Pena indicated that she is a member of Mothers Against Drunk Driving and spoke in
support of Item N1 (Social Host ordinance).
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: August 18, 2010 (Regular Meeting)
J2. Approval of Check Register dated August 11 through August 24, 2010, for the total amount of
$361,283.51.
Redevelopment Agency, Fire Protection District, City Council Minutes
September 1, 2010 -Page 3 of 12
J3. Approval to accept the "2010 Local Agency Biennial Notice" pertaining to the Agency's
Conflict of Interest Code.
J4. Approval to accept the Haven Avenue Underpass Capital Project, Contract No. RA 08-026 as
complete, release the bonds, accept a maintenance bond, and authorize the City Engineer to
file a Notice of Completion and approve the final contract amount of $14,514,069.64.
RESOLUTION NO. RA 10-018
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE
HAVEN AVENUE UNDERPASS CAPITAL PROJECT, CONTRACT NO.
RA 08-026 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
MOTION: Moved by Spagnolo, 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 atone time without discussion. Any item may be
removed by a Boardmember for discussion.
K1. Approval of Minutes: August 18, 2010 (Regular Meeting)
K2. Approval of Check Register dated August 11 through August 24, 2010, for the total amount of
$532, 095.60.
K3. Approval to accept the "2010 Local Agency Biennial Notice" pertaining to the District's
Conflict of Interest Code.
K4. Approval to enter into Waterline and Sewerline Improvement Agreements (FD 10-011 & FD
10-012) with Cucamonga Valley Water District in conjunction with the Hellman Fire Station
(177) Construction Project.
K5. Approval of a Resolution declaring results of a Special Election in Community Facilities
District No. 88-1, Annexation No. 88-10-1 (Amin Khan, Owner-APNs 0201-182-36,37&38).
RESOLUTION NO. FD 10-038
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 THE
RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES
DISTRICT NO. 88-1, ANNEXATION NO. 88-10-1 AND ORDERING THE
ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES
DISTRICT NO. 88-1
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.
~~ 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.
Redevelopment Agency, Fire Protection District, City Council Minutes
September 1, 2010 -Page 4 of 12
L1. Approval of Minutes: August 18, 2010 (Regular Meeting)
L2. Approval of Check Register dated August 11 through August 24, 2010, and payroll ending
August 24, 2010, for the total amount of $3,538,310.90.
L3. Approval to proceed with amendments to the City's 2010 Conflict of Interest Code.
L4. Approval to accept grant revenue in the amount of $5,000 from Kaiser Foundation Hospital,
Fontana Medical Center, into Account No. 1218000-4905 (Grant Revenue) and authorization
to appropriate $1,000 into Account No. 1218102-5300 (Contract Services) and $4,000 into
Account No. 1218102-5200 (Materials/Supplies) for costs associated with the development
and coordination of the Gardening Reaps Overall Wellness (GROW) Program.
L5. Approval of a Resolution adapting the Citizen Corps Annex to the Emergency Operations
Plan and establishing a Citizen Corps Council and Community Emergency Response Team
training program. (DISCUSSED AS ITEM N2)
RESOLUTION NO. 10-138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING THE CITIZEN CROPS
ANNEX TO THE EMERGENCY OPERATIONS PLAN AND
ESTABLISHING A CITIZEN CORPS COUNCIL AND COMMUNITY
EMERGENCY RESPONSE TEAM TRAINING PROGRAM
L6. Approval of an Amendment to City Council Resolution Number 82-147, Section 3,
concerning interest rate for developer to developer reimbursement agreements.
RESOLUTION NO. 10-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO CITY
COUNCIL RESOLUTION NO. 82-147, SECTION 3, CONCERNING
INTEREST RATE FOR DEVELOPER TO DEVELOPER
REIMBURSEMENT AGREEMENTS
L7. Approval of a Resolution adopting the Measure "I" Five-Year Capital Improvement Program
and Improvement Plan Expenditure Strategy for Measure "I" Funds covering Fiscal Years
2010/2015.
RESOLUTION NO. 10-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE-
YEAR CAPITAL IMPROVEMENT PROGRAM COVERING FISCAL
YEARS 2010/2015 AND IMPROVEMENT PLAN EXPENDITURE
STRATEGY FOR THE EXPENDITURE OF MEASURE "I" FUNDS
L8. Approval of attached Resolution authorizing the City's Finance Director to file and sign a
claim for reimbursement of Local Transportation Fund, Article 3 Funds that the San
Bernardino Associated Governments had set aside for the construction of the Pacific Electric
Inland Empire Trail, Phases 4A and 4B.
Redevelopment Agency, Fire Protection District, City Council Minutes
September 1, 2010 -Page 5 of 12
RESOLUTION NO. 10-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY'S FINANCE
DIRECTOR TO FILE AND SIGN A CLAIM FOR REIMBURSEMENT OF
LOCAL TRANSPORTATION FUND, ARTICLE 3 FUNDS THAT THE SAN
BERNARDINO ASSOCIATED GOVERNMENTS HAD SET ASIDE FOR
THE CONSTRUCTION OF THE PACIFIC ELECTRIC INLAND EMPIRE
TRAIL, PHASES 4A AND 46
L9. Approval to order the annexation of the certain territory known as Haven Avenue Underpass
project to Landscape Maintenance District No. 38, located on Haven Avenue between 7`"
Street and Jersey Boulevard.
RESOLUTION NO. 10-142
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 (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FOR
HAVEN AVENUE UNDERPASS CAPITAL PROJECT
L10. Approval to release Faithful Performance Bond No. 7607664, retained in lieu of a
Maintenance Bond, in the amount of $239,300.00, for the Arrow Route Pavement
Rehabilitation from Milliken Avenue to Rochester Avenue, Contract No. 09-177.
L11. Approval to release the Maintenance Guarantee Bond for DRC2006-00866, located on the
north side of 6`h Street, west of Etiwanda Avenue, submitted by RWC Enterprises, Inc.
L12. Approval to accept improvements, retain the Faithful Performance Bond in lieu of a
Maintenance Bond, and file a Notice of Completion for improvements for DRC2007-00455,
located at 6541 Woodruff Place, submitted by TA Construction.
RESOLUTION NO. 10-143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR DRC2007-00455 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
L13. Approval to accept improvements, release the Faithful Performance Bond, accept a
Maintenance Bond, and file a Notice of Completion for improvements for Tract 15982-1,
located at the northeast corner of Day Creek Boulevard and Wilson Avenue, submitted by
KB Home Greater Las Angeles, Inc.
RESOLUTION NO. 10-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT 15982-1 AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WORK
L14. Approval to release the Retention Basin Maintenance cash deposit (Interim Detention Basin)
for Tract 15982-1, located at the northeast corner of Day Creek Boulevard and Wilson
Avenue, submitted by KB Home Greater Los Angeles, Inc.
L15. Approval to release the Maintenance Guarantee cash deposit for Parcel Map 16767, located
on the north side of Foothill Boulevard, west of Etiwanda Avenue, submitted by Caroline
Lee.
Redevelopment Agency, Fire Protection District, City Council Minutes
September 1, 2010 -Page 6 of 12
L16. Approval to release the Maintenance Guarantee Bond for Parcel Map 17818, located at the
southeast corner of Foothill Boulevard and Rochester Avenue, submitted by Footchester
Partners I, LLC.
Jack Lam, City Manager, removed Item L5 and requested that it be discussed as Item N2.
MOTION: Moved by Gutierrez, seconded by Michael, to approve the staff recommendations in the
remaining staff reports. Motion carried 5-0.
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.
RESOLUTION NO. 10-145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION, APPROVING THE ENGINEER'S
REPORT, FORMING LANDSCAPE MAINTENANCE DISTRICT NO. 6-R,
ORDERING THE MAINTENANCE WORK THEREIN, CONFIRMING THE
DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF AN
ANNUAL ASSESSMENT THEREIN
RESOLUTION NO. 10-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION IN PROPOSED LANDSCAPE
MAINTENANCE DISTRICT NO. 6-R, DETERMINING THE EXISTENCE
OF A MAJORITY PROTEST AND ABANDONING THE PROCEEDINGS
TO FORM SUCH LANDSCAPE MAINTENANCE DISTRICT AND TO
LEVY ASSESSMENTS THEREIN
John Gillison, Assistant City Manager, presented the staff report.
Mayor Kurth opened the public hearing.
Ed Hills, representing the LMD 6 Coalition, spoke in support of the assessment.
Michelle Goodlande thanked the City Council for taking steps to remedy the situation. She noted that
there has been damage done to the landscaping which will take some time to repair and appreciated
that a yearly newsletter will be generated.
Oscar urged the City to live within its budget. Adding extra taxes during this economy is not a good
idea.
A member of the audience stated that safety issues were created during the reduction of
maintenance.
Redevelopment Agency, Fire Protection District, City Council Minutes
September 1, 2010 -Page 7 of 12
Mayor Kurth closed the public hearing
Once the public hearing was closed, the ballots for LMD 6 were counted. After the 10:30 p. m. recess
and conclusion o(Item M2, the City Council adopted the appropriate Resolution.
City Clerk Janice Reynolds stated the following: 1,277 assessment ballots were mailed to the
property within the proposed boundaries of the Landscape Maintenance District and 646 valid
assessment ballots were received prior to the close of the public hearing. Six ballots were not
properly marked or signed and invalidated. 466 assessment ballots representing $162,595.50 of
assessments were submitted in support of the levy of the proposed assessments within the
Assessment District. 174 assessment ballots representing $59,324.03 of assessments were
submitted in opposition to the levy of the proposed assessments within the Assessment District.
John Gillison, Assistant City Manager, stated that a majority protest did not exist for Landscape
Maintenance District No. 6R and recommended that Resolution No. 10-145 be adopted.
MOTION: Moved by Michael, seconded by Williams, to adopt Resolution No. 10-145. Motion carried
5-0.
M2. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION TO
REVOKE CONDITIONAL USE PERMIT CUP99-43 FOR THE BEER MUG - A public hearing
on an appeal of the Planning Commission's decision to revoke the Conditional Use Permit
on the grounds that it is operating in a manner 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. The
business is located within the Regional Related Commercial District, Subarea 4, of the
Foothill Boulevard Specific Plan, in the Foothill Marketplace at 12809 Foothill Boulevard,
Suite C1-C4 -APN: 0229-031-33. Related files: Conditional Use Permit CUP97-03 and
Entertainment Permit EP97-30.
RESOLUTION NO. 10-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING THE APPEAL OF THE
PLANNING COMMISSION DECISION TO REVOKE CUP99-43 FOR THE
BEER MUG, AN EXISTING RESTAURANT AND BAR LOCATED WITHIN
THE REGIONAL RELATED COMMERCIAL DISTRICT, SUBAREA 4, OF
THE FOOTHILL BOULEVARD SPECIFIC PLAN, IN THE FOOTHILL
MARKETPLACE AT 12809 FOOTHILL BOULEVARD, SUITE C1-C4;
AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0229-031-33
James Troyer, Planning Director, presented the staff report.
In response to Mayor Kurth, Mr. Troyer indicated that the modifications to the floor plan were not
approved. He confirmed to Mayor Pro Tem Michael that the changes to the floor plan would result in
a change of occupancy, which requires review by Building and Safety.
In response to Councilmember Spagnolo, Mr. Troyer indicated that the calls for service and
inspections to the business prompted the Notice of Violation. He noted that a new Conditional Use
Permit is needed to modify the floor plan and stated that a new entertainment permit would be
required. Mr. Troyer indicated to Councilmember Gutierrez that Mr. Roig was asked to stop
entertainment on January 27, 2010 but indicated that the entertainment continued at the
establishment for several months.
Mr. Troyer reported to Mayor Kurth that the business was a restaurant when purchased but indicated
that it had been evolving into a bar without the necessary permits. Mr. Troyer indicated to
Councilmember Williams that regular inspections were done by the Police Department. He stated to
Mayor Kurth that the zoning allows a bar at the Beer Mug but indicated that a permit is needed.
Redevelopment Agency, Fire Protection District, City Council Minutes
September 1, 2010 -Page 8 of 12
In response to Mayor Pro Tem Michael, Mr. Troyer confirmed that Mr. Roig had promised to stop the
entertainment on June 2, 2010 but noted that live entertainment occurred at the establishment on
June 9, 2010. Mr. Troyer concluded that the PowerPoint presentation consisted of 18 slides.
Officers Nicholas Clark and Ron Wright provided a PowerPoint presentation addressing
entertainment, the modification of the establishment and five calls for service. Also, it was noted that
three slides containing pictures of nude or scantly clothed women were removed from the
presentation but were provided to the City Council and the appellant separately.
In response to Mayor Kurth, Officer Wright confirmed that topless dancers were not allowed. Officer
Wright stated to Mr. Markman that there were three slides, totaling five pictures of two different
women without their tops.
Officer Clark addressed the circumstances surrounding five specific calls for service.
In conclusion, Mr. Troyer recommended that the City Council uphold the Planning Commission's
decision to revoke the Conditional Use Permit and deny the appeal.
Roger Jon Diamond stated that he is Mr. Roig's attorney. He indicated that he was not the initial
lawyer for this matter but had recently been hired by Mr. Roig to try to resolve the matter. Mr.
Diamond agreed with the issues raised by the previous attorney and added the following concerns:
Mr. Diamond noted that there was a 1997 Conditional Use Permit that referenced entertainment
which has not been discussed. He noted that Mr. Roig met extensively with City officials before he
entered into a lease for the business and was told that an entertainment permit was already in place.
Mr. Roig did not make the modifications to the business as they were physical changes to the floor
plan were in place when he purchased the business. Mr. Diamond requested that the City Council
make a determination if there was prior approval as Mr. Roig would not have signed the lease and
invested $250,000.00 without a permit in place.
Mr. Diamond stated that Mr. Roig has tried to change the reputation of the establishment. He was
confident that the Officers would confirm that currently the place is running fine. Mr. Diamond stated
that the June 9, 2010 event had been previously scheduled and confirmed that no entertainment has
been offered since that time. He addressed the pictures and pointed out that there is not a claim that
this is an adult business. No topless dancing or nude dancing is occurring.
Mr. Diamond indicated that the Police Department is focusing on five events and wondered what the
catalyst was for the January, 2010 Notice of Violation. He pointed out that only three events occurred
prior to the January notice. The first event was the shooting of five people by someone who had been
denied entrance into the establishment. The second was an assault on the security guards. The last
was an assault on two people who were in the parking lot. Mr. Diamond noted that the business did
not commit these crimes. Only the last event with the 19 year old deserved close scrutiny.
Mr. Roig, owner of the Beer Mug, stated that prior to leasing the premises he went to City Hall and
spoke with Daniel Correa to confirm that an entertainment permit was in place. Mr. Correa listed this
permit on Mr. Roig's ABC application. Mr. Roig stated that based on that assurance, he entered a
lease and invested $250,000.00. He confirmed that he did not make any changes to the floor plan
and indicated that he opened the business in September, 2009.
Mr. Roig stated that it had been difficult changing the restaurant's reputation. He confirmed to Mr.
Diamond that he had a Type 47 license and recognized that he would not be able to sell alcohol, only
beer and wine, without it. Mr. Roig indicated that this action would result in bankruptcy. He also
confirmed to Mr. Diamond that he had filed a claim with the City for damages but had not yet received
a letter of denial.
Mr. Roig addressed the incident with the 19 year old, noting that he did not personally serve him
alcoholic beverages. He stated that everyone under 21 is removed from the establishment at 9:00
p.m. and that it was routine for patrons left in the business to get drinks from the bar after that time
Redevelopment Agency, Fire Protection District, City Council Minutes
September 1, 2010 -Page 9 of 12
without being carded again. Mr. Roig has someone at the door checking I.D. He confirmed that he
sells food until 1:30 a.m.
Mr. Diamond expressed concerns that staff is not remaining neutral and glossed over the information
that they provided to Mr. Roig prior to his purchasing the business. Mr. Diamond noted that the
original Resolutions should be part of the record provided to the City Council. Councilmembers
Gutierrez and Williams concurred with the need to review the complete record.
Jim Markman, City Attorney, agreed with the need for a complete record. He noted that there is no
authority for the City Council to grant a temporary entertainment permit and suggested that the
meeting be recessed to allow time to locate the documents.
Recess:
Mayor Kurth recessed the meeting at 10:30 p.m.
Reconvene:
Mayor Kurth reconvened the meeting at 10:40 p.m.
Due to the lateness of the meeting and the need to ensure a complete record, Mr. Markman
suggested that the matter be continued to October 6, 2010.
MOTION: Moved by Michael, seconded by Williams, to continue the appeal of the Planning
Commission decision to revoke CUP99-43 for the Beer Mug to October 6, 2010 Motion carried 5-0.
N. CITY MANAGER'S STAFF REPORTS
The following items have no legal publication or posting requirements.
N1. CONSIDERATION TO INITIATE MUNICIPAL CODE AMENDMEf
CITY OF RANCHO CUCAMONGA - A request to amend Chapter 9.32 of Title 9 regarding
second responses by police to parties and other assemblages, and adding standards for
accountability for social hosts of minors.
James Troyer, Planning Director, presented the staff report.
In response to Mayor Pro Tem Michael, Mr. Troyer indicated that an Ordinance will be brought back
to the City Council the second meeting in October. He noted to Councilmember Williams that the
Municipal Code already contains cost recovery provisions.
In response to Mayor Pro Tem Michael, Mr. Troyer confirmed that the Ordinance would not be limited
to alcohol. It is intended to supplement the rules already in place.
MOTION: Moved by Michael, seconded by Gutierrez, to direct staff to initiate Municipal Code
Amendment DRC2010-00624. Motion carried 5-0.
L5.N2.Approval of a Resolution adopting the Citizen Corps Annex to the Emergency Operations
Plan and establishing a Citizen Corps Council and Community Emergency Response Team
training program. (REMOVED FOR DISCUSSION)
RESOLUTION NO. 10-138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING THE CITIZEN CROPS
ANNEX TO THE EMERGENCY OPERATIONS PLAN AND
Redevelopment Agency, Fire Protection District, City Council Minutes
September 1, 2010 -Page 10 of 12
ESTABLISHING A CITIZEN CORPS COUNCIL AND COMMUNITY
EMERGENCY RESPONSE TEAM TRAINING PROGRAM
Breanna Medina, Management Analyst II, presented information to the City Council on the new
Citizen Corps Council.
In response to Mayor Pro Tem Michael, she confirmed that the Department would maintain a listing of
CERT-trained individuals. However, the focus of this training will be changed to helping yourself and
your family.
In response to Councilmember Gutierrez, Breanna Medina confirmed the availability of a refresher
course for previously certified individuals. She indicated to Councilmember Williams that the
participants would receive free equipment due to the receipt of grant funds. Councilmember Williams
encouraged the Department to accept donations for the equipment.
MOTION: Moved by Williams, seconded by Gutierrez, to approve the staff recommendation in the
staff report. Motion carried 5-0.
O. 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 this year is the 9`" anniversary of September 11`". He asked that
the public fly as many flags as possible on their property that day.
Councilmember Gutierrez concurred. He indicated that the City Council accomplished a lot at this
meeting. Councilmember Gutierrez commented on the Fire Station groundbreaking, the improvement
of Foothill Boulevard and the storm drain project.
Mayor Pro Tem Michael noted that all of these projects will provide jobs during this difficult economy
and hopefully will attract development afterwards. He noted that the Grape Harvest Festival was last
weekend and thanked everyone who attended.
Councilmember Williams appreciated the educational evening recently provided by the Islamic
Center. She noted that the Grape Harvest Festival was wonderful and congratulated the Chamber of
Commerce.
Mayor Kurth concurred and noted the wealth of activities at the Festival. He reported that Daisy
Grace is now 7 months old and has learned how to play the piano.
02. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Councilmember Spagnolo noted that the State legislature has not passed a budget yet. He reported
on several bills that have passed the legislature.
Mayor Pro Tem Michael reported that due to the economy, there will be some Omnitrans service
changes on September 7, 2010.
03. UPDATE ON THE PARKING PERMIT PROGRAM
Mark Steuer, City Engineer, and Joe Cusimano, Police Chief, presented the staff report
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September 1, 2010 -Page 11 of 12
Q. IDENTIFICATLON OF ITEMS FOR NEXT MEETING
No items were identified.
R. ADJOURNMENT
Mayor Kurth adjourned the meeting at 11:30 p.m. after a moment of silence for those who died on
September 11~".
Respectfully su~bm~itted,
~ ~ /'la /~
Debra .McKay, MMC
Assists t City Clerk/Records Manager
Approved: October 6, 2010
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September 1, 2010 -Page 12 of 12