HomeMy WebLinkAbout2011/04/06 - MinutesApril 6, 2011
RANCHO CUCAMONGA
REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL
CLOSED SESSION MINUTES
A. CALL TO ORDER
The Rancho Cucamonga Redevelopment Agency, Fire Protection District and City Council held a
closed session on Wednesday, April 6, 2011, in the Tapia Room of the Civic Center located at 10500
Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by
Vice ChairmanNice PresidenUMayor Pro Tem Sam Spagnolo.
Present were Agency Members/Board Members/Council Members: Bill Alexander, Chuck Buquet,
Diane Williams and Vice ChairmanNice PresidenUMayor Pro Tem Sam Spagnolo.
Chairman/PresidenUMayor L. Dennis Michael was absent.
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
Vice ChairmanNice PresidenUMayor Pro Tem Sam Spagnolo announced the closed session items
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 AT THE NORTHWEST CORNER OF
BASE LINE ROAD AND DAY CREEK BOULEVARD, ASSESSOR PARCEL NUMBERS:
108903115, 108903116, AND 108903135. NEGOTIATING PARTIES: LINDA D. DANIELS,
DEPUTY CITY MANAGER FOR ECONOMIC AND COMMUNITY DEVELOPMENT
SERVICES, CITY OF RANCHO CUCAMONGA; AND RANDALL LEWIS, FOR LEWIS
OPERATING CORP. -RDA
D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF
HELLMAN AVENUE AND EIGHTH STREET, ASSESSOR PARCEL NUMBER 020901322.
NEGOTIATING PARTIES: LINDA D. DANIELS, DEPUTY CITY MANAGER FOR
ECONOMIC AND COMMUNITY DEVELOPMENT SERVICES, CITY OF RANCHO
CUCAMONGA; AND MITCH ALDERMAN FOR SAN BERNARDINO ASSOCIATED
GOVERNMENTS. -RDA
C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S
No one was present to comment on the closed session item.
~~ D. CONDUCT OF CLOSED SESSION ~~
Closed session began at 5:00 p.m.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 6, 2011 -Page 1 of 11
E. CITY MANAGER ANNOUNCEMENTS
No announcements were made.
F. RECESS
The closed session recessed at 6:45 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. Vice ChairmanlVice PresidenUMayor Pro Tem Sam Spagnolo called
the meeting to order at 7:06 p.m.
Present were Agency MemberslBoard Members/Council Members: Bill Alexander, Chuck Buquet,
Diane Williams and Vice ChairmanlVice PresidenUMayor Pro Tem Sam Spagnolo.
Chairman/PresidenUMayor L. Dennis Michael was absent.
Also present were: Jack Lam, City Manager; James Markman, City Attorney; John Gillison, Assistant
City Manager; Linda Daniels, Deputy City Manager; Mark Steuer, Engineering Director; James
Troyer, Planning Director; Bill Wittkopf, Public Works Director; Kevin McArdle, Community Services
Director; Police Chief Joe Cusimano; Janice C. Reynolds, City Clerk; Debra McKay, Records
Manager/Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk.
H. ANNOUNCEMENTS/PRESENTATIONS
H1. Proclamation declaring April 10, 2011 as "Walk for Kids Day."
Mayor Pro Tem Spagnolo presented a proclamation to Dee Feldmeir, Executive Director of the Loma
Linda Ronald McDonald House, declaring April 10, 2011 as "Walk for Kids Day."
H2. Proclamation declaring April, 2011 as "Donate Life Month."
Mayor Pro Tem Spagnolo presented a proclamation to Ina Brown, Donate Life Ambassador,
declaring April, 2011 as "Donate Life Month."
H3. Presentation of Proclamation Celebrating "Earth Day 2011."
Mayor Pro Tem Spagnolo presented a proclamation to Linda Ceballos, Environmental Programs
Manager, and Alana Rivadeneyra, Energy Efficiency Coordinator, in celebration of Earth Day.
I. PUBLIC COMMUNICATIONS
11. Jerie Lee announced that Assemblyman Morrell would be speaking at the Senior Center on
April 8, 2011 from 6:00 to 8:00 p.m.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 6, 2011 -Page 2 of 11
12. Luella Hairston invited the City Council and the audience to the Black and White Gala on May
7, 2011 at 6:00 p.m. at Central Park. Funds raised benefit transportation expenses for homebound
seniors.
13. Justin Leal presented his Eagle Project, which is to create a Recycling Awareness Campaign,
in conjunction with the Earth Day celebration on April 16, 2011 at the Library.
14.John Lyons appreciated last year's Gala and encouraged the audience to attend. Regarding the
presentation on Donate Life Month, he commented on Angel Ftight, which assists patients in their
transportation needs and assists Non-profit organ and tissue banks. Lastly, Mr. Lyons noted that
the new street signs look great.
15. Jim Moffatt expressed concerns with the approval of Item M1 (Ordinance requiring mandatory
payment for refuse collection services). He did not believe that the City should serve as a
collection agency for Burrtec and restated a request that the Councilmembers who received
campaign contributions from Burrtec refrain from voting on this matter. Mr. Moffatt did not see how
the City would benefit from this program.
16. Margaret Lawrence noted that she lives next door to a neighbor who has three dogs that bark
all the time. She has contacted the Animal Care and Services Center, who indicated that one other
neighbor needs to verify the situation before addressing the matter. Her other neighbors are
reluctant to come forward. Mrs. Lawrence requested assistance.
17. Ed Dietl provided pictures of the historic properties in the City, including the china house and
the gas station property. He noted that a Historical Ordinance is being considered and did not
believe that the provisions were adequate as property owners should be penalized for allowing
historic structures to be demolished by neglect. He noted that the City advertises on the sign
adjacent to the historic gas station and suspected that this is why the sign is allowed to be placed
in that location.
18. Amanda Feinner noted that April is Autism Awareness Month. As she is autistic, Amanda
addressed the City Council and the audience with her need for a stable place to live.
19. Leo Diaz showed the City Council and the audience Amanda's artwork. As they are homeless,
Mr. Diaz requested assistance.
CONSENT CALENDARS:
The following items are expected to be routine and non-controversial. They will be acted upon
by the Agency/Board/City Council at one time without discussion. Any item may be removed by
an Agency/Board/Council Member for discussion.
J. CONSENT CALENDAR -REDEVELOPMENT AGENCY
J1. Approval of Minutes: March 16, 2011 (Regular Meeting)
J2. Approval of Check Register dated March 9 through March 29, 2011, for the total amount of
$1, 824, 683.99.
J3. Approval of confirmation of the payment of a Special Legal Assessment in the amount of
$7,500.00 for the Community Redevelopment Association's expected litigation regarding the
Local Revenue Protections under Proposition 22, approved in November 2010, and the
State Administration's proposal to eliminate Redevelopment.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 6, 2011 -Page 3 of 11
J4. Approval of Plans, Specifications and Estimates and to authorize the advertising of the
"Notice Inviting Bids" for the East Avenue Master Plan Storm Drain Line 8 Proiect, to be
funded from Account No. 2502801565011584502-0.
RESOLUTION NO. RA 11-005
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALfFORNIA, APPROVING PLANS
AND SPECIFICATIONS FOR THE EAST AVENUE MASTER PLAN
STORM DRAIN LINE 8 PROJECT, IN SAID CITY AND AUTHORIZING
AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
J5. Approval of Plans and Specifications for the Fleet Shoo CNG Modification and authorize the
City Clerk to advertise the "Notice Inviting Bids" to be funded from Accounts 1025001-
5650/1541025-0 (Capital Reserve) and 2660801-565011541660-0 (2004 Tax Allocation
Bonds).
RESOLUTION NO. RA 11-006
A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT
AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS
AND SPECIFICATIONS FOR THE FLEET SHOP CNG MODIFICATION
IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK
TO ADVERTISE TO RECEIVE BIDS
J6. Approve the plans and specifications for the Epicenter and Adult Sports Complex Lighting
Replacement Proiect, accept the bids received and award and authorize the execution of a
contract in the amount of $603,900.00 ($549,000 plus a 10% contingency of $54,900) to the
apparent low responsive, responsible bidder, Ace Electric, Inc. (RA 11-003 of San Diego,
California, for the Epicenter and Adult Sports Complex Lighting Replacement Project to be
funded from 2520801-5607 (Sports Complex Projects).
MOTION: Moved by Williams, seconded by Alexander, to approve the staff recommendations in the
staff reports. Motion carried 4-1, with Chairman Michael being absent.
K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT
K1. Approval of Minutes: March 16, 2011 (Regular Meeting)
K2. Approval of Check Register dated March 9 through March 29, 2011, for the total amount of
$407,343.11.
K3. Adoption of a Resolution declaring results of a Special Election in Community Facilities
District No. 85-1, Annexation No. 11-1 and ordering the annexation of such property to
Community Facilities District No. 85-1 (Taco Bell - APN: 1077-011-45).
RESOLUTION NO. FD 11-007
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO
CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING THE
RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES
DISTRICT NO. 85-1, ANNEXATION N0.11-1 AND ORDERING THE
ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES
DISTRICT NO.85-1
Redevelopment Agency, Fire Protection District, City Council Minutes
April 6, 2011 -Page 4 of 11
K4. Adoption of a Resolution declaring results of a Special Election in Community Facilities
District No. 88-1, Annexation No. 88-11-1 and ordering the annexation of such property to
Community Facilities District No. 88-1 (Michael 8 Christina Shelton, Owners - APN: 1074-
491-28).
RESOLUTION NO. FD 11-008
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. 88-11-1 AND ORDERING THE
ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES
DISTRICT NO. 88-1
MOTION: Moved by Buquet, seconded by Williams, to approve the staff recommendations in the
staff reports. Motion carried 4-1, with President Michael being absent.
L. CONSENT CALENDAR -CITY COUNCIL
L1. Approval of Minutes: March 16, 2011 (Regular Meeting)
L2. Approval of Check Register dated March 9 through March 29, 2011, and payroll ending
March 29, 2011, for the total amount of $5,196,727.01.
L3. Approval of Plans and Specifications for the Fleet Shop CNG Modification and authorize the
City Clerk to advertise the "Notice Inviting Bids' to be funded from Accounts 1025001-
5650/1 541 0 2 5-0 (Capital Reserve) and 2660801-5650/1541660-0 (2004 Tax Allocation
Bonds).
RESOLUTION NO. 11-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR THE FLEET SHOP CNG MODIFICATION AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS
L4. Approval of Support for H.R. 470, the Hoover Power Allocation Act of 2011.
L5. Approval of a Request from the Rancho Cucamonga Quakes for Waiver of Rental Fees for
use of the Epicenter Stadium on April 17, May 8, May 22 and May 29, 2011, far Free Youth
Baseball Clinics.
L6. Approval of attached Multi-Use Trail -Common Use Agreement -Amendment No. 1 for the
City's use of the County's Deer Creek and Day Creek Channels' right-of-way, and
authorizing the Mayor to sign the agreement.
L7. Approval to accept bids received, award and authorize the execution of a contract in the
amount of $90,150.00 to the apparent low bidder, Macadee Electrical Construction (CO 11-
033) of Chino, California, and authorize the expenditure of a 10% contingency in the amount
of $9,015.00 for the Illuminated Street Name Sion Replacement Phase 2, to be funded from
Account Number 1170303-5300 (Gas Tax).
Redevelopment Agency, Fire Protection District, City Council Minutes
April 6, 2011 -Page 5 of 11
L8. Approval to accept the bids received and award and authorize the execution of the contract
in the amount of $16,037.00 to the apparent low bidder, JM Justus Fence Company (CO 11-
034) of Temecula, California and authorize the expenditure of a 10% contingency in the
amount of $1,600.00, for the Ridoecrest Fencing Project, to be funded from AD 91-2
Redemption-Day Canyon funds, Account Number 1838203-5300 and appropriate $17,637
(contract award of $16,037 plus 10% contingency in the amount of $1,600) to Account
Number 1838203-5300 from AD 91-2 Redemption-Day Canyon fund balance.
L9. Approval of a request for a Traffic Signal Maintenance Agreement with the County of San
Bernardino and the City of Ontario (CO 11-035) for the Intersection of Etiwanda Avenue and
San Bernardino Road/4th Street.
RESOLUTION NO. 11-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR A
TRAFFIC SIGNAL MAINTENANCE AGREEMENT WITH THE COUNTY
OF SAN BERNARDINO AND THE CITY OF ONTARIO FOR THE
INTERSECTION OF ETIWANDA AVENUE AND SAN BERNARDINO
ROAD/4TH STREET
L10. Approval to authorize City Engineer to approve and sign Contract Change Order No. 1 to
Professional Services Agreement 09-005 for the design of Wilson Avenue East and
Wardman-Bullock Road and to appropriate $99,942.00 from Account No.
11243035650/1515124-0.
L11. Approval of Map and Ordering the Annexation to Landscape Maintenance District No. 4-R
and Street Light Maintenance District Nos. 1 and 4 for Tract Map 18782, located between
Church Street and Town Center Drive and between Elm and Spruce Avenues, submitted by
LGC Santa Barbara at Terra Vista, LLC.
RESOLUTION NO. 11-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING FINAL MAP FOR TRACT
18782
RESOLUTION NO. 11-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT
NO. 4-R (TERRA VISTA PLANNED COMMUNITY) FOR TRACT 18782
RESOLUTION NO. 11-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT
NO. 1 (ARTERIAL STREETS) FOR TRACT 18782
RESOLUTION NO. 11-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT
NO. 4 (TERRA VISTA PLANNED COMMUNITY) FOR TRACT 18782
Redevelopment Agency, Fire Protection District, City Council Minutes
April 6, 2011 -Page 6 of 11
L12. Approval of a request for an amendment to Contract No. 82-841 with the County of San
Bernardino for the purpose of Traffic Signal Maintenance at the Intersection of Etiwanda
Avenue and Napa Street.
RESOLUTION NO. 11-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR AN
AMENDMENT TO CONTRACT NO. 82-841 WITH THE COUNTY OF
SAN BERNARDINO FOR THE PURPOSE OF TRAFFIC SIGNAL
MAINTENANCE AT THE INTERSECTION OF ETIWANDA AVENUE AND
NAPA STREET
L13. Approval to release a Reimbursement Agreement and the Addendum to same
Reimbursement Agreement for Parcel Map 17818, located on the south side of Foothill
Boulevard, east of Rochester Avenue, submitted by Footchester Partners I, LLC
RESOLUTION NO. 11-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RELEASING A REIMBURSEMENT
AGREEMENT AND THE ADDENDUM TO SAME REIMBURSEMENT
AGREEMENT FROM FOOTCHESTER PARTNERS I, LLC
L14. Approval to Execute an Addendum to the Epicenter Rental Contract with Rancho
Cucamonga High School for Waiver of Rental Fees Associated with Graduation Ceremonies
at the Rancho Cucamonga Epicenter in Exchange for City Use of the Rancho Cucamonga
High School's Gymnasium for the City's Youth Basketball Program for 2011 and 2012.
L15. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a
Maintenance Bond, and file a Notice of Completion for improvements for Tract 16592,
located on the north side of Hillside Road, west of Archibald Avenue, submitted by Toll CA
IV. L.P.
RESOLUTION NO. 11-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT 16592 AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION FOR THE WORK
L16. Approval to accept Improvements, retain the Faithful Performance Bond in lieu of a
Maintenance Bond, and file a Notice of Completion for improvements for Tract 16262,
located 427 feet north of the centerline of Hillside Road, submitted by TOLL CA IV, L.P.
RESOLUTION NO. 11-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT 16262 AND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION FOR THE WORK
MOTION: Moved by Alexander, seconded by Williams, to approve the staff recommendations in the
staff reports. Motion carried 4-1, with Mayor Michael being absent.
M. CONSENT ORDINANCES
Redevelopment Agency, Fire Protection District, City Council Minutes
April 6, 2011 -Page 7 of 11
The following Ordinances have had public 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 Agency Member, Board Member, or Council
Member.
M1.
ORDINANCE NO. 838 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING REQUIREMENTS FOR
MANDATORY PAYMENT FOR RESIDENTIAL, COMMERCIAL AND
INDUSTRIAL REFUSE COLLECTION SERVICES, INCLUDING
EXCEPTIONS, AND AMENDING TITLE 8 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE
In response to Council Member Williams, Linda Ceballos, Environmental Programs Manager,
addressed the concerns raised under Public Communications. Ms. Ceballos noted that the City would
not be serving as a collection agency and would not be accepting any money. This Ordinance
provides for a lien to be placed on a property if trash payments are not made. Currently, trash service
is stopped when accounts become delinquent, and Ms. Ceballos noted that this creates a health and
safety issue as trash is still being produced and often is illegally discarded.
Council Member Alexander recognized that the speaker had experienced problems with Burrtec and
inquired on who the community can contact in the City with concerns about Burrtec. Ms. Ceballos
indicated that residents can contact her.
Council Member Buquet noted that trash service must be provided and people need to pay for this
service. Failure to do so creates a health and safety issue in the community.
MOTION: Moved by Buquet, seconded by Williams, to adopt Ordinance No. 838. Motion carried 4-1,
with Mayor Michael being absent.
M2. CONSIDERATION OF SECOND READING OF AN ORDINANCE ADOPTING
ORDINANCE NO. 839 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING REGULATIONS
PROHIBITING MOBILE BILLBOARD ADVERTISING DISPLAYS, AND
AMENDING TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL
CODE
MOTION: Moved by Williams, seconded by Buquet, to adopt Ordinance No. 839. Motion carried 4-1
with Mayor Michael being absent.
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.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 6, 2011 -Page 8 of 11
N1. MUNICIPAL CODE AMENDMENT DRC2010-00141 -CITY OF RANCHO CUCAMONGA -
Consideration of a proposed amendment to Chapter 5.12 (Regulation of Entertainment) of
Title 5 (Business Taxes, Licenses and Regulations) and Chapters 17.10 (CommerciallOffice
Districts), 17.30 (Industrial Districts) and 17.32 (Foothill Boulevard Districts) of Title 17
(Development Code) of the Rancho Cucamonga Municipal Code regarding
entertainment. This action is exempt from environmental review pursuant to Section
15061(b)(3) of the State CEQA Guidelines.
ORDINANCE NO. 840 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL CODE
AMENDMENT DRC2010-00141, A REQUEST TO AMEND CHAPTERS
5.12, 17.10, 17.30 AND 17.32 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE REGULATING ENTERTAINMENT, AND MAKING
FINDINGS IN SUPPORT THEREOF
Jennifer Nakamura, Associate Planner, presented the staff report.
Mayor Pro Tem Spagnolo opened the public hearing.
John Lyons inquired if karaoke would be subject to the Entertainment Permit. In response, Ms.
Nakamura noted that this activity was subject to the permit. Mr. Lyons disagreed and also expressed
concerns with the requirement to reapply for the permit if the entertainment stopped for 180 days. He
noted that an emergency or disaster could affect the business necessitating its closure. It would be
too onerous to require the business to reapply in these economic conditions.
Ed Dietl concurred with the previous speaker and requested clarification on the 180 day provision. In
response, James Troyer, Planning Director, noted that if the business closed or if entertainment were
not provided for 180 days, the business owner would need to reapply for the permit.
Mayor Pro Tem Spagnolo closed the public hearing.
James Markman, City Attorney, noted that the provision for karaoke requires the presence of an
employee who coordinates the activity. Jack Lam, City Manager, stated that the Ordinance addresses
the emergency closure of businesses.
In response to Council Member Buquet, Mr. Troyer indicated that there are currently 18 businesses
with entertainment permits. Once the ordinance is approved, Mr. Troyer was not aware of any other
businesses needing permits but noted that existing businesses providing karaoke without a permit
would need to apply for one.
Council Member Buquet supported the ordinance but noted the need for flexibility, as it is not
uncommon for a business to sit vacant for 180 days and regulations could change drastically in that
amount of time. In response to Council Member Alexander, he noted that the Planning Department
has heard from the businesses that currently have this permit; however, there may be other
businesses out there that are not aware of the regulations. Council Member Buquet noted that the
existing businesses are most likely relieved that the provisions have been relaxed and that same of
the previous issues have been addressed.
Mayor Pro Tem Spagnolo indicated that karaoke was not added to the list of activities needing an
entertainment permit.
In response to the City Council, Mr. Lam indicated that this ordinance provides for the separation of
the entertainment permit and the conditional use permit process as well as provides for a transfer of a
permit. These changes will tremendously benefit the business community and save money. He noted
that the Council could request other changes if they desired.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 6, 2011 -Page 9 of 11
Michelle Alonzo, President of the Rancho Cucamonga Chamber of Commerce, inquired if the City
Council could reconsider the 180 day provision. In response, Mr. Markman noted the need to renew
the permit annually and indicated that 180 days is quite a long time. The ordinance relaxes the
regulations substantially. In response to Mrs. Alonzo, discussion was held regarding whether or not to
re-open the public hearing.
Mayor Pro Tem Spagnolo re-opened the public hearing.
Michael McCarthy, co-owner of Omaha Jacks, indicated that the definition of entertainment should be
refined. He suggested that the different types of entertainment should be combined into one permit
and business owner be allowed to pick and choose the types of entertainment. Mr. McCarthy also
suggested that the owner, rather than the City, decide on the appropriate amount of security.
Mayor Pro Tem Spagnolo closed the public hearing.
Council Member Buquet recognized the improvements in the regulations and supported the
ordinance. In response to the suggestion that entertainment should be defined further, he noted that
the ordinance adequately addresses the types of activities that Mr. McCarthy was highlighting.
Council Member Buquet suggested that the City continue to monitor this permit to see how it affects
the business community. Regarding the regulations to reapply if the permit is inactive for 180 days,
Council Member Buquet suspected that this was an arbitrary number and was comfortable with the
annual renewal provision.
Mayor Pro Tem Spagnolo pointed out that this ordinance was a result of various concerns that have
been raised and indicated that it will provide a more relaxed process for businesses.
MOTION: Moved by Williams, seconded by Buquet, to take up Ordinance No. 840 for first reading
and set second reading for April 20, 2011. Motion carried 4-1, with Mayor Michael being absent.
O. CITY MANAGER'S STAFF REPORTS
The following items have no legal publication or posting requirements.
01. OVERVIEW OF THE VALUE OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY
(PowerPoint Presentation)
Linda Daniels, Deputy City Manager, presented the staff report.
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 Council
Member.)
P2. LEGISLATIVE AND REGIONAL UPDATES (Oral)
Council Member Buquet announced that Assembly Member Morrell would be hosting a business
forum tomorrow from 2:00 p.m. to 5:00 p.m. in the Council Chambers.
Council Member Williams reported that several of the City Council traveled to Sacramento last week.
The State is unable to balance its budget and choices are very limited. She encouraged the audience
to contact their representatives.
Redevelopment Agency, Fire Protection District, City Council Minutes
April 6, 2011 -Page 10 of 11
Mayor Pro Tem Spagnolo provided a legislative update. Regarding California's budget crisis, he
stated that Governor Brown has called off negotiations and is now planning to speak directly to the
voters. Some cuts have been approved and will become effective on July 1, 2011; however, the plan
to put a measure on the June ballot has not materialized and the vote to eliminate redevelopment did
not pass by one vote. He thanked our. local representatives for their hard work during these
discussions.
Mayor Pro Tem Spagnolo also addressed the Federal budget and the possibility that the government
will shut down on Friday. He encouraged the audience and those watching this Council meeting to
contact their State and Federal representatives.
Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified.
R. ADJOURNMENT
Mayor Pro Tem Spagnolo adjourned the meeting at 9:14 p.m. in the memory of William Bell.
R spectfully submitted,
De ra L. McKay, MMC
Assi tant City Clerk/Records Manager
Approved: April 20, 2011
Redevelopment Agency, Fire Protection District, City Council Minutes
April 6, 2011 -Page 11 of 11