May 18, 2011 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES

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1 May 18, 2011 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, May 18, 2011, in the Tapia Room of the Civic Center located at Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor L. Dennis Michael. Present were Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice Chairman/Vice President/Mayor Pro Tem Sam Spagnolo and Chairman/President/Mayor L. Dennis Michael. Also present were: Jack Lam, City Manager; John Gillison, Assistant City Manager; Kevin McArdle, Community Services Director and James Markman, City Attorney. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Mayor L. Dennis Michael announced the closed session items: D1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION FOR PROPERTY GENERALLY LOCATED AT 8408 ROCHESTER AVENUE; NEGOTIATING PARTIES: KEVIN MCARDLE, COMMUNITY SERVICES DIRECTOR, CITY OF RANCHO CUCAMONGA AND BOBBY BRETT FROM RANCHO BASEBALL LLC REGARDING POTENTIAL LEASE EXTENSION CITY C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session item. Closed session began at 5:00 p.m. D. CONDUCT OF CLOSED SESSION No announcements were made. E. CITY MANAGER ANNOUNCEMENTS F. RECESS The closed session recessed at 6:00 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER 7:00 P.M. May 18, 2011 Page 1 of 13

2 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 Civic Center Drive, Rancho Cucamonga, California. Chairman/President/Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Agency Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice Chairman/Vice President/Mayor Pro Tem Sam Spagnolo and Chairman/President/Mayor L. Dennis Michael. Also present were: Jack Lam, City Manager; James Markman, City Attorney; John Gillison, Assistant City Manager; Linda Daniels, Deputy City Manager; Trang Huynh, Building and Safety Services Director; Kevin McArdle, Community Services Director; James Troyer, Planning Director; Bill Wittkopf, Public Works Director; Robert Karatsu, Library Director; Police Chief Joe Cusimano; Fire Chief Mike Bell; Debra McNay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a Certificate of Recognition to Four Points by Sheraton Hotel for their support as an official partner of the Lewis Family Playhouse at the Victoria Gardens Cultural Center. Mayor Michael presented a certificate of recognition to Scott Gladney, General Manager and Erin Kitchen, Director of Sales and Marketing of the Four Points by Sheraton Hotel for their support of the Lewis Family Playhouse. H2. Presentation of Proclamation recognizing May, 2011 as National Historic Preservation Month Mayor Michael presented a proclamation to Robert Karatsu, Library Director and James Troyer, Planning Director, declaring May, 2011 as National Historic Preservation Month. H3. Presentation of Certificates of Recognition to University of California Cooperative Extension Master Gardener Program San Bernardino County, Home Depot, and Kaiser Permanente Community Benefit Program for their support of the GROW (Gardening Reaps Overall Wellness) container gardening program. Mayor Michael presented a certificates of recognition to Home Depot, Shelley Krupp, Program Coordinator for the University of California Cooperative Extension, the County Master Gardener volunteers and Kaiser Permanente in Fontana for their support of the GROW program. H4. Presentation of a Proclamation recognizing May, 2011 as Water Awareness Month Mayor Michael presented a proclamation to Kathleen Tiegs, President of the Cucamonga Valley Water District, declaring May, 2011 as Water Awareness Month. I. PUBLIC COMMUNICATIONS I1. Doctor Kevin Parkes from San Antonio Medical Center noted that it was National Emergency Services Week and spoke about San Antonio s attack program and specialty stroke center. He appreciated the great partnership with the Fire Department. I2. Rick Clark indicated that he survived a massive heart attack due to the outstanding response of the officers, paramedics and firefighters who responded to the scene. May 18, 2011 Page 2 of 13

3 I3. Jack Childs spoke to the City Council regarding the offensive cooking odors that are coming from the 99 Ranch Market at 9975 Base Line Road. He indicated that the Air Quality Management District (AQMD) is aware of the concerns and are holding a hearing next week and requested assistance is closing the facility. I4. Ed Dietl invited the Council and the audience to the Local History Night on May 20, 2011 at Victoria Gardens. He presented photographs of historical structures, including the Foothill gas station and stressed the need to preserve these structures. Mr. Dietl also announced an event by the California Historic Route 66 Association at the Magic Lamp Inn on July 30, I5. Patti Davies also expressed concerns with the cooking odors that are coming from the 99 Ranch Market. She stressed the need to work together to address these concerns. In response, Trang Huynh, Building and Safety Services Director indicated that he would be contacting the AQMD tomorrow and would be in contact with the residents regarding this matter. I6. Michael Wirtz noted that the odors at the 99 Ranch Market may negatively affect his two young children and asked the City Council to resolve this concern. I7. Terry Masl spoke to the City Council regarding the need for campaign contribution limits in light of last week s indictments related to the Colonies settlement. Currently, the City does not have contribution limits. Mr. Masl noted that Mayor Kurth had received over $190,000 from developers and Council Member Gutierrez had received over $174,000. The acceptance of donations, while not illegal, creates the impression that the City is for sale and fosters uncertainty that Council actions are in the best interest of the community. Mr. Masl also suggested that Council districts be established and requested a special meeting to discuss this matter further. I8. Ann Beattie spoke about the 99 Ranch Market and requested Council s support in stopping its activities. I9. Erick Jimenez supported the establishment of campaign contribution limits. He recognized the challenges in reaching voters in the City and commended the City Council for their work. However, there is corruption in the County which needs to be addressed. I10. Janet Walton prayed for the City Council and the audience. I11. John Lyons noted that when he ran for public office four years ago, he had used his own money for campaign expenses. He expressed a concern with limiting campaign contributions as this would limit him as well. He showed photographs of the Run for the Wall event, which left Victoria Gardens this morning and suggested that the meeting be adjourned in the honor of the armed forces. I12. Kamran Benji noted that he is the developer for the property at Foothill Boulevard and East Street (listed on the agenda as Item N3). Mr. Benji indicated the City s requirement that they make a good faith effort to acquire the adjacent property. Several attempts have been made to do so, with no success. Mr. Benji noted that this appeal was placed by the adjacent property owner in an attempt to blackmail him. He distributed information to the City Council. I13. Dee Matreyck spoke in support of Item N2 (Community Gardens) and updated the City Council on the Root 66 (Route 66) community garden project. I14. Bill Hanlon spoke about the Run for the Wall event and encouraged the City Council Members to attend these activities. I15. Iris Leong from 99 Ranch stated that they have been working with the AQMD to address the odor concern. She noted that the cooking has stopped but the complaints are still happening. 99 Ranch has been in business for over 35 years and this is the first time odor has been a concern. Ms. Leong indicated that 99 Ranch will do whatever it can to resolve the issue but indicating that shutting down the business would result in laying off employees. May 18, 2011 Page 3 of 13

4 I16. Robert Hufnagel expressed a concern with the library at Victoria Gardens being named after Paul Biane. He noted that it was the politician s job to ensure that the City received the appropriate County resources. Mr. Biane did not do anything special to deserve this designation. Mr. Hufnagel suggested that City facilities be named after people who have done extraordinary things, such as Army Specialist Ronnie Pallares. 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: May 4, 2011 J2. Approval of Check Register dated April 27, 2011 through May 10, 2011 for the total amount of $930, J3. Approve to receive and file current Investment Schedule as of April 30, J4. Approval to release the Maintenance Guarantee Bond No M, in the amount of $51,332.50, for the Civic Center Parking Structure Waterproofing, Contract No. RA J5. Approval to authorize the increase to Professional Services Agreement in the amount of $516, to AECOM to provide design changes required by Caltrans for the Base Line Road/I 15 Freeway Interchange Project and to appropriate $516, to Account No / from Fund Tax Allocation Bond Fund Balance. J6. Approval and execution of an Exclusive Negotiating Agreement (ENA) (CO RA ) between the Rancho Cucamonga Redevelopment Agency and LDC Cougar, LLC and Church Haven Company, LLC, two subsidiaries of Lewis Operating Corporation for property generally located on the northwest corner of Base Line Road and Day Creek Boulevard. 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 K1. Approval of Minutes: May 4, 2011 (Regular Meeting) K2. Approval of Check Register dated April 27, 2011 through May 10, 2011 for the total amount of $564, K3. Approval to receive and file current Investment Schedule as of April 30, K4. Approval to appropriate funds in the amount of $50,000 from Fire District Reserve Funds into Account No for contract services for weed abatement contractors retained by the Fire District to mitigate non compliant parcels (Weed and Fire Hazard Abatement Appropriation). May 18, 2011 Page 4 of 13

5 K5. Approval of a Resolution adopting a Memorandum of Understanding between the Rancho Cucamonga Fire Protection District and the Fire Support Services Employee Group for the period RESOLUTION NO. FD A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE FIRE SUPPORT SERVICES EMPLOYEE GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD K6. Approval of a Resolution adopting a Memorandum of Understanding between the Rancho Cucamonga Fire Protection District and Rancho Cucamonga Firefighters Local 2274 for the period RESOLUTION NO. FD A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD MOTION: Moved by Buquet, seconded by Alexander, to approve the staff recommendations in the staff reports. Motion carried 5 0. L. CONSENT CALENDAR CITY COUNCIL L1. Approval of Minutes: April 27, 2011 (Special Meeting) Animal Care and Services May 4, 2011 (Regular Meeting) L2. Approval of Check Register dated April 27, 2011 through May 10, 2011 and payroll ending May 10, 2011 for the total amount of $4,974, L3. Approval to receive and file current Investment Schedule as of April 30, L4. Approval to receive Community Services Update Report. L5. Approval of an Agreement for the Inland Valley Daily Bulletin All Star Game at the Rancho Cucamonga Epicenter Stadium on June 7, 2011 (practice game) and June 8, 2011 (game date). L6. Approval to authorize the advertising of the "Notice Inviting Bids" for the Victoria Gardens Cultural Center Celebration Hall Flooring Project to be funded from Account No May 18, 2011 Page 5 of 13

6 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE VICTORIA GARDENS CULTURAL CENTER CELEBRATION HALL FLOORING PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L7. Approval to award for the replacement of play equipment from Landscape Structures, Inc. for the Victoria Groves Park Tot Lot and the Ellena Park Tot Lot, utilizing HGAC Contract No.PR11 10; and authorize the expenditure of $169, plus a 2% contingency to be funded from Account / and $196, plus a 2% contingency to be funded from Account / and authorize the appropriation of $22, from Account / to Account / and the appropriation of $50, from Account / to Account / L8. Approval to release the Maintenance Guarantee Bond No , in the amount of $16,152.60, for the Traffic Signal at 19 th Street and Jasper Street Improvements, Contract No L9. Authorize the award of a sole source contract to Ryan Snyder Associates of Los Angeles, California, (CO ) to develop and implement Safe Routes to School Programs at five (5) Schools in the amount of $7, and authorize a 10% contingency in the amount of $ funded from Account No (Safe Routes to School Program), contingent upon approval by Caltrans. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE AWARD OF A SINGLE SOURCE CONTRACT TO RYAN SNYDER ASSOCIATES OF LOS ANGELES, CALIFORNIA, TO PROVIDE SAFE ROUTES TO SCHOOL WORKSHOPS AT FIVE (5) SCHOOLS IN THE AMOUNT OF $7, AND AUTHORIZE A 10% CONTINGENCY IN THE AMOUNT OF $ FUNDED, CONTINGENT UPON APPROVAL BY CALTRANS L10. Approval of a Resolution approving a Memorandum of Understanding between the City of Rancho Cucamonga and the San Bernardino Public Employees Association, representing maintenance employees, for the period RESOLUTION NO 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 SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR MOTION: Moved by Alexander, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5 0. M. CONSENT ORDINANCES May 18, 2011 Page 6 of 13

7 The following Ordinances have had public comment 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. CONSIDERATION OF AN ORDINANCE ADOPTING REGULATIONS TO PROHIBIT THE REMOVAL OF SHOPPING CARTS FROM RETAIL ESTABLISHMENT PREMISES AND REQUIRING RETRIEVAL STANDARDS, AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ORDINANCE NO. 841 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REGULATING THE REMOVAL OF SHOPPING CARTS FROM RETAIL ESTABLISHMENT PREMISES, AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Council Member Alexander noted that he had abstained from voting on this item at the last meeting due to concerns with the elderly using the shopping carts to transport food to their homes. He has since then met with the Building and Safety Services Director and has been assured that these concerns are being reviewed and accommodated. He indicated that he supported the Ordinance. The Assistant City Clerk/Records Manager read the Title of Ordinance No MOTION: Moved by Williams, seconded by Spagnolo, to approve Ordinance No. 841 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. DEVELOPMENT CODE AMENDMENT DRC CITY OF RANCHO CUCAMONGA A proposed amendment to the Development Code, amending Sections (Administration), (Permits), (Commercial/Office Districts), and (Foothill Boulevard Districts) to add a definition for Farmers Markets, to amend the Commercial/Office District and Foothill Boulevard Districts Use Regulations tables, and define the permitting requirements for Farmers Markets. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15061(b)(3) and 15304(e). Related Files: DRC and DRC VICTORIA GARDENS MASTER PLAN AMENDMENT DRC CITY OF RANCHO CUCAMONGA A proposed amendment to the Victoria Gardens Master Plan, amending Section 4.3 regarding the requirements for Farmers Markets. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Sections 15061(b)(3) and 15304(e). Related Files: DRC and DRC TERRA VISTA COMMUNITY PLAN AMENDMENT DRC CITY OF RANCHO CUCAMONGA A proposed amendment to the Terra Vista Community Plan, amending Chapter V (Community Development Standards) regarding the requirements for Farmers Markets. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Sections 15061(b)(3) and 15304(e). Related Files: DRC and DRC May 18, 2011 Page 7 of 13

8 ORDINANCE NO. 843 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC , A REQUEST TO AMEND SECTIONS (ADMINISTRATION), (PERMITS), (COMMERCIAL/OFFICE DISTRICTS), AND (FOOTHILL BOULEVARD DISTRICTS) TO REGULATE CERTIFIED FARMERS MARKETS, AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 844 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA GARDENS MASTER PLAN AMENDMENT DRC MODIFYING THE MASTER PLAN SECTION 4.3 REGARDING THE REQUIREMENTS FOR CERTIFIED FARMERS MARKETS, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I 15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST; AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 845 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC MODIFYING THE COMMUNITY PLAN CHAPTER V (COMMUNITY DEVELOPMENT STANDARDS) REGARDING THE REQUIREMENTS FOR CERTIFIED FARMERS MARKETS, GENERALLY BOUNDED BY BASE LINE ROAD TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, ROCHESTER AVENUE TO THE EAST, AND HAVEN AVENUE TO THE WEST; AND MAKING FINDINGS IN SUPPORT THEREOF Candyce Burnett, Senior Planner presented the staff report. In response to Council Member Buquet, Ms. Burnett indicated that farmers markets are regulated by the California Agricultural Code. Council Member Williams inquired about individual certification, and she indicated that the Market Manager would be required to have the certification. Council Member Alexander inquired about legal exposure. In response, James Markman, City Attorney noted that the Ordinance did not create a liability but indicated that contractual agreements formed to administer the program would address liability. Discussion was held regarding private property owners selling products that they have grown. Ms. Burnett indicated that the Ordinance does not address this as this activity would not be considered a farmers market. Mayor Michael opened the public hearing. Roldan Aguilar spoke in support of the Ordinances. Irene Chisholm was supportive of farmers markets and community gardens. Barbara Milanez indicated that she was a Master Gardener and stated that they support farmers markets and community gardens. There is a need for fresh vegetables and fruits for the community. May 18, 2011 Page 8 of 13

9 John Lyons suggested that the farmers market at to Four Points by Sheraton Hotel be grandfathered in. Also, farmers sometimes allow Boy Scout groups and other youth groups to pick up excess fruit. He suggested that provisions be made to allow these groups to sell the fruit at a farmers market. People who grow something on their property should be allowed to sell what they grow at a farmers market. Victoria Jones a member of the Healthy RC Steering Committee, spoke in support of community gardens. Mayor Michael closed the public hearing. The Assistant City Clerk/Records Manager read the Title of Ordinance Nos. 843, 844 and 845. MOTION: Moved by Alexander, seconded by Williams, to adopt Ordinance Nos. 843, 844 and 845 for first reading and set second reading for June 1, Motion carried 5 0. N2. DEVELOPMENT CODE AMENDMENT DRC CITY OF RANCHO CUCAMONGA A proposed amendment to the Development Code, amending Sections (Administration), and (Residential Districts), to add a definition and standards for Community Gardens. Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15061(b)(3). This action will be forwarded to the City Council for final action and the date of the Public Hearing before City Council will be separately noticed. ORDINANCE NO. 846 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC , A REQUEST TO AMEND SECTIONS (ADMINISTRATION) AND SECTIONS (RESIDENTIAL DISTRICTS), TO REGULATE COMMUNITY GARDENS; AND MAKING FINDINGS IN SUPPORT THEREOF Candyce Burnett, Senior Planner presented the staff report. In response to Council Member Buquet, Ms. Burnett indicated that a blanket waiver would be allowed for any Conditional Use Permits requested to establish a community garden within a residential district. Mayor Michael opened the public hearing. Cynthia Roberson indicated that she was a Master Gardener and stated that she supports community gardens. Mayor Michael closed the public hearing. The Assistant City Clerk/Records Manager read the Title of Ordinance No MOTION: Moved by Spagnolo, seconded by Williams, to adopt Ordinance No. 846 for first reading and set second reading for June 1, Motion carried 5 0. May 18, 2011 Page 9 of 13

10 N3. CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC FOOTHILL & EAST LLC KAMRAN BENJI A Request to construct a 61,800 square foot multi tenant commercial center on 6.99 acres of land in the Community Commercial District (Subarea 4) of the Foothill Specific Plan (Foothill Boulevard Districts) approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue APN: and 07. Related Files: Preliminary Review DRC , Pre Application DRC , Conditional Use Permit DRC , Uniform Sign Program DRC , Tree Removal Permit DRC and Development Code Amendment DRC Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC FOOTHILL & EAST LLC KAMRAN BENJI A request to construct a 61,800 square foot multi tenant commercial center with a drive thru (Pad A) on 6.99 acres of land in the Community Commercial District (Subarea 4) of the Foothill Specific Plan (Foothill Boulevard Districts) approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue APN: and 07. Related Files: Preliminary Review DRC , Pre Application DRC , Development Review DRC , Uniform Sign Program DRC , Tree Removal Permit DRC and Development Code Amendment DRC Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONSIDERATION OF APPEAL OF UNIFORM SIGN PROGRAM DRC FOOTHILL & EAST, LLC KAMRAN BENJI A request to establish a uniform sign program for a proposed shopping center within the Foothill Boulevard (Subarea 4) Community Commercial District approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue. Related Files: Preliminary Review DRC , Pre Application DRC , Development Review DRC , Conditional Use Permit DRC , Tree Removal Permit DRC , and Development Code Amendment DRC CONSIDERATION OF APPEAL OF TREE REMOVAL PERMIT DRC FOOTHILL & EAST LLC KAMRAN BENJI A request to remove 123 trees for the development of a 61,800 square foot commercial retail center approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue in the Community Commercial District of the Foothill Specific Plan (Foothill Boulevard Districts) Subarea 4 APN: and 07. Related Files: Preliminary Review DRC , Pre Application DRC , Development Review DRC , Conditional Use Permit DRC , Uniform Sign Program DRC , and Development Code Amendment DRC ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC FOOTHILL & EAST, LLC KAMRAN BENJI A request to amend the text in Development Code Section D 6 c, to allow for the removal and replacement of the grove of trees and the removal of the 20 foot wide greenway connection near the northwest corner of the site for future connection to the community trail system and Garcia Park on 6.99 acres of land in the Community Commercial District (Subarea 4) of the Foothill Specific Plan (Foothill Boulevard Districts) approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue APN: and 07. Related files: Preliminary Review DRC , Pre Application DRC , Development Review DRC , Conditional Use Permit DRC , Uniform Sign Program DRC , and Tree Removal Permit DRC Staff has prepared a mitigated negative declaration of environmental impacts for consideration. James Markman, City Attorney, addressed the proposed retail shopping center and noted that the City had encouraged the two property owners to merge together so that there was a unified center. As the Council had heard under Public Communications, this hasn t happened and the proposed shopping center has been processed, approved by the Planning Commission and appealed by the May 18, 2011 Page 10 of 13

11 adjacent owner. A letter has been submitted which identified discrepancies with the environmental processes. As these items can easily be corrected, Mr. Markman recommended that the discrepancies be repaired and that the project be reprocessed by the Planning Commission. MOTION: Moved by Williams, seconded by Spagnolo, to refer Item N3 back to the Planning Commission for their consideration. Motion carried 5 0. O. CITY MANAGER'S STAFF REPORTS FIRE PROTECTION DISTRICT The following items have no legal publication or posting requirements. O1. CONSIDERATION OF INTRODUCTION AND WAIVER OF FIRST READING OF AN ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO ORDINANCE NO. FD 51 (first reading) AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 85 1, AUTHORIZING THE LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES DISTRICT Mike Bell, Fire Chief, presented the staff report. The Assistant City Clerk/Records Manager read the Title of Ordinance No. FD 51. MOTION: Moved by Spagnolo, seconded by Buquet, to adopt Ordinance No. FD 51 for first reading and set second reading for June 1, Motion carried 5 0. P. CITY MANAGER'S STAFF REPORTS CITY COUNCIL The following items have no legal publication or posting requirements. P1. PRESENTATION BY THE INLAND EMPIRE RESOURCE CONSERVATION DISTRICT: Present and Future Partnerships The City of Rancho Cucamonga and the Inland Empire Resource Conservation District (PowerPoint presentation) Mandy Parks, District Manager of the Inland Empire Resource Conservation District, provided a PowerPoint presentation on possible future partnerships with the City of Rancho Cucamonga. Q. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. Q1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) May 18, 2011 Page 11 of 13

12 Mayor Pro Tem Spagnolo reported that he recently attended the International Footprint Association s annual Blue Ribbon breakfast and showed a photograph of Deputy Jeremy Dean, who was selected as Officer of the Year. Q2. COUNCIL REVIEW OF THE CITY S CURRENT POLICIES REGARDING THE NAMING OF CITY FACILITIES AND MATTERS RELATED THERETO Kevin McArdle, Community Services Director, presented the staff report. In response to Mayor Pro Tem Spagnolo, Mr. McArdle indicated that staff has been researching the naming policies used by other cities and 23 policies have been identified so far. Mr. McArdle confirmed to Mayor Michael that the park policy and the sponsorship policy were not superseded by earlier policies. Mayor Michael inquired about Central Park and inquired if the Brulte Senior Center was named using the park policy. Mr. McArdle indicated that this was the case. Council Member Alexander did not believe that elected officials using public funds should receive name recognition on City facilities. He noted that taxpayer dollars are being used to further political careers. Council Member Buquet inquired if the policies provided for the removal of the name if a person was convicted of a crime. In response, Mr. McArdle confirmed that the private donors had signed agreements which provided for this contingency. For public officials, this agreement was not used as the funding was acquired though other documents in accordance with the policy statements. James Markman, City Attorney, indicated that the City Council can change a facility name at any time unless there is a contractual agreement. There are agreements with the private donors which indicate that the name can be removed if the person is convicted. Jack Lam, City Manager, addressed the policy statements, which provide ample documentation for the removal of names of public officials in the event that there is an action which is contrary to the City s healthy values or which would impede the collection of other sponsorships. Mayor Pro Tem Spagnolo supported the review of the policies and strengthening the language; however, he did not support prohibiting the acceptance of funding from public officials. He noted that there was sufficient flexibility to remove a name in the event that it is necessary. Council Member Williams concurred, noting that naming City facilities after public officials who provide support to the facility this is a very common practice. She supported reviewing the policies and strengthening the language. Council Member Buquet recognized that the City was in an uncomfortable situation. It is important to approve policies in a responsible way and to avoid knee jerk reactions. Council Member Alexander noted the need to stop naming City facilities after political processes. This policy would not restrict private donations in any way. Mayor Michael concurred with the need to review and tighten up the policies. Perhaps the two policies can be combined. He noted that the City had received a $10 Million park grant for Central Park. These are tough competitive times and every penny counts. Mayor Michael indicated that the Council had the flexibility to remove a name if someone disgraces themselves. He recognized the suggestion to change the policy to recognize people after they have passed away but noted that this also limited the Council. He did not want to tie the Council s hands if a large donation was offered. He suggested that the Community Services staff work with the City Attorney on tightening the language and bringing the documents back for the Council s consideration. May 18, 2011 Page 12 of 13

13 No items were identified. R. IDENTIFICATION OF ITEMS FOR NEXT MEETING S. ADJOURNMENT Mayor Michael adjourned the meeting at 9:41 p.m. in memory and honor of the Armed forces. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: June 1, , 2010 May 18, 2011 Page 13 of 13