April 6, 2011 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL CLOSED SESSION MINUTES

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1 April 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 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Vice Chairman/Vice President/Mayor Pro Tem Sam Spagnolo. Present were Agency Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams and Vice Chairman/Vice President/Mayor Pro Tem Sam Spagnolo. Chairman/President/Mayor 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 Chairman/Vice President/Mayor Pro Tem Sam Spagnolo announced the closed session items: D1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 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 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF BASE LINE ROAD AND DAY CREEK BOULEVARD, ASSESSOR PARCEL NUMBERS: , , AND 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 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF HELLMAN AVENUE AND EIGHTH STREET, ASSESSOR PARCEL NUMBER 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. Closed session began at 5:00 p.m. D. CONDUCT OF CLOSED SESSION April 6, 2011 Page 1 of 11

2 No announcements were made. E. CITY MANAGER ANNOUNCEMENTS 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 Civic Center Drive, Rancho Cucamonga, California. Vice Chairman/Vice President/Mayor Pro Tem Sam Spagnolo called the meeting to order at 7:06 p.m. Present were Agency Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams and Vice Chairman/Vice President/Mayor Pro Tem Sam Spagnolo. Chairman/President/Mayor 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 McNay, Records Manager/Assistant City Clerk and Shirr l 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 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 I1. 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. April 6, 2011 Page 2 of 11

3 I2. 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. I3. 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. I4.John Lyons appreciated last year s Gala and encouraged the audience to attend. Regarding the presentation on Donate Life Month, he commented on Angel Flight, 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. I5. 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. I6. 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. I7. 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. I8. 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. I9. 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, J3. Approval of confirmation of the payment of a Special Legal Assessment in the amount of $7, 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. April 6, 2011 Page 3 of 11

4 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 Project, to be funded from Account No / RESOLUTION NO. RA A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, 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 Shop CNG Modification and authorize the City Clerk to advertise the Notice Inviting Bids to be funded from Accounts / (Capital Reserve) and / (2004 Tax Allocation Bonds). RESOLUTION NO. RA 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 Project, accept the bids received and award and authorize the execution of a contract in the amount of $603, ($549,000 plus a 10% contingency of $54,900) to the apparent low responsive, responsible bidder, Ace Electric, Inc. (RA of San Diego, California, for the Epicenter and Adult Sports Complex Lighting Replacement Project to be funded from (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, K3. Adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 85 1, Annexation No and ordering the annexation of such property to Community Facilities District No (Taco Bell APN: ). RESOLUTION NO. FD 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 NO.11 1 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO April 6, 2011 Page 4 of 11

5 K4. Adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 88 1, Annexation No and ordering the annexation of such property to Community Facilities District No (Michael & Christina Shelton, Owners APN: ). RESOLUTION NO. FD 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 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO 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, 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 / (Capital Reserve) and / (2004 Tax Allocation Bonds). RESOLUTION NO 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 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, for 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, to the apparent low bidder, Macadee Electrical Construction (CO ) of Chino, California, and authorize the expenditure of a 10% contingency in the amount of $9, for the Illuminated Street Name Sign Replacement Phase 2, to be funded from Account Number (Gas Tax). April 6, 2011 Page 5 of 11

6 L8. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $16, to the apparent low bidder, JM Justus Fence Company (CO ) of Temecula, California and authorize the expenditure of a 10% contingency in the amount of $1,600.00, for the Ridgecrest Fencing Project, to be funded from AD 91 2 Redemption Day Canyon funds, Account Number and appropriate $17,637 (contract award of $16,037 plus 10% contingency in the amount of $1,600) to Account Number 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 ) for the Intersection of Etiwanda Avenue and San Bernardino Road/4th Street. RESOLUTION NO 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 for the design of Wilson Avenue East and Wardman Bullock Road and to appropriate $99, from Account No / 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 CUCAMONGA, CALIFORNIA, APPROVING FINAL MAP FOR TRACT RESOLUTION NO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 R (TERRA VISTA PLANNED COMMUNITY) FOR TRACT RESOLUTION NO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR TRACT RESOLUTION NO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY) FOR TRACT April 6, 2011 Page 6 of 11

7 L12. Approval of a request for an amendment to Contract No with the County of San Bernardino for the purpose of Traffic Signal Maintenance at the Intersection of Etiwanda Avenue and Napa Street. RESOLUTION NO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR AN AMENDMENT TO CONTRACT NO 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 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 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 CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 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 CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 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 April 6, 2011 Page 7 of 11

8 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. CONSIDERATION OF SECOND READING OF AN ORDINANCE ESTABLISHING MANDATORY PAYMENT FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL REFUSE COLLECTION SERVICES, INCLUDING EXCEPTIONS, AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE 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 Motion carried 4 1, with Mayor Michael being absent. M2. CONSIDERATION OF SECOND READING OF AN ORDINANCE ADOPTING REGULATIONS PROHIBITING MOBILE BILLBOARD ADVERTISING DISPLAYS, AND AMENDING TITLE 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE 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 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. April 6, 2011 Page 8 of 11

9 N1. MUNICIPAL CODE AMENDMENT DRC 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 (Commercial/Office Districts), (Industrial Districts) and (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 DRC , A REQUEST TO AMEND CHAPTERS 5.12, 17.10, AND 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 some 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. April 6, 2011 Page 9 of 11

10 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, 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. O1. 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. April 6, 2011 Page 10 of 11

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. No items were identified. Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING R. ADJOURNMENT Mayor Pro Tem Spagnolo adjourned the meeting at 9:14 p.m. in the memory of William Bell. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: April 20, 2011 April 6, 2011 Page 11 of 11