November 2, 2011 RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND CITY COUNCIL CLOSED SESSION MINUTES

November 2, 2011 RANCHO CUCAMONGA REDEVELOPMENT AGENCY 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, November 2, 2011, in the Council Chambers at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Chairman/President/Mayor L. Dennis Michael. Present were Agency Members/Board Members/Council Members: Bill Alexander, Diane Williams, Vice Chairman/Vice President/Mayor Pro Tem Sam Spagnolo and Chairman/President/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Bill Wittkopf, Public Works Services Director; Debra McNay, Records Manager/Assistant City Clerk and Shirr l Griffin, Deputy City Clerk. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) The following closed session items are being considered: D1. 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, IDENTIFIED AS APN 1089 031 35, 1089 031 15 AND 1089 031 16; NEGOTIATING PARTIES: LINDA D. DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA; AND DAVID LINDEN, LEWIS GROUP OF COMPANIES, REGARDING TERMS OF AGREEMENT RDA D2. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(A) BRESLIN V. CITY OF RANCHO CUCAMONGA CASE NO. CIVRS 1008119 City D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION PURSUANT GOVERNMENT CODE SECTION 54956.9(B) ONE POTENTIAL CASE Fire C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No persons were present wishing to speak. D. RECESS The closed session recessed at 5:02 p.m. to the Tapia Room. E. CONDUCT OF CLOSED SESSION TAPIA ROOM Closed session began at 5:45 p.m. Present were Agency Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice Chair/Vice President/Mayor Pro Tem Sam Spagnolo and Chairman/President/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Jim Markman, City Attorney and Linda Daniels, Assistant City Manager. November 2, 2011 Page 1 of 9

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 MEETINGS AND SPECIAL MEETING CALL TO ORDER 7:00 P.M. COUNCIL CHAMBERS The meetings 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. The special meeting of the Public Financing Authority convened. Chairman/President/President/Mayor L. Dennis Michael called the meetings to order at 7:00 p.m. Present were Agency Members/Board Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice Chairman/Vice President/Vice President/Mayor Pro Tem Sam Spagnolo and Chairman/President/President/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Jim Markman, City Attorney; Linda Daniels, Assistant City Manager; Bill Wittkopf, Public Works Services Director; Mark Steuer, Director of Engineering Services; Trang Hung, Building and Safety Services Director; James Troyer, Planning Director; Chris Paxton, Human Resources Director; Fire Chief Mike Bell; Police Chief Mike Newcombe; Janice Reynolds, City Clerk; Debra McNay, Records Manager/Assistant City Clerk and Shirr l Griffin, Deputy City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Presentation of a Proclamation to Antonio ( Nacho ) L. Gracia in recognition of receiving the Lifetime Achievement Award from the Southern California Association of Non Profit Housing (SCANPH) Organization. Mayor Michael presented a proclamation to Antonio L. Garcia in recognition of his receipt of a Lifetime Achievement Award from the Southern California Association of Non Profit Housing Organization. H2. Recognition of Aetna Senior Wii Bowling National Champions "The A Team" from the James L. Brulte Senior Center. Mayor Michael presented certificates of achievement to The A Team for winning the Aetna Senior Wii Bowling Championship. H3. Announcement of the Veteran's Day Tribute Event to be Held at Central Park on Friday, November 11, 2011. Ryan Samples, Supervisor at Central Park/Senior Programs announced the upcoming Veteran s Day event to be held at Central Park on November 11, 2011. November 2, 2011 Page 2 of 9

I. PUBLIC COMMUNICATIONS I1. Alana Rivadeneyra, Energy Efficiency Coordinator, announced the Green Business Recognition Program. I2. Jerie Lee addressed Item N2 (Permit Process for Designated Parades and Assemblies), and indicated that this was discussed at the Republican Central Committee meeting on Friday. She thanked Mayor Michael for attending the meeting, listening to the concerns and making adjustments to the Ordinance. I3. Gary Ablard, Community Services Coordinator, invited the City Council and the audience to the Founder s Day Festival on September 12, 2011 at Victoria Gardens. I4. Dr. D.P. Gatten addressed Item N2 (Permit Process for Designated Parades and Assemblies), noted that all elected officials swear an oath to uphold the Constitution and was opposed to the adoption of this Ordinance. Dr. Gatten read a portion of an article entitled, Quartzsite, Arizona: Blueprint For A Police State Takeover. I5. James Na, Board of Education President, Chino Valley Unified School District, spoke about Item N2 (Permit Process for Designated Parades and Assemblies) and thanked the City Council for maintaining our Constitutional rights while protecting public safety. I6. Andre Jackson invited the City Council and the audience to the Tanjability Wine Tasting Event on November 16, 2011 from 7:00 10:00 p.m. at the Wine Taylor. I7. Mike Rossiter read Article 1 of the Bill of Rights. He spoke in opposition to Item N2 (Permit Process for Designated Parades and Assemblies) and noted that this Ordinance has not changed anything. I8. Jeune Ensley, Inland Valley Patriot Organizer for Rancho Cucamonga, provided information on the differences between assemblies and parades. She addressed Item N2 (Permit Process for Designated Parades and Assemblies) and stated that Ordinance No. 851 is still unconstitutional as it limits the right to assemble. Ordinance No. 849 should be repealed. I9. David Rempel addressed Item N2 (Permit Process for Designated Parades and Assemblies). He indicated that Ordinance No. 851 was better than Ordinance No. 849 but preferred no law at all. He inquired on the status of Ordinance No. 849 if Ordinance No. 851 were approved and suggested that additional public hearings be held to discuss this matter further. Mr. Rempel also inquired on the purpose of Section 8.44.030A (i) of Ordinance No. 851. I10. Jody Gmeiner, Pomona Valley Habitat for Humanity, addressed item L6 (Sale of 9140 Candlewood Street property) and thanked the City Council for the partnership opportunity. I11. Dan Titus made a PowerPoint presentation regarding Item N2 (Permit Process for Designated Parades and Assemblies). He indicated that there are still errors in Ordinance No. 851. I12. Janet Walton presented information on the history of Thanksgiving and offered a prayer for the City Council. I13. Jim Moffatt noted the mandatory refuse collection in the City and the comments made that the collection service would not be discontinued if the bill was not paid. He indicated that there is language in his bill which indicates that the service will be disconnected. Mr. Moffatt stated that the City Council members who had accepted campaign contributions from Burrtec should have excused themselves from voting on this matter. I14. Nicole Myerchin announced the Jane Penny Link Program for Homebound Seniors and encouraged donations. November 2, 2011 Page 3 of 9

I15. Robin Hvidsten spoke in opposition to Item N2 (Permit Process for Designated Parades and Assemblies). She presented information on the 1st Annual nationwide assembly in Support of People Killed by Illegal Aliens to be held on November 6, 2011. I16. Bill Hanlon spoke in opposition to Item N2 (Permit Process for Designated Parades and Assemblies). He noted that the country was founded on freedom, not fear and suggested a voluntary notification program. I17. Joel Valenzuela inquired on the Verizon FiOS program and wondered when it would be offered in the City of Rancho Cucamonga. Regarding Item N2 (Permit Process for Designated Parades and Assemblies), Mr. Valenzuela wondered if it was really needed in the City. I18. John Lyons spoke in support of Item N2 (Permit Process for Designated Parades and Assemblies), noting that advance planning is a good thing to ensure public safety. CONSENT CALENDARS: The following items are expected to be routine and non controversial. They will be acted upon by the Agency/Board/City Council/Authority at one time without discussion. Any item may be removed by an Agency/Board/Council Member/Authority Board member for discussion. J. CONSENT CALENDAR REDEVELOPMENT AGENCY J1. Approval of Minutes: September 21, 2011 (CANCELLED) October 19, 2011 J2. Approval of Check Register dated October 12, 2011 through October 25, 2011, for the total amount of $126,898.20. J3. Approval to release Faithful Performance Bond No. ANC30014, retained in lieu of Maintenance Guarantee Bond in the amount of $134,084.00, for the Removal of the Old Southern Pacific Railroad Bridge west of Baker Avenue Project, Contract No. RA10 011. MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the K. CONSENT CALENDAR FIRE PROTECTION DISTRICT K1. Approval of Minutes: September 21, 2011 (CANCELLED) October 19, 2011 K2. Approval of Check Register dated October 12, 2011 through October 25, 2011 for the total amount of $152,076.23. K3. Approval of adoption of a Resolution declaring results of a Special Election in Community Facilities District No. 88 1, Annexation No. 88 11 3 and ordering the annexation of such property to Community Facilities District No. 88 1 (Timothy A. Wyant, Trustee, Owner APN: 0201 043 22). November 2, 2011 Page 4 of 9

RESOLUTION NO. FD 11 040 RESOLUTION NO. FD 11 020 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 3 AND ORDERING THE ANNEXATION OF SUCH PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 88 1 K4. Approval to adopt an annexation map showing Assessor Parcel Numbers 0227 131 03, 08 & 62 (Lewis Operating Corp.), located on the north side of Base Line Rd. between Etiwanda Ave. and East Ave. which is proposed to be annexed into CFD 85 1. RESOLUTION NO. FD 11 041 RESOLUTION NO. FD 11 021 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, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 11 5) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85 1 K5. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 11 5 (APNs: 0227 131 03, 08 & 62, Lewis Operating Corp.), into Community Facilities District No. 85 1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 11 042 RESOLUTION NO. FD 11 022 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 ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 11 5) TO COMMUNITY FACILITIES DISTRICT NO. 85 1 MOTION: Moved by Buquet, seconded by Spagnolo, to approve the staff recommendations in the L. CONSENT CALENDAR CITY COUNCIL L1. Approval of Minutes: September 21, 2011 (CANCELLED) October 19, 2011 L2. Approval of Check Register dated October 12, 2011 through October 25, 2011 and payroll ending October 25, 2011 for the total amount of $3,668,662.84. L3. Approval to authorize the advertising of the Notice Inviting Bids for the Etiwanda Avenue and 4th Street Sidewalk Improvements, to be funded from Account Nos. 1133303 5650/1717133 0, 1882 2314 and 1139303 5650/1780139 0. November 2, 2011 Page 5 of 9

RESOLUTION NO. 11 172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ETIWANDA AVENUE AND 4 TH STREET SIDEWALK IMPROVEMENTS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L4. Receive Quarterly Budget Update Report. L5. Authorize a single source contract with Vortex Industries, Inc. (CO 11 169) for the emergency purchase and installation of a Tandem Gate System for the Police Department underground parking in the amount of $30,000 to be funded from Account No. 1025001 5602 (Capital Reserve) and appropriate $30,000 from Capital Reserve account fund balance. L6. Approval of the sale of 9140 Candlewood Street acquired under the Neighborhood Stabilization Program (NSP) Acquisition/Rehabilitation and Reuse activity City of Rancho Cucamonga DRC2010 00700T for occupancy by income eligible households in the Low Income (LH25) category consistent with the U.S. Department of Housing and Urban Development NSP guidelines. L7. Approval of Drainage Reimbursements for the General City Master Plan for FY 2010/2011 and appropriation of $47,341.78 to Account No. 1112303 5650/1026112 0. L8. Approval of Drainage Reimbursements for the Etiwanda/San Sevaine Area Master Plan for FY 2010/2011 and appropriation of $65,198.40 to Account No. 116303 5650/1026116 0. L9. Approval of the recommendation from the Park and Recreation Commission regarding the approval of the Annual Street Banner Schedule and Applications for Calendar Year 2012. L10. Approval for the transfer of two (2) vehicles, one (1) 2011 Ford Edge and one (1) 2011 Honda Accord EX to facilitate the vehicles use by the County of San Bernardino for Police Department Services. MOTION: Moved by Williams, seconded by Alexander, to approve the staff recommendations in the M. CONSENT CALENDAR PUBLIC FINANCING AUTHORITY M1. Approval of Minutes: November 7, 2007 M2. Consideration to adopt a Resolution of the Rancho Cucamonga Public Financing Authority (PFA) to amend Resolution No. PFA 90 001, revising the provisions thereof to establish regular meeting dates and regular meeting location for the Board of Directors of the Rancho Cucamonga Public Financing Authority and to prohibit the payment to stipend or other consideration for attendance at any meeting of the Board of Directors.. RESOLUTION NO. PFA 11 001 A RESOLUTION OF THE RANCHO CUCAMONGA PUBLIC FINANCING AUTHORITY TO ESTABLISH REGULAR MEETING DATES AND A REGULAR MEETING LOCATION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA PUBLIC FINANCING AUTHORITY AND TO PROHIBIT THE PAYMENT OF A STIPEND OR OTHER CONSIDERATION FOR ATTENDANCE AT ANY MEETING OF THE BOARD OF DIRECTORS MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the November 2, 2011 Page 6 of 9

N. CITY MANAGER'S STAFF REPORTS CITY COUNCIL The following items have no legal publication or posting requirements. Discussion was held on Item N2 at this time. The action taken on Item N2 is reflected in the minutes in the order that the item is listed on the agenda. N1. DEVELOPMENT CODE UPDATE STATUS REPORT AND REVIEW OF PROPOSED CHANGES James Troyer, Planning Director, presented a status report on the progress to the Development Code update. In response to Council Member Buquet, Mr. Troyer discussed non conforming uses and the proposed regulations. It is proposed that non conforming uses that are vacant for 180 days would need to conform to City regulations. The Planning Director noted to Council Member Williams that structures destroyed by an act of God may be replaced. In response to Mayor Michael, Temporary Use Permits were discussed. Mayor Michael noted the need for flexibility. In response, Mr. Troyer indicated that there would be an optional process if a business exceeds the limitations set by the Development Code. Council Member Buquet noted that the goal is to maintain the City s high standards while inserting in the regulations the flexibility necessary to be part of the solution. Often, the City is perceived as being unfriendly to business and Council Member Buquet wanted to see what can be done to alleviate the strenuous or rigorous processes. He would prefer that staff had the flexibility to solve problems rather than taking everything to the Planning Commission or City Council. Council Member Williams indicated that there are some non conforming uses that she would prefer to replace with another type of use. She agreed that staff should have some discretion. Council Member Alexander agreed with the comments made. He noted that some cities have loosened their regulations to help businesses survive in this difficult economy. N2. CONSIDERATION OF AMENDING ORDINANCE NO. 849 ESTABLISHING A PERMIT PROCESS FOR DESIGNATED PARADES AND ASSEMBLIES WITHIN THE CITY OF RANCHO CUCAMONGA ORDINANCE NO. 851 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 44 TO TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING A PARADES AND ASSEMBLIES ORDINANCE City Attorney Jim Markman provided background information on why Ordinance No. 849 was initially requested by law enforcement to ensure public safety as a result of two assemblies that were held in the City regarding Proposition 8. He addressed the Constitution and the ways in which speech may be limited. It was noted that Ordinance No. 851 if adopted would replace Ordinance No. 849. He also addressed the permit proposed for parades and assemblies which impede traffic or affect public safety. Police Chief Mike Newcombe presented the staff report. November 2, 2011 Page 7 of 9

City Attorney Jim Markman clarified that the Police and Fire Departments would not be requesting reimbursement of their costs. Also, he noted a change in Ordinance No. 851, in Section 8.44.010 as the second line should state, public street or any other public place. In response to Council Member Buquet, Mr. Markman addressed Section 8.44.030A (i), noting that indemnification is normally required by the City whenever a permit is issued. In response to Council Member Alexander, Chief Newcombe confirmed that many of the changes in Ordinance No. 851 came from a meeting with concerned citizens. Council Member Alexander appreciated the work that has been done on this matter and suggested that further discussion be held before any action is taken. He supported public safety and suggested that Ordinance No. 849 be repealed. Council Member Spagnolo noted that this is another tool for the Police Department. If the parade or assembly needs streets closed or barricades, this permit process makes it much smoother and safer. He noted that the first permit was issued last week and was very successful. In response to Mayor Michael, the Police Chief discussed the intent of the Ordinance and compared it to the comments that were made earlier this evening. He indicated that a parade or an assembly could proceed right now on a sidewalk without a permit if it didn't impede the flow or traffic and obeyed the traffic signals. City Manager John Gillison addressed situations which could cause a permit to be denied. Council Member Buquet noted that the purpose of the permit was to provide advance planning for law enforcement in order to ensure public safety. He noted that if the regulations do not produce the desired results it can be brought back. MOTION: Moved by Spagnolo, seconded by Williams, to adopt Ordinance No. 851 for first reading as amended to add, or any other public place in Section 8.44.010 and set second reading for November 16, 2011. Motion carried 4 1, Alexander no. Recess: The meeting recessed at 9:04 p.m. Reconvene: The meeting reconvened at 9:10 p.m. with all members present. N3. RANCHO CUCAMONGA FIRE DISTRICT ANNUAL REPORT (video presentation) Fire Chief Mike Bell presented the Fire District s Annual Report. In response to Council Member Buquet, Chief Bell discussed the increase in the number of medical aid responses and the calls for service. Chief Bell indicated to Council Member Williams that the transition to the new system was a good move and is a work in progress. Chief Bell noted to Mayor Michael that joining the Joint Powers Authority is still an option and would be explored later this year. In response to Council Member Spagnolo, Chief Bell addressed the placement of 911 calls on cellular phones, noting that address verification is needed. N4. APPROVAL TO ENTER INTO AGREEMENT WITH EV CONNECT LLC AND CLIPPERCREEK INC., TO PARTICIPATE IN RECONNECT CALIFORNIA PROGRAM AND UPGRADE ELECTRIC VEHICLE CHARGING STATIONS AT VARIOUS CITY FACILITIES TO BE FUNDED BY THE CALIFORNIA ENERGY COMMISSION. Alana Rivadeneyra, Energy Efficiency Coordinator, presented the staff report. November 2, 2011 Page 8 of 9

In response to Council Member Spagnolo, Ms. Rivadeneyra noted that the charging stations are similar to those used in residences but these will have universal connectors. She indicated to Council Member Buquet that the grant would provide approximately $1,000 for one unit and installation. MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the O. COUNCIL BUSINESS O1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Councilmember.) Mayor Pro Tem Spagnolo announced that the Upland Host Lions Club will be holding free vision screening on December 3, 2011 from 8:00 a.m. to 3:00 p.m. He also announced the Sons of Italy Texas Hold em Tournament on December 19, 2011. Mayor Michael reported on discussion that was held at the San Bernardino Associated Governments meeting today regarding the draft regional transportation plan. Since hybrid vehicles use less fuel and thus are generating less revenue for infrastructure improvements, a vehicle miles traveled tax is being conceptually discussed. Mayor Michael also noted the wonderful Music, Masquerade and Merlot event and hoped that the Gilfry family would be recognized for their contributions. O2. LEGISLATIVE AND REGIONAL UPDATES (Oral) Mayor Pro Tem Spagnolo provided an update on the Governor s pension plan and the CRA and League lawsuit. No items were identified. P. IDENTIFICATION OF ITEMS FOR NEXT MEETING Q. ADJOURNMENT Mayor Michael adjourned the meeting at 10:00 p.m. in honor of Sergeant Carlo F. Eugenio. Respectfully submitted, Approved: November 16, 2011 Debra L. McNay, MMC Assistant City Clerk/Records Manager November 2, 2011 Page 9 of 9