HomeMy WebLinkAbout2011/11/02 - MinutesNovember 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/PresidenUMayor L. Dennis Michael.
Present were Agency MemberslBoard Members/Council Members: Bill Alexander, Diane Williams,
Vice Chairman/Vice PresidenUMayor Pro Tem Sam Spagnolo and Chairman/PresidenUMayor L.
Dennis Michael.
Also present were: John Gillison, City Manager; Bill Wittkopf, Public Works Services Director; Debra
McKay, Records Manager/Assistant City Clerk and Shirr'I 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(6)-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 MemberslBoard Members/Council
Members: Bill Alexander, Chuck Buquet, Diane Williams, Vice ChairA/ice PresidenUMayor Pro Tem
Sam Spagnolo and Chairman/PresidenUMayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Jim Markman, Ciry Attorney and Linda Daniels,
Assistant City Manager.
Redevelopment Agency, Fire Protection District, City Council
and Special Public Financing Authority Minutes
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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 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/PresidenUPresidenUMayor 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 ChairmanNice PresidentNice PresidenUMayor Pro Tem Sam
Spagnolo and Chairman/PresidenUPresidenUMayor 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 McKay, Records Manager/Assistant City Clerk and
Shirr'I 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 Eveht 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.
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I. PUBLIC COMMUNICATIONS
11. Alana Rivadeneyra, Energy Efficiency Coordinator, announced the Green Business Recognition
Program.
12. 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 wncerns and, making adjustments
to the Ordinance.
13. Gary Ablavd, Commuriity Services-Coordinator, invited the City Council and the audience to the
Founder's Day Festival on September 12, 2011 at Victoria Gardens.
14. Dr: D.P.. Gatten addressed Item N2 (Permit Process for Designated Parades and Assemblies),
noted that all elected offidals 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, "Quartzsile, Arizona:
Blueprint:For A Police State Takeover".
15. 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.
16. 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.
17. 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.
18. Jeune Ensley; Inland Valley.Patriot Organizer for Rancho Cucamonga, provided Information on
the differences between assemblies and parades. She addressed ltem N2 (Permit Process for
Designated Parades and Assemblies) and slated that Ordinance No. 851 is still unconstitutional as it
limits the right to assemble. Ordinance No. 849 should be repealed.
19. 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 oT Section 8.44.030A (i) of Ordinance No. 851.
110. Jody Gmeiner, Pomona Valley Habitat for Humanity, addressed item L6 (Sale of 9140
Candlewood Street property) and thanked the City Council far the partnership opportunity.
111. Dan Titus made a PowerPoint presentation regarding Item N2 (Permit Process for Designated
Parades and Assemblies). He indicated that there are still erors in Ordinance No. 851.
112. Janet Walton presented information on the history of Thanksgiving and offered a prayer for the
City Council.
113. Jim Moffatt noted the mandatory refuse collection in the City and the comments made that the
collection service would net 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 Burtec should have excused
themselves from voting on this matter.
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and Special Public Financing Authority Minutes
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114. Nicole Myerchin announced the Jane Penny Link Program for Homebound Seniors and
encouraged donations.
115. 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.
116. 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.
117. 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.
118. 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
staff reports. Motion carried 5-0.
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).
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and Special Public Financing Authority Minutes
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RESOLUTION NO. FD 11-040
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. a~eni i innni nin rn „ no,
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 R~eni i mnni non rn „_mo
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
staff reports. Motion carried 5-0.
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.,
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and Special Public Financing Authority Minutes
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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 4T" 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 Accouht 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
staff reports. Motion carried 5-0.
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
staff reports. Motion carried 5-0.
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and Special Public Financing Authority Minutes
November 2, 2011 -Page 6 of 9
N. CITY MANAGERS 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 Trdyer, Planning Director, presented a status report on the progress to the Development Code
update.
In response to Council Member Buquet, Mr. Troyerdiscussed 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
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.
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and Special Public Financing Authority Minutes
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 Ne. 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
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and Special Public Financing Authority Minutes
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
staff reports. Motion carried 5-0.
O. COUNCIL BUSINESS
01. 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.
02. LEGISLATIVE AND REGIONAL UPDATES (Oral
Mayor Pro Tem Spagnolo provided an update on the Governor's pension plan and the CRA and
League lawsuit.
P. IDENTIFICATION OF ITEMS FOR NEXT MEETING
No items were identified.
Q. ADJOURNMENT
Mayor Michael adjourned the meeting at 10:00 p.m. in honor of Sergeant Carlo F. Eugenio.
Respec°tLf/u l ly~''/s^u bmitted,
De ra L. McKay
Assi ant City Clerk/Records Manager
Approved: November 16, 2011
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and Special Public Financing Authority Minutes
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