HomeMy WebLinkAbout2023/02/15 - Minutes February 15,2023
CITY OF RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY,
PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES
The City Council of the City of Rancho Cucamonga held a closed session on Wednesday, February 15, 2023, in
the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga,California. Mayor
Michael called the meeting to order at 5:00 p.m.
Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tem Lynne Kennedy
and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Elisa Cox, Assistant City Manager; Nicholas Ghirelli, City
Attorney; Matt Burris, Deputy City Manager/Economic and Community Development and Julie Sowles, Deputy
City Manager/Civic and Cultural Services.
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No public communications were made.
C. CITY MANAGER ANNOUNCEMENTS
None.
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OF
HUMAN RESOURCES; ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR, AND NOAH
DANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING
LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND
FIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE)
D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 1089593010000 COMMONLY
KNOWN AS ADDRESS 7150 ETIWANDA, RANCHO CUCAMONGA, CA 91730; NEGOTIATING
PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY
DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JIM BANKS
REPRESENTING ETIWANDA HISTORIC SOCIETY, REGARDING PRICE AND TERMS. (CITY)
D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA,
CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS. JOHN
GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA;
NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICE AND TERMS OF
PAYMENT. (CITY)
D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED ADJACENT TO 8810 ETIWANDA AVENUE, FURTHER
IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-131-27,
NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF
RANCHO CUCAMONGA, AND ATCHISON TOPEKA & SANTA FE RR CO., OWNER; REGARDING
INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY
NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY)
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D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY IDENTIFIED AS A PORTION OF 8TH STREET LYING ON THE
NORTHWEST CORNER OF THE INTERSECTION OF ARCHIBALD AVENUE AND 8TH STREET,
RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES JASON WELDAY, DIRECTOR OF
ENGINEERING SERVICES REPRESENTING THE CITY OF RANCHO CUCAMONGA,AND VICTOR
LOPEZ, DIRECTOR OF TRANSIT AND RAIL REPRESENTING SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY, REGARDING PRICE AND TERMS. (CITY)
D6. CONFERENCE WITH LEGAL COUNSEL — PENDING LITIGATION PURSUANT TO PARAGRAPH
(4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO
CUCAMONGA V. CHAO PING YANG, ET AL., SBSC CASE NO.: CIVSB2201957. (CITY)
D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY AT 8730 KING RANCH ROAD, PORTIONS OF PARCEL NUMBER 0200-
051-48-0000, AND 0200-051-49-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JONATHON KING, PROPERTY
OWNER; REGARDING PRICE AND TERMS. (CITY)
D8. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1)
OF SUBDIVISION (D) OF SECTION 54956.9; IN RE NATIONAL PRESCRIPTION OPIOID
LITIGATION, 1:17-MD-2804, MDL NO. 2804 (FEDERAL DISTRICT COURT N.D. OHIO)(CITY)
D9. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION PURSUANT TO PARAGRAPH
(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.
MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF
RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. (CITY)
D10. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: ANTICIPATED LITIGATION:
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH(2)OF SUBDIVISION(D)
OF GOVERNMENT CODE SECTION 54956.9: (1 CASE). ON JANUARY 24, 2023, THE CITY
ENGINEER DETERMINED THAT TENTATIVE TRACT MAP NO. 16072 EXPIRED WITHOUT
SATISFYING ALL REQUIRED CONDITIONS. THIS TRANSACTIONAL OCCURRENCE MIGHT
RESULT IN LITIGATION AGAINST THE CITY. THE CITY HAS ALSO RECEIVED A LETTER FROM
THE SUBDIVIDER'S ATTORNEY THREATENING LITIGATION AS A RESULT OF THE CITY
ENGINEER'S DETERMINATION. THE LETTER IS AVAILABLE FOR INSPECTION IN THE CITY
CLERK'S OFFICE. (CITY)
D11. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1
CASE, THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A
PIECE OF CITY-OWNED PUBLIC ART. THE CITY HAS RECEIVED A CLAIM PURSUANT TO THE
GOVERNMENT CLAIMS ACT WHICH IS ON FILE IN THE OFFICE OF THE CITY CLERK—CITY
E. RECESS
The closed session recessed at 6:40 p.m.
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REGULAR MEETING - 7:00 p.m.
CALL TO ORDER- COUNCIL CHAMBERS
The Regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor
Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held on February 15,
2023, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California.
Mayor Michael called the meeting to order at 7:00 p.m.
Present were Council Members: Ryan Hutchison, Kristine Scott,Ashley Stickler, Mayor Pro Tem Lynne Kennedy
and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Linda A. Troyan, MMC, City
Clerk Services Director.
Council Member Hutchison led the Pledge of Allegiance.
A. AMENDMENTS TO THE AGENDA
None.
City Manager Gillison requested Consent Calendar item D12 be pulled from the Consent Calendar and be
considered separately due to changes in the exhibits of the agreement.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of a Certificate of Sympathy in Memory of Chef Gamboa of Five Star Catering, for his
Dedicated Service to the Community, and his Ability to Bring People Together through his Hospitality and
Innovative Cuisine.
Mayor Michael and Members of the City Council presented a Certificate of Sympathy in Memory of Chef Gamboa
to his wife Jeanine and his family in attendance. Mayor Michael announced that at the conclusion of the City
Council meeting, there will be a moment of silence and adjournment in memory of Roger Gamboa.
B2. Recognition of Etiwanda High School Football Team for Winning the California Interscholastic Federation
(CIF)Southern Section Championship.
Mayor Michael and Members of the City Council presented Certificates of Recognition to Etiwanda High School
Coaches and Etiwanda High School Football team members for winning the (CIF) Southern Section
Championship.
B3. Proclamation Recognizing the Month of February 2023 as National Black History Month.
Mayor Michael and Members of the City Council recognized the month of February 2023 as National Black History
Month and presented a Proclamation to Phillip Walker from Walker Entertainer Academy.
C. PUBLIC COMMUNICATIONS
Ashley Flores, spoke on youth sports and volleyball leagues in the City; and inquired on when they will be returning
to the community.
Mayor Michael referred Ms. Flores to Community Services Director Jennifer Hunt-Gracia.
Dennis Jones, President of Friends of the Pacific Electrical Trail, spoke on trail access and connections to the Pacific
Electric Trail; the desire to increase connection through paved flood canals and neighboring trails in the north west
section of town; benefits of having an updated map of all trails and access points in the city on the City's website;
and reported that the City of Rialto secured grant funding to extend their section of the PE Trail and restore their
train depot.
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Diane Gunther, Healthy RC, Compassionate Community Subcommittee Member, spoke about her experience
participating in the Point-In-Time Count recently held in the city and requested the city secure funding and consider
long term solutions for homelessness.
Nanette Hart, Healthy RC, Compassionate Community Subcommittee Member, spoke about the Point-In-Time
Count held in the city and shared her experience and she asked the city to secure funding for the homeless
population.
D. CONSENT CALENDAR
Mayor Michael announced item D12 is being pulled from the Consent Calendar for separate consideration as noted
by the City Manager.
Council Member Scott announced that she will need to abstain on item D3, due to a potential conflict of interest as
her employer is Southern California Gas Company.
D1. Consideration of Meeting Minutes for the Regular Meetings of January 18,2023 and February 1, 2023.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of$1,843,406.47
and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California
Gas Company) in the Total Amount of$5,588,143.79 Dated January 23, 2023, Through February 05,
2023,and City and Fire District Electronic Debit Registers for the Month of January in the Total Amount
of$2,025,605.13. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern
California Gas Company in the Total Amount of $97,315.00 Dated January 23, 2023, Through
February 05, 2023. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of January 31, 2023 for the City
of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D5. Consideration to Cancel the Regular Meetings of the Fire Protection District, Successor Agency,
Public Financing Authority, and City Council on March 1, 2023, and January 3, 2024, and Reschedule
the September 20, 2023 Meeting to September 19, 2023. (CITY/FIRE)
D6. Consideration of a Funding Agreement with the San Bernardino County Transportation Authority
(SBCTA)for the Cucamonga Station/Milliken Avenue Traffic Study;Authorization of Amendments and
Scope Changes by the City Manager and City Engineer; and Authorization of Related Appropriations
for Revenue and Expenditures. (CITY)
DT Consideration of a Professional Services Agreement with Empire Economics, Inc., for the
Development of Annual Forecasting of the City's Economic and Housing Conditions, and
Supplemental Analyses on an as Needed Basis, in an Amount not to Exceed $150,000. (CITY)
D8. Consideration to Accept Grant Revenue in the Amount of $28,522 Awarded by the Department of
Homeland Security for the Fiscal Year 2021 Homeland Security Grant Program; and Authorization to
Appropriate $28,522 for Approved Grant Expenses. (CITY/FIRE)
D9. Consideration to Approve the Memorandum of Understanding Between the Scripps Institution of
Oceanography and the Rancho Cucamonga Fire Protection District Relating to Site Access and Use
of the All-Risk Training Center Tower. (FIRE)
D10. Consideration of a Professional Service Agreement with Upbeat Parade Productions for the 2023,
2024, and 2025 Founders Day Community Parade in an Amount Not to Exceed $60,000. (CITY)
D11. Consideration of an Increase to Contract No. 18-121 for KWALL, LLC in the Amount of$77,500 for
Additional Substtes to the City Website for the Lewis Family Playhouse and Randall Lewis Second
Story and Beyond®, and to Authorize an Appropriation in the Amount of$38,750. (CITY)
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D12.
D13. Consideration of Approval of Amendment No. 4 to Contract 19-072 with SMG— Rancho Cucamonga
Premier Food Services LLC and to Extend the Expiration Date of Amendment No. 1 by Five(5)Months
until June 30, 2023. (CITY)
D14. Consideration of Amendment No. 07 to the Agreement with Pacific Utility Installation, Inc.
(CO#19-085) in the Amount of$565,450, Plus a 10% Contingency and Appropriation of Funds in the
Amount of $622,050 from the Municipal Utility Fund (Fund 705) for Multiple RCMU Line Extension
Projects. (CITY)
D15. Consideration to Accept Public Improvements as Complete,File a Notice of Completion,and Authorize
Release of Bonds for the FY2021-22 Major Arterials Pavement Rehabilitation Project. (CITY)
D16. Consideration of an Improvement Agreement and Improvement Securities for Street Improvements,
Order the Annexation to Landscape Maintenance District No. 7 and Street Light Maintenance Districts
Nos. 1 and 2 Related to Case No. DRC2020-00022, Located at 5686 San Marino Way. This item is
exempt from the California Environmental Quality Act(CEQA)and the City's CEQA Guidelines under
CEQA Section 15303 — New Construction or Conversion of Small Structures. (RESOLUTION NO.
2023-009)(RESOLUTION NO. 2023-010)(RESOLUTION NO. 2023-011)(CITY)
D17. Consideration of Parcel Map 20251, Improvement Agreement and Improvement Securities for Street
Improvements, Order the Annexation to Landscape Maintenance District No. 3B and Street Light
Maintenance Districts Nos. 1 and 6 Related to Case No. SUBTPM20251, Located 650 Feet East of
Etiwanda Avenue North of Napa Street at 13160 and 13120 Napa Street. (RESOLUTION NO.
2023-012)(RESOLUTION NO. 2023-013)(RESOLUTION NO. 2023-014)(CITY)
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Stickler, to approve Consent
Calendar Items Dl through D17, with the exception of item D12 (pulled for separate discussion)and with Council
Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Motion
carried 5-0.
D12. Consideration for Approval of Amendment No. 2 to the 2011 Amended and Restated Lease
Agreement 09-253 with Rancho Baseball, L-C. (CITY)
City Manager Gillison noted that no changes were needed in the agreement but that an error exists in Exhibit A&
B of the agreement. Staff will revise the two exhibits, so they properly depict the stadium and parking lot area. City
Manager Gillison stated staffs recommendation is to approve the agreement and staff to revise Exhibit A & B of
the agreement. City Council received a copy of the agreement as additional material.
MOTION: Moved by Council Member Scott, seconded by Council Member Stickler, to approve Consent Calendar
Item D12, with revisions to Exhibit A &B of the agreement. Motion carried 5-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
None.
F. ADMINISTRATIVE HEARING ITEM(S)
Fl. Consideration of Resolution of Necessity of the City Council of Rancho Cucamonga, California,
Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the
Acquisition Thereof in Connection with the Etiwanda Grade Separation Project(Atchison Topeka &
Santa Fe RR Co., Located in City of Rancho Cucamonga, San Bernardino County Tax Assessor's
Parcel Number 0229-131-27). (RESOLUTION NO. 2023-015) (CITY)
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City Manager Gillison introduced Jason Welday, Director of Engineering Services/City Engineer, who provided
the staff report for item F1.
Mayor Michael opened the Administrative Hearing.
There were no public communications.
Mayor Michael closed the Administrative Hearing.
MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tern Kennedy, to approve staffs
recommendation and adopt Resolution No. 2023-015, declaring certain real property interests necessary for
public purposes and authorizing the acquisition thereof in connection with the City's Etiwanda Grade Separation
Project;Authorize the City Attorney's Office to file and prosecute an eminent domain proceeding for the acquisition
of the subject property interests by eminent domain;and authorize the City Manager and his designees to execute
all necessary documents. Motion carried 5-0.
F2. Consideration of First Reading and Introduction of Ordinance No. 1016, to be Read by Title Only
and Waive Further Reading, Repealing Chapter 9.34 of the Rancho Cucamonga Municipal Code to
End the Narcotics and Gang-Related Crime Eviction Program. (ORDINANCE NO. 1016) (CITY)
City Manager Gillison introduced Tabs Van der Zwaag, Associate Planner,who provided the staff report for item
F2.
Mayor Michael opened the Administrative Hearing.
There were no public communications.
Mayor Michael closed the Administrative Hearing.
MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott,to introduce First Reading
of Ordinance No. 1016, by title only and waive further reading.
Linda A. Troyan, MIMIC, City Clerk Services Director, read the title of Ordinance No. 1016.
ORDINANCE NO. 1016
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, REPEALING CHAPTER 9.34 OF
THE RANCHO CUCAMONGA MUNICIPAL CODE TO END THE NARCOTICS AND GANG-RELATED CRIME
EVICTION PROGRAM,AND MAKING A DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACTAN ORDINANCE
VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott,
to Introduce First Reading of Ordinance No. 1016, by title only and waive further readings. Motion carried 5-0.
G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT
None.
H. CITY MANAGERS STAFF REPORT(S)
None,
I. COUNCIL BUSINESS
11. Consideration to Approve the Re-appointments of Two Members to the Public Art Committee. (CITY)
MOTION: Moved by Council Member Scott, seconded by Council Member Stickler, to re-appoint Planning
Commissioner Bryan Dopp and Rancho Cucamonga Community and Arts Foundation Board Member Paula
Pachon to the Public Art Committee. Motion carried 5-0.
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12. COUNCIL ANNOUNCEMENTS
None.
13. INTER-AGENCY UPDATES
None.
J. CITY ATTORNEY ITEMS
City Attorney Ghirelli announced that the City Council will be adjourning back to Closed Session.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
Mayor Michael announced that the next Regular Meeting will be on March 15, 2023 as the March 1, 2023 Regular
Meetings of the City of Rancho Cucamonga City Council, Rancho Cucamonga Fire Protection District, Public
Financing Authority, Housing Successor Agency, and Successor Agency are cancelled.
RECESS TO CLOSED SESSION
Mayor Michael recessed the Regular Meetings to Closed Session in the DeAnza Room at City Hall to conduct the
items as listed on the agenda at 7:51 p.m
CLOSED SESSION
Present were Council Members: Ryan Hutchison, Kristine Scott,Ashley Stickler, Mayor Pro Tem Lynne Kennedy
and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; Elise Cox, Assistant City Manager; Nicholas Ghirelli, City
Attorney; Matt Burris, Deputy City Manager/Economic and Community Development and Julie Bowles, Deputy
City Manager/Civic and Cultural Services.
D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OF
HUMAN RESOURCES; ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR; AND NOAH
DANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING
LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND
FIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE)
D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 1089593010000 COMMONLY
KNOWN AS ADDRESS 7150 ETIWANDA, RANCHO CUCAMONGA, CA 91730, NEGOTIATING
PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY
DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JIM BANKS
REPRESENTING ETIWANDA HISTORIC SOCIETY, REGARDING PRICE AND TERMS. (CITY)
D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA,
CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN
GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA,
NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICE AND TERMS OF
PAYMENT. (CITY)
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D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED ADJACENT TO 8810 ETIWANDA AVENUE, FURTHER
IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-131-27;
NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF
RANCHO CUCAMONGA, AND ATCHISON TOPEKA &SANTA FE RR CO., OWNER; REGARDING
INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY
NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY)
D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY IDENTIFIED AS A PORTION OF 8TH STREET LYING ON THE
NORTHWEST CORNER OF THE INTERSECTION OF ARCHIBALD AVENUE AND 8TH STREET,
RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES JASON WELDAY, DIRECTOR OF
ENGINEERING SERVICES REPRESENTING THE CITY OF RANCHO CUCAMONGA,AND VICTOR
LOPEZ, DIRECTOR OF TRANSIT AND RAIL REPRESENTING SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY, REGARDING PRICE AND TERMS. (CITY)
D6. CONFERENCE WITH LEGAL COUNSEL — PENDING LITIGATION PURSUANT TO PARAGRAPH
(4) OF SUBDIVISION (D) OF SECTION 54956.9, NAME OF CASE. CITY OF RANCHO
CUCAMONGA V. CHAO PING YANG, ET AL., SBSC CASE NO.: CIVSB2201957. (CITY)
D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY AT 8730 KING RANCH ROAD, PORTIONS OF PARCEL NUMBER 0200-
051-48-0000,AND 0200-051-49-0000, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JONATHON KING, PROPERTY
OWNER; REGARDING PRICE AND TERMS. (CITY)
D8. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1)
OF SUBDIVISION (D) OF SECTION 54956.9; IN RE NATIONAL PRESCRIPTION OPIOID
LITIGATION, 1:17-MD-2804, MOIL NO. 2804 (FEDERAL DISTRICT COURT N.D. OHIO) (CITY)
D9. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION PURSUANT TO PARAGRAPH
(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE. HIMNEL USA, INC. d/b/a ST.
MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF
RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. (CITY)
D10. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: ANTICIPATED LITIGATION:
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH(2)OF SUBDIVISION(D)
OF GOVERNMENT CODE SECTION 54956.9: (1 CASE). ON JANUARY 24, 2023, THE CITY
ENGINEER DETERMINED THAT TENTATIVE TRACT MAP NO. 16072 EXPIRED WITHOUT
SATISFYING ALL REQUIRED CONDITIONS. THIS TRANSACTIONAL OCCURRENCE MIGHT
RESULT IN LITIGATION AGAINST THE CITY. THE CITY HAS ALSO RECEIVED A LETTER FROM
THE SUBDIVIDER'S ATTORNEY THREATENING LITIGATION AS A RESULT OF THE CITY
ENGINEER'S DETERMINATION. THE LETTER IS AVAILABLE FOR INSPECTION IN THE CITY
CLERK'S OFFICE. (CITY)
D11. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1
CASE, THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A
PIECE OF CITY-OWNED PUBLIC ART. THE CITY HAS RECEIVED A CLAIM PURSUANT TO THE
GOVERNMENT CLAIMS ACT WHICH IS ON FILE IN THE OFFICE OF THE CITY CLERK—CITY
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City Attorney Ghirelli reported that the City Council approved a Settlement Agreement and Release by unanimous
vote between the City of Rancho Cucamonga and Kathleen King regarding item DI on the Closed Session
agenda. This item was disclosed upon final approval of the settlement agreement by Ms. King.
ADJOURNMENT
Mayor Michael adjourned the regular meetings at 8:40 p.m.
Approved: March 15, 2023
67y
Lind . Tro an, MMC
y CIeArServices Director
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Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 9 of 9