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HomeMy WebLinkAbout2023/03/15 - Minutes March 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, March 15, 2023, in the Tapia Conference Room at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Pro Tern Kennedy called the meeting to order at 5:0.0 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, and Mayor Pro Tern Lynne Kennedy. Absent: 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 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) D3. 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) D4. 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) March 15, 2023 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 1 of 8 D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF BASE LINE ROAD AND ARCHIBALD AVENUE IDENTIFIED AS PARCEL NUMBER 0208-031-17-0000; 54; 55; 56; AND 57 COMMONLY KNOWN AS ADDRESS 7386 ARCHIBALD AVENUE; AGENCY NEGOTIATING PARTY: JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, PROPERTY OWNER; OTHER NEGOTIATING PARTIES: PROSPECTIVE PURCHASERS; UNDER NEGOTIATION: PRICE. (CITY) D6. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2)OF SUBDIVISION (D)OF GOVERNMENT CODE SECTION 54956.9: 1 CASE.THE CITY HAS RECEIVED A LETTER FROM THE DEVELOPER OF A PROPOSED MIXED USE PROJECT LOCATED WITHIN THE VICTORIA GARDENS MASTER PLAN AREA (DRC2022-00275) THREATENING LITIGATION AS A RESULT OF PROPOSED CONDITIONS FOR THE PROJECT. THE LETTER IS AVAILABLE FOR INSPECTION IN THE CITY CLERK'S OFFICE. (CITY) E. RECESS The closed session meeting recessed at 6:49 p.m. 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 March 15, 2023, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Pro Tern Kennedy called the meeting to order at 7:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, and Mayor Pro Tern Lynne Kennedy. Absent: 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 Stickler led the Pledge of Allegiance. A. AMENDMENTS TO THE AGENDA City Manager Gillison announced an amendment to Consent Calendar item D24, Consideration of Resolution Authorizing Application to, and Participation in, the State Prohousing Designation Program. He informed that the Resolution presented was amended to include an exhibit adding a Resolution with additional provisions that allow the City to apply for grant funding associated with the State Prohousing Designation Program. Copies of the amended Resolution were provided to the City Council and were available for the public to review on the City's website. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Certificate of Recognition to the Auto Club Speedway for their Lasting and Positive Impacts in our Region and the Motorsports Industry. Mayor Pro Tern Kennedy and Members of the City Council presented a Certificate of Recognition to Dave Allen, President of the Auto Club Speedway, for their Lasting and Positive Impacts in the region and the Motorsports Industry. President of the Auto Club Speedway Allen informed that although they held their last race on the two- mile track, the Auto Club Speedway is excited for the new Y2 mile track and improvements to come in the future. March 15, 2023 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 2 of 8 C. PUBLIC COMMUNICATIONS Janet Walton, offered a prayer. Bob White, spoke regarding a road easement on a property located at 10010 Almond St. Mr. White noted he had submitted a letter to the City Council regarding the ongoing home improvement projects at the property and nuisances that the improvement projects have caused. He requested assistance from the City to address the ongoing issues with the project. Randy Cornstock, also spoke about ongoing home improvement projects on a property located at 10010 Almond St. Mr. Cornstock expressed his concern about the start time for the construction at the site and the large construction equipment being used, causing disturbance to the residential neighborhood. He requested assistance from the City to address the ongoing issue. Frank Atry, provided comments and shared his views on religion. D. CONSENT CALENDAR Council Member Scott announced that she would 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 Regular Meetings of February 15, 2023. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of$3,757,439.96 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of$9,957,112.19 Dated February 06, 2023, Through March 05, 2023. (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 $103,126.00 Dated February 06, 2023, Through March 05, 2023. (CITY/FIRE) D4. Consideration to Receive and File Current Investment Schedules as of February 28, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5. Consideration to Adopt the 2023 Legislative Platform. (CITY) D6. Consideration of the Housing Element Annual Progress Report for 2022. (CITY) D7. Consideration of a Contract with Bon Air, Inc. for the Civic Center HVAC Plant Replacement Project in the amount of$1,926,000.00. (CITY) D8. Consideration of a Five (5) Year Professional Service Agreement with Pyro Spectacular Inc. for the Fourth of July Firework Show. (CITY) D9. Consideration to Approve the Use of Omnia Partners Cooperative Agreement with Graybar Electric Company, Inc. for the Procurement of Electrical, Lighting, Data Communications and Security Products and Related Products, Services and Solutions for the Remainder of Fiscal Year 2022/23 and Authorize the Use of Future Renewals as Awarded by City of Kansas City, Missouri, to be Funded by Various Account Numbers, in Accordance with the Adopted Budget. (CITY/FIRE) D10. Consideration to Schedule a Public Hearing for Placement of Liens for Delinquent Solid Waste Accounts. (CITY) D11. Consideration of the 2022 Annual Review of the Development Agreement by and between SC Rancho Development Corp., a California Corporation and Empire Lakes Holding Company, LLC, a Delaware Limited Liability Company and the City of Rancho Cucamonga, Case No. DRC2015-00118. (CITY) March 15, 2023 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 8 D12. Consideration of an Improvement Agreement Extension for Case No. SUBTT20148, Located on the West Side of East Avenue and North of Foothill Boulevard, Submitted by SC Westbury Limited Partnership. (CITY) D13. Consideration of an Improvement Agreement Extension for Case No. DRC2019-00381, Located at the Northeast Corner of Foothill Blvd.and Red Hill Country Club Drive at 8166 Foothill Blvd.,Submitted by 8166 Foothill Blvd., LLC. This Project is exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15303 — New Construction or Conversion of Small Structures. (CITY) D14. Consideration to Approve an Amendment to a Special Services Agreement between the City of Rancho Cucamonga and Liebert Cassidy Whitmore, a Professional Law Corporation. (CITY) D15. Consideration of an Approval of Amendment No. 03 to the Agreement with International Line Builders, Inc. (CO #19-086) in the Amount of $163,130 plus a 10% Contingency, Consideration of an Amendment to Aufbau Corporation for In-Field Construction Management for a not-to-exceed amount of$120,000, and an Appropriation in the Amount of$356,000 from the Citywide Park Development Fund for the Central Park Dog Park Project. (CITY) D16. Consideration of Project Specific Maintenance Agreements with the California Department of Transportation for the San Sevaine Trail Project and Authorization for the City Engineer to Execute Revisions to Exhibit A of the Agreements. (CITY) D17. Consideration of an Improvement Agreement, Improvement Securities for Street Improvements, and Resolutions Ordering the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance Districts Nos. 1 and 6 Related to Case No. DRC2021-00320, Located at the Northeast Corner of Arrow Route and Rochester Avenue, 11770 Arrow Route.This Project has been Determined by the Planning Commission to be Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15332 — In-fill Development Projects. (RESOLUTION NO. 2023-016) (RESOLUTION NO. 2023-017) (RESOLUTION NO. 2023-018) (CITY) D18. Consideration to of an Improvement Agreement, Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No. 1, and into Street Light Maintenance District No. 1 and No. 2, Located on the Southeast Corner of Foothill Boulevard and Etiwanda Avenue at 12939 Foothill Boulevard, Related to Case No. DRC2020-00440. (RESOLUTION NO. 2023-019), (RESOLUTION NO. 2023-020), AND (RESOLUTION NO. 2023-021) (CITY) D19. Consideration of a Resolution to Release the Real Property Lien on Tract 20334 Placed by Resolution No. 2015-141 Related to Drainage Reimbursement Agreement 43, Located on the East Side of East Avenue South of Banyan Street and the Authorization of a Release of Deposit in the Amount of $31,349 from the City Trust Fund (Fund 882). (RESOLUTION NO. 2023-022)(CITY) D20. Consideration to of the Final Map for Tract No. 20337, an Improvement Agreement, Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No. 7, and into Street Light Maintenance District No. 1 and No. 7, Located on the South Side of Banyan Street and West of Etiwanda Avenue at 12765 Banyan Street, Related to Case No's. SUBTT20337 and DRC2021-00018. (RESOLUTION NO. 2023-023), (RESOLUTION NO. 2023-024), AND (RESOLUTION NO. 2023-025) (CITY) D21. Consideration to Approve and Adopt Resolution Certifying the Results of an Election and Adding Annexation No. 2023-1 to Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga. (RESOLUTION NO. 2023-026) (CITY) D22. Consideration to Approve and Adopt Resolutions Certifying the Results of Elections and Adding Annexation No. 2023-1 and Annexation 2023-2 to Community Facilities District No. 2022-01 (Street Lighting Services)of the City of Rancho Cucamonga. (RESOLUTION NO. 2023-027)(RESOLUTION NO. 2023-028) (CITY) March 15, 2023 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 8 D23. Public Convenience or Necessity DRC2022-00385- Metro Supermarket- A Request for a Public Convenience or Necessity (PCN) Determination for Alcoholic Beverage Sales for Off- Site Consumption (Type-20 off-sale beer and wine)for a Grocery Store (Metro Supermarket) Located in the Center 2 (CE2) Zone at 8160 Day Creek Boulevard — APN: 0229-021-73. This Project is Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption — Existing Facilities). (RESOLUTION NO. 2023-029)(CITY) D24. Consideration of Resolution Authorizing Application to, and Participation in, the State Prohousing Designation Program. (RESOLUTION NO. 2023-030, RESOLUTION NO. 2023-030A) (CITY) MOTION: Moved by Council Member Hutchison, seconded by Council Member Stickler, to approve Consent Calendar Items D1 through D24, with an amendment to Consent Calendar item D24 and Council Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Motion carried 4-0-1. Absent: Mayor Michael. E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION E1. Consideration of the Second Reading and Adoption of the Following: 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 ACT MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to waive full reading and adopt Ordinance No. 1016 by title only. Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1016. VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to waive full reading and adopt Ordinance No. 1016 by title only. Motion carried 4-0-1.Absent: Mayor Michael. F. ADMINISTRATIVE HEARING ITEM(S) None. G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT G1. Public Hearing to Consider and Conduct First Reading of Ordinance No. 1017 to be Read by Title Only and Waive Further Reading, Amending Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to Make Various Technical Text Amendments. The City has Prepared an Addendum to the General Plan EIR(SCH No. 2021050261)for the Project. (ORDINANCE NO. 1017)(CITY) City Manager Gillison introduced Sean McPherson, Senior Planner, and David Eoff, Senior Planner, who gave a staff report along with a PowerPoint presentation. Mayor Pro Tern Kennedy opened the Public Hearing. Kailee Roberts, Healthy RC Youth Leader, spoke about the impacts of youth vaping and expressed support for the proposed update on the Buffer Zone Policy included in the Development Code update. Shiraz Madar, Healthy RC Youth Leader, spoke about the inequities regarding tobacco sales in the City and supported the proposed Development Code update. Council Member Scott thanked staff and Healthy RC Youth Leaders for their dedication and efforts with the General Plan. March 15, 2023 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 5 of 8 Mayor Pro Tern Kennedy closed the Public Hearing. MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to Introduce the First Reading of Ordinance No. 1017 by title only, and waive further reading. Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1017 by title only. ORDINANCE NO. 1017 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING MUNICIPAL CODE AMENDMENT DRC2023-00050 TO AMEND ARTICLES III, IV, V, VIII AND IX OF TITLE 17 OF THE MUNICIPAL CODE, A SUPPLEMENTAL UPDATE TO THE DEVELOPMENT CODE, AND ADOPTING AN ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT (SCH NO. 2021050261) FOR THE GENERAL PLAN UPDATE AND CLIMATE ACTION PLAN,AND MAKING FINDINGS IN SUPPORT THEREOF VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to Introduce the First Reading of Ordinance No. 1017, by title only and waive further readings. Motion carried 4-0-1.Absent: Mayor Michael. G2. Public Hearing to Consider Establishing User Fees and Adopt a Resolution Approving Such New Service and User Fees for the Library Services Department. (RESOLUTION NO. 2023-031) (CITY) City Manager Gillison introduced Wess Garcia, Acting Library Director, and Margaret Mullen, Head of Museum Operations,who gave a staff report along with a PowerPoint presentation. Mayor Pro Tern Kennedy opened the Public Hearing. There were no public communications. Mayor Pro Tern Kennedy closed the Public Hearing. Council Member Scott asked if the Second Story and Beyond® Museum entrance fees would include resident and non-resident rates. Head of Museum Operations Mullen informed that there is only one rate. MOTION: Moved by Council Member Scott,seconded by Council Member Stickler,to adopt Resolution No.2023- 031, establishing user fees associated with the development of new services for Second Story and Beyond& Motion carried 4-0-1. Absent: Mayor Michael. H. CITY MANAGERS STAFF REPORT(S) H1. Consideration to Receive and File the Second Quarter Financial Update for the Fiscal Year 2022/23 and Approve Various Appropriations and Related Actions. (CITY/FIRE) City Manager Gillison introduced Noah Daniels, Finance Director,who gave a staff report along with a PowerPoint presentation. MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to receive and file the second quarter financial update for the Fiscal Year 2022/23 and approve various appropriations and related actions as noted in the staff report. Motion carried 4-0-1.Absent: Mayor Michael. H2. Consideration to Receive and File the General Plan Annual Progress Report for 2022. (CITY) City Manager Gillison introduced Matt Marquez, Director of Planning and Economic Development, and Jennifer Nakamura, Deputy Director of Planning,who gave a staff report along with a PowerPoint presentation. Mayor Pro Tern Kennedy thanked staff for their work and effort on the General Plan Annual Progress Report for 2022. March 15, 2023 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 6 of 8 MOTION: Moved by Council Member Hutchison, seconded by Council Member Stickler, to receive and file the 2022 General Plan Annual Progress Report, authorize the City Manager to make any necessary non-substantive changes to the report, and direct staff to forward it to the Governor's Office of Planning and Research(OPR)and California Department of Housing and Community Development (HCD). Motion carried 4-0-1. Absent: Mayor Michael. I. COUNCIL BUSINESS 11. Consideration to Approve the City Council's Mission, Vision, Values, and 2023 Goals. (CITY) City Manager Gillison introduced Elisa Cox, Assistant City Manager, who gave a staff report along with a PowerPoint presentation. Council Member Hutchison and Mayor Pro Tern Kennedy thanked staff for bringing the City Council together to discuss its Mission, Vision, Values, and 2023 Goals. MOTION: Moved by Council Member Scott, seconded by Council Member Stickler, to approve the City Council's Mission, Vision, Values, and 2023 Goals. Motion carried 4-0-1.Absent: Mayor Michael. 12. COUNCIL ANNOUNCEMENTS Council Member Scott thanked the Rancho Cucamonga Fire and Police Departments for providing mutual aid to surrounding agencies during the recent snow blizzard affecting the mountain communities and reminded the community of the importance of having emergency preparedness kits. 13. INTER-AGENCY UPDATES None. J. CITY ATTORNEY ITEMS City Attorney Ghirelli noted that the City Council previously met in Closed Session and only completed part of the agenda and will be convening in Closed Session. He noted that no reportable action was taken on items discussed earlier. K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING None. RECESS TO CLOSED SESSION Mayor Pro Tern Kennedy recessed the Regular Meetings to Closed Session in the DeAnza Room at City Hall to conduct the items as listed on the agenda at 8:26 p.m. CLOSED SESSION Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, and Mayor Pro Tern Lynne Kennedy. Absent: 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. 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 March 15, 2023 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 7 of 8 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 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) D3. 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) D4. 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) D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF BASE LINE ROAD AND ARCHIBALD AVENUE IDENTIFIED AS PARCEL NUMBER 0208-031-17-0000; 54; 55; 56; AND 57 COMMONLY KNOWN AS ADDRESS 7386 ARCHIBALD AVENUE; AGENCY .NEGOTIATING PARTY: JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, PROPERTY OWNER; OTHER NEGOTIATING PARTIES: PROSPECTIVE PURCHASERS; UNDER NEGOTIATION: PRICE. (CITY) D6. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2)OF SUBDIVISION (D)OF GOVERNMENT CODE SECTION 54956.9: 1 CASE.THE CITY HAS RECEIVED A LETTER FROM THE DEVELOPER OF A PROPOSED MIXED USE PROJECT LOCATED WITHIN THE VICTORIA GARDENS MASTER PLAN AREA (DRC2022-00275) THREATENING LITIGATION AS A RESULT OF PROPOSED CONDITIONS FOR THE PROJECT. THE LETTER IS AVAILABLE FOR INSPECTION IN THE CITY CLERK'S OFFICE. (CITY) City Council recessed to the Regular Meeting. L. ADJOURNMENT Mayor Pro Tern Kennedy adjourned the regular meetings at 9:19 p.m. Approved: April 5, 2023 "ipndak n, MMrvices Director March 15, 2023 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 8 of 8