HomeMy WebLinkAbout2023/04/05 - Minutes April 5, 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, April 5, 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 Tern 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 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 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)
D4. CONFERENCE WITH LEGAL COUNSEL — PENDING LITIGATION PURSUANT TO PARAGRAPH
(1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: CITY OF
RANCHO CUCAMONGA V. THM ENTERPRISES, LLC, SBSC CASE NO.: CIVSB2115208. (CITY)
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D5. 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 RESIDENTS OF THE
WEAVER LANE ESTATES DEVELOPMENT (TRACT 20042) THREATENING LITIGATION AS A
RESULT OF ACCESS DESIGN AND INCOMPLETE IMPROVEMENTS WITHIN THE
DEVELOPMENT. THE LETTER IS AVAILABLE FOR INSPECTION IN THE CITY CLERK'S OFFICE.
(CITY)
E. RECESS
The closed session recessed at 6:56 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 April 5, 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 Tern 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.
Mayor Pro Tern Kennedy led the Pledge of Allegiance.
A. AMENDMENTS TO THE AGENDA
None.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of a Certificate of Sympathy in Memory of Etiwanda School Board Member, David W. Long.
Mayor Michael and Members of the City Council presented a Certificate of Sympathy in Memory of Etiwanda
School Board Member, David W. Long to his daughter Desiree Clark and Etiwanda School District Superintendent
Charlayne Sprague 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 David W. Long.
B2. Presentation of a Proclamation to San Bernardino County Children's Network Declaring the Month of April
2023 as Child Abuse Prevention Month.
Mayor Michael and Members of the City Council recognized the month of April 2023 as Child Abuse Prevention
Month and presented a Proclamation to Wendy Alvarez in attendance from San Bernardino County Children's
Network.
B3. Presentation of a Proclamation to Onel-egacy Declaring the Month of April 2023 as Donate Life Month.
Mayor Michael and Members of the City Council recognized the month of April 2023 as Donate Life Month and
presented a Proclamation to.Regina Armstrong, Ambassador from Onel-egacy.
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C. PUBLIC COMMUNICATIONS
Frank Atry, provided comments and shared his views on politics.
Alex Farias, resident from Weaver Lane Community, noted that he submitted a letter to the City regarding Weaver
Lane on March 20, 2023 and asked for the city's support to reconfirm the approved plans for the Weaver Lane
Community in terms of private gated resident access and to hold the developer's bond as they have not completed
the approved plans. He believes residents were defrauded by all parties involved; and noted a revised letter was
sent to the city's law firm supporting their position.
John Machado, Rancho Cucamonga Public Art Committee Member, thanked the City and City Council for their
support with the Arts in Rancho Cucamonga.
D. CONSENT CALENDAR
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 Special Meetings of January 30, 2023, March 15, 2023 and
Regular Meetings of March15, 2023.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of$3,882,462.99
and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California
Gas Company) in the Total Amount of$10,332,866.27 Dated March 06, 2023, Through March 26,
2023, and City and Fire District Electronic Debit Registers for the Month of February in the Total
Amount of$2,489,755.00. (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$2,923.71 Dated March 06, 2023, Through March 26,
2023. (CITY/FIRE)
D4. Consideration to Appropriate Grant and Sponsorship Funds from Inland Empire Health Plan and Dairy
Council of California for Healthy RC Programs and Initiatives. (CITY)
D5. Consideration of Amendment No. 02 to Professional Services Agreement (Contract No. CO18- 122)
with Moffatt& Nichol in the Amount of$608,300 (Including a 10% Contingency)for Additional Design
Services for the Etiwanda Avenue Grade Separation Project, and an Appropriation of$2,300,000 from
the Infrastructure Fund (Fund 198)to Cover this Amendment and Additional Design Services. (CITY)
D6. Consideration of a Contract with Gentry General Engineering, Inc. for Emergency Trail Repairs at
Multiple Trail Locations Due to Rainstorm Damage in the Amount of$105,770. (CITY)
D7. Consideration of a Grant of Easement Between Southern California Edison and the City of Rancho
Cucamonga for the Purposes of Constructing and Maintaining Electric Distribution Facilities Within
City Right-of-Way at the Central Park Dog Park Located at the Northeast Corner of Base Line Road
and Spruce Avenue (APN 1076-591-02). (CITY)
D8. Consideration to Order the Annexation to Landscape Maintenance District 1 and Release of Real
Property Improvement Contract and Lien Agreement, Document No. 92-317285 Related to Case No.
DRC2022-00065, Located on the West Side of Sycamore Court and South of Wilson Avenue, 5770
Sycamore Court, APN: 0201-182-34. This Item is Exempt from the California Environmental Quality
Act (CEQA) as a Class 3 Exemption under CEQA Section 15303— New Construction or Conversion
of Small Structures. (RESOLUTION NO. 2023-032) (RESOLUTION NO. 2023-033) (CITY)
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D9. Consideration of a Resolution Authorizing the City to Enter into Settlement Agreements with CVS,
Allergan, Teva, Walmart, and Walgreens, Agree to the Terms of the Related State- Subdivision
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Agreements, and Authorizing Entry into the Related State-Subdivision Agreements with the Attorney
General. (RESOLUTION NO. 2023-034)(CITY)
D10. Consideration to Order the Annexation to Landscape Maintenance District No. 1 (General City)
Related to Case No. DRC2020-00082, Located at 8120 Orchard Street. This item is Exempt from the
California Environmental Quality Act (CEQA) and the City's CEQA Guidelines under CEQA Section
15301 — Existing Facilities. (RESOLUTION NO. 2023-035)(CITY)
D11. Consideration of a Resolution Supporting Cal Cities in its Opposition to Ballot Measure — "The
Taxpayer Protection and Government Accountability Act"(Initiative AG#21-0042A1).(RESOLUTION
NO. 2023-036) (CITY)
MOTION: Moved by Council Member Hutchison, seconded by Council Member Stickler, to approve Consent
Calendar Items D1 through D11, with Council Member Scott abstaining on item D3, due to her employment with
Southern California Gas Company. Motion carried 5-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
E1. Consideration of Second Reading and Adoption of the Following:
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
MOTION: Moved by Mayor Pro Tern Kennedy and seconded by Council Member Scott, to waive full reading
and adopt Ordinance No. 1017 by title only.
Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1017.
VOTES NOW CAST ON MOTION: Moved by Mayor Pro Tern Kennedy and seconded by Council Member
Scott, to waive full reading and adopt Ordinance No. 1017 by title only. Motion carried, 5-0.
F. ADMINISTRATIVE HEARING ITEM(S)
F1. Summary Of Review Of Results Of Annual Independent Audit Concerning The Fiscal Year 2021/22
Expenditures In Landscape Maintenance Districts #1 General City, #2 Victoria, #4R Terra Vista,
#6R Caryn Community, And #7 North Etiwanda, Street Lighting District #2 Residential, and Park
and Recreation Improvement District#85. (CITY)
City Manager Gillison introduced the item and April McAllister, Community Parks and Landscape Citizens'
Oversight Committee Chair, who provided a verbal report for item F1.
Mayor Michael opened the Administrative Hearing.
There were no public communications.
Mayor Michael closed the Administrative Hearing.
Mayor Michael thanked Community Parks and Landscape Citizens' Oversight Committee Chair McAllaster for
her service to the community.
The report was received and filed. ti.
G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT
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None.
H. CITY MANAGERS STAFF REPORT(S)
H1. Consideration to Approve the Creative Placemaking and Public Art Strategic Plan. (CITY)
City Manager Gillison introduced Katie Bailey, Management Analyst II and Morgan Chavez, Management Aide,
who provided the staff report along with a PowerPoint presentation.
Mayor Michael and Members of the City Council shared their support for the plan and thanked staff and the Public
Art Committee for engaging with the community and developing a comprehensive Public Art Strategic Plan that
aligns with the City's mission statement to continuously ensure and advance the quality of life for the community
through inclusive decision making.
MOTION: Moved by Council Member Scott, seconded by Council Member Stickler, to approve the Creative
Placemaking and Public Art Strategic Plan. Motion carried 5-0.
I. COUNCIL BUSINESS
11. COUNCIL ANNOUNCEMENTS
None.
12. INTER-AGENCY UPDATES
None.
J. CITY ATTORNEY ITEMS
City Attorney Ghirelli noted that there was no reportable action taken during Closed Session held earlier that
evening. He reported all five (5) Council Members were in attendance for Closed Session and Council Member
Stickler recused herself during the discussion of item D5 due to a real property interest within the subject tract. City
Attorney Ghirelli stated he received a letter regarding Weaver Lane Estates as stated by a speaker during public
comment and that he will work with staff on an appropriate response.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
L. ADJOURNMENT
Mayor Michael adjourned the Council Meeting in memory of Etiwanda School Board Member, David W. Long at
7:43 p.m.
Approved: April 19, 2023
Li A royan, MMC
ity erk Services Director
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