HomeMy WebLinkAbout2023/12/06 - MinutesDecember 06, 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, December
06, 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 PM.
Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tern Lynne
Kennedy and Mayor L. Dennis Michael.
Also present were: 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)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. 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)
D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO
CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211,
020914321, AND 020927222 AND CERTAIN ADJACENT RIGHT-OF-WAY INCLUDED
WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY
MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING
PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS
ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION: PRICE AND
TERMS OF PAYMENT. (CITY)
D3. 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)
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D4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO
PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9;
NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER
MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5
INCLUSIVE, SBSC CASE NO. CIVDS 1904713. (CITY)
E. RECESS
The closed session recessed at 6:28 p.m.
REGULAR MEETING — 7:00 PM
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 December 06, 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 PM.
Present were Council Members: Ryan Hutchison, Kristine Scott, Ashley Stickler, Mayor Pro Tern Lynne
Kennedy and Mayor L. Dennis Michael.
Also present were: Elisa Cox, Assistant City Manager; Nicholas Ghirelli, City Attorney; and Linda A.
Troyan, MMC, City Clerk Services Director.
Mayor Michael announced City Manager, John Gillison, is excused from tonight's meeting. Assistant City
Manager, Elisa Cox, will be filling in for him tonight.
Council Member Stickler led the Pledge of Allegiance.
A. AMENDMENTS TO THE AGENDA
City Clerk Services Director Troyan announced Staff updated the Staff Report to item D4 to clarify items
received on December 5th letter. A copy of the updated report was provided to the Council on the dais and was
made available to the public. Also, item D12 on the Consent Calendar was requested to be removed and
returned at a future meeting.
B. ANNOUNCEMENT / PRESENTATIONS
B1. Presentation of a Certificate of Recognition to Ishaan lyer for Being Named a 2023 3M Young
Scientist Challenge Top 10 Finalist.
Mayor Michael and Members of the City Council presented a Certificate of Recognition to Ishaan lyer. Young
Scientist lyer shared information on the cost-effective Braille device he created that encodes the English
alphabet into Braille language and converts it into a tactile Braille cell.
B2. Presentation of Where Income Increased Most Year Over Year — 2023 Study.
Paige Eberle, Management Aide, Planning and Economic Development Department and Brianna Ford,
Community Affairs Technician, City Manager's Office, provided a PowerPoint presentation of Rancho
Cucamonga's ranking in the recent study from Smart Asset.
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C. PUBLIC COMMUNICATIONS
Lance Asbra, offered a prayer.
Laura Espinoza, Armando Moreno and Elijah Gracia, spoke in opposition to a proposed project by Hamilton
Family Brewery at a location identified as 8889 Archibald Avenue, Rancho Cucamonga, CA 91730 —
(DRC2023-00257). The three (3) speakers shared concerns of the proposed project relating to: parking,
traffic, noise level affecting surrounding neighborhood, hours of operation, ongoing special events, food
truck vendors, public safety and impacts to the property value of adjacent homes.
Assistant City Manager Cox referred speakers to Director of Planning and Economic Development, Matt
Marquez, for more information on the proposed project by Hamilton Family Brewery and process for
proposed projects in the City.
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 Regular Meetings of November 15, 2023.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of
$2,382,944.13 and City and Fire District Weekly Check Registers (Excluding Checks Issued
to Southern California Gas Company) in the Total Amount of $11,812,958.97 Dated
November 06, 2023, Through November 26, 2023, and City and Fire District Electronic Debit
Registers for the Month of October in the Total Amount of $1,735,255.46. (CITY/FIRE)
D3. Consideration to Approve Fire District Weekly Check Register for Checks Issued to Southern
California Gas Company in the Total Amount of $88.76 Dated November 06, 2023, Through
November 26, 2023. (FIRE)
D4. Consideration to Receive and File the AB 1600 Development Impact Fee Report for the
Fiscal Year Ended June 30, 2023. (CITY)
D5. Consideration of Appropriation in the Amount of $46,090 from the Citizen Option for Public
Safety (COPS) Program State Fund Balance and Authorization to Purchase 12 Public Safety
Video Network (PSVN) Cameras to Be Added to Or Replace End of Life Cameras at the
Rancho Cucamonga Animal Shelter. (CITY)
D6. Consideration of Amendment No. 003 to the Professional Services Agreement with Civic
Solutions for Contract Planning Services; to extend the contract through June 30, 2024, and
increase the total contract cost by $122,150 to be funded from account 1001314-5300 and
1016301-5300 (Contract Services). (CITY)
D7. Consideration of Amendment No. 8 to the Professional Services Agreement with Fuel
Equipment Services, Inc (DBA Fuel Serv) for Fuel Island Maintenance to Extend the Term of
the Contract through June 30, 2024 in an Amount Not to Exceed $60,000 for FY 2023/2024.
(CITY/FIRE)
D8. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release
of Retention and Bonds for the Fiscal Year 2022/23 Local Overlay Pavement Rehabilitation
Project. (CITY)
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D9. Consideration to Accept Public Improvements Located on the Southeast Corner of Lemon
Avenue and Day Lily Court per Improvement Agreement, Related to Parcel Map 20098, as
Complete, File a Notice of Completion, and Authorize the Release of Bonds. (CITY)
D10. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release
of Retention and Bonds for the Hermosa Avenue Street Widening and Pavement
Rehabilitation Project. (CITY)
D11. Consideration to Accept Public Improvements Located on the East Side of East Avenue and
South of Banyan Street per Improvement Agreement, Related to Tract Map 20334, as
Complete, File a Notice of Completion, and Authorize the Release of Bonds. (CITY)
42-. C `.deem---- to A - the Final Map FGF TFaGt 20120 an IMPFGvement AgF
1 • e Ser.Witles, d ResGlutlens QFde.iRg the Annexatien Onto 1 andseap
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1 d on :h N .+h C_'d f E th'll Q 1 aFd and West F 11A'11'L Avenue at 1129
€Gethall BoulevaW, Related tG Case Nco-s. CI IQTT7017f\ end I1RC2A74_A(\120
(RESOLUTION NO 2023 1118) (RESOLUTION NO D (RESOLUTION ITION NO
2023 120) (CITY\ (REMOVED FROM AGENDA)
D13. Consideration of a Resolution Amending Parking Citation Penalties and Late Payment
Penalties for the City of Rancho Cucamonga. (RESOLUTION NO. 2023-116) (CITY)
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Stickler, to approve the
Consent Calendar Agenda items D1 through D13, with the updated Staff Report for item D4, removal of
item D12 and Council Member/Board Member Scott abstaining on item D3. Motion carried 5-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
None.
F. ADMINISTRATIVE HEARING ITEM(S)
None.
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G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT
G1. Public Hearing for Consideration of First Reading of Ordinance No. 1022, to be Read by Title
Only and Waive Further Reading, Amending Title 17 of The Rancho Cucamonga Municipal
Code Establishing Non -Storefront Medical Cannabis Retail as a Use Permitted With a Minor
Use Permit for Properties Located in Portions of the Neo-Industrial (NI) and Industrial
Employment (IE) Zones, Amending Chapter 8.52 of the Rancho Cucamonga Municipal Code
Exempting Certain Non -Storefront Medical Cannabis Retail from the Prohibition on
Commercial Cannabis Activity; Adding Chapter 5.20 to the Rancho Cucamonga Municipal
Code Establishing Regulatory and Operational Restrictions for Non -Storefront Medical
Cannabis Retailers. This Item is Exempt from the California Environmental Quality Act,
Pursuant to State CEQA Guidelines Sections 15060(C)(2) and 15061(B)(3). (ORDINANCE
NO. 1022) (CITY)
Assistant City Manager Cox introduced Jennifer Nakamura, Deputy Director of Planning, who gave the staff
report along with a PowerPoint presentation for item G1.
Mayor Michael opened the Public Hearing.
There were no public communications.
Mayor Michael closed the Public Hearing.
Discussion ensued on enforcement requirements by the State of California and the importance of local
control.
MOTION: Moved by Council Member Hutchison, seconded by Council Member Stickler, to approve staffs
recommendation and introduce First Reading of Ordinance No. 1022, by title only and waive further reading.
Linda A. Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1022 by title only.
ORDINANCE NO. 1022
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17 OF
THE RANCHO CUCAMONGA MUNICIPAL CODE ESTABLISHING NONSTOREFRONT MEDICAL
CANNABIS RETAIL AS A USE PERMITTED WITH A MINOR USE PERMIT FOR PROPERTIES
LOCATED IN PORTIONS OF THE NEO-INDUSTRIAL (NI) AND INDUSTRIAL EMPLOYMENT (IE)
ZONES, AMENDING CHAPTER 8.52 OF TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
EXCEPTING CERTAIN NON -STOREFRONT MEDICAL CANNABIS RETAIL FROM THE PROHIBITION
ON COMMERCIAL CANNABIS ACTIVITY, ADDING CHAPTER 5.20 TO TITLE 5 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE ESTABLISHING REGULATORY AND OPERATIONAL
RESTRICTIONS FOR SUCH A NON -STOREFRONT MEDICAL CANNABIS RETAILER, AND MAKING
A DETERMINATION OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member
Stickler, to approve staffs recommendation and introduce First Reading of Ordinance No. 1022, by title
only and waive further reading. Motion carried 5-0.
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G2. Public Hearing to Consider Establishing, Repealing, and Amending Certain Service and User
Fee Adjustments for Various Departments (Building and Safety Services, Planning and
Economic Development, and Community Services), Consider Amending the Transportation
Development Impact Fees for Engineering Services, and Consider Two Resolutions
Approving Such New Service and User Fees. (RESOLUTION NO. 2023-121) and
(RESOLUTION NO. 2023-122) (CITY)
Assistant City Manager Cox introduced Jennifer Nakamura, Deputy Director Planning and Economic
Development, and Zack Neighbors, Director Building and Safety, who gave the staff report along with a
PowerPoint presentation for item G2.
Assistant City Manager Cox announced the Public Hearing on the Transportation Development Impact
Fees would be continued to the Regular City Council Meeting on January 17, 2024. She noted a copy of
the updated report has been provided to the Council on the dais and was made available to the public.
Mayor Michael opened the Public Hearing.
Carlos Rodriguez, Chief Policy Officer for the Building Industry Association of Southern California, shared
concerns with the City's proposal of amending the Transportation Development Impact Fees for
Engineering Services and requested the item be continued to January 17, 2024 to have more time to review
and an opportunity for more robust dialogue.
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to adopt staffs
recommendation to approve Resolution No. 2023-121 and continue the Public Hearing on the
Transportation Development Impact Fees to the Regular City Council Meeting on January 17, 2024 in
Council Chambers, 10500 Civic Center Drive, at 7:00 p.m. Motion carried 5-0.
G3. Public Hearing for Consideration of a Resolution Adopting and Approving the Issuance of
Bonds by the California Statewide Communities Development Authority in the Amount not to
Exceed $12 Million to Improve and Rehab the Physical Condition of Pepperwood Apartments
Located at 9055 Foothill Blvd., Rancho Cucamonga. (RESOLUTION NO. 2023-117) (CITY)
Assistant City Manager Cox introduced Flavio Nunez, Management Analyst ll, who provided a verbal report
for item G3.
Mayor Michael opened the Public Hearing.
There were no public communications.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Council Member Scott, seconded by Council Member Stickler, to adopt Resolution No.
2023-117, approving the issuance of bonds by the California Statewide Communities Development
Authority in the amount not to exceed $12 million to improve and rehab the physical condition of
Pepperwood Apartments located at 9055 Foothill Blvd., Rancho Cucamonga. Motion carried 5-0.
H. CITY MANAGER'S STAFF REPORT(S)
None.
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I. COUNCIL BUSINESS
11. Consideration of City Council's Appointment of Their Respective Member to Cucamonga
Valley Water District's Conservation Regulations Coalition. (CITY)
Assistant City Manager Cox introduced Michael Parmer, Assistant to the City Manager, who provided a
verbal report for item 11.
MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tern Kennedy, to appoint Council
Member Stickler to serve as Rancho Cucamonga's Respective Member for the Cucamonga Valley Water
District's Conservation Regulations Coalition. Motion carried 5-0.
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.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
L. ADJOURNMENT
Mayor Michael adjourned the Council Meeting at 7:59 p.m.
Approved December 20, 2023:
Lin royan, MMC
ity Clerk Services Director
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