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HomeMy WebLinkAbout2019/11/20 - MinutesNovember 20, 2019 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City of Rancho Cucamonga City Council held a closed session on Wednesday, November 20, 2019, in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 4:30 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tern Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Elisa Cox, Deputy City Manager/Cultural & Civic Services; Lori Sassoon, Deputy City Manager/Administrative Services; Matt Burris, Deputy City Manager/Economic and Community Development. No public communications were made. No discussion or actions were taken. D. 1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF CALIFORNIA GOVERNMENT CODE SECTION 54956.9 (1 CASE). D.2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: AWI BUILDERS, INC V. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIV DS 1928697 D.3. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1); 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 D.4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX November 20, 2019 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 9 ASSESSOR'S PARCEL NUMBER 0229-162-14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING PRICE AND TERMS. — CITY D.S. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229- 131-07; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST AND BONNIE CATHRYN STRACK & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, OWNERS; REGARDING PRICE AND TERMS — CITY D.6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229- 162-15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 1/3 INTEREST, JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED 1/3 INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, OWNERS; REGARDING PRICE AND TERMS — CITY D.7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0229- 131-15, 16 & 26; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND DP ETIWANDA, LLC, OWNER; REGARDING PRICE AND TERMS - CITY D.B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY COMMONLY KNOWN AS 9775 MAIN STREET AND 8845 RAMONA AVENUE ALSO KNOWN AS PARCEL NUMBER 0209-062-02-0000; AND 0209-085- 15-0000 RESPECTIVELY NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CAROL NORRIS, PRESIDENT NORTHTOWN HOUSING DEVELOPMENT CORPORATION; REGARDING PRICE AND TERMS. - CITY D.9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH EAST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE IDENTIFIED AS PARCEL NUMBER 0229- 012-97-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JACKSON SMITH, NEWCASTLE PARTNERS, INC.; REGARDING PRICE AND TERMS - CITY November 20, 2019 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 9 D.10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 11297 JERSEY BLVD; GROVE AND FOOTHILL - NORTHEAST CORNER; SAN BERNARDINO AND ETIWANDA AVE. — NORTHWEST CORNER, APN 0229-283-95-0000; NEGOTIATING PARTIES: JOHN GILLISON, CITY MANAGER AND JENNIFER HUNT-GRACIA, COMMUNITY SERVICES DIRECTOR REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND LAMAR ADVERTISING; REGARDING PRICE AND TERMS — CITY D.11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY COMMONLY KNOWN AS 12467 BASE LINE ROAD AND KNOWN AS PARCEL NUMBER 1090-331-03-0000; AND 1090-331-04-0000 RESPECTIVELY NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, REPRESENTING FILIPPI WINERY; REGARDING PRICE AND TERMS. - CITY The closed session recessed at 6:40 p.m. 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 November 20, 2019 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, Sam Spagnolo, and Mayor Pro Tern Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney, and Patricia Bravo -Valdez, Deputy Director of City Clerk Services. Mayor Pro Tern Kennedy led the Pledge of Allegiance. A.1. Recognition of the Champion FireDogs Hockey Teams. Mayor Michael and Members of the City Council recognized and presented Certificates of Recognition to the Rancho Cucamonga Firedogs Hockey Team including Andy Ramirez, Fire Dogs President, Coach, & Founder; Chris Voth, FireDogs Coach; Ryan Clinger, FireDogs Coach; Greg Andrews, FireDogs Coach and the Rancho Cucamonga FireDogs Hockey Team. Andy Ramirez, FireDogs Founder shared the team's history and accomplishments and thanked the City for the recognition. A.2. Recognition of Judy Alvarenga, Starbucks Manager for the Work she's done to instill Acts of Kindness in Rancho Cucamonga. November 20, 2019 ( 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 9 Joanna K4arnuKo, Management Aide, shared e video featuring JudyAlvorenga. Storbucks Manager, highlighting the work she has done to instill Acts of Kindness in Rancho Cucamonga. Mayor Michael and Members of the City Council presented a Certificate of Recognition to Judy Alvarenga recognizing her contributions tothe community. Martin Dickey, spoke about his involvement in various City Committees; and expressed concerns with a Public Works Subcommittee meeting report regarding trails and bridges at Heritage Park including liability concerns and asked for the item bubeonanagenda. Cassie Sanchez, thanked past and current City Council for their support of the equestrian community; and asked the City to continue making repairs to the trail and bridges at Heritage Park. J. Brennan, spoke about an issue she encountered with the RC2GO application and a tree request submittal. City Manager Gillison referred Ms. Brennan to speak with Public Works Services Director Wittkopf to help resolve theiesuo. Aaron Hernandez, spoke on the City's history and asked the City to memorialize Frank Zappa, a previous Jazz Musician, who was from the City ofRancho Cucamonga. Janet Walton, spoke on the National Act of Kindness Day, read an article titled "How tn Observe Thanksgiving" and offered uprayer. Emily Waters, spoke on the importance of preserving the equestrian community. Joe Covvay, spoke on behalf ofthe Alta Loma Riding C|ub, expressed concerns with the proposal made at a Public Works Subcommittee meeting, including safety concerns, regarding bridges at Heritage Perk and not receiving public input onthe item. Marissa Palmer, expressed concerns with the proposal made regarding trails at Heritage Park and the liability it may cause. Barbara Dewitt, expressed concerns with the proposal made at a Public Works Subcommittee meeting regarding bridges and access to Heritage Park, including the potential increase in liability and homelessness in the area. Luana Hernandez, spoke about a letter she received from the City regarding a Palm Tree removal request. Ellen Fanver' asked the City to preserve a property at Hellman Avenue and Banyan Street including a historic house; and inquired if there is an interest by the City in preserving the land and suggested the City preserve the trees inthe event the land can bepreserved. City Manager Gillison provided an update on the Davis Trail and addressed various comments made by the public. Mr. Gillison indicated that City staff is waiting to hear back from the insurance company on their decision regarding the claim for damages to the Davis Trail and will research other options if the insurance company decides not to accept the claim. He also reported that there is no plan to have bridge closures and removals at Heritage Park at this time and that the proposal to combine the three bridges was a cost savings measure and the item has not been placed before the City Council. City staff to further research the options and 000tn, the item is expected to return mid to late January 2020. November 20, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City ofRancho Cucamonga IPage 4ofQ November 20, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City ofRancho Cucamonga IPage 5of0 G.2. Consideration to Approve Bi-Weekly Payroll in the Amount of $1,149,283.37 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $2,736,212.53 Dated October 29, 2019 Through November 11, 2019 and Electronic Debit Register for the Month of September 2019 in the Amount of $651,103.98. G.3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $8,397.95 Dated October 29, 2019 Through November 11, 2019. GA. Consideration to Receive and File Current Investment Schedule as of September 30, 2019. G.S. Consideration to Receive and File Current Investment Schedule as of October 31, 2019. G.6. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2018/19 Local Slurry Seal Pavement Rehabilitation Project. G.7. Consideration to Approve and Adopt the Findings of a Report Defining a Single -Family Dwelling Unit and a Multifamily Dwelling Unit as it Pertains to the Transportation Development Impact Fees for the Resort Project Located North of Fourth Street, South of the BNSF/Metrolink Rail Line, West of Milliken Avenue, and East of Utica/Cleveland Avenues; Prepared by Fehr and Peers Transportation Consultants, and Submitted by SC Rancho Development Corp. G.B. Consideration to Approve Parcel Map 19855, Improvement Agreement, Improvement Security, and Ordering the Annexation to the Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 for Parcel Map 19855, Located on the South Side of Hillside Road West of Archibald Avenue, Generally Located at 9611 Hillside Road, Submitted by Monte Vista Assets, Inc. RESOLUTION NO.19-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR PROJECT CASE NO. SUBTPM19855 RESOLUTION NO. 19-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR SUBTPM19855 RESOLUTION NO. 19-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR SUBTPM19855 G.9. Approval of the Renewal Agreements for 800 MHz Radio Communications System Access/Paging Services and Equipment Maintenance Services Between the City of Rancho Cucamonga and the County of San Bernardino. G.10. Consideration of a Resolution Authorizing Application for and Receipt of SB2 Planning Grants Program Funds. RESOLUTION NO. 19-096 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING APPLICATION FOR AND RECEIPT OF SB2 PLANNING GRANTS PROGRAM FUNDS G.11. Consideration to Receive and File Quarterly Financial Update for the First Quarter of Fiscal Year 2019/20 and Authorize Certain Appropriation Adjustments for Capital Projects. G.12. Consideration of an Agreement with Van Scoyoc Associates to Provide Professional Legislative Representation, Federal Advocacy and Lobbying Services for the City of Rancho Cucamonga. November 20, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga ( Page 6 of 9 G.13. Consideration to Approve an Award to Zones, LLC for the Purchase of AutoCAD Software Maintenance and Support Licensing in an Amount Not to Exceed $215,000. MOTION: Moved by Council Member Hutchison, seconded by Council Member Spagnolo, to approve Consent Calendar Items G1 through G13. Motion carried, 5-0, with Council Member Scott abstaining from item G3, due to her employment with Southern California Gas Company. H.1. Consideration of Second Reading and Adoption of Ordinance No. 961 by Title Only, Amending Title 17 (Development Code) of the Municipal Code pertaining to an Update to the Temporary Use Permit Regulations. ORDINANCE NO. 961 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO AN UPDATE TO THE TEMPORARY USE PERMIT REGULATIONS H.2. Consideration of Second Reading and Adoption of Ordinance No. 962 by title only, Repealing and Replacing Chapter 10.80 of the Municipal Code to Establish a Pilot Program for Shared Mobility Devices for Use in Specific Areas of the City. ORDINANCE NO. 962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING AND REPLACING CHAPTER 10.80 OF THE MUNICIPAL CODE TO ESTABLISH A PILOT PROGRAM FOR SHARED MOBILITY DEVICES FOR USE IN SPECIFIC AREAS OF THE CITY H.3. Consideration of Second Reading and Adoption of Ordinance No. 963, by Title Only, Establishing a Process for the Removal and Replacement of City -Maintained Trees in the Right -of -Way or other Public Property by Adding Chapter 12.30 to the Municipal Code. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A PROCESS FOR THE REMOVAL AND REPLACEMENT OF CITY -MAINTAINED TREES IN THE RIGHT-OF-WAY OR OTHER PUBLIC PROPERTY BY ADDING CHAPTER 12.30 TO THE MUNICIPAL CODE MOTION: Moved by Council Member Spagnolo, seconded by Council Member Scott, to waive full reading and adopt Ordinance Nos. 961, 962, and 963 by title only. Patricia Bravo -Valdez, Deputy Director of City Clerk Services, read the title of Ordinance No. 961, 962, and 963. VOTES NOW CAST ON MOTION: Moved by Council Member Spagnolo, seconded by Council Member Scott, to waive full reading and adopt Ordinance Nos. 961, 962, and 963 by title only. Motion carried unanimously, 5-0. November 20, 2019 ( 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 9 None. J1. Public Hearing to Consider a Resolution to Set Residential and Commercial/IndustrialSolid Waste Collection Rates Within the City of Rancho Cucamonga. RESOLUTION NO. 19-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMDNGA CALIFORNIA, SETTING RESIDENTIAL AND COMMERCIAL/INDUSTRIAL SOLID WASTE AND RECYCLING COLLECTION RATES WITHIN THE CITY OF RANCHO CUCAK8ONGA, CALIFORNIA City Manager Gillison introduced Resolution No. 19-098 and Linda Ceballos, Environmental Programs Manager and K4ahaaa Oakon. Management Analyst, who gave the Staff Report and reported a hzba| of 11 protest letters were received by residents and ten by business owners; additional correspondence was received byVictor A. Muniz. Mayor Michael opened the Public Hearing item. Victor PWuniz, spoke about a Public Hearing notice he received; recommended the City reject Burrteo'sVVoste Industries application due to incompleteness, inquired if the City billed Burrtec for the report prepared and spoke onthe projected rate increases. James Fergot, Business Owner and Operator, spoke on cont increases for businesses; recommended improvements be made in the management of waste trucks by Burrt*o and asked Burrtec to review expenses and cost savings before rate increases are adopted. Arthur Anderson, spoke about operations and management of Burrtec Waste Industries. Mark Gibboney, spoke on going out to bid for solid waste and recycling mervioea, political contributions and Political Action Committeee, inquired on political campaign contributions made byBurhaoand recommended o campaign finance reform. Loree Masonis, spoke on the operation of a large corporation and competitive bidding and on the City having to bear the burden of rate increases and asked Council to put the residents in mind when considering this item. Mayor Michael closed the Public Hearing item. Mike Arn*guin, Vice Preskjent, Burrteo VVaoie Industries, thanked staff for their report; reviewed the request for rate increases; went over the extensive process in identifying rate components; spoke on the crash of the recycling markets; the report prepared by the consultant; the mandatory protest hearing opportunity; and Rancho Cucamonga being a City with the fourth lowest rate in the area. Discussion ensued regarding the recycling process and the costs associated with it; disposal at Material Recovery Facilities; separation of organics and changes in state legislation; collapse of recycling market in Chino; last fee adjustment done in July of2017; rates being a pass through costs to payers; recovering costs by Burrteo; importance nfhaving a partnership between the City and Burrteo; hearing requirements; closure of recycling centers throughout the state; and impacts bobusiness operations. MOTION: Moved by Council Member Hutchison, seconded by Council MemberSpogno|o. to adopt Resolution No. 19-098, setting Residential and Commercial/Industrial Solid Waste Collection Rates within the City of Rancho Cucamonga. Motion carried unanimously, 5-U. November 20, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes K.1. Consideration of Approval to Hire Six (6) Firefighters in Fiscal Year 2019/20 for Increased Staffing City ManagerGiUison introduced Ivan Rojer, Fire Chief, Mike MoC|iman' Deputy Fire Chief and Ty Horhs, Battalion Chief, who gave the Staff Report. MOTION: Moved by Council Member Spagmdo.seconded by Council Member Scott, toapprove the hire of Six (6) Firefighters in Fiscal Year 2019/20. Motion carried unanimously, 5-0. L1. COUNCIL ANNOUNCEMENTS L.2. INTER -AGENCY UPDATES Mayor Michael adjourned the meeting at 9:15 p.m. Res ectfully submitted, t lerk Services Director Approved: December 4, 2019 — Regular Meeting November 20, 2019 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 9 of 9