HomeMy WebLinkAbout2020/11/04 - Minutes November 4, 2020
CITY OF RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC
FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES
4:30 p.m. - CLOSED SESSION
CALL TO ORDER - TRI-COMMUNITIES CONFERENCE ROOM
The City of Rancho Cucamonga City Council held a closed session on Wednesday, November 4, 2020, in
the Tri-Communities 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, Sam Spagnolo, Mayor Pro Tern Lynne
Kennedy and Mayor L. Dennis Michael.
Also present were:John Gillison, City Manager;James L. Markman, City Attorney; Lori Sassoon, Deputy City
Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural &Civic Services and Matt Burris,
Deputy City Manager/Economic and Community Development.
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No public communications were made.
C. CITY MANAGER ANNOUNCEMENTS
No discussion or actions were taken.
D. CONDUCT OF CLOSED SESSION
D1. 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 AND DAVID NEAULT, KW
COMMERCIAL REPRESENTING THE CITY OF RANCHO CUCAMONGA; REGARDING PRICE AND
TERMS. -CITY
D2. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES
DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS
WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERS
LOCAL 1932 AND EXECUTIVE MANAGEMENT GROUP- CITY
D3. 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 0209-272-11, 0209-143-21, AND 0209-272-22;
NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING
THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND
SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES;
REGARDING PRICE AND TERMS.—CITY
D4. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION
PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9: (1 CASE)
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D5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1
CASE. The City has received a letter threatening litigation in connection with the cancellation of a
Towing Services Agreement. The letter is available for inspection in the City Clerk's Office.—CITY
D6. 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
D7. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION PURSUANT TO PARAGRAPH
(1) OF SUBDIVISION (D) OF 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
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 12467 BASELINE ROAD IDENTIFIED AS PARCEL
NUMBERS 1090-331-03-0000, 1090-331-04-0000, 1089-581-04-0000; NEGOTIATING PARTIES
JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND
JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.
—CITY
D9. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS PROPERTY: 8408 ROCHESTER
AVENUE, RANCHO CUCAMONGA, CA AGENCY NEGOTIATORS:JENNIFER HUNT-GRACIA AND
JOHN GILLISON NEGOTIATING PARTIES: CITY OF RANCHO CUCAMONGA AND RANCHO
BASEBALL, LLC UNDER NEGOTIATION: TERMS OF LEASE. -CITY
D10. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957
(TITLE: CITY MANAGER)
E. RECESS
The closed session recessed at 6:55 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 November 4, 2020
in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor
Michael called the meeting to order at 7:02 p.m.
Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tern Lynne Kennedy
and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; James L. Markman, City Attorney and Linda A. Troyan, City Clerk
Services Director.
Council Member Scott led the Pledge of Allegiance.
Responding to the spread of the Coronavirus (COVID-19), and social distancing requirements, City Manager
Gillison announced that due to recent changes in the Governor's Executive Orders, the San Bernardino County
Department of Public Health requirements, and to ensure the health and safety of Rancho Cucamonga residents
by limiting contact that could spread the COVID-19 virus, there will be no members of the public in attendance at
the City Council/Fire District Meetings and in place of in person attendance, members of the public are encouraged
to watch from the safety of their homes live from the City's website or on RCTV-3.
He stated members of the public wishing to speak during public communication, or on a public hearing item will
need to dial in to (909)774-2751 to be added to the queue for comment. Additional information on the Coronavirus
pandemic and City resources and updates can be found at www.cityofrc.us/coronavirus.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of Excellence in Procurement Award Received by the Rancho Cucamonga Procurement
Division.
Darryl Polk, Department of Innovation and Technology Director, showcased the Excellence in Procurement
Award received by the City's Procurement Division and shared departmental accomplishments leading to the
award. The Procurement Division received the award for the 11th year in a row.
B2. Announcement of Building a Path to Unity: A Virtual Symposium on Racial Healing, Equity, and Unity.
Clarence De Guzman, Community Programs Coordinator, presented a PowerPoint presentation announcing the
Building a Path to Unity: A Virtual Symposium on Racial Healing, Equity, and Unity to be held on Thursday,
November 12, 2020. He invited the community to register for the free virtual event online at bit.ly/UniteRC.
B3. Arbor Day Presentation.
William Wittkopf, Public Works Services Director, presented a PowerPoint and Video sharing the importance of
Arbor Day and the City of Rancho Cucamonga being designated as a Tree City USA.
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C. PUBLIC COMMUNICATIONS
Mayor Michael announced, due to COVID-19 and social distancing requirements,the Public Communications portion
of the meeting will be conducted telephonically.
Via phone call, Joe Delia, thanked City Officials for their work during the COVID-19 Pandemic and reported a history
of tree incidents as well as recent incidents caused by a windstorm involving falling trees and branches falling on
public walkways posing potential dangers to the public. He asked that the City assist by trimming, thinning, and
maintaining trees by Banyan Street to avoid future incidents causing public harm or property damage.
Via phone call, Janet Walton spoke about the history of Veteran's Day and offered a prayer.
CONSENT CALENDARS
D. CONSENT CALENDAR - FIRE PROTECTION DISTRICT
D1. Consideration of Meeting Minutes for the Regular Meetings of October 21, 2020.
D2. Consideration to Approve Bi-Weekly Payroll in the Amount of $814,935.41 and Weekly Check
Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of
$208,578.49 Dated October 12, 2020 Through October 25, 2020.
D3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas
Company in the Amount of$334.03 Dated October 12, 2020 Through October 25, 2020.
D4. Consideration of a Professional Services Agreement with Owen Group, Limited Partnership, in the
Amount of $346,200, Plus a 10% Contingency for the Americans with Disabilities Act (ADA)
Self-Evaluation and Transition Plan (Priority Phases 1 Through 3).
D5. Consideration of a Resolution Authorizing the City Manager to Negotiate and Execute Agreements
for Real Estate Listing and Broker Services Involving the Purchase or Sale of Real Property.
(RESOLUTION NO. FD2020-020).
MOTION: Moved by Board Member Spagnolo, seconded by Board Member Hutchison, to approve Consent
Calendar Items D1 through D5, with Board Member Scott abstaining on item D3, due to her employment with
Southern California Gas Company. Motion carried, 5-0.
E. CONSENT CALENDAR- CITY COUNCIL
E1. Consideration of Meeting Minutes for the Regular Meetings of October 21, 2020.
E2. Consideration to Approve Bi-Weekly Payroll in the Amount of $987,674.47 and Weekly Check
Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of
$4,324,059.28 Dated October 12, 2020 Through October 25, 2020.
E3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas
Company in the Amount of$112.36 Dated October 12, 2020 Through October 25, 2020.
E4. Consideration to Approve an Improvement Agreement, Improvement Securities, and Resolutions
Ordering the Annexation into Landscape Maintenance District No. 36, and into Street Light
Maintenance Districts No.'s 1 and 6 Located on the North Side of 9th Street, West of Vineyard
Avenue, at 8768 9th Street, Related to Case No. DRC2018-00912.(RESOLUTION NO.2020-110),
(RESOLUTION NO. 2020-111), and (RESOLUTION NO. 2020-112).
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E5. Consideration for a Bond Reduction Request for Case No. DRC2008-00909, Located at the
Northeast Corner of Base Line Road and Amethyst Avenue, Submitted by NAS Alta Loma, LLC.
E6. Consideration of a Request to Summarily Vacate Excess Right-Of-Way And Order Annexation to
Landscape Maintenance District No. 7 And Street Light Maintenance District No's 1 and 7,for Case
No. DRC2015-00066, on the East Side of East Avenue Approximately 180 Feet South of Banyan
Street Located at 6135 East Avenue, APN 0225- 191-31-0000.
E7. Consideration to Authorize the Purchase of Traffic Signal Replacement Batteries from Nextech
Systems Inc. of Irvine, California, the Most Responsive Bidder in Accordance with the Request for
Bid ("RFB")#20/21-115 in the Amount of$76,500.
E8. Consideration of a Professional Services Agreement with Owen Group, Limited Partnership, in the
Amount of $346,200, Plus a 10% Contingency for the Americans with Disabilities Act (ADA)
Self-Evaluation and Transition Plan (Priority Phases 1 Through 3).
E9. Consideration of a Resolution Authorizing the City Manager to Negotiate and Execute Agreements
for Real Estate Listing and Broker Services Involving the Purchase or Sale of Real Property.
(RESOLUTION NO. 2020-113).
E10. Consideration of a Resolution Proclaiming Existence of a Local Emergency Due to the Extreme
Wind Event That Took Place on October 26 and 27, 2020. (RESOLUTION NO. 2020-114).
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Hutchison, to approve
Consent Calendar Items E1 through E10, with Council Member Scott abstaining on item E3, due to her
employment with Southern California Gas Company. Motion carried, 5-0.
F. CONSENT ORDINANCES
None.
G. ADMINISTRATIVE HEARING ITEM(S)
G1. Consideration of Urgency Zoning Ordinance No. 976, to be Read by Title only and Waive Further
Reading, to Establish an Interim Moratorium for a Period of 45 Days on New Industrial Building
Development Located A)Within the Southeast Industrial Quadrant of the City and/or B)Within 500
Feet of Foothill Boulevard. (ORDINANCE NO. 976).
City Manager Gillison introduced the item, and Anne McIntosh, Planning Director, and Matt Burris, Deputy
City Manager. They presented a PowerPoint and reported to consider an urgency ordinance establishing an
interim moratorium for a period of 45 days on new industrial building development in two specific areas of
the City.
Fourteen (14) letters/emails in opposition to item G1 were received by the City and provided to Council on
the dais. Correspondence is available for viewing at the City Clerk's office and www.cityofrc.us.
Mayor Michael opened the Administrative Hearing.
Fourteen(14)public communications were made in opposition to Ordinance No.976 via phone call by David.
Parker, Adam Schmid, Charles "Chuck" Belvin, Jonathon Shardlow, Michael Condon, Jonathan Saks,
Charlene So,Chuck Buquet,Christopher Stanford, Paige Gosney, Bill Blankenship, Matthew Nelson, Lauren
Robles, and Nicholas Chang.
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Mayor Michael closed the Administrative Hearing.
Discussion ensued on current applications, application status received by the Planning Department, CEA
adequacy, roadway patterns, traffic concerns, 90-day timeframe, moratorium extensions and procedures,
communication efforts, partnerships, fiscal impacts, equity, outdated development standards, and public
safety.
In response to correspondence and arguments received via public communications Anne McIntosh,
Planning Director, and Matt Burris, Deputy City Manager, responded with the following.
The ordinance contains legislative findings supported by the staff report. New industrial uses create greater
demand for parking, access, and street capacity that are not currently addressed by our development
standards. Traffic impacts, and related secondary effects such as air quality and GHG, constitute impacts on
public welfare. Staff believes that a threat to public health, safety, and welfare exists. If an area is currently
zoned, industrial does not mean that future industrial development is free from harmful impacts if the existing
development standards are outdated or deficient.
The staff report included a chart containing pending applications for industrial development in the proposed
moratorium area and projects staff were aware of, but applications were not submitted. The number of
applications submitted is high in an area that does not have the infrastructure and appropriate planning for the
volume.
As much as the City is attempting to mitigate impacts, it is also seeking to pause development while it studies
types of industrial uses that may conflict with a contemplated general plan update. The ordinance includes
findings as to why it is exempt from CEQA because it prevents changes to the environment. The City is in the
process of updating the General Plan, so this is the time to preserve the status quo so that anticipated industrial
development does not undermine the City's legitimate planning objectives in the new General Plan.
City Attorney Markman noted that the 45-day moratorium did not pose an imminent threat but allows the City
to plan appropriately.
Councilmember Scott suggested and encouraged callers and stakeholders meet with the Planning
Department to express concerns and bring solutions and suggestions to help expedite the timeline and find
common ground.
Mayor Pro Tern Kennedy thanked all callers for expressing their concerns and informed the City must
balance the industry's advocacy and the quality of life of the residents of the City. Mayor Pro Tern Kennedy
noted that the moratorium is not "Anti- Warehouse" or "Anti-Industrial"; it is about developing long-term
planning and setting future guidelines. She noted that using outdated standards in the industry could be
detrimental in supporting a world-class community.
Mayor Michael confirmed a 4/5 vote is required for adoption of the urgency ordinance.
MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tern Kennedy, to adopt Urgency
Ordinance No. 976, by title only and waive further reading.
Linda Troyan, City Clerk, read the title of Ordinance No. 976.
VOTES NOW CAST ON MOTION: Moved by Council Member Spagnolo seconded by Mayor Pro Tern
Kennedy, to adopt Urgency Ordinance No. 976, by title only and waive further reading. Motion carried 4-1-0,
with Council Member Scott opposed.
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H. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT
No items.
I. CITY MANAGERS STAFF REPORT(S)
No items.
J. COUNCIL BUSINESS
J.1. COUNCIL ANNOUNCEMENTS
Council Member Scott acknowledged and thanked the Public Works Department for working around the
clock cleaning up damage in the City caused by the recent windstorm.
J.2. INTER-AGENCY UPDATES
None.
K. CITY ATTORNEY ITEMS
No items.
L. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
M. ADJOURNMENT
Mayor Michael adjourned the City Council Meeting at 9:45 p.m.
Respectfully submitted,
C4d A. Troyan, MMC
erk Services Director
Approved: November 18, 2020— Regular Meeting
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