HomeMy WebLinkAbout2021/03/03 - MinutesMarch 3, 2021
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 3, 2021, 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
None.
D. CONDUCT OF CLOSED SESSION
D1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957
(TITLE: CITY MANAGER).
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 EXECUTIVE MANAGEMENT GROUP AND FIRE SUPPORT SERVICES — 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
D4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH
(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: BRANDON DUFFIELD, DBA SO
CAL CONSULTING V. WILBURN PATRICK FOWLER, et. al., SAN BERNARDINO SUPERIOR
COURT, CASE NO. CIV SB 2029453 — CITY
D5. 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
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D6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH
(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF
RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF
CALIFORNIA, CASE NO. 5:20CV02506JGBSP — CITY
D7. 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; ROBERT BRUCE STANFORD, A
WIDOWER (AN INDIVIDUAL) & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE
STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO THE REMAINDER, OWNERS;
REGARDING PRICE AND TERMS — 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 NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 REGARDING THE FOLLOWING REAL PROPERTY: (1) REAL PROPERTY OWNED BY
THM ENTERPRISES, LLC AND LOCATED AT 12449 FOOTHILL BOULEVARD IN THE CITY OF
RANCHO CUCAMONGA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX
ASSESSOR'S PARCEL NUMBER 0229 031 41. NEGOTIATING PARTIES, JOHN GILLISON, CITY
MANAGER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, REGARDING INSTRUCTIONS
TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE
PROPERTY OWNERS SET FORTH ABOVE. — CITY
D10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 REGARDING THE FOLLOWING REAL PROPERTY:(1) REAL PROPERTY OWNED BY
WALMART REAL ESTATE BUSINESS TRUST AND LOCATED AT 12549 FOOTHILL BOULEVARD
IN THE CITY OF RANCHO CUCAMONGA AND FURTHER IDENTIFIED AS SAN BERNARDINO
COUNTY TAX ASSESSOR'S PARCEL NUMBERS 022903238 & 44. NEGOTIATING PARTIES,
JOHN GILLISON, CITY MANAGER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,
REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. — CITY
E. RECESS The closed session recessed at 6:45 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 March 3, 2021 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, Mayor Pro Tern Lynne Kennedy
and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; James L. Markman, City Attorney and Linda Troyan, MMC, 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.
A. AMENDMENTS TO THE AGENDA
None.
B. ANNOUNCEMENTS/PRESENTATIONS
None.
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, Shane Pinnell, Citrus Little League, spoke about the use of fields at Red Hill Park; first come first
serve policies; fFieldaAllocation terms set by the Sports Advisory Committee; lack of communication and
enforcement regarding field allocations by the City, Rancho Cucamonga Police Department and Park Rangers. He
asked that any questions or comments be emailed to: President(cDcitrusll.com.
City Manager Gillison noted that he is aware of the concern and is working diligently with City staff for a solution
Via phone call, Janet Walton, offered a prayer.
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D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Special Meeting of February 9, 2021 and Regular Meetings
of February 17, 2021.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,614,241.65
and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas
Company) in the Total Amount of $5,686,734.29 Dated February 08, 2021 Through February 21, 2021.
(CITY/FIRE)
D3. Consideration of the 2020 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.
D4. Consideration to Accept Public Improvements on the North Side of Millenium Court, West and East of
Mayten Avenue, South of Foothill Boulevard per the Improvement Agreement Related to Case No.
SUBTPM19669, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY)
D5. Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention
and Bonds for the Freeway and Arterial Synchronization Project. (CITY)
D6. Consideration of a Determination that the Yellowwood Place Connection to Foothill Marketplace
Project is Categorically Exempt From the California Environmental Quality Act (CEQA) and Authorize
the Filing of a Notice of Exemption. (CITY)
D7. Consideration of Amendment No. 03 to the Agreement with Pacific Utility Installation, Inc. (CO19-085)
in the Amount of $300,845, plus a 5% Contingency for the Civic Center East Lot Electric Line Extension
Project and Authorization of an Appropriation in the Amount of $118,900. (CITY).
D8. Consideration of Amendment No. 1 to Contract No. 2020-023 with Community Works Design Group
for Design Professional Services in the Amount of $15,000.00 to be Funded from Account No.
1274401-5650 (Grant Funds). (CITY)
D9. Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho
Cucamonga and Teamsters Local 1932. (RESOLUTION NO. 2021-011) (CITY)
D10. Consideration of an Increase to Erickson -Hall Construction Contract No. FD 17-005 in the Amount of
$118,724, and Approval of Amendment No. 02 for Additional Construction Management Services for
the New Public Safety Facility. (FIRE)
MOTION: Moved by Council Member Scott, seconded by Mayor Pro Tern Kennedy, to approve Consent
Calendar Items D1 through D10. Motion carried, 5-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
E1. Consideration of Second Reading and Adoption of Ordinance Nos. 978 and 979, to be Read by Title
Only and Waive Further Reading, Amending the Municipal Code to Allow for the Deferral of Payment
of Development Impact Fees and the Public Art In -Lieu Fee. (ORDINANCE NO. 978 AND
ORDINANCE NO. 979) (CITY)
MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to waive full reading
and adopt Ordinance No. 978 and Ordinance No. 979 by title only.
Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 978 and Ordinance No. 979 by
title only.
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VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member
Scott, to waive full reading and adopt Ordinance No. 978 and Ordinance No. 979 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 2019/20
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 Jaime Garcia, Community Parks and Landscape Citizens' Oversight Committee
Chair, who presented a verbal report via teleconference for Item F1.
Mayor Michael opened the Administrative Hearing.
No public communications were made.
Mayor Michael closed the Administrative Hearing.
Mayor Michael and Members of the City Council thanked Community Parks and Landscape Citizens'
Oversight Committee Chair Garcia for his report and thanked Committee Members for their efforts..
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Spagnolo, to receive and file
the Review of Results of Annual Independent Audit Concerning the Fiscal Year 2019/20 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. Motion carried unanimously, 5-0.
F2. Discussion and Possible Action on the Impacts of Schools Reopening Plans beginning March 2021
following Closures due to COVID-19. (Verbal Report) (CITY)
City Manager Gillison introduced Jason Welday, Director of Engineering Services/ City Engineeer, who presented
a PowerPoint for Item F2. City Engineer Welday reported on the impacts of Schools reopening under a hybrid
model of in -person learning. He reviewed impacts on school related traffic services due to new hybrid school
schedules including increases in costs, concerns of vendor availability/staffing, reassigning School Resource
Officers to schools and scheduling school area enforcement. City Engineer Welday also spoke on Healthy RC's
response and informed that with the return to school, Healthy RC could consider transitioning back to some in -
person support, public safety campaigns and programming such as Safe Routes to School. City Engineer Welday
closed by outlining the proposed Crossing Guard Policy would include:
• Annual Crossing Guard Study
• City Engineer's Recommendations for Crossing Guard Locations
• Continued Use of a Crossing Guard Vendor
• City to Fund 2 —1-Hour Shifts Per Recommended Location
• Authorize City Manager to Approve FY20/21 Locations
• Encourage Districts to Evaluate Non -Recommended Locations
• Districts to Fund Supplemental Crossing Guard Services for Non -Traditional Schedules
City Engineer Welday recommended adoption of Resolution No. 2021-013 establishing a Policy on the
Provision of Crossing Guard Services.
Mayor Michael opened the Administrative Hearing.
No public communications were made.
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Mayor Michael closed the Administrative Hearing.
Discussion ensued on recommended hour shifts, cost estimates and funding from federal/state government.
MOTION: Moved by Council Member Spagnolo, seconded by Council Member Scott, to adopt Resolution No.
2021-013, Establishing a Policy on the Provision of Crossing Guard Services. Motion carried unanimously, 5-0.
G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT
G1. DRC2020-00482 — DR Horton - A Request for a Design Review Modification to the Day Creek Square
Development Located at the Southwest Corner of Day Creek Boulevard and Base Line Road by Modifying
the Current Conditions of Approval Associated with the Project Applications with the Removal of Condition
#13 that Places Restrictions on the Residential Occupancy of the Day Creek Square Residential
Community. (RESOLUTION NO. 2021-012) (CITY)
City Manager Gillison introduced David Eoff, Senior Planner, who presented a PowerPoint for Item G1. Senior
Planner Eoff outlined the project scope that was approved in 2017 and informed that the COVID-19 Pandemic
impacted the project's development of the Hotel. Senior Planner Eoff recommended that the City Council consider
an approval of DR Horton's request for Condition of Approval #13 to be removed, as it places restrictions on the
residential occupancy of the Day Creek Square residential community.
Mayor Michael opened the Public Hearing.
Mayor Michael announced, due to COVID-19 and social distancing requirements, Public Communications for
Public Hearing item G1 will be conducted telephonically.
No public communications were made.
Mayor Michael closed the Public Hearing.
Discussion ensued regarding the impacts of the COVID-19 Pandemic on the building industry, constraints in
securing financing for the proposed hotel and an optimistic outlook for the future of the building industry and the
Day Creek Square Development Project.
MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tern Kennedy, to adopt Resolution No.
2021-012, approving Design Review Modification with the removal of Condition #13 that places restrictions on
the residential occupancy of the Day Creek Square residential community. Motion carried unanimously, 5-0.
H. CITY MANAGERS STAFF REPORT(S)
H1. Consideration to Receive and File Midyear Financial Update for the Six -Month Period Ended
December 31, 2020. (CITY)
City Manager Gillison introduced Tamara Oatman, Finance Director, who presented a PowerPoint for Item H1.
Mayor Michael and Members of the City Council thanked Finance Director Oatman for the detailed report.
City Council received and filed the report.
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Mayor Michael announced that items H2 and H3 would be presented and acted upon concurrently
H2. Consideration of a Contract with Southern California Landscape, Inc. for the "LMD-2 Victoria - Water
Conservation / Landscape Renovation FY 20-21 Project" in the Amount of $633,810.00. (CITY)
H3. Consideration of a Contract with Conserve Landcare for the "LMD-4R Terra Vista - Water
Conservation / Landscape Renovation FY 20-21 Project" in the Amount of $405,660.00. (CITY)
City Manager Gillison introduced Albert Espinoza, Deputy Director of Public Works and Jeff Benson, Acting Parks
Superintendent, who presented a PowerPoint for Items H2 and H3. Deputy Director Espinoza provided the City
Council a brief history of Landscape Maintenance Projects previously performed within the City and two future
projects for the Council to Consider awarding in Landscape Maintenance Districts 2 & 4R. Deputy Director
Espinoza showcased initial design concepts showing the various types of drought tolerant options for
consideration along medians and parkways. Acting Parks Superintendent Benson provided a detailed funding
summary for the projects. Deputy Director Espinoza concluded by recommending the following actions for items
H2 and H3:
Staff recommendation for item H2: The City Council approve the plans and specifications, accept the bids
received, award and authorize the execution of a contract in the amount of $633,810 which includes the Base Bid
plus Additive Bid for the "LMD-2 Victoria — Water Conservation / Landscape Renovation FY 20-21 Project" to the
lowest responsive bidder, Southern California Landscape, Inc, of Fontana; authorize the expenditure of a
contingency in the amount of $64,190 and appropriate $298,000.00 into account number 1131303-5650 from the
Landscape Maintenance District 2 (LMD 2) fund balance.
Staff recommendation for item H3: The City Council approve the plans and specifications, accept the bids
received, award and authorize the execution of a contract in the amount of $405,660 for the "LMD-4R Terra Vista
— Water Conservation / Landscape Renovation FY 20-21 Project" to the lowest responsive bidder which is
Conserve Landcare of Thousand Palms; authorize the expenditure of a contingency in the amount of $41,340
and appropriate $47,000.00 into account number 1134303-5650 from the Landscape Maintenance District 4R
fund balance.
Discussion ensued on anticipated return on investment, water conservation, maintenance savings and long term
savings from the proposed projects.
Deputy Director Espinoza replied that the Public Works Department would be bringing back project results to the
City Council in the future to update them on the projects impacts such as: return of investment, water conservation,
lowered maintenance costs and reduction in Green House Gas (GHG) emissions.
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to approve the plans and
specifications, accept the bids received, award and authorize the execution of a contract in the amount of
$633,810 which includes the Base Bid plus Additive Bid for the "LMD-2 Victoria — Water Conservation / Landscape
Renovation FY 20-21 Project" to the lowest responsive bidder, Southern California Landscape, Inc, of Fontana;
authorize the expenditure of a contingency in the amount of $64,190 and appropriate $298,000.00 into account
number 1131303-5650 from the Landscape Maintenance District 2 (LMD 2) fund balance and to approve the
plans and specifications, accept the bids received, award and authorize the execution of a contract in the amount
of $405,660 for the "LMD-4R Terra Vista — Water Conservation / Landscape Renovation FY 20-21 Project" to the
lowest responsive bidder which is Conserve Landcare of Thousand Palms; authorize the expenditure of a
contingency in the amount of $41,340 and appropriate $47,000.00 into account number 1134303-5650 from the
Landscape Maintenance District 4R fund balance. Motion carried unanimously, 5-0.
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COUNCIL BUSINESS
11. Selection of a Delegate for the Southern California Association of Government's (SCAG) General
Assembly. (CITY)
Mayor Michael Introduced Item 11 for City Council direction on the selection of a Delegate and Alternate for
the Southern California Association of Government's (SCAG) General Assembly.
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Spagnolo, to appoint Mayor Michael
to serve as Rancho Cucamonga's delegate and Council Member Scott as alternate at the upcoming Southern
California Association of Government's (SCAG) General Assembly. Motion carried unanimously, 5-0.
12. COUNCIL ANNOUNCEMENTS
None.
13. INTER -AGENCY UPDATES
None.
J. CITY ATTORNEY ITEMS
None.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
L. ADJOURNMENT
Mayor Michael adjourned the City Council Meeting at 8:21 p.m.
Respectfully submitted,
r
nda A. Troyan, M
City Clerk Services Director
Approved: March 17, 2021 — Regular Meeting
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