HomeMy WebLinkAbout2021/03/17 - MinutesMarch 17, 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 17, 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; Nicholas Ghirelli, Assistant 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. 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), EXECUTIVE
MANAGEMENT GROUP AND FIRE SUPPORT SERVICES — CITY
D2. 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
D3. 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
D4. 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
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D5. 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
D6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 12467 BASELINE ROAD IDENTIFIED AS PARCEL
NUMBERS 1090331030000, 1090331040000, 1089581040000; 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
D7. 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
D8. 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
D9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT 8583 ETIWANDA AVENUE, RANCHO
CUCAMONGA, CA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX
ASSESSOR'S PARCEL NUMBER 022914113. NEGOTIATING PARTIES, JOHN GILLISON, CITY
MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND PATTI FEIST,
OVERLAND, PACIFIC AND CUTLER, 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 17, 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; Nicholals Ghirelli, Assistant City Attorney and Patricia Bravo -
Valdez, Deputy Director of City Clerk Services.
Mayor Pro Tern Kennedy 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.citvofrc.us/coronavirus.
A. AMENDMENTS TO THE AGENDA
None.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of a Proclamation to Carrie Guarino, Retiring Assistant General Manager, for her Years of
Service with the Cucamonga Valley Water District.
Mayor Michael announced that due to COVID-19 and social distancing requirements, the recognition would be
presented virtually to Carrie Guarino, Retiring Assistant General Manager, Cucamonga Valley Water District, who
was watching the presentation from the safety of her home via RCTV-3. Mayor Michael and Members of the City
Council presented the Proclamation to Carrie Guarino, Retiring Assistant General Manager, for her Years of
Service with the Cucamonga Valley Water District.
B2. Recognition of Green Business Program Recipient, Mountainside Apartments, part of the National
Community Renaissance.
Deborah Allen, Management Aide, provided a PowerPoint presentation and video featuring Mountainside
Apartment's staff showcasing their recent sustainability efforts and green business practices. Mayor Michael and
Members of the City Council presented Mountainside Apartments with a Certificate of Recognition.
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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, Janet Walton, wished Mayor Michael and Members of the City Council a "Happy St. Patrick's Day"
and offered a prayer.
Via phone call, Frank Atry, spoke on the following: City Hall operating hours during the COVID-19 Pandemic, City
Officials/ City Staff salaries and COVID-19 restrictions on public attendance at City Council Meetings.
City Manager Gillison clarified that City Hall has remained open to the public during the COVID-19 Pandemic with
measures put in place. He noted that San Bernardino County Department of Public Health is progressively easing
off on restrictions based on the County's tier system.
D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of March 3, 2021.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,636,607.75
and City and Fire District Weekly Check Registers(Excluding Checks Issued to Southern California
Gas Company) in the Total Amount of $3,636,811.47 Dated February 22, 2021 Through March 07,
2021 and City and Fire District Electronic Debit Registers for the Month of February in the Total Amount
of $2,299,577.77. (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 $33,389.19 Dated February 22, 2021 through March
07, 2021. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of February 28, 2021 for the City
of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D5. Consideration to Award Contract to Siemens Mobility, Inc. for the Traffic Signal Battery Backup System
Replacement FY 20-21 Project. (CITY)
D6. Consideration to Accept Public Improvements on the East Side of Grove Avenue Between 9th Street
and Arrow Route, Located at 8681 Grove Avenue per the Improvement Agreement Related to Case
No. DRC2017-00439, as Complete, File the Notice of Completion, and Authorize Release of Bonds.
(CITY)
D7. Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus (COVID-19)
Pandemic. (CITY)
D8. Consideration of the Housing Element Annual Progress Report for 2020. (CITY)
D9. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of
Retention and Bonds for the Foothill Boulevard Pavement Rehabilitation Project. (CITY)
D10. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of
Retention and Bonds for the Upper Cucamonga Storm Drain Phase 3 and Amethyst Avenue Street
Improvements Project. (CITY)
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D11. Consideration of an Agreement Between the City of Rancho Cucamonga and Southern California Gas
Company —Transmission Division, and Authorization of the Payment of the Estimated Costs of
$667,496 for the Design and Advance Purchase of Materials for the Relocation of a 36-inch Gas
Pipeline Within the Etiwanda Avenue Grade Separation Project. (CITY)
D12. Consideration of Amendment No. 001 to the Professional Services Agreement with HLP, Inc. for
Software Licensing, Maintenance and Support in the Amount of $109,000. (CITY)
D13. Consideration of Amendment No. 1 to the Professional Services Agreement (Contract No. C018-122)
with Moffatt and Nichol in the Amount of $2,310,000 (Including a 10% Contingency) for Additional Civil
Engineering Services for the Etiwanda Avenue Grade Separation Project. (CITY)
D14. Consideration of a Resolution Approving Reimbursement Agreement DRA-44 for Planned Drainage
Facility Construction in the General City Drainage Area, for Master Plan Storm Drain Line 1 E, in
Conjunction with the Development of Tract 20042, Located on the East Side of Carnelian Street and
North of Hillside Road, Related to Case No SUBTT20042, Submitted by New Weaver Lane, LLC.
(RESOLUTION NO. 2021-014) (CITY)
D15. Consideration to Accept and Allocate $26,010 Awarded by the California State Library to Directly
Support the Adult Literacy Tutoring Program. (CITY)
MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tern Kennedy, to approve Consent
Calendar Items D1 through D15 with Council Member Scott abstaining on item D3 and D11, due to her
employment with Southern California Gas Company. Motion carried, 5-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
No items.
F. ADMINISTRATIVE HEARING ITEM(S)
F1. Public Hearing to Consider Notice to San Bernardino County Board of Supervisors Regarding
Microenterprise Home Kitchen Operations (MEHKOs). (CITY)
City Manager Gillison introduced Jana Cook, Community Improvement Manager, who presented the staff report
for Item F1. Community Improvement Manager Cook shared a PowerPoint outlining potential impacts of
permitting Micro Enterprise Home Kitchen Operations. Community Improvement Manager Cook provided a
supplemental letter for review and consideration from the City Council addressed to the San Bernardino County
Board of Supervisors stating formal opposition to approving and adopting regulations permitting Micro Enterprise
Home Kitchen Operations in San Bernardino County.
Mayor Michael opened the Administrative Hearing.
No public communications were made.
Mayor Michael closed the Administrative Hearing.
Council discussion ensued on potential impacts of permitting Micro Enterprise Home Kitchen Operations
including: Health & Safety risks, and the economic impacts on existing businesses during recovery from
health orders and local control.
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to approve sending
the supplemental letter provided at the meeting to the San Bernardino County Board of Supervisors stating
formal opposition to approving and adopting regulations permitting Micro Enterprise Home Kitchen
Operations in San Bernardino County. Motion carried unanimously, 5-0.
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F2. Consideration of Resolution No. 2021-015 and Resolution FD2021-004, Resolutions of the City
Council and the Board of Directors of the Rancho Cucamonga Fire Protection District, Ratifying the
Director of Emergency Services' Executive Order Modifying Previous Executive Orders Given
During the Local Emergency Caused by the COVID-19 Pandemic. (RESOLUTION NO. 2021-015;
RESOLUTION FD2021-004) (CITY/FIRE)
City Manager Gillison introduced Lori Sassoon, Deputy City Manager/ Administrative Services, who presented a
PowerPoint for Item F2. Deputy City Manager Sassoon provided a summary of previous Executive Orders and
introduced Executive Order 2021-1, modifying the previous orders as the County progresses from the Purple tier
and into Red, Orange, and Yellow tiers. Deputy City Manager Sassoon also provided a matrix indicating how
each provision of the various orders would be modified and ultimately phased out as the County makes progress
through those tiers.
Deputy City Manager Sassoon recommended adoption of Resolutions ratifying the Director of Emergency
Services' Executive Order Modifying Previous Executive Orders Given During the Local Emergency Caused by
the COVID-19 Pandemic.
Mayor Michael opened the Administrative Hearing.
No public communications were made.
Mayor Michael closed the Administrative Hearing.
Council Member Scott asked if there would be community outreach regarding Executive Order 2021-1.
Deputy City Manager Sassoon answered that there will be community outreach on Executive Order 2021-1,
modifying the previous orders as the County progresses from the Purple tier and into Red, Orange, and Yellow
tiers
MOTION: Moved by Mayor Pro Tern Kennedy seconded by Council Member Hutchison, to adopt Resolution No.
2021-015, Ratifying the Director of Emergency Services' Executive Order 2021-1 modifying previous Executive
Orders given during the Local Emergency caused by the COVID-19 Pandemic. Motion carried unanimously, 5-0.
MOTION: Moved by Board Member Hutchison, seconded by Board Member Scott, to adopt Resolution No.
FD2021-004, Ratifying the Director of Emergency Services' Executive Order 2021-1 modifying previous Executive
Orders given during the Local Emergency caused by the COVID-19 Pandemic. Motion carried unanimously, 5-0.
G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT
No items.
H. CITY MANAGERS STAFF REPORT(S)
H1. 2021 City of Rancho Cucamonga Local Hazard Mitigation Plan Update and Public Review.
(CITY/FIRE)
City Manager Gillison introduced Joseph Ramos, Emergency Management Coordinator and Atlas Planning
Solutions Consultant, Aaron Pfannenstiel, who presented a PowerPoint for Item H1. Emergency Management
Coordinator Ramos informed that the Local Hazard Mitigation Plan would outline and discuss community hazards,
outline hazard risks, identify policies/ projects to reduce risk and provide direction to implement and monitor.
Emergency Management Coordinator Ramos noted that various local agencies and community partners
participated in the process of developing and planning the Rancho Cucamonga Local Hazard Mitigation Plan.
Atlas Planning Solutions Consultant, Aaron Pfannenstiel, via teleconference, outlined hazards in the Local Hazard
Mitigation Plan such as: seismic hazards, wildfires, human -caused hazards, floods, severe weather, hazardous
materials release incidents and aircraft incidents. Emergency Management Coordinator Ramos shared next steps
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for the development and adoption of the Local Hazard Mitigation Plan, which include a 30-day Public Review of
the Draft Local Hazard Mitigation Plan. Once updated and reviewed by Cal OES/ FEMA the Local Hazard
Mitigation Plan would return to a future City Council meeting for formal adoption.
City Council received and filed the report.
I. COUNCIL BUSINESS
11. COUNCIL ANNOUNCEMENTS
Mayor Pro Tern Kennedy noted that the City has remained open and responsive during the COVID-19
Pandemic and invited the community to view this year's State of the City Adress on the City's website:
www.citVofrc.us.
12. INTER -AGENCY UPDATES
None.
J. CITY ATTORNEY ITEMS
None.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
Council Member Scott requested an item be added to a future meeting regarding parking concerns for a
project approved at a recent Planning and Historic Preservation Commission meeting located on Foothill
and San Bernardino Road.
City Manager Gillison agreed to bring back a report to a future City Council Meeting to address the projects
parking concerns.
City Council consensus to place item on a future City Council Meeting.
Council Member Scott noted that she has seen an influx of gas stations and convenience stores and would
like to discuss land use and future developments at a future meeting.
City Manager Gillison proposed a future Study Session with City Council and Planning Department staff to
report and discuss a summary of development provisions, provide an update on parcels available and
designated land use.
City Council consensus to schedule a future City Council Study Session.
L. ADJOURNMENT
Mayor Michael adjourned the City Council Meeting at 8:10 p.m.
e ectfully submitted,AO 9,4,4JJ
t�
nda A. Troyan, MMC
ity Clerk Services Director
Approved: April 7, 2021 — Regular Meeting
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