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HomeMy WebLinkAbout2021/04/07 - MinutesApril 7, 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, April 7, 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. 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), RANCHO CUCAMONGA MANAGEMENT ASSOCIATION 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 April 7, 2021 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 D5. 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 D6. 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 D7. 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 D8. 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 KELLY DEWITT, 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 D9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTIES LOCATED AT: 7089 ETIWANDA AVE. (APN 0227- 121-56); HAVEN AVE. (APN:0208-331-47); HAVEN AVE. (APN:0208-331 -40); 8340 UTICA AVE. (APN:0208-353-06); 9612 SAN BERNARDINO ROAD (APN:0208-131-83); 9547 SAN BERNARDINO ROAD (APN:0208-151-07); 9561 SAN BERNARDINO ROAD (APN: 0208-151-17); NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND LORI SASSOON, DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND VOLUNTEERS OF AMERICA OF LOS ANGELES (VOALA), REGARDING PRICE AND TERMS. - (CITY/FIRE) E. RECESS The closed session recessed at 6:30 p.m. April 7, 2021 ( 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 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 April 7, 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 A. Troyan, MMC, Director of City Clerk Services. Council Member Spagnolo 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. 0W—Ju1=L`I111A::Vk&Ifolk d:I=F-,W4`I17_ None. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of American Rescue Plan and Community Project Funding by United States Representative Pete Aguilar, California 31st Congressional District. Mayor Michael announced that due to COVID-19 and social distancing requirements, the presentation would be presented via teleconference by United States Representative Pete Aguilar, California 31st Congressional District. Representative Aguilar informed the community about the American Rescue Plan and shared details on Community Project Funding. B2. Presentation of a Proclamation Declaring the Month of April 2021 as "Donate Life Month" Mayor Michael announced that due to COVID-19 and social distancing requirements, the recognition would be presented virtually to Cheryl Machan, One Legacy Ambassador, 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 Cheryl Machan, One Legacy Ambassador, declaring the month of April 2021 as "Donate Life Month". April 7, 2021 1 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 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 offered a prayer. Via phone call, Jim Wood spoke on the history of the Old Spanish Trail and shared his support for the placement of signs to mark the Location of the Old Spanish Trail, a National Historic Trail. Via phone call, Michael Kelly, Auto Metrics, spoke on a claim submitted to the City of Rancho Cucamonga, Code Enforcement Zone Laws and business advertising restrictions. Via phone call, Cheryl Machan thanked the City for proclaiming the month of April as as "Donate Life Month". She encouraged the community to register to be a donor at the Department of Motor Vehicles (DMV) or online at www.donatel ifecal ifornia.ora. D. CONSENT CALENDAR D1. Consideration of Meeting Minutes for the Regular Meetings of March 17, 2021. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $3,225,761.49 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $7,183,986.49 Dated March 08, 2021 Through March 28, 2021. (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 $670,538.26 Dated March 08, 2021 Through March 28, 2021. (CITY/FIRE) D4. Consideration of Resolutions Adopting Revised Records Retention Schedules, Authorizing Destruction And Rescinding Previous Records Retention Schedules. (RESOLUTION NO. FD2021-005) (RESOLUTION NO. 2021-020) (FIRE/CITY) D5. Consideration to Award a Contract to Robert Clapper Construction Services, Inc. in the Amount of $83,204, plus a 10% Contingency in the Amount of $8,320, for the RCFPD Training Center Facility Gas Leak Project. (FIRE) D6. Consideration of the Purchase of Thirty -Eight (38) Streetlight Poles and Five (5) Aluminum Pole Arms from Ameron Pole Products, LLC in the Amount of $72,350. (CITY) D7. Consideration to Approve the Rancho Cucamonga Municipal Utility 10-Year Energy Efficiency Targets. (CITY) D8. Consideration to Accept as Complete, the 4th Street Pavement Resurfacing Project Between Haven Avenue and O tario Mills Drive. (CITY) D9. Consideration of a License Agreement for Improvements Adjacent to the Railroad Spur Track on 8th Street West of Haven Avenue with BNSF Railway Company Related to Development of 8978 Haven Avenue (Case No. DRC2018-00546). (CITY) April 7, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 9 D10. Consideration to Approve Amendment No. 01 to a Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Rancho Cucamonga and Jones Family Trust of 2010, Robert Bruce Stanford, Jr., William R. Rushing, and Bernell Hydraulics, Inc. for Purchase of the Fee Simple Interest, Business Goodwill and Relocation Assistance Benefits in the Real Property Located at 8810 Etiwanda Avenue and further identified as APN 0229-131-07 in Connection with the Construction of the Etiwanda Grade Separation Project. (CITY) D11. Consideration of a Determination that the Etiwanda East Side Widening Project is Categorically Exempt From the California Environmental Quality Act (CEQA) and Authorize the Filing of a Notice of Exemption. (CITY) D12. Consideration of Receipt of Reimbursement from the American Rescue Plan for Costs Related to the COVID-19 Pandemic. (CITY) D13. Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and the Executive Management Employee Group. (RESOLUTION NO. 2021-019) (CITY) D14. Consideration to Adopt Resolution Supporting the City of Rancho Cucamonga's Submittal to Congress Member Pete Aguilar for Consideration under the Community Project Funding Initiative. (RESOLUTION NO. 2021-021)(CITY) . MOTION: Moved by Council Member Hutchison, seconded by Council Member Spagnolo, to approve Consent Calendar Items D1 through D14 with Council Member Scott abstaining on item D3, 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. Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests Located at 8583 Etiwanda Avenue (APN 0229-141-13) for Public Purposes in Connection with the Etiwanda East Side Widening Project. (RESOLUTION NO. 2021-018) (CITY) City Manager Gillison introduced Curt Billings, Associate Engineer and Regina Danner, Attorney at Richards Watson and Gershon Law, who presented the staff report for Item F1. Associate Engineer Billings and Attorney Danner detailed the Etiwanda Avenue East Side Project, existing project conditions, proposed improvements, right-of-way needs and public interest of the Etiwanda East Side Widening Project. Mayor Michael opened the Administrative Hearing. No public communications were made. Mayor Michael closed the Administrative Hearing. Mayor Michael asked if negotiations could continue after approval of the Resolution of Necessity. Associate Engineer Billings answered, yes. MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, adopt Resolution No. 2021-018 and staff's recommendation. Motion carried unanimously, 5-0. April 7, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 5 of 9 G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT G1. Consideration of Resolution No. 2021-016 Adopting the Central Park Master Plan and Resolution No. 2021-017 Certifying the Environmental Impact Report for the Master Plan. (RESOLUTION NO. 2021-016 & RESOLUTION NO. 2021-017)(CITY) City Manager Gillison introduced Jeff Benson, Acting Parks Superintendent and David Eoff, Senior Planner, who presented a PowerPoint for Item G1. Acting Parks Superintendent Benson shared the history and process of the certification of the Central Park Environmental Impact Report and Master Plan Adoption. The City's Environmental Consultant, Paula Fell, Senior Environmental Planner from Tetra Tech Inc.,shared the project segment plan and detailed the Environmental Impact Report process and Study Level list for project elements. Mr. Benson recommended approval of Resolution Nos. 2021-016 and 2021-017, adopting the Central Park Master Plan and Certifying the Environmental Impact Report for the Master Plan. Correspondence was received via email by the California Native Plant Society regarding the Final Central Park Master Plan Update revision Final Program (EIR) and was provided to the City Council on April 7, 20201. Mayor Michael opened the Public Hearing. No public communications were made. Mayor Michael closed the Public Hearing. Discussion ensued regarding the Environmental Impact Report (EIR) applying to the Central Park Master Plan project phases. City Attorney Markman noted that the City received a late filing letter from California Native Plant Society regarding Scale Broom Scrub species. Mr. Markman stated that the City's environmental consultants from ELMT Consulting and Tetra Tech Inc. went through the CEQA process and have taken the position that those plants don't present a significant environmental impact by the build out of the park and are not a native occurrence. City Attorney Markman noted that in regard to the disagreement amongst environmental experts and from a legal point of view the conclusion reached by the experts is substantial and significant to rely on. The City's Environmental Consultant, Tom McGill, Project Biologist from ELMT Consulting responded to the letter submitted by the California Native Plant Society and reported that the Scale Broom Scrub plant is not an endangered species, that there is no scour effect in the project area, that a grass habitat is not present, and there is no long term viability for conservation in that area. MOTION: Moved by Council Member Spagnolo, seconded by Council Member Scott, to adopt Resolution No. 2021-016, approving the Central Park Master Plan and Resolution No. 2021-017 certifying the Environmental Impact Report for the Master Plan. Motion carried unanimously, 5-0. April 7, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 6 of 9 H. CITY MANAGERS STAFF REPORT(S) H1. Sports Fields and Parks Inclement Weather Policy Report. (CITY) City Manager Gillison introduced Jeff Benson, Acting Parks Superintendent, and Jenny Hanlon, Community Services Supervisor who presented a PowerPoint for Item H1. Community Services Supervisor Hanlon informed that the current Sports Fields and Park Inclement Weather Policy was first established in 1989 and that the purpose of updating the policy is to ensure safe playing conditions for sport field users during and/or after inclement weather conditions and to outline a formal process for closing City parks and fields to prevent damage. Acting Parks Superintendent Benson informed on current practices to evaluate field conditions, various methods used to identify characteristics of over saturation in sport fields and the effects of playing on an over saturated sports field. Staff reviewed the next steps: Community Services Department staff and Public Works staff will work together to address updates needed to the policy, updates will be made to the policy to better serve Rancho Cucamonga's Sports Advisory Committee members and park users and revisions to the policy will be recommended to City Council at the May 4, 2021 City Council Meeting. Discussion ensued regarding the use of various methods/ tools used to evaluate over saturation in sports fields, placement of signs, communication/ outreach efforts, staffing, collaboration with the Sports Advisory Committee, weather variations within the City, Air Quality Management, development of an equitable and consistent policy, avoiding a "One Size Fits All" policy and maintaining transparency with all sport field users. City Manager Gillison ensured that staff would work together with the Sports Advisory Committee to develop a consistent and cohesive Sports Fields and Parks Inclement Weather Policy. City Council received and filed the report. H2. Consideration to Approve the Installation of Signs to Mark the Location of the Old Spanish Trail, a National Historic Trail. (CITY) City Manager Gillison introduced Ian Tai, Assistant Engineer, who presented a PowerPoint for Item H2. Assistant Engineer Tai spoke on the historic value of the Old Spanish Trail and proposed that three (3) signs be installed to help mark and preserve the Old Spanish Trail, a National Historic Trail. He proposed the following three (3) locations for sign installation: East Avenue, South of Banyan; Base Line and Spruce (near Central Park) and near Foothill and the Pacific Electric Trail, near Red Hill. In response to Council questions, Assistant Engineer Tai stated that existing City poles would be utilized and that the signs would be installed and reinforced by the Public Works Department at a height of over 7ft and the signs will contain anti -graffiti coating to evade vandalism. MOTION: Moved by Council Member Scott, seconded by Council Member Spagnolo, to approve the installation of signs to mark the location of the Old Spanish Trail, a National Historic Trail. Motion carried unanimously, 5-0. April 7, 2021 1 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 I. COUNCIL BUSINESS 11. Consideration to Adopt the 2021 City Council Goals. (CITY) City Manager Gillison introduced the item reporting City Council goals were discussed at the annual goal setting session. Deputy City Manager Elisa Cox who summarized City Council 2020 completed goals, current goals and four new goals. The four new goals are: By the end of October 2021 and the California legislative session, the City of Rancho Cucamonga will actively participate in State -level discussions and develop specific internal proposals to support future legislative action for an equitable distribution of e-commerce revenue to all cities in California. 2. By the fourth quarter of 2021, the Police Department will move in and be fully operational at the West Side Public Safety Facility, and the Fire District will submit to the Council a contract for consideration for the design -build of Station 8 as next steps in expanding the City's public safety footprint and improving response times. 3. By the second quarter of 2022, staff will provide a phased multi -year plan for the City Council's consideration that analyzes and provides recommendations for the transformation of Haven Avenue, focusi g on key vacant properties and right of way improvements. This plan will also support development opportunities related to the station for the Ontario Airport Loop and high-speed rail, along With the ongoing development of The Resort project, all of which are located between Haven and Milliken Avenue. 4. By the third quarter of 2022, City staff will provide a report for the City Council's consideration that will include analysis on costs and timeframes to develop an Economic Development Strategic Reserve to be used for acquisition and development of key properties in the city. Mayor Michael noted that he is enthused with the City's Economic Development Strategy of supporting local businesses and attracting new companies to locate in the City of Rancho Cucamonga. MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tern Kennedy, to Adopt the 2021 City Council Goals. Motion carried unanimously, 5-0. 12. COUNCIL ANNOUNCEMENTS None. 13. INTER -AGENCY UPDATES Mayor Michael reported on his attendance at a San Bernardino County Transportation Authority Board of Directors (SBCTA) meeting in which the SBCTA Board announced that the Federal Transit Administration (FTA) is allocating $86.75 million in funding to the West Valley Connector project that will link Ontario International Airport, two Metrolink lines and multiple activity centers from Pomona to Rancho Cucamonga. City Manager Gillison noted that the West Valley Connector project would tie together key destinations and bring new opportunities to the region. April 7, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 8 of 9 J. CITY ATTORNEY ITEMS None K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Mayor Michael adjourned the City Council Meeting at 8:44 p.m. Respectfully submitted, in A. Trojan, MMC zy Clerk Services Director Approved: May 5, 2021 — Regular Meeting April 7, 2021 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