HomeMy WebLinkAbout2021/04/21 - Minutes April 21, 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 21, 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 5:20 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), 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 21, 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 8
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 PROPERTIES LOCATED AT: 7089 ETIWANDA AVE. (APN 0227- 121-56); HAVEN
AVE. (APN:0208331-47); 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)
D9. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(A) - SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT V.
CITY OF RANCHO CUCAMONGA; CASE NO. CIVRS 1603632.- (CITY)
D10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA,
CA (THE EPICENTER ENTERTAINMENT & ADULT SPORTS COMPLEX); NEGOTIATING
PARTIES: JOHN GILLISON, JENNIFER HUNT-GRACIA AND WILLIAM WITTKOPF,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND MOSHSIN MALIK, ZT BASEBALL;
REGARDING PRICE AND TERMS—(CITY)
D11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT THE SOUTHERLY TERMINUS OF LAYTON
STREET SOUTH OF LA MESA DRIVE, RANCHO CUCAMONGA; NEGOTIATING PARTIES JOHN
GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA REGARDING
INSTRUCTIONS FOR NEGOTIATING THE PRICE, TERMS OF PAYMENT, OR BOTH—(CITY)
D12. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION: INITIATION OF LITIGATION
PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION
54956.9: (1 CASE)—(CITY)
E. RECESS The closed session recessed at 6:55 p.m.
April 21, 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 2 of 8
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 21, 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 7:01 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 Linda A. Troyan,
MMC, Director of City Clerk Services.
Council Member Hutchison 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
Mayor Michael announced that item B2 would be heard first, followed by item B1.
B2. Presentation on the California Low-Cost Auto Insurance Program by Peter Meza, Department of
Insurance, State of California.
Via video presentation Peter Meza, Department of Insurance, State of California, showcased the California
Low-Cost Auto Insurance Program and details on how to sign up for the program.
B1. Welcome and Updates by Senator Rosilicie Ochoa Bogh, California State Senate 23rd District.
Via teleconference Senator Rosilicie Ochoa Bogh, California State Senate 23rd District. Senator Ochoa Bogh
shared legislative updates and congratulated the City of Rancho Cucamonga on receiving the"All-America City"
designation by the National Civic League.
April 21, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga Page 3 of 8
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.
City Clerk Services Director Troyan announced that an email was received by Gary Fernandes regarding a complaint
and that a copy would be provided to the City Council and City Manager.
Via phone call, Janet Walton, offered a prayer.
Via phone call, Grant Ross, spoke in opposition of item H2 and the impact of the moratorium on his proposed 7-
Eleven Service Station project on Archibald Avenue.
D. CONSENT CALENDAR
D1. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of$2,052,851.01
and City and Fire District Weekly Check Registers(Excluding Checks Issued to Southern California
Gas Company in the Total Amount of$6,326,187.32 Dated March 29, 2021 Through April 11, 2021.
(CITY/FIRE)
D2. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern
California Gas Company in the Total Amount of$23,354.92 Dated March 29, 2021 Through April 11,
2021. (CITY/FIRE)
D3. Consideration to Receive and File Current Investment Schedules as of March 31, 2021 for the City of
Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (FIRE/CITY COUNCIL)
D4. Consideration of Amendment No. 3 to the Professional Services Agreement with Inland Empire
Property Services for Weed and Fire Hazard Abatement Services in the Amount of$30,000, Increase
the Contract Term from Five Years to Seven Years, and Authorization of an Appropriation in the
Amount of$30,000. (FIRE)
D5. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light
Maintenance Districts No's. 1 and 2 Related to Case No. PMT2020-05213, Located at 6057 Burgundy
Avenue. (RESOLUTION NO. 2021-023) (RESOLUTION NO. 2021-024) (RESOLUTION NO.
2021-025) (CITY)
D6. Consideration of a Resolution Adopting a Salary Schedule for the Rancho Cucamonga Management
Association and Approving Changes to the Rancho Cucamonga City Employee Association and Part
Time City Positions Salary Schedule for Fiscal Year 2020-21. (RESOLUTION NO. 2021-026) (CITY)
D7. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light
Maintenance Districts No's. 1 and 2 Related to Case No. PMT2020-03289, Located at 9030 Whirlaway
Court. (RESOLUTION NO. 2021-027), (RESOLUTION NO. 2021-028) AND (RESOLUTION NO.
2021-029) (CITY)
D8. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light
Maintenance Districts No's. 1 and 2 Related to Case No. PMT2020-04586, Located at 10943
Beechwood Drive. (RESOLUTION NO. 2021-030), (RESOLUTION NO. 2021-031) AND
(RESOLUTION NO. 2021-032) (CITY)
D9. Consideration to Accept Public Improvements for the Traffic Signal Battery Backup System
Replacement FY 19-20 as Complete, file a Notice of Completion, and Authorize Release of Retention
and Bonds. (CITY)
April 21, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga Page 4 of 8
D10. Consideration to Approve and Execute a Purchase and Sale Agreement Between the City of Rancho
Cucamonga and Core5 Industrial Partners, LLC for Property Commonly Known as APN
0229-021-97-0000 Generally Located at the North East Corner of Arrow Route and Rochester Avenue.
(CITY)
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Hutchison, to approve Consent
Calendar Items D1 through D10 with Council Member Scott abstaining on item D2, 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)
No items.
G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT
No items.
H. CITY MANAGERS STAFF REPORT(S)
H1. Consideration of a Resolution Adopting the Rancho Cucamonga Municipal Utility's Updated
Resource Adequacy Program. (RESOLUTION NO. 2021-022) (CITY)
City Manager Gillison introduced Fred Lyn, Deputy Director of Engineering/ Utilities & Environmental Services,
who presented a PowerPoint for Item H1. He informed the Rancho Cucamonga Municipal Utility's Updated
Resource Adequacy Program is a regulatory compliance program developed to ensure that there will be sufficient
physical resources available to serve electric demand under the most extreme conditions. Deputy Director of
Engineering Lyn recommended adoption of Resolution No. 2021-022, adopting the Rancho Cucamonga
Municipal Utility's Updated Resource Adequacy Program.
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to adopt Resolution No.
2021-022, adopting the Rancho Cucamonga Municipal Utility's Updated Resource Adequacy Program. Motion
carried, 5-0.
H2. Introduction and Adoption of Urgency Zoning Ordinance No. 980, to Establish an Interim Urgency
Zoning Ordinance to Establish a Moratorium for a Period of 45 Days on the Approval of Building
Permits or Other Entitlements for New Service Station Uses or the Expansion of Existing Service
Station Uses. (4/5 Vote Required) (CITY) (INTERIM URGENCY ORDINANCE NO. 980)
City Manager Gillison introduced Item H2 and provided a summary of the four applications under the City's review
as discussed at the April 21, 2021 Special Meeting at 4:00 p.m. and recommended that the City Council adopt
Urgency Zoning Ordinance No. 980 with the following proposed revision to Section 4C as follows:
C. Notwithstanding the foregoing, the moratorium established by this Interim Urgency Ordinance shall not apply
to the following:
(1) The improvement, renovation, or demolition of an existing service station, provided that such development
otherwise conforms to applicable law, does not result in an increase to the number of gas pumping facilities, does
not add any new accessory uses on site, and does not require a discretionary entitlement to perform such
improvement, renovation, or demolition;or
(2)An application for a service station that has been deemed complete or received all discretionary entitlements
as of the moratorium's effective date, provided that the City has issued a building permit for construction or
April 21, 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 8
redevelopment of the proposed service station within six months of the moratorium's effective date. The
moratorium shall thereafter apply to these applications if a building permit has not been issued within that six
month period.
Council discussion ensued following the Staff presentation. Council discussed the timeline and possible
extensions of the moratorium and clarified that the moratorium is not intended to stop Service Stations. Discussion
centered on application and building permit process during moratorium, city wide geographical span of
moratorium, downturn in annual sales tax revenue for service stations and the increased interest in the
development of service stations.
MOTION: Moved by Council Member Scott, seconded by Council Member Spagnolo, to adopt Urgency Zoning
Ordinance No. 980 with the proposed revision to Section 4C to include: C. Notwithstanding the foregoing, the
moratorium established by this Interim Urgency Ordinance shall not apply to the following: (1) The improvement,
renovation, or demolition of an existing service station, provided that such development otherwise conforms to
applicable law, does not result in an increase to the number of gas pumping facilities, does not add any new
accessory uses on site, and does not require a discretionary entitlement to perform such improvement,renovation,
or demolition; or (2) An application for a service station that has been deemed complete or received all
discretionary entitlements as of the moratorium's effective date,provided that the City has issued a building permit
for construction or redevelopment of the proposed service station within six months of the moratorium's effective
date. The moratorium shall thereafter apply to these applications if a building permit has not been issued within
that six month period, by title only and waive further reading.
Linda Troyan, City Clerk Services Director read the title of Urgency Zoning Ordinance No. 980
VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded by Council Member Spagnolo,
to adopt Urgency Zoning Ordinance No. 980 with the proposed revision to Section 4C to include: C.
Notwithstanding the foregoing, the moratorium established by this Interim Urgency Ordinance shall not apply
to the following: (1) The improvement, renovation, or demolition of an existing service station, provided that
such development otherwise conforms to applicable law, does not result in an increase to the number of gas
pumping facilities, does not add any new accessory uses on site, and does not require a discretionary
entitlement to perform such improvement, renovation, or demolition; or(2)An application for a service station
that has been deemed complete or received all discretionary entitlements as of the moratorium's effective date,
provided that the City has issued a building permit for construction or redevelopment of the proposed service
station within six months of the moratorium's effective date. The moratorium shall thereafter apply to these
applications if a building permit has not been issued within that six month period, by title only and waive further
reading. Motion carried 5-0.
April 21, 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 8
I. COUNCIL BUSINESS
11. Consideration of Forming an Ad Hoc Committee to Review Planning Commission Applications.
(CITY)
City Manager Gillison informed that the Planning Commission recruitment was successful and
yielded 25 applicants. City Manager Gillison noted that while the full City Council usually
interviews all applicants, that it is not feasible given the unusually large number of applicants. He
stated that to comply with the City Code, staff has devised an alternative application process:
1. The City Council appoints an Ad Hoc Committee consisting of the Mayor, one Council
Member, the City Manager, and the Deputy City Manager of Economic and Community
Development.
2. The Ad Hoc Committee will conduct a paper review of applications and determine the top
15 applicants. Emphasis will be given to skills, abilities, or experience, which will
complement the current Planning Commission and assist with the new General Plan's
approval and implementation.
3. The Ad Hoc Committee will conduct a brief screening interview of the Top 15 applicants
and determine the Top 7.
4. The Top 7 applicants will be invited to an in-depth interview with the full City Council.
5. City Council will select the Top 3 applicants for appointment to the Planning Commission.
6. If additional strong candidates are identified through this process, they will be placed on
a list for consideration to fill potential future vacancies over the next 12-24 months.
City Manager Gillison recommended the City Council form the Ad Hoc Committee, appoint the
members as noted above, and select one Council Member to participate along with the Mayor.
Council Member Spagnolo nominated Council Member Scott to serve on the Ad Hoc Committee.
MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tern Kennedy, to form an Ad Hoc
Committee consisting of the Mayor, Council Member Scott, the City Manager, and the Deputy City Manager of
Economic and Community Development to Review Planning Commission Applications as outlined in the staff
report. Motion carried 5-0.
12. COUNCIL ANNOUNCEMENTS
None.
13. INTER-AGENCY UPDATES
Council Member Hutchison reported on his attendance at a Solid Waste Advisory Task Force meeting and
informed on a SB-1383 Implementation presentation by CalRecycle. Council Member Hutchison noted
that SB-1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal
of organic waste from the 2014 level by 2020, and a 75 percent reduction by 2025.
J. CITY ATTORNEY ITEMS
None.
April 21, 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 8
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
L. ADJOURNMENT
Mayor Michael adjourned the City Council Meeting at 7:55 p.m.
Respectfully submitted,
da . Troyan, MMC
City lerk Services Director
Approved: May 19, 2021 — Regular Meeting
April 21, 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 8