HomeMy WebLinkAbout2021/07/07 - Minutes July 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, July 7, 2021, in the
Tapia 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 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)
D2. 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)
D3. 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)
D4. 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)
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D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF HAVEN
AVENU11 AND CIVIC CENTER DRIVE IDENTIFIED AS PARCEL NUMBER 020833140; AND
020833147; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND MATT BURRIS,
DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND CHRIS
HYUN, JRC REAL ESTATE INVESTMENT CORP REGARDING PRICE AND TERMS. (CITY)
E. RECESS
The closed session recessed at 6:29 p.m.
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 July 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 7:02 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, MMC,
Director of City Clerk Services.
City Attorney, James L. Markman, led the Pledge of Allegiance.
City Manager Gillison announced that due to COVID-19 restrictions being lifted, all City Council meetings will be
open to the public moving forward, including today's first in-person meeting. He noted that the Public
Communications portion of the meeting would be conducted in person with speaker cards as the meeting was open
to the public, with many members of the public in attendance. Public testimony would no longer be taken via
teleconference.
A. AMENDIVIENTS',IO THE AGENDA
None. it
B. ANNOUI��EMEINTS/PRESENTATIONS
B1. Presentation of a Proclamation to Liliana Andriani, Outgoing Chamber of Commerce President and
Recognition of Angel Jewelers being Awarded as the 2021 Small Business of Distinction in the 40th
Assembly District.
Mayor Michael a6d Members of the City Council presented a Proclamation to Liliana Andriani, Outgoing Chamber
of Commerce President', and Recognition of Angel Jewelers being Awarded as the 2021 Small Business of
Distinction in the'40th Assembly District. Mayor Michael and Members of the City Council expressed their sincere
gratitude to Ms. �ndriani for her commitment and dedication to the City of Rancho Cucamonga.
B2. Presentation of a Certificate of Recognition to Rancho Cucamonga Police Department Deputy Joshua
Kelly for Heroically Saving the Life of an Unresponsive 10-day-old Baby.
Police Chief, Ernie Perez, shared details of the heroic event and thanked Deputy Joshua Kelly for his service and
commitment to the safety of the residents of Rancho Cucamonga. Mayor Michael and Members of the City Council
presented a certificate of recognition to Rancho Cucamonga Police Department Deputy Joshua Kelly for heroically
saving the life of an unresponsive 10-day-old baby.
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B3. Presentation on Water Safety and Drowning Prevention.
Patty Eickholt, Quality Improvement Nurse and Nuor Shatila, Administrative Assistant, presented a PowerPoint
providing a water safety and drowning prevention presentation. Together they informed the community of
drowning incident statistics, the ABC's of water safety, recent community engagement efforts and shared
information on a new Water Watcher Application available on mobile devices.
C. PUBLIC COMMUNICATIONS
There were no public communications.
D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Special Meetings of June 18, 2021 and June 28, 2021.
D2. Consideration to Approve City and Fire District Biweekly Payroll in the Total Amount of$1,850,275.32
and City and Fire District Weekly Check Registers(Excluding Checks Issued to Southern California
Gas Company) in the Total Amount of$3,482,652.14 Dated June 07, 2021 Through June 27, 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 $3,743.55 Dated June 07, 2021 Through June 27,
2021. (CITY/FIRE)
D4. Consideration to Cancel the Regular Meetings of the Fire Protection District, Successor Agency,
Public Financing Authority and City Council on October 6, 2021. (CITY/ FIRE)
D5. Consideration to Accept the Emergency Management Performance Grant Revenue in the Amount of
$26,725, Awarded by the California Office of Emergency Services and Administered by the San
Bernardino County Fire Department, Office of Emergency Services, Fiscal Year 2020. (CITY/FIRE)
D6. Consideration of Amendment No. 7 to Contract CO 16-114 with EMCOR Services/Mesa Energy
Systems for Citywide HVAC Maintenance and Repair Services in an Amount Not to Exceed $487,510
(City) and $65,700 (Fire)for FY 2021/2022. (CITY/FIRE)
D7. Consideration of Amendment No. 9 to the Professional Services Agreement with Able Building
Maintenance (CO13-008)for Window Cleaning Services in an Amount Not to Exceed $78,000 (City)
and $5,000 (Fire)for FY 2021/2022. (CITY/FIRE)
D8. Approval to Adopt an Annexation Map Showing Assessor Parcel Number 0201-043-55 (Mark Allen
Hartwig, Owner) Located at 10175 Snowdrop Road, Which is Proposed to be Annexed Into CFD No.
88-1; and Approval to Adopt a Resolution of Intention to Annex Territory Referred to as Annexation
No. 88-21-1 into Community Facilities District No.88-1, Specifying Services Proposed to be Financed,
to Set and Specify the Special Taxes Proposed to be Levied Within the Annexation Territory and Set
a Time and Place for a Public Hearing Related to the Annexation. (RESOLUTION NO. FD 2021-019)
(RESOLUTION NO. FD 2021-020) (FIRE)
D9. Consideration of the Purchase of One (1) RT Electric Fire Engine from Rosenbauer Minnesota, LLC
in the Amount of$1,296,380. (FIRE)
D10. Consideration of Amendment No. 002 to the Professional Services Agreement with Mary McGrath
Architects for Conceptual Design Services for the Fire Station 178 Project in the Amount of$44,540;
and Authorization to Appropriate $12,130 for the City's Portion of the Amendment. (CITY/FIRE)
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11
D11. Consideration of a Resolution Adopting the Rancho Cucamonga Municipal Utility's Physical Security
Plan for 2021. (RESOLUTION 2021-062). (CITY)
D12. Consideration of an Appropriation in the Amount of$489,000 from the Law Enforcement Reserve fund
for the Purchase of Fixed Position Automated License Plate Reader Cameras to be Installed at Four
Intersections. (CITY)
D13. Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus (COVID-19)
Pandemic. (CITY)
D14. Consideration of Amendment No. 01 to Managed Services Agreement with Advanced Utility Systems
(CO18-087)for the Rancho Cucamonga Municipal Utility CIS Infinity Software Billing Platform. (CITY)
D15. Consideration of Approval of Resolutions Ordering the Preparation of the Annual Engineer's Reports
to Initiate Proceedings to Levy Annual Assessments; Approving the Preliminary Annual Engineer's
Reports; and Declaring the City Council's Intention to Levy Annual Assessments Within Landscape
Maintenance District Nos. 1, 2, 313, 4-R, 5, 6-R, 7, 8, 9, and 10; Street Lighting Maintenance District
Nos. 1, 2, 3,4, 5, 6, 7, and 8; and Park and Recreation Improvement District No. PD-85 for Fiscal Year
2021/22 and Setting the Time and Place for a Public Hearing Thereon. (RESOLUTION NO'S.
2021-05 ,2021-054,2021-055,2021-056,2021-057,2021-058,2021-059,2021-060 AND 2021-061)
(CITY)
MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison,to approve Consent
Calendar Items D1 through D15, with Council Member Scott abstaining from 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)
No items.
G. ADVERT,SED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT
G1. Public (Wearing to Consider an Appeal of the Planning Commission's Decision to Approve
SUBTPM20164; DRC2020-00138; and DRC2020-00087 — Orbis Real Estate Partners, This Project
Consists of a Request to Develop a New Commercial Building with a Service Station and Convenience
Store Within the General Industrial (GI) District at the Southwest Corner of Archibald Avenue and 9th
Street on Property Addressed 8768 Archibald Avenue; APN: 0209-032-35. The Planning Commission's
Approval of the Project Qualified as a Class 32 Exemption Under State CEQA Guidelines Section 15332.
If the Ciy Council Denies the Project, the Project is Exempt under State CEQA Guidelines Section
15061(b (4) as a Project which is Disapproved by the City. (CITY)
City Manager Gi�lpison introduced Anne McIntosh, Planning Director, who presented a PowerPoint providing the
background and overview of the proposed project on 8768 Archibald Avenue. The presentation summarized the
applicant's request including allowing to split Tentative Parcel Map (TPM), Minor Design Review (MDR)
construction of new building and various site improvements and a Conditional Use Permit (CUP) to allow the
service station, and convenience store and the City Council's appeal. Planning Director McIntosh shared areas
of ongoing concerns regarding the project including: Service Station and Convenience Store concentration in
Southwest Cucamonga, hours of operation, nighttime lighting, potential for crime, limited Healthy food options not
meeting expectations of Healthy RC guidelines, on-sale alcohol service at restaurant, insufficient amenities for
neighbors and the orientation of the building to the back instead of Archibald.
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Staff concluded by stating that the proposed project was not the right combination for the location because of the
areas of concerns. Staff noted that if the applicant would like additional time to review and respond to new
evidence outlined in the staff report, Council could provide that opportunity by continuing the Public Hearing item
to the Regular City Council Meeting on July 21, 2021 or the City Council could continue the hearing and consider
staff's recommendation of directing staff to return on August 4, 2021 with resolutions to: deny the CUP for a
convenience store, deny the CUP for a service station, deny the MDR for the structure and approve the tentative
parcel map.
Staff noted the receipt of one (1) letter in opposition to item G1 from Melissa Myers Ferrell. Meeting Minutes of
the Historic Preservation Commission and Planning Commission meeting of May 12, 2021 were distributed as
additional material to item G1. Correspondence received and additional material was provided to the City Council.
Mayor Michael opened the Public Hearing.
Applicant Jonathan Shardlow, Gresham Savage, representing Orbis Real State Partners, addressed the City
Council and spoke on the various 7-Eleven amenities included in the project. Mr. Shardlow noted that the
orientation of the building as presented in the project renderings was designed and oriented that way because of
input received at community meetings. He spoke on the impacts of the current gas station moratorium and asked
the City Council for input on modifications to the project. He concluded by stating that he believes Orbis Real
State Partners have proposed a project of high standards and asked for the City Council's project approval,
approval of Tenant Parcel map and asked for a continuance of the public hearing.
Ten (10) public communications were made by Victoria Mageno, Mario Mageno, Rebecca Viveros, Kavin
Murugan, Guadalupe Galindo, Diane Gunther, Patricia Phillips, Nanette Heart, Cory Rodgers and Ursula Garcia
in opposition to item G1. Patricia Phillips submitted signed petitions in opposition of the proposed project.
Mayor Michael closed the Public Hearing.
City Manager Gillison asked Deputy City Manager Burris to address the issue of left turns brought up in public
communications and the turning movements related to the project area so that the community knows the City is
aware of the concern.
Deputy City Manager Burris informed that the City Engineer and staff have studied the intersection as part of the
traffic impact analysis necessary for the project application. He noted that the Archibald intersection does have
trucks and there are a number of industrial businesses in that vicinity and that City Engineers are aware of the
turning movement constraints and one of the things that the project has a condition for is to essentially rebuild
part of that intersection to have a 35 foot radius to accommodate truck traffic movements as well as a number of
signal timing changes to help accommodate or facilitate better intersection movements to facilitate larger vehicles
making turns.
Council discussion ensued regarding concerns of limited healthy food options, 7-Eleven applying for an alcohol
license in the future, public safety, 24-hour business operation, crime rates going up because of operating hours,
equity, school proximity, loitering, community needs, community engagement, market saturation and suggested
better uses of the site to address community needs such as a grocery store, sit-down restaurant, or market.
City Attorney, James L. Markman reviewed options for Council's consideration, to direct staff to prepare
resolutions for the next Council Meeting to make a final decision on this matter: options include returning with one
resolution denying entirety of applications or having two(2) resolutions, one denying entirety of applications with
the exception of the Parcel Map, to have a separate resolution. Discussion ensued and the following motion was
recommended: to bring back two resolutions, the first resolution would: deny the CUP for a convenience store,
deny the CUP for a service station and deny the MDR for the structure.The second resolution would approve the
tentative parcel map.
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MOTION: Moved by Council Member Scott, seconded by Mayor Pro Tern Kennedy, directing staff to bring back
two resolutions. The first resolution would: deny the CUP for a convenience store, deny the CUP for a service
station and deny the MDR for the structure. The second Resolution would approve the Tentative Parcel Map.
Motion carried, 4-1. Council Member Hutchison opposed.
The City Council recessed at 8:59 p.m. and reconvened at 9:08 p.m.
G2. Continued Public Hearing for Consideration of Introduction and First Reading of Ordinance No. 982, to
be Read by Title Only and Waive Further Reading,Amending Title 17(Development Code)of the Rancho
Cucamonga Municipal Code to Modify Administrative Procedures within the Development Code and
Establish New Zoning Districts, Amend Land Uses and Definitions and Create New Development
Standards for Industrial Development within the City. This Item is Exempt from the Requirements of the
California Environmental Quality Act (CEQA) and the City's CEQA Guidelines under CEQA Guidelines
Section 15061(b)(3) (DRC2021-00170). (Continued from June 16, 2021 City Council Meeting)
(ORDINANCE NO. 982) (CITY)
City Manager Gillison introduced Matt Burris, Deputy City Manager and Jennifer Nakamura, Management Analyst
Il, who presented a PowerPoint providing an overview of the proposed Industrial Code Amendment. The
PowerPoint presentation included the background, environmental analysis and a summary of topics including
impacts to existing uses and projects under construction, newly prohibited industrial uses, renewable power
generation, General Plan consistency, environmental analysis and emergent issues.
Staff noted the receipt of three(3) letters in opposition to item G2 from: Elizabeth Klebaner from Nossaman, LLP
(two letters received) and Hans Van Ligten from Rutan & Tucker, LLP (one letter received). Correspondence
received was provided to the City Council.
City Attorney Markman provided a legal overview regarding the CEQA exemption mentioned in the
correspondence received. He noted that the exemption does not apply as the letters admit that as far as what is
going on in Rancho Cucamonga the City is improving the environment with no negative impacts and added that
none of the letters suggest where else the projects will go to support their argument. He closed by stating that the
argument presented is based out of speculation and not well founded and agrees with staff.
Mayor Michael opened the Public Hearing.
Jonathan Shard w, Gresham Savage, representing Black Creek Group, expressed his gratitude to Planning
Department sta for their good faith effort in understanding the Industrial industry. He noted that balance was
achieved throug staff's outreach with the Industrial industry. He stated that he cautiously supports the standards
that were presented and noted that industry partners were not in agreement. He noted that when Section 20 of
Ordinance No. 982 was added he was able to gather support from the industrial industry. He closed by asking
the City Council to consider reinstating Section 20 and making it a part of the Industrial Code.
Mayor Michael closed the Public Hearing.
City Manager Gillison asked staff to address Mr. Shardlow's concerns. Mr. Gillison noted that it hasn't been a
problem for othel businesses that now require a CUP that if they go out of business and did tenant improvements
and remodeled/6hanged names to still have the same use.
Planning Director McIntosh addressed Mr. Shardlow's concerns and replied that historically there has not been
much regulation on industrial development, requiring use permits and conditional uses to come to conformity
overtime has been something that is common in Commercial and Residential Development. She added that there
is an importance and value to bringing older uses and buildings into conformance when there is an opportunity.
She closed by stating that the City is raising the bar by adding increased levels of review for industrial
developments.
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Management Analyst Nakamura noted that Conditional Use Permit processes are new and unfamiliar to the
industrial industry. She stated that staff is aware of businesses wanting continuity and added that staff feels the
180 days (6 months) is a generous timeframe. She concluded by stating that reviews of the types of uses are
important to ensure compatibility with the location.
Council discussion ensued regarding Section 20 of the proposed Ordinance and its duplicative properties as well
as impacted applicants/projects by the proposed Development Code Amendment.
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Scott, to introduce first reading of
Ordinance No. 982 by title only and waive further readings and include the amendments provided by staff adding
back the emergency shelter requirements and amending the Ordinance to remove Section 20.
Linda A. Troyan, MMC, Director of City Clerk Services, read the title of Ordinance No. 982.
VOTES NOW CAST ON MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Scott, to
introduce first reading of Ordinance No. 982 by title only and waive further readings and include the amendments
provided by staff adding back the emergency shelter requirements and amending the Ordinance to remove
Section 20. Motion carried unanimously, 5-0.
H. CITY MANAGERS STAFF REPORT(S)
No items.
I. COUNCIL BUSINESS
11. COUNCIL ANNOUNCEMENTS
Council Member Scott shared that she recently presented Rancho Cucamonga resident, Eda Aparicio with
a Certificate of Recognition in honor of Ms. Aparicio's 1001h Birthday.
12. INTER-AGENCY UPDATES
None.
J. CITY ATTORNEY ITEMS
City Attorney, James L. Markman, informed that a settlement was reached during today's Closed Session
with Hofer Properties, LLC and noted that a copy of the settlement agreement will be available for public
review in the City Clerk's office.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
L. ADJOURNMENT
Mayor Michael adjourned the meeting at 9:53 p.m.
Respectfully submitted,
an . Troyan, MMC
Cit Jerk Services Director
Approved: September 1, 2021 —Regular Meeting
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