HomeMy WebLinkAbout2021/08/04 - Minutes August 4, 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,August 4, 2021, in the
Tri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga,
California. Mayor Pro Tern Kennedy called the meeting to order at 5:00 p.m.
Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo and Mayor Pro Tem Lynne
Kennedy. Absent: 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)
Al. 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)
A2. 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)
A3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE 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)
A4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT 12963 WHITTRAM AVENUE, RANCHO
CUCAMONGA, CA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX
ASSESSOR'S PARCEL NUMBER 0229-162-14. NEGOTIATING PARTIES, JOHN GILLISON, CITY
MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, REGARDING
INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE AND TERMS. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. —(CITY)
A5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST AND SOUTHEAST
CORNERS OF ETIWANDA AVENUE AND NAPA STREET AND FURTHER IDENTIFIED AS SAN
BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0229-291-22 AND 0229-291-23.
NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF
RANCHO CUCAMONGA, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING
PRICE AND TERMS. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS
SET FORTH ABOVE.—(CITY)
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A6. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE
TO LIT113ATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 2
CASES THE CITY HAS RECEIVED LETTERS FROM TWO ENTITIES THREATENING LITIGATION
IN CONNECTION WITH THE ADOPTION OF ORDINANCE NO. 982 . THE LETTERS ARE
AVAILABLE FOR INSPECTION IN THE CITY CLERK'S OFFICE. —CITY
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No public communications were made.
C. CITY MANAGER ANNOUNCEMENTS
None.
D. CONDUCT OF CLOSED SESSION
E. RECESS
The closed session recessed at 6:55 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 August 4, 2021,
in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor
Pro Tern Kennedy called the meeting to order at 7:00 p.m.
Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo and Mayor Pro Tern Lynne
Kennedy. Absent: Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; James L. Markman, City Attorney, and Patricia Bravo-Valdez,
Deputy Director of City Clerk Services.
Council Member Spagnolo led the Pledge of Allegiance.
A. AMENDMENTS TO THE AGENDA
None.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of a Certificate of Recognition to Chef Eugenio "Geno" Rodriguez in Honor of his
Outstanding Efforts and Continued Service to the Healthy RC C.A.S.A. Cooking Class for Over 10 years.
Management Aide, Joanna Marrufo, shared Chef Eugenio "Geno" Rodriguez' dedication to the community
showcasing his leadership in the Healthy RC C.A.S.A. Cooking Class. She noted that Chef Rodriguez helped
community members make the healthy choice the easy choice with healthy recipes. Mayor Pro Tern Kennedy and
Members of the'City Council presented a Proclamation to Chef Eugenio"Geno" Rodriguez.
B2. Presentation of Rancho Cucamonga's Ranking—Best Cities for Black Women to Flourish Financially.
Paige Garcia, Management Aide and Annette Mumolo, Senior Community Affairs Coordinator, presented a
PowerPoint sharing that the City of Rancho Cucamonga was recently included as a top city in the U.S. in
MoneyGeek's 2021 Best Cities for Black Women to Flourish Financially analysis.
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C. PUBLIC COMMUNICATIONS
Janet Walton offered a prayer.
Tom Rheiner spoke in support of item H2 and suggested that the City work with local schools to alert parents of the
new Residential Permit Parking District on De Anza Drive, Emery Place, Meyers Drive, and Danner Court.
Kelly Soiles and Danielle Frazer representing One &All Church thanked the City for their support and offered to be
a community partner with available resources such as a food distribution program for the community.
Philip Hakopian shared traffic safety concerns and requested increased police presence to enforce traffic safety
laws.
City Manager Gillison referred Mr. Hakopian to speak with the Chief of Police to obtain more information on traffic
enforcement.
D. CONSENT CALENDAR
D1. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of$1,869,868.92
and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California
Gas Company) in the Total Amount of $3,905,174.15 Dated July 12, 2021 Through July 25, 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$341.04 Dated July 12, 2021 Through July 25, 2021.
(CITY/FIRE)
D3. Consideration to Accept Public Improvements on the South Side of Cougar Court, Related to Case
No. DRC2016-00038 and Previously Subdivided Parcels of Land in the Low (L) District in relation to
Parcel Map 16884, as Complete, File a Notice of Completion, and Authorize Release of Bonds.(CITY)
D4. Consideration of an Appropriation in the Amount of $15,973 from the Municipal Utility Fund (Fund
705)for the Comar Inc. Power Upgrade Project. (CITY).
D5. Consideration of Amendment No. 04 to the Professional Services Agreement with Magellan Advisors,
LLC (CO18-103)for Fiber Optic Project Management and Design Services for Fiscal Year 2021/22.
(CITY)
D6. Consideration to Approve Parcel Map 20301 Located at 11061 and 11031 Jersey Boulevard Related
to Case No. SUBTPM20301. (CITY).
D7. Consideration to Accept Public Improvements Located at the Southwest Corner of Arrow Route and
Helms Avenue at 9393 Arrow Route per the Improvement Agreement Related to Case No.
DRC2018-00139, as Complete, File the Notice of Completion, and Authorize Release of Bonds.
(CITY).
D8. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light
Maintenance Districts Nos. 1 and 2 Related to Case No. PMT2021-00438, Located at 8763 Brilliant
Lane. (RESOLUTION NOS. 2021-87, 2021-88, 2021-89)(CITY).
D9. Consideration of Reimbursement Payment for Underground Utilities Improvements Related to Case
No. DRC2006-01012 and Authorization of an Appropriation of$76,880. (CITY)
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D10. Consideration of the Purchase of Asphalt Materials on an As Needed Basis from Holliday Rock of
Upland, California in an amount Not to Exceed $165,000 for FY 2021/22. (CITY)
D11. Considdliration to Approve the Renewal of Contract CO 19-187 with West Coast Arborists, Inc. for
Citywide Tree Maintenance Services During FY 2021/2022 and Authorize the City Manager to Renew
the Contract Annually. (CITY)
D12. Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga City Employees
Association Salary Schedules for Fiscal Year 2021-2022. (RESOLUTION NO. 2021-081)(CITY).
D13. Consideration of a Professional Services Agreement with Sidepath, Inc. for Data Center Support
Services in the total amount not to exceed $200,000. (CITY)
D14. Consideration to Award Contract to Golden State Construction for the Civic Center COVID and ADA
Improvement Project. (CITY)
D15. Consideration to Approve and Execute a Purchase and Sale Agreement Between the City of Rancho
Cucamonga and Cucamonga Valley Water District for Property Commonly Known as APN
0208-151-24 Generally Located at the Southwest Corner of San Bernardino Road and Klusman Road,
and Appropriate American Rescue Plan Act(ARPA) Funds for the Purchase as Indicated in the Staff
Report. (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 D2 due to her employment
with Southern California Gas Company. Motion carried, 4-0-1. Absent: Mayor Michael.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
No items.
F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of Resolutions Denying Minor Design Review DRC2020-00138 and Conditional Use
Permit 0RC2020-00087, and a Resolution Approving Tentative Parcel Map SUBTPM20164.
(RESOLUTION NOS. 2021-082, 2021-083, 2021-084) (CITY)
City Manager Gillison provided an overview of item F1. City Manager Gillison noted that the item includes the
Resolutions that,derived from the City Council's decision at the July 7, 2021 Regular City Council Meeting. He
noted that at they July 7, 2021 City Council Meeting, Council ultimately decided to deny Minor Design Review
DRC2020-00138 and Conditional Use Permit DRC2020-00087, the Council also voted to approve Tentative
Parcel Map SUBTPM20164 which permits the subdivision of the existing parcel into two new parcels. He
recommended that the City Council adopt resolutions denying Minor Design Review DRC2020-00138 and
conditional Use Permit DRC2020-00087 and adopt a Resolution approving Tentative Parcel Map SUBTPM20164.
Mayor Pro Tern Kennedy opened the Administrative Hearing.
There were no public communications.
Mayor Pro Tern Kennedy closed the Administrative Hearing.
MOTION: Move by Council Member Scott, seconded by Council Member Spagnolo to adopt Resolutions No.
2021-082, 2021',083 and 2021-084, denying Minor Design Review DRC2020-00138 and Conditional Use Permit
DRC2020-0008 , and Approving Tentative Parcel Map SUBTPM20164. Motion carried, 3-1-1. Opposed:
Hutchison, Absent: Mayor Michael.
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G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT
G1. A Public Hearing to Consider an Appeal of the Planning Commission's Denial of a Request for a
Conditional Use Permit to Operate an Auto and Vehicle Storage Facility Located at 9910 6th Street in an
Existing Industrial Building within the General Industrial (GI) District—APN:0209- 211-42 and 43
(DRC2021-00213). This Item is Exempt from the Requirements of the California Environmental Quality
Act Pursuant to CEQA Guidelines Section 15061(b)(4) as a Project which is Disapproved by the City.
(RESOLUTION NO. 2021-085) (CITY)
City Manager Gillison introduced Sean McPherson, Senior Planner, who presented a PowerPoint presentation
providing the background and overview of the Conditional Use Permit Appeal of the Planning Commission's
Denial of a Request for a Conditional Use Permit to Operate an Auto and Vehicle Storage Facility Located at
9910 6th Street in an Existing Industrial Building within the General Industrial (GI) District. Senior Planner
McPherson noted that conducting a discretionary review allows staff and the applicant to consider the context of
a project, its potential impacts on the surrounding properties, and if a project meets the goals and policies of the
general plan. He shared the two primary concerns with the project: 1.)zoning/impacts to surrounding properties
and 2.)inconsistency with General Plan land use/economic development goals and policies. He closed by stating
that the project fails to comply with certain general plan goals and policies related to land use and economic
development and recommended the City Council deny the appeal and uphold the Planning Commission's
decision to deny the subject Conditional Use Permit.
Mayor Pro Tern Kennedy opened the Public Hearing.
Matthew Nelson, Gresham Savage Nolan & Tilden, representing the appellant, Brookfield Properties the owner
of 9910 Sixth Street, spoke in opposition of item G1 and stated that the denial of the appeal by the Planning
Director and Planning Commission lacks any reason, accountability or basis in law. He concluded by asking that
the City Council respectfully sustain the appeal.
Adam Schmid, Vice President of Development, Brookfield Properties, spoke in opposition of item G1 and shared
his disagreement with the analysis presented by City staff. He clarified a discrepancy discussed at the Planning
Commission Meeting regarding employment and noted that the total projection for jobs was 70 from which 40
would be new jobs and 30 would be relocated employees. He noted that it was a reduction as they had previously
quoted 97 people would be employed. He concluded by asking that the City Council overturn the Planning
Commission's Denial of a Request for a Conditional Use Permit to Operate an Auto and Vehicle Storage Facility
Located at 9910 6th Street.
Mayor Pro Tern Kennedy closed the Public Hearing.
City Manager Gillison asked staff to respond and address the constant moving number of projected employment
numbers provided by Brookfield Properties.
Senior Planner McPherson noted that the original estimate was 25-30 employees. The subsequent estimated
number of employees at the Planning Commission was then changed to 97 employees and now the number of
employees has changed to 70 employees.
Council discussion ensued regarding diesel trucks, net zero trucks, emissions, truck routes, equity, highest and
best use of properties in the area, economic development opportunities and proximity to local establishments and
impacts to surrounding neighborhoods.
Director of Engineering Services, Jason Welday, clarified the areas un-restricted trucking routes.
City Attorney Markman asked the applicant if they are leasing a parking lot to a specific company that is not open
to the general public and inquired on the primary use of the property.
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Adam Schmid, ice President of Development, Brookfield Properties responded that the company is not open to
the general publ c and that the company would use limited office space but essentially the company is using the
property to park heir fleet.
MOTION: Movell by Council Member Scott, seconded by Council Member Spagnolo to adopt Resolution No.
2021-085,denying the Appeal and upholding the Planning Commission's decision to deny Conditional Use Permit
DRC2020-00439, a request to operate an auto and vehicle storage use within the General Industrial (GI) District
located at 9910 6th Street; and making findings in support thereof — APN: 0209-211-42 And 43. (DRC2021-
00213).Motion carried, 4-0-1. Absent: Mayor Michael.
G2. Continued Public Hearing for Consideration of General Plan Amendment DRC2018-00533 and Zoning
Map Amendment DRC2018-00534—Alan Smith for Arbor Express Car Wash —A Request for General
Plan and Zoning Map Amendments to Change the Land Use and Zoning Designation for One
Project-Specific Parcel of Land (APN: 0208-291-03) from Low Medium (LM) Residential District to
General Commercial (GC) District and for Two Non-Project Specific Adjacent Parcels of Land
(0208-291-01 and 0208-291-02) From Low Medium (LM) Residential District to Medium (M) Residential
District Related to a Proposed Car Wash Located Approximately 200 Feet East of Archibald Avenue on
the North Side of Arrow Route. (RESOLUTION NO. 2021-045)(CITY)(Continued from June 2, 2021 City
Council Meeting)
City Manager Gillison noted the receipt of a letter from Paige Gosney from Gresham Savage Nolan&Tilden, law
firm representing Arbor Express Auto Wash, requesting continuance of the public hearing. He noted that the date
of November 3, 2021 is agreeable by the applicant to continue the hearing date. Correspondence received was
provided to the City Council
Mayor Pro Tern Kennedy opened the Public Hearing.
Elliot Rothman �equested the City Council consider continuing the Public Hearing to the Regular Meeting of
November 17, 2021 instead of the proposed November 3, 2021 date.
Mayor Pro Tern Kennedy closed the Public Hearing.
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to continue the Public
Hearing item to the Regular City Council Meeting on November 17, 2021 at 7:OOPM in the Council Chambers,
10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Motion carried, 4-0-1.Absent: Mayor Michael.
H. CITY MANAGERS STAFF REPORT(S)
H1. Analysis of the Current State of Parking for the Area of Foothill Boulevard and San Bernardino Road.
(CITY)
City Manager Gillison introduced Associate Engineer, Baldwin Ngai, who presented a PowerPoint
presentation providing an analysis of the current state of parking for the area of Foothill Boulevard and San
Bernardino Road. He concluded by stating that staff is not recommending any changes to the existing
parking, but if a development for a new restaurant or office building moves forward with pulling permits, staff
can evaluate options for additional parking capacity.
Council Member Scott thanked staff for conducting the parking study for the area of Foothill Boulevard and
San Bernardino'IRoad.
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H2. Consideration of a Resolution to Create a Residential Permit Parking District on De Anza Drive,
Emery Place, Meyers Drive, and Danner Court Pursuant to Municipal Code Section 10.50.
(RESOLUTION NO. 2021-086) (CITY).
City Manager Gillison introduced Associate Engineer, Baldwin Ngai and Assistant Engineer, Chris Ellis, who
presented a PowerPoint providing background and overview of the proposed Residential Permit Parking District
on De Anza Drive, Emery Place, Meyers Drive, and Danner Court. Associate Engineer Ngai noted that the
proposed permit parking district is anticipated to alleviate impacts to the neighborhood and protect the
community's quality of life.
MOTION: Moved by Council Member Spagnolo seconded by Council Member Hutchison, to adopt Resolution
No.2021-086, establishing the"De Anza,et al."residential permit parking district on De Anza Drive, Emery Place,
Meyers Drive, and Danner Court. Motion carried, 4-0-1. Absent: Mayor Michael.
I. COUNCIL BUSINESS
11. Designation of Voting Delegates and Alternates for the League of California Cities (Cal Cities) Annual
Business Meeting. (CITY)
MOTION: Moved by Council Member Spagnolo seconded by Council Member Hutchison, to appoint Mayor Pro
Tern Kennedy as Voting Delegate and Council Member Scott as Alternate for the League of California Cities(Cal
Cities)Annual Business Meeting. Motion carried, 4-0-1. Absent: Mayor Michael.
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 Pro Tern Kennedy adjourned the meeting at 8:41 p.m.
Respectfully submitted,
Li a . Troyan, MMC
ity erk Services Director
Approved: October 20, 2021 — Regular Meeting
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