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HomeMy WebLinkAbout2021/08/18 - Minutes August 18, 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 18, 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; Nick 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), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT GROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES AND FIRE MANAGEMENT EMPLOYEES GROUP — (CITY/FIRE) 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: 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 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) August 18, 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. CONF RENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTI N 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 022916214. 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) D6. 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 022929122 AND 022929123. 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) D7. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION 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 D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF HAVEN AVENUE 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. RECESSj The closed session recessed at 6:40 p.m. August 18, 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 it 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 18, 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; Nick Ghirelli, Assistant City Attorney; and Linda A. Troyan, MMC, Director of City Clerk Services. Mayor Pro Tern Kennedy led the Pledge of Allegiance. A. AMENDMENTS TO THE AGENDA Director of City Clerk Services, Linda Troyan, announced that item B4 on the agenda would be postponed to a future City Council Meeting. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Certificate of Sympathy in Memory of John Lyons, Longtime Community Member. Mayor Michael announced that at the conclusion of the City Council Meeting, the City Council would have a moment of silence and adjourn the meeting in memory of John Lyons, longtime community member. Mayor Michael noted that John Lyons was an original Rancho Cucamonga Fire Protection District Board Member dating back to the late 70's and 80's. He added that John Lyons was an enthusiastic supporter of the City for many decades and a resident of Rancho Cucamonga. The City and City Council expresses our heartfelt condolences to the Lyons family. Mayor Michael and Members of the City Council presented a Certificate of Sympathy to the Lyons family. B2. Presentation of a Proclamation to Len Tavernetti, Service Officer, Chapter #2929, Military Order of the Purple Heart, Designating Rancho Cucamonga as a Purple Heart City. Mayor Michael and Members of the City Council presented a Proclamation to Len Tavernetti, Service Officer, Chapter#2929, Military Order of the Purple Heart, Designating Rancho Cucamonga as a Purple Heart City. B3. Recognizing Arrowhead Credit Union's ArrowHeart Foundation for their Continued Support of our Rancho Cucamonga Station and the Sheriff's Department for Providing Basic Essentials to our Homeless Population. Rancho Cucamonga Chief of Police, Ernie Perez, expressed his gratitude to the ArrowHeart Foundation for their support in providing essential items for the community. Mayor Michael and Members of the City Council presented a Certificate of Recognition to the ArrowHeart Foundation. B4. Recognizing Sheriff's Services Specialist Gloria Huerta for 16 years of Service with Rancho Cucamonga Police Department. (Promoted to Public Information Officer for the San Bernardino County Sheriff's Department). Mayor Michael announced that item B4 would be presented at a future City Council Meeting. August 18, 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 8 C. PUBLIC OMMUNICATIONS Tanner Marston i thanked the City Council and expressed his concerns with the Bridge Point Rancho Cucamonga Project and the development of Amazon warehouses in Rancho Cucamonga. Eight(8)speakers representing Rebels Rugby: Rachel Toalepai, Erik Jones, Robert Verdi, Stacey Barnier, Kennedy Bales, Piusaati Satela, Kris Anderson and Cole Seanoa, requested that the City Council support diversity in sports and allocate a lighted field for rugby. Two(2)speakers: Kathi Pryor and Teresa Martinez, spoke about pickleball and the limited amount of pickleball fields available in the City of Rancho Cucamonga.They requested that the City Council consider converting existing tennis courts into pickleball courts or build new pickleball courts to accommodate the growing interest in the City. Six (6) emails from: Beth Henry, Marian Sherman, Henry Corrado, Joe and Patty Dagata, Marilyn Griffin and Emily Wang, were provided by Kathi Pryor in support of additional pickleball courts. Stephanie Lyons asked the City Council to re-evaluate Central Park for different sport uses. City Manager Gillison directed Rebels Rugby to speak with Deputy City Manager, Elisa Cox, for potential options of fields to consider for rugby use. Regarding pickleball, he informed that the City currently has an assessment survey to understand a mmunity demands and new trends. He suggested that community members participate in the Recreation Nee s Assessment Survey. D. CONSEN CALIENDAR D1. Cons id ration10 Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $3,640, 19.43 end City and Fire District Weekly Check Registers (Excluding Checks Issued to Souther California Gas Company) in the Total Amount of $10,780,160.75 Dated July 12, 2021 Throug4 August 08, 2021 and City and Fire District Electronic Debit Registers for the Month of July in the Tot I Amount of$8,843,331.43. (CITY/FIRE) D2. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern Californ a Gas Company in the Total Amount of$11,417.78 Dated July 12, 2021 Through August 08, 2021. ( ITY/FIRE) D3. Consid ration th Receive and File Current Investment Schedules as of July 31, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D4. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2019/20 Flashing Yellow Arrow Project (CO# 2020- 054). (CITY) 'I D5. Consideration to Accept Public Improvements Related to Parcel Map No. 19855 Located at the 9611 Hillside 'Road on the South Side of Hillside Road and West of Archibald Avenue as Complete, Submitted by Monte Vista Assets, Inc., File the Notice of Completion,and Authorize Release of Bonds. (CITY) D6. Consideration to Accept Public Improvements Related to DRC2018-00711 as Complete, Located at the 9063 Center Avenue, on the Northeast Corner of Center Avenue and 7th Street, Submitted by Center Avenue Industrial, LLC, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D7. Consideration of the Purchase of Itron Smart Meters, Current Transformers, and Test Switches from McAvoy and Markham Engineering and Sales in the Amount of$380,000 and an Appropriation in the Amount of$99,800. (CITY) August 18, 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 8 D8. Consideration to Accept and Allocate $73,330 Award by the California State Library for a Library of Things Collection. (CITY) D9. Consideration of the Use of a California State Contract#1-18-23-1 OD, Awarded to Winner Chevrolet / Elk Grove Auto Group, of Elk Grove, California, for the Purchase of Two (2) Electric Vehicle (EV) Chevy Bolts in the amount of$70,000.00. (CITY) D10. PUBLIC CONVENIENCE OR NECESSITY DRC2021-00244-GROCERY OUTLET -A request for a Public Convenience or Necessity (PCN) Determination for Alcoholic Beverage Sales for Off-Site Consumption (Type-20 Off-Sale Beer and Wine)for a Grocery Store (Grocery Outlet) Located in the Community Commercial (CC) District and the Foothill Boulevard Overlay District of the Foothill Boulevard Specific Plan at 9040 Foothill Boulevard—APN: 0208-101-20. This Project is Categorically Exempt from the Requirements of the California Environmental Quality Act(CEQA) Pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption — Existing Facilities). (CITY) D11. Consideration of a Resolution Designating the City Manager and the Police Chief as the Public Officials Authorized to Temporarily Close Streets for Celebrations, Parades, Local Special Events, and Other Purposes Pursuant to Vehicle Code Section 21101(e). (RESOLUTION NO. 2021-091) (CITY) MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tern Kennedy, to approve Consent Calendar Items D1 through D11, with Council Member Scott abstaining from item D2 due to her employment with Southern California Gas Company. Motion carried, 5-0. E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION None. F. ADMINISTRATIVE HEARING ITEM(S) None. G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT G1. Public Hearing for Consideration of Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Owner: Mark Allen Hartwig, APN: 0201-043- 55, Annexation No. 88-21-1) Located at 10175 Snowdrop Road into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2021-023)(FIRE) City Manager Gillison introduced Darci Vogel, Fire Business Manager and Noah Daniels, Deputy Director of Finance, who provided a verbal report for item G1. Deputy Director of Finance Daniels, noted that the property owner, Mark Allen Hartwig, fully supports the annexation and levy of special taxes. He concluded by recommending that the Fire Protection District Board adopt a resolution making determinations and authorizing the submittal of the levy of special taxes to the qualified electors of territory proposed to be annexed (Owner: Mark Allen Hartwig, APN: 0201-043-55, Annexation No. 88-21-1)to existing Community Facilities District No. 88- 1 ("CFD No. 88-1")and calling a special election for such purpose. Mayor Michael opened the Public Hearing. No public communications were made. Mayor Michael closed the Public Hearing. August 18, 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 MOTION: Move by Council Member Spagnolo, seconded by Council Member Scott, to adopt Resolution No. FD 2021-023, auth izing thle submittal of the levy of special taxes to the qualified electors of territory proposed to be annexed (Owner: Markl Allen Hartwig, APN: 0201-043-55, Annexation No. 88-21-1) to existing Community Facilities District No. 8811 ("CFD No. 88-1")and calling a special election for such purpose. Motion carried 5-0. G2. Public Hearing for the Approval of the Draft Substantial Amendment to the 17-18 and 20-21 Annual Action Plans for the Community Development Block Grant(CDBG) Program. (CITY) City Manager Gillison introduced Flavio Nunez, Management Analyst II, reported that given the urgency to expend prior year funds, the City of Rancho Cucamonga is amending the 2017-2018 Action Plan by cancelling the Etiwanda Pacific Electric Depot activity. This activity has a budget of$459,000 and is comprised of the following prior year resources: $276,299.11 (from FY2014), $132,700.89 (from FY15), and $50,000 (from FY17). He informed that by cancelling the activity, the City is now able to reprogram these funds towards projects where the funds can be drawn. As such, all prior year funds will be reprogrammed towards existing activities in the 2020- 2021 Action Plan. He concluded by recommending that the City Council approve the Draft Substantial Amendment to the 17-18 and 20-21 Annual Action Plans for the Community Development Block Grant (CDBG) Program. Mayor Michael opened the Public Hearing. No public commlinications were made. Mayor Michael dlosed the Public Hearing. Council Membe Hutchison asked what would happen to the budgeted amount for the Etiwanda Pacific Electric Depot project if iot reallocated and if there would be an opportunity in the future to restore the Etiwanda Pacific Electric Depot. Management Analyst Nunez responded that the funds would not be available to the City if not reallocated. City Manager Gillison informed that the City had an RFP process in the past that did not result in a successful outcome. He noted that the City is currently working on having the property as well as the adjacent SBCTA property appraised with the goal of beginning a new RFP process to rehabilitate and restore the Etiwanda Pacific Electric Depot. He noted that the City has not given up on the Etiwanda Pacific Electric Depot and that the City has stabilized the condition of the Etiwanda Pacific Electric Depot. MOTION: Mov 'd by Council Member Scott, seconded by Mayor Pro Tern Kennedy, to approve the Draft Substantial Amendment to the 17-18 and 20-21 Annual Action Plans for the Community Development Block Grant (CDBG) Program. Motion carried 5-0. H. CITY MANAGERS STAFF REPORT(S) H1. Consideration of Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 88-1, Annexation No. 88-21-1, and Ordering the Annexation of Such Property Located at 10175 Snowdrop Road in Community Facilities District No. 88-1 (Owner: Mark Allen Hartwig,APN: 0201-043-55). (RESOLUTION NO. FD 2021-024) (FIRE) City Manager Gillison introduced Darci Vogel, Fire Business Manager and Noah Daniels, Deputy Director of Finance, who provided a verbal Report for item H1. Deputy Director of Finance Daniels informed that the landowner casted their vote unanimously in favor of the levy of the special tax in the Annexation Territory. He noted that adoption of Resolution No. FD 2021-024 constitutes the formal action of the Board declaring the results of thel election and the annexation of the Annexation Territory to Community Facilities District No. 88-1 and directs'the recordation of an amendment to the existing Notice of Special Tax Lien. August 18, 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 MOTION: Moved by Council Member Scott, seconded by Mayor Pro Tern Kennedy, to adopt Resolution No. FD 2021-024, declaring results of a Special Election in Community Facilities District No. 88-1, Annexation No. 88-21-1, and ordering the Annexation of such property located at 10175 Snowdrop Road in Community Facilities District No. 88-1. Motion carried 5-0. H2. Consideration of a Resolution Adopting the City of Rancho Cucamonga's Local Hazard Mitigation Plan. (RESOLUTION NO. 2021-090)(FIRE/CITY) City Manager Gillison introduced Joseph Ramos, Emergency Management Coordinator, who provided a PowerPoint presentation on the City of Rancho Cucamonga's Local Hazard Mitigation Plan. MOTION: Moved by Council Member Scott, seconded by Mayor Pro Tern Kennedy, to adopt Resolution No. 2021-090, adopting the City of Rancho Cucamonga's Local Hazard Mitigation Plan. Motion carried 5-0. H3. Consideration of a City Policy Pertaining to Early Feedback on General Plan Amendments, Planned Community, Master Plan and Specific Plan Amendments, and Development Code Amendments. (CITY) City Manager Gillison introduced Matt Burris, Deputy City Manager,who provided a PowerPoint presentation of a City Policy pertaining to early feedback on General Plan Amendments, Planned Community, Master Plan and Specific Plan Amendments, and Development Code Amendments. Deputy City Manager Burris informed that under the new process the Council would provide feedback on proposed legislative amendment, the applicant can decide whether to pursue the legislative amendment, and the other entitlements for the applicant's proposed project,with the Council's preliminary policy considerations in mind. He noted that the opportunity provides the applicant with more information about whether the proposed project is likely to be successful after the application has been processed by staff. Deputy City Manager Burris concluded by recommending that the City Council adopt the policy providing early Council feedback on General Plan amendments, Specific Plan, Planned Community, Master Plan Amendments, or Development Code Amendments. Council discussion ensued regarding foundational policy changes, benefits of feedback in the early stages of proposed projects, mis-construing feedback for approvals or denials, importance of meeting minutes details, providing support for the Planning Commission and streamlining the process for future applicants. MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to receive, file and adopt the Legislative Changes Review Policy providing early Council feedback on General Plan Amendments, Specific Plan, Planned Community, Master Plan Amendments, or Development Code Amendments. Motion carried 5-0. I. COUNCIL BUSINESS 12. COUNCIL ANNOUNCEMENTS None. 13. INTER-AGENCY UPDATES None. J. CITY ATTORNEY ITEMS None. August 18, 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 Mayor Pro Tern Kenney requested staff to report on the "Ho Ho" Parade at a September meeting to decide if the City Council would consider having a Holiday Parade in 2021. L. ADJOURNMENT Mayor Michael adjourned the meeting in Memory of John Lyons, Longtime Community Member, at 8:45 p.m. Respectfully submitted, A. Troyan, MMC Ci y Clerk Services Director Approved: October 20, 2021 — Regular Meeting August 18, 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