HomeMy WebLinkAbout2021/12/15 - Minutes December 15, 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, December 15, 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; Nicholas Ghirelli, 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 ANTICIPATED LITIGATION: INITIATION OF LITIGATION
PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION
54956.9: 1 CASE—(CITY)
D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF
TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY
ASSESSOR'S PARCEL NUMBER 0228-044-24, NEGOTIATING PARTIES JOHN GILLISON, CITY
MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;
REGARDING PRICE AND TERMS. —(CITY)
D4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957
(TITLE: CITY MANAGER)
D5. 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)
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D6. 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)
D7. 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)
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-162-22; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; 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 PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-162-23; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. —(CITY)
E. RECESS
The closed session recessed at 6:45 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 December 15,
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;Nicholas Ghirelli,City Attorney;and Linda A.Troyan, MMC, Director
of City Clerk Services.
Council Member Scott led the Pledge of Allegiance.
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A. AMENDMENTS TO THE AGENDA
None.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Administration of Oath of Office to Reappointed Planning/Historical Preservation Commissioner Tony
Morales and Newly Appointed Planning/Historical Preservation Commissioners James Daniels and Al
Boling.
Mayor Michael administered the Oaths of Office to reappointed Planning/Historical Preservation
Commissioner Tony Morales and Newly Appointed Planning/Historical Preservation Commissioners
James Daniels and Al Boling. Mayor Michael and Members of the City Council presented Commissioners
with Certificates of Appointments.
B2. Presentation of a Proclamation Recognizing Santa Claus for his Choice to be Vaccinated Against the
COVID-19 Virus and Providing Santa with Two Paid Floating Holidays Off in Accordance with the City's
Vaccine Incentive Program.
Mayor Michael and Members of the City Council presented Santa Claus with a Proclamation for his choice to be
vaccinated against the COVID-19 virus and presented a video featuring Santa Claus sharing a special holiday
safety message to the Rancho Cucamonga community.
C. PUBLIC COMMUNICATIONS
Didi Nicastro, asked if City employees were being offered two paid floating holidays off for being vaccinated and if
vaccination was mandated for City employees.
Mayor Michael informed that City employees were offered two paid floating holidays off as part as the City's Vaccine
Incentive Program and that vaccination was not mandated for City employees.
D. CONSENT CALENDAR
D1. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of$2,158,297.81
and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California
Gas Company) in the Total Amount of$1,604,931.89 Dated November 19, 2021 Through December
05, 2021 and City and Fire District Electronic Debit Registers for the Month of November in the Total
Amount of$1,198,638.17. (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 $5,122.49 Dated November 19, 2021 Through
December 05, 2021. (CITY/FIRE)
D3. Consideration to Receive and File Current Investment Schedules as of November 30, 2021 for the
City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D4. Consideration of a Resolution Adopting the Rancho Cucamonga Fire Protection District Salary
Schedules for Fiscal Year 2021-22. (RESOLUTION NO. FD 2021-033) (FIRE)
D5. Consideration of a Resolution Repealing Resolution FD 2020-023 Concerning a Declaration of Surplus
Land Pursuant to Government Code Section 54221 for Real Property Located at 8340 Utica Avenue.
(RESOLUTION NO. FD2021-034) (FIRE)
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D6. Consideration of the Purchase of Body Armor from Safariland, LLC Utilizing a Piggyback Opportunity
Through a Competitively Bid Contract from the State of California, Contract 1-18-84-07, in the Amount
of$116,543. (FIRE)
D7. Consideration of the Final Map for Tract 20118, Improvement Agreement and Improvement Securities
for Street Improvements for Case No. SUBTT20118, Located South of 6th Street and West of the
Resort Parkway. (CITY)
D8. Consideration to Accept Public Improvements Located at the Northeast Corner of Center Avenue and
6th Street per the Improvement Agreement Related to Case No. DRC2018-00553, as Complete, File
the Notice of Completion, and Authorize Release of Bonds. (CITY)
D9. Consideration of License Agreements for Public Improvements Adjacent to the Railroad Spur Track
on 8th Street West of Haven Avenue with BNSF Railway Company Related to Case No.
DRC2018-00546, Located at 10415 8th Street. (CITY)
D10. Consideration of a Professional Services Agreement with Superior Pavement Markings, Inc. for
Annual Citywide Striping and Pavement Marking Services in an Amount not to exceed
$150,000. (CITY)
D11. Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of$1,727,000, Plus 10%
Contingency for the Rochester Avenue Pavement Rehabilitation Project. (CITY)
D12. Consideration of a Resolution Authorizing the Acceptance of the Conveyance of Property from the
California Department of Transportation (Caltrans)and Authorizing the Appropriation of Funds for the
Purchase. (RESOLUTION NO. 2021-134)(CITY)
D13. Consideration of Resolution No. 2021-135, Authorizing the City to Enter into the Settlement
Agreements with McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation,
Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc.,
and Janssen Pharmaceutica, Inc., Agree to the Terms of the Memorandum of Understanding
Allocating Settlement Proceeds, and Authorize Entry into the Memorandum of Understanding with the
Attorney General; and authorize the City Attorney to take all actions necessary and convenient to
implement the settlements. (RESOLUTION NO. 2021-135) (CITY)
D14. Consideration to Re-appoint William Wittkopf, Public Works Services Director, as representative of the
City of Rancho Cucamonga on the West Valley Mosquito and Vector Control (WVMVC)District Board
of Trustees. (CITY)
D15. Consideration to Approve the Housing Successor Fiscal Year 2020/2021 Annual Report. (HOUSING
SUCCESSOR AGENCY)
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. Motion carried, 5-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
No items.
F. ADMINISTRATIVE HEARING ITEM(S)
No items.
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G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT
G1. Consideration of Resolutions to Certify the Environmental Impact Report(SCH 2O21050261) and Adopt
the PlanRC General Plan Update, 2021-2029 Housing Element,and Climate Action Plan.(RESOLUTION
NOS.2021-132 AND 2021-133) (CITY)
City Manager Gillison introduced David Eoff, Senior Planner, Jennifer Nakamura, Management Analyst II and
Jennifer Camacho-Curtis, Community Affairs Officer, who provided a PowerPoint presentation with an overview
of the proposed Resolutions to certify the Environmental Impact Report, the PlanRC General Plan Update,
2021-2029 Housing Element, and Climate Action Plan including the City's outreach and community engagement
efforts. Management Analyst Nakamura noted that there had been minor technical revisions made to the General
Plan since the Planning Commission hearing and that the edits were distributed to the Council at the dais for
consideration.
Mayor Michael opened the Public Hearing.
Seven (7) public communications were made in support of item G1 by Chris Sanford, Diane Gunther, Alisa
Zhang, Nannette Hart, Crystal Muljadi, Manuela Amaya and Don Smith. Speakers expressed their support in the
General Plan's climate action plan, diversity, health, equity and vision for the City's future.
One (1) public communication was received by Don Horvatich expressing concerns of high-density effects and
commercial developments above the 210 Freeway.
Juan Olmedo spoke on the importance of the Climate Action Plan and benefits of having local skilled workers.
Kathi Pryor spoke on economic and cultural diversity and asked that the City Council consider adding more Pickle
Ball courts.
Mayor Michael closed the Public Hearing.
City Manager Gillison spoke on mandatory housing requirements by the State and informed that there were no
changes proposed north of the 210 Freeway in the General Plan.
Council discussion ensued on successful community engagement efforts by staff despite the COVID-19
Pandemic,collaborative and inclusive process of the General Plan Update, health,equity,stewardship and variety
of housing options included in the General Plan including the State Mandated Analysis. Mayor Michael and
Members of the City Council noted that the General Plan puts people first while preserving the essence of a world
class community, maintaining open spaces, equestrian lifestyles, low density in areas above the 210 Freeway
while strategically adding affordable housing to maintain a diverse, equitable and vibrant community.
The Mayor and Members of the City Council commended staff for a wonderfully executed General Plan that is
easy to read and encouraged the public to access the General Plan on the city's website:
https://www.cityofrc.us/GeneralPlan.
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MOTION: Moved by Council Member Spagnolo, seconded by Council Member Scott, to adopt Resolution Nos.
2021-132 and 2021-133, certifying the Environmental Impact Report (SCH 2O21050261) and Adopting the
PIanRC General Plan Update, 2021-2029 Housing Element, and Climate Action Plan including revisions
presented by staff:
Volume Chapter Page Revision
1 Acknowledgements v Correct misspelling of two names
1 2 36 Central North Planning Area—Correct name of"Victoria Gardens Community
Center"to"Victoria Gardens Cultural Center"
1 2 37 Central South Planning Area—Correct name of`Rancho Cucamonga
Station"to"Cucamonga Station"
2 1 60 Change Land Plan Designation for APN:0201-102-89(9885 Via Esperanza)
from General Open Space and Facilities to Suburban Neighborhood-Very
Low(change also applied to Figures LC-1, FA-1, OS-2,and V-2)
2 1 62 Clarify language in the Use-Mix Ratio section to provide a clear statement
about the primary purpose of establishing overall use mix targets to maintain
citywide fiscal sustainability, per Land Use Policy LU-3.5.
2 1 82 Correct District designations to reflect target use mix ratio of 0/100(res/non-
res)
2 1 88 Rephrase discussion for Industrial Employment District regarding types of
uses intended
2 1 90 Policy LC-2.5, "transition gradually to a complement the adjacent residential
uses"
3 1 213 Add language describing the tribal resources of the area as explained in the
EIR
Motion carried, 5-0.
G2. Continued Public Hearing to Consider First Reading of Ordinance 991, to be Read by Title Only and
Waive Further Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establish a
Non-Residential Affordable Housing Development Impact Fee, and Resolution 2021-131, Establishing
Non-Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991)(RESOLUTION
NO. 2021-131) (Continued Public Hearing from December 1, 2021 City Council Meeting)(CITY)
City Manager Gillison introduced Jennifer Nakamura, Management Analyst II and Tim Bretz from Keyser Marston,
who provided a PowerPoint presentation with an overview of proposed Ordinance No. 991 and Resolution No.
2021-131 that would enact a new affordable housing development impact fee for all non-residential development.
Management Analyst Nakamura concluded by recommending the City Council direct staff to research residential
inclusionary housing ordinances that include an in-lieu fee option, determine fee viability and present findings and
recommendations to City Council before September 2022, adopt Resolution No. 2021-131 and introduce First
Reading of Ordinance No. 991 by title only and waive further reading.
Mayor Michael opened the Public Hearing.
Don Smith spoke in support of developing more affordable housing options in Rancho Cucamonga.
Mayor Michael closed the Public Hearing.
Council discussion ensued on affordable housing, RHNA allocation requirements, stakeholder
outreach/feedback, state requirements, funding sources, developer fees, limitations with state imposed
standards, building sustainable revenue through sales tax, Non- Residential Linkage Fees providing affordable
housing, and diversifying economic sectors to promote equity.
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MOTION: Moved by Council Member Scott, seconded by Mayor Pro Tern Kennedy, to Introduce First Reading of
Ordinance No. 991, by title only and waive further reading.
Linda Troyan, City Clerk Services Director read the title of Ordinance No. 991.
VOTES NOW CAST ON MOTION: Council Member Scott, seconded by Mayor Pro Tern Kennedy, to introduce
First Reading of Ordinance No. 991, by title only and waive further reading. Motion carried 5-0.
H. CITY MANAGERS STAFF REPORT(S)
None.
I. COUNCIL BUSINESS
11. Consideration to Approve the Re-appointments of Three Public Members to the Public Art
Committee. (CITY)
MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tern Kennedy, to approve the re-
appointments of Jaymie Leslie, John L. Machado, Jr. and Leslie Matamoros to the Public Art Committee. Motion
carried unanimously, 5-0.
12. COUNCIL ANNOUNCEMENTS
None.
13. INTER-AGENCY UPDATES
None.
J. CITY ATTORNEY ITEMS
Mayor Michael introduced newly appointed City Attorney, Nicholas Ghirelli and announced that he would be sworn
in at the next City Council Meeting.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
L. ADJOURNMENT
Mayor Michael adjourned the meeting at 9:25 p.m.
;Respe ully submitted,
Approved: February 16, 2022— Regular Meeting
. Tro n, MMC
ie ervices Director
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