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HomeMy WebLinkAbout2022/01/19 - Minutes January 19, 2022 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, January 19, 2022, 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—(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: 2 CASES—(CITY) D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE—(FIRE) 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) D5. 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) D6. 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) January 19, 2022 I 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 9 D7. 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) 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 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-162-14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE.—(CITY) D10.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) D11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-131-15, -16, AND -26; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE.—(CITY) D12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-283-79; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE.—(CITY) D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-162-15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED January 19, 2022 I 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 9 ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE.—(CITY) D14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-131-30 AND -31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE.—(CITY) D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-291-17 and -18; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE.—(CITY) D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-151-15 AND -28, 0229-161-01, -02, -03, -04, 05, -19, AND -20; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE.—(CITY) D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-291-55; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. —(CITY) D18.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) E. RECESS The closed session recessed at 6:50 p.m. REGULAR MEETING - 7:00 p.m. January 19, 2022 I 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 9 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 January 19, 2022, 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 Tem Lynne Kennedy, and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Patricia Bravo-Valdez, MMC, Deputy City Clerk Services Director. Council Member Scott led the Pledge of Allegiance. A. AMENDMENTS TO THE AGENDA None. B. ANNOUNCEMENTS/PRESENTATIONS None. C. PUBLIC COMMUNICATIONS No public communications were made. D. CONSENT CALENDAR D1. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of$1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company)in the Total Amount of$1,956,777.89 Dated December 17,2021 Through December 30,2021 and City and Fire District Electronic Debit Registers for the Month of December in the Total Amount of $1,563,074.46. (CITY/FIRE) D2. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of$1,092.38 Dated December 17,2021 Through December 30, 2021.(CITY/FIRE) D3. Consideration to Receive and File Current Investment Schedules as of December 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 ofRetention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation Project - Contract No. 2021-120. (CITY) D5. Consideration to Accept the Parks Painting Project FY 20-21 (CO#2021-077)as Complete, File the Notice of Completion,and Authorize Release of Retention and Bonds.(CITY) D6. Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix,Inc. in the Amount of$100,000 and an Appropriation in the Amount of$150,000.(CITY) D7. Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for Services Related to the Formation of an Enhanced Infrastructure Financing District(EIFD). (CITY) January 19, 2022 I 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 9 D8. Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light Maintenance Districts Nos. 1 and 8 for Case No. DRC2014-01130, Located at the NorthwestCorner of Foothill Blvd. and East Avenue. (RESOLUTION NO.2022-017)(RESOLUTION NO.2022-018), (RESOLUTION NO.2022-019) (CITY) D9. Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTIONNO.2022-020) (CITY) D10. Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021-2022. (RESOLUTION NO. 2022-021) (CITY) MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Spagnolo, to approve Consent Calendar Items D1 through D10, with Council Member Scott abstaining from item D2. Motion carried, 5-0. E. CONSENT CALENDAR ORDINANCE(S)-SECOND READING/ADOPTION El. Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 992 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONSENTING TO ANNEXATION DRC2020-00185 AND APPROVING PREZONING DRC2020-00186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35-ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF—APNs: 0229-291-23, 46 AND 54 ORDINANCE NO. 993 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2021-00175 BETWEEN THE CITY OF RANCHO CUCAMONGA AND HILLWOOD ENTERPRISES, L.P., TO FACILITATE THE DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35-ACRE PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0229-291-46 AND 54 MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to waive full reading and adopt Ordinance No. 992 and 993, by title only. Patricia Bravo-Valdez, Deputy City Clerk Services Director, read the title of Ordinance No. 992 and 993, by title only. VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to waive full reading and adopt Ordinance No. 992 and 993, by title only. Motion carried, 5-0. F. ADMINISTRATIVE HEARING ITEM(S) January 19, 2022 I 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 9 F1. Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga Municipal Code to Confirm That Short-Term Rentals are Subject to the City's Transient Occupancy Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE NO. 995) (CITY) City Manager Gillison introduced Tamara Oatman, Finance Director, who gave the Staff Report. Mayor Michael opened the Public Hearing. There were no public communications. Mayor Michael closed the Public Hearing. MOTION: Moved by Council Member Scott, seconded by Mayor Pro Tem Kennedy, to introduce First Reading of Ordinance No. 995, by title only and waive further reading. Motion carried 5-0. Patricia Bravo-Valdez, Deputy City Clerk Services Director, read the title of Ordinance No. 995, by title only. VOTES NOW CAST ON MOTION: Moved by Council Member Scott seconded by Mayor Pro Tern Kennedy, to introduce First Reading of Ordinance No. 995, by title only and waive further reading. Motion carried 5-0. F2. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four- fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And Subdivision Standards for Senate Bill 9 Projects in Single-Family Residential Zones, Declaring The Urgency Thereof and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY) City Manager Gillison introduced Sean McPherson, Senior Planner, who gave the Staff Report remotely via the Zoom platform. Mayor Michael opened the Public Hearing. Michael Perez, asked the City to look into SB 9 infrastructure impacts on the City and impact to our schools; expressed support for affordable housing and developments that benefits the community. Mayor Michael closed the Public Hearing. City Attorney Ghirelli elaborated on the standards of Senate Bill 9 and state control over mandates. He further clarified that the City developed objective development standards which address various issues and are presented to the City Council. Discussion ensued on affordability standards and water standard requirements. MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to adopt Urgency Ordinance No. 994, by title only and waive further reading. Motion carried 5-0. Patricia Bravo-Valdez, Deputy City Clerk Services Director, read the title of Urgency Ordinance No. 994, by title only. VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to adopt Urgency Ordinance No. 994, by title only and waive further reading. Motion carried 5-0. F3. Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone Street, East of Torrey Pine Court, San Bernardino County Tax Assessor's Parcel Number 022E-044- 24). (RESOLUTION NO. 2022-007)(CITY) January 19, 2022 I 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 9 City Manager Gillison introduced Jason Welday, Director of Engineering Services/City Engineer & Gina Danner, Assistant City Attorney, who gave the Staff Report. Mayor Michael opened the Public Hearing. Michael Perez, spoke in support of the project; spoke about safety concerns for school areas and fixing sidewalk and paths along Victoria. Mayor Michael closed the Public Hearing. MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tem Kennedy, to adopt Resolution No. 2022-007, for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail Project. Motion carried 5-0. H. CITY MANAGERS STAFF REPORT(S) H1. Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software Consulting Services and Authorizing an Appropriation in the Amount of$270,000. (CITY) City Manager Gillison introduced Noah Daniels, Finance Director and Shelly Munson, DolT Deputy Director, who gave the Staff Report. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Hutchison, to approve an agreement with SDI Presence LLC for Enterprise Resource Planning Software Consulting Services and Authorize an Appropriation in the amount of$270,000. Motion carried 5-0. City Council recessed the meeting at 7:50 p.m. City Council reconvened at 8:00 p.m. G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT GI. 8:00 PM Time Certain:Public Hearing#3-Consideration of City Council District Boundaries,to Include Review of the Demographer's Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staffs Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY) City Manager Gillison introduced Lori Sassoon, Deputy City Manager/Administrative Services, who gave the Staff Report. Mayor Michael opened the Public Hearing. Michael Perez, spoke on the data provided and the potential of development and future population growth; and would like to see more information on data on representation and boundaries in the City. Deputy City Manager Sassoon clarified the process of redistricting and how maps are based and developed. City Manager Gillison clarified that the maps are based on current population and the city cannot speculate on future population but only use data provided from the US Census. Terri Musa, spoke in opposition to State redistricting and splitting of current districts. January 19, 2022 I 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 9 Deputy City Manager Sassoon clarified that those decisions were based by the State Redistricting Commission and the process reviewed on tonight's agenda is for the City's redistricting process; and thanked the speaker for her comments. Mayor Michael closed the Public Hearing. Mayor Michael announced that the next Public Hearing will take place on February 2, 2022 at 8:00PM time certain in the Council Chambers, and invited the community to submit comments and review documents at www.drawrc.orq. F4. Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City's Etiwanda Grade Separation Project(Kular Truck Line, Inc., 8783 Etiwanda Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor's Parcel Number 0229- 162-14; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor's Parcel Numbers 0229-291-17 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San Bernardino County Tax Assessor's Parcel Numbers 0229-131-15, 16 & 26; Jones Family Trust, Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County Tax Assessor's Parcel Number 0229-162-15; Goodman Rancho SPE, LLC, 12521 Arrow Route and 8688 Etiwanda Avenue, San Bernardino County Tax Assessor's Parcel Numbers 0229-131-30 &31; BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County Tax Assessor's Parcel Number 0229-283-79; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue, San Bernardino County Tax Assessor's Parcel Number 0229-291-55; Southern California Edison Company,8949 Etiwanda Avenue, San Bernardino County Tax Assessor's Parcel Number 0229-291- 22; Colombero Family Limited Partnership, 8685 - 8821 Etiwanda Avenue and 12928 - 12974 Whittram Avenue, San Bernardino County Tax Assessor's Parcel Numbers 0229-151-15 & 28 and 0229-161-01, 02, 03, 04, 05, 19 &20). (RESOLUTION NOS. 2022-008, 2022-009, 2022-010, 2022- 011,2022-012,2022-013,2022-014,2022-015,2022-016)(CITY). City Manager Gillison introduced Jason Welday, Director of Engineering Services/City Engineer and Gina Danner, Assistant City Attorney, who gave the Staff Report. Mayor Michael opened the Administrative Hearing item. Ron Dhillon and Gary Kular, expressed concerns on selling the property;spoke on property appraisal values; and asked the City to be fair in negotiating the price due to impacts associated with the sale. Assistant City Attorney Danner clarified that the City has a relocation consultant that will work with the property owner to try to find suitable relocation options available; announced that it is a complex location and that they will continue to work with the property owner to reach an agreement. City Attorney Ghirelli clarified that no action tonight would preclude the city from continuing negotiations with the owner. Ted Evans, shared concerns on the temporary construction easement and not having access to the property to conduct business and being in default with the land use covenant with DTSE. Michael Samhat, representing owner, Dedeaux properties, spoke on the egress and ingress to the property and noted that sectioning this property would be detrimental for the business. Mayor Michael closed the Administrative Hearing item. January 19, 2022 I 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 9 Discussion ensued on timeline of negotiations with property owners; construction easements; and the importance on meeting timelines for funding of the project. MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Spagnolo, to adopt Resolution Nos. 2022-008 through 2022-016, Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City's Etiwanda Grade Separation Project. Motion carried 5-0. I. COUNCIL BUSINESS None. 11. COUNCIL ANNOUNCEMENTS Mayor Michael announced that there will be a blood drive, Thursday, January 20th in Redlands hosted by Trinity Church for retired Rancho Cucamonga Police Department Sergeant, Mario Salazar,who is undergoing treatment and in urgent need of additional blood for his treatment and prayers from our community. Council Member Scott congratulated and acknowledged Girl Scout Emily Megalon for receiving a gold star award. 12. INTER-AGENCY UPDATES None. J. CITY ATTORNEY ITEMS City Attorney Ghirelli reported that during the Closed Session for item D2, the City Council authorized his office to file a complaint to abate a public nuisance at a bar located on Foothill Boulevard. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. L. ADJOURNMENT Mayor Michael adjourned the meeting at 8:52 p.m. Resp ully submitted, Approved: March 16, 2022 —Regular Meeting 1 Lin . royan, MMC ity C k Services Director January 19, 2022 I Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 9 of 9