No preview available
HomeMy WebLinkAbout2022/02/02 - Minutes February 2, 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, February 2, 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 Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: 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 54957.6 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES' ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION. (CITY/FIRE) D2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE—(CITY) D3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE;THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITY-OWNED PUBLIC ART. (CITY) D4. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION PURSUANT TO PARAGRAPH (1)OF SUBDIVISION (D)OF GOVERNMENT CODE SECTION 54956.9; Inland Real Estate Group, LLC et al. v. City of Rancho Cucamonga, U.S. District Court for the Central District of California, Case No.5:21-cv-01656-SB-KK. (CITY) D5. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION PURSUANT TO PARAGRAPH (1)OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; BPREP 9910 6th Street, LLC v. City of Rancho Cucamonga, et al, San Bernardino Superior Court Case No. CIV SB 2131229. (CITY) February 2, 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 7 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) 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 022804424, 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 022916222; 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 022916214; 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 FORTHABOVE.—(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 022916223; 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 022913115, 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 022928379; 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; February 2, 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 7 REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIESMAY 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 022916215; 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 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 022913130 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 022915115 AND 28, 022916101, 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 022929155; 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) E. RECESS The closed session recessed at 6:50 p.m. February 2, 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 7 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 February 2, 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: Lori Sassoon, Deputy City Manager/Administrative Services; Nicholas Ghirelli, City Attorney and Patricia Bravo-Valdez, MMC, Deputy City Clerk Services Director. Council Member Scott led the Pledge of Allegiance. Mayor Michael announced that Council Member Spagnolo will be participating via Zoom and City Manager Gillison is excused from the meeting due to his attendance at the League of California Cities Annual Conference where he serves as President. Mayor Michael also announced that Public Hearing#1 on Redistricting will be taking place at 8:00 p.m. Responding to the spread of the Coronavirus (COVID-19) and social distancing requirements, Deputy City Manager Lori Sassoon announced that in accordance with AB 361, and to ensure the health and safety of Rancho Cucamonga residents by limiting contact that could spread the COVID-19 virus, members of the public have the option to participate in the City Council meeting via teleconference. Those wishing to speak during public communication may call at the start of the meeting by dailing (909) 774-2751, if speaking on a public hearing item please dial in when the Public Hearing is being heard at(909) 774-2751. A. AMENDMENTS TO THE AGENDA None. B. ANNOUNCEMENTS/PRESENTATIONS None. C. PUBLIC COMMUNICATIONS Janet Walton, read an article and offered a prayer. Elizabeth Skrzat, General Manager, Chino Basin Water Conservation District, shared information on various services offered through the Chino Basin Water Conservation District and invited the Mayor/alternate and City Manager to a landscape launch event on March 17th D. CONSENT CALENDAR D1. Consideration of Meeting Minutes for the Regular Meetings of: December 1. 2021. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,347,199.08 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of$8,927.220.76 Dated December 31,2021 Through January 23, 2022. (CITY/FIRE) February 2, 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 7 O3. Consideration to Approve City and Fire District Weekly Check Registersfor Checks Issued tuSouth*rn California Gas Company in the Total Amount of $31.237.98 Dated December 31, 2021 Through January 23. 2O22. (C|TYYF|RE) D4. Approval of AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) DS. Consideration of Resolution Modifying Paying and Reporting the Value of Employer Paid Member Contributions to C&LPERS for the Fire Management Employee Group and Fire UnionLouo| 2274 Bargaining Group. (RESOLUTION NO. FD2O22'UU2) (F|RE) OG. Consideration of o Three-Year Professional Services Agreement with C)kta. Inc. for Identity Management, Single Sign-on, and Multi-Factor Authentication Services in the Amount of $171.051. (C|TYYF|RE) D7. Consideration to Adopt the 2O22 Legislative Platform. (C|TY) D8. Consideration to Ratify the City Manager's Execution of a Contract with the County of San Bernardino to Provide $2 Million for Enhanced Development of the Second Story at the Paul A.Biane Library. (CITY) DS. Consideration to Accept Public Improvements Located at the Southeast Corner of Wilson Avenue and Winchester Court per the Improvement Agreement Related to Case No. SUBTPM19836. as Complete, File the Notice of Completion, and Authorize Release of Bonds.(CITY) D10. Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the CityofRanoho Cucamonga and the Rancho Cucamonga City Employees Association, Including Amending the Salary Schedule for Fiscal Year 2021-22 and Modifying Paying and Reportingthe Value of Employer Paid Member Contributions toCALPERS. (RESOLUTION NO. 2O22' O2D) (C|TY) O11. Consideration of the Final Map for Tract 20148. Improvement Agreement and Improvement Securities for Street Improvements,Order Annexation to Landscape Maintenance District No.9, Street Light Maintenance Districts Nos. 1 and 8for Case No. SUBTT20148, Located 750 feet North of Foothill Boulevard on the West Side of East Avenue. (RESOLUTION NO. 2022-025),(RESOLUTION NO. 2O22'O2G)' (RESOLUTION NO. 2O22'O27)(C|TY) D12. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and Related toCase No. PMT2021'03992. Located a1731A Fennel Road. (RESOLUTION NO. 2022'O22). (RESOLUTION NO. 2O22'O23). (RESOLUTION NO. 2O22'O24) (CITY) MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Hutchison, to approve Consent Calendar |bsma D1 through O12. with Council Member Scott abstaining on ham D3. Roll Call Vote: Council Member Hutchison: Aye, Mayor Pro Tern Kennedy: Aye. Council Member Scott: /4/e. Council Member 8pagnn|o: Aye and Mayor Michael: Aye. Motion carried, 5-O. E. CONSENT CALENDAR ORDINANCE(S) ~ SECOND READ IN G/ADOPTION El. Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. SS5 AN ORDINANCE OF THE CITY OF RANCHO CUCAK8ONGA, CALIFORNIA, AMENDING CHAPTER 3.40 OF THE RANCHO CUCAK8ONGA MUNICIPAL CODE TO CONFIRM THAT SHORT-TERM RENTALS ARE SUBJECT TO THE C|TY'S TRANSIENT OCCUPANCY TAX, February 2, 2022 1 Finn Protection Diotrict, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 5of7 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 MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to waive full reading and adopt Ordinance No. 995, by title only. 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 Council Member Hutchison,to waive full reading and adopt Ordinance No. 995, by title only. Roll Call Vote: Council Member Hutchison: Aye, Mayor Pro Tern Kennedy: Aye, Council Member Scott: Aye, Council Member Spagnolo: Aye and Mayor Michael: Aye. Motion carried, 5-0. H. CITY MANAGERS STAFF REPORT(S) None. I. COUNCIL BUSINESS 11. COUNCIL ANNOUNCEMENTS None. 12. INTER-AGENCY UPDATES None. J. CITY ATTORNEY ITEMS None. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. City Council recessed the meeting at 7:15 p.m. City Council reconvened at 8:00 p.m. F. ADMINISTRATIVE HEARING ITEM(S) None. G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT GI.8:00 PM Time Certain: Public Hearing#4-Consideration of City Council District Boundaries, to Include Review of the Demographer's Analysis; Review of Maps Submitted by the Public and the City's Demographer; Review of Staffs Presentation of Maps Prepared Using the Discussed Criteria; Receipt of Public Input on Communities of Interest and Potential District Boundaries; and PreliminarySelection of a New Map of City Council District Boundaries. (CITY) Lori Sassoon, Deputy City Manager, introduced Todd Tatum from National Demographics Corporation, who gave the Staff Report. Mayor Michael opened the Public Hearing. February 2, 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 7 There were no public communications made. Mayor Michael closed the Public Hearing. MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Scott, to receive and file report and make a preliminary selection of Map 105 for City Council District boundaries, and direct staff to prepare the final map and Ordinance for first reading and to adopt the map following the final public hearing on March 2, 2022. Final Public Hearing No. 51otake place on March 2»uat8:0OPK4 time certain in the Council Chambers. Roll Call Vote: Council Member Hutchison: Aye, Mayor Pro Tem Kennedy: Aye, Council Member Scott: Aye, Council Member Spagno|o: Aye and Mayor Michael: Aye. Motion carried, 5-0. L. ADJOURNMENT Mayor Michael adjourned the City Council Meeting at8:O7p.m. Respectfully submitted, City �VServices Director Approved: March 1O. 2022 — Regular Meeting February 2, 2022 1 Fire Protection Diatriot, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City nfRancho Cucamonga I Page 7 of