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HomeMy WebLinkAbout2022/04/20 - Minutes • • April 20, 2022 CITY OF RANCHO CUCAMONGA —� FIRL1 Nu t ECTION-DISTRICT,HOUSING-SUCCESSOR A-GEN ENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City Council of the City of Rancho Cucamonga held a closed session on Wednesday,April 20, 2022, in the Tri- Communities Conference Room at City Hall, 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, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Absent: Council Member Spagnolo 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. CITY ATTORNEY ITEMS Dl. Training Provided by City Attorney on Behested Payment Disclosure Requirements and Reporting Payments Made for a Charitable, Legislative or Government Purpose. City Manager Gillison introduced City Attorney Ghirelli, who provided a presentation on Behested Payment Disclosure requirements and reporting payments for charitable, legislative or government purposes. E. CONDUCT OF CLOSED SESSION El. 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) AND TEAMSTERS LOCAL 1932.—(CITY) • E2. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION PURSUANT TO PARAGRAPH(4) OF SUBDIVISION (D)OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) April 20, 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 8 • • E3. CONFERENCE WITH LEGAL COUNSEL-PENDING LITIGATION PURSUANT TO PARAGRAPH (4) —OF-SUBDIVISION-(D)-OF SECTION-54956.9; NAME OF CASE:-CITY-OF-RANG--HO-C-UC-AMONGA V. —— ---- KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY) E4. 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) E5. 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) E6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F. TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. - CITY E7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED—AS PARCEL NUMBERS 020927211,0-209 321 AMD 020-927222 AND CERTAIN ADJACENT RIGHT-OF-WAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT.-(CITY) E. RECESS The closed session recessed at 6:40 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 April 20, 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, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Absent:'Council Member Spagnolo Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney and Linda Troyan, MMC, City Clerk Services Director. Council Member Hutchison led the Pledge of Allegiance. April 20, 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 8 • A. -AMENDMENTS TO THE AGENDA None — -- - - -— - B_ ANNOUNCEMENTIPRESENTATION.S B1. Presentation of a Proclamation Honoring CONFIRE Dispatchers and Declaring the Week of April 11- 17, 2022 as National Dispatchers and Telecommunications Week. Mayor Michael and Members of the City Council along with Fire Chief Mike McCliman presented a Proclamation to Tim Franke, CONFIRE Supervisor, representing CONFIRE Dispatchers declaring the week of April 11-17, 2022 as National Dispatchers and Telecommunications week. C.PUBLIC COMMUNICATIONS Janet Walton, spoke on the National Day of Prayer on May 5th and offered a prayer. D. CONSENT CALENDAR Council Member Scott announced that she will need to abstain on item D3, due to a potential conflict of interest as her employer is Southern California Gas Company. D1. Consideration of Meeting Minutes for the Regular Meetings of:March 16,2022. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of$1,713,151.44 and City and Fire District Weekly Check Registers(Excluding Checks Issued to Southern California Gas Company) in the Tofal-Amourif-of 6,320,895.51-Dated-March 28-,-2022-Through Afil 10, 2022- - (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of$31,881.86 Dated March 28, 2022 Through April 10, 2022. (CITY/FIRE) D4. Consideration to Receive and File Current Investment Schedules as of March 31, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District.(CITY/FIRE) D5. Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus (COVID-19) Pandemic. (CITY) D6. Consideration to Schedule a Public Hearing for Placement of Liens for Delinquent Solid Waste Accounts. (CITY) D7. Consideration to Accept the Emergency Management Performance Grant Revenue in the Amount of $28,018, Awarded by the California Office of Emergency Services and Administered by the San Bernardino County Fire Department, Office of Emergency Services, Fiscal Year 2021. (CITY/FIRE) D8. Consideration of a Professional Services Agreement with Mary McGrath Architects for Conceptual Design Build Services for the Fire Station 171, Fire Station 173, and Fire Station 174 Projects in the Amount of$502,650, and Authorization of an Appropriation of$502,650. (FIRE) D9. Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention for the RCFPD Fire Station No. 176 Site Improvements Project.(FIRE) D10. Consideration to Approve Tract Map 19996, Located at 9353 Fairview Place, on the Southwest Corner of Milliken Avenue and 6th Street, Related to Case No. ENG2021-00021.(CITY) April 20, 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 8 • • • • D11.Consideration of a Professional Services Agreement with Procure America for Cost Reduction Consulting Services for the City's Gas,Water, and Electric Utilities Accounts.(CITY) D12. Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $371,000, Plus 10% Contingency for the Center Avenue Pavement Rehabilitation Project.(CITY) D13. Consideration of (1) Resolution of Intent to Establish Street Lighting Services Community Facilities District No. 2022-01; (2) Resolution of Intent to Annex Future Territory to Street Lighting Services Community Facilities District No. 2022-01; (3) Resolution of Intent to Establish Industrial Area Services Community Facilities District No.2022-02;(4)Resolution of Intent to Annex Future Territory to Industrial Area Services Community Facilities District No. 2022-02. (RESOLUTION NOS. 2022-039, 2022-040, 2022-041 AND 2022-042)(CITY) D14. Consideration of Resolutions Authorizing Submittal of a Claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 Funds for the Cucamonga Creek Channel Maintenance Project and Haven Avenue Sidewalk Improvement Project. (RESOLUTION NOS.2022-037 AND 2022-038)(CITY) D15. Consideration to Adopt a Resolution Updating the Rancho Cucamonga Executive Management Group Salary Schedule for Fiscal Year 2021-22, Including a Salary Adjustment to the Planning and Economic Development Director and Assistant City Manager Classifications, and updating the Rancho Cucamonga City Employees Association Salary Schedule for Fiscal Year 2021-22, Including a Change in Exempt Status for the LibraryAssistantl Classification. (RESOLUTION NO. 2022-043) (CITY) MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Hutchison, to approve Consent Calendar Items D1 through D15,with Council Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Motion carried, 4-0-1. Absent: Council Member Spagnolo. D.CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION None. E.ADMINISTRATIVE HEARING ITEM(S) None. April 20, 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 8 • F. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT GI. Public Hearing for Consideration of an Appeal of the Planning Commission's Decision to Approve Design Review DRC2019-00766-Ralph Karubian,Applicant.Th-P oject is a Site Plan and ArchitecturalReview of a 159,580 Square-Foot Industrial/Warehouse Building on 7.39 Acres of Land in the Industrial Employment (IE) District on the Northwest Corner of Jersey Boulevard and Milliken Avenue; APN: 0229-111-60. An Environmental Impact Report (EIR) Was Prepared For This Project. (RESOLUTION NO. 2022-035 AND RESOLUTION NO.2022-036) (CITY) City Manager Gillison introduced Vincent Acuna,Associate Planner, who gave the staff report for item G1. Mayor Michael opened the Public Hearing. Jordan Sisson, attorney representing Lozeau Drury LLP (appellant), made comments to the appeal submitted. Mr. Sisson stated that comments are supported from two experts and noted that in the biological response, biological activity was noted at the site. SWAPE, an environmental expert performed a peer review of the Environmental Impact Report (EIR) and air and greenhouse gas analysis, and noted it did not have an operational or construction Health Risk Assessment(HRA)and in their opinion it is warranted. The modeling which is the premise of the quantifiable air quality greenhouse data has several unsubstantiated inputs that underline that entire model and that should be redone. This includes the EOC emissions in terms of architectural coatings as well as if whether all the land uses were appropriately identified and modeled. In terms of greenhouse gas arguments, Mr. Sisson added that in expert letters there were several studies that noted the project was poorly consistent to the CARB's 2017 scoping plan as well as SCAG's RTP/SCS. He added that experts identified several performance metrics which underpin those plans, that the EIR did not compare the project to those performance metrics, and in expert opinions this should have been done. Mr. Sisson requested a stay action on the EIR until there is a recirculated EIR that addresses those points. Ryan Birdseye, Birdseye Planning Group, applicant representative, stated that the EIR was prepared consistently with industry standards and methodologies. The scope was in part based on comments received during the initial study when it went out for public review and the public hearing process. Mr. Birdseye stated that the technical documentation was peer reviewed twice during the process by the City's environmental consultant and noted that the technical experts working in the Inland Empire noted that under their opinion, based on the site conditions, it did not in fact support long term nesting habitats or other wildlife benefits associated with the site. Mr. Birdseye added that with respect to the air quality and greenhouse gas evaluation it was prepared to provide a conservative analysis of emissions using industry standards and methods with adjustments to address comments as received in the initial study. Mr. Birdseye noted that air quality and greenhouse reports are consistent with methods and guidelines provide by California Air Resource Board and SCAQMD district standards and as well as similar projects that have been evaluated and approved by the city. The emission reports were well below the SCAQMD thresholds as well as city standards for greenhouse gas emissions. Mayor Michael closed the Public Hearing. City Attorney Ghirelli stated that there is a difference of opinion amongst experts and did not hear anything about the EIR procedurally or unrelated to any technical matters in the EIR that it was defective. Mr. Ghirelli added that the applicant and city initially prepared a Mitigated Negative Declaration (MND), and there is a risk when you prepare a MND in that a difference of opinion can render the document defective but, in this case, an EIR was prepared. City Attorney Ghirelli agreed with staff's recommendation on the project. MOTION: Moved by Council Member Scott, seconded by Mayor Pro Tem Kennedy, to adopt Resolution No. 2022- 035, denying the appeal and upholding the Planning Commission decision to approve Design Review DRC2019- 00766 and adopt Resolution No. 2022-036, certifying the related EIR and approve the modification to the conditions of approval for the project. Motion carried, 4-0-1.Absent: Council Member Spagnolo. April 20, 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 8 G2. Public Hearing for the Approval of.the Draft 2022-2023 Action Plan for the Community Development Block Grant(CDBG) Program. (CITY) City Manager Gillison introduced Flavio Nunez, Management Analyst,who gave the staff report for item G2. Mayor Michael opened the Public Hearing. There were no public communications made. Mayor Michael closed the Public Hearing. MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Hutchison, to 1. Approve the 2022- 2023 Action Plan and authorize the City Manager, or designee, to submit the plan and any necessary amendments to the plan to the United States Department of Housing and Urban Development (HUD). 2. Provide City Staff with a methodology to distribute funds should the City's 2022-2023 CDBG annual allocation increase or decrease. 3. Authorize the City Manager, or designee, to negotiate, execute, and amend contracts with subrecipients or professional service providers as necessary to implement the CDBG projects identified in the 2022-2023 Action Plan. 4. Authorize the City Manager, or designee, to execute, amend, and submit to HUD all plans and documents necessary to administer the 2022-2023 CDBG programs. 5. Authorize the appropriation of funds for the 2022-2023 CDBG program. Motion carried, 4-0-1. Absent: Council Member Spagnolo. G.CITY MANAGER'S STAFF REPORT(S) None. H COUNCIL_BUSINESS 11. COUNCIL ANNOUNCEMENTS None. 12. INTERAGENCY UPDATES None. I. CITY ATTORNEY ITEMS None. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. April 20, 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 8 K.ADJOURNMENT Mayor Michael recessed the City Council Meeting at 7:42 p.m.to Closed Session. Present were Council Members: Ryan Hutchison, Kristine Scott, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Midiael. Absent. Count it-MemberSpagnolo— 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. CONDUCT OF CLOSED SESSION El. 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) AND TEAMSTERS LOCAL 1932.—(CITY) E2. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION PURSUANT TO PARAGRAPH(4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) E3. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION PURSUANT TO PARAGRAPH(4)OF SUBDIVISION(D)OF SECTION 54956.9;NAME OF CASE:CITY OF RANCHO CUCAMONGA V. KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY) E4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION —54956.8 FOR PROPERTY-LOCATED-AT 9333-CTIWANDAAVENUE;Ft-JRTHER-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) E5. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION PURSUANT TO PARAGRAPH(2)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) E6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F. TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. — CITY April 20, 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 8 E7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956,8-FOR-PROPERTY GENERALLY-LOCATED-AT-THERANGH ETROL-INK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHT-OF-WAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBAAS BRIGHTLINE WEST; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT.-(CITY) The Closed Session meeting adjourned at 9:08 p.m.; no reportable action taken. Respectfully submitted, da . Troyan, MMC Approved: May 4,2022-Regular Meeting Cit erk Services Director April 20, 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 8