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Home My WebLink About2022/05/04 - Minutes May 4, 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, May 4, 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 Tern Lynne Kennedy and Mayor L. Dennis Michael (via Zoom teleconference). 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 Dl. 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) D2. 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) D3. 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) D4. 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) D5. 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) May 4,2022 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—PENDING LITIGATION PURSUANT TO PARAGRAPH(4) OF SUBDIVISION (D)OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY) D7. 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 D8. 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) D9. 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) D10. 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, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHTOFWAY 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. May 4, 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 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 May 4, 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 Tern Lynne Kennedy, and Mayor L. Dennis Michael (via Zoom teleconference). Mayor Pro Tern Kennedy announced that she will be presiding the meeting as Mayor Michael will be participating via teleconference. 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. City Manager Gillison announced that in accordance with AB 361, 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 dialing (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. ANNOUNCEMENT / PRESENTATIONS B1. Certificate of Recognition to the Fergot Family for their Efforts in Administering the American Flag Retirement Program. Mayor Michael and Members of the City Council presented a Certificate of Recognition to the Fergot Family for their efforts in administering the American Flag Retirement Program. B2. Presentation of a Proclamation to the Rancho Cucamonga Chamber of Commerce Declaring the Month of May 2022 as Business Appreciation Month. Mayor Michael and Members of the City Council presented a Proclamation to the Rancho Cucamonga Chamber of Commerce recipients and representatives: Robert Hufnagel, President of the Chamber of Commerce and Flora Dugbartey, Executive Director of the Chamber of Commerce. B3. Presentation of a Proclamation Declaring the Month of May 2022 as Mental Health Awareness Month. Mayor Michael and Members of the City Council presented a Proclamation to community partners declaring the month of May 2022 as Mental Health Awareness Month. C. PUBLIC COMMUNICATIONS Janet Walton, announced National Day of Prayer on May 5th and offered a prayer. May 4, 2022 I Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga Page 3 of 7 D. CONSENT CALENDAR D1. Consideration of Meeting Minutes for the Regular Meetings of:April 6, 2022 and April 20, 2022. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,997,859.97 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of$4,113,458.93 Dated April 11, 2022, Through April 24, 2022, and City and Fire District Electronic Debit Registers for the Month of March in the Total Amount of $1,378,054.69.(CITY/FIRE) D3. Consideration to Approve Amended Fiscal Year 2021/22 Appropriations.(CITY/FIRE) D4. AB 361 Findings for Special Brown Act Requirements for Teleconference.(CITY/FIRE) D5. Consideration of Amendment No.001 to the Professional Services Agreement with Aufbau Corporation for On-Call Construction Management and Inspection Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of$1,200,000. (CITY/FIRE) D6. Consideration of Amendment No. 001 to the Professional Services Agreement with Ninyo and Moore Geotechnical & Environmental Sciences Consultants for On-Call Geotechnical Engineering and Material Sampling/Testing Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of$450,000. (CITY/FIRE) D7. Consideration of a Contract with Hardy and Harper, Inc., in an Amount of $1,315,000 Plus 5% Contingency,and Authorization of an Appropriation in an Amount of$657,200 from the Gas Tax R&T7360 Fund 174 Balance for the FY2021-22 Major Arterials Pavement Rehabilitation Project. (CITY) D8. Consideration to Adopt an Annexation Map Showing Assessor Parcel Number 0229-151-27 Located at 8629 Pecan Avenue, Which is Proposed to be Annexed Into CFD No. 85-1; and Approval to Adopt a Resolution of Intention to Annex Territory Referred to as Annexation No. 22-2 into Community Facilities District No. 85-1, Specifying Services Proposed to be Financed, to Set and Specify the Special Taxes Proposed to be Levied Within the Annexation Territory and Set a Time and Place for a Public Hearing Related to the Annexation. (RESOLUTION NO. FD 2022-008) (RESOLUTION NO. FD 2022-009) (FIRE) D9. Consideration to Accept Grant Revenue from the Edward Byrne Memorial Justice Assistance Grant Funds to Purchase Equipment for the Rancho Cucamonga Police Department.(CITY) D10. Consideration of Adoption of Statement of Goals and Policies for the Use of Community Facilities Districts and Assessment Districts. (CITY) D11. Consideration of an Appropriation in the Amount of$3,700 from the Underground Utilities Fund(Fund 129) for the Construction of a New Streetlight.(CITY) D12. Consideration of an Agreement Between San Bernardino County and the City of Rancho Cucamonga to Allow the Exercise of Joint Powers for the Purpose of Acquiring Real Property Interests Associated with the Etiwanda Grade Separation Project.(CITY) D13. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Executive Management Employee Group. (RESOLUTION NO. 2022-044) (CITY) D14. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Rancho Cucamonga Management Association. (RESOLUTION NO.2022-045) (CITY) May 4, 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 D15. Consideration to Approve Parcel Map 20164 and Ordering the Annexation into Landscape Maintenance District No. 3B and Street Light Maintenance Districts No's. 1 and 6 Located at the Southwest Corner of Archibald Avenue and 9th Street, 8768 Archibald Avenue, Related to Case No. SUBTPM20164. (RESOLUTION NO. 2022-046, RESOLUTION NO. 2022-047 AND RESOLUTION NO. 2022-048) (CITY) MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to approve Consent Calendar Items D1 through D15. Roll Call Vote: Council Member Hutchison: Aye, Mayor Pro Tern Kennedy: Aye, Council Member Scott: Aye, and Mayor Michael: Aye. Motion carried, 4-0. E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION None. • F. ADMINISTRATIVE HEARING ITEMS) F1. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four- fifths Vote, Interim Urgency Ordinance No. 998, to be Read by Title Only and Waive Further Reading, Adopting an Interim Development Code and Official City Of Rancho Cucamonga Zoning Map, and Declaring The Urgency Thereof,and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) In Connection Therewith. (INTERIM URGENCY ORDINANCE NO. 998) (CITY) John Gillison, City Manager, introduced Jennifer Nakamura, Deputy Director of Planning, who gave the Staff Report. Mayor Pro Tern Kennedy opened the Administrative Hearing item. There were no public communications received. Mayor Pro Tern Kennedy closed the Administrative Hearing item. MOTION: Moved by Mayor Michael,seconded by Council Member Scott,to adopt Urgency Ordinance No.998, by title only and waive further reading. Linda A. Troyan, MMC, City Clerk Services Director, read the title of Urgency Ordinance No. 998. VOTES NOW CAST ON MOTION: Moved by Mayor Michael, seconded by Council Member Scott, to adopt Urgency Ordinance No. 998, by title only and waive further reading. Roll Call Vote: Council Member Hutchison: Aye, Mayor Pro Tem Kennedy: Aye, Council Member Scott: Aye, and Mayor Michael: Aye. Motion carried, 4-0. G.ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT None. H. CITY MANAGER'S STAFF REPORT(S) None. I. COUNCIL BUSINESS 11. COUNCIL ANNOUNCEMENTS Mayor Michael and Council Members spoke on Council Member Spagnolo's passing, legacy and expressed sympathy to the Spagnolo family. . May 4,2022 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 7 • 12. INTERAGENCY UPDATES None. J. CITY ATTORNEY ITEMS None. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. L. ADJOURNMENT Mayor Pro Tern Kennedy recessed the Meeting at 7:50 p.m.to Closed Session in the Tri-Communities Conference Room at City Hall, 10500 Civic Center Drive, Rancho Cucamonga. Present were Council Members: Ryan Hutchison, Kristine Scott, Mayor Pro Tern Lynne Kennedy. Absent: 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. D. CONDUCT OF CLOSED SESSION Dl. 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) D2. 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) D3. 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) D4. 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) D5. 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) D6. 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. BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA; CITY May 4,2022 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 NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F, TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. — CITY D8. 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) D9. 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) D10. 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, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHTOFWAY 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) The Closed Session meeting adjourned at 9:55 p.m.; no reportable action taken. Respectfully submitted, • •. Troyan, MMC C. Clerk Services Director Approved: June 15, 2022, Regular Meeting May 4,2022 I Firp Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga '.Page 7 of 7