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Home My WebLink About2022/09/21 - Minutes • September 21, 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, September 21, 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, Mayor Pro Tem Lynne Kennedy, and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; Matt Burris, Deputy City Manager/Economic and Community Development and Julie Sowles, Deputy City Manager/Civic and Cultural Services. 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 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.: PENDING. (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. BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, SBSC CASE NO.: CIVSB2201955. (CITY) 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 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) D6. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: R.J. NOBLE September 21, 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 COMPANY VS. ONYX PAVING COMPANY, INC., ET AL., SAN BERNARDINO SUPERIOR COURT CASE NO. CIVSB 2214474 (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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) E. RECESS The closed session recessed at 6:26 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 September 21, 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. Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Linda Troyan, MMC, City Clerk Services Director. Mayor Pro Tem Kennedy led the Pledge of Allegiance. A. AMENDMENTS TO THE AGENDA None. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Friends of the Library$50,000 Donation to the Rancho Cucamonga Public Library. Mayor Michael and Members of the City Council expressed appreciation for the service, efforts and donation presented to the Rancho Cucamonga Public Library by the Friends of the Library. B2. Presentation of a Proclamation Declaring the Month of September 2022 as Suicide Prevention Month and Recognition of partnership with San Bernardino County Superintendent of Schools on Applied Suicide Intervention Skills Training. Mayor Michael and Members of the City Council presented a Proclamation declaring the month of September 2022 as Suicide Prevention Month to Beatrice Blake, Program Coordinator, with Reaching the Whole Child and Community Partners. Community Programs Coordinator Joanna Marrufo shared information and resources on Suicide Prevention. B3. Presentation of Public Technology Institute (PTI) 2022 Solutions Awards for the Exemplary Use of GIS Technology to Improve Government Services. Michelle Munson, DolT Director and Lilyan Villareal, DolT Deputy Director, presented and shared information about the recently awarded Public Technology Institute(PTI) 2022 Solutions Award received by the DolT GIS team. September 21, 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 C. PUBLIC COMMUNICATIONS Bill Kaufman, spoke about his legal dispensaries and state laws. Janet Walton, offered a prayer. D. CONSENT CALENDAR Council Member Scott announced that she will need to abstain on item D2, due to a potential conflict of interest as her employer is Southern California Gas Company. D1. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of$1,834,192.31 and City and Fire District Weekly Check Registers(Excluding Checks Issued to Southern California Gas Company) in the Total Amount of$3,871,254.57 Dated August 29, 2022, Through September 11, 2022. (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$16,159.33 Dated August 29, 2022,Through September 11, 2022. (CITY/FIRE) D3. Consideration to Receive and File Current Investment Schedules as of August 31, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D4. Consideration to Issue a Purchase Order for the Purchase of Ten Transformers from Anixter Power Solutions in the Amount of$820,000 and an Appropriation in the Amount of$820,000. (CITY) D5. Consideration of an Appropriation in the Amount of$27,200 from the Law Enforcement Reserve Fund to Supplement Homeland Security Grant Funds for PSVN Projects. (CITY) D6. Consideration to Approve the Use of the National Association of State Procurement Officials (NASPO) Valuepoint Cooperative Agreement for the Annual Replacement of Computers from Dell and Lenovo in the Amount Not to Exceed $175,000. (CITY) D7. Consideration of the Purchase of Electrical Supplies with Walters Wholesale Electric of Rancho Cucamonga in an Amount Not to Exceed $200,000. (CITY/FIRE) D8. Consideration to Approve Professional Services Agreements for Network Support and Equipment Procurement. (CITY/FIRE) D9. Consideration of a Professional Services Agreement with Fehr and Peers for 1-year On-Call Traffic Impact Analysis and Review Services. (CITY) D10. Consideration of a Construction Contract with Loghmani&Associates Design Group, Inc., in the Amount of$1,499,890 Plus a 10% Contingency in the Amount of$149,990 from the Library Capital Fund (Fund 329)for the Paul A. Biane Library Second Floor Tenant Improvements for Exhibit Installation. (CITY) D11. Consideration to Approve Amendment No.001 to the Professional Services Agreement CO#2020-133, with CalAmp Radio Satellite Integrators, Inc. for Automated Vehicle Location (AVL) Services. (CITY/FIRE) D12. Consideration of Amendment No.002 to the Professional Services Agreement with Transtech Engineers (CO#19-106) and Amendment No. 002 to the Professional Services Agreement with Bureau Veritas (CO#19-108) to Add the Fire District as a Party to the Agreements and Increase the Annual Compensation for Professional Services. (CITY) D13. Consideration of Approval of Amendment No.2 to Contract No. 19-072 with SMG—Rancho Cucamonga Premier Food Services LLC and to Extend the Expiration Date for an Additional 3-Month Period. (CITY) September 21, 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 D14. Consideration to Release Public Improvements Securities for Case No. DRC2018-00430, Located East of Vineyard Avenue North of 8th Street, 8825 Vineyard Avenue. (CITY) D15. Consideration of a Resolution Authorizing the Attestation of Veracity for the Rancho Cucamonga Municipal Utility 2021 Power Source Disclosure Annual Report and Power Content Label. (RESOLUTION NO. 2022-125) (CITY) D16. Consideration of a Resolution Adopting the Measure "I" Five-Year Capital Project Needs Analysis Covering Fiscal Years 2023/2024 through 2027/2028. (RESOLUTION NO. 2022- 126) (CITY) MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tern Kennedy, to approve Consent Calendar Items D1 through D16, with Council Member Scott abstaining on item D2, due to her employment with Southern California Gas Company. Motion carried, 4-0. E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION El./ E2. Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING DEVELOPMENT CODE CHAPTERS 17.38 AND 17.140 ESTABLISHING AN AGRICULTURAL OVERLAY, ADOPTING AN EXEMPTION TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF. ORDINANCE NO. 1009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT PERMITTING ELECTRIC VEHICLE SALES AS A BY-RIGHT USE IN THE MIXED EMPLOYMENT 2, CORRIDOR 1, CORRIDOR 2 AND CENTER 2 ZONES, AMENDING THE LAND USE DEFINITIONS FOR ELECTRIC VEHICLE SALES, AND MAKING FINDINGS PURSUANT TO CEQA MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Scott, to waive full reading and adopt Ordinances No. 1008 and 1009 by title only. Linda Troyan, MMC, City Clerk Services Director, read the titles of Ordinance Nos. 1008 and 1009 by title only. VOTES NOW CAST ON MOTION: Moved by Mayor Pro Tern Kennedy,seconded by Council Member Scott, to waive full reading and adopt Ordinance Nos. 1008 and 1009 by title only. Motion carried, 4-0. F. ADMINISTRATIVE HEARING ITEM(S) F1. Consideration of a Disposition and Development Agreement with DesertExpress Enterprises, LLC (dba Brightline West) for a Portion of Property Located at the Northwest Corner of Milliken Avenue and Azusa Court, Including Easements Across Portions of Right-Of-Way on 8th Street, Milliken Avenue, and the Cucamonga Station Property, for the Development of a Station and Track as Part of a High Speed Rail System with an Origin/Terminus Between Las Vegas Nevada and the Cucamonga Station in Rancho Cucamonga. (CITY) City Manager Gillison introduced the item and noted the recommendation to continue the item to the next City Council meeting on October 4th, 2022 in order to have the opportunity to have all legal documents available presented for approval. Mayor Michael opened the Administrative Hearing. There were no public communications. September 21, 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 MOTION: Moved by Council Member Scott, seconded by Mayor Pro Tern Kennedy, to continue the Administrative Hearing item to the October 4, 2022 City Council meeting at 7:00PM in the Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Motion carried 4-0. F2. Consideration of a Request by the Etiwanda Historical Society for the One-Time Set of Fee Waivers to Facilitate Repair and Maintenance at the Chaffey-Garcia House and Chaffey-Isle House located at 7150 Etiwanda Avenue and 7086 Etiwanda Avenue; APNs: 1089-593-01 and -1089-592-79. (CITY) City Manager Gillison introduced Zack Neighbors,Acting Deputy Director of Building and Safety,who gave the staff report. Mayor Michael opened the Administrative Hearing. There were no public communications. Mayor Michael closed the Administrative Hearing. MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Mayor Michael, to approve a One-Time Set of Fee Waivers to Facilitate Repair and Maintenance at the Chaffey-Garcia House and Chaffey-Isle House. Motion carried 4-0. G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT G1. Consideration to Approve the Community Development Block Grant (CDBG) Program Year 2021- 2022 Consolidated Annual Performance and Evaluation Report(CAPER). (CITY) City Manager Gillison introduced Flavio Nunez, Management Analyst, 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 Hutchison,seconded by Mayor Pro Tern Kennedy,to approve the Community Development Block Grant (CDBG) Program Year 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER), determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly, and authorize City Manager or their designee to submit Report to the U.S. Department of Housing and Urban Development(HUD). Motion carried 4-0. H. CITY MANAGERS STAFF REPORT(S) H1. Presentation of Analysis on Artificial Turf Fields. City Manager Gillison introduced Albert Espinoza, Deputy Director of Public Works and Katie Distelrath, Community Services Deputy Director, who gave a presentation on an analysis of artificial turf fields. Discussion ensued on costs to maintain artificial turf fields and unfunded mandates from the state. The report was received and filed. H2. September Rain Update. City Manager Gillison introduced Bill Wittkopf, Public Works Services Director,who gave an update on rain impacts from September 11, 2022 and Jason Welday, Director of Engineering Services, who provided a Heritage Community Park Bridge update. September 21, 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 • The report was received and filed. 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. RECESS. Mayor Michael recessed the City Council Meeting at 8:28 p.m. to Closed Session. D. CONDUCT OF CLOSED SESSION Present were Council Members: Ryan Hutchison, Kristine Scott, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; Matt Burris, Deputy City Manager/Economic and Community Development and Julie Sowles, Deputy City Manager/Civic and Cultural Services. D1. 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.: PENDING. (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. BTC III RANCHO CUCAMONG A LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, SBSC CASE NO.: CIVSB2201955. (CITY) 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 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 September 21, 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 CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. —(CITY) D6. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: R.J. NOBLE COMPANY VS. ONYX PAVING COMPANY, INC., ET AL., SAN BERNARDINO SUPERIOR COURT CASE NO. CIVSB 2214474 (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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) L. ADJOURNMENT The Closed Session ended at 9:10 p.m. Mayor Michael adjourned the Regular Meetings of the City of Rancho Cucamonga City Council, Rancho Cucamonga Fire Protection District, Public Financing Authority, Housing Successor Agency,and Successor Agency to Tuesday, October 4, 2022, at 7:00 p.m. Approved: October 19, 2022 Lin royan, MMC y erk Services Director September 21, 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