HomeMy WebLinkAbout2022/10/04 - Minutes October 4, 2022
CITY OF RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY,
PUBLIC FINANCE AUTHORITY AND CITY COUNCIL ADJOURNED REGULAR MEETINGS MINUTES
The City Council of the City of Rancho Cucamonga held a closed session on Tuesday, October 4, 2022, in the
Tapia 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 Tern Lynne Kennedy, and Mayor L.
Dennis Michael.
Also present were:John Gillison, City Manager; Elisa Cox,Assistant City Manager; James Markman, 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)
October 4, 2022 I Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Adjourned Regular Meetings Minutes
City of Rancho Cucamonga I Page 1 of 6
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 IDENTIFIED AS PARCEL NUMBERS 0227-121-56-0000 COMMONLY
KNOWN AS ADDRESS 7089 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA 91730;
NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY
DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, RAYMOND WOLFE,
EXECUTIVE DIRECTOR, REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY(SBCTA), REGARDING PRICE AND TERMS. —CITY
D8. 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.
TOVEY/SHULTZ, INC., ET AL., SAN BERNARDINO SUPERIOR COURT, CASE NO. CIVSB 2127516
(CITY)
D9. 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 cv01656SBKK. (CITY)
D10. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957
(TITLE: CITY MANAGER)
E. RECESS
The closed session recessed at 6:30 p.m.
ADJOURNED REGULAR MEETING - 7:00 p.m.
CALL TO ORDER- COUNCIL CHAMBERS
The adjourned 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 Tuesday,
October 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 Tem Lynne Kennedy and Mayor L.
Dennis Michael.
Also present were: John Gillison, City Manager; James Markman, 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 a Certificate of Sympathy in Memory of Bob Dutton, Longtime Public Servant: Former Rancho
Cucamonga City Council Member, California Senator and Assemblymember, who Served as the County Assessor,
Recorder and Clerk.
Mayor Michael and Members of the City Council presented a Certificate of Sympathy to the Dutton family in memory
of Bob Dutton and announced that the City Council will adjourn the meeting in his memory.
October 4, 2022 I Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Adjourned Regular Meetings Minutes
City of Rancho Cucamonga I Page 2 of 6
B2. Presentation of Government Finance Officers Association (GFOA)Certificate of Achievement for Excellence in
Financial Reporting.
Noah Daniels, Finance Director, presented and shared information about the recently awarded Certificate of
Achievement for Excellence in Financial Reporting received by the Finance Department.
C. PUBLIC COMMUNICATIONS
Erick Jimenez, informed while campaigning, questions arose concerning lawsuits, particularly one with Pepe's Towing
and a settlement request of 12 million dollars.
Bill Kaufman, spoke in support of cannabis dispensaries and submitted letters in support of his dispensaries.
D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of: June 1, 2022, June 15, 2022, July 20,
2022, August 3, 2022, August 17, 2022 and Special Meetings of:August 23, 2022.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of$2,106,637.34
and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas
Company) in the Total Amount of$8,025,757.39 Dated September 12, 2022, Through September 25,
2022, and City and Fire District Electronic Debit Registers for the Month of August in the Total Amount
of$6,096,689.95. (CITY/FIRE)
D3. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)
D4. Consideration of the Purchase of Fertilizer and Pesticides on an as Needed Basis from Nutrien Ag
Solutions and Wilbur-Ellis Co. in an Amount Not to Exceed $138,200. (CITY)
D5. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention
and Bonds for the Rochester Avenue Pavement Rehabilitation Project. (CITY)
D6. Consideration of an Award to Southern California Sound Image, Inc. and Authorization of a Budget
Transfer in the Amount of$115,770 for the Purchase of a Theatrical Public Address(PA)System for the
Lewis Family Playhouse. (CITY)
D7. Consideration of a Professional Services Agreement with Lisa Wise Consulting, Inc.for the Development
of an Economic Development Strategic Pan for a Total Not to Exceed $82,500. (CITY)
D8. Consideration of a Resolution Approving the Property Tax Exchange Related to LAFCO 3256 Resulting
from Annexation to the City. (RESOLUTION NO. 2022-128) (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)
MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott,to approve Consent Calendar
Items D1 through D8. Motion carried, 4-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
No items.
F. ADMINISTRATIVE HEARING ITEM(S)
October 4, 2022 I Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Adjourned Regular Meetings Minutes
City of Rancho Cucamonga I Page 3 of 6
F1. Consideration of a: 1) Disposition and Development Agreement with DesertExpress Enterprises, LLC
(dba Brightline West) and the San Bernardino County Transportation Authority(SBCTA)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); 2)Amendment No. 2 to Cooperative Agreement No. 94-001 by and between the
San Bernardino County Transportation Authority (SBCTA) and the City of Rancho Cucamonga with
regard to the management of jointly owned property at Cucamonga Station, all of which is located in
the Haven-Arrow-Rochester-Transit(HART) District in the City of Rancho Cucamonga. (CITY)
City Manager Gillison introduced the item and presented a PowerPoint presentation for item F1. City Manager
Gillison reviewed the project plan by Brightline West to construct a 180+mile rail line connecting Las Vegas, Nevada
to Rancho Cucamonga and the opportunity for multi-modal transit at the HART District. Mr. Gillison reviewed
construction timeframes, site plans and partnership between Brightline West and SBCTA.
Mayor Michael opened the Administrative Hearing.
Sarah Watterson, applicant, Vice President of Brightline West, spoke about the project and linking public
transportation together at the HART District.
Mayor Michael closed the Administrative Hearing.
Discussion ensued on job and economic development opportunities.
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to approve 1) Approve the
Disposition and Development Agreement with DesertExpress Enterprises, LLC (dba Brightline West) and the San
Bernardino County Transportation Authority (SBCTA) 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; and 2) Approve Amendment No. 2 to Cooperative Agreement No.
94-001 by and between the San Bernardino County Transportation Authority (SBCTA) and the City of Rancho
Cucamonga with regard to the management of jointly owned property at Cucamonga Station. Motion carried 4-0.
G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT
G1. Consideration of Biennial Review of Conflict of Interest Code and a Resolution Adopting By Reference the
Standard Conflict of Interest Provisions of California Code of Regulations Title 2, Section 18730 and
Approving an Amended Conflict of Interest Code, Appendix I and II, to Account for the Addition, Deletion
and Modification of Positions Listed as "Designated Positions" and Including Disclosure Categories for
Designated Consultants. (RESOLUTION NO. 2022-127) (CITY)
City Manager Gillison introduced Patricia Bravo-Valdez, MMC, Deputy Director of City Clerk Services,who provided
a staff report.
Mayor Michael opened the Public Hearing.
There were no public communications.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Scott, to approve Resolution No.
2022-127, Adopting By Reference the Standard Conflict of Interest Provisions of California Code of Regulations
Title 2, Section 18730 and Approving an Amended Conflict of Interest Code, Appendix I and II, to Account for the
Addition, Deletion and Modification of Positions Listed as "Designated Positions" and Including Disclosure
Categories for Designated Consultants. Motion carried 4-0. •
H. CITY MANAGERS STAFF REPORT(S)
October 4, 2022 I Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Adjourned Regular Meetings Minutes
City of Rancho Cucamonga I Page 4 of 6
H1. Consideration of First Reading of Ordinance No. 1010, Entitled "An Ordinance of the City of Rancho
Cucamonga, California, Adding Section 10.60.060 to the Rancho Cucamonga Municipal Code to Establish
Procedures for the Designation of On-Street Accessible Parking Zones" to be Read by Title Only and Waive
Further Reading and Approval of the Guidelines for Installation On-Street Accessible Parking Zones.
(ORDINANCE NO. 1010) (CITY)
City Manager Gillison introduced Jason Welday, Director of Engineering Services and Frank Lopez, Principal Civil
Engineer, who gave a staff report.
Discussion ensued on application requirements.
MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to Introduce First Reading
of Ordinance No. 1010, by title only and waive further reading and approve the Guidelines for On-Street Accessible
Parking Zones and authorize the City Engineer to administratively modify the guidelines and application from time
to time as deemed necessary.
Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1010 by title only.
ORDINANCE NO. 1010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING
SECTION 10.60.060 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH PROCEDURES FOR
THE DESIGNATION OF ON-STREET ACCESSIBLE PARKING ZONES
VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott,
to Introduce First Reading of Ordinance No. 1010, by title only and waive further reading and approve the
Guidelines for On-Street Accessible Parking Zones and authorize the City Engineer to administratively modify the
guidelines and application from time to time as deemed necessary. Motion carried 4-0.
H2. Consideration of First Reading and Introduction of Ordinance No. 1011, to be Read by Title Only and Waive
Further Reading, Adopting the 2022 Edition of the California Building (model) Codes and the 2021 Edition of
the International Building Codes and a Request to Set a Date for a Public Hearing for the Proposed Ordinance.
(ORDINANCE NO. 1011) (CITY)
H3. Consideration of First Reading of Ordinance No. FD-58, to be Read by Title Only and Waive Further Reading,
An Ordinance of the Board of Directors of the Rancho Cucamonga Fire Protection District Adopting by
Reference the 2022 California Fire Code, With Errata, Together With Certain Changes, Modifications,
Amendments, Additions, Deletions, and Exceptions; Providing for the Issuance of Permits and Collection of
Fees; and Repealing Conflicting Ordinances. (ORDINANCE NO. FD-58) (FIRE)
City Manager Gillison introduced Zack Neighbors,Acting Deputy Director of Building and Safety,who gave the staff
report for items H2 and H3.
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Hutchison,to Introduce First Reading
of Ordinance No. 1011, by title only and waive further reading.
Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1011 by title only.
ORDINANCE NO. 1011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, INCORPORATING THE
"INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2", 2021 EDITION, INCLUDING APPENDICES
THERETO; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCORPORATING THE "INTERNATIONAL
RESIDENTIAL CODE", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA
MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE", 2021 EDITION, INCLUDING
APPENDICES THERETO; THE 2022 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM
PLUMBING CODE", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA
ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2020 EDITION, INCLUDING
ANNEXES THERETO; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE INCLUDING
October 4, 2022 I Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Adjourned Regular Meetings Minutes
City of Rancho Cucamonga I Page 5 of 6
APPENDICES THERETO; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE", • INCLUDING
APPENDICES THERETO; THE 2022 CALIFORNIA REFERENCED STANDARDS CODE; THE 2021
INTERNATIONAL SWIMMING POOL AND SPA CODE; AND THE 2021 INTERNATIONAL PROPERTY
MAINTENANCE CODE, TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS,
EXCEPTIONS, AND PENALTIES, AND AMENDING TITLE 15 OF THE RANCHO CUCAMONGA MUNICIPAL
CODE
VOTES NOW CAST ON MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Hutchison,
to Introduce First Reading of Ordinance No. 1011, by title only and waive further reading. Motion carried 4-0.
MOTION: Moved by Board Member Hutchison, seconded by Vice President Kennedy, to Introduce First Reading
of Ordinance No. FD-58, by title only and waive further reading.
Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. FD-58 by title only.
ORDINANCE NO. FD 58
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION
DISTRICT, STATE OF CALIFORNIA,ADOPTING BY REFERENCE THE 2022 CALIFORNIA FIRE CODE,WITH
ERRATA, TOGETHER WITH CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS, ADDITIONS,
DELETIONS, AND EXCEPTIONS; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF
FEES; AND REPEALING CONFLICTING ORDINANCES
VOTES NOW CAST ON MOTION: Moved by Board Member Hutchison, seconded by Vice President Kennedy,
to Introduce First Reading of Ordinance No. FD-58, by title only and waive further reading. Motion carried 4-0.
I. COUNCIL BUSINESS
11. COUNCIL ANNOUNCEMENTS
Mayor Michael recognized the Community Services Department for the recent Senior Citizen Wellness Fair and
performances at the Lewis Family Playhouse.
12. INTER-AGENCY UPDATES
Council Member Hutchison announced he and Mayor Pro Tern Kennedy attended a Public Works Subcommittee
meeting on September 21, 2022 regarding on-street accessible parking zones.
J. CITY ATTORNEY ITEMS
None.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
L. ADJOURNMENT
Mayor Michael adjourned the City Council Meeting in Memory of Bob Dutton at 8:24 p.m.
Approved: November 2, 2022
Lind- A. royan, MMC
y CI k Services Director
October 4, 2022 I Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Adjourned Regular Meetings Minutes
City of Rancho Cucamonga I Page 6 of 6