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HomeMy WebLinkAbout2023/01/18 - Minutes January 18,2023 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, January 18, 2023, 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, Ashley Stickler, Mayor Pro Tom Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Elise Cox, Assistant 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 LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OF HUMAN RESOURCES; ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR; AND NOAH DANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE) D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC, REGARDING PRICE AND TERMS OF PAYMENT. (CITY) D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ADJACENT TO 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-131-27; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND ATCHISON TOPEKA&SANTA FE RR CO., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY) D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS A PORTION OF 8TH STREET LYING ON THE NORTHWEST CORNER OF THE INTERSECTION OF ARCHIBALD AVENUE AND 8TH STREET, RANCHO CUCAMONGA, CA 91730', NEGOTIATING PARTIES JASON WELDAY, DIRECTOR OF ENGINEERING SERVICES REPRESENTING THE CITY OF RANCHO CUCAMONGA,AND VICTOR LOPEZ, DIRECTOR OF TRANSIT AND RAIL REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, REGARDING PRICE AND TERMS. (CITY) January 18, 2023 1 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 D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 0227-121-55 COMMONLY KNOWN AS ADDRESS 7092 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, RICHARD HAMM, REPRESENTING PELICAN COMMUNITIES, REGARDING PRICE AND TERMS. (CITY) E. RECESS The closed session recessed at 6:14 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 January 18, 2023, 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,Ashley Stickler, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Patricia Bravo-Valdez, MMC, Deputy Director of City Clerk Services. Mayor Pro Tem Lynne Kennedy led the Pledge of Allegiance. A. AMENDMENTS TO THE AGENDA None. B. ANNOUNCEMENTS/PRESENTATIONS Bl. Presentation on How Hands-Only CPR and AEDS can Save Lives. Patricia Eickholt, Quality Improvement Nurse for the Rancho Cucamonga Fire Protection District, provided a presentation on how Hands-Only CPR and AEDS can save lives. For more information on classes and programs, staff encouraged all community members to visit RCFire.org. C. PUBLIC COMMUNICATIONS 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. Di. Consideration to Approve Cityand Fire District Bi-Weekly Payroll in the Total Amount of$1,857,973.41 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of$3,835,548.04 Dated December 19, 2022, Through January 08, 2023, and City and Fire District Electronic Debit Registers for the Month of December in the Total Amount of$1,851,863.17. (CITY/FIRE) January 18, 2023 1 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 D2. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $11,969.55 Dated December 19, 2022, Through January 08, 2023. (CITY/FIRE) D3. Consideration to Receive and File Current Investment Schedules as of December 31, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D4. Considerationto Receiveand File Annual Commission/Committee/Board Attendance Reportfor2022. (CITY) D5. Consideration to Accept Grant Revenue from the Edward Byrne Memorial Justice Assistance Grant Funds to Purchase Equipment for the Rancho Cucamonga Police Department. (CITY) D6. Consideration of an Agreement with Providence II Arta Apartments, LLC for Partial Funding for the Widening of Hermosa Avenue and Revised Parking Management Plan for the Arta Apartment Complex, and Finding the Agreement and Revised Parking Management Plan Exempt from the California Environmental Quality Act(CEQA). (CITY) D7. Consideration of an Improvement Agreement Extension for Case No. SUBTT20042, Located on the East Side of Carnelian Avenue, North of Hillside Avenue, Submitted by New Weaver Lane, LLC. (CITY) D8. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. DRC2021-00026, Located at 6724 Pasito Avenue. This Item is Exempt from the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines under CEQA Section 15303—New Construction or Conversion of Small Structures. (RESOLUTION NO.2023-001)(RESOLUTION NO.2023-002)(RESOLUTION NO.2023-003)(CITY) D9. Consideration of an Appropriation of Funds in the Amount of $33,000 from Fund 016 for the Development of an Accessory Dwelling Unit (ADU) Homeowners Handbook to be Reimbursed from State SB 2 Planning Grant Revenues. (CITY) D10. Consideration of the Purchase of Network Virtualization and Security Software in the Amount of $169,760 and Consideration of a Professional Services Agreement with VMware in the Amount of $144,800 for Implementation Services. (CITY/FIRE) D11. Consideration of an Increase to Public Works Contract No. 2021-049 for Southern California Sound Image in the amount of$476,750 for the Audio-Visual Upgrades in City Facilities, and to Authorize an Appropriation in the Amount of$310,710, (CITY) D12. Consideration to Adopt a Resolution Modifying Paying and Reporting the Value of Employer Paid Member Contribution to CalPERS for the Rancho Cucamonga Management Association Bargaining Unit. (RESOLUTION NO. 2023-004) (CITY) D13. Consideration of a Resolution Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS for Firefighters Local 2274 and Fire Management Employees Group. (RESOLUTION NO. FD2023-001) (FIRE) D14. Consideration to Approve a Resolution Adopting the Part-Time City Positions Salary Schedule for Fiscal Year 2022-23. (RESOLUTION NO. 2023-006)(CITY) MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Hutchison, to approve Consent Calendar Items D1 through D14, with Council Member Scott abstaining on item D2, due to her employment with Southern California Gas Company. Motion carried 5-0. January 18, 2023 1 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 E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION El. Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1014 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTIONS 10.56.010, 10.56.020, AND 10.56.30 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO ALTER TRUCK ROUTES, MAKING FINDINGS IN SUPPORT THEREOF, AND MAKING A DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT MOTION: Moved by Council Member Scott, and seconded by Council Member Stickler, to waive full reading and adopt Ordinance No. 1014 by title only. Patricia Bravo-Valdez, MMC, Deputy Director of City Clerk Services, read the title of Ordinance No. 1014. VOTES NOW CAST ON MOTION: Moved by Council Member Scott, and seconded by Council Member Stickler, to waive full reading and adopt Ordinance No. 1014 by title only. Motion carried, 5-0. F. ADMINISTRATIVE HEARING ITEM(S) None. G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT G1. Public Hearing for Consideration of Appeals Identified as DRC2022-00445 And DRC2022-00449 of the Planning Commission's Decision to Approve Design Review DRC2019-00850 — Island View Ventures, LLC, Applicant-A Request for a Site Plan and Design Review to Construct a Mixed-Use Development Comprising 311 Residential Units and 16,000 Square Feet of Commercial Lease Area on 7.94 Acres of Land at the Southeast Corner of Foothill Boulevard and Haven Avenue in the Mixed- Use Urban Corridor (MU-UCT) Zone: APN: 0208-353-02. A CEQA Section 15183 Compliance Memorandum has been Prepared for this Project. (RESOLUTION NO. 2023-007 AND 2023-008)(CITY) City Manager Gillison introduced item 31 and noted that the City Council received additional material following the delivery of the agenda packet and all additional material has been provided and made available to the City Council and is also available for the public to review. Correspondence received on item G1 received from: Poole, Shaffery Attorneys at Law; Lozeau, Drury LLP; and LSA Associates Incorporated. City Manager Gillison introduced Tabe Van der Zwaag, Associate Planner, who provided the staff report for item G7 and recommended approval with updated language on the parking management plan condition of approval to include that any revisions to the parking management plan shall be approved by the Planning Director only if he or she finds that the revision will not cause a parking impact for the project. Mayor Michael opened the Public Hearing. Appellant, Hunt C. Braly, attorney at Poole, Shaffery,Attorneys at law, representing Eaglecell Group LLCIBarton Place, addressed the City Council and explained he was retained by Barton Plaza after the Planning Commissions' approval to file an appeal and work with the applicant on the concerns with parking; spoke about parking requirements and recommended the City look at decisions that may potentially affect adjacent property owners and for the city to confirm that they do have code compliant parking. He noted that the main focus for the future is the parking management plan and appreciated the amendment that staff is proposing. He also asked the City to discuss and disclose which city department will be the focal point if there are any parking problems in quarterly reports; shared they have entered into an agreement on a construction management plan with the applicant; and shared appreciation for consideration by the City Council of the appeal and the applicant's January 18, 2023 1 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 G2. Public Hearing to Consider and Conduct First Reading of Ordinance No. 1015 to be Read by Title Only and Waive Further Reading, Amending Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to Make Various Technical Text Amendments, Amending the Current Zoning Map with Various Technical Amendments; and the Consideration to Adopt Resolution No. 2023-005, Amending the General Plan Land Map with Various Technical Amendments. The City has Prepared an Addendum to the General Plan EIR (SCH No. 2021050261) for the Project. (ORDINANCE NO. 1015) (RESOLUTION NO. 2023-005) (CITY) City Manager Gillison introduced David Eoff,Senior Planner,and Sean McPherson,Senior Planner,who provided the staff report for item G2. Mayor Michael opened the Public Hearing. There were no public communications. Mayor Michael closed the Public Hearing. MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to adopt Resolution No. 2023-005 and Introduce First Reading of Ordinance No. 1015, by title only and waive further reading. Patricia Bravo-Valdez, MIMIC, Deputy Director of City Clerk Services, read the title of Ordinance No. 1015 by title only. ORDINANCE NO. 1015 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING MUNICIPAL CODE AMENDMENT DRC2022-00464 TO AMEND TITLE 17 OF THE MUNICIPAL CODE, A SUPPLEMENTAL UPDATE TO THE DEVELOPMENT CODE, ADOPTING ZONING MAP AMENDMENT DRC2022-00466 APPLICABLE TO VARIOUS PROPERTIES LOCATED THROUGHOUT THE CITY, AND ADOPTING AN ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT (SCH NO. 2021050261) FOR THE GENERAL PLAN UPDATE AND CLIMATE ACTION PLAN,AND MAKING FINDINGS IN SUPPORT THEREOF VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to adopt Resolution No. 2023-005 and Introduce First Reading of Ordinance No. 1015, by title only and waive further readings. Motion carried 5-0. H. CITY MANAGERS STAFF REPORT(S) None. I. COUNCIL BUSINESS 11. Consideration and Discussion of Selection of Mayor Pro Tem. (Verbal) MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to approve the selection of Lynne B. Kennedy as Mayor Pro Tem. Motion carried unanimously, 5-0 Mayor Michael congratulated Mayor Pro Tem Kennedy. 12. Review of Appointments to Standing Committees, Boards and Other Governmental Agencies. (CITY) City Council reviewed the appointments to Standing Committees, Boards and Other Governmental Agencies and recommended the following appointments: January 18, 2023 1 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 cooperation and noted that he hopes Council and staff will implement the provisions and changes to the parking management plan. Appellant,Adam Frankel, Lozeau Drury, LLP,addressed the City Council on the appeal submitted. The Appellant asserted that the project has not yet complied with CEQA; that the project will have significant impacts on biological resources and human health that were not analyzed by the General Plan Update EIR. The appellant stated that the city is required to prepare an initial study and a Mitigated Negative Declaration (MND) or an EIR to address these impacts prior to approving the project. He concluded by stating the General Plan Update EIR did not analyze any of the impacts provided as significant and requested the City grant their appeal and send the project back to staff to conduct the appropriate environmental review as required by CEQA. Applicant, Jeff Warmoth, representing Island View Ventures, LLC, thanked staff for their comprehensive staff report and shared that the design team worked with staff on a project that is fully consistent with the new General Plan and vision for the area; spoke on the Design Review Committee and Planning Commission's unanimous approval of the project without changes; addressed the Lozeau Drury, LLP, appeals and stated that their experts looked at them and found no valid issues raised; addressed the neighbor parking appeal and stated they have worked well with them and they would continue working with property owners and parking. Mayor Michael closed the Public Hearing. City Attorney Ghirelli summarized that the City Council approved the General Plan update and at the same time certified a comprehensive EIR so that the City could rely on streamlining provisions in the CEQA guidelines for projects that meet the intent and comply with the densities and requirements of the General Plan. He stated that he disagrees with the appellant that the streamlining provisions do not apply here; staff determined that this plan was consistent with the General Plan, and the technical memorandum of this project provided substantial evidence that there were no significant biological impacts. With respect to the air quality impacts City Attorney Ghirelli disagreed that there is a defect in the CEQA analysis. City Attorney Ghirelli noted that the parking management plan attached to the staff report makes concessions for a shared parking arrangement with the project. He noted that additional revisions to the parking management plan were proposed before the meeting, and that planning staff would have to review those, and this is partly why the parking management plan condition has been revised to ensure the Planning Director has to approve any revisions to the parking management plan and make sure they are not going to cause significant parking impacts. Council Member Hutchison asked for clarity regarding parking spaces and code compliance. City Attorney Ghirelli advised that he did not believe any action on this project would compromise the code compliance for the two office buildings and noted that the code would protect the rights of existing properties developed under prior editions of the code. Council Member Hutchison stated he agrees with Mr. Braly regarding limitations by state law and noted that the Rancho Cucamonga City Council is a huge proponent of local control and having control over zoning laws and standards in the city. Mayor Michael spoke on the parking management plan, the efforts between Barton Plaza representative and staff working together,and noted he agrees with Council Member Hutchison on local control and spoke on his support of the Planning Commission. MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Hutchison, to adopt Resolution Nos. 2023-007 and 2023-008, as modified by staff, denying the appeals identified as DRC2022-00445 and DRC2022-00449 and upholding the Planning Commission's decision to approve Design Review DRC2019- 00850, to include a modification to Planning Commission Condition No. 3. Motion carried 5-0. January 18, 2023 1 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 Community Services Subcommittee Committee members: Kristine Scott and Ashley Stickler Community DevelopmenUHistoric Preservation Subcommittee Committee members: L. Dennis Michael and Lynne Kennedy Library Subcommittee Committee members: Kristine Scott and Lynne Kennedy Public Works Subcommittee Committee members: Ryan Hutchison and Lynne Kennedy Economic Development Marketing Subcommittee Committee members: Lynne Kennedy and Ryan Hutchison Technoloov 8 Communications Subcommittee Committee members: Lynne Kennedy and Ashley Stickler Community Parks and Landscape Citizen's Oversight Committee Committee members: Kristine Scott and Ashley Stickler City Selection Committee Required Delegate: L. Dennis Michael (Mayor) ConFire Board of Directors Delegate: Lynne Kennedy Alternate: Kristine Scott Omnitrans Delegate: Kristine Scott Alternate: Ashley Stickler Rancho Cucamonga Chamber of Commerce Delegate: Kristine Scott Alternate: Ryan Hutchison San Bernardino County Transportation Authority/San Bernardino Council of Governments(SBCOG) Delegate: L. Dennis Michael Alternate: Lynne Kennedy Solid Waste Advisory Task Force Delegate: Ryan Hutchison Alternate: Linda Ceballos (staff) Maloof Foundation Board Member: Ashley Stickler Alternate: John Gillison (City Manager) Rancho Cucamonga EIFD(Enhanced Infrastructure Financing District)Public Financing Authority Board Members Representing the City: L. Dennis Michael Kristine Scott Linda Daniels Alternate: Ryan Hutchison Board Members Representing The Fire Board: Lynne Kennedy Francisco Oaxaca January 18, 2023 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 Alternate: Ashley Stickler MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Scott, to approve the recommended appointments to Standing Committees, Boards and other Governmental Agencies as outlined above. Motion carried unanimously, 5-0. 13. Selection of a Delegate for the Southern California Association of Government's (SCAG) General Assembly. (CITY) MOTION: Moved by Mayor Pro Tom Kennedy, seconded by Mayor Michael, to appoint Council Member Scott to serve as Rancho Cucamonga's delegate at the upcoming SCAG General Assembly and to appoint Council Member Hutchison to serve as Rancho Cucamonga's alternate at the upcoming SCAG General Assembly. Motion carried unanimously, 5-0. 14. COUNCIL ANNOUNCEMENTS None. 15. INTER-AGENCY UPDATES None, J. CITY ATTORNEY ITEMS None. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. L. ADJOURNMENT Mayor Michael adjourned the Council Meeting at 8:12 p.m. Approved: February 15, 2023 Lind . Tr yan, MMC Clerk Services Director January 18, 2023 1 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