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Home My WebLink About2020/05/20 - MinutesMay 20, 2020 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City of Rancho Cucamonga City Council held a closed session on Wednesday May 20, 2020, 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, Sam Spagnolo, and Mayor Pro Tern Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nicholas Ghirelli, Assistant 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. No public communications were made. No discussion or actions were taken. D.1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932 AND EXECUTIVE MANAGEMENT GROUP. — CITY D.2. 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 0209-272-11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND MICHAEL DIEDEN REPRESENTING EMPIRE YARDS AT RANCHO, LLC; REGARDING PRICE AND TERMS. — CITY May 20, 20201 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 9 D.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH EAST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE IDENTIFIED AS PARCEL NUMBER 0229- 012-97-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JACKSON SMITH, NEWCASTLE PARTNERS.; REGARDING PRICE AND TERMS. -CITY D.4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: AWI BUILDERS, INC V. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIVDS 1928697 D.S. 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 D.6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-162-14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING PRICE AND TERMS — CITY D.7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229- 131-07; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST AND BONNIE CATHRYN STRACK & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, OWNERS; REGARDING PRICE AND TERMS - CITY D.B. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9 OF THE CALIFORNIA GOVERNMENT CODE: (1 CASE) The City has received a notice of intent to sue under the California Environmental Quality Act with respect to the approval of Design Review DRC2019-00590 (Xebec Realty Partners, LLC.) The closed session recessed at 6:50 p.m May 20, 20201 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 9 The regular meetings of the Rancho Cucamonga Fire Protection Diohiot. Housing Successor Agency, Successor Agenoy, Public Finance Authority and the City ofRancho Cucamonga City Council were held on K4ay2O. 2020 in the Council Chambers atCity Hall, located at1OGO0Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting tnorder a\7:0Op.m. Present were Council Members: Ryan Hubhison, Kristine Scott, Sam Spagno|o. and Mayor Pro Tam Lynne Kennedy and Mayor LDennis Michael. Also present were: John Gillison, City Manager; Nicholas Ghirelli, Assistant City Attorney and Patricia Bravo -Valdez, Deputy Director ofCity Clerk Services. Council Member Hutchison led the Pledge ofAllegiance. Responding to the spread of the Coronavirua (COV|D-19). and social distancing requirements, City Manager Gi||ieon announced that due to recent changes in the Governor's Executive Orders, the San Bernardino County Department ofPublic Health requiremento, and toensure the health and safety ofRancho Cucamonga residents bylimiting contact that could spread the CDV|D-1Qvirus, there will benomembers ofthe public inattendance at the City Council/Fire District Meetings and in place of in person attendance, members of the public are encouraged to vvetnh from the safety of their homes live from the Cih/'s vvebsite or on RCTV-3. He stated members of the public wishing to speak during public oommunica(ion, or on a public hearing item will need to dial in to /900>774-2751 to be added to the queue for comment. Additional information on the Coronavirus pandemic and City resources and updates can be found at www.cityofrc.us/coronavirus. None. Mayor Michael announced, due to COVID-19 and social distancing requirements, the Public Communications portion of the meeting will be conducted telephonically. Tina Contreras spoke in opposition of Public Hearing item J2; delinquent trash bill notices; and noted current times of financial struggles due to the COVID-1 9 Pandemic and asked the City Council to delay fees and penalties for solid waste collection. Robert Soho. Tower ofPower, spoke in regards to billing issues with BurdeoVVaeba Industries Inc. resulting in delinquent noticing. Mr. Soto provided a written protest to staff with supporting documentation to help resolve matter. Peter Bryan encouraged City Council to re -open businesses but to mandate the use of face coverings to reduce an increase or spread of COVID-19 cases. City Manager Gillison announced that item G1 2 would be pulled from the City Council Consent Calendar. Mr. Gillison noted that Jason Welday, Director of Engineering Services/ City Engineer would clarify modifications relating to item G12. May 20. 20281 Fine Protection Distriot, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 9 C.1. Consideration ofMeeting Minutes: Regular Meetings ofMay G'2O20. C.2. Consideration to Approve Bi'VVeeWy Payroll in the Amount of$GU8.G5Q.38 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $617,316.36 Dated April 27'2O20.Through May 10.2020. C.3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company inthe Amount of$2.330.18Dated April 27'202OThrough May 1O'2020. C.4. Consideration to Receive and File Current Investment Schedule as of March 31, 2020. C.5. Consideration to Receive and File Current Investment Schedule as of April 30, 2020. MOTION: Moved by Vice President Kennedy, seconded by Board Member Hutchisom, to approve Consent Calendar Items C1.dhnnugh CG. Motion carried unanimously, 5-0. with Board Member Scott abstaining on hem C3, due to her employment with Southern California Gas Company. Items DiEl, and Ffwere taken concurrently. D.1. Consideration of Meeting Minutes: Regular Meetings of May 6, 2020. E.1. Consideration ofMeeting Minutes: Regular Meetings ofMay S.2O2O. F.1. Consideration of Meeting Minutes: Regular Meetings of May 6, 2020. MOTION: Moved by Agency MemberSpagnolo. seconded by Agency Member Scott, to approve Consent Calendar Items D1. E1. and F1 of the Housing Suooeaonr, Successor Agency and Public Financing Authority. Motion carried unanimously, 5-0. G.1. Consideration of Meeting Minutes: Regular Meetings of May 6, 2020. G.2. Consideration to Approve Bi-Weekly Payroll in the Amount of $1.037.857.97 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $1'785'359.51 Dated April 27.2020Through May 1O.2U2O. G.3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company inthe Amount of$18.O13.55Dated April 27.2O2OThrough May 10.2U20. GA. Consideration to Receive and File Current Investment Schedule as of March 31, 2020. G.5. Consideration to Receive and File Current Investment Schedule as of April 30, 2020� May 20. 20201 Fine Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes G.6. Consideration of Intention to Order the Dissolution of Landscape Maintenance District No. 3A and Set a Public Hearing. RESOLUTION NO. 2020-036 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE DISSOLUTION OF CERTAIN PROPERTY FROM LANDSCAPE MAINTENANCE DISTRICT NO. 3A G.7. Consideration of a Contract with Golden State Constructors in an Amount of $364,250, Plus a 10% Contingency for the Fical Year 2019/20 ADA Access Ramp Improvements at Various Locations Project. G.B. Consideration of a Request to Summarily Vacate an Easement for Street and Related Purposes at the Northeast Corner of Foothill Boulevard and Hermosa Avenue Related to the Arte Development, Submitted by CRP/FPC Foothill Owner, LLC. RESOLUTION NO. 2020-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EASEMENT FOR STREET AND RELATED PURPOSES ON THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND HERMOSA AVENUE ALONG APN 1077-601-16-0000 G.9. Consideration of a Request for Reduction in Improvement Securities for the 6th Street Improvements Related to the Development of Tract No. 20073 on the North Side of 4th Street Between Milliken Avenue and Cleveland Avenue Submitted by SC Rancho Development Corporation. RESOLUTION NO. 2020-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE REDUCTION IN FAITHFUL PERFORMANCE BOND FOR TRACT 20073 PUBLIC IMPROVEMENTS AND RELEASING PREVIOUSLY SUBMITTED FAITHFUL PERFORMANCE BOND ACCEPTED BY THE CITY COUNCIL ON MAY 6, 2020 G.10. Consideration of Amendment No. 2 to the RCMU Fiber Licensing and Service Agreement with Inyo Networks, Inc. (Contract No.18-022). G.11. Consideration to Accept Public Improvements at the Northwest Corner of the Intersection of Haven Avenue and Arrow Route Related to the Development of Tract 20073 (Case No. ROW2019-00072), Submitted by SC Rancho Development Corporation as Complete, File the Notice of Completion, and Authorize Release of Bonds. G.13. Consideration to Award and Authorize the Execution of a Contract with CT&T Concrete Paving, Inc., for the "Citywide Concrete Repair - FY 2019/2020 Project" and Authorize an Increase in the Contract Amount of CO 19-187 with West Coast Arborist to Provide Tree Services Related to the Project. G.14. Consideration of a Resolution Declaring That Real Property Owned by the City Located at the North East Corner of Arrow Route and Rochester Avenue (APN: 0229-021-97-0000) is Surplus Land and Not Necessary for the City's Use. RESOLUTION NO. 2020-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY LOCATED AT THE NORTH EAST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE (APN: 0229-021-97-0000) IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY'S USE, FINDING THAT SUCH DECLARATION IS May 20, 20201 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 9 EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS G15. Consideration to Accept Fiscal Year 2018 Homeland Security Grant Revenue, in an amount up to $27.745' Awarded by the Department of Homeland Security and Administered by the State of California and San Bernardino County Office ofEmergency Services. G.10. Consideration tuCancel the Regular Meetings nfthe Fire Protection Diatrio(, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council on July 1, 2020. G.17. Consideration of o Resolution of the City Council of the City of Rancho Cuuamonga, California, Ratifying the Director ofEmergency Services' Executive Order 2020-4. RESOLUTION NO. 2020-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RATIFYING THE DIRECTOR OF EMERGENCY SERVICES' EXECUTIVE ORDER 2020-4 TO DEFER A PORTION DFTOW SERVICE AGREEMENT ADMINISTRATIVE FEES FOR THE MONTH OF MAY DURING THE LOCAL EMERGENCY CAUSED BYTHE COV|D-1APANDEMIC MOTION: Moved by Council MemberSpegno|o. seconded by Council Member Hutchison, to approve Consent Calendar Items S1 through G17with the exception of item G12. with Council Member Scott abstaining on item G3, due to her employment with Southern California Gas Company. Motion carried unanimously, 5-0. Jason Welday, Director of Engineering Services/ City Engineer, clarified item G 12 modifications to replace the existing four (4) "NO PARKING 5PM to 5AM" signs shown on the exhibit to "NO PARKING 5PK4to5AMTOW AWAY ZONE". He noted that the change will allow day -time hikers to park along Haven Avenue but also provide the Police Department with the ability to tow vehicles in violation of the parking restrictions. MOTION: Moved by Council Member Hutchison, seconded by Council MemborSpagno|o' to approve Consent Calendar Item G1 2, with the staff report modification to replace the existing four (4) "NO PARKING 5PM to 5AK4^vvith "NO PARKING 5PM to 5/\K4 TOW AWAY ZONE" signs. Motion carried unanimously, 50. - May 20. 20201 Fire Protection Dietrict, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes J.1. CONTINUED PUBLIC HEARING FOR CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY HILLSIDE DESIGN REVIEW DRC2017- 00244 AND MINOR EXCEPTION DRC2018- 00473 — PAUL BARDOS, APPLICANT. This Project Consists of a Site Plan and Architectural Review of a Proposed 4.118 Square Font Two Story, Single Family Residence with an Attached 771 Square Foot Garage and a Request to Construct Retaining VVaUa Up To 5 Feet And 2 Inches High on a 15,430 Square Foot Lot Within the Low (L) Residential District and Within the Hillside Overlay District at 8035 Camino Predera APN: 0207 631-03. A Minor Exception Was Also Requested to Exceed the Maximum Height Limit for Retaining VVaUa in the Zone. This Item was Determined to be Exempt from the Requirements ofThe California Environmental Quality Act (CEQA) and the City's CEQA Guidelines Pursuant to CEUA Guidelines Section 15061(B)(4)AaA Project that Has Been Rejected or Disapproved (This Item will be Continued and Heard at the August 5, 2020 Regular City Council Meeting). Mayor Michael announced the Public Hearing will be heard eta later date and be continued tnthe August 5m. 2O20Regular City Council Meeting. Nopublic communications were made. MOTION: Moved by Council Member Scott, seconded by Council Member 5pagnolo, to continue the Public Hearing item to the Regular City Council Meeting of August 5th, 2020 at 7:OOPM in the Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Motion carried unanimously, 5-0. J.2. Public Hearing to Consider Resolution No. 2020-034for Placement of Special Assessments and Liens for Delinquent Solid Waste Accounts. RESOLUTION NO. 202D-O34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE REPORT OF DELINQUENT CHARGES FROM BURRTEC WASTE INDUSTRIES, INC. FOR SOLID WASTE C[)LLECT|0N, WHICH SHALL CONSTITUTE SPECIAL ASSESSMENTS AND LIENS AGAINST THE RESPECTIVE PARCELS OFLAND AND SHALL 8ECOLLECTED FOR THE CITY OF RANCHO CUCAMDN{3A, CALIFORNIA ATTHE SAME TIME AND IN THE SAME MANNER ASORDINARY COUNTY ADVALOREM PROPERTY TAXES City Manager GiUiaon introduced Linda Cebalkm, Environmental Programs K8aneger, who gave the staff report and noted that the City received atotal uffour (4)written protests from: CydnayJones APN:1U80-1Q2-O5-O0O0. Jacques K4e|ekAPN: 0202-121-40-0000 . Tower ofPower, Robert Soto APN:022Q-141-13'00O0 and Property Owner ofAPN:O225-242-01-0O00. Mayor Michael opened the Public Hearing. No public communications were made. Mayor Michael closed the Public Hearing. Council Member SpaOno|o asked city staff to clarify concerns addressed by callers during the Public Communications period of the meeting. Environmental Programs Manager, Linda CebaUoa assured that she would examine the concerns from Tina Contreras and Robert Soto and would connect with the callers to assist them after the meeting takes place. Council Member Hutchison clarified that the billing period of delinquent solid vvooba accounts are from 201Qand not 2O2O. May 20. 20201 Fin* Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes Discussion ensued regarding contractual agreement terms between Burrtec and the City; Uninterrupted trash service terms; economic impacts to franchise hauler; administrative fees and financial hardships for customers topay balances owed due tothe CDV|D-10Pandemic. MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Scott, to adopt Resolution No. 2O20-U34.Motion carried unanimously, 5-U. J.3. Public Hearing to Consider Resolution No. 2020-035 for the placement of special assessments and liens for costs ofnuisance abatement onprivate property. RESOLUTION NO. 2O20-035 A RESOLUTION OF THE CITY COUNCIL OR THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE REPORT OF UNPAID NUISANCE ABATEMENTS ON PRIVATE PRDPERTY, WHICH SHALL CONSTITUTE SPECIAL ASSESSMENTS AND LIENS AGAINST THE RESPECTIVE PARCELS OF LAND AND SHALL BE COLLECTED FOR THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AT THE SAME TIME AND IN THE SAME MANNER AS ORDINARY COUNTY AD VALOREM PROPERTY TAXES City Manager GiUisonintroduced JanuCo k,CommunbyImprovement Managewho gave the staff report. Ma. Cook noted that the City received a total of one (1) written protest from Property Owner of APN: 0226-301-37- 0000. Mayor Michael opened the Public Hearing. No public communications were made. Mayor Michael closed the Public Hearing. Mayor Michael inquired if abatement issues were generally initiated by neighborhood complaints. Community Improvement Manager, Jana Cook stated that abatement issues generally are initiated by neighborhood complaints. She noted that city staff verifies the issue and property owners are given a 10- daynotioetoneotifythe issue via First Class and Certified W1oi|. MOTION: Moved by Council kAembarSpaQno|o. seconded by Council Member Hutohioon, to adopt Resolution No. 2020-035,Motion carried unanimously, 5-0. K.1. Update onCity'sEconomic Development COV|D-1QResponse City NanagerGiUison introduced the item along with Matt Bunis, Deputy City Manager and Havio Nunez, Management Analyst ||, who gave the staff report. The presentation highlighted City efforts such as helping businesses connect to customers through auoio| media posts; #TakeoufTueaday videos; a new vvebeite application "Open for Business K4op^; anewly formed Chamber #ShopRCpartnership marketing campaign and meeting and surveying businesses to better understand, anticipate and respond to business needs. K4oynr Michael thanked City staff for their creativity and efforts in promoting local businesses through the #TakeoufTuendayvideo. Council Member 8pagno|n thanked City staff for maintaining a level of commitment in helping promote the business community during the C0V|D-1QPandemic. May 20, 20201 Fine Protection Dimbiot. Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City ofRancho Cucamonga | Page 8nf0 Mayor Pro Tern Kennedy asked if the presented "Open for Business Map" would remain on the city's website post CDV|U-19Pendemiu. Deputy City Manager Burris stated that he is perpetually optimistic to keep the "Open for Business Map" onthe oit/ovvebaiteand helping businesses post COV|D-10. L1. COUNCIL ANNOUNCEMENTS L2. INTER -AGENCY UPDATES None. No items. Mayor Michael adjourned the meeting at 7:58 p.m. �'A.Tmyn.MMC," Clerk Services Director Approved: June 3, 2020 — Regular Meeting May 20, 30201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City ofRancho Cucamonga IPage 0ofQ