Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo
AMENDED AGENDA
(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM) CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
January 19, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person. Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/citycouncilagendas or Local Cable: RCTV3 Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID19 virus.
CLOSED SESSION – 4:30 P.M.
TRICOMMUNITIES ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. 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, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT GROUP – (CITY/FIRE)
D2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 2 CASES – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – (FIRE)
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 LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)
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 LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY ASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG; REGARDING PRICE AND TERMS. – (CITY)
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; 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) D9. 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 022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D10. 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) D11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115, 16, AND 26; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF 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 ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913130 AND 31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117 and 18; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D18. 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)
E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17, 2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for the Month of December in the Total Amount of $1,563,074.46. (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 $1,092.38 Dated December 17, 2021 Through December 30, 2021. (CITY/FIRE)
D3. Consideration to Receive and File Current Investment Schedules as of December 31, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D4. Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation Project Contract No. 2021120. (CITY)
D5. Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D6. Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix, Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY) D7. Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for Services Related to the Formation of an Enhanced Infrastructure Financing District (EIFD). (CITY)
D8. Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light Maintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the Northwest Corner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO. 2022018), (RESOLUTION NO. 2022019) (CITY)
D9. Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTION NO. 2022020) (CITY)
D10. Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021 2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46 AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 BETWEEN THE CITY OF RANCHO CUCAMONGA AND HILLWOOD ENTERPRISES, L.P., TO FACILITATE THE DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54 F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE NO. 995) (CITY)
F2. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The Urgency Thereof and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3. Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044 24). (RESOLUTION NO. 2022007) (CITY)
F4. Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229 16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust, Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and 8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31; BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291 22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and 022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022 011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1. Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY) I. COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I2. INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended. ) J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
CERTIFICATION
I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's Office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”
Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo
AMENDED AGENDA
(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM) CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
January 19, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person. Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/citycouncilagendas or Local Cable: RCTV3 Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID19 virus.
CLOSED SESSION – 4:30 P.M.
TRICOMMUNITIES ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. 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, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT GROUP – (CITY/FIRE)
D2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 2 CASES – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – (FIRE)
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 LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)
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 LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY ASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG; REGARDING PRICE AND TERMS. – (CITY)
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; 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) D9. 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 022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D10. 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) D11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115, 16, AND 26; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF 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 ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913130 AND 31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117 and 18; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D18. 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)
E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17, 2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for the Month of December in the Total Amount of $1,563,074.46. (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 $1,092.38 Dated December 17, 2021 Through December 30, 2021. (CITY/FIRE)
D3. Consideration to Receive and File Current Investment Schedules as of December 31, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D4. Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation Project Contract No. 2021120. (CITY)
D5. Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D6. Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix, Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY) D7. Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for Services Related to the Formation of an Enhanced Infrastructure Financing District (EIFD). (CITY)
D8. Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light Maintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the Northwest Corner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO. 2022018), (RESOLUTION NO. 2022019) (CITY)
D9. Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTION NO. 2022020) (CITY)
D10. Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021 2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46 AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 BETWEEN THE CITY OF RANCHO CUCAMONGA AND HILLWOOD ENTERPRISES, L.P., TO FACILITATE THE DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54 F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE NO. 995) (CITY)
F2. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The Urgency Thereof and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3. Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044 24). (RESOLUTION NO. 2022007) (CITY)
F4. Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229 16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust, Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and 8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31; BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291 22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and 022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022 011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1. Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY) I. COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I2. INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended. ) J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
CERTIFICATION
I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's Office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”
Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo
AMENDED AGENDA
(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM) CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
January 19, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person. Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/citycouncilagendas or Local Cable: RCTV3 Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID19 virus.
CLOSED SESSION – 4:30 P.M.
TRICOMMUNITIES ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. 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, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT GROUP – (CITY/FIRE)
D2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 2 CASES – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – (FIRE)
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 LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)
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 LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY ASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG; REGARDING PRICE AND TERMS. – (CITY)
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; 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) D9. 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 022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D10. 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) D11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115, 16, AND 26; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF 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 ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913130 AND 31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117 and 18; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D18. 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)
E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17, 2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for the Month of December in the Total Amount of $1,563,074.46. (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 $1,092.38 Dated December 17, 2021 Through December 30, 2021. (CITY/FIRE)
D3. Consideration to Receive and File Current Investment Schedules as of December 31, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D4. Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation Project Contract No. 2021120. (CITY)
D5. Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D6. Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix, Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY) D7. Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for Services Related to the Formation of an Enhanced Infrastructure Financing District (EIFD). (CITY)
D8. Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light Maintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the Northwest Corner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO. 2022018), (RESOLUTION NO. 2022019) (CITY)
D9. Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTION NO. 2022020) (CITY)
D10. Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021 2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46 AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 BETWEEN THE CITY OF RANCHO CUCAMONGA AND HILLWOOD ENTERPRISES, L.P., TO FACILITATE THE DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54 F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE NO. 995) (CITY)
F2. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The Urgency Thereof and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3. Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044 24). (RESOLUTION NO. 2022007) (CITY)
F4. Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229 16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust, Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and 8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31; BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291 22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and 022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022 011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1. Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY) I. COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I2. INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended. ) J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
CERTIFICATION
I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's Office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”
Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo
AMENDED AGENDA
(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM) CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
January 19, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person. Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/citycouncilagendas or Local Cable: RCTV3 Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID19 virus.
CLOSED SESSION – 4:30 P.M.
TRICOMMUNITIES ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. 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, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT GROUP – (CITY/FIRE)
D2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 2 CASES – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – (FIRE)
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 LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)
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 LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY ASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG; REGARDING PRICE AND TERMS. – (CITY)
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; 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) D9. 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 022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D10. 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) D11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115, 16, AND 26; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF 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 ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913130 AND 31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117 and 18; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D18. 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)
E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17, 2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for the Month of December in the Total Amount of $1,563,074.46. (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 $1,092.38 Dated December 17, 2021 Through December 30, 2021. (CITY/FIRE)
D3. Consideration to Receive and File Current Investment Schedules as of December 31, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D4. Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation Project Contract No. 2021120. (CITY)
D5. Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D6. Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix, Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY) D7. Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for Services Related to the Formation of an Enhanced Infrastructure Financing District (EIFD). (CITY)
D8. Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light Maintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the Northwest Corner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO. 2022018), (RESOLUTION NO. 2022019) (CITY)
D9. Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTION NO. 2022020) (CITY)
D10. Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021 2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46 AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 BETWEEN THE CITY OF RANCHO CUCAMONGA AND HILLWOOD ENTERPRISES, L.P., TO FACILITATE THE DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54 F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE NO. 995) (CITY)
F2. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The Urgency Thereof and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3. Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044 24). (RESOLUTION NO. 2022007) (CITY)
F4. Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229 16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust, Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and 8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31; BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291 22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and 022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022 011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1. Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY) I. COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I2. INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended. ) J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
CERTIFICATION
I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's Office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”
Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo
AMENDED AGENDA
(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM) CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
January 19, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person. Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/citycouncilagendas or Local Cable: RCTV3 Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID19 virus.
CLOSED SESSION – 4:30 P.M.
TRICOMMUNITIES ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. 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, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT GROUP – (CITY/FIRE)
D2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 2 CASES – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – (FIRE)
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 LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)
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 LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY ASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG; REGARDING PRICE AND TERMS. – (CITY)
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; 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) D9. 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 022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D10. 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) D11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115, 16, AND 26; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF 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 ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913130 AND 31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117 and 18; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D18. 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)
E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17, 2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for the Month of December in the Total Amount of $1,563,074.46. (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 $1,092.38 Dated December 17, 2021 Through December 30, 2021. (CITY/FIRE)
D3. Consideration to Receive and File Current Investment Schedules as of December 31, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D4. Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation Project Contract No. 2021120. (CITY)
D5. Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D6. Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix, Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY) D7. Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for Services Related to the Formation of an Enhanced Infrastructure Financing District (EIFD). (CITY)
D8. Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light Maintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the Northwest Corner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO. 2022018), (RESOLUTION NO. 2022019) (CITY)
D9. Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTION NO. 2022020) (CITY)
D10. Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021 2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46 AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 BETWEEN THE CITY OF RANCHO CUCAMONGA AND HILLWOOD ENTERPRISES, L.P., TO FACILITATE THE DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54 F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE NO. 995) (CITY)
F2. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The Urgency Thereof and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3. Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044 24). (RESOLUTION NO. 2022007) (CITY)
F4. Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229 16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust, Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and 8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31; BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291 22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and 022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022 011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1. Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY) I. COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I2. INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended. ) J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
CERTIFICATION
I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's Office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”
Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo
AMENDED AGENDA
(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM) CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
January 19, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person. Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/citycouncilagendas or Local Cable: RCTV3 Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID19 virus.
CLOSED SESSION – 4:30 P.M.
TRICOMMUNITIES ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. 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, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT GROUP – (CITY/FIRE)
D2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 2 CASES – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – (FIRE)
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 LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)
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 LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY ASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG; REGARDING PRICE AND TERMS. – (CITY)
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; 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) D9. 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 022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D10. 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) D11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115, 16, AND 26; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF 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 ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913130 AND 31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117 and 18; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D18. 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)
E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17, 2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for the Month of December in the Total Amount of $1,563,074.46. (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 $1,092.38 Dated December 17, 2021 Through December 30, 2021. (CITY/FIRE)
D3. Consideration to Receive and File Current Investment Schedules as of December 31, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D4. Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation Project Contract No. 2021120. (CITY)
D5. Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D6. Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix, Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY) D7. Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for Services Related to the Formation of an Enhanced Infrastructure Financing District (EIFD). (CITY)
D8. Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light Maintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the Northwest Corner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO. 2022018), (RESOLUTION NO. 2022019) (CITY)
D9. Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTION NO. 2022020) (CITY)
D10. Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021 2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46 AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 BETWEEN THE CITY OF RANCHO CUCAMONGA AND HILLWOOD ENTERPRISES, L.P., TO FACILITATE THE DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54 F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE NO. 995) (CITY)
F2. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The Urgency Thereof and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3. Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044 24). (RESOLUTION NO. 2022007) (CITY)
F4. Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229 16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust, Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and 8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31; BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291 22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and 022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022 011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1. Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY) I. COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I2. INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended. ) J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
CERTIFICATION
I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's Office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”
Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo
AMENDED AGENDA
(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM) CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
January 19, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person. Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/citycouncilagendas or Local Cable: RCTV3 Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID19 virus.
CLOSED SESSION – 4:30 P.M.
TRICOMMUNITIES ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. 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, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT GROUP – (CITY/FIRE)
D2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 2 CASES – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – (FIRE)
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 LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)
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 LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY ASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG; REGARDING PRICE AND TERMS. – (CITY)
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; 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) D9. 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 022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D10. 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) D11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115, 16, AND 26; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF 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 ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913130 AND 31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117 and 18; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D18. 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)
E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17, 2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for the Month of December in the Total Amount of $1,563,074.46. (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 $1,092.38 Dated December 17, 2021 Through December 30, 2021. (CITY/FIRE)
D3. Consideration to Receive and File Current Investment Schedules as of December 31, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D4. Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation Project Contract No. 2021120. (CITY)
D5. Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D6. Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix, Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY) D7. Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for Services Related to the Formation of an Enhanced Infrastructure Financing District (EIFD). (CITY)
D8. Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light Maintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the Northwest Corner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO. 2022018), (RESOLUTION NO. 2022019) (CITY)
D9. Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTION NO. 2022020) (CITY)
D10. Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021 2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46 AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 BETWEEN THE CITY OF RANCHO CUCAMONGA AND HILLWOOD ENTERPRISES, L.P., TO FACILITATE THE DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54 F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE NO. 995) (CITY)
F2. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The Urgency Thereof and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3. Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044 24). (RESOLUTION NO. 2022007) (CITY)
F4. Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229 16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust, Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and 8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31; BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291 22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and 022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022 011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1. Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY) I. COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I2. INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended. ) J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
CERTIFICATION
I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's Office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”
Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo
AMENDED AGENDA
(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM) CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
January 19, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person. Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/citycouncilagendas or Local Cable: RCTV3 Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID19 virus.
CLOSED SESSION – 4:30 P.M.
TRICOMMUNITIES ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. 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, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT GROUP – (CITY/FIRE)
D2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 2 CASES – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – (FIRE)
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 LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)
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 LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY ASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG; REGARDING PRICE AND TERMS. – (CITY)
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; 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) D9. 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 022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D10. 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) D11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115, 16, AND 26; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF 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 ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913130 AND 31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117 and 18; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D18. 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)
E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17, 2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for the Month of December in the Total Amount of $1,563,074.46. (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 $1,092.38 Dated December 17, 2021 Through December 30, 2021. (CITY/FIRE)
D3. Consideration to Receive and File Current Investment Schedules as of December 31, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D4. Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation Project Contract No. 2021120. (CITY)
D5. Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D6. Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix, Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY) D7. Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for Services Related to the Formation of an Enhanced Infrastructure Financing District (EIFD). (CITY)
D8. Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light Maintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the Northwest Corner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO. 2022018), (RESOLUTION NO. 2022019) (CITY)
D9. Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTION NO. 2022020) (CITY)
D10. Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021 2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46 AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 BETWEEN THE CITY OF RANCHO CUCAMONGA AND HILLWOOD ENTERPRISES, L.P., TO FACILITATE THE DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54 F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE NO. 995) (CITY)
F2. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The Urgency Thereof and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3. Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044 24). (RESOLUTION NO. 2022007) (CITY)
F4. Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229 16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust, Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and 8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31; BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291 22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and 022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022 011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1. Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY) I. COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I2. INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended. ) J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
CERTIFICATION
I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's Office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”
Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo
AMENDED AGENDA
(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM) CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
January 19, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person. Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/citycouncilagendas or Local Cable: RCTV3 Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID19 virus.
CLOSED SESSION – 4:30 P.M.
TRICOMMUNITIES ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. 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, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT GROUP – (CITY/FIRE)
D2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 2 CASES – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – (FIRE)
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 LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)
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 LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY ASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG; REGARDING PRICE AND TERMS. – (CITY)
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; 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) D9. 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 022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D10. 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) D11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115, 16, AND 26; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF 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 ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913130 AND 31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117 and 18; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D18. 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)
E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17, 2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for the Month of December in the Total Amount of $1,563,074.46. (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 $1,092.38 Dated December 17, 2021 Through December 30, 2021. (CITY/FIRE)
D3. Consideration to Receive and File Current Investment Schedules as of December 31, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D4. Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation Project Contract No. 2021120. (CITY)
D5. Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D6. Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix, Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY) D7. Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for Services Related to the Formation of an Enhanced Infrastructure Financing District (EIFD). (CITY)
D8. Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light Maintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the Northwest Corner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO. 2022018), (RESOLUTION NO. 2022019) (CITY)
D9. Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTION NO. 2022020) (CITY)
D10. Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021 2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46 AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 BETWEEN THE CITY OF RANCHO CUCAMONGA AND HILLWOOD ENTERPRISES, L.P., TO FACILITATE THE DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54 F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE NO. 995) (CITY)
F2. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The Urgency Thereof and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3. Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044 24). (RESOLUTION NO. 2022007) (CITY)
F4. Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229 16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust, Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and 8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31; BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291 22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and 022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022 011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1. Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY) I. COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I2. INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended. ) J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
CERTIFICATION
I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least SeventyTwo (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's Office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”