Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
February 2, 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 a t 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 54957.6 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION. (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: 1 CASE – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE; THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITYOWNED PUBLIC ART. (CITY)
D4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; Inland Real Estate Group, LLC et al. v. City of Rancho Cucamonga, U.S. District Court for the Central District of California, Case No. 5:21cv01656SBKK. (CITY)
D5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; BPREP 9910 6th Street, LLC v. City of Rancho Cucamonga, et al, San Bernardino Superior Court Case No. CIV SB 2131229. (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)
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 of Meeting Minutes for the Regular Meetings of: December 1, 2021.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $2,347,199.08 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $8,927,220.76 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $31,237.98 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D4. Approval of AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)
D5. Consideration of a Resolution Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS for the Fire Management Employee Group and Fire Union Local 2274 Bargaining Group. (RESOLUTION NO. FD 2022002) (FIRE) D6. Consideration of a ThreeYear Professional Services Agreement with Okta, Inc. for Identity Management, Single Signon, and MultiFactor Authentication Services in the Amount of $171,051. (CITY/FIRE)
D7. Consideration to Adopt the 2022 Legislative Platform. (CITY) D8. Consideration to Ratify the City Manager’s Execution of a Contract with the County of San Bernardino to Provide $2 Million for Enhanced Development of the Second Story at the Paul A.
Biane Library. (CITY)
D9. Consideration to Accept Public Improvements Located at the Southeast Corner of Wilson Avenue and Winchester Court per the Improvement Agreement Related to Case No.
SUBTPM19836, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY)
D10. Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and the Rancho Cucamonga City Employees Association, Including Amending the Salary Schedule for Fiscal Year 202122 and Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS. (RESOLUTION NO. 2022 028) (CITY)
D11. Consideration of the Final Map for Tract 20148, 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. SUBTT20148, Located 750 feet North of Foothill Boulevard on the West Side of East Avenue. (RESOLUTION NO. 2022 025), (RESOLUTION NO. 2022026), (RESOLUTION NO. 2022027) (CITY) D12. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202103992, Located at 7319 Fennel Road. (RESOLUTION NO. 2022022), (RESOLUTION NO. 2022023), (RESOLUTION NO. 2022024) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 995
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.40 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
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #4 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Analysis; Review of Maps Submitted by the Public and the City’s Demographer; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; Receipt of Public Input on Communities of Interest and Potential District Boundaries; and Preliminary Selection of a New Map of City Council District Boundaries. (CITY) H. CITY MANAGER'S STAFF REPORT(S)
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
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
February 2, 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 a t 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 54957.6 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION. (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: 1 CASE – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE; THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITYOWNED PUBLIC ART. (CITY)
D4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; Inland Real Estate Group, LLC et al. v. City of Rancho Cucamonga, U.S. District Court for the Central District of California, Case No. 5:21cv01656SBKK. (CITY)
D5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; BPREP 9910 6th Street, LLC v. City of Rancho Cucamonga, et al, San Bernardino Superior Court Case No. CIV SB 2131229. (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)
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 of Meeting Minutes for the Regular Meetings of: December 1, 2021.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $2,347,199.08 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $8,927,220.76 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $31,237.98 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D4. Approval of AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)
D5. Consideration of a Resolution Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS for the Fire Management Employee Group and Fire Union Local 2274 Bargaining Group. (RESOLUTION NO. FD 2022002) (FIRE) D6. Consideration of a ThreeYear Professional Services Agreement with Okta, Inc. for Identity Management, Single Signon, and MultiFactor Authentication Services in the Amount of $171,051. (CITY/FIRE)
D7. Consideration to Adopt the 2022 Legislative Platform. (CITY) D8. Consideration to Ratify the City Manager’s Execution of a Contract with the County of San Bernardino to Provide $2 Million for Enhanced Development of the Second Story at the Paul A.
Biane Library. (CITY)
D9. Consideration to Accept Public Improvements Located at the Southeast Corner of Wilson Avenue and Winchester Court per the Improvement Agreement Related to Case No.
SUBTPM19836, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY)
D10. Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and the Rancho Cucamonga City Employees Association, Including Amending the Salary Schedule for Fiscal Year 202122 and Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS. (RESOLUTION NO. 2022 028) (CITY)
D11. Consideration of the Final Map for Tract 20148, 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. SUBTT20148, Located 750 feet North of Foothill Boulevard on the West Side of East Avenue. (RESOLUTION NO. 2022 025), (RESOLUTION NO. 2022026), (RESOLUTION NO. 2022027) (CITY) D12. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202103992, Located at 7319 Fennel Road. (RESOLUTION NO. 2022022), (RESOLUTION NO. 2022023), (RESOLUTION NO. 2022024) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 995
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.40 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
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #4 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Analysis; Review of Maps Submitted by the Public and the City’s Demographer; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; Receipt of Public Input on Communities of Interest and Potential District Boundaries; and Preliminary Selection of a New Map of City Council District Boundaries. (CITY) H. CITY MANAGER'S STAFF REPORT(S)
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
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
February 2, 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 a t 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 54957.6 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION. (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: 1 CASE – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE; THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITYOWNED PUBLIC ART. (CITY)
D4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; Inland Real Estate Group, LLC et al. v. City of Rancho Cucamonga, U.S. District Court for the Central District of California, Case No. 5:21cv01656SBKK. (CITY)
D5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; BPREP 9910 6th Street, LLC v. City of Rancho Cucamonga, et al, San Bernardino Superior Court Case No. CIV SB 2131229. (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)
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 of Meeting Minutes for the Regular Meetings of: December 1, 2021.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $2,347,199.08 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $8,927,220.76 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $31,237.98 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D4. Approval of AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)
D5. Consideration of a Resolution Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS for the Fire Management Employee Group and Fire Union Local 2274 Bargaining Group. (RESOLUTION NO. FD 2022002) (FIRE) D6. Consideration of a ThreeYear Professional Services Agreement with Okta, Inc. for Identity Management, Single Signon, and MultiFactor Authentication Services in the Amount of $171,051. (CITY/FIRE)
D7. Consideration to Adopt the 2022 Legislative Platform. (CITY) D8. Consideration to Ratify the City Manager’s Execution of a Contract with the County of San Bernardino to Provide $2 Million for Enhanced Development of the Second Story at the Paul A.
Biane Library. (CITY)
D9. Consideration to Accept Public Improvements Located at the Southeast Corner of Wilson Avenue and Winchester Court per the Improvement Agreement Related to Case No.
SUBTPM19836, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY)
D10. Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and the Rancho Cucamonga City Employees Association, Including Amending the Salary Schedule for Fiscal Year 202122 and Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS. (RESOLUTION NO. 2022 028) (CITY)
D11. Consideration of the Final Map for Tract 20148, 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. SUBTT20148, Located 750 feet North of Foothill Boulevard on the West Side of East Avenue. (RESOLUTION NO. 2022 025), (RESOLUTION NO. 2022026), (RESOLUTION NO. 2022027) (CITY) D12. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202103992, Located at 7319 Fennel Road. (RESOLUTION NO. 2022022), (RESOLUTION NO. 2022023), (RESOLUTION NO. 2022024) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 995
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.40 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
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #4 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Analysis; Review of Maps Submitted by the Public and the City’s Demographer; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; Receipt of Public Input on Communities of Interest and Potential District Boundaries; and Preliminary Selection of a New Map of City Council District Boundaries. (CITY) H. CITY MANAGER'S STAFF REPORT(S)
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
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
February 2, 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 a t 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 54957.6 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION. (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: 1 CASE – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE; THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITYOWNED PUBLIC ART. (CITY)
D4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; Inland Real Estate Group, LLC et al. v. City of Rancho Cucamonga, U.S. District Court for the Central District of California, Case No. 5:21cv01656SBKK. (CITY)
D5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; BPREP 9910 6th Street, LLC v. City of Rancho Cucamonga, et al, San Bernardino Superior Court Case No. CIV SB 2131229. (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)
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 of Meeting Minutes for the Regular Meetings of: December 1, 2021.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $2,347,199.08 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $8,927,220.76 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $31,237.98 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D4. Approval of AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)
D5. Consideration of a Resolution Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS for the Fire Management Employee Group and Fire Union Local 2274 Bargaining Group. (RESOLUTION NO. FD 2022002) (FIRE) D6. Consideration of a ThreeYear Professional Services Agreement with Okta, Inc. for Identity Management, Single Signon, and MultiFactor Authentication Services in the Amount of $171,051. (CITY/FIRE)
D7. Consideration to Adopt the 2022 Legislative Platform. (CITY) D8. Consideration to Ratify the City Manager’s Execution of a Contract with the County of San Bernardino to Provide $2 Million for Enhanced Development of the Second Story at the Paul A.
Biane Library. (CITY)
D9. Consideration to Accept Public Improvements Located at the Southeast Corner of Wilson Avenue and Winchester Court per the Improvement Agreement Related to Case No.
SUBTPM19836, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY)
D10. Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and the Rancho Cucamonga City Employees Association, Including Amending the Salary Schedule for Fiscal Year 202122 and Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS. (RESOLUTION NO. 2022 028) (CITY)
D11. Consideration of the Final Map for Tract 20148, 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. SUBTT20148, Located 750 feet North of Foothill Boulevard on the West Side of East Avenue. (RESOLUTION NO. 2022 025), (RESOLUTION NO. 2022026), (RESOLUTION NO. 2022027) (CITY) D12. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202103992, Located at 7319 Fennel Road. (RESOLUTION NO. 2022022), (RESOLUTION NO. 2022023), (RESOLUTION NO. 2022024) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 995
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.40 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
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #4 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Analysis; Review of Maps Submitted by the Public and the City’s Demographer; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; Receipt of Public Input on Communities of Interest and Potential District Boundaries; and Preliminary Selection of a New Map of City Council District Boundaries. (CITY) H. CITY MANAGER'S STAFF REPORT(S)
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
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
February 2, 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 a t 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 54957.6 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION. (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: 1 CASE – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE; THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITYOWNED PUBLIC ART. (CITY)
D4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; Inland Real Estate Group, LLC et al. v. City of Rancho Cucamonga, U.S. District Court for the Central District of California, Case No. 5:21cv01656SBKK. (CITY)
D5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; BPREP 9910 6th Street, LLC v. City of Rancho Cucamonga, et al, San Bernardino Superior Court Case No. CIV SB 2131229. (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)
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 of Meeting Minutes for the Regular Meetings of: December 1, 2021.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $2,347,199.08 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $8,927,220.76 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $31,237.98 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D4. Approval of AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)
D5. Consideration of a Resolution Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS for the Fire Management Employee Group and Fire Union Local 2274 Bargaining Group. (RESOLUTION NO. FD 2022002) (FIRE) D6. Consideration of a ThreeYear Professional Services Agreement with Okta, Inc. for Identity Management, Single Signon, and MultiFactor Authentication Services in the Amount of $171,051. (CITY/FIRE)
D7. Consideration to Adopt the 2022 Legislative Platform. (CITY) D8. Consideration to Ratify the City Manager’s Execution of a Contract with the County of San Bernardino to Provide $2 Million for Enhanced Development of the Second Story at the Paul A.
Biane Library. (CITY)
D9. Consideration to Accept Public Improvements Located at the Southeast Corner of Wilson Avenue and Winchester Court per the Improvement Agreement Related to Case No.
SUBTPM19836, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY)
D10. Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and the Rancho Cucamonga City Employees Association, Including Amending the Salary Schedule for Fiscal Year 202122 and Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS. (RESOLUTION NO. 2022 028) (CITY)
D11. Consideration of the Final Map for Tract 20148, 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. SUBTT20148, Located 750 feet North of Foothill Boulevard on the West Side of East Avenue. (RESOLUTION NO. 2022 025), (RESOLUTION NO. 2022026), (RESOLUTION NO. 2022027) (CITY) D12. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202103992, Located at 7319 Fennel Road. (RESOLUTION NO. 2022022), (RESOLUTION NO. 2022023), (RESOLUTION NO. 2022024) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 995
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.40 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
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #4 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Analysis; Review of Maps Submitted by the Public and the City’s Demographer; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; Receipt of Public Input on Communities of Interest and Potential District Boundaries; and Preliminary Selection of a New Map of City Council District Boundaries. (CITY) H. CITY MANAGER'S STAFF REPORT(S)
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
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
February 2, 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 a t 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 54957.6 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION. (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: 1 CASE – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE; THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITYOWNED PUBLIC ART. (CITY)
D4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; Inland Real Estate Group, LLC et al. v. City of Rancho Cucamonga, U.S. District Court for the Central District of California, Case No. 5:21cv01656SBKK. (CITY)
D5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; BPREP 9910 6th Street, LLC v. City of Rancho Cucamonga, et al, San Bernardino Superior Court Case No. CIV SB 2131229. (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)
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 of Meeting Minutes for the Regular Meetings of: December 1, 2021.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $2,347,199.08 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $8,927,220.76 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $31,237.98 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D4. Approval of AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)
D5. Consideration of a Resolution Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS for the Fire Management Employee Group and Fire Union Local 2274 Bargaining Group. (RESOLUTION NO. FD 2022002) (FIRE) D6. Consideration of a ThreeYear Professional Services Agreement with Okta, Inc. for Identity Management, Single Signon, and MultiFactor Authentication Services in the Amount of $171,051. (CITY/FIRE)
D7. Consideration to Adopt the 2022 Legislative Platform. (CITY) D8. Consideration to Ratify the City Manager’s Execution of a Contract with the County of San Bernardino to Provide $2 Million for Enhanced Development of the Second Story at the Paul A.
Biane Library. (CITY)
D9. Consideration to Accept Public Improvements Located at the Southeast Corner of Wilson Avenue and Winchester Court per the Improvement Agreement Related to Case No.
SUBTPM19836, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY)
D10. Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and the Rancho Cucamonga City Employees Association, Including Amending the Salary Schedule for Fiscal Year 202122 and Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS. (RESOLUTION NO. 2022 028) (CITY)
D11. Consideration of the Final Map for Tract 20148, 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. SUBTT20148, Located 750 feet North of Foothill Boulevard on the West Side of East Avenue. (RESOLUTION NO. 2022 025), (RESOLUTION NO. 2022026), (RESOLUTION NO. 2022027) (CITY) D12. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202103992, Located at 7319 Fennel Road. (RESOLUTION NO. 2022022), (RESOLUTION NO. 2022023), (RESOLUTION NO. 2022024) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 995
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.40 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
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #4 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Analysis; Review of Maps Submitted by the Public and the City’s Demographer; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; Receipt of Public Input on Communities of Interest and Potential District Boundaries; and Preliminary Selection of a New Map of City Council District Boundaries. (CITY) H. CITY MANAGER'S STAFF REPORT(S)
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
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
February 2, 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 a t 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 54957.6 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION. (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: 1 CASE – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE; THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITYOWNED PUBLIC ART. (CITY)
D4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; Inland Real Estate Group, LLC et al. v. City of Rancho Cucamonga, U.S. District Court for the Central District of California, Case No. 5:21cv01656SBKK. (CITY)
D5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; BPREP 9910 6th Street, LLC v. City of Rancho Cucamonga, et al, San Bernardino Superior Court Case No. CIV SB 2131229. (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)
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 of Meeting Minutes for the Regular Meetings of: December 1, 2021.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $2,347,199.08 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $8,927,220.76 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $31,237.98 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D4. Approval of AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)
D5. Consideration of a Resolution Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS for the Fire Management Employee Group and Fire Union Local 2274 Bargaining Group. (RESOLUTION NO. FD 2022002) (FIRE) D6. Consideration of a ThreeYear Professional Services Agreement with Okta, Inc. for Identity Management, Single Signon, and MultiFactor Authentication Services in the Amount of $171,051. (CITY/FIRE)
D7. Consideration to Adopt the 2022 Legislative Platform. (CITY) D8. Consideration to Ratify the City Manager’s Execution of a Contract with the County of San Bernardino to Provide $2 Million for Enhanced Development of the Second Story at the Paul A.
Biane Library. (CITY)
D9. Consideration to Accept Public Improvements Located at the Southeast Corner of Wilson Avenue and Winchester Court per the Improvement Agreement Related to Case No.
SUBTPM19836, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY)
D10. Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and the Rancho Cucamonga City Employees Association, Including Amending the Salary Schedule for Fiscal Year 202122 and Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS. (RESOLUTION NO. 2022 028) (CITY)
D11. Consideration of the Final Map for Tract 20148, 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. SUBTT20148, Located 750 feet North of Foothill Boulevard on the West Side of East Avenue. (RESOLUTION NO. 2022 025), (RESOLUTION NO. 2022026), (RESOLUTION NO. 2022027) (CITY) D12. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202103992, Located at 7319 Fennel Road. (RESOLUTION NO. 2022022), (RESOLUTION NO. 2022023), (RESOLUTION NO. 2022024) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 995
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.40 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
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #4 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Analysis; Review of Maps Submitted by the Public and the City’s Demographer; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; Receipt of Public Input on Communities of Interest and Potential District Boundaries; and Preliminary Selection of a New Map of City Council District Boundaries. (CITY) H. CITY MANAGER'S STAFF REPORT(S)
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
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
February 2, 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 a t 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 54957.6 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION. (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: 1 CASE – (CITY)
D3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE; THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITYOWNED PUBLIC ART. (CITY)
D4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; Inland Real Estate Group, LLC et al. v. City of Rancho Cucamonga, U.S. District Court for the Central District of California, Case No. 5:21cv01656SBKK. (CITY)
D5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; BPREP 9910 6th Street, LLC v. City of Rancho Cucamonga, et al, San Bernardino Superior Court Case No. CIV SB 2131229. (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)
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 of Meeting Minutes for the Regular Meetings of: December 1, 2021.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $2,347,199.08 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $8,927,220.76 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $31,237.98 Dated December 31, 2021 Through January 23, 2022. (CITY/FIRE)
D4. Approval of AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)
D5. Consideration of a Resolution Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS for the Fire Management Employee Group and Fire Union Local 2274 Bargaining Group. (RESOLUTION NO. FD 2022002) (FIRE) D6. Consideration of a ThreeYear Professional Services Agreement with Okta, Inc. for Identity Management, Single Signon, and MultiFactor Authentication Services in the Amount of $171,051. (CITY/FIRE)
D7. Consideration to Adopt the 2022 Legislative Platform. (CITY) D8. Consideration to Ratify the City Manager’s Execution of a Contract with the County of San Bernardino to Provide $2 Million for Enhanced Development of the Second Story at the Paul A.
Biane Library. (CITY)
D9. Consideration to Accept Public Improvements Located at the Southeast Corner of Wilson Avenue and Winchester Court per the Improvement Agreement Related to Case No.
SUBTPM19836, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY)
D10. Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the City of Rancho Cucamonga and the Rancho Cucamonga City Employees Association, Including Amending the Salary Schedule for Fiscal Year 202122 and Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS. (RESOLUTION NO. 2022 028) (CITY)
D11. Consideration of the Final Map for Tract 20148, 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. SUBTT20148, Located 750 feet North of Foothill Boulevard on the West Side of East Avenue. (RESOLUTION NO. 2022 025), (RESOLUTION NO. 2022026), (RESOLUTION NO. 2022027) (CITY) D12. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202103992, Located at 7319 Fennel Road. (RESOLUTION NO. 2022022), (RESOLUTION NO. 2022023), (RESOLUTION NO. 2022024) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 995
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.40 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
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. 8:00 PM Time Certain: Public Hearing #4 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Analysis; Review of Maps Submitted by the Public and the City’s Demographer; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; Receipt of Public Input on Communities of Interest and Potential District Boundaries; and Preliminary Selection of a New Map of City Council District Boundaries. (CITY) H. CITY MANAGER'S STAFF REPORT(S)
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.”