Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo
AMENDED AGENDA
(REVISED PUBLIC COMMUNICATIONS OPTION 5/2/2022 9:00AM)
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
May 4, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person.
Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/city councilagendas 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) AND TEAMSTERS LOCAL 1932. – (CITY)
D2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) D3. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY) D4. 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) D5. 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)
D6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F.
TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – CITY
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY)
D9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)
D10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHTOFWAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:
PRICE AND TERMS OF PAYMENT. – (CITY)
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
B1. Certificate of Recognition to the Fergot Family for their Efforts in Administering the American Flag Retirement Program.
B2. Presentation of a Proclamation to the Rancho Cucamonga Chamber of Commerce Declaring the Month of May 2022 as Business Appreciation Month.
B3. Presentation of a Proclamation Declaring the Month of May 2022 as Mental Health Awareness Month.
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: April 6, 2022 and April 20, 2022.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,997,859.97 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $4,113,458.93 Dated April 11, 2022, Through April 24, 2022, and City and Fire District Electronic Debit Registers for the Month of March in the Total Amount of $1,378,054.69. (CITY/FIRE) D3. Consideration to Approve Amended Fiscal Year 2021/22 Appropriations. (CITY/FIRE) D4. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D5. Consideration of Amendment No. 001 to the Professional Services Agreement with Aufbau Corporation for OnCall Construction Management and Inspection Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of $1,200,000. (CITY/FIRE)
D6. Consideration of Amendment No. 001 to the Professional Services Agreement with Ninyo and Moore Geotechnical & Environmental Sciences Consultants for OnCall Geotechnical Engineering and Material Sampling/Testing Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of $450,000. (CITY/FIRE)
D7. Consideration of a Contract with Hardy and Harper, Inc., in an Amount of $1,315,000 Plus 5% Contingency, and Authorization of an Appropriation in an Amount of $657,200 from the Gas Tax R&T7360 Fund 174 Balance for the FY202122 Major Arterials Pavement Rehabilitation Project. (CITY)
D8. Consideration to Adopt an Annexation Map Showing Assessor Parcel Number 022915127 Located at 8629 Pecan Avenue, Which is Proposed to be Annexed Into CFD No. 851; and Approval to Adopt a Resolution of Intention to Annex Territory Referred to as Annexation No. 22 2 into Community Facilities District No. 851, Specifying Services Proposed to be Financed, to Set and Specify the Special Taxes Proposed to be Levied Within the Annexation Territory and Set a Time and Place for a Public Hearing Related to the Annexation. (RESOLUTION NO. FD 2022008) (RESOLUTION NO. FD 2022009) (FIRE)
D9. Consideration to Accept Grant Revenue from the Edward Byrne Memorial Justice Assistance Grant Funds to Purchase Equipment for the Rancho Cucamonga Police Department. (CITY) D10. Consideration of Adoption of Statement of Goals and Policies for the Use of Community Facilities Districts and Assessment Districts. (CITY)
D11. Consideration of an Appropriation in the Amount of $3,700 from the Underground Utilities Fund (Fund 129) for the Construction of a New Streetlight. (CITY) D12. Consideration of an Agreement Between San Bernardino County and the City of Rancho Cucamonga to Allow the Exercise of Joint Powers for the Purpose of Acquiring Real Property Interests Associated with the Etiwanda Grade Separation Project. (CITY) D13. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Executive Management Employee Group. (RESOLUTION NO. 2022044) (CITY)
D14. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Rancho Cucamonga Management Association. (RESOLUTION NO. 2022045) (CITY)
D15. Consideration to Approve Parcel Map 20164 and Ordering the Annexation into Landscape Maintenance District No. 3B and Street Light Maintenance Districts No’s. 1 and 6 Located at the Southwest Corner of Archibald Avenue and 9th Street, 8768 Archibald Avenue, Related to Case No. SUBTPM20164. (RESOLUTION NO. 2022046, RESOLUTION NO. 2022047 AND RESOLUTION NO. 2022048) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S)
F1. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, Interim Urgency Ordinance No. 998, to be Read by Title Only and Waive Further Reading, Adopting an Interim Development Code and Official City Of Rancho Cucamonga Zoning Map, and Declaring The Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) In Connection Therewith. (INTERIM URGENCY ORDINANCE NO. 998) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT 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
AMENDED AGENDA
(REVISED PUBLIC COMMUNICATIONS OPTION 5/2/2022 9:00AM)
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
May 4, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person.
Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/city councilagendas 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) AND TEAMSTERS LOCAL 1932. – (CITY)
D2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) D3. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY) D4. 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) D5. 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)
D6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F.
TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – CITY
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY)
D9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)
D10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHTOFWAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:
PRICE AND TERMS OF PAYMENT. – (CITY)
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
B1. Certificate of Recognition to the Fergot Family for their Efforts in Administering the American Flag Retirement Program.
B2. Presentation of a Proclamation to the Rancho Cucamonga Chamber of Commerce Declaring the Month of May 2022 as Business Appreciation Month.
B3. Presentation of a Proclamation Declaring the Month of May 2022 as Mental Health Awareness Month.
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: April 6, 2022 and April 20, 2022.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,997,859.97 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $4,113,458.93 Dated April 11, 2022, Through April 24, 2022, and City and Fire District Electronic Debit Registers for the Month of March in the Total Amount of $1,378,054.69. (CITY/FIRE) D3. Consideration to Approve Amended Fiscal Year 2021/22 Appropriations. (CITY/FIRE) D4. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D5. Consideration of Amendment No. 001 to the Professional Services Agreement with Aufbau Corporation for OnCall Construction Management and Inspection Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of $1,200,000. (CITY/FIRE)
D6. Consideration of Amendment No. 001 to the Professional Services Agreement with Ninyo and Moore Geotechnical & Environmental Sciences Consultants for OnCall Geotechnical Engineering and Material Sampling/Testing Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of $450,000. (CITY/FIRE)
D7. Consideration of a Contract with Hardy and Harper, Inc., in an Amount of $1,315,000 Plus 5% Contingency, and Authorization of an Appropriation in an Amount of $657,200 from the Gas Tax R&T7360 Fund 174 Balance for the FY202122 Major Arterials Pavement Rehabilitation Project. (CITY)
D8. Consideration to Adopt an Annexation Map Showing Assessor Parcel Number 022915127 Located at 8629 Pecan Avenue, Which is Proposed to be Annexed Into CFD No. 851; and Approval to Adopt a Resolution of Intention to Annex Territory Referred to as Annexation No. 22 2 into Community Facilities District No. 851, Specifying Services Proposed to be Financed, to Set and Specify the Special Taxes Proposed to be Levied Within the Annexation Territory and Set a Time and Place for a Public Hearing Related to the Annexation. (RESOLUTION NO. FD 2022008) (RESOLUTION NO. FD 2022009) (FIRE)
D9. Consideration to Accept Grant Revenue from the Edward Byrne Memorial Justice Assistance Grant Funds to Purchase Equipment for the Rancho Cucamonga Police Department. (CITY) D10. Consideration of Adoption of Statement of Goals and Policies for the Use of Community Facilities Districts and Assessment Districts. (CITY)
D11. Consideration of an Appropriation in the Amount of $3,700 from the Underground Utilities Fund (Fund 129) for the Construction of a New Streetlight. (CITY) D12. Consideration of an Agreement Between San Bernardino County and the City of Rancho Cucamonga to Allow the Exercise of Joint Powers for the Purpose of Acquiring Real Property Interests Associated with the Etiwanda Grade Separation Project. (CITY) D13. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Executive Management Employee Group. (RESOLUTION NO. 2022044) (CITY)
D14. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Rancho Cucamonga Management Association. (RESOLUTION NO. 2022045) (CITY)
D15. Consideration to Approve Parcel Map 20164 and Ordering the Annexation into Landscape Maintenance District No. 3B and Street Light Maintenance Districts No’s. 1 and 6 Located at the Southwest Corner of Archibald Avenue and 9th Street, 8768 Archibald Avenue, Related to Case No. SUBTPM20164. (RESOLUTION NO. 2022046, RESOLUTION NO. 2022047 AND RESOLUTION NO. 2022048) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S)
F1. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, Interim Urgency Ordinance No. 998, to be Read by Title Only and Waive Further Reading, Adopting an Interim Development Code and Official City Of Rancho Cucamonga Zoning Map, and Declaring The Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) In Connection Therewith. (INTERIM URGENCY ORDINANCE NO. 998) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT 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
AMENDED AGENDA
(REVISED PUBLIC COMMUNICATIONS OPTION 5/2/2022 9:00AM)
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
May 4, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person.
Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/city councilagendas 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) AND TEAMSTERS LOCAL 1932. – (CITY)
D2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) D3. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY) D4. 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) D5. 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)
D6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F.
TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – CITY
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY)
D9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)
D10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHTOFWAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:
PRICE AND TERMS OF PAYMENT. – (CITY)
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
B1. Certificate of Recognition to the Fergot Family for their Efforts in Administering the American Flag Retirement Program.
B2. Presentation of a Proclamation to the Rancho Cucamonga Chamber of Commerce Declaring the Month of May 2022 as Business Appreciation Month.
B3. Presentation of a Proclamation Declaring the Month of May 2022 as Mental Health Awareness Month.
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: April 6, 2022 and April 20, 2022.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,997,859.97 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $4,113,458.93 Dated April 11, 2022, Through April 24, 2022, and City and Fire District Electronic Debit Registers for the Month of March in the Total Amount of $1,378,054.69. (CITY/FIRE) D3. Consideration to Approve Amended Fiscal Year 2021/22 Appropriations. (CITY/FIRE) D4. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D5. Consideration of Amendment No. 001 to the Professional Services Agreement with Aufbau Corporation for OnCall Construction Management and Inspection Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of $1,200,000. (CITY/FIRE)
D6. Consideration of Amendment No. 001 to the Professional Services Agreement with Ninyo and Moore Geotechnical & Environmental Sciences Consultants for OnCall Geotechnical Engineering and Material Sampling/Testing Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of $450,000. (CITY/FIRE)
D7. Consideration of a Contract with Hardy and Harper, Inc., in an Amount of $1,315,000 Plus 5% Contingency, and Authorization of an Appropriation in an Amount of $657,200 from the Gas Tax R&T7360 Fund 174 Balance for the FY202122 Major Arterials Pavement Rehabilitation Project. (CITY)
D8. Consideration to Adopt an Annexation Map Showing Assessor Parcel Number 022915127 Located at 8629 Pecan Avenue, Which is Proposed to be Annexed Into CFD No. 851; and Approval to Adopt a Resolution of Intention to Annex Territory Referred to as Annexation No. 22 2 into Community Facilities District No. 851, Specifying Services Proposed to be Financed, to Set and Specify the Special Taxes Proposed to be Levied Within the Annexation Territory and Set a Time and Place for a Public Hearing Related to the Annexation. (RESOLUTION NO. FD 2022008) (RESOLUTION NO. FD 2022009) (FIRE)
D9. Consideration to Accept Grant Revenue from the Edward Byrne Memorial Justice Assistance Grant Funds to Purchase Equipment for the Rancho Cucamonga Police Department. (CITY) D10. Consideration of Adoption of Statement of Goals and Policies for the Use of Community Facilities Districts and Assessment Districts. (CITY)
D11. Consideration of an Appropriation in the Amount of $3,700 from the Underground Utilities Fund (Fund 129) for the Construction of a New Streetlight. (CITY) D12. Consideration of an Agreement Between San Bernardino County and the City of Rancho Cucamonga to Allow the Exercise of Joint Powers for the Purpose of Acquiring Real Property Interests Associated with the Etiwanda Grade Separation Project. (CITY) D13. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Executive Management Employee Group. (RESOLUTION NO. 2022044) (CITY)
D14. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Rancho Cucamonga Management Association. (RESOLUTION NO. 2022045) (CITY)
D15. Consideration to Approve Parcel Map 20164 and Ordering the Annexation into Landscape Maintenance District No. 3B and Street Light Maintenance Districts No’s. 1 and 6 Located at the Southwest Corner of Archibald Avenue and 9th Street, 8768 Archibald Avenue, Related to Case No. SUBTPM20164. (RESOLUTION NO. 2022046, RESOLUTION NO. 2022047 AND RESOLUTION NO. 2022048) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S)
F1. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, Interim Urgency Ordinance No. 998, to be Read by Title Only and Waive Further Reading, Adopting an Interim Development Code and Official City Of Rancho Cucamonga Zoning Map, and Declaring The Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) In Connection Therewith. (INTERIM URGENCY ORDINANCE NO. 998) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT 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
AMENDED AGENDA
(REVISED PUBLIC COMMUNICATIONS OPTION 5/2/2022 9:00AM)
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
May 4, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person.
Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/city councilagendas 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) AND TEAMSTERS LOCAL 1932. – (CITY)
D2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) D3. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY) D4. 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) D5. 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)
D6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F.
TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – CITY
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY)
D9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)
D10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHTOFWAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:
PRICE AND TERMS OF PAYMENT. – (CITY)
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
B1. Certificate of Recognition to the Fergot Family for their Efforts in Administering the American Flag Retirement Program.
B2. Presentation of a Proclamation to the Rancho Cucamonga Chamber of Commerce Declaring the Month of May 2022 as Business Appreciation Month.
B3. Presentation of a Proclamation Declaring the Month of May 2022 as Mental Health Awareness Month.
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: April 6, 2022 and April 20, 2022.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,997,859.97 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $4,113,458.93 Dated April 11, 2022, Through April 24, 2022, and City and Fire District Electronic Debit Registers for the Month of March in the Total Amount of $1,378,054.69. (CITY/FIRE) D3. Consideration to Approve Amended Fiscal Year 2021/22 Appropriations. (CITY/FIRE) D4. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D5. Consideration of Amendment No. 001 to the Professional Services Agreement with Aufbau Corporation for OnCall Construction Management and Inspection Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of $1,200,000. (CITY/FIRE)
D6. Consideration of Amendment No. 001 to the Professional Services Agreement with Ninyo and Moore Geotechnical & Environmental Sciences Consultants for OnCall Geotechnical Engineering and Material Sampling/Testing Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of $450,000. (CITY/FIRE)
D7. Consideration of a Contract with Hardy and Harper, Inc., in an Amount of $1,315,000 Plus 5% Contingency, and Authorization of an Appropriation in an Amount of $657,200 from the Gas Tax R&T7360 Fund 174 Balance for the FY202122 Major Arterials Pavement Rehabilitation Project. (CITY)
D8. Consideration to Adopt an Annexation Map Showing Assessor Parcel Number 022915127 Located at 8629 Pecan Avenue, Which is Proposed to be Annexed Into CFD No. 851; and Approval to Adopt a Resolution of Intention to Annex Territory Referred to as Annexation No. 22 2 into Community Facilities District No. 851, Specifying Services Proposed to be Financed, to Set and Specify the Special Taxes Proposed to be Levied Within the Annexation Territory and Set a Time and Place for a Public Hearing Related to the Annexation. (RESOLUTION NO. FD 2022008) (RESOLUTION NO. FD 2022009) (FIRE)
D9. Consideration to Accept Grant Revenue from the Edward Byrne Memorial Justice Assistance Grant Funds to Purchase Equipment for the Rancho Cucamonga Police Department. (CITY) D10. Consideration of Adoption of Statement of Goals and Policies for the Use of Community Facilities Districts and Assessment Districts. (CITY)
D11. Consideration of an Appropriation in the Amount of $3,700 from the Underground Utilities Fund (Fund 129) for the Construction of a New Streetlight. (CITY) D12. Consideration of an Agreement Between San Bernardino County and the City of Rancho Cucamonga to Allow the Exercise of Joint Powers for the Purpose of Acquiring Real Property Interests Associated with the Etiwanda Grade Separation Project. (CITY) D13. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Executive Management Employee Group. (RESOLUTION NO. 2022044) (CITY)
D14. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Rancho Cucamonga Management Association. (RESOLUTION NO. 2022045) (CITY)
D15. Consideration to Approve Parcel Map 20164 and Ordering the Annexation into Landscape Maintenance District No. 3B and Street Light Maintenance Districts No’s. 1 and 6 Located at the Southwest Corner of Archibald Avenue and 9th Street, 8768 Archibald Avenue, Related to Case No. SUBTPM20164. (RESOLUTION NO. 2022046, RESOLUTION NO. 2022047 AND RESOLUTION NO. 2022048) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S)
F1. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, Interim Urgency Ordinance No. 998, to be Read by Title Only and Waive Further Reading, Adopting an Interim Development Code and Official City Of Rancho Cucamonga Zoning Map, and Declaring The Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) In Connection Therewith. (INTERIM URGENCY ORDINANCE NO. 998) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT 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
AMENDED AGENDA
(REVISED PUBLIC COMMUNICATIONS OPTION 5/2/2022 9:00AM)
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
May 4, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person.
Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/city councilagendas 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) AND TEAMSTERS LOCAL 1932. – (CITY)
D2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) D3. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY) D4. 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) D5. 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)
D6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F.
TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – CITY
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY)
D9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)
D10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHTOFWAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:
PRICE AND TERMS OF PAYMENT. – (CITY)
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
B1. Certificate of Recognition to the Fergot Family for their Efforts in Administering the American Flag Retirement Program.
B2. Presentation of a Proclamation to the Rancho Cucamonga Chamber of Commerce Declaring the Month of May 2022 as Business Appreciation Month.
B3. Presentation of a Proclamation Declaring the Month of May 2022 as Mental Health Awareness Month.
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: April 6, 2022 and April 20, 2022.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,997,859.97 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $4,113,458.93 Dated April 11, 2022, Through April 24, 2022, and City and Fire District Electronic Debit Registers for the Month of March in the Total Amount of $1,378,054.69. (CITY/FIRE) D3. Consideration to Approve Amended Fiscal Year 2021/22 Appropriations. (CITY/FIRE) D4. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D5. Consideration of Amendment No. 001 to the Professional Services Agreement with Aufbau Corporation for OnCall Construction Management and Inspection Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of $1,200,000. (CITY/FIRE)
D6. Consideration of Amendment No. 001 to the Professional Services Agreement with Ninyo and Moore Geotechnical & Environmental Sciences Consultants for OnCall Geotechnical Engineering and Material Sampling/Testing Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of $450,000. (CITY/FIRE)
D7. Consideration of a Contract with Hardy and Harper, Inc., in an Amount of $1,315,000 Plus 5% Contingency, and Authorization of an Appropriation in an Amount of $657,200 from the Gas Tax R&T7360 Fund 174 Balance for the FY202122 Major Arterials Pavement Rehabilitation Project. (CITY)
D8. Consideration to Adopt an Annexation Map Showing Assessor Parcel Number 022915127 Located at 8629 Pecan Avenue, Which is Proposed to be Annexed Into CFD No. 851; and Approval to Adopt a Resolution of Intention to Annex Territory Referred to as Annexation No. 22 2 into Community Facilities District No. 851, Specifying Services Proposed to be Financed, to Set and Specify the Special Taxes Proposed to be Levied Within the Annexation Territory and Set a Time and Place for a Public Hearing Related to the Annexation. (RESOLUTION NO. FD 2022008) (RESOLUTION NO. FD 2022009) (FIRE)
D9. Consideration to Accept Grant Revenue from the Edward Byrne Memorial Justice Assistance Grant Funds to Purchase Equipment for the Rancho Cucamonga Police Department. (CITY) D10. Consideration of Adoption of Statement of Goals and Policies for the Use of Community Facilities Districts and Assessment Districts. (CITY)
D11. Consideration of an Appropriation in the Amount of $3,700 from the Underground Utilities Fund (Fund 129) for the Construction of a New Streetlight. (CITY) D12. Consideration of an Agreement Between San Bernardino County and the City of Rancho Cucamonga to Allow the Exercise of Joint Powers for the Purpose of Acquiring Real Property Interests Associated with the Etiwanda Grade Separation Project. (CITY) D13. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Executive Management Employee Group. (RESOLUTION NO. 2022044) (CITY)
D14. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Rancho Cucamonga Management Association. (RESOLUTION NO. 2022045) (CITY)
D15. Consideration to Approve Parcel Map 20164 and Ordering the Annexation into Landscape Maintenance District No. 3B and Street Light Maintenance Districts No’s. 1 and 6 Located at the Southwest Corner of Archibald Avenue and 9th Street, 8768 Archibald Avenue, Related to Case No. SUBTPM20164. (RESOLUTION NO. 2022046, RESOLUTION NO. 2022047 AND RESOLUTION NO. 2022048) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S)
F1. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, Interim Urgency Ordinance No. 998, to be Read by Title Only and Waive Further Reading, Adopting an Interim Development Code and Official City Of Rancho Cucamonga Zoning Map, and Declaring The Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) In Connection Therewith. (INTERIM URGENCY ORDINANCE NO. 998) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT 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
AMENDED AGENDA
(REVISED PUBLIC COMMUNICATIONS OPTION 5/2/2022 9:00AM)
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
May 4, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person.
Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/city councilagendas 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) AND TEAMSTERS LOCAL 1932. – (CITY)
D2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) D3. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY) D4. 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) D5. 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)
D6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F.
TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – CITY
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY)
D9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)
D10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHTOFWAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:
PRICE AND TERMS OF PAYMENT. – (CITY)
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
B1. Certificate of Recognition to the Fergot Family for their Efforts in Administering the American Flag Retirement Program.
B2. Presentation of a Proclamation to the Rancho Cucamonga Chamber of Commerce Declaring the Month of May 2022 as Business Appreciation Month.
B3. Presentation of a Proclamation Declaring the Month of May 2022 as Mental Health Awareness Month.
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: April 6, 2022 and April 20, 2022.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,997,859.97 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $4,113,458.93 Dated April 11, 2022, Through April 24, 2022, and City and Fire District Electronic Debit Registers for the Month of March in the Total Amount of $1,378,054.69. (CITY/FIRE) D3. Consideration to Approve Amended Fiscal Year 2021/22 Appropriations. (CITY/FIRE) D4. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D5. Consideration of Amendment No. 001 to the Professional Services Agreement with Aufbau Corporation for OnCall Construction Management and Inspection Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of $1,200,000. (CITY/FIRE)
D6. Consideration of Amendment No. 001 to the Professional Services Agreement with Ninyo and Moore Geotechnical & Environmental Sciences Consultants for OnCall Geotechnical Engineering and Material Sampling/Testing Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of $450,000. (CITY/FIRE)
D7. Consideration of a Contract with Hardy and Harper, Inc., in an Amount of $1,315,000 Plus 5% Contingency, and Authorization of an Appropriation in an Amount of $657,200 from the Gas Tax R&T7360 Fund 174 Balance for the FY202122 Major Arterials Pavement Rehabilitation Project. (CITY)
D8. Consideration to Adopt an Annexation Map Showing Assessor Parcel Number 022915127 Located at 8629 Pecan Avenue, Which is Proposed to be Annexed Into CFD No. 851; and Approval to Adopt a Resolution of Intention to Annex Territory Referred to as Annexation No. 22 2 into Community Facilities District No. 851, Specifying Services Proposed to be Financed, to Set and Specify the Special Taxes Proposed to be Levied Within the Annexation Territory and Set a Time and Place for a Public Hearing Related to the Annexation. (RESOLUTION NO. FD 2022008) (RESOLUTION NO. FD 2022009) (FIRE)
D9. Consideration to Accept Grant Revenue from the Edward Byrne Memorial Justice Assistance Grant Funds to Purchase Equipment for the Rancho Cucamonga Police Department. (CITY) D10. Consideration of Adoption of Statement of Goals and Policies for the Use of Community Facilities Districts and Assessment Districts. (CITY)
D11. Consideration of an Appropriation in the Amount of $3,700 from the Underground Utilities Fund (Fund 129) for the Construction of a New Streetlight. (CITY) D12. Consideration of an Agreement Between San Bernardino County and the City of Rancho Cucamonga to Allow the Exercise of Joint Powers for the Purpose of Acquiring Real Property Interests Associated with the Etiwanda Grade Separation Project. (CITY) D13. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Executive Management Employee Group. (RESOLUTION NO. 2022044) (CITY)
D14. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Rancho Cucamonga Management Association. (RESOLUTION NO. 2022045) (CITY)
D15. Consideration to Approve Parcel Map 20164 and Ordering the Annexation into Landscape Maintenance District No. 3B and Street Light Maintenance Districts No’s. 1 and 6 Located at the Southwest Corner of Archibald Avenue and 9th Street, 8768 Archibald Avenue, Related to Case No. SUBTPM20164. (RESOLUTION NO. 2022046, RESOLUTION NO. 2022047 AND RESOLUTION NO. 2022048) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S)
F1. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, Interim Urgency Ordinance No. 998, to be Read by Title Only and Waive Further Reading, Adopting an Interim Development Code and Official City Of Rancho Cucamonga Zoning Map, and Declaring The Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) In Connection Therewith. (INTERIM URGENCY ORDINANCE NO. 998) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT 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
AMENDED AGENDA
(REVISED PUBLIC COMMUNICATIONS OPTION 5/2/2022 9:00AM)
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
May 4, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.
Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person.
Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your government/city councilagendas 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) AND TEAMSTERS LOCAL 1932. – (CITY)
D2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) D3. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY) D4. 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) D5. 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)
D6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F.
TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – CITY
D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY)
D9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)
D10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHTOFWAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:
PRICE AND TERMS OF PAYMENT. – (CITY)
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
B1. Certificate of Recognition to the Fergot Family for their Efforts in Administering the American Flag Retirement Program.
B2. Presentation of a Proclamation to the Rancho Cucamonga Chamber of Commerce Declaring the Month of May 2022 as Business Appreciation Month.
B3. Presentation of a Proclamation Declaring the Month of May 2022 as Mental Health Awareness Month.
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: April 6, 2022 and April 20, 2022.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,997,859.97 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $4,113,458.93 Dated April 11, 2022, Through April 24, 2022, and City and Fire District Electronic Debit Registers for the Month of March in the Total Amount of $1,378,054.69. (CITY/FIRE) D3. Consideration to Approve Amended Fiscal Year 2021/22 Appropriations. (CITY/FIRE) D4. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D5. Consideration of Amendment No. 001 to the Professional Services Agreement with Aufbau Corporation for OnCall Construction Management and Inspection Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of $1,200,000. (CITY/FIRE)
D6. Consideration of Amendment No. 001 to the Professional Services Agreement with Ninyo and Moore Geotechnical & Environmental Sciences Consultants for OnCall Geotechnical Engineering and Material Sampling/Testing Services to add the Rancho Cucamonga Fire Protection District as a Party and Increase Compensation to an Annual Total of $450,000. (CITY/FIRE)
D7. Consideration of a Contract with Hardy and Harper, Inc., in an Amount of $1,315,000 Plus 5% Contingency, and Authorization of an Appropriation in an Amount of $657,200 from the Gas Tax R&T7360 Fund 174 Balance for the FY202122 Major Arterials Pavement Rehabilitation Project. (CITY)
D8. Consideration to Adopt an Annexation Map Showing Assessor Parcel Number 022915127 Located at 8629 Pecan Avenue, Which is Proposed to be Annexed Into CFD No. 851; and Approval to Adopt a Resolution of Intention to Annex Territory Referred to as Annexation No. 22 2 into Community Facilities District No. 851, Specifying Services Proposed to be Financed, to Set and Specify the Special Taxes Proposed to be Levied Within the Annexation Territory and Set a Time and Place for a Public Hearing Related to the Annexation. (RESOLUTION NO. FD 2022008) (RESOLUTION NO. FD 2022009) (FIRE)
D9. Consideration to Accept Grant Revenue from the Edward Byrne Memorial Justice Assistance Grant Funds to Purchase Equipment for the Rancho Cucamonga Police Department. (CITY) D10. Consideration of Adoption of Statement of Goals and Policies for the Use of Community Facilities Districts and Assessment Districts. (CITY)
D11. Consideration of an Appropriation in the Amount of $3,700 from the Underground Utilities Fund (Fund 129) for the Construction of a New Streetlight. (CITY) D12. Consideration of an Agreement Between San Bernardino County and the City of Rancho Cucamonga to Allow the Exercise of Joint Powers for the Purpose of Acquiring Real Property Interests Associated with the Etiwanda Grade Separation Project. (CITY) D13. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Executive Management Employee Group. (RESOLUTION NO. 2022044) (CITY)
D14. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Rancho Cucamonga Management Association. (RESOLUTION NO. 2022045) (CITY)
D15. Consideration to Approve Parcel Map 20164 and Ordering the Annexation into Landscape Maintenance District No. 3B and Street Light Maintenance Districts No’s. 1 and 6 Located at the Southwest Corner of Archibald Avenue and 9th Street, 8768 Archibald Avenue, Related to Case No. SUBTPM20164. (RESOLUTION NO. 2022046, RESOLUTION NO. 2022047 AND RESOLUTION NO. 2022048) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S)
F1. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, Interim Urgency Ordinance No. 998, to be Read by Title Only and Waive Further Reading, Adopting an Interim Development Code and Official City Of Rancho Cucamonga Zoning Map, and Declaring The Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) In Connection Therewith. (INTERIM URGENCY ORDINANCE NO. 998) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT 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.”