Agenda packet — Rancho Cucamonga City Council, October 4, 2022 (part 1 of 4)

Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:

Ryan A. Hutchison
Kristine D. Scott
CITY OF RANCHO CUCAMONGA
ADJOURNED REGULAR MEETING
AGENDA
October 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 TAPIA CONFERENCE ROOM 4:30 P.M.

ADJOURNED REGULAR

MEETINGS
COUNCIL CHAMBERS 7:00 P.M.

The City Council meets regularly on the first and third Wednesday of the month a t 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).

CLOSED SESSION – 4:30 P.M.

TAPIA CONFERENCE ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison and Scott
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 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.: PENDING. (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.

BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, SBSC CASE NO.: CIVSB2201955. (CITY)
D4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP (CITY)
D5. CONFERENCE WITH 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)
D6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 – (CITY)
D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 0227121560000 COMMONLY KNOWN AS ADDRESS 7089 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, RAYMOND WOLFE, EXECUTIVE DIRECTOR, REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA), REGARDING PRICE AND TERMS. – CITY
D8. 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.

TOVEY/SHULTZ, INC., ET AL., SAN BERNARDINO SUPERIOR COURT, CASE NO. CIVSB 2127516 (CITY)
D9. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; Inland Real Estate Group, LLC et al. v. City of Rancho Cucamonga, U.S. District Court for the Central District of California, Case No. 5:21cv01656SBKK. (CITY)
D10. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER)
E. RECESS – Closed Session to Recess to the Adjourned Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.

ADJOURNED REGULAR MEETINGS– 7:00 P.M.

COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison and Scott
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
B1. Presentation of a Certificate of Sympathy in Memory of Bob Dutton, Longtime Public Servant: Former Rancho Cucamonga City Council Member and California Senator who Served as the County Assessor, Recorder and Clerk.

B2. Presentation of Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting.

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: June 1, 2022, June 15, 2022, July 20, 2022, August 3, 2022, August 17, 2022 and Special Meetings of: August 23, 2022.

D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $2,106,637.34 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $8,025,757.39 Dated September 12, 2022, Through September 25, 2022, and City and Fire District Electronic Debit Registers for the Month of August in the Total Amount of $6,096,689.95. (CITY/FIRE) D3. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) D4. Consideration of the Purchase of Fertilizer and Pesticides on an as Needed Basis from Nutrien Ag Solutions and WilburEllis Co. in an Amount Not to Exceed $138,200. (CITY) D5. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Rochester Avenue Pavement Rehabilitation Project. (CITY) D6. Consideration of an Award to Southern California Sound Image, Inc. and Authorization of a Budget Transfer in the Amount of $115,770 for the Purchase of a Theatrical Public Address (PA) System for the Lewis Family Playhouse. (CITY)
D7. Consideration of a Professional Services Agreement with Lisa Wise Consulting, Inc. for the Development of an Economic Development Strategic Pan for a Total Not to Exceed $82,500. (CITY)
D8. Consideration of a Resolution Approving the Property Tax Exchange Related to LAFCO 3256 Resulting from Annexation to the City. (RESOLUTION NO. 2022128) (CITY) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of a: 1) Disposition and Development Agreement with DesertExpress Enterprises, LLC (dba Brightline West) and the San Bernardino County Transportation Authority (SBCTA) for a Portion of Property Located at the Northwest Corner of Milliken Avenue and Azusa Court, Including Easements Across Portions of RightOfWay on 8th Street, Milliken Avenue, and the Cucamonga Station Property, for the Development of a Station and Track as Part of a High Speed Rail System with an Origin/Terminus Between Las Vegas Nevada and the Cucamonga Station in Rancho Cucamonga (CITY); 2) Amendment No. 2 to Cooperative Agreement No. 94001 by and between the San Bernardino County Transportation Authority (SBCTA) and the City of Rancho Cucamonga with regard to the management of jointly owned property at Cucamonga Station, all of which is located in the HavenArrowRochesterTransit (HART) District in the City of Rancho Cucamonga. (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. Consideration of Biennial Review of Conflict of Interest Code and a Resolution Adopting By Reference the Standard Conflict of Interest Provisions of California Code of Regulations Title 2, Section 18730 and Approving an Amended Conflict of Interest Code, Appendix I and II, to Account for the Addition, Deletion and Modification of Positions Listed as "Designated Positions" and Including Disclosure Categories for Designated Consultants. (RESOLUTION NO. 2022127) (CITY) H. CITY MANAGER'S STAFF REPORT(S)
H1. Consideration of First Reading of Ordinance No. 1010, Entitled “An Ordinance of the City of Rancho Cucamonga, California, Adding Section 10.60.060 to the Rancho Cucamonga Municipal Code to Establish Procedures for the Designation of OnStreet Accessible Parking Zones” to be Read by Title Only and Waive Further Reading and Approval of the Guidelines for Installation OnStreet Accessible Parking Zones. (ORDINANCE NO. 1010) (CITY)
H2. Consideration of First Reading and Introduction of Ordinance No. 1011, to be Read by Title Only and Waive Further Reading, Adopting the 2022 Edition of the California Building (model) Codes and the 2021 Edition of the International Building Codes and a Request to Set a Date for a Public Hearing for the Proposed Ordinance. (ORDINANCE NO. 1011) (CITY)
H3. Consideration of First Reading of Ordinance No. FD58, to be Read by Title Only and Waive Further Reading, An Ordinance of the Board of Directors of the Rancho Cucamonga Fire Protection District Adopting by Reference the 2022 California Fire Code, With Errata, Together With Certain Changes, Modifications, Amendments, Additions, Deletions, and Exceptions; Providing for the Issuance of Permits and Collection of Fees; and Repealing Conflicting Ordinances. (ORDINANCE NO. FD58) (FIRE)
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
Adjournment in Memory of in Memory of Bob Dutton, Longtime Public Servant.

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.”

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Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:

ADJOURNED REGULAR

MEETINGS
COUNCIL CHAMBERS 7:00 P.M.

CLOSED SESSION – 4:30 P.M.

ADJOURNED REGULAR MEETINGS– 7:00 P.M.

B2. Presentation of Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting.

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.

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.

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.”

Page 2 ends

Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:

ADJOURNED REGULAR

MEETINGS
COUNCIL CHAMBERS 7:00 P.M.

CLOSED SESSION – 4:30 P.M.

ADJOURNED REGULAR MEETINGS– 7:00 P.M.

B2. Presentation of Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting.

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.

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.

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.”

Page 3 ends

Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:

ADJOURNED REGULAR

MEETINGS
COUNCIL CHAMBERS 7:00 P.M.

CLOSED SESSION – 4:30 P.M.

ADJOURNED REGULAR MEETINGS– 7:00 P.M.

B2. Presentation of Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting.

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.

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.

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.”

Page 4 ends

Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:

ADJOURNED REGULAR

MEETINGS
COUNCIL CHAMBERS 7:00 P.M.

CLOSED SESSION – 4:30 P.M.

ADJOURNED REGULAR MEETINGS– 7:00 P.M.

B2. Presentation of Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting.

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.

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.

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.”

Page 5 ends

Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:

ADJOURNED REGULAR

MEETINGS
COUNCIL CHAMBERS 7:00 P.M.

CLOSED SESSION – 4:30 P.M.

ADJOURNED REGULAR MEETINGS– 7:00 P.M.

B2. Presentation of Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting.

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.

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.

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.”

Page 6 ends

Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:

ADJOURNED REGULAR

MEETINGS
COUNCIL CHAMBERS 7:00 P.M.

CLOSED SESSION – 4:30 P.M.

ADJOURNED REGULAR MEETINGS– 7:00 P.M.

B2. Presentation of Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting.

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.

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.

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.”

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June 1, 2022 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 1 of 8

June 1, 2022

CITY OF RANCHO CUCAMONGA

FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY,

PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES

The City Council of the City of Rancho Cucamonga held a closed session on Wednesday, June 1, 2022, in the Tri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m.

Present were Council Members: Ryan Hutchison, Kristine Scott , Mayor Pro Tem Lynne Kennedy and Mayor L.

Dennis Michael.

Also present were: John Gillison, City Manager; Nicholas Ghirelli , City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services and Matt Burris, Deputy City Manager/Economic and Community Development.

A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)

B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)

No public communications were made.

C. CITY MANAGER ANNOUNCEMENTS

None.

D. CONDUCT OF CLOSED SESSION

D1. CONFERENCE WITH LABOR 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 NE GOTIATORS 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 CUTL ER,

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 C OUNSEL – 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)

D6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNME NT CODE SECTION 54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA; CITY NEGOTIATING PARTIES: JOHN GILLISON, CITY MANAGER; ELISA COX, ASSISTANT CITY MANAGER AND FLAVIO NUNEZ, MANAGEMENT ANALYST; NEGOTIATING PARTIES: JULIAN F.

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TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – (CITY)

D7. 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 CUCA MONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)

D8. 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

The closed session recessed at 6:50 p.m.

REGULAR MEETING – 7:00 p.m.

CALL TO ORDER – COUNCIL CHAMBERS

The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held on June 1, 2022, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m.

Present were Council Members: Ryan Hutchison, Kristine Scott , Mayor Pro Tem Lynne Kenned y and Mayor L.

Dennis Michael.

Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Linda Troyan, MMC, City Clerk Services Director.

Mayor Pro Tem Kennedy led the Pledge of Allegiance.

A. AMENDMENTS TO THE AGENDA

None.

B. ANNOUNCEMENTS/PRESENTATIONS

B1. Presentation of a Certificate of Sympathy in Memory of Retired California Fourth District Appellate Court Justice and Former Rancho Cucamonga City Council Member, Jeffrey King.

Mayor Michael and Members of the City Council presented a Certificate of Sympathy to the King family in memory of Retired California Fourth District Appellate Court Justice and former Rancho Cucamonga City Council Member, Jeffrey King.

C. PUBLIC COMMUNICATIONS

Frank Atry, spoke on his public communications period, and the vacancy on the City Council and contributions.

City Attorney Ghirelli noted that Mr. Atry was provided with his full five minutes to speak at a previous City Council meeting.

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Jim Kulbacki, spoke in opposition to the proposed removal of crosswalk on Hermosa Ave. due to safety concerns and submitted a petition.

Janet Walton, offered a prayer.

Margo Pollard, spoke on safety concerns at Hermosa intersections.

Marcus Andrews , spoke on behalf of Teamsters, encouraged the city to recognize its employees and asked for essential workers’ pay for employees.

Steve Cadena, Teamsters Local 1932 , spoke on establishing relationships with the City, giving back to the community and on pay increases and wages.

Juan Flores, representing Teamsters, spoke in support of employees and the services they provide to the city.

Meghan Svododa, spoke in opposition of removing crosswalk on Hermosa Ave. and reque sted a study be done.

Cindy George, spoke on crosswalk by Deer Canyon, requested flashing lights or a stop sign and hopes Council takes in all comments.

Jennifer Thomas, expressed concerns and opposed the removal of the crosswalk on Hermosa Ave . due to safety concerns and asked for better solution.

Charles Gilland, spoke in opposition on the removal of the Hermosa crosswalk due to safety concerns.

Robert Bandholtz, spoke on the signage posted for the crosswalk removal notification on Hermosa, i nquired if Council has gone out to see it, noted that he does not feel represented in District 1 and requested Council come out and see the crosswalk.

Crystal Ketchup, spoke about her Operation Restore Plan to help abolish homelessness; requested assistance from the city on looking over the plan and addressing homelessness.

Sabine McKeown, spoke on crosswalk removal concerns and liability for the city.

City Manager Gillison noted that the city will be bringing in an outside traffic engineer to get a seco nd opinion and reevaluate the site. There will also be an opportunity to do traffic counts when school begins in August. The traffic engineer will make recommendations and staff will return with the recommendations and work with the community.

Mr. Gillison clarified that the crosswalk will remain for the time being and staff will return with the recommendations from the outside traffic engineer.

City Attorney Ghirelli noted that the City Engineer is trying to do what is best to keep our intersections safest.

City Manager Gillison noted that although there is a current vacancy in District 1, the Mayor represents the whole city and resides in District 1 and any concerns can be directed to the Mayor and any other Council Member.

D. CONSENT CALENDAR
Council Member Scott announced that she will need to abstain on item D2, due to a potential conflict of interest as her employer is Southern California Gas Company.

D1. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,853,188.14 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $6,637,278.83 Dated May 11, 2022 Through May 23, 2022. (CITY/FIRE)

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D2. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $1, 232.20 Dated May 11, 2022, Through May 23, 2022 (CITY). No Checks issued to Southern California Gas for the Fire District. (CITY/FIRE)

D3. Consideration to Receive and File Current Investment Schedules as of April 30, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)

D4. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)

D5. Consideration to Receive and File the AB 1600 Development Impact Fee Report for the Fiscal Year Ended June 30, 2021. (CITY)

D6. Consideration of the Purchase of One (1) Super Cab XL with Rear Seat Deleted, Utility Bed Truck in the Amount of $61,420.40. (CITY)

D7. Consideration of a Professional Services Agreement with Able Building Maintenance fo r Window Cleaning Services in the amount of $96,000. (CITY/FIRE)

D8. Consideration of Amendment No. 1 to the Cooperative Agreement (SBCTA Cooperative Agreement No. 201002316; City Contract No. CO2020135) with the San Bernardino County Transportation Authority for Design and Construction of the 6th Street Cycle Track Project. (CITY)

D9. Consideration of Amendment No. 05 to the Agreement with Pacific Utility Installation, Inc. (CO19085) in the Amount of $4,352,485, plus a 15% Contingency for the Etiwan da Avenue and Sixth Street Electric and Fiber Line Extension Project and Authorization of an Appropriation in the Amount of $4,694,400. (CITY)

D10. Consideration of Amendment No. 6 to the Professional Services Agreement with Commercial Cleaning Systems (CO 17141) for Citywide Janitorial Services in an Amount Not to Exceed $1,150,000 FY 2022/2023. (CITY)

D11. Consideration of Amendment No. 8 to Contract CO 16114 with EMCOR Services/Mesa Energy Systems for Citywide HVAC Maintenance and Repair Services in an Amount Not to Exceed $502,296 (City) and $77,770 (Fire). (CITY/FIRE)

D12. Consideration to Adopt a Resolution Declaring Results of a Special Election in Community Facilities District No. 851, Annexation No. 221, and Ordering the Annexation of Such Property Located at 7878 East Avenue in Community Facilities District No. 851 (APN: 110019104). (RESOLUTION NO. FD 2022013) (FIRE)

D13. Consideration of Resolution Approving the Annual Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire in the Amount of $181,970 for FY 202223. (RESOLUTION NO. FD 2022012) (FIRE)

D14. Consideration to Approve Tract Map 20334, Improvement Agreement, and Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No.7, and into Street Light Maintenance District No.1 and No.7, Located on the East Side of East Avenue and South of Banyan Street at 6179 East Avenue, Related to Case No’s. SUBTT20334 and DRC2020 00139. (RESOLUTION NO. 2022057), (RESOLUTION NO. 2022058), AND (RESOLUTION NO. 2022059) (CITY)

D15. Consideration to Adopt a Resolution Approving a Determination of Public Convenience or Necessity (DRC202200035): Located at 12730 Foothill Boulevard – Public Convenience or Necessity DRC202200035 – L’Auberge Bakery and Market A Request for a Public Convenience or Necessity (PCN) Determination for Alcoholic Beverage Sales for OffSite Consumption (Type20 OffSale Beer and Wine) for a 5,543 Square Fo ot International Bakery and Market Located in the Community Commercial (CC) District and the Foothill Boulevard Overlay District of the Foothill Boulevard Specific

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Plan – APN: 109060118. This Project is Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption – Existing Facilities). (RESOLUTION NO. 2022056) (CITY)

D16. Consideration of a Resolution Approving Master Agreement No. 085420S21 for Administration of State Grant Funding and Program Supplement Agreement No. 000000Z67 for Administration of State Highway Safety Improvement Program Grant Funds for the 2022 HSIP Traffic Signal Modifications at Various Locations Project with the California Department of Transportation and Authorizing the City Manager or Designee, to Approve and Execute Project Related Documents and Future Program Supplement Agreements. (RESOLUTION NO. 2022060) (CITY)

MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tem Kennedy, to approve Consent Calendar Items D1 through D 16, with Council Member Scott abstaining on item D 2, due to her employment with Southern California Gas Company. Motion carried, 4-0.

E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION

Item E1 and E2 were taken concurrently.

E1. Consideration of Second Reading and Adoption of the Following:

ORDINANCE NO. 1000

AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A

MUNICIPAL CODE AMENDMENT ADOPTING A COMPREHENSIVE UPDATE TO THE DEVELOPMENT

CODE, ADOPTING AN ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT

REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF;
ORDINANCE NO. 1001

AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A REVISED OFFICIAL ZONING MAP, AND MAKING FINDINGS PURSUANT TO CEQA;

ORDINANCE NO. 1002

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,

REPEALING THE ETIWANDA NORTH SPECI FIC PLAN, ETIWANDA SPECIFIC PLAN, ETIWANDA

HIGHLANDS PLANNED COMMUNITY, TERRA VISTA PLANNED COMMUNITY AND VICTORIA

PLANNED COMMUNITY AND AMENDING THE EMPIRE LAKES SPECIFIC PLAN TO AMEND THE

BOUNDARIES OF THE PLAN AND RENAME THE PLAN TO THE RESORT SPECIFIC PLAN, AND MAKING FINDINGS PURSUANT TO CEQA. (CITY)

E2. Consideration of Second Reading and Adoption of the Following:

ORDINANCE NO. 1003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.16.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO

SALARIES FOR MAYOR AND MEMBERS OF THE CITY COUNCIL

MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to waive full reading and adopt Ordinance No s. 1000,1001,1002 and 1003 by title only.

Linda Troyan, MMC, City Clerk Services Director , read the titles of Ordinance No s. 1000, 1001, 1002 and 1003 by title only.

VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to waive full reading and adopt Ordinance Nos. 1000, 1001, 1002 and 1003 by title only. Motion carried, 4-0.

F. ADMINISTRATIVE HEARING ITEM(S)
None.

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G. ADVERTISED PUBLIC HEARING ITEM(S) – CITY/FIRE DISTRICT

G1. Consideration of Resolutions for the Formation of Community Facilities District No. 202201 and Community Facilities District No. 202202 as follows: (1) Resolutions for the Formation of Each; (2) Resolutions for Future Annexation of Territory for Each; (3) Resolutions to Conduct an Election of the Qualified Voters for Each; (4) Resolutions Declaring the Results of the Election for Each; and (5) Introduce Ordinances to Levy a Special Tax for Each. (RESOLUTIONS NOS. 2022061, 2022062, 2022063, 2022064, 2022065, 2022066, 2022067 AND 2022068) (ORDINANCE NOS. 1005 AND 1006) (CITY)

City Manager Gillison introduced Noah Daniels, Finance Director and Mrunal Mehta Shah from Best, Best and Krieger, who provided a PowerPoint presentation.

Mayor Michael opened the Public Hearing for the formation of Community Facilities District No. 2022 -01 and future annexation.

City Clerk Services Director Troyan announced that the County of San Bernardino Registrar of Voters has certified that there are no registered voters within Community Facilities District No. 2022-01.

There were no public communications received.

City Clerk Services Director Troyan announced that no written protests were received.

Mayor Michael closed the Public Hearing.

Mayor Michael opened the Public Hearing for the formation of Community Facilities District No. 2022 -02 and future annexation.

Mayor Michael inquired if there are any registered voters within the proposed boundaries of Community Facilities District No. 2022-02.

City Clerk Services Director Troyan announced that the County of San Bernardino Registrar of Voters has certified that there are no registered voters within Community Facilities District No. 2022-02.

There were no public communications received.

City Clerk Services Director Troyan announced that no written protests were received.

Mayor Michael closed the Public Hearing.

MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tem Kennedy, to adopt Resolution Nos. 2022061, 2022062, Forming and Establishing Community Facilities District Nos. 2022 -01 and 2022 -02, Resolution Nos. 2022-065 and 2022 -066, Calling for a Special Election for Community Facilities District Nos. 2022-01 and 2022-02. Motion carried 4-0.

MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tem Kennedy, Authorizing Annexation of Territory in the Future into Community Facilities District Nos. 2022-01 and 2022-02. Motion carried 4-0.

City Clerk Services Director Troyan conducted the elect ion for Community Facilities District No. 2022 -01 and announced the results: 1 ballot was received with a total of 90 votes cast; all 90 votes are in support of the Propositions; therefore, Propositions A and B are approved.

City Clerk Services Director Troyan conducted the election for Community Facil ities District No. 2022 -02 and announced the results: 1 Ballot was received with a total of 90 votes cast; all 90 votes are in support of the propositions; therefore, Propositions A and B are approved.

MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to adopt Resolution Nos. 2022-067 and 2022-068, declaring the results of the Special Election for Community Facilities District Nos. 2022- 01 and 2022-02. Motion carried 4-0.

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MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to introduce First Reading of Ordinance No. 1005 and 1006, by title only and waive further readings.

Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance Nos. 1005 and 1006, by title only.

ORDINANCE NO. 1005

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING

SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN

SUCH COMMUNITY FACILITIES DISTRICT

ORDINANCE NO. 1006

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA

SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN

SUCH COMMUNITY FACILITIES DISTRICT

VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to introduce First Reading of Ordinance No. 1005 and 1006, by title only and waive further readings. Motion carried 4-0.

G2. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four fifths Vote, an Interim Urgency Ordinance Extending until June 30, 2022, an Interim Ordinance 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 En vironmental Impact Report and Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith. (URGENCY INTERIM ORDINANCE NO. 1004) (CITY)

City Manager Gillison introduced Mike Smith, Principal Planner, who gave the staff report.

Mayor Michael opened the Public Hearing.

There were no public communications.

Mayor Michael closed the Public Hearing.

MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to adopt Urgency Interim Ordinance No. 1004, by title only and waive further reading.

Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1004, by title only.

ORDINANCE NO.1004:

AN INTERIM URGENCY ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING THROUGH JUNE 30, 2022, AN EXISTING INTERIM URGENCY ZONING ORDINANCE ADOPTING AN INTERIM DEVELOPMENT

CODE AND INTERIM OFFICIAL CITY OF RANCHO CUCAMONGA ZONING MAP, DECLARING THE URGENCY

THEREOF, AND DETERMINING NO FURTHER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

REVIEW IS REQUIRED

VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to adopt Urgency Interim Ordinance No. 1004, by title only and waive further readings. Motion carried 4-0.

H. CITY MANAGERS STAFF REPORT(S)

None.

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I. COUNCIL BUSINESS

I1. Discussion of Options for the City Council District 1 Vacancy. (CITY)

City Manager Gillison gave the staff report for item I1.

MOTION: Moved by Mayor Pro Tem Kennedy , seconded by Council Member Scott, to move forward with no appointment to District 1 vacancy and fill vacancy through a Special Election on November 8, 2022 and direct the City Clerk to return with the appropriate resolution along with the other required resolutions for the November 8, 2022 election at the next City Council meeting. Motion carried 4-0.

I2. Review and Possible Action on City Council Appointments to Standing Subcommittees and Other Regional Agencies due to District 1 Vacancy, including the Community Services Subcommittee, Technology & Communications Subcommittee, Community Parks and Landscape Citizen’s Oversight Committee, and Omnitrans. (CITY)

City Manager Gillison gave the staff report for item I2.

City Council conducted review of appointments due to District 1 vacancy.

City Manager Gillison noted that we can have one City Council member on the standing Subcommittees :

Community Services Subcommittee, Technology & Communications Subcommittee and Community Parks and Landscape Citizen’s Oversight Committee.

MOTION: Moved by Council Member Hutchison, seconded by Mayor Michael , to app oint Mayor Pro Tem Kennedy as delegate and Council Member Scott as alternate to Omnitrans. Motion carried 4-0.

I3. COUNCIL ANNOUNCEMENTS

None.

I4. INTERAGENCY UPDATES

Mayor Michael reported on his attendance at a San Bernardino County Transportation Authority meeting, noting that Cal Transportation contributed 80 million dollars for I-10 express lanes and asked the federal government for the remainder of funds.

J. CITY ATTORNEY ITEMS

City Attorney Ghirelli reported on Closed Session item number D3 - Pending Litigation. City Council gave direction to the City Manager to settle litigation through the execution of a Purchase and Sale Agreement.

K. IDENTIFICATION OF ITEMS FOR NEXT MEETING

None.

L. ADJOURNMENT

The City Council adjourned in Memory of Former Retired California Fourth District Appellate Court Justice and Former Rancho Cucamonga City Council Member, Jeffrey King.

Mayor Michael adjourned the Council Meeting at 8:25 p.m.

Respectfully submitted,

__________________________________
Linda A. Troyan, MMC
City Clerk Services Director
Approved:

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June 15, 2022

CITY OF RANCHO CUCAMONGA

FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY,

PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES

The City Council of the City of Rancho Cucamonga held a closed session on Wednesday, June 15, 2022, in the Tri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m.

Present were Council Members: Ryan Hutchison, Kristine Scott , Mayor Pro Tem Lynne Kennedy and Mayor L.

Dennis Michael.

A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)

B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)

No public communications were made.

C. CITY MANAGER ANNOUNCEMENTS

None.

D. CONDUCT OF CLOSED SESSION

D1. CONFERENCE WITH LABOR NEGOTIATORS ROBERT NEIUBER, HUMAN RESOURCES

DIRECTOR AND JENIFER PHILLIPS, HUMAN RESOURCES DEPUTY DIRECTOR, PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONS WITH 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. BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY)

D3. CONFERENCE WITH REAL PROPERTY N EGOTIATORS 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)

D4. 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. SCG/DP ETIWANDA LLC, SBSC CASE NO.: CIVSB2201956. (CITY)

E. RECESS

The closed session recessed at 6:49 p.m.

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REGULAR MEETING – 7:00 p.m.

CALL TO ORDER – COUNCIL CHAMBERS

The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held on June 15, 2022, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m.

Present were Council Members: Ryan Hutchison, Kristine Scott , Mayor Pro Tem Lynne Kenned y and Mayor L.

Dennis Michael.

Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Linda Troyan, MMC, City Clerk Services Director.

Council Member Scott led the Pledge of Allegiance.

Mayor Michael announced that the appeal listed as item G3 on the agenda has been withdrawn by the appellant and the appeal hearing is no longer required. Mayor Michael noted that if anyone from the public wishes to speak about the project, they may do so during the general public comment period.

A. AMENDMENTS TO THE AGENDA

None, other than the removal of item G3 on the agenda.

B. ANNOUNCEMENTS/PRESENTATIONS

B1. Presentation of a Certificate of Sympathy in Memory of Sam Spagnolo, Rancho Cucamonga Community Pillar and Former City Council Member/Fire District Board Member.

Mayor Michael and Members of the City Council presented a Certificate of Sympathy in Memory of Sam Spagnolo, Rancho Cucamonga Community Pillar and longtime City Council Member/Fire District Board Member, to his family and expressed their deepest condolences.

Mayor Michael announced that the City Council meeting will adjourn in memory of Sam Spagnolo.

B2. Presentation of a Proclamation to LifeStream Blood Bank for their Efforts in Providing Lifesaving Blood Products and Services and Declaring June 19th as World Sickle Cell Day.

Mayor Michael and Members of the City Council presented a Proclamation to Micha el McDaniel, Director for Donor Recruitment from Life Stream Blood Bank for their efforts in providing Lifesaving Blood products and services and declaring June 19th as World Sickle Cell Day.

C. PUBLIC COMMUNICATIONS

Frank Atry, spoke on his time allotted under public communications and freedom of speech.

Ralph Lopez-Blanco, Teamsters Local 1932, spoke about having respect when addressing Council and expressed his condolences to the Spagnolo family.

Crystal Ketchup, asked the City Council to consider a program for trauma care for police officials and advocated for police pay increases and submitted a trauma care plan for consideration.

Kathi Pryor, spoke about Pickleball and player participation and thanked the city for painting the Pickleball courts and for their support.

Sonia Bruno, thanked the city for their support on having Pickleball courts.

Mark Monninger, thanked the city for their support on having Pickleball courts.

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Jim Kulbacki, spoke about a petition he submitted opposing removal of crosswalks on Hermosa Ave. and offered suggestions for pedestrian safety.

Robert Mann, expressed concerns on removal of crosswalks and public safety.

Janet Walton, offered a prayer.

D. CONSENT CALENDAR
Council Member Scott announced that she will need to abstain on item D3, due to a potential conflict of interest as her employer is Southern California Gas Company.

D1. Consideration of Meeting Minutes for the Regular Meetings of: May 4, 2022.

D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,910,649.84 and City and Fire District Weekly Check Registers (Excluding Checks Iss ued to Southern California Gas Company) in the Total Amount of $5,441,356.65 Dated May 24, 2022, Through June 05, 2022 and City and Fire District Electronic Debit Registers for the Month of May in the Total Amount of $1,467,440.43. (CITY/FIRE)

D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $20,740.83 Dated May 24, 2022 Through June 5, 2022. (CITY/FIRE)

D4. Consideration to Receive and File Curre nt Investment Schedules as of May 31, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)

D5. Consideration to Cancel the Regular Meetings of the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council on July 6, 2022. (CITY)

D6. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)

D7. Consideration to Terminate the Existing Local Emergency Due to the Novel Coronavirus (COVID19) Pandemic. (CITY)

D8. Consideration to Proceed with the Biennial Review of the Conflict of Interest Code for the City Council and Fire Protection District and Authorize the Filing of the 2022 Local Agency Biennial Notice. (CITY/FIRE)

D9. Consideration of Rancho Cucamonga Municipal Utility’s Wildfire Mitigation Plan 2022 Update. (CITY)

D10. Consideration to Approve and Award a Contract to Velocity Fire Equipment for the Purchase of One (1) Type 1 Engine in Fiscal Year 202122 and One (1) Typ e 1 Engine in Fiscal Year 2022 23 in the Amount of $985,971 Per Engine. (FIRE)

D11. Consideration of Amendment No. 01 to the Professional Services Agreement with NV5, Inc. (CO19110) for a Two Year Renewal for Electrical Engineering Design and Support. (CITY)

D12. Consideration of Amendment No. 02 to the Professional Services Agreement with Yunex, LLC (CO19111) for a TwoYear Renewal for Streetlight Knockdown Services. (CITY)

D13. Consideration of Amendment No. 02 to the Professional Services Agree ment with Yunex, LLC (CO19112) for a Two Year Renewal for Annual Streetlight Maintenance Services. (CITY)

D14. Consideration of Amendment No. 2 to Contract CO 2020030 with Mariposa Landscapes, Inc. for LMD 4R Parkway Paseo and Median Island Landscape a nd Irrigation Maintenance in an Amount Not to Exceed $433,158. (CITY)

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D15. Consideration of Approval of Amendment No. 2 to Contract 18089 With Bureau Veritas North America, Inc. and Amendment No 2 to Contract 18088 With Interwest Consulting Group for P lan Checks and Inspection Services and to Extend the Expiration Date for an Additional 12 Month Period in an Amount Not to Exceed $75,500.00 Each. (CITY)

D16. Consideration of Amendment No. 4 to Contract CO 18030 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance of LMDs 6, 7, 8, 9, and 10 Parkways, Paseos, and Medians in an Amount Not to Exceed $985,350. (CITY)

D17. Consideration of Amen dment No. 5 to Contract CO 17140 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance on the Haven Avenue and Foothill Boulevard Medians, in an Amount Not to Exceed $259,070. (CITY)

D18. Consideration of Amendment No. 5 to Contract CO 16262 with BrightView Landscape Services for Landscape, Irrigation, and Parks Maintenance for PD85 Parks in an Amount Not to Exceed $273,450. (CITY)

D19. Consideration of Amendment No. 5 to the Professional Services Agreement with Absolute Security International (CO 18102) for Security Guard Services in an Amount Not to Exceed $441,010 for City facilities and $5,000 for Fire District facilities. (CITY/FIRE)

D20. Consideration of Amendment No. 6 to Contract CO 16148 with BrightView Landscape Service s for Landscape, Irrigation, and Parks Maintenance for Landscape Maintenance District 1 Parks in an Amount Not to Exceed $322,470. (CITY)

D21. Consideration of Amendment No. 6 to Contract CO 17142 with Mariposa Landscapes, Inc. for Landscape and Irrigation Maintenance for General Fund and LMD 3B Parkways and Medians, in an Amount Not to Exceed $683,737. (CITY)

D22. Consideration of Amendment No. 06 to the Agreement with Pacific Utility Installation, Inc. (CO19085), Amendment No. 02 to the Agreement wi th International Line Builders, Inc. (CO19 086) and Amendment No. 02 to the Agreement with Henkels & McCoy, Inc. (CO19148) for a Two Year Renewal for High Voltage Electrical Support and Related Infrastructure. (CITY)

D23. Consideration of Amendment No. 7 to Contract CO 17143 with Mariposa Landscapes, Inc. for Park Mowing and Facility Landscape Maintenance in an Amount Not to Exceed $765,010 [$693,510 (City) and $71,500 (Fire)]. (FIRE/CITY)

D24. Consideration of Amendment No. 10 to the Contract with Yunex LLC (Formerly Siemens Mobility, Inc.) (CO# 15103) for Citywide Traffic Signal and Safety Lighting Maintenance Services in the Amount of $1,010,658. (CITY)

D25. Consideration of Amendment No. 12 to Contract CO 2012009 with BrightView L andscape Services for Maintenance of Parkway, Paseo, and Median Landscapes within Landscape Maintenance Districts 1 and 5 in an Amount Not to Exceed $238,230. (CITY)

D26. Consideration of the Purchase of One (1) SelfContained Breathing Apparatus Compres sor and Fill Station from Compressed Air Specialties, Inc. as a Single Source Vendor in the Amount of $102,225. (FIRE)

D27. Consideration of an Agreement with Southern California Edison for Possession and Use of Real Property Rights Located at 8949 and 9333 Etiwanda Avenue (APNs 022929122 and 23) Necessary for the Etiwanda Grade Separation Project. (CITY)

D28. Consideration to Adopt a Resolution Approving the Rancho Cucamonga Fire Protection District Salary Schedules for the Fiscal Year 202223. (RESOLUTION NO. FD 2022015) (FIRE)

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D29. Consideration to Adopt a Resolution, Approving the Salary Schedule for the Fiscal Year 2022 23 for Job Classifications Employed by the City, Including a Parttime Employee Benefits Summary. (RESOLUTION NO. 2022074) (CITY)

D30. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and the Rancho Cucamonga City Employees Association, Including Amending the Salary Schedule for the Fiscal Year 2022 23 and Modifying Paying and Reporting the Value of EmployerPaid Member Contributions to CalPERS. (RESOLUTION NO. 2022091) (CITY)

D31. Consideration of a Resolution Confirming Unpaid Weed and Fire Hazard Abatement Fees and Authorizing a Special Assessm ent on Affected Parcels on the Next Tax Roll. (RESOLUTION NO. 2022089) (CITY/FIRE)

D32. Consideration to Adopt a Resolution Allocating Road Maintenance and Rehabilitation Account (RMRA) Program Funds for Fiscal Year 2022/23. (RESOLUTION NO. 2022090) (C ITY)

D33. Consideration to Adopt a Resolution Calling and Giving Notice of November 8, 2022, General Municipal Election and Requesting its Consolidation with the General Statewide Election, a Resolution Declaring the City Council’s Decision to Fill the V acancy in City Council District 1 by Special Election and Calling and Giving Notice of Such Special Municipal Election on November 8, 2022, and Requesting its Consolidation with the General Statewide Election and Regular Municipal Election, and a Resolutio n Adopting Regulations Pertaining to Candidate Statements. (RESOLUTION NOS. 2022071, 2022072 AND 2022073) (CITY)

D34. Consideration of Approval of Resolutions for the Landscape Maintenance Districts, Street Lighting Maintenance Districts, and Park and Recreation Improvement District as follows: (1) Resolutions Ordering the Preparation of the Annual Engineer's Reports; (2) Resolutions Approving the Preliminary Annual Engineer's Reports; (3) Resolutions of Intention to Levy Annual Assessments and Sets th e Time and Place for a Public Hearing for Each. (RESOLUTION NOS. 2022079, 2022080, 2022081, 2022082, 2022083, 2022084, 2022085, 2022086 AND 2022087) (CITY)

MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tem Kennedy, to approve Consent Calendar Items D1 through D 34, with Council Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Motion carried, 4-0.

E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION

E1. Consideration of Second Reading and Adoption of the Following:

ORDINANCE NO. 1005

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 202201 (STREET

LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE LEVY OF A

SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT
ORDINANCE NO. 1006

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 202202 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE LEVY

OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT

MOTION: Moved by Council Member Scott, seconded by Council Member Hutchiso n, to waive full reading and adopt Ordinance s No. 1005 and 1006 by title only.

Linda Troyan, MMC, City Clerk Services Director , read the titles of Ordinance No s. 1005 and 1006 by title only.

VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to waive full reading and adopt Ordinance No s. 1005 and 1006 by title only. Motion carried, 4-

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F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration to Receive and File a Summary of R eview of Results of Annual Independent Audit Concerning the Fiscal Year 2020/21 Expenditures in Landscape Maintenance Districts #1 General City, #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda, Street Lighting District #2 Residential, and Park and Recreation Improvement District #85. (CITY)

City Manager Gillison introduced Denise Garzaro, Chair of the Community Parks and Landscape Citizens’ Oversight Committee, who gave the staff report.

Mayor Michael opened the Administrative Hearing.

There were no public communications.

Mayor Michael closed the Administrative Hearing.

Council thanked the Community Parks and Landscape Citizens Oversight Committee for their efforts.

The report was received and filed.

F2. Consideration to Receive and File an Update for Estacia Street, et al. Residential Permit Parking District and Consider a Resolution Amending the Estacia Street, et al. Residential Permit Parking District to extend the Duration of the Parking District by O ne Year and Add Stafford Street and Malvern Avenue East of Hermosa Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTION NO. 2022077) (CITY)

City Manager Gillison introduced the item and Jason Welday , Director of Engineering Services/City Engineer , who gave a staff report.

Mayor Michael opened the Administrative Hearing.

Angelica Ortiz, spoke on parking issues and nuisances caused by nonresidents.

Kevin Vanlear, spoke in support of the Resolution and thanked staff for their assistance.

Gabriel Gutierrez, spoke in support of the Resolution.

Mayor Michael closed the Administrative Hearing.

Discussion ensued on managing the parking issues and in support of the parking district.

MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to adopt Resolution No. 2022-077, to amend the Estancia Street, et al. Residential Permit Parking District to add Stafford Street and Malvern Avenue east of Hermosa Avenue ; waive fees for the first issuance of permits for the proposed amendments to the residential permit parking district and extend the parking restrictions for the entirety of the Estancia Street,et al. residential permit parking district for one year. Motion carried 4-0.

G. ADVERTISED PUBLIC HEARING ITEM(S) – CITY/FIRE DISTRICT

G1. Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 222) Located at 8629 Pecan Avenue into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. (RESOLUTION NO. FD 2022014) (FIRE)

City Manager Gillison introduced Darci Vogel, Fire Business Manager, who gave the staff report.

Mayor Michael opened the Public Hearing.

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There were no public communications.

Mayor Michael closed the Public Hearing.

MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Hutchison, to adopt Resolution No.

FD 2022 -014, Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 222) Located at 8629 Pecan Avenue into an Existing Community Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. Motion carried 4-0.

G2. Public Hearing to Consider a Resolution Amending Electric Rates, Pursuant to the Requirements and Authority of Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code. (RESOLUTION NO. 2022076) (CITY)

City Manager Gillison introduced Jason Welday, Director of Engineering Services/City Engineer, who gave the staff report.

Mayor Michael opened the Public Hearing.

There were no public communications.

Mayor Michael closed the Public Hearing.

MOTION: Moved by Mayor Pro Tem Kennedy , seconded by Council Member Scott, to adopt Resolution No. 2022-076, amending electric rates, pursuant to the requirements and authority of Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code, including attachment 1 to staff report as an addendum to Resolution. Motion carried 4-0.

G3. Public Hearing for Consideration of an Appeal of the Planning Commission's Decision to Approve Design Review DRC202100120 and Tentative Tract Map 20120 – WDCC Milliken West Residential, LLC, Applicant. The Project is a Site Plan/Architectural Review and Lot Subdivision Related to a MixedUse Development Comprising of 671 Apartments and 20,841 SquareFeet of Commercial Space within the Corridor 2 (CO2) Zone on the Northwest Corner of Milliken Avenue and Foothill Boulevard, APNs:
107742251, 55, 98, 99, 109012138, and 39. A CEQA Section 15183(c) Compliance Memorandum was Prepared for this Project. (RESOLUTION NO. 2022075) (CITY)

Item G3 was removed from the agenda.

G4. Public Hearing to Consider and Conduct First Reading of Ordinance No. 1007 to be Read by Title Only and Waive Further Reading, for Specific Plan Amendment DRC202000164 to Amend The Resort Specific Plan by Separating the Document into Two Sections to Regu late the North Planning Area and the South Planning Area of The Resort, Modifying the Circulation Network for the North Planning Area of The Resort, Relocation/Shifting of Land Uses, and Miscellaneous Text Edits to Address References, Graphics, or Exhibits that are No Longer Applicable. A CEQA Compliance Memorandum has been Prepared for this Project. APN: 020927220 and All APNs Included in Parcel Map PM14647 and Tract Map TR20240. (ORDINANCE NO. 1007) (CITY)

City Manager Gillison introduced David Eoff, Senior Planner, who gave the staff report.

Mayor Michael opened the Public Hearing.

There were no public communications.

Mayor Michael closed the Public Hearing.

MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tem Kennedy , to Introduce First Reading of Ordinance No. 1007, by title only and waive further reading.

Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1007 by title only.

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ORDINANCE NO. 1007

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT DRC2020 -00164 FOR THE RESORT SPECIFIC PLAN CONSISTING OF MODIFICATIONS TO THE CIRCULATION NETWORK FOR PLANNING AREA 1B, INCLUSION OF NEW STREET TYPES FOR PLANNING AREA 1B, RELOCATION OF LAND USES WITHIN PLANNING AREA 1B, REFORMATING THE SPECIFIC PLAN DOCUMENT INTO TWO SECTIONS REGULATING PLANNING AREA 1A AND PLANNING AREA 1B RESPECTIVELY, AND MISCELLANEOUS

TEXT EDITS FOR TH E DELETION OF INAPPLICABLE REFERENCES, DELETION OF INAPPLICABLE EXHIBITS, AND INCLUSION OF NEW EXHIBITS REFLECTIVE OF THE AMENDMENTS LISTED ABOVE; AND MAKING FINDINGS IN SUPPORT THEREOF – APNS: 0209-272-20; AND ALL APNS INCLUDED IN PARCEL MAP PM14647, TRACT MAP TR20240

VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tem Kennedy, to Introduce First Reading of Ordinance No. 1007, by title only and waive further readings. Motion carried 4-0.

H. CITY MANAGERS STAFF REPORT(S)

H1. Quarterly Community Development Update. (VERBAL REPORT) (CITY)

City Manager Gillison introduced Matt Burris, Deputy City Manager and Michael Frasure, Building and Safety Services Director, who gave a staff report and provided a quarterly update on Community Development projects.

The report was received and filed.

H2. Consideration of a Resolution Adopting the State Water Board Emergency Water Conservation Regulations and Accepting a Cease on Irrigating Certain Nonfunctional Turf in LMDs 2, 4R, 6, & 7 and City Owned Facilities and Approve the Single Source Procurement of HydroPoint WeatherTrak Smart Irrigation Controllers from SiteOne Landscape Supply. (RESOLUTION NO. 2022078) (CITY)

City Manager Gillison introduced Bill Wittkopf, Director of Public Works and Albert Espinoza, Deputy Director of Public Works, who gave the staff report.

Discussion ensued on public outreach and communication and compliance with regulations.

MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to adopt Resolution No. 2022-078, adopting the State Water Board Emergency Water Conservation Regulations and Accepting a Cease on Irrigating Certain Nonfunctional Turf in LMDs 2, 4R, 6, & 7 and City Owned Facilities and Approve the Single Source Procurement of Hydro Point Weather Trak Smart Irrigation Controllers from Site-One Landscape Supply.

Motion carried 4-0.

I. COUNCIL BUSINESS

I1. Designation of Voting Delegate and Alternates for the League of California Cities (Cal Cities) Annual Business Meeting and Consideration to Reschedule the Regular Meetings of the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council from September 7, 2022 to September 6, 2022. (CITY)

City Manager Gillison introduced the item and gave a staff report.

MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to appoint Mayor Pro Tem Kennedy as delegate and Council Member Scott as alternate for the League of California Cities (Cal Cities) Annual Business Meeting and to Reschedule the Regular Meetings of September 7, 2022 to September 6, 2022.

Motion carried 4-0.

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I2. COUNCIL ANNOUNCEMENTS

None.

I3. INTERAGENCY UPDATES

Mayor Pro Tem Kennedy reported her participation at the Transportation, Communications, Public Works Policy Committee meeting on Senate Bill 717 (Dodd), transportation monies for California projects and Cal Recycle Tire program.

J. CITY ATTORNEY ITEMS

None.

K. IDENTIFICATION OF ITEMS FOR NEXT MEETING

Mayor Michael announced that the meeting scheduled for July 6, 2022 has been cancelled and the next regular City Council meeting will take place on July 20, 2022.

L. ADJOURNMENT

The City Council adjourned in Memory of Sam Spagnolo, Rancho Cucamonga Community Pillar and longtime City Council Member/Fire District Board Member.

Mayor Michael adjourned the Council Meeting at 9:11 p.m.

Respectfully submitted,

__________________________________
Linda A. Troyan, MMC
City Clerk Services Director

Approved:

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July 20, 2022

CITY OF RANCHO CUCAMONGA

FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY,

PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES

The City Council of the City of Rancho Cucamonga held a closed session on Wednesday, July 20, 2022, in the Tri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 4:30 p.m.

Present were Council Members: Ryan Hutchison, Kristine Scott , Mayor Pro Tem Lynne Kennedy and Mayor L.

Dennis Michael.

Also present were: John Gillison, City Manager; Serita R. Young, Assistant City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services and Matt Burris, Deputy City Manager/Economic and Community Development.

A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)

B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)

No public communications were made.

C. CITY MANAGER ANNOUNCEMENTS

None.

D. CONDUCT OF CLOSED SESSION

D1. CONFERENCE WITH LABOR NEGOTIATORS ROBERT NEIUBER, HUMAN RESOURCES

DIRECTOR AND JENIFER PHILLIPS, HUMAN RESOURCES DEPUTY DIRECTOR, PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONS WITH TEAMSTERS LOCAL 1932. – (CITY)

D2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; SAN BERNARDINO SUPERIOR COURT CASE NO. CIVRS 1603632. (CITY)

D3. 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)

D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON, JENNIFER HUNTGRACIA AND WILLIAM WITTKOPF, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICE AND TERMS OF PAYMENT – (CITY)

D5. 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, REPRE SENTING 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)

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D6. CONFERENCE WITH REAL PROPERTY NEGOTIATOR S PER GOVERNMENT CODE SECTION 54956.8 FOR THE SALE OF PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF HAVEN AVENUE AND CIVIC CENTER DRIVE IDENTIFIED AS PARCEL NUMBER 020833140; AND 020833147; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND M ATT BURRIS, DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND

CHRIS HYUN, JRC REAL ESTATE INVESTMENT CORP REGARDING PRICE AND TERMS OF PAYMENT. (CITY)

D7. 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)

D8. CONFERENCE WITH REAL PROPERT Y 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)

D9. CONFERENCE WITH LEG AL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. TOWER OF POWER CORPORATION, SBSC CASE NO.: CIVSB2110388. (CITY)

D10. 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. CHAO PING YANG, ET AL., SBSC CASE NO.: CIVSB2201957. (CITY)

E. RECESS

The closed session recessed at 6:50 p.m.

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REGULAR MEETING – 7:00 p.m.

CALL TO ORDER – COUNCIL CHAMBERS

The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held on July 20, 2022, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m.

Present were Council Members: Ryan Hutchison, Kristine Scott , Mayor Pro Tem Lynne Kenned y and Mayor L.

Dennis Michael.

Also present were: John Gillison, City Manager; Serita R. Young, Assistant City Attorney; and Linda Troyan, MMC, City Clerk Services Director.

Mayor Pro Tem Kennedy led the Pledge of Allegiance.

A. AMENDMENTS TO THE AGENDA

City Clerk Services Director Troyan announced that item D24 on the Consent Calendar is being moved and will be held under the Administrative Hearings section of the agenda as item F1.

B. ANNOUNCEMENTS/PRESENTATIONS

B1. Presentation of Certificates of Recognition to Instructors of the First LISTOS Class Hosted by the Rancho Cucamonga Fire Protection District.

Mike McCliman, Fire Chief, introduced community partners and thanked them for their collaborative efforts in the first LISTOS class that provided disaster preparedness training in Spanish. Beth Zuppardi, Emergency Management Specialist provided a summary and video of the first LISTOS class hosted by the Rancho Cucamonga Fire Protection District. Mayor Michael and Members of the City Council recognized instructors of the first LISTOS class.

B2. Presentation of a Proclamation Proclaiming the Month of July 2022, as National Park & Recreation Month.

Mayor Michael and Members of the City Council presented a proclamation to Community Services Department Management Analyst III , Chandra Thomas , proclaiming the Month of July 2022, as National Park & Recreation Month.

B3. Presentation of the 10th Consecutive Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA).

Tamara Oatman, Finance Director and Daniel Hernandez, Budget Analyst provided an overview of the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA) and shared a video from the Government Finance Officers Association presenting the Distinguished Budget Presentation Award to the City of Rancho Cucamonga.

B4. Presentation of Rancho Cucamonga’s Ranking 2022’s Best & Worst Places to Raise a Family.

Community Affairs Coordinator s Allison Town and Tenika Hill provided a PowerPoint presentation of Rancho Cucamonga’s Ranking 2022’s Best & Worst Places to Raise a Family. The City of Rancho Cucamonga was ranked by Wallet Hub as No. 01 in the Inland Empire and No. 05 in Southern Cali fornia as the best place to raise a family based on an analysis of five(5) categories: Family Fun, Health & Safety, Education & Child Care, Affordability and Socio-economics.

Mayor Michael introduced Police Chief Perez who provided an update on a recent shooting incident that occurred on July 16th, 2022 and provided an update on Deputy Mason.

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C. PUBLIC COMMUNICATIONS

Jim Kulbacki, submitted a petition titled Hermosa Blvd. Crosswalk District One Petition. He addressed traffic/pedestrian safety concerns and spoke in opposition of the removal of a crosswalk located on Mignonette St. and Hermosa Blvd.

Janet Walton, read quotes, thanked the Rancho Cucamonga Police Department for keeping the community safe and offered a prayer.

Marcopolo Anzora, introduced himself as the new field representative for Congressman Pete Aguilar’s office , 31st Congressional District of California.

Max Cherubin, spoke on parking issu es with new developments , road conditions and asked the City Council to consider hiring additional traffic officers to patrol between peak hours.

D. CONSENT CALENDAR

D1. Consideration of Meeting Minutes for the Regular and Special Meetings of: May 18, 2022, June 2, 2022, and June 16, 2022.

D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $3,999,236.38 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $8,813,974.62 Dated June 06, 2022, Through July 10, 2022 and City and Fire District Electronic Debit Registe rs for the Month of June in the Total Amount of $7,818,051.85. (CITY/FIRE)

D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $27,910.10 Dated June 06, 20 22, Through July 10, 2022. (CITY/FIRE)

D4. Consideration to Receive and File Current Investment Schedules as of June 30, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)

D5. Consideration of Amendment No. 001 to the Professional Services Agreement with Mary McGrath Architects for Conceptual Design Services for the Fire Station 175 Project in the Amount of $58,290 and Authorization to Appropriate $58,290. (FIRE)

D6. Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No. 851, Annexation No. 222, Located at 8629 Pecan Avenue (APN 022915127). (RESOLUTION NO.

FD 2022022) (FIRE)

D7. AB 361 Findings for Special Brown Act Requirements for Teleconference. ( CITY/FIRE)

D8. Consideration To Reject Bids For The "Citywide Concrete Repairs FY 2021/2022 Project" As NonResponsive To The Needs Of The City. (CITY)

D9. Consideration of an Appropriation in the Amount of $40,580.00 and Approval to Purchase Equipmen t in the Amount of $40,580.00 from Fiscal Years 2017 and 2018 Edward Byrne Memorial Justice Assistance Grant for the Rancho Cucamonga Police Department. (CITY)

D10. Consideration of Amendment No. 3 to the Professional Services Agreement with Interwest Consulting Group for Plan Checks and Inspection Services in the Amount of $10,000. (CITY)

D11. Consideration of Amendment No. 4 to Contract CO 19187 with West Coast Arborists, Inc. for Citywide Tree Maintenance Services in an Amount Not to Exceed $1,377,000. (CITY)

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D12. Consideration of Amendment No. 05 to the Professional Services Agreement with Magellan Advisors, LLC (CO18103) for Fiber Optic Project Management and Design Services for Fiscal Year 2022/23. (CITY)

D13. Consideration of a MultiYear Agreement with DocuPet Corp. for Pet Licensing Services Not to Exceed $112,500. (CITY)

D14. Consideration of a Professional Services Agreement with Mariposa Landscapes, Inc. for LMD 2 Parkway, Paseo, and Median Island Landscape and Irrigation Maintenance i n an Amount Not to Exceed $1,443,188. (CITY)

D15. Consideration of a Professional Services Agreement with Fehr & Peers for the Completion of the Healthy RC Active Transportation Infrastructure Assessment and Improvement Plan in the Amount of $374,966 plus a 5% Contingency, and Authorization of Appropriations from the State Grant (Fund 274) and Citywide Capital Infrastructure (Fund 198) Funds. (CITY)

D16. Consideration of Approval of an Improvement Agreement for Design Review DRC201600295, for the Construction of a 108Room Hotel Located on the South Side of Foothill Avenue Approximately 420 Feet West of Masi Drive. (CITY)

D17. Consideration of Contracts with Torti Gallas + Associates, Arthur Gensler and Associates, PlaceWorks and Sargent Town Planning for OnCall Urban Design Consulting Services. (CITY)

D18. Consideration to Authorize the City Manager to Execute an Agreement with San Bernardino County for the Rehabilitation of the Rancho Cucamonga Family Resource Center. (CITY)

D19. Consideration to Accept the LMD4R Terra Vista – Water Conservation / Landscape Renovation FY 2021 Project as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)

D20. Consideration to Accept as Complete, File a Not ice of Completion, and Authorize Release of Retention, and Bonds for the Fiscal Year 20/21 Traffic Signal Modification Project (Contract No. 2021010). (CITY)

D21. Consideration of a Resolution by the City Council, as the Code Reviewing Body Pursuant to the California Political Reform Act, Approving the Conflict of Interest Code for the Rancho Cucamonga EIFD Public Financing Authority. (RESOLUTION NO. 2022093)(CITY)

D22. Consideration of Resolutions Approving the Special Tax Levy for Various Community Facilities Districts and the Special Annual Benefit Assessment for Drainage Area No. 912 for the Fiscal Year 2022/23. (RESOLUTION NOS. 2022094 through 2022109)(CITY)

D23. Consideration to Adopt Resolution Approving a Memorandum of Understanding Between the City of Rancho Cucamonga and Teamsters Local 1932, Including Amending the Salary Schedule for the Fiscal Year 202223, and a Resolution Modifying Paying and Re porting the Value of EmployerPaid Member Contributions to CalPERS. (RESOLUTION NO. 2022110) and (RESOLUTION NO. 2022111), Respectively. (CITY)

D24. Consideration of Resolution of Necessity of the City Council of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Southern California Edison Company, 9333 Etiwanda Avenue in Unincorporated San Bernardino County, San Bernardino County Tax Assessor’s Parcel Number 022929123). (RESOLUTION NO. 2022112)(CITY)

Additional material was received from staff and distributed to the City Council for Consent Calendar Item D19.

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MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Hutchison, to approve Consent Calendar Items D1 through D 23, with Council Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Motion carried, 4-0.

E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION

E1. Consideration of Second Reading and Adoption of the Following:

ORDINANCE NO. 1007

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT DRC202000164 FOR THE RESORT SPECIFIC PLAN CONSISTING OF MODIFICATIONS TO THE CIRCULATION NETWORK FOR PLANNING AREA 1B, INCLUSION OF NEW STREET TY PES FOR PLANNING AREA 1B, RELOCATION OF LAND USES WITHIN PLANNING AREA 1B, REFORMATING THE SPECIFIC PLAN DOCUMENT INTO TWO SECTIONS REGULATING PLANNING AREA 1A AND PLANNING AREA 1B RESPECTIVELY, AND

MISCELLANEOUS TEXT EDITS FOR THE DELETION OF INAPPLICABLE REFERENCES, DELETION

OF INAPPLICABLE EXHIBITS, AND INCLUSION OF NEW EXHIBITS REFLECTIVE OF THE AMENDMENTS LISTED ABOVE; AND MAKING FINDINGS IN SUPPORT THEREOF

MOTION: Moved by Council Member Scott, seconded by Mayor Pro Tem Kennedy, to waive full reading and adopt Ordinance No. 1007 by title only.

Linda Troyan , MMC, City Clerk Services Director , read the title of Ordinance No. 1007 by title only.

VOTES NOW CAST ON MOTION: Moved by Council Member Scott seconded by Mayor Pro Tem Kennedy, to waive full reading and adopt Ordinance No. 1007 by title only. Motion carried, 4-0.

F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of Resolution of Necessity of the City Council of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Southern California Edison Company, 9333 Etiwanda Avenue in Unincorporated San Bernardino County, San Bernardino County Tax Assessor’s Parcel Number 022929123). (RESOLUTION NO. 2022112)(CITY)

City Manager Gillison introduced Ian Tai, Associate Engineer and Gina Danner, Assistant City Attorney, who provided a PowerPoint presentation with an overview of the project. Associate Engineer Tai showcased renderings of the proposed project and the improvements the project would provide to the community.

Mayor Michael opened the Administrative Hearing.

There were no public communications.

Mayor Michael closed the Administrative Hearing.

Mayor Michael noted that the City has been in negotiations for some time and asked the Assistant City Attorney to clarify that this does not preclude further negotiations with parties involved in the project and simply moves the process forward to meet project deadlines.

Assistant City Attorney Danner agreed and noted that the City is in active negotiations with Southern California Edison and hopes to bring back a settlement proposal at a future City Council Meeting.

MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Hutchison, to adopt Resolution No. 2022-112, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in connection with the Etiwanda Grade Separation Project (Southern California Edison Company, 9333 Etiwanda Avenue in unincorporated San Bernardino County, San Bernardino County Tax Assessor’s Parcel Number 022929123). Motion carried 4-0.

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G. ADVERTISED PUBLIC HEARING ITEM(S) – CITY/FIRE DISTRICT

G1. PUBLIC HEARING FOR CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE DESIGN REVIEW DRC202000440 – WOOD PARTNERS, APPLICANT. The project is a site plan/architectural review for a mixeduse development comprising of 259 residential units, 2 commercial units totaling 2,253 squarefeet, and 1 live/work unit with 816 square feet of nonresidential space within the MixedUse Urban Corridor (MUUCR) District, located at the southeast corner of Foothill Boulevard and Etiwanda Avenue. APNs: 022931114 and 15. A Mitigated Negative Declaration of environmental impacts has been prepared for consideration. (RESOLUTION 2022113)(CITY)

City Manager Gillison introduced Vincent Acuna, Associate Planner , who provided a PowerPoint presentation and overview of item G1. He provided renderings of the project and a project summary noting that t he project meets density range envisioned in the General Plan, project design creates the feel of an urban, walkable environment as envisioned for the Foothill corridor and that the project meets City Council goals.

Mayor Michael opened the Public Hearing.

Appellant, Adam Frankel, Attorney representing Lozeau Drury, LLP on behalf of the Supporters Alliance for Environmental Responsibility (SAFER), expressed concerns regarding the Mitigated Negative Declaration (MND) being inadequate in analyzing the project impacts related to air quality/ health risks, wildlife and noise. He asked that the City Council find that the MND is insufficient under CEQA and that an Environmental Impact Report (EIR) is therefore required.

Heather Riley, applicant, attorney representing Wood Partners , stated that the Mitigated Negative Declaration (MND) is correct, complete and was recirculated in an abundance of caution to ensure that there were no potential air quality issues. She endorsed denial of the appeal and upholding the Planning Commission decision to approve Design Review DRC2020 -00440. She added that the project also has adequate parking and complies with the City’s Development Code.

Maury Vargas, asked if surrounding single family home nei ghborhoods adjacent to the proposed project would be affected by overflow parking issues and traffic congestion.

Max Cherubin, spoke in favor of the project but asked that parking concern issues be addressed by developers.

Heather Riley, applicant, attorney representing Wood Partners , responded to parking concerns and stated that the project includes satisfactory parking to accommodate all residential units and commercial space on site.

Joe Gambill, applicant, Managing Director, representing Wood Partners , responded to parking concerns and added that parking provided for the project is fully compliant with the City’s Development Code.

Mayor Michael closed the Public Hearing.

MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to adopt Resolution No. 2022-113, denying the appeal and upholding the planning commission’s approval of design review DRC2020 - 00440 for a site plan/architectural review for a mixed -use development comprising of 259 residential units, 2 commercial units totaling 2,253 square -feet, and 1 live/work unit with 816 square feet of non -residential space within the mixed-use urban corridor (MU-UCR) district on the southeast corner of foothill boulevard and Etiwanda avenue; and making findings in support thereof – APNs: 0229-311-14 and -15. Motion carried 4-0.

G2. Public Hearing to Consider a Resolution Adopting the Fire District's General Fund Final Budget for Fiscal Year 202223. (RESOLUTION FD 2022023)(FIRE)

City Manager Gillison introduced the item and provided a verbal report on the Fire District's General Fund Final Budget for Fiscal Year 202223.

Mayor Michael opened the Public Hearing.

There were no public communications.

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Mayor Michael closed the Public Hearing.

MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, adopt Resolution No. FD 2022-023, adopting a final budget for the Fiscal Year July 1, 2022 through June 30, 2023. Motion carried 4-0.

G3. Public Hearing to Consider Resolutions Confirming the Diagrams and Assessments and Ordering the Levy and Collection of Annual Assessments for Landscape Maintenance Districts; Street Lighting Maintenance Districts; and Park and Recreation Improvement District No. PD85 for Fiscal Year 2022/23. (RESOLUTION NOS. 2022114, 2022115, 2022116)(CITY)

City Manager Gillison introduced Noah Daniels, Finance Director, who provided a verbal report outlining the formal process of confirming the diagrams and assessments and ordering the levy and collection of annual assessments for Landscape Maintenance Districts; Street Lighting Maintenance Districts; and Park and Recreation Improvement District No. PD85 for Fiscal Year 2022/23.

Mayor Michael opened the Public Hearing.

There were no public communications.

Mayor Michael closed the Public Hearing.

MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to adopt Resolution No’s. 2022-114, 2022-115, 2022-116, Confirming the Diagrams and Assessments and Ordering the Levy and Collection of Annual Assessments for Landscape Maintenance Districts; Street Lighting Maintenance Districts; and Park and Recreation Improvement District No. PD-85 for Fiscal Year 2022/23. Motion carried 4-0.

H. CITY MANAGERS STAFF REPORT(S)

None.

I. COUNCIL BUSINESS

I1. COUNCIL ANNOUNCEMENTS

Mayor Michael and Members of the City Council expressed their support for the Rancho Cucamonga Police Department and wished Deputy Mason a full and speedy recovery.

I2. INTERAGENCY UPDATES

None.

J. CITY ATTORNEY ITEMS

None.

K. IDENTIFICATION OF ITEMS FOR NEXT MEETING

None.

L. ADJOURNMENT

Mayor Michael adjourned the Council Meeting at 8:40 p.m.

Respectfully submitted,

__________________________________
Linda A. Troyan, MMC
City Clerk Services Director

Approved:

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August 3, 2022 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 1 of 3

August 3, 2022

CITY OF RANCHO CUCAMONGA

FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY,

PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES

The City Council of the City of Rancho Cucamonga held a closed session on Wednesday, August 3, 2022, in the Tri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m.

Present were Council Members: Ryan Hutchison, Kristine Scott , Mayor Pro Tem Lynne Kennedy and Mayor L.

Dennis Michael.

Also present were: John Gillison, City Manager; Nicholas Ghirelli , City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Assistant City Manager/Acting Deputy City Manager/Cultural & Civic Services and Matt Burris, Deputy City Manager/Economic and Community Development.

A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)

B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)

No public communications were made.

C. CITY MANAGER ANNOUNCEMENTS

None.

D. CONDUCT OF CLOSED SESSION

D1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; SAN BERNARDINO SUPERIOR COURT CASE NO. CIVRS 1603632. (CITY)

D2. 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)

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. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: PENDING. (CITY)

D4. 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)

D5. 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. TOWER OF POWER CORPORATION, SBSC CASE NO.: CIVSB2110388. (CITY)

D6. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIO N PURSUANT TO PARAGRAPH (4) OF SUBDIVSION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE (CITY)

E. RECESS

The closed session recessed at 6:42 p.m.

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REGULAR MEETING – 7:00 p.m.

CALL TO ORDER – COUNCIL CHAMBERS

The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held on August 3, 2022, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m.

Present were Council Members: Ryan Hutchison, Kristine Scott , Mayor Pro Tem Lynne Kenned y and Mayor L.

Dennis Michael.

Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Linda Troyan, MMC, City Clerk Services Director.

Council Member Hutchison led the Pledge of Allegiance.

A. AMENDMENTS TO THE AGENDA

None.

B. ANNOUNCEMENTS/PRESENTATIONS

B1. Presentation of Certificates of Appreciation to Rancho Cucamonga Police Department Deputies: Casey Allen, Gerard Ciani, Esmeralda Contreras, Mireya Gonzales, and Trenton Robinson for Recently Being Recognized with the Sheriff’s Medal of Valor.

Mayor Michael and Members of the City Council presented Certificates of Appreciation to Rancho Cucamonga Police Department Deputies: Casey Allen, Gerard Ciani, Esmeralda Contreras, Mireya Gonzales and Trenton Robinson for being recognized with the Sherriff’s Medal of Valor.

B2. Presentation of a Proclamation Designating the City of Rancho Cucamonga as a Purple Heart City.

Mayor Michael and Members of the City Council presented a Proclamation to Raymond Wetzel, Adjutant Military Order of the Purple Heart Chapter 2929, designating the City of Rancho Cucamonga as a Purple Heart City.

B3. Presentation of the 2022 Jr. Firefighter Camp Hosted by the Rancho Cucamonga Fire Protection District.

Nicole Dalton, Community Affairs Senior Coordinator, Fire Protection District, provided a presentation on the 2022 Junior Firefighter Camp hosted by the Fire District.

C. PUBLIC COMMUNICATIONS

Frank Atry, spoke on his allotted public communications time.

Janet Walton, offered a prayer.

Jim Kulbacki, spoke about crossing guards and speed limit signs on Hermosa Ave. and submitted a petition in opposition to the removal of the crossing guards.

City Manager Gillison clarified th at the City has an adopted crossing guard policy and crossing guards are added where warrants show there is a need and it is justified; addressed Assembly Bill 43 on speed limit signs; and advised the city is having an independent traffic engineer review and conduct a traffic study with recommendations.

D. CONSENT CALENDAR

D1. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,958,715.79 and City and Fire District Weekly Check Registers (No Checks Issu ed to Southern California Gas

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Company) in the Total Amount of $3,696,381.16 Dated July 11, 2022, Through July 24, 2022. (CITY/FIRE)

D2. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)

D3. Consideration to Accept and Allocate Grant Revenue in the Amount of $5,000 Awarded by the California State Library for a Library of Things Outdoor Collection. (CITY)

D4. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202105731, Located at 9664 Edelweiss Street. (RESOLUTION NOS. 2022117, 2022118 AND 2022119) (CITY)

MOTION: Moved by Council Member Scott , seconded by Council Member Hutchison, to approve Consent Calendar Items D1 through D4. Motion carried, 4-0.

E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION

None.

F. ADMINISTRATIVE HEARING ITEM(S)
None.

G. ADVERTISED PUBLIC HEARING ITEM(S) – CITY/FIRE DISTRICT None.

H. CITY MANAGERS STAFF REPORT(S)

None.

I. COUNCIL BUSINESS

I1. COUNCIL ANNOUNCEMENTS

Mayor Michael thanked the community for attending the City’s National Night Out event and acknowledged the efforts of the police department.

I2. INTERAGENCY UPDATES

None.

J. CITY ATTORNEY ITEMS

None.

K. IDENTIFICATION OF ITEMS FOR NEXT MEETING

None.

L. ADJOURNMENT

Mayor Michael adjourned the Council Meeting at 7:27 p.m.

Respectfully submitted,

__________________________________
Linda A. Troyan, MMC
City Clerk Services Director
Approved:

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August 17, 2022

CITY OF RANCHO CUCAMONGA

FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY,

PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES

The City Council of the City of Rancho Cucamonga held a closed session on Wednesday, August 17, 2022, in the T ri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m.

Present were Council Members: Ryan Hutchison, Kristine Scott , Mayor Pro Tem Lynne Kennedy, and Mayor L.

Dennis Michael.

Also present were: John Gillison, City Manager; Nicholas Ghirelli , City Attorney; Elisa Cox, Assistant City Manager/Acting Deputy City Manager/Cultural & Civic Services and Matt Burris, Deputy City Manager/Economic and Community Development.

A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)

B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)

No public communications were made.

C. CITY MANAGER ANNOUNCEMENTS

None.

D. CONDUCT OF CLOSED SESSION

D1. CONFERENCE WITH 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)

D4. CONFERENCE WITH LEGAL COUNSEL POSSIBLE LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; DEFAULT OF DEVELOPER OBLIGATIONS UNDER IMPROVEMENT AGREEMENT RELATED TO CASE NO. SUBTT18966

D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12089 FOOTHILL BOULEVARD, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022902148;

NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOAN LOPEZ AGGAZZOTTIE, ETC., ET AL., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)

D6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVIS ION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO

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CUCAMONGA V. BTC III RANCHO CUCAMONGA LOGISTICS CENNTER LP, A DELAWARE LIMITED LIABILITY COMPANY, SBSC CASE NO.: CIVSB2201955. (CITY)

D7. CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: JULIO PINEDA VS. CITY OF RANCHO CUCAMONGA, WORKERS COMPENSATION CASE NO. ADJ13303390 CITY

D8. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVSION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE (CITY)

D9. 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, PRESIDEN T, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:

PRICE AND TERMS OF PAYMENT. – (CITY)

E. RECESS

The closed session recessed at 6:22 p.m.

REGULAR MEETING – 7:00 p.m.

CALL TO ORDER – COUNCIL CHAMBERS

The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held on August 17, 2022, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m.

Present were Council Members: Ryan Hutchison, Kristine Scott , Mayor Pro Tem Lynne Kennedy, and Mayor L.

Dennis Michael.

Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Linda Troyan, MMC, City Clerk Services Director.

Council Member Scott led the Pledge of Allegiance.

A. AMENDMENTS TO THE AGENDA

City Clerk Services Director Troyan announced that item D6 on the agenda will be removed and will return at a future meeting date.

B. ANNOUNCEMENTS/PRESENTATIONS

B1. Recognition of the Rancho Cucamonga Fire Protection District for Receiving the Lifeline EMS Gold Plus Award.

Sandy Griffin, EMS Administrator and Patty Eickholt, QI Nurse, Fire Protection District, gave a presentation on the Lifeline EMS Gold Plus award receiving by the Rancho Cucamonga Fire Protection District and displayed an award video presentation by the American Heart Association.

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B2. Presentation Recognizing Jenifer Phillips, Deputy Director of Human Resources, for Being Featured as IPMAHR’s Member Spotlight for the Month of August.

Mayor Michael and Members of the City Council presented a Certificate of Recognition to Jenifer Phillips, Deputy Director of Human Resources, for being featured as IPMAHR’s Member Spotlight for the Month of August.

C. PUBLIC COMMUNICATIONS

Frank Atry, spoke on his speaking time during public communications.

Jim Kulbacki, spoke on the city’s intent of removing a crosswalk on Hermosa Ave; and spoke on reducing the speed limit and Assembly Bill 43.

D. CONSENT CALENDAR
Council Member Scott announced that she will need to abstain on item D2, due to a potential conflict of interest as her employer is Southern California Gas Company.

Mayor Michael announced that item D6 is being removed from the Consent Calendar and Item D14 is being pulled for discussion.

D1. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,880,259.00 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $3,932,613.70 Dated July 25, 2022, Through August 07, 2022 and City and Fire District Electronic Debit Registers for the Month of July in the Total Amount of $15,928,152.04. (CITY/FIRE)

D2. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $17,436.16 Dated July 25, 2022, Through August 07, 2022. (CITY/FIRE)

D3. Consideration to Receive and File Current Investment Schedules as of July 31, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)

D4. Consideration to Authorize Signature of the California Intergovernmental Risk Authority Agreement for Apportionment of Retirement Obligations. (FIRE)

D5. Consideration of an Award to Vigilant Solutions for the Purchase of and an Appropriation in the Amount of $26,750 for the Subscription Renewal of the Camera License Keys (CLK) Fees Used at Each Automated License Plate Reader (ALPR) Location. (CITY)

D6. Consideration of an Appropr iation in the Amount of $386,300 for the Purchase of Fixed Position Automated License Plate Reader Cameras to be Installed at Three Intersections and to Purchase Additional Surveillance Cameras to Replace or be Added to the Public Service Video Network (PSVN) at the Cultural Center and at City Hall. (CITY)

D7. Consideration of a Professional Service Agreement with Gentry General Engineering, Inc. for Removal of the Existing Horseshoe and Shuffleboard Courts and Construction of Pickleball Courts at Red Hill Community Park in an Amount Not to Exceed $109,362.00. (CITY)

D8. Consideration to Award a Contract to Ace Electric, Inc. for the "Heritage and Etiwanda Creek Parks LED Sports Lighting Upgrade Project". (CITY)

D9. Consideration of a Contract with Tinker Glass Contractors, Inc. for the Emergency Installation of Ballistic Glass on the Plaza Level of the Rancho Cucamonga Police Facility in the Amount of $165,025. (CITY)

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D10. Consideration to Award a Contract to Gentry General Engineering for the "H eritage Community Park Pedestrian Trail Renovation Project. (CITY)

D11. Consideration of a Contract with Crosstown Electric & Data, Inc. in the Amount of $608,683, Plus a 10% Contingency for the 2022 HSIP Traffic Signal Modification at Various Locations Project and an Appropriation from the Gas Tax Fund (Fund 174) in the Amount of $453,000 and from the Transportation Fund (124) in the Amount of $264,400. (CITY)

D12. Consideration to Approve an Agreement for Apportionment of Retirement Obligations and Au thorize the Mayor of the City of Rancho Cucamonga to Sign the Agreement. (CITY)

D13. Consideration of Amendment No. 1 to the Professional Services Agreement with NEOGOV for Applicant Tracking Software in the Amount of $66,800. (CITY)

D14. Consideration to Approve Second Amendment to the Integrated Solid Waste Management Agreement between the City of Rancho Cucamonga and Burrtec Waste Industries, Inc., to Incorporate Senate Bill 1383 Requirements. (CITY)

D15. Consideration of a Professional Services Ag reement with Renne Public Policy Group for State Legislative Advocacy Services in the Annual Amount of $114,000 and Direct Staff to Adjust an Appropriation at MidYear. (CITY)

D16. Consideration to Accept the Traffic Signal Battery Backup Systems Replacement FY 2021 Project as Complete, file a Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)

D17. Consideration of Resolutions Approving the Special Tax Levy for Community Facilities Districts Nos. 851 and 881 for Fiscal Year 2022/23. (RESOLUTION NO'S. FD2022024 AND FD2022025) (FIRE)

D18. Consideration of a Resolution Adopting the Measure “I” FiveYear Capital Improvement Plan Covering Fiscal Years 2022/2027. (RESOLUTION NO. 2022120) (CITY)

MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tem Kennedy, to approve Consent Calendar Items D1 through D18, except for item D6 and D14, and with Council Member Scott abstaining on item D2, due to her employment with Southern California Gas Company. Motion carried, 4-0.

City Manager Gillison introduced the item and Linda Ceballos, Environmental Programs Manager, who gave the staff report and provided information on the proposed changes to the amendment to the agreement to comply with SB 1383 and revised rate methodology . Environmental Programs Manager provided an update to the proposed amendment : Gradual rate increase over five -year period for residential food waste/mixed organics collection and agreement term extended from 2028 to 2038.

Discussion ensued on rate adjustments and finding solutions to assist residents.

MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to approve item D14:

Second Amendment to the Integrated Solid Waste Management Agreement between the City of Rancho Cucamonga and Burrtec Waste Industries, Inc., to Incorporate Senate Bill 1383 Requirements , as amended .

Motion carried 4-0.

E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION

None.

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F. ADMINISTRATIVE HEARING ITEM(S)
None.

G. ADVERTISED PUBLIC HEARING ITEM(S) – CITY/FIRE DISTRICT

G1. Public Hearing to Consider a Resolution to Set Residential and Commercial Solid Waste Collection Rates Within the City of Rancho Cucamonga. (RESOLUTION NO. 2022121) (CITY)

City Manager Gillison noted that the city is not moving forward with the proposed rates as presented in this staff report and there will be no vote on the item as the Council is not moving forward with the item.

Mayor Michael opened the Public Hearing.

Rita Leo, spoke in opposition to rate increases in September and inquired on state reporting requirements.

City Manager Gillis on clarified that the collection of residential food waste will begin in September, but no rate increase will take place in September.

Mayor Michael closed the Public Hearing.

Mayor Michael referred Ms. Leo to Linda Ceballos, Environmental Programs Manager, for further information.

G2. Public Hearing for Consideration of First Reading of Ordinance No. 1008, to be Read by Title Only and Waive Further Reading, Amending Development Code Chapters 17.38 and Chapter 17.140 Establishing an Agricultural Overlay. This Project is Exempt from Envir onmental Review Pursuant to Section 15060 of the CEQA Guidelines. (ORDINANCE NO. 1008) (CITY)

City Manager Gillison introduced the item and Sean McPherson, Senior Planner, who gave the staff report.

Mayor Michael opened the Public Hearing.

There were no public communications.

Mayor Michael closed the Public Hearing.

Discussion ensued on the transfer of development rights.

MOTION: Moved by Mayor Pro Tem Kennedy , seconded by Council Member Scott, to Introduce First Reading of Ordinance No. 1008, by title only and waive further readings.

Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1008 by title only.

ORDINANCE NO. 1008

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING DEVELOPMENT CODE CHAPTERS 17.38 AND 17.140 ESTABLISHING AN AGRICULTURAL

OVERLAY, ADOPTING AN EXEMPTION TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND

MAKING FINDINGS IN SUPPORT THEREOF

VOTES NOW CAST ON MOTION: Moved by Mayor Pro Tem Kennedy , seconded by Council Member Scott, to Introduce First Reading of Ordinance No. 1008, by title only and waive further readings. Motion carried 4-0.

G3. Public Hearing for Consideration of First Reading of Ordinance No. 1009, to be Read by Title Only and Waive Further Reading, Amending Ti tle 17 of the Municipal Code Permitting Electric Vehicle Sales and Service as a ByRight Use in the Mixed Employment 2 (ME2), Corridor 1 (CO1), Corridor 2 (CO2) and Center 2 (CE2) Zones and Amending the Land Use Definitions for Electric Vehicle Sales. This Project is Exempt from Environmental Review Pursuant to Section 15161(b)(3) of the CEQA Guidelines. (ORDINANCE NO. 1009) (CITY)

Page 40 ends

City Manager Gillison introduced the item and Jennifer Nakamura , Deputy Director of Planning, who gave the staff report.

Mayor Michael opened the Public Hearing.

Max Cherubin, asked for clarification on the item.

City Manager Gillison clarified that the item is providing zones and locations where these types of businesses can operate.

Mayor Michael closed the Public Hearing.

MOTION: Moved by Mayor Pro Tem Kennedy , seconded by Council Member Scott, to Introduce First Reading of Ordinance No. 1009, by title only and waive further readings.

Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1009 by title only.

ORDINANCE NO. 1009

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,

APPROVING A MUNICIPAL CODE AMENDMENT PERMITTING ELECTRIC VEHICLE SALES AS A BY-RIGHT USE IN THE MIXED EMPLOYMENT 2, CORRIDOR 1, CORRIDOR 2 AND CENTER 2 ZONES, AMENDING

THE LAND USE DEFINITIONS FOR ELECTRIC VEHICLE SALE S, AND MAKING FINDINGS PURSUANT TO CEQA

VOTES NOW CAST ON MOTION: Moved by Mayor Pro Tem Kennedy , seconded by Council Member Scott, to Introduce First Reading of Ordinance No. 1009, by title only and waive further readings. Motion carried 4-0.

H. CITY MANAGERS STAFF REPORT(S)

H1. Consideration of Various Actions Related to the Acquisition of a New Enterprise Resource Platform (ERP) System (CITY/FIRE)

City Manager Gillison introduced Noah Daniels, Finance Director, Shelly Munson, DoIT Director and Jenifer Phillips, Human Resources Deputy Director, who gave the staff report for item H1.

Discussion ensued on the implementation process of the ERP system.

MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Scott, to approve: 1. Agreements with Workday, Collaborative Solutions, and Teller, and authorize the City Manager to execute those agreements in amounts not to exceed the following over the 15 year term: a . Workday in the amount of $7,396,350; b.

Collaborative Solutions in the amount of $3,148,520, and c. Teller (Can/Am Technologies) in the amount of $778,720 2. Approve an amendment to an existing agreement with SDI Presence, LLC (SDI) for additional ERP project management services and consulting services and authorizing the City Manager to execute the amendment for an additional amount of $133,760; 3. Approve appropriations for the ERP project for Fiscal Year 2022/23 as noted in the staff report; 4. Authori ze the City Manager to amend agreements with Workday, Collaborative Solutions, Teller, and SDI in the future up to a maximum total amount as noted in the staff report.

Motion carried 4-0.

I. COUNCIL BUSINESS

I1. COUNCIL ANNOUNCEMENTS

None.

I2. INTERAGENCY UPDATES

Page 41 ends

None.

J. CITY ATTORNEY ITEMS

None.

K. IDENTIFICATION OF ITEMS FOR NEXT MEETING

Mayor Michael announced that the regular City Council meeting scheduled for Wednesday, September 7, 2022, in the Council Chambers has been cancelled and rescheduled as a Special Meeting on Tuesday, September 6, 2022.

L. ADJOURNMENT

Mayor Michael adjourned the Council Meeting at 8:26 p.m.

Respectfully submitted,

__________________________________
Linda A. Troyan, MMC
City Clerk Services Director

Approved:

Page 42 ends

August 23, 2022 I City Council Special Meeting Minutes
City of Rancho Cucamonga I Page 1 of 2

August 23, 2022

CITY OF RANCHO CUCAMONGA

CITY COUNCIL SPECIAL MEETING MINUTES

A. CALL TO ORDER

The City Council held a Special Meeting on Tuesday, August 23, 2022 in Council Chambers , 10500 Civic Center Drive, Rancho Cucamonga, CA 9173 0. Mayor Pro Tem Kennedy called the meeting to order at 4:33 p.m.

Present were Council Members: Ryan Hutchison, Kristine Scott, Mayor Pro Tem Lynne Kennedy, and Mayor L. Dennis Michael (via audio conferencing).

Mayor Pro Tem Kennedy announced that she will be presiding the meeting as Mayor Michael will be participating v ia teleconference.

Also present were: Elisa Cox, Assistant City Manager and Linda A. Troyan, City Clerk Services Director.

Council Member Scott led the Pledge of Allegiance.

Assistant City Manager Cox announced that in accordance with AB 361, members of the public have the option to participate in the City Council meeting via teleconference. Those wishing to speak during public communication may call at the start of the meeting by dialing (909) 774-2751.

B. PUBLIC COMMUNICATIONS
None.

C. ITEMS OF DISCUSSION
C1. Consideration of Appointment of Unopposed Candidates to City Offices (Mayor and Member of the City Council, District 3) and Canceling the Portion of the November 8, 2022, City Election for those Offices. (RESOLUTION NO. 2022-122) (CITY)

Elisa Cox, Assistant City Manager, introduced Linda Troyan, MMC, City Clerk Services Director, who provided a verbal report for item C1.

City Clerk Services Director Troyan, informed t he City Council of the following options to consider on the matter:

1. Adopt Resolution No. 2022-122 providing for the appointment of the lone nominated individuals to the offices of Mayor and Member of the City Council, District 3 and canceling the election for those offices that were to be held on November 8, 2022, pursuant to El ections Code Section 10229. (Staff's Recommendation)

2. Take no action, with the result that the election for the offices of Mayor and Member of the City Council, District 3 will proceed to be held on November 8, 2022.

City Clerk Services Director Troyan noted that if the Council appoints the incumbent candidates to the open offices, those appointees will serve in office exactly as if they had been elected, starting their new term in December 2022.

MOTION: Moved by Mayor Michael , seconded by Council Member Scott, to adopt Resolution No. 2022 -122 providing for the appointment of the lone nominated individuals to the offices of Mayor and Member of the City Council, District 3 and canceling the election for those offices that were to be held on November 8, 2022, pursuant to Elections Code Section 10229. Roll Call Vote: Council Member Hutchison: Aye, Mayor Pro Tem Kennedy:

Aye, Council Member Scott: Aye, and Mayor Michael: Aye. Motion carried, 4-0.

Page 43 ends

August 23, 2022 I City Council Special Meeting Minutes
City of Rancho Cucamonga I Page 2 of 2

D. ADJOURNMENT

The meeting adjourned at 4:40 p.m.

Respectfully submitted,

__________________________________
Linda A. Troyan, MMC
City Clerk Services Director
Approved:

Page 44 ends

DATE:October 4, 2022
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Tamara L. Oatman, Finance Director
Veronica Lopez, Accounts Payable Supervisor
SUBJECT: Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $2,106,637.34 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $8,025,757.39 Dated September 12, 2022, Through September 25, 2022, and City and Fire District Electronic Debit Registers for the Month of August in the Total Amount of $6,096,689.95. (CITY/FIRE)
RECOMMENDATION:

Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Bi-weekly payroll is $1,101,923.14 and $1,004,714.20 for the City and the Fire District, respectively. Weekly check register amounts are $7,200,233.05 and $825,524.34 for the City and the Fire District, respectively. Electronic Debit Register amounts are $5,491,720.59 and $604,969.36 for the City and the Fire District, respectively.

BACKGROUND:

N/A

ANALYSIS:

N/A

FISCAL IMPACT:

Adequate budgeted funds are available for the payment of demands per the attached listing.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

N/A

ATTACHMENTS:

Attachment 1 - Weekly Check Register
Attachment 2 - Electronic Debit Register

Page 45 ends

Agenda Check Register

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.

AND

CITY OF RANCHO CUCAMONGA
9/12/2022 through 9/25/2022
Check No.

Check Date
Vendor Name
City Fire Amount
AP
00014820
09/14/2022

CALPINE ENERGY SERVICES LP
123,750.00 0.00 123,750.00
AP
00014821
09/14/2022

CIVIC SOLUTIONS INC
11,860.00 0.00 11,860.00
AP
00014822
09/14/2022

DIAMOND ENVIRONMENTAL SERVICES
220.68 0.00 220.68
AP
00014823
09/14/2022

ELECNOR BELCO ELECTRIC INC
47,701.07 0.00 47,701.07
AP
00014824
09/14/2022
ESRI
570.41 0.00 570.41
***
AP
00014825
09/14/2022

GOLDEN STATE RISK MANAGEMENT AUTHORITY
101,326.00 1,272.00 102,598.00
AP
00014826
09/14/2022

ILAND INTERNET SOLUTIONS
9,455.54 0.00 9,455.54
AP
00014827
09/14/2022

RICHARDS WATSON & GERSHON
5,641.60 0.00 5,641.60
AP
00014828
09/14/2022

RIVERSIDE, CITY OF
19,680.00 0.00 19,680.00
AP
00014829
09/14/2022

SAN BERNARDINO COUNTY
199.00 0.00 199.00
AP
00014830
09/14/2022

SAN BERNARDINO CTY SHERIFFS DEPT
3,850,485.00 0.00 3,850,485.00
AP
00014831
09/14/2022

SPARK HIRE INC
17,988.00 0.00 17,988.00
AP
00014832
09/21/2022
360 DEEP CLEANING LLC

0.00 7,038.10 7,038.10
AP
00014833
09/21/2022

ABSOLUTE SECURITY INTERNATIONAL INC
29,750.62 0.00 29,750.62
***
AP
00014834
09/21/2022

AMG & ASSOCIATES INC
4,227.50 564,302.14 568,529.64
AP
00014835
09/21/2022

ASSI SECURITY
165.00 0.00 165.00
AP
00014836
09/21/2022

BEST BEST & KRIEGER LLP
2,282.00 0.00 2,282.00
AP
00014837
09/21/2022

BUREAU OF RECLAMATION
973.02 0.00 973.02
AP
00014838
09/21/2022

CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA
24,589.41 0.00 24,589.41
***
AP
00014839
09/21/2022

EMCOR SERVICES
18,237.00 936.33 19,173.33
AP
00014840
09/21/2022

INTERWEST CONSULTING GROUP INC
5,282.35 0.00 5,282.35
AP
00014841
09/21/2022
RCCEA
1,468.25 0.00 1,468.25
AP
00014842
09/21/2022
RCPFA
12,565.51 0.00 12,565.51
AP
00014843
09/21/2022

RIVERSIDE, CITY OF
6,909.00 0.00 6,909.00
AP
00014844
09/21/2022

SAN BERNARDINO COUNTY
154.00 0.00 154.00
AP
00014845
09/21/2022

SHELL ENERGY NORTH AMERICA
600,570.90 0.00 600,570.90
AP
00427080
09/14/2022

ABC LOCKSMITHS INC
677.83 0.00 677.83
AP
00427081
09/14/2022

ADVANCED UTILITY SYSTEMS CORP
2,760.00 0.00 2,760.00
AP
00427082
09/14/2022

AMERICAN PUBLIC WORKS ASSOCIATION
700.00 0.00 700.00
AP
00427083
09/14/2022

AMPED SOFTWARE USA INC
7,800.00 0.00 7,800.00
AP
00427084
09/14/2022

ANIMAL HEALTH DIAGNOSTIC CENTER
117.00 0.00 117.00
AP
00427085
09/14/2022

ARCHIBALD PET HOSPITAL
400.00 0.00 400.00
AP
00427086
09/14/2022

ARTISTIC RESOURCES CORPORATION
7,895.81 0.00 7,895.81
AP
00427087
09/14/2022

AUFBAU CORPORATION

0.00 25,440.00 25,440.00
AP
00427088
09/14/2022

BARBARA'S ANSWERING SERVICE
552.00 0.00 552.00
AP
00427089
09/14/2022

BERN MARIE'S PROMOTIONAL PRODUCTS
395.11 0.00 395.11
AP
00427090
09/14/2022

BEVERLY HILLS ADVANCED PAIN & SPINE
390.00 0.00 390.00
AP
00427091
09/14/2022

BRIGHTVIEW LANDSCAPE SERVICES INC
63,209.54 0.00 63,209.54
AP
00427092
09/14/2022

BRINKS INCORPORATED
2,549.26 0.00 2,549.26
***
AP
00427094
09/14/2022

C V W D
33,647.95 7.38 33,655.33
AP
00427095
09/14/2022

CAL POLY POMONA
2,850.00 0.00 2,850.00
AP
00427096
09/14/2022

CAMACHO, ADRIANA
3,300.00 0.00 3,300.00
AP
00427097
09/14/2022

CHINO MOWER & ENGINE SERVICE
323.23 0.00 323.23
AP
00427098
09/14/2022
CINTAS CORPORATION #150

0.00 31.77 31.77
AP
00427099
09/14/2022

CLIMATE RESOLVE
1,000.00 0.00 1,000.00
AP
00427100
09/14/2022

CODE RED HEADSETS
432.38 0.00 432.38
AP
00427101
09/14/2022

COMPUTERSHARE TRUST COMPANY NA
6,000.00 0.00 6,000.00
08:23:54
09/26/2022
Current Date:

VLOPEZ - Veronica Lopez
Page:
1 Time:

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Agenda Check Register

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.

AND

CITY OF RANCHO CUCAMONGA
9/12/2022 through 9/25/2022
Check No.

Check Date
Vendor Name
City Fire Amount
AP
00427102
09/14/2022

CONSERVE LANDCARE LLC
21,261.56 0.00 21,261.56
AP
00427103
09/14/2022

CORODATA MEDIA STORAGE INC

64.05 0.00 64.05
AP
00427104
09/14/2022

DATA ARC LLC
7,744.33 0.00 7,744.33
AP
00427105
09/14/2022

DENT, MARY
250.00 0.00 250.00
AP
00427106
09/14/2022

DEPENDABLE COMPANY INC

45.00 0.00 45.00
AP
00427107
09/14/2022

DLR GROUP INC
130,750.00 0.00 130,750.00
AP
00427108
09/14/2022

DUNN-EDWARDS CORPORATION
466.73 0.00 466.73
AP
00427109
09/14/2022

EAN SERVICES LLC

0.00 1,277.29 1,277.29
AP
00427110
09/14/2022

ELITE CUSTOMS CONSTRUCTION
2,525.00 0.00 2,525.00
AP
00427111
09/14/2022

EVERDE GROWERS
533.99 0.00 533.99
AP
00427112
09/14/2022

EWING IRRIGATION PRODUCTS INC
689.55 0.00 689.55
AP
00427113
09/14/2022

EXPERIAN

52.00 0.00 52.00
AP
00427114
09/14/2022

FACTORY MOTOR PARTS

0.00 366.10 366.10
AP
00427115
09/14/2022

FAVELA, RICHARD
2,300.00 0.00 2,300.00
AP
00427116
09/14/2022

FEDERAL SIGNAL CORPORATION

0.00 554.00 554.00
AP
00427117
09/14/2022
FERGUSON ENTERPRISES LLC #1350
500.07 0.00 500.07
AP
00427118
09/14/2022

FLEETPRIDE

0.00 26.26 26.26
AP
00427119
09/14/2022

FRANKLIN TRUCK PARTS INC

0.00 710.49 710.49
AP
00427120
09/14/2022

GENTRY GENERAL ENGINEERING INC
7,997.04 0.00 7,997.04
AP
00427121
09/14/2022

GLOBAL MUSIC RIGHTS LLC
2,000.00 0.00 2,000.00
AP
00427122
09/14/2022

GRAINGER
1,274.92 0.00 1,274.92
AP
00427123
09/14/2022

GRAYBAR ELECTRIC COMPANY INC
938.93 0.00 938.93
AP
00427124
09/14/2022

HARDY & HARPER INC
1,085,555.76 0.00 1,085,555.76
AP
00427125
09/14/2022

HELGESEN, JESSICA
324.32 0.00 324.32
AP
00427126
09/14/2022

HOLLIDAY ROCK CO INC
17,800.70 0.00 17,800.70
AP
00427127
09/14/2022

HOME DEPOT CREDIT SERVICES
2,559.96 0.00 2,559.96
AP
00427128
09/14/2022

HOSE-MAN INC

0.00 235.54 235.54
AP
00427129
09/14/2022

IDEXX DISTRIBUTION INC
2,013.35 0.00 2,013.35
AP
00427130
09/14/2022

IMAGINE COURT REPORTING
149.60 0.00 149.60
***
AP
00427131
09/14/2022

INLAND OVERHEAD DOOR COMPANY
1,089.30 4,738.00 5,827.30
AP
00427132
09/14/2022

INLAND PRESORT & MAILING SERVICES
1,274.66 0.00 1,274.66
AP
00427133
09/14/2022

ITRON INC
8,659.76 0.00 8,659.76
AP
00427134
09/14/2022

KIZH NATION RESOURCES MANAGEMENT
822.75 0.00 822.75
AP
00427135
09/14/2022

LU, XIAOMENG
273.00 0.00 273.00
***
AP
00427136
09/14/2022

MARIPOSA LANDSCAPES INC
3,506.23 47.80 3,554.03
AP
00427137
09/14/2022

MARLINK INC

0.00 162.00 162.00
AP
00427138
09/14/2022

MCA DIRECT

30.53 0.00 30.53
AP
00427139
09/14/2022

MIDWEST TAPE
4,408.13 0.00 4,408.13
AP
00427140
09/14/2022

MOISA, DANIEL A
792.00 0.00 792.00
AP
00427141
09/14/2022

MORGAN, AUSTIN

0.00 380.00 380.00
AP
00427142
09/14/2022

MUNICIPAL EMERGENCY SERVICES INC

0.00 642.04 642.04
AP
00427143
09/14/2022

NAPA AUTO PARTS

0.00 193.49 193.49
AP
00427144
09/14/2022

NINYO & MOORE

0.00 14,137.50 14,137.50
AP
00427145
09/14/2022

OC TANNER RECOGNITION COMPANY
407.80 0.00 407.80
AP
00427146
09/14/2022

OCCUPATIONAL HEALTH CENTERS OF CA

0.00 515.00 515.00
AP
00427147
09/14/2022

ODP BUSINESS SOLUTIONS LLC
4,535.80 0.00 4,535.80
AP
00427148
09/14/2022

ONLY CREMATIONS FOR PETS INC
1,530.00 0.00 1,530.00
08:23:54
09/26/2022
Current Date:

VLOPEZ - Veronica Lopez
Page:
2 Time:

CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User:

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Agenda Check Register

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.

AND

CITY OF RANCHO CUCAMONGA
9/12/2022 through 9/25/2022
Check No.

Check Date
Vendor Name
City Fire Amount
AP
00427149
09/14/2022

ONTARIO SPAY & NEUTER INC
495.00 0.00 495.00
AP
00427150
09/14/2022

ONWARD ENGINEERING
3,190.00 0.00 3,190.00
AP
00427151
09/14/2022

OSTOS, MARISSA
813.88 0.00 813.88
AP
00427152
09/14/2022

PACIFIC MH CONSTRUCTION INC
12,951.00 0.00 12,951.00
AP
00427153
09/14/2022

PINNACLE PETROLEUM INC
42,433.66 0.00 42,433.66
AP
00427154
09/14/2022

PLANETBIDS INC
9,900.00 0.00 9,900.00
AP
00427155
09/14/2022

POSTAL PERFECT
330.00 0.00 330.00
AP
00427156
09/14/2022

POWER & TELEPHONE SUPPLY COMPANY
9,680.82 0.00 9,680.82
AP
00427157
09/14/2022

PRO-LINE INDUSTRIAL PRODUCTS INC
498.04 0.00 498.04
AP
00427158
09/14/2022

PSA PRINT GROUP
232.74 0.00 232.74
AP
00427159
09/14/2022

RDO EQUIPMENT COMPANY

97.75 0.00 97.75
AP
00427160
09/14/2022

RISE TO GRIND FOUNDATION

56.00 0.00 56.00
AP
00427161
09/14/2022

RWB PARTY PROPS INC
1,616.25 0.00 1,616.25
AP
00427162
09/14/2022

SAFECHECKS
555.36 0.00 555.36
AP
00427163
09/14/2022

SAN BERNARDINO COUNTY

0.00 12,616.16 12,616.16
AP
00427164
09/14/2022

SHOETERIA INC
353.90 0.00 353.90
AP
00427165
09/14/2022

SHOOK, BRIAN T

0.00 320.00 320.00
AP
00427166
09/14/2022

SMITH PIPE & SUPPLY INC
156.89 0.00 156.89
AP
00427167
09/14/2022

SOUTH COAST AQMD
3,268.11 0.00 3,268.11
***
AP
00427169
09/14/2022

SOUTHERN CALIFORNIA EDISON
95,547.11 3,872.32 99,419.43
AP
00427170
09/14/2022

SOUTHERN CALIFORNIA EDISON
463.92 0.00 463.92
AP
00427171
09/14/2022

SOUTHERN CALIFORNIA LANDSCAPE INC
45,628.57 0.00 45,628.57
AP
00427172
09/14/2022

SOWLES, JULIE
1,994.14 0.00 1,994.14
AP
00427173
09/14/2022

STOTZ EQUIPMENT

61.50 0.00 61.50
AP
00427174
09/14/2022

SUPERION LLC
1,560.00 0.00 1,560.00
AP
00427175
09/14/2022

TEACHING STRATEGIES LLC
7,500.00 0.00 7,500.00
AP
00427176
09/14/2022

THOMPSON PLUMBING SUPPLY INC

22.41 0.00 22.41
AP
00427177
09/14/2022

THOMSON REUTERS - WEST
365.00 0.00 365.00
AP
00427178
09/14/2022

TIANA SANCHEZ INTERNATIONAL LLC
2,000.00 0.00 2,000.00
AP
00427179
09/14/2022

TIREHUB LLC

0.00 1,398.17 1,398.17
AP
00427180
09/14/2022

UNITED SITE SERVICES OF CA INC
305.28 0.00 305.28
AP
00427181
09/14/2022

UNITY COURIER SERVICE INC
1,450.15 0.00 1,450.15
AP
00427182
09/14/2022

UPBEAT PARADE PRODUCTIONS
18,000.00 0.00 18,000.00
AP
00427183
09/14/2022
UPS

49.69 0.00 49.69
AP
00427184
09/14/2022

URBAN ARENA
1,900.00 0.00 1,900.00
AP
00427185
09/14/2022

VAN SCOYOC ASSOCIATES INC
4,000.00 0.00 4,000.00
AP
00427186
09/14/2022

VERIZON

31.88 0.00 31.88
AP
00427187
09/14/2022

VERIZON WIRELESS - LA

46.32 0.00 46.32
AP
00427188
09/14/2022

VERIZON WIRELESS - LA
262.74 0.00 262.74
AP
00427189
09/14/2022

VERIZON WIRELESS - LA
5,378.98 0.00 5,378.98
AP
00427190
09/14/2022

VETS CHOICE RADIOLOGY
247.00 0.00 247.00
AP
00427191
09/14/2022

VICTOR MEDICAL COMPANY
170.91 0.00 170.91
AP
00427192
09/14/2022

VULCAN MATERIALS COMPANY
213.46 0.00 213.46
AP
00427193
09/14/2022

WAXIE SANITARY SUPPLY
8,564.98 0.00 8,564.98
AP
00427194
09/14/2022

WEST COAST ARBORISTS INC
32,807.80 0.00 32,807.80
AP
00427195
09/14/2022

WINGHONG , YU

94.00 0.00 94.00
AP
00427196
09/14/2022

WINNER CHEVROLET INC
34,557.04 0.00 34,557.04
08:23:54
09/26/2022
Current Date:

VLOPEZ - Veronica Lopez
Page:
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Agenda Check Register

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.

AND

CITY OF RANCHO CUCAMONGA
9/12/2022 through 9/25/2022
Check No.

Check Date
Vendor Name
City Fire Amount
AP
00427197
09/14/2022

WINNER CHEVROLET INC
34,557.04 0.00 34,557.04
AP
00427198
09/14/2022

ZARAGOZA, IMELDA

48.93 0.00 48.93
AP
00427199
09/14/2022

ZONES CORPORATE SOLUTIONS
207.30 0.00 207.30
AP
00427200
09/15/2022

CALIF STATE BOARD OF EQUALIZATION
28,550.00 0.00 28,550.00
AP
00427201
09/15/2022

ONTARIO WINNELSON CO

93.38 0.00 93.38
AP
00427202
09/15/2022

SAFETY-KLEEN SYSTEMS INC
408.80 0.00 408.80
AP
00427203
09/21/2022

ABLE BUILDING MAINTENANCE
14,252.00 0.00 14,252.00
AP
00427204
09/21/2022

ADAPT CONSULTING INC
1,359.94 0.00 1,359.94
AP
00427205
09/21/2022

AFLAC GROUP INSURANCE

24.58 0.00 24.58
AP
00427206
09/21/2022

AIRGAS USA LLC
219.71 0.00 219.71
AP
00427207
09/21/2022

ARROW TRAILER SUPPLIES INC
1,444.99 0.00 1,444.99
AP
00427208
09/21/2022
AYSO
506.35 0.00 506.35
AP
00427209
09/21/2022

BIBLIOTHECA LLC
4,003.53 0.00 4,003.53
AP
00427210
09/21/2022

BRODART CO
9,654.28 0.00 9,654.28
***
AP
00427211
09/21/2022

C V W D
14,196.39 896.15 15,092.54
***
AP
00427212
09/21/2022

CALIF DEPT OF TAX & FEE ADMINISTRATION
125.36 670.86 796.22
AP
00427213
09/21/2022

CALIFORNIA, STATE OF
150.00 0.00 150.00
AP
00427214
09/21/2022

CALIFORNIA, STATE OF

50.00 0.00 50.00
AP
00427215
09/21/2022

CALIFORNIA, STATE OF

50.00 0.00 50.00
AP
00427216
09/21/2022

CALIFORNIA, STATE OF
342.73 0.00 342.73
AP
00427217
09/21/2022

CALIFORNIA, STATE OF

32.26 0.00 32.26
AP
00427218
09/21/2022

CANGENI, PAUL A

10.00 0.00 10.00
AP
00427219
09/21/2022

CARQUEST AUTO PARTS
1,633.63 0.00 1,633.63
AP
00427220
09/21/2022

CHAMPION FIRE SYSTEMS INC
834.00 0.00 834.00
***
AP
00427221
09/21/2022
CINTAS CORPORATION #150
5,068.93 661.87 5,730.80
***
AP
00427222
09/21/2022

CITIZENS BUSINESS BANK
222.50 29,700.11 29,922.61
AP
00427223
09/21/2022

CLARK, KAREN

48.00 0.00 48.00
AP
00427224
09/21/2022

DAISYECO INC
223.95 0.00 223.95
AP
00427225
09/21/2022

DEPARTMENT OF JUSTICE
1,269.00 0.00 1,269.00
AP
00427226
09/21/2022

DIRECTV
120.00 0.00 120.00
AP
00427227
09/21/2022

EXPRESS BRAKE SUPPLY INC
649.26 0.00 649.26
AP
00427228
09/21/2022

FEDERAL EXPRESS CORP

37.72 0.00 37.72
AP
00427229
09/21/2022

FEDERAL EXPRESS CORP

16.80 0.00 16.80
AP
00427230
09/21/2022
FIRST AID 2000
3,722.92 0.00 3,722.92
AP
00427231
09/21/2022

FORTIN LAW GROUP
6,844.50 0.00 6,844.50
AP
00427232
09/21/2022

FOSTER, ROBERT

13.45 0.00 13.45
***
AP
00427233
09/21/2022

FRONTIER COMM
706.82 591.09 1,297.91
***
AP
00427234
09/21/2022

FRONTIER COMM
171.41 399.94 571.35
***
AP
00427235
09/21/2022

FUEL SERV
1,420.00 4,493.74 5,913.74
AP
00427236
09/21/2022

FUN SERVICE
8,487.50 0.00 8,487.50
AP
00427237
09/21/2022

G/M BUSINESS INTERIORS

68.51 0.00 68.51
AP
00427238
09/21/2022

GARON WYATT INVESTIGATIVE SERVICES
2,787.27 0.00 2,787.27
AP
00427239
09/21/2022

GATEWAY PET CEMETERY & CREMATORY
300.00 0.00 300.00
AP
00427240
09/21/2022

GRAINGER
260.46 0.00 260.46
AP
00427241
09/21/2022

HI-LINE ELECTRIC COMPANY
112.63 0.00 112.63
AP
00427242
09/21/2022

HUMANE SOCIETY OF SAN BERNARDINO VALLEY
277.25 0.00 277.25
AP
00427243
09/21/2022

IDEXX DISTRIBUTION INC
491.61 0.00 491.61
08:23:54
09/26/2022
Current Date:

VLOPEZ - Veronica Lopez
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Agenda Check Register

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.

AND

CITY OF RANCHO CUCAMONGA
9/12/2022 through 9/25/2022
Check No.

Check Date
Vendor Name
City Fire Amount
AP
00427244
09/21/2022

INK SLINGER SCREEN PRINTING & EMBROIDERY
1,161.55 0.00 1,161.55
AP
00427245
09/21/2022

INLAND OVERHEAD DOOR COMPANY

0.00 399.00 399.00
AP
00427246
09/21/2022

INTERSTATE ALL BATTERY CENTER
619.57 0.00 619.57
AP
00427247
09/21/2022

JOHNNY ALLEN TENNIS ACADEMY
3,326.40 0.00 3,326.40
AP
00427248
09/21/2022

KEYSER MARSTON ASSOCIATES INC
280.00 0.00 280.00
AP
00427249
09/21/2022

LIFE-ASSIST INC

0.00 6,324.38 6,324.38
***
AP
00427252
09/21/2022

LOWES COMPANIES INC
10,807.55 749.98 11,557.53
AP
00427253
09/21/2022

MAIN STREET SIGNS
1,895.93 0.00 1,895.93
AP
00427254
09/21/2022

MARIPOSA LANDSCAPES INC
1,477.58 0.00 1,477.58
AP
00427255
09/21/2022

MARK CHRISTOPHER INC
620.34 0.00 620.34
AP
00427256
09/21/2022

MCFADDEN-DALE HARDWARE
905.36 0.00 905.36
AP
00427257
09/21/2022
MCI

36.97 0.00 36.97
AP
00427258
09/21/2022

MEDINA, MARK
180.35 0.00 180.35
AP
00427259
09/21/2022

MEDIWASTE DISPOSAL

40.00 0.00 40.00
AP
00427260
09/21/2022

MERCURY DISPOSAL SYSTEMS INC
1,691.65 0.00 1,691.65
***
AP
00427261
09/21/2022

NAPA AUTO PARTS

53.86 235.67 289.53
AP
00427262
09/21/2022
NV5 INC
10,576.50 0.00 10,576.50
AP
00427263
09/21/2022

OCCUPATIONAL HEALTH CENTERS OF CA
2,059.00 0.00 2,059.00
***
AP
00427264
09/21/2022

ODP BUSINESS SOLUTIONS LLC
2,842.79 375.18 3,217.97
AP
00427265
09/21/2022

ONTARIO SPAY & NEUTER INC
830.00 0.00 830.00
AP
00427266
09/21/2022

PACIFIC MH CONSTRUCTION INC
16,490.20 0.00 16,490.20
AP
00427267
09/21/2022

PETER ZAVALA MUSIC LLC
2,900.00 0.00 2,900.00
AP
00427268
09/21/2022
PORAC
168.00 0.00 168.00
AP
00427269
09/21/2022

PORAC LEGAL DEFENSE FUND
252.00 0.00 252.00
AP
00427270
09/21/2022

PRE-PAID LEGAL SERVICES INC

53.36 0.00 53.36
AP
00427271
09/21/2022

PSA PRINT GROUP
116.37 0.00 116.37
AP
00427272
09/21/2022

QUINN COMPANY
6,499.23 0.00 6,499.23
AP
00427273
09/21/2022

RANCHO CUCAMONGA LIBRARY FOUNDATION
13,000.00 0.00 13,000.00
AP
00427274
09/21/2022

RANCHO SMOG CENTER
134.85 0.00 134.85
AP
00427275
09/21/2022

RANCHO WEST ANIMAL HOSPITAL
100.00 0.00 100.00
AP
00427276
09/21/2022

RAPP, SCOTT
102.41 0.00 102.41
AP
00427277
09/21/2022

RDO EQUIPMENT COMPANY
488.36 0.00 488.36
AP
00427278
09/21/2022

RHA LANDSCAPE ARCHITECTS-PLANNERS INC
3,450.00 0.00 3,450.00
AP
00427279
09/21/2022

SAFE-ENTRY TECHNICAL INC

0.00 100.00 100.00
AP
00427280
09/21/2022

SAFETY CENTER INC
3,100.00 0.00 3,100.00
AP
00427281
09/21/2022

SAM'S CLUB/SYNCHRONY BANK

48.49 0.00 48.49
AP
00427282
09/21/2022

SAN BERNARDINO CLERK OF THE BOARD OF

50.00 0.00 50.00
AP
00427283
09/21/2022

SAN BERNARDINO COUNTY
15,443.92 0.00 15,443.92
AP
00427284
09/21/2022
SBPEA
2,477.88 0.00 2,477.88
AP
00427285
09/21/2022

SHRED PROS

60.00 0.00 60.00
***
AP
00427286
09/21/2022

SIDEPATH INC
137,192.16 137,192.13 274,384.29
AP
00427287
09/21/2022

SITEONE LANDSCAPE SUPPLY LLC
100.75 0.00 100.75
AP
00427288
09/21/2022

SITUMEANG, SUHAEMI
199.60 0.00 199.60
AP
00427292
09/21/2022

SOUTHERN CALIFORNIA EDISON
21,042.93 0.00 21,042.93
AP
00427293
09/21/2022

SOUTHERN CALIFORNIA EDISON
271.20 0.00 271.20
AP
00427294
09/21/2022

SOVIC DESIGNS LLC
4,500.00 0.00 4,500.00
AP
00427295
09/21/2022

SPECIAL SERVICES GROUP LLC

80.81 0.00 80.81
08:23:54
09/26/2022
Current Date:

VLOPEZ - Veronica Lopez
Page:
5 Time:

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Agenda Check Register

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.

AND

CITY OF RANCHO CUCAMONGA
9/12/2022 through 9/25/2022
Check No.

Check Date
Vendor Name
City Fire Amount
AP
00427296
09/21/2022

STABILIZER SOLUTIONS INC
862.50 0.00 862.50
AP
00427297
09/21/2022

STOTZ EQUIPMENT
1,047.22 0.00 1,047.22
AP
00427298
09/21/2022

SULLIVAN, DANIELLE
500.00 0.00 500.00
AP
00427299
09/21/2022

SUNRISE FORD
1,858.61 0.00 1,858.61
AP
00427300
09/21/2022

SYCAMORE VILLA MOBILE HOME PARK
300.00 0.00 300.00
AP
00427301
09/21/2022

TAYLOR, RONALD
235.00 0.00 235.00
AP
00427302
09/21/2022

TIREHUB LLC
568.67 0.00 568.67
AP
00427303
09/21/2022

TKO INC
6,000.00 0.00 6,000.00
AP
00427304
09/21/2022

TORO TOWING
200.00 0.00 200.00
AP
00427305
09/21/2022
U.S. BANK PARS ACCT #6746022500
1,024.76 0.00 1,024.76
AP
00427306
09/21/2022
U.S. BANK PARS ACCT #6746022500
11,486.38 0.00 11,486.38
AP
00427307
09/21/2022
U.S. BANK PARS ACCT #6745033700
6,605.00 0.00 6,605.00
AP
00427308
09/21/2022

UC REGENTS
140.00 0.00 140.00
AP
00427309
09/21/2022

UNITED WAY

35.00 0.00 35.00
AP
00427310
09/21/2022

UNIVERSAL FLEET SUPPLY

0.00 202.23 202.23
AP
00427311
09/21/2022
UPS

58.83 0.00 58.83
AP
00427312
09/21/2022
URBAN3
13,496.00 0.00 13,496.00
AP
00427313
09/21/2022

VAN SCOYOC ASSOCIATES INC
4,000.00 0.00 4,000.00
AP
00427314
09/21/2022

VERIZON BUSINESS

42.17 0.00 42.17
AP
00427315
09/21/2022

VICTOR MEDICAL COMPANY
846.82 0.00 846.82
AP
00427316
09/21/2022

VICTORIA ANIMAL HOSPITAL
200.00 0.00 200.00
AP
00427317
09/21/2022

VIRGIN PULSE INC
3,183.15 0.00 3,183.15
AP
00427318
09/21/2022

VISION SERVICE PLAN CA
10,731.98 0.00 10,731.98
AP
00427319
09/21/2022

VOGEL, COLBY
10,000.00 0.00 10,000.00
AP
00427320
09/21/2022

VULCAN MATERIALS COMPANY
694.69 0.00 694.69
AP
00427321
09/21/2022

WAXIE SANITARY SUPPLY
7,795.42 0.00 7,795.42
AP
00427322
09/21/2022

WESTRUX INTERNATIONAL INC

0.00 1,312.13 1,312.13
AP
00427323
09/21/2022

WHITE, VANESSA
285.52 0.00 285.52
AP
00427324
09/21/2022

WILLDAN GROUP
6,300.00 0.00 6,300.00
AP
00427325
09/21/2022

WILSON & BELL AUTO SERVICE
1,463.98 0.00 1,463.98
AP
00427326
09/21/2022

WOLFE, SARAH

50.00 0.00 50.00
AP
00427327
09/21/2022

WORK BOOT WAREHOUSE
289.85 0.00 289.85
AP
00427328
09/21/2022

YANG, YEPENG

96.82 0.00 96.82
$7,200,233.05
$8,025,757.39
$825,524.34
Note:

Grand Total:

Total Fire:

Total City:
*** Check Number includes both City and Fire District expenditures 08:23:54
09/26/2022
Current Date:

VLOPEZ - Veronica Lopez
Page:
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DATE DESCRIPTION CITY FIRE AMOUNT
8/1 WIRE PAYMENT - RCMU CAISO 4,871.92 4,871.92 8/2 Bank Fee 112.35 112.35
8/2 U.S. BANK - Purchasing Card, Corporate Card and Costco Card Payment 110,476.69 29,682.66 140,159.35 8/8 WIRE PAYMENT - RCMU CAISO 32,476.69 32,476.69 8/8 Workers Comp - Fire Account Transfer 35.00 35.00 8/10 CALPERS - City - Retirement Account Deposit 69,217.62 69,217.62 8/10 CALPERS - City - Retirement Account Deposit 100,191.57 100,191.57 8/10 CALPERS - Fire - Retirement Account Deposit 2,788.66 2,788.66 8/10 CALPERS - Fire - Retirement Account Deposit 3,492.15 3,492.15 8/10 CALPERS - Fire - Retirement Account Deposit 5,210.11 5,210.11 8/10 CALPERS - Fire - Retirement Account Deposit 10,492.29 10,492.29 8/10 CALPERS - Fire - Retirement Account Deposit 37,156.87 37,156.87 8/10 CALPERS - Fire - Retirement Account Deposit 97,356.15 97,356.15 8/10 WIRE PAYMENT - DEBT SERVICE 49,608.61 49,608.61 8/10 WIRE PAYMENT - DEBT SERVICE 50,988.89 50,988.89 8/10 WIRE PAYMENT - DEBT SERVICE 120,727.42 120,727.42 8/10 WIRE PAYMENT - DEBT SERVICE 202,460.54 202,460.54 8/10 WIRE PAYMENT - DEBT SERVICE 475,324.78 475,324.78 8/10 WIRE PAYMENT - DEBT SERVICE 513,926.01 513,926.01 8/10 WIRE PAYMENT - DEBT SERVICE 161,390.29 161,390.29 8/10 WIRE PAYMENT - DEBT SERVICE 857,255.67 857,255.67 8/10 WIRE PAYMENT - DEBT SERVICE 1,829,804.18 1,829,804.18 8/10 WIRE PAYMENT - DEBT SERVICE 408,652.57 408,652.57 8/11 CALPERS - Fire - Retirement Account Deposit 580.69 580.69 8/11 CALPERS - Fire - Retirement Account Deposit 790.21 790.21 8/11 CALPERS - Fire - Retirement Account Deposit 2,859.29 2,859.29 8/11 CALPERS - Fire - Retirement Account Deposit 23,714.76 23,714.76 8/11 STATE DISBURSEMENT UNIT - Child Support Payments 3,534.45 3,534.45 8/11 STATE DISBURSEMENT UNIT - Child Support Payments 1,270.50 1,270.50 8/12 CALPERS - Fire - Retirement Account Deposit 1,751.94 1,751.94 8/15 WIRE PAYMENT - RCMU CAISO 21,028.93 21,028.93 8/15 Workers Comp - Fire Account Transfer 580.00 580.00 8/18 CALPERS - Fire - Retirement Account Deposit 183,546.52 183,546.52 8/18 WIRE PAYMENT - RCMU CAISO 4,320.87 4,320.87 8/22 WIRE PAYMENT - RCMU CAISO 172,479.18 172,479.18 8/23 Workers Comp - City Account Transfer 7,126.05 7,126.05 8/23 Workers Comp - Fire Account Transfer 1,019.60 1,019.60 8/25 CALPERS - Fire - Retirement Account Deposit 2,100.00 2,100.00 8/25 CALPERS - City - Retirement Account Deposit 4,425.45 4,425.45 8/25 CALPERS - City - Retirement Account Deposit 72,502.36 72,502.36 8/25 CALPERS - City - Retirement Account Deposit 100,963.07 100,963.07 8/25 CALPERS - Fire - Retirement Account Deposit 2,788.66 2,788.66 8/25 CALPERS - Fire - Retirement Account Deposit 3,492.15 3,492.15 8/25 CALPERS - Fire - Retirement Account Deposit 5,436.19 5,436.19 8/25 CALPERS - Fire - Retirement Account Deposit 10,564.61 10,564.61 8/25 CALPERS - Fire - Retirement Account Deposit 37,553.42 37,553.42 8/25 CALPERS - Fire - Retirement Account Deposit 97,464.84 97,464.84 8/25 STATE DISBURSEMENT UNIT - Child Support Payments 3,534.45 3,534.45 8/25 STATE DISBURSEMENT UNIT - Child Support Payments 1,270.50 1,270.50 8/29 WIRE PAYMENT - RCMU CAISO 50,084.89 50,084.89 8/31 U.S. BANK - Purchasing Card, Corporate Card and Costco Card Payment 68,762.99 37,443.69 106,206.68 TOTAL CITY 5,491,720.59
TOTAL FIRE 604,969.36
GRAND TOTAL 6,096,689.95
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Electronic Debit Register
AUGUST 1, 2022 TO AUGUST 31, 2022
1

Page 52 ends

DATE:October 4, 2022
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Julie A. Sowles, Deputy City Manager of Civic and Cultural Services Linda A. Troyan, MMC, City Clerk Services Director
SUBJECT: AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)
RECOMMENDATION:

Staff recommends that the City Council/Board of Directors of the Fire Protection District make the following findings to support the continuation of virtual meetings for the City’s legislative bodies: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) the COVID-19 state of emergency continues to directly impact of the ability of the members of the City’s legislative bodies to meet safely in person.

BACKGROUND:

On March 4, 2020, Governor Newsom proclaimed a state of emergency in California due to the spread of COVID-19. This proclamation remains in effect. The Governor subsequently issued numerous executive orders suspending or modifying state laws to facilitate the response to the emergency. Among other things, these executive orders superseded certain Brown Act requirements and established special rules to give local public agencies greater flexibility to conduct teleconference meetings. The special rules included provisions allowing local public agencies to conduct teleconference meetings without having to provide a physical location from which the public may attend or comment; without having to use teleconference locations that are publicly accessible; and without having to identify teleconference locations on the agenda. Those special rules expired on September 30, 2021.

On September 16, 2021, in anticipation of then-imminent expiration of his special rules for teleconference meetings, Governor Newsom signed AB 361. In key part, this bill amends the Brown Act to establish special requirements for teleconference meetings if a legislative body of a local public agency makes two findings pursuant to Government Code Section 54953(e)(3). Like the special rules in the Governor’s executive orders, the special Brown Act requirements in AB 361 include provisions allowing public agencies to conduct teleconference meetings without having to use teleconference locations that are publicly accessible; and without having to identify teleconference locations on the agenda. The AB 361 special Brown Act requirements are scheduled be repealed on January 1, 2024.

For a local public agency to be subject to the AB 361 special Brown Act requirements for teleconference meetings, a legislative body of a local public agency first must make a finding that

Page 53 ends

Page 2 ends

1 5
0 2
it has reconsidered the circumstances of a declared state of emergency. Second, there must be a finding that such emergency continues to directly impact the ability of legislative body members to meet safely in person. Alternatively, for the second finding, there must be a finding that state or local officials continue to impose or recommend social distancing measures. These findings must be made within 30 days after the first teleconference under AB 361 and on a monthly basis thereafter.

ANALYSIS:

Due to the continuing, rapid spread of the Omicron and Delta variants of COVID-19, staff is recommending that the City Council make the necessary findings in order to continue holding teleconference meetings. The findings were first made at the January 5, 2022, City Council meeting. Federal and state officials continue to recommend social distancing measures, including limiting in-door gatherings, to limit the spread of the highly transmissible Omicron variant of COVID-19.

It is expected that virtual meetings will only be conducted pursuant to AB 361 where a City Council Member or other member of a commission/committee is unable to meet in person due to exposure to COVID-19. Under AB 361, the public must also be given an opportunity to participate in a virtual meeting via a teleconference option, and the amended agenda provides call-in information.

However, the public will continue to be permitted to attend the meeting in person. It is unclear if future meetings will require teleconferencing.

FISCAL IMPACT:

No fiscal impact is created by this item. The City already has the necessary equipment to conduct teleconferenced meetings.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item will allow Council Members and other commissions/committees and the public to safely participate in public meetings.

ATTACHMENTS:

None.

Page 54 ends

DATE:October 4, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: William Wittkopf, Public Works Services Director Jeff Benson, Parks and Landscape Maintenance Superintendent Ruth Cain, CPPB, Procurement Manager
SUBJECT: Consideration of the Purchase of Fertilizer and Pesticides on an as Needed Basis from Nutrien Ag Solutions and Wilbur-Ellis Co. in an Amount Not to Exceed $138,200. (CITY)
RECOMMENDATION:

Staff recommends that the City Council award the purchase of fertilizer and pesticides on an as needed basis from Nutrien Ag Solutions and Wilbur-Ellis Co. in accordance with Request for Bids (RFB) #22/23-103, in an amount not to exceed $138,200 during FY 2022/2023, to be funded from various City and Special District accounts.

BACKGROUND:

The Public Works Services Department applies fertilizer and pesticides in the landscape areas throughout the City. The use of general and specialized fertilizers helps to improve plant and turf health. The properly scheduled distribution of these fertilizers will stimulate healthy root and plant structure growth. The City’s urban forest also benefits from the availability of the appropriate fertilizers and pesticides that help strengthen and stimulate proper growth. The application of approved pesticides helps reduce and/or eliminate unwanted pests and weeds that can impact landscape health and appearance, while reducing the public’s exposure to pest related injuries such as Red Fire Ants or Goathead weeds in our parks, landscape areas, and paseos. Having the capability to purchase on an “as needed basis” through a variety of vendors will help the Department’s ability to respond rapidly and with the appropriate materials to achieve the application goals throughout the year. Having two vendors providing the fertilizer and pesticides helps maximize availability and accessibility to the materials used throughout the City and eliminates the potential impacts associated with the storage of these materials.

ANALYSIS:

The Public Works Services Department provided the Purchasing Division with specifications for review and to determine the best method of procurement. The Purchasing Division prepared and posted a formal Request for Bid (RFB) #22/23-103 for “Fertilizer and Pesticides Supplies on an As Needed Basis” for one (1) year firm fixed pricing to the City’s automated procurement system.

This bid was solicited as a split award to provide the greatest flexibility in staff’s ability to find the materials needed at the best price. There was a total of Thirty-Six (36) vendors that were notified and Eleven (11) prospective bidders that downloaded the solicitation documentation. Four (4) bid responses were received. Nutrien Ag Solutions and Wilbur-Ellis Co. were the two (2) lowest

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responsive bidders. All applicable bid documentation is on file in the City’s electronic bidding system and can be accessed through the City’s web page.

FISCAL IMPACT:

While the bid process provides the best pricing available, staff will continue to operate within the limits set in the adopted General and Special Fund budgets.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s Core Values of providing and nurturing a high quality of life for all by promoting and enhancing a safe and healthy community.

ATTACHMENTS:

None.

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DATE:October 4, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Frank Lopez, Assistant City Engineer
Romeo M. David, Associate Engineer
SUBJECT: Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Rochester Avenue Pavement Rehabilitation Project. (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Accept the Rochester Avenue Pavement Rehabilitation, Contract No. 2021-141 (Project), as complete;

2. Approve the final contract amount of $1,714,734;

3. Authorize the City Engineer to file a Notice of Completion and release of the project retention, 35 days after recordation of Notice of Completion, subject to any withholding requirements due to any outstanding stop notices, liens, assessments, etc.;

4. Authorize the release of the Faithful Performance Bond 35 days after recordation of Notice of Completion and accept a Maintenance Guarantee Bond;

5. Authorize the release of the Labor and Materials Bond in the amount of $1,727,000, six months after the recordation of said notice if no claims have been received and there are no outstanding payment disputes between the general contractor and subcontractors, materialmen, laborers, etc.;

6. Authorize the City Engineer to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship.

BACKGROUND:

On December 15, 2021, the City Council awarded a construction contract to Onyx Paving Company, Inc., in the amount of $1,727,000 plus 10% contingency in the amount of $172,700 to address unforeseen construction related incidentals. A vicinity map illustrating the location and segments of Rochester Avenue that received pavement overlay is included as Attachment 1. A copy of the December 15, 2021, City Council Staff Report is on file with the City Clerk. The scope of work consisted of cold milling, routing and crack sealing, asphalt rubber hot mix overlay, adjusting existing manholes, clean-outs, water meters, and valves to new grade, installation of

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pavement markers, signage, striping, upgrading existing curb ramps, video detection, green bike lane thermoplastic striping and related items of work per plans.

ANALYSIS:

The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The net increase in the total cost of the project is a result of four (4) Change Orders, including the final balancing statement, which are summarized below:

Change Order No.1: Metrolink Fees and Flaggers, additional insurance required by Metrolink.

The change in contract cost due to this change order is an increase of $15,652.

Change Order No.2: Additional striping and signing for preformed thermoplastic bicycle shared lane symbol in place of initial proposed striping. The change in contract cost due to this change order is an increase of $5,539.

Change Order No.3: Railroad right-of-way grind and pave area, work includes remobilization and re-striping. The change in contract cost due to this change order is an increase of $19,500.

Change Order No.4: The balancing statement for the project. The balancing statement conforms the final contract quantities to the actual quantities placed or constructed during the contract. The notable change is a deduction in the amount of ($52,957) resulting from a reduction of Asphalt Rubber Hot Mix in the final quantities placed under contract.

At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk will release the Maintenance Bond upon approval by the City Engineer.

FISCAL IMPACT:

Expenditure Amount
Final Construction Contract $1,714,734
Construction Inspection Services $50,638
Construction Materials Testing $46,900
Construction Survey Services $39,776
Total Project Cost $1,852,048
A total of $186,941 remains in the budget for this project and will be returned to the RMRA SB1 (Fund 179) and Measure I (Fund 177) fund balances to be used for future capital improvement projects.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This project meets the City Council core values by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of high- quality public improvements.

ATTACHMENTS:

Attachment 1 - Vicinity Map

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ATTACHMENT 1

PROJECT# 800-2021-06
" ROCHESTER AVENUE PAVEMENT REHABILITATION
6TH STREET TO ARROW ROUTE”
AND

BASE LINE ROAD TO HIGHLAND AVE

NOT TO SCALE

Project Site
Project Site

Project Site

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DATE:October 4, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jennifer Hunt-Gracia, Community Services Director Elisa Garcia, Management Aide
Ruth Cain, Procurement Manager
SUBJECT: Consideration of an Award to Southern California Sound Image, Inc. and Authorization of a Budget Transfer in the Amount of $115,770 for the Purchase of a Theatrical Public Address (PA) System for the Lewis Family Playhouse. (CITY)
RECOMMENDATION:

Staff recommends the City Council approve an award to the lowest responsive bidder, Southern California Sound Image, Inc., for the purchase of a replacement Theatrical Public Address (PA) System for the Lewis Family Playhouse at the Victoria Gardens Cultural Center, in accordance with RFB No. 22/23-100. In addition, authorize a budget transfer in the amount of $115,770 from 1001407-5300/5415407-00005300 to 1001407-5603/5005407-00005603 for this expense.

BACKGROUND:

The City of Rancho Cucamonga installed the current Yamaha Nexo Geo Theatrical Public Address (PA) System in 2005 during the theater’s original construction. Since its initial installation, the system has proven to be underpowered and inadequate for the space, resulting in the rental of additional sound equipment for many shows. After 17 years of use, much of the equipment is obsolete and no longer being supported by the manufacturer.

Recently, the Cultural Center staff sought the assistance of a sound designer to determine specifications for necessary equipment that will better meet the space’s needs and provide the best sound in the Playhouse. The information provided was used to determine the specifications for this bid and ensure ample sound in the venue, thereby meeting the artists’ needs without the use of a third-party rental equipment.

The portable pieces of the existing system, e.g., speakers and amplifiers, will be repurposed and used in the courtyard upon completion of the Cultural Center Courtyard Redesign capital project.

ANALYSIS:

The Community Services Department provided specifications to the Procurement Department for the purchase of a Theatrical Public Address (PA) System. The Procurement Department prepared and posted a formal Request for Bid (No. 22/23-100). The bid was opened on July 18, 2022, and closed on August 3, 2022. A total of thirty-one (31) prospective bidders downloaded bid documents, and ultimately two (2) bid responses were received. Results were tabulated, and it was determined that Southern California Sound Image, Inc. was the lowest, most responsive bidder for the purchase.

Copies of all supporting documents are on file with the City Clerk and Procurement Offices.

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FISCAL IMPACT:

This procurement will not create a negative impact on the General Fund’s budget. The Community Services Department is requesting approval for a budget transfer of $115,762 from Victoria Gardens - Contract Services (1001407-5300/5415407-00005300) to Victoria Gardens - Capital Equipment (1001407-5603/5005407-00005603).

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This effort supports the vision and values of the City Council by building on our success as a world-class community to find a sustainable means to continue presenting high-quality arts and entertainment through continuous improvements and anticipation of future needs.

ATTACHMENTS:

None.

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DATE:October 4, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Matthew R. Burris, AICP, Deputy City Manager, Community & Economic Development
Matt Marquez, Director of Planning & Economic Development SUBJECT: Consideration of a Professional Services Agreement with Lisa Wise Consulting, Inc. for the Development of an Economic Development Strategic Pan for a Total Not to Exceed $82,500. (CITY) RECOMMENDATION:

Staff recommends that the City Council award a professional services agreement with Lisa Wise Consulting Inc. to develop an Economic Development Strategic Plan (EDSP) in the amount of $75,000 and include a contingency of $7,500 for a total not to exceed of $82,500.

BACKGROUND:

With the recent completion of the General Plan Update, there is an opportunity and a need for an updated EDSP to support the City’s economic development efforts.

The City’s last EDSP was developed in February of 2015. That policy document helped guide the City’s economic development priorities and activities for the last several years and was generated due to changing conditions at that time, including a national recession and recovery, and the end of redevelopment. The 2015 plan identified economic development related advantages and disadvantages in the City, and included strategies and actions to strengthen the advantages and address disadvantages or gaps. Along with this, the following seven priority areas were developed to help focus the City’s efforts:

1. Office Development

2. Retail Development & Revitalization

3. Business Outreach & Support

4. Industrial Development & Retention

5. Hospitality

6. Workforce Development

7. Marketing & Communications
The City’s recently updated General Pan sets forth an updated vision for Rancho Cucamonga grounded in the community values of Health, Equity, and Stewardship. Due to the age of the last EDSP, the economic shifts brought on by the COVID pandemic, and the recently updated General Plan, there is a need to develop an updated strategy for economic development.

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ANALYSIS:

As the City continues with its economic development efforts and works toward establishing itself as the cultural and economic hub of the Inland Empire, a comprehensive update to its strategy for doing so is needed. With the recent economic changes and the vision set by the General Plan update, it is crucial we establish an updated roadmap to building our local economy. Staff envisions scope tasks including, but not necessarily being limited to, the following:

1. Background Data Review
a. Review of previous EDSP & relevant background data
b. Review employment data, sales tax data, etc.

2. Leading Industry Sectors Analysis
a. Review of City industry sectors to identify leading and unique/specialized features and opportunities
b. Identify leading private sector employers
c. Develop an inventory of civic assets, attractions, and unique activities in the City

3. Competitive Market Areas Analysis
a. Regional assessment and identification of communities that compete with Rancho Cucamonga for retention and attraction of businesses and service providers across land uses and industry sectors
b. Develop inventory of attributes and assets in competitive market

4. Opportunities & Challenges Analysis
a. Identify opportunities and challenges to strengthen the City’s economy. To include consideration of policy, economic, social, and technology driven changes.

If this item is approved by the City Council, work on the new EDSP will be done in concert with the development of a comprehensive marketing and communications plan for economic development. While these may be separate documents produced by different consultants, they will be created concurrently and in practice work together with one another.

Staff is recommending that single-source award be made to Lisa Wise Consulting, Inc. for the development of the City’s Economic Development Strategic Plan. This firm was a member of the team that helped develop the City’s updated General Plan and was primarily responsible for preparing the City’s recent Development Code update. Additionally, Lisa Wise Consulting supported the City with an update of industrial development standards. Understanding that fiscal implications can vary based on different development patterns, their work was both rooted in and focused on economic realities and the City’s fiscal goals. As such, this firm offers unique experience and understanding to the EDSP update effort. Copies of supporting documents are on file with the City Clerk.

FISCAL IMPACT:

Economic development marketing and communication services will be provided over a one-year period for $75,000, along with a contingency of $7,500, for a total not to exceed of $82,500.

Funding in the amount of $60,000 is available in account number 1001301-5300 (Economic Development - Contract Services). The remaining $22,500 will be transferred from a contingency line item in account number 10001001-5300 (General Overhead – Contract Services) to fully fund the contract.

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COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s Core Values of “Providing and nurturing a high quality of life for all”, “Intentionally embracing and anticipating the future”, and “Equitable prosperity for all” by ensuring that Rancho Cucamonga’s vibrant economy ensures prosperity and opportunities now and in the future. It also addresses the Vision and Goals of the General Plan by establishing Rancho Cucamonga as the cultural and economic hub of the Inland Empire.

ATTACHMENTS:

None

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DATE:October 4, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Matt Marquez, Director of Planning and Economic Development Sean McPherson, AICP, Senior Planner
SUBJECT: Consideration of a Resolution Approving the Property Tax Exchange related to LAFCO 3256 Resulting from Annexation to the City (RESOLUTION NO. 2022-128). (CITY)
RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution approving the property tax exchange related to LAFCO 3256 resulting from annexation to the City.

BACKGROUND:

LAFCO 3256 is a proposal initiated by the property owner, Speedway Commerce Center Development, LLC, on March 21, 2022, requesting reorganization to include annexations to the City, Cucamonga Valley Water District, Rancho Cucamonga Fire Protection District, and West Valley Mosquito and Vector Control District, and detachments from Fontana Fire Protection District and County Service Area 70. The proposed property tax exchange is related to a proposed development project of two industrial buildings totaling approximately 655,000 square feet, which was approved by the City Council on January 5, 2022. The subject property tax transfer between agencies facilitates the annexation of land which is related to a previously approved development project (commonly known as the Hillwood Industrial Project), approved by City Council on January 5, 2022 which involves the construction of approximately 655,000 square feet of new industrial warehouse and distribution space as proposed by Speedway Commerce Center Development, LLC.

ANALYSIS:

The proposed reorganization area includes the following areas:

Area 1 – The proposed annexation to the City, Rancho Cucamonga Fire Protection District, and West Valley Mosquito and Vector Control District and detachment from the Fontana Fire Protection District and County Service Area 70 includes two parcels, APNs 0229-291-46 and 0229-291-23 (portion), and the northerly right of way of Napa Street encompassing approximately

4.8 acres.

Area 2 – The proposed annexation to the Cucamonga Valley Water District includes three parcels, APNs 0229-291-54, 0229-291-46 and 0229-291-23 (portion), and the northerly right of way of Napa Street encompassing approximately 37.6 acres.

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On June 30, 2022, the LAFCO issued a Notice of Filing (NOF) notifying the affected agencies of the annexation proposal. The NOF requires the San Bernardino County Auditor- Controller/Treasurer/Tax Collector to estimate the property tax revenue and proportions by agency, which is used to establish the property tax revenue amounts to be transferred. A determination of the property tax revenue exchange associated with the jurisdictional change must occur prior to issuance of the Certificate of Filing by LAFCO. The property tax exchange associated with this action will only be effective upon completion of the reorganization proceedings. In accordance with Section 99 of the California Revenue and Taxation Code, the Board of Supervisors (Board) must, on behalf of any impacted special district, negotiate any exchange of property tax revenues and adopt a resolution related to the property tax exchange.

FISCAL IMPACT:

Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). Approval will potentially result in ongoing reductions of $37 in funding for the County Free Library and $49 for the County General Fund due to the transfer of property tax revenue from the County to the City of Rancho Cucamonga (City). However, the City will assume responsibility and cost for municipal services in that portion of the reorganization area. The proposed transfer does not affect County Service Area 70 as it currently does not receive property tax revenue for the reorganization area. The property tax exchange associated with this action will only be effective upon completion of the reorganization proceedings.

The recommended redistribution of property tax revenue as a result of the pending reorganization related to Local Agency Formation Commission (LAFCO) proposal LAFCO 3256 is as follows:

Affected Agency Transfer from Transfer to
County General Fund $49
County Free Library $37
County Service Area 70 $0
Fontana Fire Protection District $480
City of Rancho Cucamonga $86
Ranch Cucamonga Fire Protection District $480
Transfer Total $566 $566
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

Approving the property tax transfer between agencies facilitates the annexation of land which is related to a previously approved development project (Hillwood Industrial Project), approved by City Council on January 5, 2022 which involves the construction of approximately 655,000 square feet of new industrial warehouse and distribution space which in turn fulfills the City Council core values of “intentionally embracing and anticipating the future” and “continuous improvement”.

ATTACHMENTS:

Attachment 1 – County Property Tax Transfer Exhibit
Attachment 2 – Resolution No. 2022-128

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City of Rancho Cucamonga Percent of TRA: 4.990572
TRA 15026 # 70005 GRAND TOTAL
Assessed Value 41,665,000$ 3,680,000$ 45,345,000$
RDA Increment -$ 3,409,943$ 3,409,943$
Net Value After RDA / TRA Frozen Base 41,665,000$ 270,057$ 41,935,057$ Tax Revenue 416,650$ 2,701$ 419,351$
Change In
Base Year
2022-23
Change In
Base Year
2022-23
Change In
Base Year
2022-23

TRANSFER FROM
COUNTY GENERAL FUND Not applicable (49)$ (49)$
COUNTY FREE LIBRARY Not applicable (37)$ (37)$
COUNTY SERVICE AREA 70 Not applicable -$ -$
FONTANA FIRE PROTECTION DISTRICT Not applicable (480)$ (480)$ Total Transfers From -$ (566)$ (566)$

TRANSFER TO
CITY OF RANCHO CUCAMONGA Not applicable 86$ 86$
CUCAMONGA VALLEY WATER DISTRICT -$ -$ -$
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Not applicable 480$ 480$ WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Not applicable -$ -$ Total Transfers To -$ 566$ 566$
LAFCO 3256
Reorganization to Include Annexations to the City of Rancho Cucamonga, Cucamonga Valley Water District, Rancho Cucamonga Fire Protection District, and West Valley Mosquito and Vector Control District, and Detachments from Fontana Fire Protection District and County Service Area 70 Exhibit A

0.04990572

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Attachment 1

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RESOLUTION NO. 2022-128

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, SETTING THE AMOUNT OF

PROEPRTY TAX REVENUES TO BE EXCHANGED BETWEEN AND

AMONG THE CITY OF RANCHO CUCAMONGA, RANCHO

CUCAMONGA FIRE PROTECTION DISTRICT, FONTANA FIRE

PROTECTION DISTRICT, CUCAMONGA VALLEY WATER DISTRICT, SAN BERNARDINO COUNTY, COUNTY SERVICE AREA 70, AND OTHER

AFFECTED AGENCIES RESULTING FROM THE JURISDICTIONAL
CHANGE DESCRIBED BY LAFCO 3256
A. RECI
TALS:

1. Pursuant to Section 99 of the Revenue and Taxation Code, prior to the issuance of a Certificate of Filing by the Local Agency Formation Commission Executive Officer, the governing bodies of all local agencies whose service responsibilities will be altered by change of organization shall negotiate and determine by resolution the amount of property tax revenues to be exchanged between and among such local agencies.

2. Ex
cept as provided in Section 99.01 of the Revenue and Taxation Code, in the event that a jurisdictional change would affect the service area or service responsibility of one or more special districts, the Board of Supervisors shall, on behalf of all special districts, negotiate any exchange of property tax revenues.

3. The Boar
d of Supervisors of the County of San Bernardino has determined the amount of property tax revenues to be exchanged as a result of the following jurisdictional change:

LAFC
O 3256 – REORGANIZATION TO INCLUDE ANNEXATIONS TO THE CITY OF RANCHO

CUCAMONGA, CUCAMONAGA VALLEY WATER DISTRICT, RANCHO CUCAMONGA FIRE

PROTECTION DISTRICT, AND WEST VALLEY MOSQUITO AND VECTOR CONTROL DISCTRICT,

AND DETACHMENTS FROM FONTANA FIRE PROTECTION DISTRICT AND COUNTY SERIVCE AREA 70 (Speedway Commerce Center)

4. WHE
REAS, All legal prerequisites prior to the adoption of this Resolution have occurred.

B. RE
SOLUTION:

NOW
, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES:

1. The negot
iated exchange of property tax revenue between the City of Rancho Cucamonga , the Rancho Cucamonga Fire Protection District, the Fontana Fire Protection District, Cucamonga Valley Water District, San Bernardino County, and County Service Area 70, attached hereto as Exhibit A and incorporated herein by reference, resulting from the above-described jurisdictional change, is accepted.

2. The annual
tax increment generated in the area subject to the jurisdictional change and attributable to the local agencies whose service area or service responsibilities will be altered by the proposed jurisdictional change shall be allocated in future years pursuant to the provisions of Section 98 of the Revenue and Taxation Code.

3. The Ci
ty C ouncil hereby determines that the adoption of this Resolution is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Attachment 2

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adoption of this Resolution may have a significant effect on the environment. This Res olution only addresses the property tax exchange between the agencies involved in the proposed annexation. An environmental impact report (EIR) was previously prepared and certified for the Speedway Commerce Center project, including the proposed annexation therein.

4. The City Clerk shall certify to the adoption of this Res olution and shall cause a certified c opy to be sent to the Executive Officer of the Local Agency Formation Commission of he Cou nty of San Bernardino.

APPROVED AND ADOPTED THIS 4TH DAY OF OCTOBER, 2022.

CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
BY:

L. Dennis Michael, Mayor
I
, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 4 th day of October 2022, by the following vote:

AYES: CO
UNCILMEMBERS:

N
OES: COUNCILMEMBERS:

ABSEN
T: COUNCILMEMBERS:

AT
TEST:_______________________________
City Clerk of the City of Rancho Cucamonga

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DATE:October 4, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: John R. Gillison, City Manager
Matt Burris, Deputy City Manager
Jason Welday, Director of Engineering Services
SUBJECT: Consideration of a: 1) Disposition and Development Agreement with DesertExpress Enterprises, LLC (dba Brightline West) and the San Bernardino County Transportation Authority (SBCTA) for a Portion of Property Located at the Northwest Corner of Milliken Avenue and Azusa Court, Including Easements Across Portions of Right-Of-Way on 8th Street, Milliken Avenue, and the Cucamonga Station Property, for the Development of a Station and Track as Part of a High Speed Rail System with an Origin/Terminus Between Las Vegas Nevada and the Cucamonga Station in Rancho Cucamonga (CITY); 2) Amendment No. 2 to Cooperative Agreement No. 94-001 by and between the San Bernardino County Transportation Authority (SBCTA) and the City of Rancho Cucamonga with regard to the management of jointly owned property at Cucamonga Station, all of which is located in the Haven-Arrow-Rochester- Transit (HART) District in the City of Rancho Cucamonga. (CITY) RECOMMENDATION:

Staff recommends that the City Council approve the following:
1) The Disposition and Development Agreement with DesertExpress Enterprises, LLC (dba Brightline West) and the San Bernardino County Transportation Authority (SBCTA) for a portion of property located at the northwest corner of Milliken Avenue and Azusa Court, including easements across portions of right-of-way on 8 th Street, Milliken Avenue, and the Cucamonga Station Property attached hereto as Attachment 1.
2) Amendment No. 2 to Cooperative Agreement No. 94-001 by and between the San Bernardino County Transportation Authority (SBCTA) and the City of Rancho Cucamonga with regard to the management of jointly owned property at Cucamonga Station attached hereto as Attachment 4.

BACKGROUND:

Brightline Florida
The City of Rancho Cucamonga has been working with Brightline West and the San Bernardino County Transportation Authority (SBCTA) for several years to bring high-speed rail from Las Vegas, Nevada to Rancho Cucamonga, California. The proposed line would begin in Las Vegas Nevada near the west end of the City, parallel the 15-freeway corridor, with stops in Apple Valley and Hesperia before reaching its final terminus at Cucamonga Station in Rancho Cucamonga.

Brightline West, which currently operates a private higher speed (but not high speed) commuter

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rail system in Florida, has also been working concurrently with the States of Nevada and California for approval to locate in the freeway right-of-way, as well as the Federal Government for the appropriate National Environmental Protection Act (NEPA) review and approval.

Brightline Florida is an existing rail line featuring frequent, comfortable, modern trains that travel at higher speeds (80-125 mph). The service began in 2018 as the first privately held intercity passenger railroad in the United States in nearly 40 years. In 2018 over 579,000 riders used the service, with another 885,000 using it in 2019. The service has proven extremely well utilized even with just three initial stations. Brightline Florida makes frequent departures a priority, offering 17 per day in both directions.

With more trains come faster overall trips. And with hourly departures from the early morning to late in the evening, the Brightline train schedule ensures its customers have the flexibility to make and change their plans without having to worry about the train schedule. Additional services accommodate major sporting and concert events, with adjustable departure times to ensure fans can rely on catching the train home. Brightline also uses modern equipment for passenger comfort and smooth operation. Unified train sets make for safe and easy passage between cars.

Finally, Brightline includes a ride share service, Brightline +, which makes reserving a Tesla or shared van fixed route shuttle a one-stop experience while purchasing your train ticket, through their Brightline App. This end-to-end service compares very favorably to air travel which further enhances Brightline’s competitiveness.

More trains and faster speeds on an at grade railroad line with many vehicular and pedestrian crossings brings its own challenges. Brightline’s safety record in Florida has been difficult with over 58 deaths since 2017, the worst per-mile fatality rate in the nation. Of note, however, is that none of these deaths were due to crew error or faulty equipment all were related to suicides or pedestrians and drivers trying to beat the trains. Due to the largely grade separated nature of Brightline West, with limited crossings, this is not expected to be a concern for the current Brightline West project.

Additionally, Brightline has proven responsive to community noise concerns. Responding to citizen concerns about increased noise from additional horns, the company has previously stated that it will work with local communities in Florida to implement quiet zones where possible. Federal law requires quiet zone requests to originate from the local authority that has jurisdiction over the roadway, not the railroad company. Quiet zones in Florida have gone into effect in the Miami and West Palm Beach areas as well as Boca Raton. The "no train horn" areas apply to all trains, freight and passenger. Quiet Zones remove the legal duty of a train engineer to sound the horn.

Train engineers do still use the horn in quiet zones for emergency situations. Rancho Cucamonga anticipates working with SBCTA to gradually implement Quiet Zones in the west end of San Bernardino County where greater population density and more at-grade crossings make this a future priority.

Brightline is owned by Florida East Coast Industries, which in turn is owned by Fortress Investment Group. Fortress Investment Group is an investment management firm based in New York City. It was founded in 1998 as a private equity firm by Wes Edens, Rob Kayfmann and Randal Nardone. In 2007 when it launched on the New York Stock Exchange it was the largest publicly traded private equity firm. As of June 30, 2020, the firm managed $45.5 billion in private equity, liquid hedge funds and credit funds. Fortress owns Florida East Coast Industries heavy freight, Brightline Florida and Brightline West, Penn National Gaming a casino and horse racing operator and many others.

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In Florida, Brightline is being built in phases to maximize revenue and capitalize on infrastructure improvements as they are completed. In early 2018, trains began serving Miami, Fort Lauderdale, and West Palm Beach. In 2022, service will be extended to Orlando International Airport, following a $4 billion expansion project. The company is now considering extending the line from the airport to Tampa with potential stops at Walt Disney World and in Lakeland as well as a link to Orlando's SunRail commuter train. Brightline West anticipates building the Las Vegas to Rancho Cucamonga in one phase, although an additional connection to the State High Speed Rail in Palmdale is a likely future phase of the project.

Brightline’s Approach to High-Speed Rail Construction
A common challenge to building new rail lines is land acquisition, which can be expensive, slow and controversial. Brightline, much like Metrolink, has circumvented this problem by building new infrastructure within existing transportation corridors. In Florida, Brightline upgraded the existing Florida East Coast Railway mainline for use as a shared rail corridor. In other Florida locations, agreements were reached to use the existing right-of-way of the Beachline Expressway. The latter is similar in concept to Brightline West’s proposed use of the 15-freeway corridor from Las Vegas to Rancho Cucamonga. Use of these existing corridors allows Brightline to avoid purchasing thousands of individual parcels and keeps the project relatively more reasonable in price.

Brightline's success is built at least in part on its cooperative relationship with Florida East Coast Railway, their host freight railroad. The two companies coordinate passenger and freight operations so trains run on time. This helps ensure Brightline's reliable frequency – a key selling point for travelers. Brightline West by contrast will have the entire 15 freeway rail line to itself, so no external coordination is necessary. This exclusive use will enable Brightline West to capitalize on reliability and frequency which as noted above, are key for travelers.

Florida East Coast Industries, Brightline’s parent company in Florida, also owns and develops real estate near the new stations to capitalize on concentrated travel activity. This revenue channel helps strengthen the company's long-term viability and appeal to investors, who are the financial foundation of the enterprise. This concept is similar to what Brightline West originally proposed for Cucamonga Station, before changing to a more traditional railroad-only model.

Florida East Coast Industries real estate investment in downtown Miami alone is estimated to be worth over $500 million. Brightline’s parent companies are engaged or expected to engage in extensive real estate development around the Las Vegas and Apple Valley Stations. Recently, Wes Edens one of the co-owners of Fortress Investment (parent of Brightline West) announced that on the eastern end of the Brightline West high speed commuter rail line, at Las Vegas Boulevard and Warm Springs Road, Brightline controls a 110-acre site once coveted by the Oakland A’s as a ballpark site, but the plan now is for Brightline to use it for development and a 65,000-square-foot terminal—as well as potentially a new indoor MLS soccer stadium for the team which Mr. Edens co-owns.

Brightline is also adept at public-private partnerships. In Florida they have primarily funded the network expansion through private activity bond allocations. Private Activity bonds (PAB’s) are bonds issued by or on behalf of a government for the purpose of providing special financial benefits for qualified projects. The financing is generally for private user projects, and if specific criteria are met, the bonds may be tax exempt. For Brightline in Florida, the private activity bonds were tax exempt and were issued through the Florida Development Finance Corporation which helped attract billions of dollars in private capital, helping make Brightline more competitive with publicly financed transportation systems like highways and airports.. Similarly, Brightline West proposes to make substantial use of federal private activity bonds, made possible thru the new infrastructure bill, to fund (in partnership with the State of Nevada and the State of California) the

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Las Vegas to Cucamonga Station line. The Infrastructure Investment and Jobs Act signed into law in November of 2021 increased the available federal authority for PABs from 15 billion to 30 billion dollars. Brightline West is already approved for $1 billion in PABs from the United States Department of Transportation for the Nevada to California line and they anticipate applying for additional funding. An application may also be made for either Nevada or California state issued PAB’s as well. Finally, Brightline West is anticipated to bring private equity financing to the project as well.

Another interesting Florida analogy is the comparison of Brightline's new Orlando station located in the Orlando International Airport that arguably offers the most direct connection from an intercity rail line to an airport terminal in the United States. Brightline passengers will have pedestrian access from the train station to the new Terminal C being built on the south end of the airport as well as to the existing Terminals A and B via the elevated people mover system. This kind of convenient link between trains and planes is common in Europe and Asia and is a key factor in making both more successful. Similarly, thru the SBCTA underground tunnel from Cucamonga Station located in the Haven-Arrow-Rochester Transit District (HART), Brightline and Metrolink passengers as well as West Valley Connector bus rapid transit passengers will have convenient access to the new Terminal 2 at Ontario Airport, to be built between Terminal 1 and 3, which will provide similar convenience to the Florida system and is expected to benefit Ontario International Airport, Brightline West and Metrolink.

ANALYSIS:

Project Description
Brightline West proposes to construct a 180+ mile rail line connecting Las Vegas, Nevada to Rancho Cucamonga, California along the 15-freeway corridor. Expected top speed of the zero- emission all electric train sets is 180 mph (true high-speed rail exceeds 125 mph) and the entire trip should take between 2 and 3 hours. In Las Vegas the train station will be adjacent to The Strip and Interstate 15. In Rancho Cucamonga, the train station, located in the HART District, will be collocated with the existing Cucamonga station for Metrolink (Los Angeles to San Bernardino) and with a transfer allow access to anywhere along the Metrolink line, including all the way to downtown Redlands or Los Angeles, as well as direct access to Ontario International Airport through the SBCTA tunnel, or through the West Valley Connector to Victoria Gardens.

There will be intermediary stops in both Apple Valley and Hesperia for highspeed rail Along with the train line, Brightline West will construct all stations including related parking facilities.

Presently, approximately 50 million one-way trips are made annually between these two destinations with 85% of them by car or bus. Those trips can take anywhere from 4 – 6 hours depending upon traffic conditions. At full operations, Brightline West expects to attract approximately 22% of the market or 11 million one-way trips each year. This will provide a significant reduction in GHG to both California and Nevada and improve the transportation experience for both freight and passengers who continue using the 15 freeway, thus benefitting SBCTA. The elevated train experience residents and tourists have come to expect (and love) in South Florida will be offered along this route as well, including but not limited to free onboard Wi- Fi, fully ADA accessibility from station to train, a wide selection of food and beverage, checked luggage and hotel check-in services.

Sale of Station Property under the Disposition and Development Agreement (“DDA”) To facilitate the project noted above, a number of related transactions are required. For Cucamonga Station, the primary vehicle is a 3-party DDA between SBCTA, the City and DesertXpress Enterprises, LLC (dba Brightline West). The Brightline West High Speed Rail Station site at Cucamonga Station in the HART District is a portion of the existing Cucamonga

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Station parking lot jointly owned by the City and SBCTA, located on the easterly side of the Cucamonga Station, together with a small area of San Gabriel Subdivision right of way owned by SBCTA, and additional easement rights some of which are owned by the City of Rancho Cucamonga within the slope portions of the Milliken Avenue right of way as well as 8 th Street to the east of the station area. Key points of the property transaction are:
•The City and SBCTA jointly own as tenants in common the Metrolink Station property (the “Station Property”) otherwise known as Cucamonga Station. All the terms of the DDA were the product of 3-way negotiations between the City, SBCTA and Brightline West.

Due to the complicated nature of these discussions, this process has taken an extended time.
•Under the DDA, the City and SBCTA will sell a +5 acre portion of the eastern half of the Station Property to Brightline for their station and parking structure (plus additional area for various easements) . The sale price will reflect fair market value as determined by an appraisal conducted between three and six months prior to the closing date, ensuring that the City and SBCTA receive the benefit of any increase in property values prior to the closing date. A current appraisal (using a mutually agreed upon appraiser) is under way presently, using older valuation data, and that appraisal will be updated again, closer to the closing date. The revenue generated by the sale will be distributed evenly between the City and SBCTA and is expected to be used by SBCTA to improve the parking and train station on site and by the City of Rancho Cucamonga for economic development purposes to defray the local public safety and infrastructure impacts of the overall project. Brightline is responsible for all closing costs. •Brightline cannot close on the property until it has provided the City a project construction budget, evidence of sufficient financing sources, and a construction contract, among other conditions. The purpose of these conditions is to verify that Brightline has the necessary resources to timely construct the high-speed rail station before the City and SBCTA sell the property to Brightline. Closing must occur before December 31, 2025. •As a condition of the sale, Brightline will be required to construct and operate a high-speed rail station, including a parking structure, on the property. Brightline must comply with a schedule of performance to ensure that the proposed station is built in a timely manner. The schedule of performance requires Brightline to: (1) commence construction no later than three years after closing; (2) complete the station within seven years after closing; and (3) commence operation of the high-speed rail line within 18 months after completion of the station. If Brightline does not comply with these milestones (subject to force majeure delays), the City and SBCTA will have a “reversionary” right to re-acquire the property from Brightline.
•SBCTA has a concern that, even with commuter service from Hesperia to Cucamonga Station, the potential future use of Cucamonga Station may be so impacted by Metrolink Commuters who continue to drive to the station, that little to no loss of present parking capacity should occur. While the City does not concur with this assessment and nothing in the history of the Metrolink service to date suggests this is likely to occur, the parties agreed to mutually work together to address SBCTA’s concerns. To mitigate SBCTA’s concerns, the City and SBCTA will retain ownership of an approximately 66,340 square foot (1.5 acre), eight-foot high, area on the ground floor of the high-speed rail station parking structure for an additional 194 spaces dedicated to Metrolink customer parking in addition to the existing 325 spaces that will remain in the western Metrolink lot plus the reconfigured 105 spaces that will remain on the east side of the existing bus loop. •Section 2.5.7 of the Agreement provides that within 90 days following the effective date, all parties shall have approved (in their sole and absolute discretion) a recordable document in the nature of covenants, conditions and restrictions and easements that

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coordinates the ownership and operation of the property being sold and retained.

Anticipated items to be included are a pedestrian easement to the Metrolink Station site from the parking area, a utility easement through the parking area for the retained Metrolink parking, an easement for the pillars and support beams necessary for construction, a reciprocal use restriction, a right of first negotiation/offer, the reversionary rights for the property, construction and operation insurance and indemnity provisions, maintenance and access requirements, an obligation to maintain the Station property at all times while high speed rail through the City is in operation, a pedestrian easement for the existing tunnel to the north side of the tracks, and a temporary construction easement.

The Temporary Construction Easement will address the potential use for construction parking and staging purposes on the City owned site at Anaheim Place and Milliken, The beginning and end of the temporary construction easement and the terms are critical such that they do not impair the City’s ability to develop or sell the Milliken site for economic development purposes.
•Section 3.4 of the agreement provides that the Developer shall comply with Plans and Specifications approved by the City and SBCTA, including Exhibit H the site plan, and that although changes may be required, those changes shall not be substantial in nature. •Until Brightline begins construction, the site will continue to be used for Metrolink customer parking.
•The DDA will reserve an easement beneath the southwest corner of the high-speed rail station property to allow for SBCTA’s future tunnel project to the Ontario International Airport. It is anticipated that once the plans and specifications for the tunnel project are finalized, the tunnel ingress/egress will be constructed in the Metrolink west parking area.

While the tunnel project is a project fully under the control of SBCTA, the City is and anticipates cooperating with SBCTA on the relevant details to bring the project to fruition. •Inspector of Record Process – as noted previously, due to the jurisdiction of the federal Surface Transportation Board, local permitting including building permits, are preempted by the Interstate Commerce Commission Termination Act. The City engaged in dialogue with Brightline about voluntary permits, however, Brightline was concerned about timeliness and precedent and no agreement was reached. All parties agreed, however, that there was a shared interest in safe construction and operation of the project. Based on that shared interest, Exhibit H to the DDA outlines an Inspector of Record Process. The Project will conform to the substantive provisions of the City’s technical codes and grading standards. Both parties will mutually agree on several qualified firms who can provide plan check and inspection services. The selected firm by Brightline will be the Inspector of Record and will be required to provide biweekly stamped/approved reports to the City and SBCTA. City inspectors are allowed to enter the property and inspect construction.

Final determination of any concerns will reside with the Inspector of Record. The exception is that Rancho Cucamonga Fire retains the right to review and approve plans and conduct inspections in accordance with all project improvements related to safety.

Conveyance of Other Real Property Interests under the DDA In addition to the Station Property, the City and/or SBCTA will convey the following real property interests to Brightline for its high-speed rail system:
•The City will convey an easement along 8 th Street between the Station Property eastward to approximately Rochester Avenue for elevated rail tracks (the “8 th Street Easement”). The City Engineer will review the location of the tracks supporting columns to ensure they do not interfere with public improvements and traffic safety. •The City will convey an easement over a portion of the Station Property’s parking lot adjacent to Milliken Avenue for Brightline’s parking structure ramp and driveway (the

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“Milliken Easement”). This easement is setback 20 feet from Milliken to preserve space for a future widening of the street. A driveway will connect Milliken to the high-speed rail station.
•The City and SBCTA will convey an easement across the northwestern portion of the Station Property to Brightline for elevated rail tracks (the “Aerial Easement”). The Aerial Easement will be for aerial platform improvements supported by columns, over property owned jointly by the City and SBCTA. This easement area is approximately 0.74 acres generally with a sixteen (16) foot clearance between the ground and the aerial easement area. The Aerial Easement provides Brightline with non-exclusive access rights across the property jointly owned by SBCTA and the City to get to the Aerial Easement area and defers to future right of entry agreements any need for rights above and beyond access for use of the underlying City/SBCTA property for performing maintenance or repairs to the aerial platform. Performance provisions under the Aerial Easement have been modeled after the main DDA in terms of time.
•SBCTA will convey a fee interest in a strip of land (San Gabriel Subdivision or SGS) to Brightline on the northern portion of the Station Property. Terms of this conveyance are the same as the DDA’s conveyance of the jointly owned property noted above.

All of the real property interests noted above will be sold to Brightline at their appraised fair market value.

Rancho Cucamonga Station Cooperative Agreement Amendment No. 2 Amendment of Cooperative Agreement 94-001 for the Rancho Cucamonga Station Cooperative Agreement conforms or adds provisions regarding the cost of insurance and who will obtain property insurance as part of a county wide effort to align the insurance environs at the stations with respect to core station assets such as platforms, canopies, and grade separated pedestrian crossings, operating hours, the share of proceeds, and modernizing the indemnity provisions of the agreement to bring greater uniformity among the various station cooperative agreements throughout the county. The amendment also updates the agreement language concerning what actions constitute termination of the agreement, by removing many outdated provisions which only applied prior to construction of the station and allowing the San Bernardino County Transportation Authority (SBCTA) and the City of Rancho Cucamonga (City) to sell a portion of the station site without causing the Station Cooperative Agreement to terminate, but instead removing the portion sold from the Station Cooperative Agreement.

Compensation
On March 2, 2022, the San Bernardino County Transportation Authority (SBCTA) Board of Directors approved Lease Agreement 22-1002723, leasing a portion of the SGS to DesertXpress Enterprises, LLC (DXE) for their Brightline West High Speed Rail Project (Project). The rent under the terms of the original agreement is $1 per year for the initial 50-year term and the 49-year optional term to extend. The $1 per year consideration was supplemented by an obligation requiring DXE to enter into a supplemental agreement for the provision of local rail service between a station to be constructed in the high desert region and the Cucamonga Station. The weekday operation of local rail service during the morning and afternoon hours connecting Rancho Cucamonga and the high desert is expected to provide congestion relief on the I-15 corridor through the Cajon Pass which would otherwise be cost prohibitive for SBCTA to achieve through other means. In addition, SBCTA is updating their agreement with Brightline West to Fair Market Value rent based on a current appraisal which is then updated every 3 years to be adjusted by the change in Consumer Price Index for San Bernardino County.

Slightly differently positioned in terms of revenue and expenses than SBCTA, the City of Rancho

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Rancho Cucamonga City CouncilOctober 4, 2022

Rancho Cucamonga City Council
October 4, 2022