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.”
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.”
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.”
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.”
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.”
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.”
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.”