Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Ashley Stickler
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
February 15, 2023
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.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at https://www.cityofrc.us/yourgovernment/citycouncilagendas or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution of the agenda packet will be made available in the City Clerk Services Department during normal business hours at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will be posted on the City’s website at https://www.cityofrc.us/yourgovernment/citycouncilagendas .
CLOSED SESSION – 4:30 P.M.
TAPIA CONFERENCE ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OF HUMAN RESOURCES; ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR; AND NOAH DANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE)
D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 1089593010000 COMMONLY KNOWN AS ADDRESS 7150 ETIWANDA, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JIM BANKS REPRESENTING ETIWANDA HISTORIC SOCIETY, REGARDING PRICE AND TERMS. (CITY) D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICE AND TERMS OF PAYMENT. (CITY)
D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ADJACENT TO 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913127; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND ATCHISON TOPEKA & SANTA FE RR CO., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY) D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS A PORTION OF 8TH STREET LYING ON THE NORTHWEST CORNER OF THE INTERSECTION OF ARCHIBALD AVENUE AND 8TH STREET, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES JASON WELDAY, DIRECTOR OF ENGINEERING SERVICES REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND VICTOR LOPEZ, DIRECTOR OF TRANSIT AND RAIL REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, REGARDING PRICE AND TERMS. (CITY) D6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
CHAO PING YANG, ET AL., SBSC CASE NO.: CIVSB2201957. (CITY) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY AT 8730 KING RANCH ROAD, PORTIONS OF PARCEL NUMBER 0200 051480000, AND 0200051490000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JONATHON KING, PROPERTY OWNER; REGARDING PRICE AND TERMS. (CITY)
D8. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; IN RE NATIONAL PRESCRIPTION OPIOID LITIGATION, 1:17MD2804, MDL NO. 2804 (FEDERAL DISTRICT COURT N.D. OHIO) (CITY) D9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.
MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. (CITY)
D10. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: ANTICIPATED LITIGATION:
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: (1 CASE). ON JANUARY 24, 2023, THE CITY ENGINEER DETERMINED THAT TENTATIVE TRACT MAP NO. 16072 EXPIRED WITHOUT SATISFYING ALL REQUIRED CONDITIONS. THIS TRANSACTIONAL OCCURRENCE MIGHT RESULT IN LITIGATION AGAINST THE CITY. THE CITY HAS ALSO RECEIVED A LETTER FROM THE SUBDIVIDER’S ATTORNEY THREATENING LITIGATION AS A RESULT OF THE CITY ENGINEER’S DETERMINATION. THE LETTER IS AVAILABLE FOR INSPECTION IN THE CITY CLERK’S OFFICE. (CITY)
D11. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE; THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITYOWNED PUBLIC ART. THE CITY HAS RECEIVED A CLAIM PURSUANT TO THE GOVERNMENT CLAIMS ACT WHICH IS ON FILE IN THE OFFICE OF THE CITY CLERK – CITY E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
B1. Presentation of a Certificate of Sympathy in Memory of Chef Gamboa of Five Star Catering, for his Dedicated Service to the Community, and his Ability to Bring People Together through his Hospitality and Innovative Cuisine.
B2. Recognition of Etiwanda High School Football Team for Winning the California Interscholastic Federation (CIF) Southern Section Championship.
B3. Proclamation Recognizing the Month of February 2023 as National Black History Month.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of January 18, 2023 and February 1, 2023.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,843,406.47 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $5,588,143.79 Dated January 23, 2023, Through February 05, 2023, and City and Fire District Electronic Debit Registers for the Month of January in the Total Amount of $2,025,605.13. (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $97,315.00 Dated January 23, 2023, Through February 05, 2023. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of January 31, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5. Consideration to Cancel the Regular Meetings of the Fire Protection District, Successor Agency, Public Financing Authority, and City Council on March 1, 2023, and January 3, 2024, and Reschedule the September 20, 2023 Meeting to September 19, 2023. (CITY/FIRE) D6. Consideration of a Funding Agreement with the San Bernardino County Transportation Authority (SBCTA) for the Cucamonga Station/Milliken Avenue Traffic Study; Authorization of Amendments and Scope Changes by the City Manager and City Engineer; and Authorization of Related Appropriations for Revenue and Expenditures. (CITY) D7. Consideration of a Professional Services Agreement with Empire Economics, Inc., for the Development of Annual Forecasting of the City’s Economic and Housing Conditions, and Supplemental Analyses on an as Needed Basis, in an Amount not to Exceed $150,000. (CITY) D8. Consideration to Accept Grant Revenue in the Amount of $28,522 Awarded by the Department of Homeland Security for the Fiscal Year 2021 Homeland Security Grant Program; and Authorization to Appropriate $28,522 for Approved Grant Expenses. (CITY/FIRE) D9. Consideration to Approve the Memorandum of Understanding Between the Scripps Institution of Oceanography and the Rancho Cucamonga Fire Protection District Relating to Site Access and Use of the AllRisk Training Center Tower. (FIRE)
D10. Consideration of a Professional Service Agreement with Upbeat Parade Productions for the 2023, 2024, and 2025 Founders Day Community Parade in an Amount Not to Exceed $60,000. (CITY)
D11. Consideration of an Increase to Contract No. 18121 for KWALL, LLC in the Amount of $77,500 for Additional Subsites to the City Website for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond®, and to Authorize an Appropriation in the Amount of $38,750. (CITY)
D12. Consideration for Approval of Amendment No. 2 to the 2011 Amended and Restated Lease Agreement 09253 with Rancho Baseball, LLC. (CITY)
D13. Consideration of Approval of Amendment No. 4 to Contract 19072 with SMG – Rancho Cucamonga Premier Food Services LLC and to Extend the Expiration Date of Amendment No. 1 by Five (5) Months until June 30, 2023. (CITY)
D14. Consideration of Amendment No. 07 to the Agreement with Pacific Utility Installation, Inc. (CO#19085) in the Amount of $565,450, Plus a 10% Contingency and Appropriation of Funds in the Amount of $622,050 from the Municipal Utility Fund (Fund 705) for Multiple RCMU Line Extension Projects. (CITY)
D15. Consideration to Accept Public Improvements as Complete, File a Notice of Completion, and Authorize Release of Bonds for the FY202122 Major Arterials Pavement Rehabilitation Project. (CITY)
D16. Consideration of an Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 7 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. DRC202000022, Located at 5686 San Marino Way. This item is exempt from the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines under CEQA Section 15303 – New Construction or Conversion of Small Structures. (RESOLUTION NO. 2023009) (RESOLUTION NO. 2023 010) (RESOLUTION NO. 2023011) (CITY)
D17. Consideration of Parcel Map 20251, Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance Districts Nos. 1 and 6 Related to Case No. SUBTPM20251, Located 650 Feet East of Etiwanda Avenue North of Napa Street at 13160 and 13120 Napa Street. (RESOLUTION NO. 2023012) (RESOLUTION NO. 2023013) (RESOLUTION NO. 2023 014) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of Resolution of Necessity of the City Council of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Atchison Topeka & Santa Fe RR Co., Located in City of Rancho Cucamonga, San Bernardino County Tax Assessor’s Parcel Number 022913127). (RESOLUTION NO. 2023015) (CITY) F2. Consideration of First Reading and Introduction of Ordinance No. 1016, to be Read by Title Only and Waive Further Reading, Repealing Chapter 9.34 of the Rancho Cucamonga Municipal Code to End the Narcotics and GangRelated Crime Eviction Program. (ORDINANCE NO. 1016) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT H. CITY MANAGER'S STAFF REPORT(S)
I. COUNCIL BUSINESS
I1. Consideration to Approve the Reappointments of Two Members to the Public Art Committee. (CITY) I2. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I3. 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 Chef Gamboa of Five Star Catering.
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
Ashley Stickler
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
February 15, 2023
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.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at https://www.cityofrc.us/yourgovernment/citycouncilagendas or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution of the agenda packet will be made available in the City Clerk Services Department during normal business hours at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will be posted on the City’s website at https://www.cityofrc.us/yourgovernment/citycouncilagendas .
CLOSED SESSION – 4:30 P.M.
TAPIA CONFERENCE ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OF HUMAN RESOURCES; ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR; AND NOAH DANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE)
D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 1089593010000 COMMONLY KNOWN AS ADDRESS 7150 ETIWANDA, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JIM BANKS REPRESENTING ETIWANDA HISTORIC SOCIETY, REGARDING PRICE AND TERMS. (CITY) D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICE AND TERMS OF PAYMENT. (CITY)
D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ADJACENT TO 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913127; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND ATCHISON TOPEKA & SANTA FE RR CO., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY) D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS A PORTION OF 8TH STREET LYING ON THE NORTHWEST CORNER OF THE INTERSECTION OF ARCHIBALD AVENUE AND 8TH STREET, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES JASON WELDAY, DIRECTOR OF ENGINEERING SERVICES REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND VICTOR LOPEZ, DIRECTOR OF TRANSIT AND RAIL REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, REGARDING PRICE AND TERMS. (CITY) D6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
CHAO PING YANG, ET AL., SBSC CASE NO.: CIVSB2201957. (CITY) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY AT 8730 KING RANCH ROAD, PORTIONS OF PARCEL NUMBER 0200 051480000, AND 0200051490000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JONATHON KING, PROPERTY OWNER; REGARDING PRICE AND TERMS. (CITY)
D8. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; IN RE NATIONAL PRESCRIPTION OPIOID LITIGATION, 1:17MD2804, MDL NO. 2804 (FEDERAL DISTRICT COURT N.D. OHIO) (CITY) D9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.
MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. (CITY)
D10. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: ANTICIPATED LITIGATION:
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: (1 CASE). ON JANUARY 24, 2023, THE CITY ENGINEER DETERMINED THAT TENTATIVE TRACT MAP NO. 16072 EXPIRED WITHOUT SATISFYING ALL REQUIRED CONDITIONS. THIS TRANSACTIONAL OCCURRENCE MIGHT RESULT IN LITIGATION AGAINST THE CITY. THE CITY HAS ALSO RECEIVED A LETTER FROM THE SUBDIVIDER’S ATTORNEY THREATENING LITIGATION AS A RESULT OF THE CITY ENGINEER’S DETERMINATION. THE LETTER IS AVAILABLE FOR INSPECTION IN THE CITY CLERK’S OFFICE. (CITY)
D11. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE; THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITYOWNED PUBLIC ART. THE CITY HAS RECEIVED A CLAIM PURSUANT TO THE GOVERNMENT CLAIMS ACT WHICH IS ON FILE IN THE OFFICE OF THE CITY CLERK – CITY E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
B1. Presentation of a Certificate of Sympathy in Memory of Chef Gamboa of Five Star Catering, for his Dedicated Service to the Community, and his Ability to Bring People Together through his Hospitality and Innovative Cuisine.
B2. Recognition of Etiwanda High School Football Team for Winning the California Interscholastic Federation (CIF) Southern Section Championship.
B3. Proclamation Recognizing the Month of February 2023 as National Black History Month.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of January 18, 2023 and February 1, 2023.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,843,406.47 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $5,588,143.79 Dated January 23, 2023, Through February 05, 2023, and City and Fire District Electronic Debit Registers for the Month of January in the Total Amount of $2,025,605.13. (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $97,315.00 Dated January 23, 2023, Through February 05, 2023. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of January 31, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5. Consideration to Cancel the Regular Meetings of the Fire Protection District, Successor Agency, Public Financing Authority, and City Council on March 1, 2023, and January 3, 2024, and Reschedule the September 20, 2023 Meeting to September 19, 2023. (CITY/FIRE) D6. Consideration of a Funding Agreement with the San Bernardino County Transportation Authority (SBCTA) for the Cucamonga Station/Milliken Avenue Traffic Study; Authorization of Amendments and Scope Changes by the City Manager and City Engineer; and Authorization of Related Appropriations for Revenue and Expenditures. (CITY) D7. Consideration of a Professional Services Agreement with Empire Economics, Inc., for the Development of Annual Forecasting of the City’s Economic and Housing Conditions, and Supplemental Analyses on an as Needed Basis, in an Amount not to Exceed $150,000. (CITY) D8. Consideration to Accept Grant Revenue in the Amount of $28,522 Awarded by the Department of Homeland Security for the Fiscal Year 2021 Homeland Security Grant Program; and Authorization to Appropriate $28,522 for Approved Grant Expenses. (CITY/FIRE) D9. Consideration to Approve the Memorandum of Understanding Between the Scripps Institution of Oceanography and the Rancho Cucamonga Fire Protection District Relating to Site Access and Use of the AllRisk Training Center Tower. (FIRE)
D10. Consideration of a Professional Service Agreement with Upbeat Parade Productions for the 2023, 2024, and 2025 Founders Day Community Parade in an Amount Not to Exceed $60,000. (CITY)
D11. Consideration of an Increase to Contract No. 18121 for KWALL, LLC in the Amount of $77,500 for Additional Subsites to the City Website for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond®, and to Authorize an Appropriation in the Amount of $38,750. (CITY)
D12. Consideration for Approval of Amendment No. 2 to the 2011 Amended and Restated Lease Agreement 09253 with Rancho Baseball, LLC. (CITY)
D13. Consideration of Approval of Amendment No. 4 to Contract 19072 with SMG – Rancho Cucamonga Premier Food Services LLC and to Extend the Expiration Date of Amendment No. 1 by Five (5) Months until June 30, 2023. (CITY)
D14. Consideration of Amendment No. 07 to the Agreement with Pacific Utility Installation, Inc. (CO#19085) in the Amount of $565,450, Plus a 10% Contingency and Appropriation of Funds in the Amount of $622,050 from the Municipal Utility Fund (Fund 705) for Multiple RCMU Line Extension Projects. (CITY)
D15. Consideration to Accept Public Improvements as Complete, File a Notice of Completion, and Authorize Release of Bonds for the FY202122 Major Arterials Pavement Rehabilitation Project. (CITY)
D16. Consideration of an Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 7 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. DRC202000022, Located at 5686 San Marino Way. This item is exempt from the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines under CEQA Section 15303 – New Construction or Conversion of Small Structures. (RESOLUTION NO. 2023009) (RESOLUTION NO. 2023 010) (RESOLUTION NO. 2023011) (CITY)
D17. Consideration of Parcel Map 20251, Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance Districts Nos. 1 and 6 Related to Case No. SUBTPM20251, Located 650 Feet East of Etiwanda Avenue North of Napa Street at 13160 and 13120 Napa Street. (RESOLUTION NO. 2023012) (RESOLUTION NO. 2023013) (RESOLUTION NO. 2023 014) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of Resolution of Necessity of the City Council of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Atchison Topeka & Santa Fe RR Co., Located in City of Rancho Cucamonga, San Bernardino County Tax Assessor’s Parcel Number 022913127). (RESOLUTION NO. 2023015) (CITY) F2. Consideration of First Reading and Introduction of Ordinance No. 1016, to be Read by Title Only and Waive Further Reading, Repealing Chapter 9.34 of the Rancho Cucamonga Municipal Code to End the Narcotics and GangRelated Crime Eviction Program. (ORDINANCE NO. 1016) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT H. CITY MANAGER'S STAFF REPORT(S)
I. COUNCIL BUSINESS
I1. Consideration to Approve the Reappointments of Two Members to the Public Art Committee. (CITY) I2. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I3. 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 Chef Gamboa of Five Star Catering.
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
Ashley Stickler
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
February 15, 2023
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.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at https://www.cityofrc.us/yourgovernment/citycouncilagendas or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution of the agenda packet will be made available in the City Clerk Services Department during normal business hours at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will be posted on the City’s website at https://www.cityofrc.us/yourgovernment/citycouncilagendas .
CLOSED SESSION – 4:30 P.M.
TAPIA CONFERENCE ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OF HUMAN RESOURCES; ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR; AND NOAH DANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE)
D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 1089593010000 COMMONLY KNOWN AS ADDRESS 7150 ETIWANDA, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JIM BANKS REPRESENTING ETIWANDA HISTORIC SOCIETY, REGARDING PRICE AND TERMS. (CITY) D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICE AND TERMS OF PAYMENT. (CITY)
D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ADJACENT TO 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913127; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND ATCHISON TOPEKA & SANTA FE RR CO., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY) D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS A PORTION OF 8TH STREET LYING ON THE NORTHWEST CORNER OF THE INTERSECTION OF ARCHIBALD AVENUE AND 8TH STREET, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES JASON WELDAY, DIRECTOR OF ENGINEERING SERVICES REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND VICTOR LOPEZ, DIRECTOR OF TRANSIT AND RAIL REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, REGARDING PRICE AND TERMS. (CITY) D6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
CHAO PING YANG, ET AL., SBSC CASE NO.: CIVSB2201957. (CITY) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY AT 8730 KING RANCH ROAD, PORTIONS OF PARCEL NUMBER 0200 051480000, AND 0200051490000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JONATHON KING, PROPERTY OWNER; REGARDING PRICE AND TERMS. (CITY)
D8. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; IN RE NATIONAL PRESCRIPTION OPIOID LITIGATION, 1:17MD2804, MDL NO. 2804 (FEDERAL DISTRICT COURT N.D. OHIO) (CITY) D9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.
MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. (CITY)
D10. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: ANTICIPATED LITIGATION:
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: (1 CASE). ON JANUARY 24, 2023, THE CITY ENGINEER DETERMINED THAT TENTATIVE TRACT MAP NO. 16072 EXPIRED WITHOUT SATISFYING ALL REQUIRED CONDITIONS. THIS TRANSACTIONAL OCCURRENCE MIGHT RESULT IN LITIGATION AGAINST THE CITY. THE CITY HAS ALSO RECEIVED A LETTER FROM THE SUBDIVIDER’S ATTORNEY THREATENING LITIGATION AS A RESULT OF THE CITY ENGINEER’S DETERMINATION. THE LETTER IS AVAILABLE FOR INSPECTION IN THE CITY CLERK’S OFFICE. (CITY)
D11. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE; THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITYOWNED PUBLIC ART. THE CITY HAS RECEIVED A CLAIM PURSUANT TO THE GOVERNMENT CLAIMS ACT WHICH IS ON FILE IN THE OFFICE OF THE CITY CLERK – CITY E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
B1. Presentation of a Certificate of Sympathy in Memory of Chef Gamboa of Five Star Catering, for his Dedicated Service to the Community, and his Ability to Bring People Together through his Hospitality and Innovative Cuisine.
B2. Recognition of Etiwanda High School Football Team for Winning the California Interscholastic Federation (CIF) Southern Section Championship.
B3. Proclamation Recognizing the Month of February 2023 as National Black History Month.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of January 18, 2023 and February 1, 2023.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,843,406.47 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $5,588,143.79 Dated January 23, 2023, Through February 05, 2023, and City and Fire District Electronic Debit Registers for the Month of January in the Total Amount of $2,025,605.13. (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $97,315.00 Dated January 23, 2023, Through February 05, 2023. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of January 31, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5. Consideration to Cancel the Regular Meetings of the Fire Protection District, Successor Agency, Public Financing Authority, and City Council on March 1, 2023, and January 3, 2024, and Reschedule the September 20, 2023 Meeting to September 19, 2023. (CITY/FIRE) D6. Consideration of a Funding Agreement with the San Bernardino County Transportation Authority (SBCTA) for the Cucamonga Station/Milliken Avenue Traffic Study; Authorization of Amendments and Scope Changes by the City Manager and City Engineer; and Authorization of Related Appropriations for Revenue and Expenditures. (CITY) D7. Consideration of a Professional Services Agreement with Empire Economics, Inc., for the Development of Annual Forecasting of the City’s Economic and Housing Conditions, and Supplemental Analyses on an as Needed Basis, in an Amount not to Exceed $150,000. (CITY) D8. Consideration to Accept Grant Revenue in the Amount of $28,522 Awarded by the Department of Homeland Security for the Fiscal Year 2021 Homeland Security Grant Program; and Authorization to Appropriate $28,522 for Approved Grant Expenses. (CITY/FIRE) D9. Consideration to Approve the Memorandum of Understanding Between the Scripps Institution of Oceanography and the Rancho Cucamonga Fire Protection District Relating to Site Access and Use of the AllRisk Training Center Tower. (FIRE)
D10. Consideration of a Professional Service Agreement with Upbeat Parade Productions for the 2023, 2024, and 2025 Founders Day Community Parade in an Amount Not to Exceed $60,000. (CITY)
D11. Consideration of an Increase to Contract No. 18121 for KWALL, LLC in the Amount of $77,500 for Additional Subsites to the City Website for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond®, and to Authorize an Appropriation in the Amount of $38,750. (CITY)
D12. Consideration for Approval of Amendment No. 2 to the 2011 Amended and Restated Lease Agreement 09253 with Rancho Baseball, LLC. (CITY)
D13. Consideration of Approval of Amendment No. 4 to Contract 19072 with SMG – Rancho Cucamonga Premier Food Services LLC and to Extend the Expiration Date of Amendment No. 1 by Five (5) Months until June 30, 2023. (CITY)
D14. Consideration of Amendment No. 07 to the Agreement with Pacific Utility Installation, Inc. (CO#19085) in the Amount of $565,450, Plus a 10% Contingency and Appropriation of Funds in the Amount of $622,050 from the Municipal Utility Fund (Fund 705) for Multiple RCMU Line Extension Projects. (CITY)
D15. Consideration to Accept Public Improvements as Complete, File a Notice of Completion, and Authorize Release of Bonds for the FY202122 Major Arterials Pavement Rehabilitation Project. (CITY)
D16. Consideration of an Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 7 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. DRC202000022, Located at 5686 San Marino Way. This item is exempt from the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines under CEQA Section 15303 – New Construction or Conversion of Small Structures. (RESOLUTION NO. 2023009) (RESOLUTION NO. 2023 010) (RESOLUTION NO. 2023011) (CITY)
D17. Consideration of Parcel Map 20251, Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance Districts Nos. 1 and 6 Related to Case No. SUBTPM20251, Located 650 Feet East of Etiwanda Avenue North of Napa Street at 13160 and 13120 Napa Street. (RESOLUTION NO. 2023012) (RESOLUTION NO. 2023013) (RESOLUTION NO. 2023 014) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of Resolution of Necessity of the City Council of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Atchison Topeka & Santa Fe RR Co., Located in City of Rancho Cucamonga, San Bernardino County Tax Assessor’s Parcel Number 022913127). (RESOLUTION NO. 2023015) (CITY) F2. Consideration of First Reading and Introduction of Ordinance No. 1016, to be Read by Title Only and Waive Further Reading, Repealing Chapter 9.34 of the Rancho Cucamonga Municipal Code to End the Narcotics and GangRelated Crime Eviction Program. (ORDINANCE NO. 1016) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT H. CITY MANAGER'S STAFF REPORT(S)
I. COUNCIL BUSINESS
I1. Consideration to Approve the Reappointments of Two Members to the Public Art Committee. (CITY) I2. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I3. 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 Chef Gamboa of Five Star Catering.
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
Ashley Stickler
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
February 15, 2023
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.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at https://www.cityofrc.us/yourgovernment/citycouncilagendas or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution of the agenda packet will be made available in the City Clerk Services Department during normal business hours at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will be posted on the City’s website at https://www.cityofrc.us/yourgovernment/citycouncilagendas .
CLOSED SESSION – 4:30 P.M.
TAPIA CONFERENCE ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OF HUMAN RESOURCES; ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR; AND NOAH DANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE)
D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 1089593010000 COMMONLY KNOWN AS ADDRESS 7150 ETIWANDA, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JIM BANKS REPRESENTING ETIWANDA HISTORIC SOCIETY, REGARDING PRICE AND TERMS. (CITY) D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICE AND TERMS OF PAYMENT. (CITY)
D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ADJACENT TO 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913127; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND ATCHISON TOPEKA & SANTA FE RR CO., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY) D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS A PORTION OF 8TH STREET LYING ON THE NORTHWEST CORNER OF THE INTERSECTION OF ARCHIBALD AVENUE AND 8TH STREET, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES JASON WELDAY, DIRECTOR OF ENGINEERING SERVICES REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND VICTOR LOPEZ, DIRECTOR OF TRANSIT AND RAIL REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, REGARDING PRICE AND TERMS. (CITY) D6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
CHAO PING YANG, ET AL., SBSC CASE NO.: CIVSB2201957. (CITY) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY AT 8730 KING RANCH ROAD, PORTIONS OF PARCEL NUMBER 0200 051480000, AND 0200051490000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JONATHON KING, PROPERTY OWNER; REGARDING PRICE AND TERMS. (CITY)
D8. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; IN RE NATIONAL PRESCRIPTION OPIOID LITIGATION, 1:17MD2804, MDL NO. 2804 (FEDERAL DISTRICT COURT N.D. OHIO) (CITY) D9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.
MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. (CITY)
D10. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: ANTICIPATED LITIGATION:
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: (1 CASE). ON JANUARY 24, 2023, THE CITY ENGINEER DETERMINED THAT TENTATIVE TRACT MAP NO. 16072 EXPIRED WITHOUT SATISFYING ALL REQUIRED CONDITIONS. THIS TRANSACTIONAL OCCURRENCE MIGHT RESULT IN LITIGATION AGAINST THE CITY. THE CITY HAS ALSO RECEIVED A LETTER FROM THE SUBDIVIDER’S ATTORNEY THREATENING LITIGATION AS A RESULT OF THE CITY ENGINEER’S DETERMINATION. THE LETTER IS AVAILABLE FOR INSPECTION IN THE CITY CLERK’S OFFICE. (CITY)
D11. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE; THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITYOWNED PUBLIC ART. THE CITY HAS RECEIVED A CLAIM PURSUANT TO THE GOVERNMENT CLAIMS ACT WHICH IS ON FILE IN THE OFFICE OF THE CITY CLERK – CITY E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
B1. Presentation of a Certificate of Sympathy in Memory of Chef Gamboa of Five Star Catering, for his Dedicated Service to the Community, and his Ability to Bring People Together through his Hospitality and Innovative Cuisine.
B2. Recognition of Etiwanda High School Football Team for Winning the California Interscholastic Federation (CIF) Southern Section Championship.
B3. Proclamation Recognizing the Month of February 2023 as National Black History Month.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of January 18, 2023 and February 1, 2023.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,843,406.47 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $5,588,143.79 Dated January 23, 2023, Through February 05, 2023, and City and Fire District Electronic Debit Registers for the Month of January in the Total Amount of $2,025,605.13. (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $97,315.00 Dated January 23, 2023, Through February 05, 2023. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of January 31, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5. Consideration to Cancel the Regular Meetings of the Fire Protection District, Successor Agency, Public Financing Authority, and City Council on March 1, 2023, and January 3, 2024, and Reschedule the September 20, 2023 Meeting to September 19, 2023. (CITY/FIRE) D6. Consideration of a Funding Agreement with the San Bernardino County Transportation Authority (SBCTA) for the Cucamonga Station/Milliken Avenue Traffic Study; Authorization of Amendments and Scope Changes by the City Manager and City Engineer; and Authorization of Related Appropriations for Revenue and Expenditures. (CITY) D7. Consideration of a Professional Services Agreement with Empire Economics, Inc., for the Development of Annual Forecasting of the City’s Economic and Housing Conditions, and Supplemental Analyses on an as Needed Basis, in an Amount not to Exceed $150,000. (CITY) D8. Consideration to Accept Grant Revenue in the Amount of $28,522 Awarded by the Department of Homeland Security for the Fiscal Year 2021 Homeland Security Grant Program; and Authorization to Appropriate $28,522 for Approved Grant Expenses. (CITY/FIRE) D9. Consideration to Approve the Memorandum of Understanding Between the Scripps Institution of Oceanography and the Rancho Cucamonga Fire Protection District Relating to Site Access and Use of the AllRisk Training Center Tower. (FIRE)
D10. Consideration of a Professional Service Agreement with Upbeat Parade Productions for the 2023, 2024, and 2025 Founders Day Community Parade in an Amount Not to Exceed $60,000. (CITY)
D11. Consideration of an Increase to Contract No. 18121 for KWALL, LLC in the Amount of $77,500 for Additional Subsites to the City Website for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond®, and to Authorize an Appropriation in the Amount of $38,750. (CITY)
D12. Consideration for Approval of Amendment No. 2 to the 2011 Amended and Restated Lease Agreement 09253 with Rancho Baseball, LLC. (CITY)
D13. Consideration of Approval of Amendment No. 4 to Contract 19072 with SMG – Rancho Cucamonga Premier Food Services LLC and to Extend the Expiration Date of Amendment No. 1 by Five (5) Months until June 30, 2023. (CITY)
D14. Consideration of Amendment No. 07 to the Agreement with Pacific Utility Installation, Inc. (CO#19085) in the Amount of $565,450, Plus a 10% Contingency and Appropriation of Funds in the Amount of $622,050 from the Municipal Utility Fund (Fund 705) for Multiple RCMU Line Extension Projects. (CITY)
D15. Consideration to Accept Public Improvements as Complete, File a Notice of Completion, and Authorize Release of Bonds for the FY202122 Major Arterials Pavement Rehabilitation Project. (CITY)
D16. Consideration of an Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 7 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. DRC202000022, Located at 5686 San Marino Way. This item is exempt from the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines under CEQA Section 15303 – New Construction or Conversion of Small Structures. (RESOLUTION NO. 2023009) (RESOLUTION NO. 2023 010) (RESOLUTION NO. 2023011) (CITY)
D17. Consideration of Parcel Map 20251, Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance Districts Nos. 1 and 6 Related to Case No. SUBTPM20251, Located 650 Feet East of Etiwanda Avenue North of Napa Street at 13160 and 13120 Napa Street. (RESOLUTION NO. 2023012) (RESOLUTION NO. 2023013) (RESOLUTION NO. 2023 014) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of Resolution of Necessity of the City Council of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Atchison Topeka & Santa Fe RR Co., Located in City of Rancho Cucamonga, San Bernardino County Tax Assessor’s Parcel Number 022913127). (RESOLUTION NO. 2023015) (CITY) F2. Consideration of First Reading and Introduction of Ordinance No. 1016, to be Read by Title Only and Waive Further Reading, Repealing Chapter 9.34 of the Rancho Cucamonga Municipal Code to End the Narcotics and GangRelated Crime Eviction Program. (ORDINANCE NO. 1016) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT H. CITY MANAGER'S STAFF REPORT(S)
I. COUNCIL BUSINESS
I1. Consideration to Approve the Reappointments of Two Members to the Public Art Committee. (CITY) I2. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I3. 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 Chef Gamboa of Five Star Catering.
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
Ashley Stickler
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
February 15, 2023
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.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at https://www.cityofrc.us/yourgovernment/citycouncilagendas or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution of the agenda packet will be made available in the City Clerk Services Department during normal business hours at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will be posted on the City’s website at https://www.cityofrc.us/yourgovernment/citycouncilagendas .
CLOSED SESSION – 4:30 P.M.
TAPIA CONFERENCE ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OF HUMAN RESOURCES; ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR; AND NOAH DANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE)
D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 1089593010000 COMMONLY KNOWN AS ADDRESS 7150 ETIWANDA, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JIM BANKS REPRESENTING ETIWANDA HISTORIC SOCIETY, REGARDING PRICE AND TERMS. (CITY) D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICE AND TERMS OF PAYMENT. (CITY)
D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ADJACENT TO 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913127; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND ATCHISON TOPEKA & SANTA FE RR CO., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY) D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS A PORTION OF 8TH STREET LYING ON THE NORTHWEST CORNER OF THE INTERSECTION OF ARCHIBALD AVENUE AND 8TH STREET, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES JASON WELDAY, DIRECTOR OF ENGINEERING SERVICES REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND VICTOR LOPEZ, DIRECTOR OF TRANSIT AND RAIL REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, REGARDING PRICE AND TERMS. (CITY) D6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
CHAO PING YANG, ET AL., SBSC CASE NO.: CIVSB2201957. (CITY) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY AT 8730 KING RANCH ROAD, PORTIONS OF PARCEL NUMBER 0200 051480000, AND 0200051490000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JONATHON KING, PROPERTY OWNER; REGARDING PRICE AND TERMS. (CITY)
D8. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; IN RE NATIONAL PRESCRIPTION OPIOID LITIGATION, 1:17MD2804, MDL NO. 2804 (FEDERAL DISTRICT COURT N.D. OHIO) (CITY) D9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.
MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. (CITY)
D10. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: ANTICIPATED LITIGATION:
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: (1 CASE). ON JANUARY 24, 2023, THE CITY ENGINEER DETERMINED THAT TENTATIVE TRACT MAP NO. 16072 EXPIRED WITHOUT SATISFYING ALL REQUIRED CONDITIONS. THIS TRANSACTIONAL OCCURRENCE MIGHT RESULT IN LITIGATION AGAINST THE CITY. THE CITY HAS ALSO RECEIVED A LETTER FROM THE SUBDIVIDER’S ATTORNEY THREATENING LITIGATION AS A RESULT OF THE CITY ENGINEER’S DETERMINATION. THE LETTER IS AVAILABLE FOR INSPECTION IN THE CITY CLERK’S OFFICE. (CITY)
D11. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE; THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITYOWNED PUBLIC ART. THE CITY HAS RECEIVED A CLAIM PURSUANT TO THE GOVERNMENT CLAIMS ACT WHICH IS ON FILE IN THE OFFICE OF THE CITY CLERK – CITY E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
B1. Presentation of a Certificate of Sympathy in Memory of Chef Gamboa of Five Star Catering, for his Dedicated Service to the Community, and his Ability to Bring People Together through his Hospitality and Innovative Cuisine.
B2. Recognition of Etiwanda High School Football Team for Winning the California Interscholastic Federation (CIF) Southern Section Championship.
B3. Proclamation Recognizing the Month of February 2023 as National Black History Month.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of January 18, 2023 and February 1, 2023.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,843,406.47 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $5,588,143.79 Dated January 23, 2023, Through February 05, 2023, and City and Fire District Electronic Debit Registers for the Month of January in the Total Amount of $2,025,605.13. (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $97,315.00 Dated January 23, 2023, Through February 05, 2023. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of January 31, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5. Consideration to Cancel the Regular Meetings of the Fire Protection District, Successor Agency, Public Financing Authority, and City Council on March 1, 2023, and January 3, 2024, and Reschedule the September 20, 2023 Meeting to September 19, 2023. (CITY/FIRE) D6. Consideration of a Funding Agreement with the San Bernardino County Transportation Authority (SBCTA) for the Cucamonga Station/Milliken Avenue Traffic Study; Authorization of Amendments and Scope Changes by the City Manager and City Engineer; and Authorization of Related Appropriations for Revenue and Expenditures. (CITY) D7. Consideration of a Professional Services Agreement with Empire Economics, Inc., for the Development of Annual Forecasting of the City’s Economic and Housing Conditions, and Supplemental Analyses on an as Needed Basis, in an Amount not to Exceed $150,000. (CITY) D8. Consideration to Accept Grant Revenue in the Amount of $28,522 Awarded by the Department of Homeland Security for the Fiscal Year 2021 Homeland Security Grant Program; and Authorization to Appropriate $28,522 for Approved Grant Expenses. (CITY/FIRE) D9. Consideration to Approve the Memorandum of Understanding Between the Scripps Institution of Oceanography and the Rancho Cucamonga Fire Protection District Relating to Site Access and Use of the AllRisk Training Center Tower. (FIRE)
D10. Consideration of a Professional Service Agreement with Upbeat Parade Productions for the 2023, 2024, and 2025 Founders Day Community Parade in an Amount Not to Exceed $60,000. (CITY)
D11. Consideration of an Increase to Contract No. 18121 for KWALL, LLC in the Amount of $77,500 for Additional Subsites to the City Website for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond®, and to Authorize an Appropriation in the Amount of $38,750. (CITY)
D12. Consideration for Approval of Amendment No. 2 to the 2011 Amended and Restated Lease Agreement 09253 with Rancho Baseball, LLC. (CITY)
D13. Consideration of Approval of Amendment No. 4 to Contract 19072 with SMG – Rancho Cucamonga Premier Food Services LLC and to Extend the Expiration Date of Amendment No. 1 by Five (5) Months until June 30, 2023. (CITY)
D14. Consideration of Amendment No. 07 to the Agreement with Pacific Utility Installation, Inc. (CO#19085) in the Amount of $565,450, Plus a 10% Contingency and Appropriation of Funds in the Amount of $622,050 from the Municipal Utility Fund (Fund 705) for Multiple RCMU Line Extension Projects. (CITY)
D15. Consideration to Accept Public Improvements as Complete, File a Notice of Completion, and Authorize Release of Bonds for the FY202122 Major Arterials Pavement Rehabilitation Project. (CITY)
D16. Consideration of an Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 7 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. DRC202000022, Located at 5686 San Marino Way. This item is exempt from the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines under CEQA Section 15303 – New Construction or Conversion of Small Structures. (RESOLUTION NO. 2023009) (RESOLUTION NO. 2023 010) (RESOLUTION NO. 2023011) (CITY)
D17. Consideration of Parcel Map 20251, Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance Districts Nos. 1 and 6 Related to Case No. SUBTPM20251, Located 650 Feet East of Etiwanda Avenue North of Napa Street at 13160 and 13120 Napa Street. (RESOLUTION NO. 2023012) (RESOLUTION NO. 2023013) (RESOLUTION NO. 2023 014) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of Resolution of Necessity of the City Council of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Atchison Topeka & Santa Fe RR Co., Located in City of Rancho Cucamonga, San Bernardino County Tax Assessor’s Parcel Number 022913127). (RESOLUTION NO. 2023015) (CITY) F2. Consideration of First Reading and Introduction of Ordinance No. 1016, to be Read by Title Only and Waive Further Reading, Repealing Chapter 9.34 of the Rancho Cucamonga Municipal Code to End the Narcotics and GangRelated Crime Eviction Program. (ORDINANCE NO. 1016) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT H. CITY MANAGER'S STAFF REPORT(S)
I. COUNCIL BUSINESS
I1. Consideration to Approve the Reappointments of Two Members to the Public Art Committee. (CITY) I2. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I3. 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 Chef Gamboa of Five Star Catering.
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
Ashley Stickler
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
February 15, 2023
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.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at https://www.cityofrc.us/yourgovernment/citycouncilagendas or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution of the agenda packet will be made available in the City Clerk Services Department during normal business hours at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will be posted on the City’s website at https://www.cityofrc.us/yourgovernment/citycouncilagendas .
CLOSED SESSION – 4:30 P.M.
TAPIA CONFERENCE ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OF HUMAN RESOURCES; ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR; AND NOAH DANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE)
D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 1089593010000 COMMONLY KNOWN AS ADDRESS 7150 ETIWANDA, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JIM BANKS REPRESENTING ETIWANDA HISTORIC SOCIETY, REGARDING PRICE AND TERMS. (CITY) D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICE AND TERMS OF PAYMENT. (CITY)
D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ADJACENT TO 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913127; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND ATCHISON TOPEKA & SANTA FE RR CO., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY) D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS A PORTION OF 8TH STREET LYING ON THE NORTHWEST CORNER OF THE INTERSECTION OF ARCHIBALD AVENUE AND 8TH STREET, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES JASON WELDAY, DIRECTOR OF ENGINEERING SERVICES REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND VICTOR LOPEZ, DIRECTOR OF TRANSIT AND RAIL REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, REGARDING PRICE AND TERMS. (CITY) D6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
CHAO PING YANG, ET AL., SBSC CASE NO.: CIVSB2201957. (CITY) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY AT 8730 KING RANCH ROAD, PORTIONS OF PARCEL NUMBER 0200 051480000, AND 0200051490000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JONATHON KING, PROPERTY OWNER; REGARDING PRICE AND TERMS. (CITY)
D8. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; IN RE NATIONAL PRESCRIPTION OPIOID LITIGATION, 1:17MD2804, MDL NO. 2804 (FEDERAL DISTRICT COURT N.D. OHIO) (CITY) D9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.
MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. (CITY)
D10. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: ANTICIPATED LITIGATION:
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: (1 CASE). ON JANUARY 24, 2023, THE CITY ENGINEER DETERMINED THAT TENTATIVE TRACT MAP NO. 16072 EXPIRED WITHOUT SATISFYING ALL REQUIRED CONDITIONS. THIS TRANSACTIONAL OCCURRENCE MIGHT RESULT IN LITIGATION AGAINST THE CITY. THE CITY HAS ALSO RECEIVED A LETTER FROM THE SUBDIVIDER’S ATTORNEY THREATENING LITIGATION AS A RESULT OF THE CITY ENGINEER’S DETERMINATION. THE LETTER IS AVAILABLE FOR INSPECTION IN THE CITY CLERK’S OFFICE. (CITY)
D11. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE; THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITYOWNED PUBLIC ART. THE CITY HAS RECEIVED A CLAIM PURSUANT TO THE GOVERNMENT CLAIMS ACT WHICH IS ON FILE IN THE OFFICE OF THE CITY CLERK – CITY E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
B1. Presentation of a Certificate of Sympathy in Memory of Chef Gamboa of Five Star Catering, for his Dedicated Service to the Community, and his Ability to Bring People Together through his Hospitality and Innovative Cuisine.
B2. Recognition of Etiwanda High School Football Team for Winning the California Interscholastic Federation (CIF) Southern Section Championship.
B3. Proclamation Recognizing the Month of February 2023 as National Black History Month.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of January 18, 2023 and February 1, 2023.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,843,406.47 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $5,588,143.79 Dated January 23, 2023, Through February 05, 2023, and City and Fire District Electronic Debit Registers for the Month of January in the Total Amount of $2,025,605.13. (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $97,315.00 Dated January 23, 2023, Through February 05, 2023. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of January 31, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5. Consideration to Cancel the Regular Meetings of the Fire Protection District, Successor Agency, Public Financing Authority, and City Council on March 1, 2023, and January 3, 2024, and Reschedule the September 20, 2023 Meeting to September 19, 2023. (CITY/FIRE) D6. Consideration of a Funding Agreement with the San Bernardino County Transportation Authority (SBCTA) for the Cucamonga Station/Milliken Avenue Traffic Study; Authorization of Amendments and Scope Changes by the City Manager and City Engineer; and Authorization of Related Appropriations for Revenue and Expenditures. (CITY) D7. Consideration of a Professional Services Agreement with Empire Economics, Inc., for the Development of Annual Forecasting of the City’s Economic and Housing Conditions, and Supplemental Analyses on an as Needed Basis, in an Amount not to Exceed $150,000. (CITY) D8. Consideration to Accept Grant Revenue in the Amount of $28,522 Awarded by the Department of Homeland Security for the Fiscal Year 2021 Homeland Security Grant Program; and Authorization to Appropriate $28,522 for Approved Grant Expenses. (CITY/FIRE) D9. Consideration to Approve the Memorandum of Understanding Between the Scripps Institution of Oceanography and the Rancho Cucamonga Fire Protection District Relating to Site Access and Use of the AllRisk Training Center Tower. (FIRE)
D10. Consideration of a Professional Service Agreement with Upbeat Parade Productions for the 2023, 2024, and 2025 Founders Day Community Parade in an Amount Not to Exceed $60,000. (CITY)
D11. Consideration of an Increase to Contract No. 18121 for KWALL, LLC in the Amount of $77,500 for Additional Subsites to the City Website for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond®, and to Authorize an Appropriation in the Amount of $38,750. (CITY)
D12. Consideration for Approval of Amendment No. 2 to the 2011 Amended and Restated Lease Agreement 09253 with Rancho Baseball, LLC. (CITY)
D13. Consideration of Approval of Amendment No. 4 to Contract 19072 with SMG – Rancho Cucamonga Premier Food Services LLC and to Extend the Expiration Date of Amendment No. 1 by Five (5) Months until June 30, 2023. (CITY)
D14. Consideration of Amendment No. 07 to the Agreement with Pacific Utility Installation, Inc. (CO#19085) in the Amount of $565,450, Plus a 10% Contingency and Appropriation of Funds in the Amount of $622,050 from the Municipal Utility Fund (Fund 705) for Multiple RCMU Line Extension Projects. (CITY)
D15. Consideration to Accept Public Improvements as Complete, File a Notice of Completion, and Authorize Release of Bonds for the FY202122 Major Arterials Pavement Rehabilitation Project. (CITY)
D16. Consideration of an Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 7 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. DRC202000022, Located at 5686 San Marino Way. This item is exempt from the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines under CEQA Section 15303 – New Construction or Conversion of Small Structures. (RESOLUTION NO. 2023009) (RESOLUTION NO. 2023 010) (RESOLUTION NO. 2023011) (CITY)
D17. Consideration of Parcel Map 20251, Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance Districts Nos. 1 and 6 Related to Case No. SUBTPM20251, Located 650 Feet East of Etiwanda Avenue North of Napa Street at 13160 and 13120 Napa Street. (RESOLUTION NO. 2023012) (RESOLUTION NO. 2023013) (RESOLUTION NO. 2023 014) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of Resolution of Necessity of the City Council of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Atchison Topeka & Santa Fe RR Co., Located in City of Rancho Cucamonga, San Bernardino County Tax Assessor’s Parcel Number 022913127). (RESOLUTION NO. 2023015) (CITY) F2. Consideration of First Reading and Introduction of Ordinance No. 1016, to be Read by Title Only and Waive Further Reading, Repealing Chapter 9.34 of the Rancho Cucamonga Municipal Code to End the Narcotics and GangRelated Crime Eviction Program. (ORDINANCE NO. 1016) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT H. CITY MANAGER'S STAFF REPORT(S)
I. COUNCIL BUSINESS
I1. Consideration to Approve the Reappointments of Two Members to the Public Art Committee. (CITY) I2. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I3. 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 Chef Gamboa of Five Star Catering.
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
Ashley Stickler
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
February 15, 2023
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.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at https://www.cityofrc.us/yourgovernment/citycouncilagendas or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).
Any documents distributed to a majority of the City Council regarding any item on this agenda after distribution of the agenda packet will be made available in the City Clerk Services Department during normal business hours at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. In addition, such documents will be posted on the City’s website at https://www.cityofrc.us/yourgovernment/citycouncilagendas .
CLOSED SESSION – 4:30 P.M.
TAPIA CONFERENCE ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LABOR NEGOTIATORS JENIFER PHILLIPS, DEPUTY DIRECTOR OF HUMAN RESOURCES; ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR; AND NOAH DANIELS, FINANCE DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 AND FIRE MANAGEMENT EMPLOYEES GROUP. (CITY/FIRE)
D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 1089593010000 COMMONLY KNOWN AS ADDRESS 7150 ETIWANDA, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JIM BANKS REPRESENTING ETIWANDA HISTORIC SOCIETY, REGARDING PRICE AND TERMS. (CITY) D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICE AND TERMS OF PAYMENT. (CITY)
D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ADJACENT TO 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913127; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND ATCHISON TOPEKA & SANTA FE RR CO., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY) D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS A PORTION OF 8TH STREET LYING ON THE NORTHWEST CORNER OF THE INTERSECTION OF ARCHIBALD AVENUE AND 8TH STREET, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES JASON WELDAY, DIRECTOR OF ENGINEERING SERVICES REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND VICTOR LOPEZ, DIRECTOR OF TRANSIT AND RAIL REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, REGARDING PRICE AND TERMS. (CITY) D6. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.
CHAO PING YANG, ET AL., SBSC CASE NO.: CIVSB2201957. (CITY) D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY AT 8730 KING RANCH ROAD, PORTIONS OF PARCEL NUMBER 0200 051480000, AND 0200051490000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JONATHON KING, PROPERTY OWNER; REGARDING PRICE AND TERMS. (CITY)
D8. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; IN RE NATIONAL PRESCRIPTION OPIOID LITIGATION, 1:17MD2804, MDL NO. 2804 (FEDERAL DISTRICT COURT N.D. OHIO) (CITY) D9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.
MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. (CITY)
D10. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: ANTICIPATED LITIGATION:
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: (1 CASE). ON JANUARY 24, 2023, THE CITY ENGINEER DETERMINED THAT TENTATIVE TRACT MAP NO. 16072 EXPIRED WITHOUT SATISFYING ALL REQUIRED CONDITIONS. THIS TRANSACTIONAL OCCURRENCE MIGHT RESULT IN LITIGATION AGAINST THE CITY. THE CITY HAS ALSO RECEIVED A LETTER FROM THE SUBDIVIDER’S ATTORNEY THREATENING LITIGATION AS A RESULT OF THE CITY ENGINEER’S DETERMINATION. THE LETTER IS AVAILABLE FOR INSPECTION IN THE CITY CLERK’S OFFICE. (CITY)
D11. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE; THIS ITEM RELATES TO ALLEGED DAMAGE AND THE PROPOSED RELOCATION OF A PIECE OF CITYOWNED PUBLIC ART. THE CITY HAS RECEIVED A CLAIM PURSUANT TO THE GOVERNMENT CLAIMS ACT WHICH IS ON FILE IN THE OFFICE OF THE CITY CLERK – CITY E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott and Stickler
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
B1. Presentation of a Certificate of Sympathy in Memory of Chef Gamboa of Five Star Catering, for his Dedicated Service to the Community, and his Ability to Bring People Together through his Hospitality and Innovative Cuisine.
B2. Recognition of Etiwanda High School Football Team for Winning the California Interscholastic Federation (CIF) Southern Section Championship.
B3. Proclamation Recognizing the Month of February 2023 as National Black History Month.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of January 18, 2023 and February 1, 2023.
D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,843,406.47 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $5,588,143.79 Dated January 23, 2023, Through February 05, 2023, and City and Fire District Electronic Debit Registers for the Month of January in the Total Amount of $2,025,605.13. (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $97,315.00 Dated January 23, 2023, Through February 05, 2023. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of January 31, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5. Consideration to Cancel the Regular Meetings of the Fire Protection District, Successor Agency, Public Financing Authority, and City Council on March 1, 2023, and January 3, 2024, and Reschedule the September 20, 2023 Meeting to September 19, 2023. (CITY/FIRE) D6. Consideration of a Funding Agreement with the San Bernardino County Transportation Authority (SBCTA) for the Cucamonga Station/Milliken Avenue Traffic Study; Authorization of Amendments and Scope Changes by the City Manager and City Engineer; and Authorization of Related Appropriations for Revenue and Expenditures. (CITY) D7. Consideration of a Professional Services Agreement with Empire Economics, Inc., for the Development of Annual Forecasting of the City’s Economic and Housing Conditions, and Supplemental Analyses on an as Needed Basis, in an Amount not to Exceed $150,000. (CITY) D8. Consideration to Accept Grant Revenue in the Amount of $28,522 Awarded by the Department of Homeland Security for the Fiscal Year 2021 Homeland Security Grant Program; and Authorization to Appropriate $28,522 for Approved Grant Expenses. (CITY/FIRE) D9. Consideration to Approve the Memorandum of Understanding Between the Scripps Institution of Oceanography and the Rancho Cucamonga Fire Protection District Relating to Site Access and Use of the AllRisk Training Center Tower. (FIRE)
D10. Consideration of a Professional Service Agreement with Upbeat Parade Productions for the 2023, 2024, and 2025 Founders Day Community Parade in an Amount Not to Exceed $60,000. (CITY)
D11. Consideration of an Increase to Contract No. 18121 for KWALL, LLC in the Amount of $77,500 for Additional Subsites to the City Website for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond®, and to Authorize an Appropriation in the Amount of $38,750. (CITY)
D12. Consideration for Approval of Amendment No. 2 to the 2011 Amended and Restated Lease Agreement 09253 with Rancho Baseball, LLC. (CITY)
D13. Consideration of Approval of Amendment No. 4 to Contract 19072 with SMG – Rancho Cucamonga Premier Food Services LLC and to Extend the Expiration Date of Amendment No. 1 by Five (5) Months until June 30, 2023. (CITY)
D14. Consideration of Amendment No. 07 to the Agreement with Pacific Utility Installation, Inc. (CO#19085) in the Amount of $565,450, Plus a 10% Contingency and Appropriation of Funds in the Amount of $622,050 from the Municipal Utility Fund (Fund 705) for Multiple RCMU Line Extension Projects. (CITY)
D15. Consideration to Accept Public Improvements as Complete, File a Notice of Completion, and Authorize Release of Bonds for the FY202122 Major Arterials Pavement Rehabilitation Project. (CITY)
D16. Consideration of an Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 7 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. DRC202000022, Located at 5686 San Marino Way. This item is exempt from the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines under CEQA Section 15303 – New Construction or Conversion of Small Structures. (RESOLUTION NO. 2023009) (RESOLUTION NO. 2023 010) (RESOLUTION NO. 2023011) (CITY)
D17. Consideration of Parcel Map 20251, Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance Districts Nos. 1 and 6 Related to Case No. SUBTPM20251, Located 650 Feet East of Etiwanda Avenue North of Napa Street at 13160 and 13120 Napa Street. (RESOLUTION NO. 2023012) (RESOLUTION NO. 2023013) (RESOLUTION NO. 2023 014) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of Resolution of Necessity of the City Council of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Atchison Topeka & Santa Fe RR Co., Located in City of Rancho Cucamonga, San Bernardino County Tax Assessor’s Parcel Number 022913127). (RESOLUTION NO. 2023015) (CITY) F2. Consideration of First Reading and Introduction of Ordinance No. 1016, to be Read by Title Only and Waive Further Reading, Repealing Chapter 9.34 of the Rancho Cucamonga Municipal Code to End the Narcotics and GangRelated Crime Eviction Program. (ORDINANCE NO. 1016) (CITY) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT H. CITY MANAGER'S STAFF REPORT(S)
I. COUNCIL BUSINESS
I1. Consideration to Approve the Reappointments of Two Members to the Public Art Committee. (CITY) I2. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I3. 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 Chef Gamboa of Five Star Catering.
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.”