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HomeMy WebLinkAbout2018-09-05 - Agenda PacketAGENDA FIRE PROTECTION DISTRICT BOARD -HOUSING SUCCESSOR AGENCY - SUCCESSOR AGENCY -PUBLIC FINANCING AUTHORITY -CITY COUNCIL Wednesday, September 5, 2018 10500 Civic Center Drive Rancho Cucamonga, CA 91730 REGULAR MEETINGS: 1st and 3rd Wednesdays - 7:00 P.M. ORDER OF BUSINESS: CLOSED SESSION TAPIA CONFERENCE ROOM 5:00 P.M. REGULAR MEETINGS COUNCILCHAMBERS 7:00 P.M. MEMBERS: MAYOR L. Dennis Michael CITYMANAGER John R. Gillison MAYOR PRO TEM Lynne B. Kennedy CITYATTORNEY James L. Markman COUNCIL MEMBERS William Alexander CITYCLERK Janice C. Reynolds Sam Spagnolo CITYTREASURER James C. Frost Diane Williams Rancho Cucamonga City Council Mission Statement • Make decisions, and be perceived as making decisions, for the general welfare of the community. . Always work to improve existing services and develop policies to meet the expected as well as anticipated needs of the community. • Work together cooperatively to respect all persons and their ideas in order to develop and maintain the trust of the community. Reflect the community's desires and priorities by assuring that decisions accurately reflect the community's interests by fairly translating public feedback into public policy. • Enhance the quality of life of all Rancho Cucamonga residents through the continued pursuit of excellence and commitment to the City's core values and goals. • Set the vision for the community for the future. . Have a professional, objective and respectful relationship with each other in order to more effectively address the challenges of the future. Page 1 Aft INFORMATION FOR THE PUBLIC 401V-1 s C UCAMONGrA TO ADDRESS THE FIRE BOARD, HOUSING SUCCESSOR AGENCY. SUCCESSOR AGENCY. PUBLIC FINANCING AUTHORITYAND CITYCOUNCIL The Fire Board, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. Any handouts for the Fire Board, Successor Agency, Public Financing Authority or City Council should be given to the City Clerk for distribution. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. 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. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an "Advertised Public Hearing" or on an "Administrative Hearing" Item(s), your name will be alled when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary bythe Chair, depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public Libraries and on the Citys website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Fire Board, Housing Successor Agency, Successor Agency, Public Financing Authority and CityCouncil meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 7:00 p.m. Streaming Video on Demand is available on the City's website at www.cityofrc.us/cityhall/council/videos.asp. The Fire Board, Successor Agency, Public Financing Authority and City Council meet 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. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Financing Authority. Copies of the agendas and minutes can be found @ www.cityofrc.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. 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. Please silence all cell phones and devices while the meeting is in session. Page 2 SEPTEMBER 5, 2018 FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITYAND CITY COUNCIL AGENDA CLOSED SESSION - 5:00 P.M. Roll Call: Mayor Michael Mayor Pro Tem Kennedy Council Members Alexander, Spagnolo and Williams A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION - Tapia Conference Room D.1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA)AND TEAMSTERS LOCAL 1932.—CITY D.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE AS PARCEL NUMBERS 0229-012-08-0000 AND 0229-012-10-0000; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER/ECONOMIC & COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND STEPHEN AGGAZOTI, REPRESENTING AGGAZOTI TRUST AND SAMUEL AND BARBARA DICARLO TRUST; REGARDING PRICE AND TERMS.—CITY D.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF CIVIC CENTER DRIVE AND HAVEN AVENUE AS PARCEL NUMBERS 0208-331-47-0000 AND 0208-331-40-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KEN WARD REPRESENTING UNITED STATES MARSHALS SERVICE; REGARDING PRICE AND TERMS.— CITY Page 3 DA. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 5917 ARCHIBALD AVENUE; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND LINDA J.L. MARIE WALKER AND JOSEPH A. WALKER, OWNERS; REGARDING PRICE AND TERMS. - CITY D.5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272-11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND MICHAEL DIEDEN REPRESENTING EMPIRE YARDS AT RANCHO, LLC; REGARDING PRICE AND TERMS. —CITY E. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY, AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REGULAR MEETING - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY, AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AGENCIES, AUTHORITY BOARD AND COUNCIL. Pledge of Allegiance Roll Call: Mayor Michael Mayor Pro Tem Kennedy Council Members Alexander, Spagnolo and Williams A. ANNOUNCEMENT/ PRESENTATIONS A.1. Presentation of a Proclamation Declaring the Month of September 2018 as "Suicide --- Prevention Month". A.2. Presentation of Rancho Cucamonga Fire District All Risk Training Center Highlights. B. PUBLIC COMMUNICATIONS 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 Page 4 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 non -controversial. They will be acted upon by the Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council Member for discussion. C. CONSENT CALENDAR- FIRE PROTECTION DISTRICT C.1. Consideration to Approve Bi -Weekly Payroll in the Amount of $798,419.32 and Weekly 9 Check Registers in the Amount of $1,275,312.37 Dated August 08, 2018 Through August 27, 2018. C.2. Consideration to Approve and Accept a $10,000 Grant Award from the California Fire 22 Foundation, for Costs Associated with the Solar Power and Electrical Safety Awareness Classes. D. CONSENT CALENDAR -HOUSING SUCCESSOR AGENCY E. CONSENT CALENDAR -SUCCESSOR AGENCY F. CONSENT CALENDAR- PUBLIC FINANCING AUTHORITY G. CONSENT CALENDAR -CITY COUNCIL G.1. Consideration to Approve Bi -Weekly Payroll in the Amount of $1,255,528.86 and Weekly 26 Check Registers in the Amount of $4,363,334.43 Dated August 08, 2018 Through August 27, 2018 . G.2. Consideration to Approve the Final Map of Tract No. 19918, Associated Improvement Agreement, Improvement Securities, and Ordering the Annexation to Landscape 39 Maintenance District No. 1 and Street Light Maintenance District No's. 1 and 2 for Tract No. 19918, Located at the Southwest Corner of Hellman Avenue and 6th Street, Submitted by RC1, LLC. RESOLUTION NO. 18-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO 42 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR TRACT NO. 19918 RESOLUTION NO. 18-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET 47 LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR TRACT NO. 19918 Page 5 RESOLUTION NO. 18-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET 53 LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR TRACT NO. 19918 G.3. Consideration of a Resolution Adopting the Measure "I" Five -Year Capital Improvement 58 Plan Covering Fiscal Years 2018/2023. RESOLUTION NO. 18-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO 60 CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PLAN COVERING FISCAL YEARS 2018/2023 FOR THE EXPENDITURE OF MEASURE "I" FUNDS GA. Consideration to Release Bonds for the Public Improvements Required on the Northeast 64 Corner of 6th Street and Center Avenue Related to Parcel Map 19683. G.5. Consideration to Approve the Renewal of Contract CO 15-095 with UPSCO PowerSafe 67 Systems, Inc., for Uninterruptible Power Supply (UPS) System Maintenance and Repair and Battery Replacements, with a Value of $49,900 for FY 2018/19, and an Estimated Total Contract Value of $199,600 Over the Four Years Remaining on the Contract; and, Authorize the City Manager or His Designee to Renew the Contract Annually. G.6. Consideration to Award a Contract to Albert Grover and Associates for Traffic Signal 71 Communication Services. G.7. Consideration of a Professional Services Agreement with the Kindred Corporation for 90 Printing and Mailing Services for Various Brochures in the Amount of $109,948 Annually; Not to Exceed $769,639 Over a Seven -Year Period. G.8. Consideration of Additional Appropriations in the Amount of $11,428 and $18,573 for 92 California State Library Grant Expenditures for the Archibald Library Media Lab. G.9. Consideration of the Use of Bibliotheca, LLC. to Provide E -Book and E-Audiobook Lending 96 Services to the Rancho Cucamonga Public Library Using the cloudLibraryTM Platform. G.10. Consideration to Accept and to Allocate $1,000 Awarded by the Young Adult Library 100 Services Association and Dollar General to Offer Teen Programs During the National Teen Read Week. G.11. Report in Conformance with California Government Code 65858 on Measures Taken to Alleviate the Need for Interim Ordinance 923, Requiring a Conditional Use Permit for the 102 Establishment of New Hotels or the Expansion of Existing Hotels. H. CONSENT ORDINANCES The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non -controversial. The City Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by a Council Member. H.1. Second Reading and Adoption of Ordinance No. 934 Approving Development Agreement DRC2015-00118 Between the City of Rancho Cucamonga and Sc Rancho Development 108 Corp. and Empire Lakes Holding Company, Llc, fora Previously Approved Mixed Use, High Density Development (Empire Lakes/The Resort) in Planning Area 1 (PA1), a Property of About 160 Acres Located North of 4th Street, South of the Burlington Northern Santa Fe Railway, West of Milliken Avenue, and East of Utica/Cleveland Avenues, within the Empire Lakes Specific Plan. Page 6 ORDINANCE NO. 934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 110 DRC2015-00118 BETWEEN THE CITY OF RANCHO CUCAMONGA AND SC RANCHO DEVELOPMENT CORP. AND EMPIRE LAKES HOLDING COMPANY, LLC, FOR A PREVIOUSLY APPROVED MIXED USE, HIGH DENSITY DEVELOPMENT (EMPIRE LAKES/THE RESORT) IN PLANNING AREA 1 (PA1), A PROPERTY OF ABOUT 160 ACRES LOCATED NORTH OF 4TH STREET, SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY, WEST OF MILLIKEN AVENUE, AND EAST OF UTICA/CLEVELAND AVENUES, WITHIN THE EMPIRE LAKES SPECIFIC PLAN. H.2. Second Reading and Adoption of Ordinance No. 937 approving Zoning Map Amendment DRC2015-00684 -Archibald Oil -A request to amend the Zoning Map land use district from 163 the Low Medium (LM) Residential District to the General Commercial (GC) District for a 1.22 -acre site located at the northeast corner of Archibald Avenue and Arrow Route; APNs: 0208-291-05 and 0208-291-06. Related Files: General Plan Amendment DRC2015-00683, Design Review DRC2015-00682, Conditional Use Permit DRC2015- 00681, Variance DRC2016-00831, and Minor Exception DRC2017-00879. ORDINANCE NO. 937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ZONING MAP AMENDMENT NO. 165 DRC2015-00684, A REQUEST TO AMEND THE ZONING MAP LAND USE DISTRICT FROM THE LOW MEDIUM (LM) RESIDENTIAL DISTRICT TO THE GENERAL COMMERCIAL (GC) DISTRICT FOR A 1.22 -ACRE SITE LOCATED AT THE NORTHEAST CORNER OF ARCHIBALD AVENUE AND ARROW ROUTE, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0208-291-05 AND 0208-291- 06. I. ADMINISTRATIVE HEARING ITEM J. ADVERTISED PUBLIC HEARINGS -CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. J.1. Consideration to Conduct First Reading and Introduce an Ordinance Amending Title 17 of the Municipal Code to Revise Requirements and Standards for the Development of M Accessory Dwelling Units, Also Referred to as Second Dwelling Units Consistent with State Law. This Item is Exempt from the Requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines Under CEQA Section 15282(h). ORDINANCE NO. 938 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE 188 RANCHO CUCAMONGA MUNICIPAL CODE AMENDING REQUIREMENTS AND STANDARDS FOR THE DEVELOPMENT OF ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW, AND MAKING FINDINGS IN SUPPORT THEREOF K. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. L. COUNCIL BUSINESS L.1. COUNCIL ANNOUCEMENTS (Comments to be limited to three minutes per Council Member.) Page 7 L.2. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) M. IDENTIFICATION OF ITEMS FOR NEXT MEETING N. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy -Two (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. Page 8 DATE: September 5, 2018 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE BI -WEEKLY PAYROLL IN THE AMOUNT OF $798,419.32 AND WEEKLY CHECK REGISTERS IN THE AMOUNT OF $1,275,312.37 DATED AUGUST 08, 2018 THROUGH AUGUST 27, 2018. RECOMMENDATION: Staff recommends Fire Board approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 Check Register Page 9 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00008211 08/08/2018 US DEPARTMENT OF ENERGY 10,322.96 0.00 10,322.96 AP 00008212 08/08/2018 MICHAEL BAKER INTERNATIONAL INC 1,110.21 0.00 1,110.21 AP 00008213 08/08/2018 MICHAEL, L. DENNIS 69.26 0.00 69.26 AP 00008214 08/15/2018 SAN BERNARDINO CTY SHERIFFS DEPT 62,683.22 0.00 62,683.22 AP 00008215 08/15/2018 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 13,270.00 0.00 13,270.00 AP 00008216 08/15/2018 EDF TRADING NORTH AMERICA LLC 24,150.00 0.00 24,150.00 AP 00008217 08/15/2018 RCCEA 1,786.50 0.00 1,786.50 AP 00008218 08/15/2018 RCPFA 11,509.11 0.00 11,509.11 AP 00008219 08/15/2018 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00008220 08/15/2018 SAN BERNARDINO COUNTY 240.00 0.00 240.00 AP 00008221 08/15/2018 SHELL ENERGY NORTH AMERICA 252,500.00 0.00 252,500.00 AP 00008222 08/22/2018 CHAFFEY JOINT UNION HS DISTRICT 1,611.82 0.00 1,611.82 AP 00008223 08/22/2018 RE ASTORIA 2 LLC 124,117.82 0.00 124,117.82 AP 00008224 08/22/2018 SAN BERNARDINO COUNTY 16.00 0.00 16.00 AP 00393004 08/08/2018 A AND R TIRE SERVICE 1,225.72 0.00 1,225.72 AP 00393005 08/08/2018 AGUILERA, ISAIAH 39.19 0.00 39.19 AP 00393006 08/08/2018 AIRGAS USA LLC 397.18 0.00 397.18 AP 00393007 08/08/2018 ALL CITIES TOOLS 144.97 0.00 144.97 AP 00393008 08/08/2018 ALLIANCE BUS LINES INC 1,930.90 0.00 1,930.90 AP 00393009 08/08/2018 ASSI SECURITY 3,950.00 0.00 3,950.00 AP 00393010 08/08/2018 ATOZDATABASE 6,960.00 0.00 6,960.00 AP 00393011 08/08/2018 BMC SOFTWARE INC 6,654.40 0.00 6,654.40 AP 00393013 08/08/2018 C V W D 84,009.83 0.00 84,009.83 AP 00393014 08/08/2018 CALIFA GROUP 400.00 0.00 400.00 AP 00393015 08/08/2018 CALIFORNIA STATE UNIVERSITY FRESNO 115.00 0.00 115.00 AP 00393016 08/08/2018 CALIFORNIA, STATE OF 115.00 0.00 115.00 AP 00393017 08/08/2018 CARLSON, GINA ANDREA BROWN 315.00 0.00 315.00 AP 00393018 08/08/2018 CARQUEST AUTO PARTS 59.13 0.00 59.13 AP 00393019 08/08/2018 CINTAS CORPORATION #150 1,239.03 0.00 1,239.03 AP 00393020 08/08/2018 CREATIVE BRAIN LEARNING 831.60 0.00 831.60 AP 00393021 08/08/2018 CSUSB THEATRE DEPARTMENT 160.00 0.00 160.00 AP 00393022 08/08/2018 D AND K CONCRETE COMPANY 685.30 0.00 685.30 AP 00393023 08/08/2018 DANIELS TIRE SERVICE 0.00 124.50 124.50 AP 00393024 08/08/2018 DANIELS, NOAH 75.52 0.00 75.52 AP 00393025 08/08/2018 DELTA DENTAL 1,469.88 0.00 1,469.88 AP 00393026 08/08/2018 DIRECTV 253.80 0.00 253.80 AP 00393027 08/08/2018 ENLIGHTENED LEARNING CLUB 775.23 0.00 775.23 AP 00393028 08/08/2018 ERICKSON, CATHERINE 81.65 0.00 81.65 AP 00393029 08/08/2018 ESCOBAR, LUIS 315.00 0.00 315.00 AP 00393030 08/08/2018 EXECUTIVE AUTO DETAIL 455.00 0.00 455.00 AP 00393031 08/08/2018 EXPRESS BRAKE SUPPLY 66.02 0.00 66.02 AP 00393032 08/08/2018 FACTORY MOTOR PARTS 0.00 499.06 499.06 AP 00393033 08/08/2018 FELICIANO, GASPAR ANTHONY 384.00 0.00 384.00 AP 00393034 08/08/2018 FLORES, CHRISTINE 0.00 25.62 25.62 AP 00393035 08/08/2018 FOLKENS, KIM 200.58 0.00 200.58 AP 00393036 08/08/2018 FRONTIER COMM 1,926.89 229.22 2,156.11 *** AP 00393037 08/08/2018 GALE/CENGAGE LEARNING 2,753.69 0.00 2,753.69 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 10 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393038 08/08/2018 GOGOV APPS INC 3,500.00 0.00 3,500.00 AP 00393039 08/08/2018 GRANICUS INC 10,150.00 0.00 10,150.00 AP 00393040 08/08/2018 GRANT III, VINCENT 116.80 0.00 116.80 AP 00393041 08/08/2018 GRIFFITHS, VICTORIA MICHELLE 252.23 0.00 252.23 AP 00393042 08/08/2018 GUERRA, KELLY 125.35 0.00 125.35 AP 00393043 08/08/2018 SIMMS, GUY 300.00 0.00 300.00 AP 00393044 08/08/2018 HERITAGE EDUCATION GROUP 1,109.00 0.00 1,109.00 AP 00393045 08/08/2018 HOCKWALD, CYNTHIA 250.00 0.00 250.00 AP 00393046 08/08/2018 HOLLIDAY ROCK CO INC 1,842.95 0.00 1,842.95 AP 00393047 08/08/2018 HUNT, KAREN 63.92 0.00 63.92 AP 00393048 08/08/2018 ICC CITRUS BELT CHAPTER 15.00 0.00 15.00 AP 00393049 08/08/2018 IIMC 225.00 0.00 225.00 AP 00393050 08/08/2018 IMPRESSIONS GOURMET CATERING 1,914.50 0.00 1,914.50 AP 00393051 08/08/2018 INLAND EMPIRE STAGES LTD 1,181.25 0.00 1,181.25 AP 00393052 08/08/2018 JOBS AVAILABLE INC 448.50 0.00 448.50 AP 00393053 08/08/2018 K -K WOODWORKING 75.35 0.00 75.35 AP 00393054 08/08/2018 KLEIN PRODUCTS 146.25 0.00 146.25 AP 00393055 08/08/2018 KONG, ELIZABETH SAMNANG 3,475.00 0.00 3,475.00 AP 00393056 08/08/2018 LENOVO (UNITED STATES) INC. 60,237.18 0.00 60,237.18 AP 00393057 08/08/2018 MARK CHRISTOPHER INC 0.00 549.75 549.75 AP 00393058 08/08/2018 MAUREEN KANE AND ASSOCIATES INC 1,550.00 0.00 1,550.00 AP 00393059 08/08/2018 MEDRANO, CELESTE 41.75 0.00 41.75 AP 00393060 08/08/2018 MRB DEER CREEK CAR WASH 240.00 0.00 240.00 AP 00393061 08/08/2018 MUSICLAND 215.60 0.00 215.60 AP 00393062 08/08/2018 MUSICSTAR 1,267.20 0.00 1,267.20 AP 00393063 08/08/2018 NAFA FLEET MANAGEMENT ASSOCIATION 499.00 0.00 499.00 AP 00393064 08/08/2018 NAPA AUTO PARTS 165.76 17.86 183.62 *** AP 00393065 08/08/2018 OCCUPATIONAL HEALTH CTRS OF CA 410.63 0.00 410.63 AP 00393066 08/08/2018 ONTARIO ICE SKATING CENTER 1,478.40 0.00 1,478.40 AP 00393067 08/08/2018 PACIFIC YOUTH SPORTS 750.00 0.00 750.00 AP 00393068 08/08/2018 PARSAC 0.00 95,246.00 95,246.00 AP 00393069 08/08/2018 RANCHO CUCAMONGA QUAKES 2,363.50 0.00 2,363.50 AP 00393070 08/08/2018 RAYIKANTI, RUTH 55.00 0.00 55.00 AP 00393071 08/08/2018 RICHARDS WATSON AND GERSHON 0.00 1,088.00 1,088.00 AP 00393072 08/08/2018 ROBERTS, CHAD 117.72 0.00 117.72 AP 00393073 08/08/2018 SAN GABRIEL MOUNTAINS HERITAGE ASSOCIATION 448.00 0.00 448.00 AP 00393074 08/08/2018 SC FUELS 0.00 12,123.24 12,123.24 AP 00393075 08/08/2018 SITEIMPROVE INC 7,095.00 0.00 7,095.00 AP 00393076 08/08/2018 SO CALIF GAS COMPANY 0.00 209.18 209.18 AP 00393077 08/08/2018 SOLARWINDS INC 2,559.00 0.00 2,559.00 AP 00393080 08/08/2018 SOUTHERN CALIFORNIA EDISON 23,538.64 0.00 23,538.64 AP 00393081 08/08/2018 SOUTHERN CALIFORNIA EDISON 80.36 0.00 80.36 AP 00393082 08/08/2018 SOUTHLAND SPORTS OFFICIALS 1,080.00 0.00 1,080.00 AP 00393083 08/08/2018 STANDARD INSURANCE COMPANY 13,501.08 0.00 13,501.08 AP 00393084 08/08/2018 STERLING COFFEE SERVICE 530.37 0.00 530.37 AP 00393085 08/08/2018 STRESS LESS EXPRESS LLC 165.00 0.00 165.00 AP 00393086 08/08/2018 SUNIGA, ALYCIA 30.78 0.00 30.78 User: VLOPEZ - 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VERONICA LOPEZ Page: 4 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393182 08/15/2018 HERNANDEZ, DANIEL 70.00 0.00 70.00 AP 00393183 08/15/2018 INLAND EMPIRE PROPERTY SERVICES INC 0.00 10,375.00 10,375.00 AP 00393184 08/15/2018 KRONOS INC 0.00 180.00 180.00 AP 00393185 08/15/2018 LIEBERT CASSIDY WHITMORE 9,963.55 0.00 9,963.55 AP 00393186 08/15/2018 LOWES COMPANIES INC. 2,978.16 604.81 3,582.97 *** AP 00393187 08/15/2018 MOUNTAIN VIEW SMALL ENG REPAIR 538.74 0.00 538.74 AP 00393188 08/15/2018 NINYO & MOORE 1,479.50 0.00 1,479.50 AP 00393189 08/15/2018 RICHARDS WATSON AND GERSHON 43,893.17 5,517.04 49,410.21 *** AP 00393190 08/15/2018 WAXIE SANITARY SUPPLY 3,071.93 0.00 3,071.93 AP 00393191 08/15/2018 WESTLAND GROUP INC 6,327.00 0.00 6,327.00 AP 00393192 08/15/2018 WILBUR-ELLIS COMPANY 324.28 0.00 324.28 AP 00393193 08/15/2018 IUP GRAPHICS 0.00 1,557.64 1,557.64 AP 00393194 08/15/2018 ADAPT CONSULTING INC 392.58 1,985.95 2,378.53 *** AP 00393195 08/15/2018 AFLAC GROUP INSURANCE 40.97 0.00 40.97 AP 00393196 08/15/2018 AFLAC GROUP INSURANCE 5,768.02 0.00 5,768.02 AP 00393197 08/15/2018 AGENCY FOR THE PERFORMING ARTS INC. 12,500.00 0.00 12,500.00 AP 00393198 08/15/2018 ALL CITIES TOOLS 0.00 404.06 404.06 AP 00393199 08/15/2018 ALPHAGRAPHICS 456.75 0.00 456.75 AP 00393200 08/15/2018 ASPA 120.00 0.00 120.00 AP 00393201 08/15/2018 ASSOCIATION OF CHILDREN'S MUSEUMS 400.00 0.00 400.00 AP 00393202 08/15/2018 AUFBAU CORPORATION 13,302.00 0.00 13,302.00 AP 00393203 08/15/2018 BAKER, CLIFF 200.00 0.00 200.00 AP 00393204 08/15/2018 BEVINS ROADSIDING INC 2,000.00 0.00 2,000.00 AP 00393205 08/15/2018 BiCOASTAL PRODUCTIONS 6,510.00 0.00 6,510.00 AP 00393206 08/15/2018 BROWN, STEVE 0.00 270.00 270.00 AP 00393207 08/15/2018 C V W D 8,068.71 55.20 8,123.91 *** AP 00393208 08/15/2018 CAL PERS LONG TERM CARE 254.14 0.00 254.14 AP 00393209 08/15/2018 CALIFORNIA PROFESSIONAL ENGINEERING INC 126,156.77 0.00 126,156.77 AP 00393210 08/15/2018 CALIFORNIA, STATE OF 301.05 0.00 301.05 AP 00393211 08/15/2018 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00393212 08/15/2018 CALIFORNIA, STATE OF 100.00 0.00 100.00 AP 00393213 08/15/2018 CALIFORNIA, STATE OF 312.88 0.00 312.88 AP 00393214 08/15/2018 CALIFORNIA, STATE OF 396.15 0.00 396.15 AP 00393215 08/15/2018 CAMPOS, ENMA P. 2,137.50 0.00 2,137.50 AP 00393216 08/15/2018 CASTILLO, JESSIE 250.00 0.00 250.00 AP 00393217 08/15/2018 CHARTER COMMUNICATIONS 39.00 0.00 39.00 AP 00393218 08/15/2018 CINTAS CORPORATION #150 0.00 359.63 359.63 AP 00393219 08/15/2018 CLARKE PLUMBING SPECIALTIES INC. 0.00 15.42 15.42 AP 00393220 08/15/2018 CORELOGIC SOLUTIONS LLC 257.50 0.00 257.50 AP 00393221 08/15/2018 CP LOGISTICS UTICA LLC -CL 4,291.00 0.00 4,291.00 AP 00393222 08/15/2018 DAVIS, SAM 552.50 0.00 552.50 AP 00393223 08/15/2018 DEPENDABLE COMPANY INC. 28.00 0.00 28.00 AP 00393224 08/15/2018 DP SOLUTIONS INC 0.00 3,000.00 3,000.00 AP 00393225 08/15/2018 DREAM SHAPERS 720.00 0.00 720.00 AP 00393226 08/15/2018 DUDE SOLUTIONS 16,890.00 0.00 16,890.00 AP 00393227 08/15/2018 EBSCO 12,000.00 0.00 12,000.00 AP 00393228 08/15/2018 EDUCATIONAL CREDIT MANAGEMENT CORP. 5.00 0.00 5.00 User: VLOPEZ - VERONICA LOPEZ Page: 5 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 14 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393229 08/15/2018 EMPLOYMENT DEVELOPMENT DEPT. 60.00 0.00 60.00 AP 00393230 08/15/2018 FELICIANO, GASPAR ANTHONY 288.00 0.00 288.00 AP 00393231 08/15/2018 GONSALVES AND SON,JOE A 6,000.00 0.00 6,000.00 AP 00393232 08/15/2018 GONZALEZ, CATHY 63.00 0.00 63.00 AP 00393233 08/15/2018 GRAPHICS FACTORY INC. 457.94 0.00 457.94 AP 00393234 08/15/2018 HDL SOFTWARE LLC. 13,718.23 0.00 13,718.23 AP 00393235 08/15/2018 HILL, MATT 0.00 145.00 145.00 AP 00393236 08/15/2018 HOTTINGER, HEATHER 720.00 0.00 720.00 AP 00393237 08/15/2018 HOYT LUMBER CO., SM 0.00 20.21 20.21 AP 00393238 08/15/2018 ICE DATA PRICING AND REFERENCE DATA LLC 133.85 0.00 133.85 AP 00393239 08/15/2018 INDERWIESCHE, MATT 1,725.00 0.00 1,725.00 AP 00393240 08/15/2018 INNERLINE ENGINEERING INC 1,148.00 0.00 1,148.00 AP 00393241 08/15/2018 JOHNNY ALLEN TENNIS ACADEMY 3,067.80 0.00 3,067.80 AP 00393242 08/15/2018 K -K WOODWORKING 129.17 0.00 129.17 AP 00393243 08/15/2018 KEITH, JORRY 150.00 0.00 150.00 AP 00393244 08/15/2018 KENNEDY EQUIPMENT INC 832.56 0.00 832.56 AP 00393245 08/15/2018 KLAUS AND SONS 7,856.00 0.00 7,856.00 AP 00393246 08/15/2018 KLAUS AND SONS 3,925.00 0.00 3,925.00 AP 00393247 08/15/2018 KNIGHT, AMANDA 22.89 0.00 22.89 AP 00393248 08/15/2018 KRIEGER, ED 300.00 0.00 300.00 AP 00393249 08/15/2018 KRONOS INC 0.00 14,804.95 14,804.95 AP 00393250 08/15/2018 LANTAI, KRIS 400.00 0.00 400.00 AP 00393251 08/15/2018 LINEAR SYSTEMS INC 3,000.00 0.00 3,000.00 AP 00393252 08/15/2018 LOS ANGELES FREIGHTLINER 40.30 0.00 40.30 AP 00393254 08/15/2018 LOWES COMPANIES INC. 4,258.43 1,607.95 5,866.38 *** AP 00393255 08/15/2018 MARLINK SA INC 0.00 164.90 164.90 AP 00393256 08/15/2018 MC TRUCKING 1,812.88 0.00 1,812.88 AP 00393257 08/15/2018 MOE, JOHN 210.00 0.00 210.00 AP 00393258 08/15/2018 MORALES, ALYSSA 55.05 0.00 55.05 AP 00393259 08/15/2018 MORRISON SPORTS LLC 5,198.20 0.00 5,198.20 AP 00393260 08/15/2018 MSA 20.00 0.00 20.00 AP 00393261 08/15/2018 MUSICLAND 1,155.00 0.00 1,155.00 AP 00393262 08/15/2018 NEOPOST-4715 - 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CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 15 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393277 08/15/2018 SOLARWINDS INC 438.00 0.00 438.00 AP 00393283 08/15/2018 SOUTHERN CALIFORNIA EDISON 52,359.69 3,272.95 55,632.64 *** AP 00393284 08/15/2018 SOUTHERN CALIFORNIA EDISON 387.31 0.00 387.31 AP 00393285 08/15/2018 SPRINT 0.00 121.95 121.95 AP 00393286 08/15/2018 STORAGE CONTAINER.COM 198.00 0.00 198.00 AP 00393287 08/15/2018 SUPERION LLC 400.00 0.00 400.00 AP 00393288 08/15/2018 TECH 24 COMMERCIAL FOODSERVICE REPAIR INC 412.28 0.00 412.28 AP 00393289 08/15/2018 U.S. BANK PARS ACCT #6746022500 6,605.00 0.00 6,605.00 AP 00393290 08/15/2018 U.S. BANK PARS ACCT #6746022500 17,268.82 0.00 17,268.82 AP 00393291 08/15/2018 U.S. BANK PARS ACCT #6746022500 1,425.68 0.00 1,425.68 AP 00393292 08/15/2018 UPS 43.86 0.00 43.86 AP 00393293 08/15/2018 VERIZON 27.09 0.00 27.09 AP 00393298 08/15/2018 VERIZON WIRELESS - LA 6,218.27 0.00 6,218.27 AP 00393299 08/15/2018 VERIZON WIRELESS - LA 182.94 0.00 182.94 AP 00393300 08/15/2018 VERIZON WIRELESS - LA 421.11 0.00 421.11 AP 00393301 08/15/2018 VIDO SAMARZICH INC 278,952.30 0.00 278,952.30 AP 00393302 08/15/2018 VIRTUAL PROJECT MANAGER INC 500.00 0.00 500.00 AP 00393303 08/15/2018 VISION SERVICE PLAN CA 11,475.64 0.00 11,475.64 AP 00393304 08/15/2018 WAXIE SANITARY SUPPLY 1,134.91 0.00 1,134.91 AP 00393305 08/15/2018 WELLS, JUDITH 50.14 0.00 50.14 AP 00393306 08/15/2018 WILDASINN, PATRICIA 42.00 0.00 42.00 AP 00393307 08/15/2018 WINZER CORPORATION 0.00 200.63 200.63 AP 00393308 08/15/2018 WOODBRIDGE HOSPITALITY INC 6,500.00 0.00 6,500.00 AP 00393309 08/15/2018 WORD MILL PUBLISHING 1,400.00 0.00 1,400.00 AP 00393310 08/15/2018 ZEP SALES AMD SERVICE 1,087.11 0.00 1,087.11 AP 00393311 08/16/2018 US POST OFFICE 225.00 0.00 225.00 AP 00393312 08/16/2018 VILLAROSA, DENNIS 1,576.44 0.00 1,576.44 AP 00393313 08/16/2018 INTERSTATE BATTERIES 326.48 0.00 326.48 AP 00393314 08/16/2018 LAWSON PRODUCTS INC 0.00 2,721.00 2,721.00 AP 00393315 08/16/2018 LN CURTIS AND SONS 0.00 1,736.84 1,736.84 AP 00393316 08/16/2018 MINUTEMAN PRESS 303.23 0.00 303.23 AP 00393318 08/16/2018 OFFICE DEPOT 7,336.19 0.00 7,336.19 AP 00393319 08/16/2018 PSA PRINT GROUP 187.49 0.00 187.49 AP 00393320 08/16/2018 SUNRISE FORD 2,299.64 0.00 2,299.64 AP 00393321 08/16/2018 ABC LOCKSMITHS 2,379.94 0.00 2,379.94 AP 00393322 08/16/2018 BSN SPORTS LLC 1,271.18 0.00 1,271.18 AP 00393323 08/16/2018 DUNN EDWARDS CORPORATION 1,223.48 0.00 1,223.48 AP 00393324 08/16/2018 EMCOR SERVICE 839.00 0.00 839.00 AP 00393325 08/16/2018 HOSE MAN INC 265.08 0.00 265.08 AP 00393326 08/16/2018 INLAND VALLEY DAILY BULLETIN 1,281.00 0.00 1,281.00 AP 00393327 08/16/2018 OFFICE DEPOT 1,948.20 0.00 1,948.20 AP 00393328 08/22/2018 ABDELKADER, HAILMA 15.00 0.00 15.00 AP 00393329 08/22/2018 ABLE BUILDING MAINTENANCE 2,091.85 0.00 2,091.85 AP 00393330 08/22/2018 ABU-HAJAR, SHUROOQ 15.00 0.00 15.00 AP 00393331 08/22/2018 AGUIRRE, THALIA 15.00 0.00 15.00 AP 00393332 08/22/2018 AMTECH ELEVATOR SERVICES 3,437.28 0.00 3,437.28 AP 00393333 08/22/2018 AYALA, HAILI 15.00 0.00 15.00 User: VLOPEZ - VERONICA LOPEZ Page: 7 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 16 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393334 08/22/2018 BAEZA, LIZETTE 15.00 0.00 15.00 AP 00393335 08/22/2018 BLAZAUSKAS, MELODY 15.00 0.00 15.00 AP 00393336 08/22/2018 BOULANGER, SUSAN 15.00 0.00 15.00 AP 00393337 08/22/2018 BROWN-HOGARTH, S. 15.00 0.00 15.00 AP 00393338 08/22/2018 BRYANT, AUGUST 15.00 0.00 15.00 AP 00393339 08/22/2018 CALIFA GROUP 13,312.59 0.00 13,312.59 AP 00393340 08/22/2018 CENTENO, JASON 0.00 320.00 320.00 AP 00393341 08/22/2018 CINTAS CORPORATION #150 0.00 380.17 380.17 AP 00393342 08/22/2018 COAST RECREATION INC 6,491.51 0.00 6,491.51 AP 00393343 08/22/2018 CONVERGEONE INC. 15,047.00 0.00 15,047.00 AP 00393344 08/22/2018 D M CONTRACTING INC 3,986.01 0.00 3,986.01 AP 00393345 08/22/2018 DIRKSON, DANIELLE 15.00 0.00 15.00 AP 00393346 08/22/2018 ELIAS, KRYSTA 15.00 0.00 15.00 AP 00393347 08/22/2018 ELITE CUSTOMS CONSTRUCTION 550.00 0.00 550.00 AP 00393348 08/22/2018 EVERETT, ANTHONY 15.00 0.00 15.00 AP 00393349 08/22/2018 FORTIN LAW GROUP 6,333.44 0.00 6,333.44 AP 00393350 08/22/2018 FOUR POINTS BY SHERATON 1,636.91 0.00 1,636.91 AP 00393351 08/22/2018 GEOGRAPHICS 9,625.88 0.00 9,625.88 AP 00393352 08/22/2018 GILLEN, SARAH 15.00 0.00 15.00 AP 00393353 08/22/2018 GNASTER, GAVIN 15.00 0.00 15.00 AP 00393354 08/22/2018 GRAINGER 172.60 0.00 172.60 AP 00393355 08/22/2018 GUERRIERI, GABBY 15.00 0.00 15.00 AP 00393356 08/22/2018 HARRISON, KWMAINE 15.00 0.00 15.00 AP 00393357 08/22/2018 HOWELL, HAILEY 15.00 0.00 15.00 AP 00393358 08/22/2018 HUNTINGTON HARDWARE 902.72 0.00 902.72 AP 00393359 08/22/2018 LITTLE BEAR PRODUCTIONS 1,225.00 0.00 1,225.00 AP 00393360 08/22/2018 MAIN STREET SIGNS 13,501.88 0.00 13,501.88 AP 00393361 08/22/2018 MARIPOSA LANDSCAPES INC 36,391.55 0.00 36,391.55 AP 00393362 08/22/2018 MIDWEST TAPE 640.84 0.00 640.84 AP 00393363 08/22/2018 MITCHELL, REBECCA 18.15 0.00 18.15 AP 00393364 08/22/2018 NEW IMAGE COMMERCIAL FLOORING 0.00 535.00 535.00 AP 00393365 08/22/2018 OCCUPATIONAL HEALTH CTRS OF CA 408.12 13,575.00 13,983.12 *** AP 00393366 08/22/2018 QUALITY CODE PUBLISHING 666.01 0.00 666.01 AP 00393367 08/22/2018 RANCHO DISPOSAL SERVICES INC 1,080.00 0.00 1,080.00 AP 00393368 08/22/2018 RED WING SHOE STORE 344.24 0.00 344.24 AP 00393369 08/22/2018 REGENTS OF THE UNIVERSITY OF CALIFORNIA 433.56 0.00 433.56 AP 00393370 08/22/2018 RIVAS, KRISTINA 19.68 0.00 19.68 AP 00393371 08/22/2018 ROTO ROOTER 5,285.79 0.00 5,285.79 AP 00393372 08/22/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 223.04 0.00 223.04 AP 00393373 08/22/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 11,458.68 0.00 11,458.68 AP 00393374 08/22/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 233.40 0.00 233.40 AP 00393375 08/22/2018 SAN BERNARDINO CTY 15,302.30 0.00 15,302.30 AP 00393376 08/22/2018 SC FUELS 3,688.16 0.00 3,688.16 AP 00393377 08/22/2018 SILVER & WRIGHT LLP 10,403.83 0.00 10,403.83 AP 00393378 08/22/2018 SOUTH COAST AQMD 6.37 0.00 6.37 AP 00393379 08/22/2018 SOUTH COAST AQMD 135.04 0.00 135.04 AP 00393380 08/22/2018 U S LEGAL SUPPORT INC 617.45 0.00 617.45 User: VLOPEZ - VERONICA LOPEZ Page: 8 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 17 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393381 08/22/2018 20/20 TRAINING 40.00 0.00 40.00 AP 00393382 08/22/2018 6TH & HERMOSA JP/DF LLC 15,000.00 0.00 15,000.00 AP 00393383 08/22/2018 A AND R TIRE SERVICE 975.02 0.00 975.02 AP 00393384 08/22/2018 AAA ASO DANIEL ANGUTANO 0.00 4,026.95 4,026.95 AP 00393385 08/22/2018 ABLE BUILDING MAINTENANCE 1,511.10 0.00 1,511.10 AP 00393386 08/22/2018 AFLAC GROUP INSURANCE 5,302.06 0.00 5,302.06 AP 00393387 08/22/2018 ALBERT A. WEBB 3,481.08 0.00 3,481.08 AP 00393388 08/22/2018 ALEJANDRE, AMY 236.56 0.00 236.56 AP 00393389 08/22/2018 ALLIANCE BUS LINES INC 799.20 0.00 799.20 AP 00393390 08/22/2018 ALPHAGRAPHICS 48.48 0.00 48.48 AP 00393391 08/22/2018 AMTECH ELEVATOR SERVICES 687.27 0.00 687.27 AP 00393392 08/22/2018 ARROW TRAILER SUPPLIES INC 309.08 0.00 309.08 AP 00393393 08/22/2018 ASSI SECURITY 0.00 10,475.00 10,475.00 AP 00393394 08/22/2018 AT&T MOBILITY 0.00 86.46 86.46 AP 00393395 08/22/2018 AUFBAU CORPORATION 15,680.00 0.00 15,680.00 AP 00393396 08/22/2018 BICONDOVA, JOHN 0.00 454.97 454.97 AP 00393399 08/22/2018 C V W D 133,054.11 0.00 133,054.11 AP 00393400 08/22/2018 CAPIO 0.00 225.00 225.00 AP 00393401 08/22/2018 CAPPELLI, NICOLAS 15.00 0.00 15.00 AP 00393402 08/22/2018 CARTY, DIANE 288.00 0.00 288.00 AP 00393403 08/22/2018 CASTILLO, FRANCISCO 576.00 0.00 576.00 AP 00393404 08/22/2018 CINTAS CORPORATION #150 3,506.65 741.33 4,247.98 *** AP 00393405 08/22/2018 CLARK, KAREN 378.00 0.00 378.00 AP 00393406 08/22/2018 COMBINED MARTIAL SCIENCE INC 5,674.80 0.00 5,674.80 AP 00393407 08/22/2018 CRP OAKMONT SANTA ANITA LLC 848.42 0.00 848.42 AP 00393408 08/22/2018 DAKTRONICS INC 294.38 0.00 294.38 AP 00393409 08/22/2018 DANCE TERRIFIC 1,701.00 0.00 1,701.00 AP 00393410 08/22/2018 DELTA DENTAL 41,897.03 0.00 41,897.03 AP 00393411 08/22/2018 DEPARTMENT OF CONSUMER AFFAIRS 115.00 0.00 115.00 AP 00393412 08/22/2018 DEPARTMENT OF RESOURCES RECYCLING 700.00 0.00 700.00 AP 00393413 08/22/2018 DIRECTV 136.48 0.00 136.48 AP 00393414 08/22/2018 DUNN, ANN MARIE 138.60 0.00 138.60 AP 00393415 08/22/2018 ERICKSON HALL CONSTRUCTION 0.00 8,400.00 8,400.00 AP 00393416 08/22/2018 ERICKSON HALL CONSTRUCTION 0.00 11,420.00 11,420.00 AP 00393417 08/22/2018 EXPERIAN 52.00 0.00 52.00 AP 00393418 08/22/2018 FBI-LEEDA 650.00 0.00 650.00 AP 00393419 08/22/2018 FEDERAL EXPRESS CORP 18.60 0.00 18.60 AP 00393420 08/22/2018 FEDERAL EXPRESS CORP 66.10 0.00 66.10 AP 00393421 08/22/2018 FEDERAL EXPRESS CORP 30.69 0.00 30.69 AP 00393422 08/22/2018 FEHR AND PEERS 392.50 0.00 392.50 AP 00393423 08/22/2018 FRONTIER COMM 2,226.69 363.14 2,589.83 *** AP 00393424 08/22/2018 GILLISON, JOHN 974.99 0.00 974.99 AP 00393425 08/22/2018 GKKWORKS CONSTRUCTION SERVICES 10,000.00 0.00 10,000.00 AP 00393426 08/22/2018 GRAND TERRACE, CITY OF 45.00 0.00 45.00 AP 00393427 08/22/2018 HEARTSAVERS LLC 638.00 0.00 638.00 AP 00393428 08/22/2018 HI WAY SAFETY INC 148.48 0.00 148.48 AP 00393429 08/22/2018 HOME DEPOT CREDIT SERVICES 645 719.52 0.00 719.52 User: VLOPEZ - VERONICA LOPEZ Page: 9 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393430 08/22/2018 HONDA YAMAHA HUSQVARNA OF REDLANDS 874.93 0.00 874.93 AP 00393431 08/22/2018 HOWARD RIDLEY COMPANY INC 20,624.00 0.00 20,624.00 AP 00393432 08/22/2018 HUNTINGTON HARDWARE 1,176.69 0.00 1,176.69 AP 00393433 08/22/2018 ICC FOOTHILL CHAPTER 70.00 0.00 70.00 AP 00393434 08/22/2018 IDEAL GLASS TINTING 2,475.00 0.00 2,475.00 AP 00393435 08/22/2018 INDUSTRIAL HARDWARE AND SERVICE CO 145.46 0.00 145.46 AP 00393436 08/22/2018 INLAND VALLEY DANCE ACADEMY 2,730.60 0.00 2,730.60 AP 00393437 08/22/2018 JOHNSON, KEN 200.00 0.00 200.00 AP 00393438 08/22/2018 JUAREZ, RAYMOND 6,096.87 0.00 6,096.87 AP 00393439 08/22/2018 K -K WOODWORKING 64.59 0.00 64.59 AP 00393440 08/22/2018 KHOURY, OLVA 158.74 0.00 158.74 AP 00393441 08/22/2018 KIMBALL MIDWEST 578.75 0.00 578.75 AP 00393442 08/22/2018 KIP AMERICA INC 1,493.00 0.00 1,493.00 AP 00393443 08/22/2018 KOSSON TALENT LLC 3,348.00 0.00 3,348.00 AP 00393444 08/22/2018 LEOS PARTY RENTALS 374.11 0.00 374.11 AP 00393445 08/22/2018 LEVEL 3 COMMUNICATIONS LLC 5,291.57 0.00 5,291.57 AP 00393446 08/22/2018 LIGHTHOUSE, THE 133.57 0.00 133.57 AP 00393447 08/22/2018 LIVE OAK DOG OBEDIENCE 312.00 0.00 312.00 AP 00393448 08/22/2018 LOCAL GOVERNMENT COMMISSION 1,181.83 0.00 1,181.83 AP 00393449 08/22/2018 LOS ANGELES AREA FIRE MARSHALS ASSOC 0.00 100.00 100.00 AP 00393450 08/22/2018 LOS ANGELES FREIGHTLINER 40.30 0.00 40.30 AP 00393451 08/22/2018 MAIN STREET SIGNS 732.22 0.00 732.22 AP 00393452 08/22/2018 MARSHALL, SYLVIA 1,356.00 0.00 1,356.00 AP 00393453 08/22/2018 MAXWELL, ANTHONY 45.00 0.00 45.00 AP 00393454 08/22/2018 MCMASTER CARR SUPPLY COMPANY 118.17 0.00 118.17 AP 00393455 08/22/2018 MCWELCO PRODUCTS 3,250.00 0.00 3,250.00 AP 00393456 08/22/2018 MIDWEST TAPE 197.16 0.00 197.16 AP 00393457 08/22/2018 MITCHELL, REBECCA 15.64 0.00 15.64 AP 00393458 08/22/2018 MORRIS, RICHARD 105.00 0.00 105.00 AP 00393459 08/22/2018 MORRISON SPORTS LLC 6,175.00 0.00 6,175.00 AP 00393460 08/22/2018 MORRO, NICHOLE R 60.00 0.00 60.00 AP 00393461 08/22/2018 MOUNTAIN VIEW GLASS AND MIRROR INC 178.91 0.00 178.91 AP 00393462 08/22/2018 MUTUAL PROPANE 0.00 20.00 20.00 AP 00393463 08/22/2018 NAPA AUTO PARTS 113.63 3.43 117.06 *** AP 00393464 08/22/2018 NATIONAL SENIOR LEAGUE LLC 150.00 0.00 150.00 AP 00393465 08/22/2018 NBS 7,800.00 0.00 7,800.00 AP 00393466 08/22/2018 NGAI, BALDWIN 27.00 0.00 27.00 AP 00393467 08/22/2018 OCCUPATIONAL HEALTH CTRS OF CA 857.52 0.00 857.52 AP 00393468 08/22/2018 OCLC INC 57.47 0.00 57.47 AP 00393469 08/22/2018 OMNITRANS 1,347.50 0.00 1,347.50 AP 00393470 08/22/2018 ONWARD ENGINEERING 3,744.00 0.00 3,744.00 AP 00393471 08/22/2018 ONWARD ENGINEERING 11,904.00 0.00 11,904.00 AP 00393472 08/22/2018 ORTWEIN, RICHARD M 1,226.00 0.00 1,226.00 AP 00393473 08/22/2018 PETES ROAD SERVICE INC 119.09 0.00 119.09 AP 00393474 08/22/2018 PORTABLE COOLERS SALES & RENTALS 2,678.03 0.00 2,678.03 AP 00393475 08/22/2018 PRECISION GYMNASTICS 2,769.90 0.00 2,769.90 AP 00393476 08/22/2018 R AND R AUTOMOTIVE 2,725.05 0.00 2,725.05 User: VLOPEZ - VERONICA LOPEZ Page: 10 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 19 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393477 08/22/2018 RANCHO DISPOSAL SERVICES INC 180.00 0.00 180.00 AP 00393478 08/22/2018 RANCHO SMOG CENTER 239.70 0.00 239.70 AP 00393479 08/22/2018 RBM LOCK AND KEY SERVICE 306.23 0.00 306.23 AP 00393480 08/22/2018 REGIONAL TRAINING CENTER 150.00 0.00 150.00 AP 00393481 08/22/2018 RIVAS, KRISTINA 23.43 0.00 23.43 AP 00393482 08/22/2018 RKS ZONE INC. 5,000.00 0.00 5,000.00 AP 00393483 08/22/2018 RODAS' AUTO REPAIR 4,105.92 0.00 4,105.92 AP 00393484 08/22/2018 ROTARY CORPORATION 443.24 0.00 443.24 AP 00393485 08/22/2018 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 250.80 0.00 250.80 AP 00393486 08/22/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 2,369.80 0.00 2,369.80 AP 00393487 08/22/2018 SAN BERNARDINO CTY AUDITOR CONTROLLER 2,174.01 0.00 2,174.01 AP 00393488 08/22/2018 SAN BERNARDINO CTY DEPT OF PUBLIC HEALTH 0.00 120.00 120.00 AP 00393489 08/22/2018 SC FUELS 24,351.09 0.00 24,351.09 AP 00393490 08/22/2018 SC FUELS 5,142.48 0.00 5,142.48 AP 00393491 08/22/2018 SEVEN POINTS INC 600.00 0.00 600.00 AP 00393493 08/22/2018 SHOETERIA 9,352.52 0.00 9,352.52 AP 00393494 08/22/2018 SIERRA PACIFIC ELECTRICAL CONT 151,898.61 0.00 151,898.61 AP 00393495 08/22/2018 SO CALIF GAS COMPANY 0.00 54.43 54.43 AP 00393496 08/22/2018 SOCRATA INC 12,600.36 0.00 12,600.36 AP 00393497 08/22/2018 SONSRAY MACHINERY LLC 322.22 0.00 322.22 AP 00393498 08/22/2018 SOUTH COAST AQMD 538.58 0.00 538.58 AP 00393503 08/22/2018 SOUTHERN CALIFORNIA EDISON 12,005.44 0.00 12,005.44 AP 00393504 08/22/2018 SOUTHERN CALIFORNIA EDISON 10,622.34 0.00 10,622.34 AP 00393505 08/22/2018 SOUTHERN CALIFORNIA EDISON 6,004.11 0.00 6,004.11 AP 00393506 08/22/2018 SOUTHERN CALIFORNIA EDISON 11,660.48 0.00 11,660.48 AP 00393507 08/22/2018 SOUTHERN CALIFORNIA EDISON 7,781.52 0.00 7,781.52 AP 00393508 08/22/2018 SOUTHERN CALIFORNIA LAUNDRY CO LLC 400.00 0.00 400.00 AP 00393509 08/22/2018 SOUTHLAND SPORTS OFFICIALS 2,200.00 0.00 2,200.00 AP 00393510 08/22/2018 SPARACINO, MARIE 6.74 0.00 6.74 AP 00393511 08/22/2018 ST MARYS MONTESSORI SCHOOLS 217.57 0.00 217.57 AP 00393512 08/22/2018 STORAGE CONTAINER.COM 99.00 0.00 99.00 AP 00393513 08/22/2018 SWEET DOUGH CAFE 270.00 0.00 270.00 AP 00393514 08/22/2018 SYSCO LOS ANGELES INC 144.58 0.00 144.58 AP 00393515 08/22/2018 TABORDA SOLUTIONS 67,455.43 0.00 67,455.43 AP 00393516 08/22/2018 TORO TOWING 125.00 0.00 125.00 AP 00393517 08/22/2018 TOUCHSTONE CONSTRUCTION 5,000.00 0.00 5,000.00 AP 00393518 08/22/2018 TYA USA 700.00 0.00 700.00 AP 00393519 08/22/2018 U S LEGAL SUPPORT INC 404.45 0.00 404.45 AP 00393520 08/22/2018 U.S. BANK PARS ACCT #6746022500 24,418.24 0.00 24,418.24 AP 00393521 08/22/2018 U.S. BANK PARS ACCT #6746022500 1,425.68 0.00 1,425.68 AP 00393522 08/22/2018 UNITED WAY 93.00 0.00 93.00 AP 00393523 08/22/2018 UNIVERSAL MARTIAL ARTS CENTERS 1,620.00 0.00 1,620.00 AP 00393524 08/22/2018 VALDEZ, RAYMOND 15,000.00 0.00 15,000.00 AP 00393525 08/22/2018 VCLOUD TECH INC 36,272.64 0.00 36,272.64 AP 00393526 08/22/2018 VERIZON WIRELESS - LA 215.82 0.00 215.82 AP 00393527 08/22/2018 VERIZON WIRELESS - LA 202.78 0.00 202.78 AP 00393528 08/22/2018 VERIZON WIRELESS - LA 5,175.67 0.00 5,175.67 User: VLOPEZ - VERONICA LOPEZ Page: 11 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393529 08/22/2018 VIGILANT SOLUTIONS 30,000.00 0.00 30,000.00 AP 00393530 08/22/2018 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00393531 08/22/2018 WESTNET INC 0.00 94,151.11 94,151.11 AP 00393532 08/22/2018 WORD MILL PUBLISHING 800.00 0.00 800.00 AP 00393533 08/22/2018 WT.COX INFORMATION SERVICES 24.92 0.00 24.92 AP 00393534 08/22/2018 YATES, ANNE 50.11 0.00 50.11 AP 00393535 08/22/2018 ZEP SALES AMD SERVICE 229.49 0.00 229.49 AP 00393536 08/23/2018 ABC LOCKSMITHS 2,598.45 0.00 2,598.45 AP 00393543 08/23/2018 BRODART BOOKS 27,856.52 0.00 27,856.52 AP 00393544 08/23/2018 DUNN EDWARDS CORPORATION 753.16 0.00 753.16 AP 00393545 08/23/2018 OFFICE DEPOT 75.92 0.00 75.92 AP 00393546 08/23/2018 OVERDRIVE INC 65.00 0.00 65.00 AP 00393547 08/23/2018 SIEMENS INDUSTRY INC 433.50 0.00 433.50 AP 00393548 08/23/2018 CALIFORNIA DPT OF TAX & FEE ADMINISTRATION 1,427.63 444.45 1,872.08 *** AP 00393549 08/23/2018 S C C E ELECTRICAL SERVICES 5,229.00 0.00 5,229.00 AP 00393550 08/23/2018 ALLDATA 1,616.25 0.00 1,616.25 AP 00393551 08/23/2018 CARQUEST AUTO PARTS 62.56 0.00 62.56 AP 00393552 08/23/2018 CARQUEST AUTO PARTS 719.29 0.00 719.29 AP 00393553 08/23/2018 CITRUS MOTORS ONTARIO INC 1,056.16 0.00 1,056.16 AP 00393554 08/23/2018 DLIMAGING 2,481.00 0.00 2,481.00 AP 00393555 08/23/2018 DUMBELL MAN FITNESS EQUIPMENT, THE 703.09 0.00 703.09 AP 00393556 08/23/2018 DUNN EDWARDS CORPORATION 202.92 0.00 202.92 AP 00393557 08/23/2018 EWING IRRIGATION PRODUCTS 1,004.15 0.00 1,004.15 AP 00393558 08/23/2018 FIRE ETC. 0.00 6,930.48 6,930.48 AP 00393559 08/23/2018 FORD OF UPLAND INC 748.60 0.00 748.60 AP 00393560 08/23/2018 INLAND VALLEY DAILY BULLETIN 1,372.00 0.00 1,372.00 AP 00393561 08/23/2018 KME FIRE APPARATUS 0.00 4,040.94 4,040.94 AP 00393562 08/23/2018 MITY LITE INC. 19,317.53 0.00 19,317.53 AP 00393563 08/23/2018 OFFICE DEPOT 3,501.44 165.82 3,667.26 *** AP 00393564 08/23/2018 OVERDRIVE INC 889.58 0.00 889.58 AP 00393565 08/23/2018 PSA PRINT GROUP 38.79 0.00 38.79 AP 00393566 08/23/2018 SITEONE LANDSCAPE SUPPLY LLC 252.58 0.00 252.58 AP 00393567 08/23/2018 SUNRISE FORD 368.01 0.00 368.01 AP 00393568 08/27/2018 CAMP FIRE ISCC 5,000.00 0.00 5,000.00 Total City: $4,363,334.43 Total Fire: $1,275,312.37 Grand Total: -90 . Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 12 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 21 DATE: September 5, 2018 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Eric Noreen, Deputy Fire Chief Denise School, Management Analyst I Deborah Allen, Management Aide SUBJECT: CONSIDERATION TO APPROVE AND ACCEPT A $10,000 GRANT AWARD FROM THE CALIFORNIA FIRE FOUNDATION, FOR COSTS ASSOCIATED WITH THE SOLAR POWER AND ELECTRICAL SAFETY AWARENESS CLASSES. RECOMMENDATION: Staff recommends the Board of Directors approve and accept a $10,000 grant award by the California Fire Foundation, for costs associated with the solar power and electrical safety awareness classes. BACKGROUND: The California Fire Foundation offers funding opportunities through the Climate Change Disaster Prevention Grant to local fire departments and firefighter associations to help communities address issues such as wildfires and climate -caused disasters. The Rancho Cucamonga Fire Protection District, in collaboration with the City Manager's Office, applied for the funding in June 2018 and was awarded $10,000 in July 2018. ANALYSIS: Now, more than ever, sustained large scale fires in Southern California are becoming the new normal. It is advantageous and desirable for the Rancho Cucamonga community to be properly prepared and educated when it comes to fire and weather-related disasters. There is a need to take a holistic approach to resiliency, not only during natural disasters, but in our daily lives. Residents and businesses alike have embraced renewable energy, such as solar panels and battery storage, to offset the cost of electricity bills associated with high temperatures. I n fact, there are more than 4,600 homes and 30 businesses in the city that are powered by the sun. As a result of these climate mitigation efforts, a significant portion of our community comes into contact with solar panels and battery storage systems on a regular basis. Often when solar panel systems are installed, minimal education is provided to homeowners and businesses on how the system can be properly shutoff. Part of the Healthy RC I nitiative and overarching goals identified in the Sustainable Community Action Plan Page 22 and Hazard Mitigation Plan include expanding the use of renewable energy and supporting disaster resiliency efforts. One way to prepare our community for a constant fire threat, particularly with renewable energy infrastructure, is to host electrical and solar power safety awareness classes for the community. A majority of the firefighters have already undergone similar training and this funding opportunity will empower local community members with this vital information. The All Risk Training Center is the ideal location to kick off this community education campaign. The Fire District has partnered with CJ Hamilton Electrical Safety Awareness Company to host this training. The goal is to educate 100 residents through the solar power and electrical safety awareness classes to be held in Spring 2019. FISCAL IMPACT: Funds will be received in District Fire Fund/Revenue Account No. 3281000-4901/6800-3959 and appropriated into District Fire Fund/All-Risk Training Facility/Contract Services Account No. 3281520- 5300/6800-3959. No matching funds are required. There will be no increased operational and maintenance fiscal impact from accepting this award. COUNCIL GOAL(S) ADDRESSED: This grant award to host electrical and solar safety awareness classes will support the City Council Goal to proactively develop public safety programs and facilities to meet community needs. ATTACHMENTS: Description Attachment 1 - California Fire Foundation Award Letter Attachment 2 - California Fire Foundation Grant Agreement Page 23 VeA July 13, 2018 Ivan Rojer Rancho Cucamonga Fire Protection District 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Dear Ivan: CALIFORNIA FIDE FOUNDATION It is a pleasure to inform you that the California Fire Foundation, a non-profit 501(c)(3) organization, has approved a grant in the amount of $10,000.00 to the Rancho Cucamonga Fire Protection District. This grant is to support disaster preparedness and public awareness project, as described in your application, and project budget received June 14th, 2018. Attached please find the Grant Agreement, Fund Disbursement, and W-9 forms. The Grant Agreement contains the terms and conditions governing your use of our grant funds. The Grant Agreement must be signed and dated by an officer or director. Please email the signed Grant Agreement and subsequent forms to showard@cpf.org. The Foundation will not disburse payment on this grant until we receive the signed Grant Agreement, W-9 and complete Fund Disbursement forms. If you have any questions about this grant, or your circumstances have changed since applying for funding, please contact our office as soon as possible. In all correspondence with us, please include your department or association name and contact information. Details regarding publicizing your grant award on social media and within your community will be sent at a later date. When making any public announcement about this grant, we would appreciate it if you let us know in advance of recognizing support from the California Fire Foundation and PG&E. Thank you for the care you took in filling out the grant proposal, the California Fire Foundation is honored to support your project and we wish you much success! Sincerely, Brian K. Rice, Chair, California Fire Foundation; President California Professional Firefighters Page 24 Grant Agreement for Rancho Cucamonga Fire Protection District GRANT AGREEMENT This Grant Agreement contains the terms and conditions for your grant in the amount of $10,000 from the California Fire Foundation (the "Foundation") to Rancho Cucamonga Fire Protection District (the "Grantee"), dated July 13, 2018. By signing this Grant Agreement and accepting grant funds, an officer or director of the Grantee makes the representations and agrees to the obligations and conditions set forth. Our offer of this grant is subject to your agreement to: Conditions: 1. Grant funds must be used in accordance with the budget included with your proposal. 2. Grantee shall not engage in any activity that is inconsistent with the terms of this Agreement, including using these funds in a fashion inconsistent with the Foundation's status as an organization exempt from taxation under Internal Revenue Code section 501(c)(3), related IRS regulations and rulings. In particular, no funds will be used for lobbying purposes or to aid in the election of a public official. 3. Grantee will furnish to the Foundation any information concerning a major change in the proposal. 4. If funds are not used for the purposes described in your proposal the Foundation reserves the right to have all remaining grant funds immediately returned. 5. Until the Grantee receives approval from the Foundation, use of the name, logo or any of its licensed marks is prohibited. 6. The Grantee agrees to defend and hold harmless the Foundation and its officers and employees from and against any claim, including the expenses of investigation and defense of such claim, arising out of or in any way connected with this grant or the expenditure of grant funds. 7. Grantee must provide a written Final Report within 45 days of the project completion date describing conclusions, progress, and/or status of objectives including how funds were expended to attain objectives 8. If you are not able to utilize all or part of the grant funds for the proposed project, please contact Hedi Jalon at the California Fire Foundation at 916-641-1707 or hjalon@cpf.org. Please acknowledge your agreement with the terms of this contract by signing and returning a copy of this letter by email to showard@cpf.org on or before July 27, 2018. Sincerely, Brian K. Rice, Chair, California Fire Foundation; President California Professional Firefighters ACCEPTED BY: Name/Title Date Page 25 •�1 DATE: September 5, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE BI -WEEKLY PAYROLL IN THE AMOUNT OF $1,255,528.86 AND WEEKLY CHECK REGISTERS IN THE AMOUNT OF $4,363,334.43 DATED AUGUST 08, 2018 THROUGH AUGUST 27, 2018 . RECOMMENDATION: Staff recommends City Council approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 Check Register Page 26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00008211 08/08/2018 US DEPARTMENT OF ENERGY 10,322.96 0.00 10,322.96 AP 00008212 08/08/2018 MICHAEL BAKER INTERNATIONAL INC 1,110.21 0.00 1,110.21 AP 00008213 08/08/2018 MICHAEL, L. DENNIS 69.26 0.00 69.26 AP 00008214 08/15/2018 SAN BERNARDINO CTY SHERIFFS DEPT 62,683.22 0.00 62,683.22 AP 00008215 08/15/2018 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 13,270.00 0.00 13,270.00 AP 00008216 08/15/2018 EDF TRADING NORTH AMERICA LLC 24,150.00 0.00 24,150.00 AP 00008217 08/15/2018 RCCEA 1,786.50 0.00 1,786.50 AP 00008218 08/15/2018 RCPFA 11,509.11 0.00 11,509.11 AP 00008219 08/15/2018 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00008220 08/15/2018 SAN BERNARDINO COUNTY 240.00 0.00 240.00 AP 00008221 08/15/2018 SHELL ENERGY NORTH AMERICA 252,500.00 0.00 252,500.00 AP 00008222 08/22/2018 CHAFFEY JOINT UNION HS DISTRICT 1,611.82 0.00 1,611.82 AP 00008223 08/22/2018 RE ASTORIA 2 LLC 124,117.82 0.00 124,117.82 AP 00008224 08/22/2018 SAN BERNARDINO COUNTY 16.00 0.00 16.00 AP 00393004 08/08/2018 A AND R TIRE SERVICE 1,225.72 0.00 1,225.72 AP 00393005 08/08/2018 AGUILERA, ISAIAH 39.19 0.00 39.19 AP 00393006 08/08/2018 AIRGAS USA LLC 397.18 0.00 397.18 AP 00393007 08/08/2018 ALL CITIES TOOLS 144.97 0.00 144.97 AP 00393008 08/08/2018 ALLIANCE BUS LINES INC 1,930.90 0.00 1,930.90 AP 00393009 08/08/2018 ASSI SECURITY 3,950.00 0.00 3,950.00 AP 00393010 08/08/2018 ATOZDATABASE 6,960.00 0.00 6,960.00 AP 00393011 08/08/2018 BMC SOFTWARE INC 6,654.40 0.00 6,654.40 AP 00393013 08/08/2018 C V W D 84,009.83 0.00 84,009.83 AP 00393014 08/08/2018 CALIFA GROUP 400.00 0.00 400.00 AP 00393015 08/08/2018 CALIFORNIA STATE UNIVERSITY FRESNO 115.00 0.00 115.00 AP 00393016 08/08/2018 CALIFORNIA, STATE OF 115.00 0.00 115.00 AP 00393017 08/08/2018 CARLSON, GINA ANDREA BROWN 315.00 0.00 315.00 AP 00393018 08/08/2018 CARQUEST AUTO PARTS 59.13 0.00 59.13 AP 00393019 08/08/2018 CINTAS CORPORATION #150 1,239.03 0.00 1,239.03 AP 00393020 08/08/2018 CREATIVE BRAIN LEARNING 831.60 0.00 831.60 AP 00393021 08/08/2018 CSUSB THEATRE DEPARTMENT 160.00 0.00 160.00 AP 00393022 08/08/2018 D AND K CONCRETE COMPANY 685.30 0.00 685.30 AP 00393023 08/08/2018 DANIELS TIRE SERVICE 0.00 124.50 124.50 AP 00393024 08/08/2018 DANIELS, NOAH 75.52 0.00 75.52 AP 00393025 08/08/2018 DELTA DENTAL 1,469.88 0.00 1,469.88 AP 00393026 08/08/2018 DIRECTV 253.80 0.00 253.80 AP 00393027 08/08/2018 ENLIGHTENED LEARNING CLUB 775.23 0.00 775.23 AP 00393028 08/08/2018 ERICKSON, CATHERINE 81.65 0.00 81.65 AP 00393029 08/08/2018 ESCOBAR, LUIS 315.00 0.00 315.00 AP 00393030 08/08/2018 EXECUTIVE AUTO DETAIL 455.00 0.00 455.00 AP 00393031 08/08/2018 EXPRESS BRAKE SUPPLY 66.02 0.00 66.02 AP 00393032 08/08/2018 FACTORY MOTOR PARTS 0.00 499.06 499.06 AP 00393033 08/08/2018 FELICIANO, GASPAR ANTHONY 384.00 0.00 384.00 AP 00393034 08/08/2018 FLORES, CHRISTINE 0.00 25.62 25.62 AP 00393035 08/08/2018 FOLKENS, KIM 200.58 0.00 200.58 AP 00393036 08/08/2018 FRONTIER COMM 1,926.89 229.22 2,156.11 *** AP 00393037 08/08/2018 GALE/CENGAGE LEARNING 2,753.69 0.00 2,753.69 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 27 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393038 08/08/2018 GOGOV APPS INC 3,500.00 0.00 3,500.00 AP 00393039 08/08/2018 GRANICUS INC 10,150.00 0.00 10,150.00 AP 00393040 08/08/2018 GRANT III, VINCENT 116.80 0.00 116.80 AP 00393041 08/08/2018 GRIFFITHS, VICTORIA MICHELLE 252.23 0.00 252.23 AP 00393042 08/08/2018 GUERRA, KELLY 125.35 0.00 125.35 AP 00393043 08/08/2018 SIMMS, GUY 300.00 0.00 300.00 AP 00393044 08/08/2018 HERITAGE EDUCATION GROUP 1,109.00 0.00 1,109.00 AP 00393045 08/08/2018 HOCKWALD, CYNTHIA 250.00 0.00 250.00 AP 00393046 08/08/2018 HOLLIDAY ROCK CO INC 1,842.95 0.00 1,842.95 AP 00393047 08/08/2018 HUNT, KAREN 63.92 0.00 63.92 AP 00393048 08/08/2018 ICC CITRUS BELT CHAPTER 15.00 0.00 15.00 AP 00393049 08/08/2018 IIMC 225.00 0.00 225.00 AP 00393050 08/08/2018 IMPRESSIONS GOURMET CATERING 1,914.50 0.00 1,914.50 AP 00393051 08/08/2018 INLAND EMPIRE STAGES LTD 1,181.25 0.00 1,181.25 AP 00393052 08/08/2018 JOBS AVAILABLE INC 448.50 0.00 448.50 AP 00393053 08/08/2018 K -K WOODWORKING 75.35 0.00 75.35 AP 00393054 08/08/2018 KLEIN PRODUCTS 146.25 0.00 146.25 AP 00393055 08/08/2018 KONG, ELIZABETH SAMNANG 3,475.00 0.00 3,475.00 AP 00393056 08/08/2018 LENOVO (UNITED STATES) INC. 60,237.18 0.00 60,237.18 AP 00393057 08/08/2018 MARK CHRISTOPHER INC 0.00 549.75 549.75 AP 00393058 08/08/2018 MAUREEN KANE AND ASSOCIATES INC 1,550.00 0.00 1,550.00 AP 00393059 08/08/2018 MEDRANO, CELESTE 41.75 0.00 41.75 AP 00393060 08/08/2018 MRB DEER CREEK CAR WASH 240.00 0.00 240.00 AP 00393061 08/08/2018 MUSICLAND 215.60 0.00 215.60 AP 00393062 08/08/2018 MUSICSTAR 1,267.20 0.00 1,267.20 AP 00393063 08/08/2018 NAFA FLEET MANAGEMENT ASSOCIATION 499.00 0.00 499.00 AP 00393064 08/08/2018 NAPA AUTO PARTS 165.76 17.86 183.62 *** AP 00393065 08/08/2018 OCCUPATIONAL HEALTH CTRS OF CA 410.63 0.00 410.63 AP 00393066 08/08/2018 ONTARIO ICE SKATING CENTER 1,478.40 0.00 1,478.40 AP 00393067 08/08/2018 PACIFIC YOUTH SPORTS 750.00 0.00 750.00 AP 00393068 08/08/2018 PARSAC 0.00 95,246.00 95,246.00 AP 00393069 08/08/2018 RANCHO CUCAMONGA QUAKES 2,363.50 0.00 2,363.50 AP 00393070 08/08/2018 RAYIKANTI, RUTH 55.00 0.00 55.00 AP 00393071 08/08/2018 RICHARDS WATSON AND GERSHON 0.00 1,088.00 1,088.00 AP 00393072 08/08/2018 ROBERTS, CHAD 117.72 0.00 117.72 AP 00393073 08/08/2018 SAN GABRIEL MOUNTAINS HERITAGE ASSOCIATION 448.00 0.00 448.00 AP 00393074 08/08/2018 SC FUELS 0.00 12,123.24 12,123.24 AP 00393075 08/08/2018 SITEIMPROVE INC 7,095.00 0.00 7,095.00 AP 00393076 08/08/2018 SO CALIF GAS COMPANY 0.00 209.18 209.18 AP 00393077 08/08/2018 SOLARWINDS INC 2,559.00 0.00 2,559.00 AP 00393080 08/08/2018 SOUTHERN CALIFORNIA EDISON 23,538.64 0.00 23,538.64 AP 00393081 08/08/2018 SOUTHERN CALIFORNIA EDISON 80.36 0.00 80.36 AP 00393082 08/08/2018 SOUTHLAND SPORTS OFFICIALS 1,080.00 0.00 1,080.00 AP 00393083 08/08/2018 STANDARD INSURANCE COMPANY 13,501.08 0.00 13,501.08 AP 00393084 08/08/2018 STERLING COFFEE SERVICE 530.37 0.00 530.37 AP 00393085 08/08/2018 STRESS LESS EXPRESS LLC 165.00 0.00 165.00 AP 00393086 08/08/2018 SUNIGA, ALYCIA 30.78 0.00 30.78 User: VLOPEZ - VERONICA LOPEZ Page: 2 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 28 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393087 08/08/2018 SYMPROINC 4,424.32 0.00 4,424.32 AP 00393088 08/08/2018 TIMBOL, DIVINA 500.00 0.00 500.00 AP 00393089 08/08/2018 TIREHUB LLC 0.00 675.28 675.28 AP 00393090 08/08/2018 U.S. BANK PARS ACCT #6746022500 22,683.07 0.00 22,683.07 AP 00393091 08/08/2018 U.S. BANK PARS ACCT #6746022500 1,397.68 0.00 1,397.68 AP 00393092 08/08/2018 U.S. BANK PARS ACCT #6746022500 1,397.68 0.00 1,397.68 AP 00393093 08/08/2018 U.S. BANK PARS ACCT #6746022500 17,655.28 0.00 17,655.28 AP 00393094 08/08/2018 U.S. BANK PARS ACCT #6746022500 6,605.00 0.00 6,605.00 AP 00393095 08/08/2018 VALVERDE SCHOOL OF PERFORMING ARTS 1,770.00 0.00 1,770.00 AP 00393096 08/08/2018 VERIZON WIRELESS - LA 0.00 3,368.18 3,368.18 AP 00393097 08/08/2018 VICTOR MEDICAL COMPANY 16,939.85 0.00 16,939.85 AP 00393098 08/08/2018 VIVERAE INC 1,150.00 0.00 1,150.00 AP 00393099 08/08/2018 VOLGISTICS INC 7,824.00 0.00 7,824.00 AP 00393100 08/08/2018 VORTEX INDUSTRIES INC 0.00 1,798.52 1,798.52 AP 00393101 08/08/2018 VULCAN MATERIALS COMPANY 78.85 0.00 78.85 AP 00393102 08/08/2018 WAXIE SANITARY SUPPLY 0.00 2,415.52 2,415.52 AP 00393103 08/08/2018 WEBQA 16,155.00 0.00 16,155.00 AP 00393104 08/08/2018 WORLD ELITE GYMNASTICS 210.00 0.00 210.00 AP 00393105 08/08/2018 YORK INSURANCE SERVICES GROUP INC 14,136.25 0.00 14,136.25 AP 00393106 08/08/2018 ZOETIS US LLC 2,832.28 0.00 2,832.28 AP 00393107 08/08/2018 A AND R TIRE SERVICE 1,046.10 0.00 1,046.10 AP 00393108 08/08/2018 BINGAMAN, BRETT 967.63 0.00 967.63 AP 00393109 08/08/2018 BORDIN MARTORELL LLP 2,133.20 0.00 2,133.20 AP 00393110 08/08/2018 BSN SPORTS LLC 457.92 0.00 457.92 AP 00393111 08/08/2018 C V W D 415.06 0.00 415.06 AP 00393112 08/08/2018 CARROLL, HILLARY 50.00 0.00 50.00 AP 00393113 08/08/2018 D M CONTRACTING INC 126,573.71 0.00 126,573.71 AP 00393114 08/08/2018 DANIELS, NOAH 185.00 0.00 185.00 AP 00393115 08/08/2018 DERAS, VILMA 45.13 0.00 45.13 AP 00393116 08/08/2018 EDWARD PROFESSIONAL ADVISORS 2,500.00 0.00 2,500.00 AP 00393117 08/08/2018 FAVELA JR., RICHARD 360.00 0.00 360.00 AP 00393118 08/08/2018 FORTIN LAW GROUP 8,157.14 0.00 8,157.14 AP 00393119 08/08/2018 G AND M BUSINESS INTERIORS 1,056.55 0.00 1,056.55 AP 00393120 08/08/2018 GEOGRAPHICS 5,095.49 0.00 5,095.49 AP 00393121 08/08/2018 GOSE, DALE 50.00 0.00 50.00 AP 00393122 08/08/2018 HORIZONS CONSTRUCTION COMPANY INTERNATIONAL 0.00 262,156.17 262,156.17 AP 00393123 08/08/2018 J AND S STRIPING CO INC 76,297.22 0.00 76,297.22 AP 00393124 08/08/2018 JACKSON HIRSH INC 132.24 0.00 132.24 AP 00393125 08/08/2018 LAW OFFICES OF MILTON C GRIMES 57,895.01 42,529.99 100,425.00 *** AP 00393126 08/08/2018 LINCUS INC 5,651.00 0.00 5,651.00 AP 00393127 08/08/2018 LION GROUP INC 0.00 2,358.00 2,358.00 AP 00393128 08/08/2018 MAGELLAN ADVISORS LLC 22,058.00 0.00 22,058.00 AP 00393129 08/08/2018 MATTHEW BENDER AND COMPANY INC 48.49 0.00 48.49 AP 00393130 08/08/2018 MCALLISTER, WILLIAM 2,299.99 0.00 2,299.99 AP 00393131 08/08/2018 MCMASTER CARR SUPPLY COMPANY 146.99 0.00 146.99 AP 00393132 08/08/2018 MIDWEST TAPE 2,216.88 0.00 2,216.88 AP 00393133 08/08/2018 MOUNTAIN MOTOR SPORTS 317.89 0.00 317.89 User: VLOPEZ - VERONICA LOPEZ Page: 3 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 29 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393134 08/08/2018 MUNOZ, LOU 182.67 0.00 182.67 AP 00393135 08/08/2018 NELSON NYGAARD 2,500.00 0.00 2,500.00 AP 00393136 08/08/2018 OC TANNER RECOGNITION COMPANY 234.47 0.00 234.47 AP 00393137 08/08/2018 PACIFIC PREMIER BANK 0.00 3,412.45 3,412.45 AP 00393138 08/08/2018 PACIFIC UTILITY INSTALLATION INC 60,000.00 0.00 60,000.00 AP 00393139 08/08/2018 PARRIS LAW FIRM 81,534.16 59,895.44 141,429.60 *** AP 00393140 08/08/2018 RANCHO CUCAMONGA LIBRARY FOUNDATION 18,500.00 0.00 18,500.00 AP 00393141 08/08/2018 RC CONSTRUCTION SERVICES INC 0.00 92,797.00 92,797.00 AP 00393142 08/08/2018 RDO EQUIPMENT COMPANY 3,648.57 0.00 3,648.57 AP 00393143 08/08/2018 RDO EQUIPMENT COMPANY 434.20 0.00 434.20 AP 00393144 08/08/2018 SAN BERNARDINO COUNTY REGISTRAR OF VOTERS 118,804.00 0.00 118,804.00 AP 00393145 08/08/2018 SAN BERNARDINO CTY 15,302.30 0.00 15,302.30 AP 00393146 08/08/2018 SHENKMAN & HUGHES PC 571,808.13 419,968.37 991,776.50 *** AP 00393147 08/08/2018 SHENKMAN & HUGHES PC 88,762.70 65,205.55 153,968.25 *** AP 00393148 08/08/2018 SHRED IT USA LLC 190.95 0.00 190.95 AP 00393149 08/08/2018 SILVER & WRIGHT LLP 43,965.70 0.00 43,965.70 AP 00393150 08/08/2018 SOCIAL IMPACT ARTISTS - TSIA, THE 4,950.00 0.00 4,950.00 AP 00393151 08/08/2018 SOUTHERN CALIFORNIA EDISON 769.81 0.00 769.81 AP 00393152 08/08/2018 SOUTHERN CONTRACTING 1,895.80 0.00 1,895.80 AP 00393153 08/08/2018 STANDARD INSURANCE COMPANY 13,689.68 0.00 13,689.68 AP 00393154 08/08/2018 URBAN ARENA 3,591.20 0.00 3,591.20 AP 00393155 08/08/2018 VALLEY POWER SYSTEMS INC 0.00 739.01 739.01 AP 00393156 08/08/2018 VICTOR MEDICAL COMPANY 4,777.79 0.00 4,777.79 AP 00393157 08/08/2018 VIGILANT SOLUTIONS 37,890.00 0.00 37,890.00 AP 00393158 08/09/2018 INTERSTATE BATTERIES 831.17 0.00 831.17 AP 00393159 08/09/2018 LN CURTIS AND SONS 0.00 171.72 171.72 AP 00393160 08/09/2018 MINUTEMAN PRESS 156.23 0.00 156.23 AP 00393161 08/09/2018 OFFICE DEPOT 1,792.78 0.00 1,792.78 AP 00393162 08/09/2018 PSA PRINT GROUP 148.70 0.00 148.70 AP 00393163 08/09/2018 SAFELITE FULFILLMENT INC 262.01 0.00 262.01 AP 00393164 08/09/2018 SUNRISE FORD 126.12 0.00 126.12 AP 00393165 08/09/2018 THOMSON REUTERS WEST PUBLISHING CORP 364.93 0.00 364.93 AP 00393167 08/09/2018 OFFICE DEPOT 3,508.44 578.93 4,087.37 *** AP 00393168 08/15/2018 ABLE BUILDING MAINTENANCE 2,206.85 0.00 2,206.85 AP 00393169 08/15/2018 ALPHAGRAPHICS 24.24 0.00 24.24 AP 00393170 08/15/2018 AMTECH ELEVATOR SERVICES 2,651.00 0.00 2,651.00 AP 00393171 08/15/2018 BINGAMAN, BRETT 967.63 0.00 967.63 AP 00393172 08/15/2018 BLUM ELECTRIC 9,064.25 0.00 9,064.25 AP 00393173 08/15/2018 BRYAN CAVE LEIGHTON PAISNER LLP 180.00 0.00 180.00 AP 00393174 08/15/2018 BUTSKO UTILITY DESIGN INC. 23,075.76 0.00 23,075.76 AP 00393175 08/15/2018 CABLE INC. 21,027.08 0.00 21,027.08 AP 00393176 08/15/2018 CCS ORANGE COUNTY JANITORIAL INC. 948.40 0.00 948.40 AP 00393177 08/15/2018 CORODATA MEDIA STORAGE INC 1,112.76 0.00 1,112.76 AP 00393178 08/15/2018 E -Z -GO 1,730.23 0.00 1,730.23 AP 00393179 08/15/2018 FORTIN LAW GROUP 16,825.40 0.00 16,825.40 AP 00393180 08/15/2018 GRAINGER 457.11 0.00 457.11 AP 00393181 08/15/2018 GRAPHICS FACTORY INC. 1,714.30 0.00 1,714.30 User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 30 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393182 08/15/2018 HERNANDEZ, DANIEL 70.00 0.00 70.00 AP 00393183 08/15/2018 INLAND EMPIRE PROPERTY SERVICES INC 0.00 10,375.00 10,375.00 AP 00393184 08/15/2018 KRONOS INC 0.00 180.00 180.00 AP 00393185 08/15/2018 LIEBERT CASSIDY WHITMORE 9,963.55 0.00 9,963.55 AP 00393186 08/15/2018 LOWES COMPANIES INC. 2,978.16 604.81 3,582.97 *** AP 00393187 08/15/2018 MOUNTAIN VIEW SMALL ENG REPAIR 538.74 0.00 538.74 AP 00393188 08/15/2018 NINYO & MOORE 1,479.50 0.00 1,479.50 AP 00393189 08/15/2018 RICHARDS WATSON AND GERSHON 43,893.17 5,517.04 49,410.21 *** AP 00393190 08/15/2018 WAXIE SANITARY SUPPLY 3,071.93 0.00 3,071.93 AP 00393191 08/15/2018 WESTLAND GROUP INC 6,327.00 0.00 6,327.00 AP 00393192 08/15/2018 WILBUR-ELLIS COMPANY 324.28 0.00 324.28 AP 00393193 08/15/2018 IUP GRAPHICS 0.00 1,557.64 1,557.64 AP 00393194 08/15/2018 ADAPT CONSULTING INC 392.58 1,985.95 2,378.53 *** AP 00393195 08/15/2018 AFLAC GROUP INSURANCE 40.97 0.00 40.97 AP 00393196 08/15/2018 AFLAC GROUP INSURANCE 5,768.02 0.00 5,768.02 AP 00393197 08/15/2018 AGENCY FOR THE PERFORMING ARTS INC. 12,500.00 0.00 12,500.00 AP 00393198 08/15/2018 ALL CITIES TOOLS 0.00 404.06 404.06 AP 00393199 08/15/2018 ALPHAGRAPHICS 456.75 0.00 456.75 AP 00393200 08/15/2018 ASPA 120.00 0.00 120.00 AP 00393201 08/15/2018 ASSOCIATION OF CHILDREN'S MUSEUMS 400.00 0.00 400.00 AP 00393202 08/15/2018 AUFBAU CORPORATION 13,302.00 0.00 13,302.00 AP 00393203 08/15/2018 BAKER, CLIFF 200.00 0.00 200.00 AP 00393204 08/15/2018 BEVINS ROADSIDING INC 2,000.00 0.00 2,000.00 AP 00393205 08/15/2018 BiCOASTAL PRODUCTIONS 6,510.00 0.00 6,510.00 AP 00393206 08/15/2018 BROWN, STEVE 0.00 270.00 270.00 AP 00393207 08/15/2018 C V W D 8,068.71 55.20 8,123.91 *** AP 00393208 08/15/2018 CAL PERS LONG TERM CARE 254.14 0.00 254.14 AP 00393209 08/15/2018 CALIFORNIA PROFESSIONAL ENGINEERING INC 126,156.77 0.00 126,156.77 AP 00393210 08/15/2018 CALIFORNIA, STATE OF 301.05 0.00 301.05 AP 00393211 08/15/2018 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00393212 08/15/2018 CALIFORNIA, STATE OF 100.00 0.00 100.00 AP 00393213 08/15/2018 CALIFORNIA, STATE OF 312.88 0.00 312.88 AP 00393214 08/15/2018 CALIFORNIA, STATE OF 396.15 0.00 396.15 AP 00393215 08/15/2018 CAMPOS, ENMA P. 2,137.50 0.00 2,137.50 AP 00393216 08/15/2018 CASTILLO, JESSIE 250.00 0.00 250.00 AP 00393217 08/15/2018 CHARTER COMMUNICATIONS 39.00 0.00 39.00 AP 00393218 08/15/2018 CINTAS CORPORATION #150 0.00 359.63 359.63 AP 00393219 08/15/2018 CLARKE PLUMBING SPECIALTIES INC. 0.00 15.42 15.42 AP 00393220 08/15/2018 CORELOGIC SOLUTIONS LLC 257.50 0.00 257.50 AP 00393221 08/15/2018 CP LOGISTICS UTICA LLC -CL 4,291.00 0.00 4,291.00 AP 00393222 08/15/2018 DAVIS, SAM 552.50 0.00 552.50 AP 00393223 08/15/2018 DEPENDABLE COMPANY INC. 28.00 0.00 28.00 AP 00393224 08/15/2018 DP SOLUTIONS INC 0.00 3,000.00 3,000.00 AP 00393225 08/15/2018 DREAM SHAPERS 720.00 0.00 720.00 AP 00393226 08/15/2018 DUDE SOLUTIONS 16,890.00 0.00 16,890.00 AP 00393227 08/15/2018 EBSCO 12,000.00 0.00 12,000.00 AP 00393228 08/15/2018 EDUCATIONAL CREDIT MANAGEMENT CORP. 5.00 0.00 5.00 User: VLOPEZ - 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CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 32 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393277 08/15/2018 SOLARWINDS INC 438.00 0.00 438.00 AP 00393283 08/15/2018 SOUTHERN CALIFORNIA EDISON 52,359.69 3,272.95 55,632.64 *** AP 00393284 08/15/2018 SOUTHERN CALIFORNIA EDISON 387.31 0.00 387.31 AP 00393285 08/15/2018 SPRINT 0.00 121.95 121.95 AP 00393286 08/15/2018 STORAGE CONTAINER.COM 198.00 0.00 198.00 AP 00393287 08/15/2018 SUPERION LLC 400.00 0.00 400.00 AP 00393288 08/15/2018 TECH 24 COMMERCIAL FOODSERVICE REPAIR INC 412.28 0.00 412.28 AP 00393289 08/15/2018 U.S. BANK PARS ACCT #6746022500 6,605.00 0.00 6,605.00 AP 00393290 08/15/2018 U.S. BANK PARS ACCT #6746022500 17,268.82 0.00 17,268.82 AP 00393291 08/15/2018 U.S. BANK PARS ACCT #6746022500 1,425.68 0.00 1,425.68 AP 00393292 08/15/2018 UPS 43.86 0.00 43.86 AP 00393293 08/15/2018 VERIZON 27.09 0.00 27.09 AP 00393298 08/15/2018 VERIZON WIRELESS - 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VERONICA LOPEZ Page: 7 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 33 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393334 08/22/2018 BAEZA, LIZETTE 15.00 0.00 15.00 AP 00393335 08/22/2018 BLAZAUSKAS, MELODY 15.00 0.00 15.00 AP 00393336 08/22/2018 BOULANGER, SUSAN 15.00 0.00 15.00 AP 00393337 08/22/2018 BROWN-HOGARTH, S. 15.00 0.00 15.00 AP 00393338 08/22/2018 BRYANT, AUGUST 15.00 0.00 15.00 AP 00393339 08/22/2018 CALIFA GROUP 13,312.59 0.00 13,312.59 AP 00393340 08/22/2018 CENTENO, JASON 0.00 320.00 320.00 AP 00393341 08/22/2018 CINTAS CORPORATION #150 0.00 380.17 380.17 AP 00393342 08/22/2018 COAST RECREATION INC 6,491.51 0.00 6,491.51 AP 00393343 08/22/2018 CONVERGEONE INC. 15,047.00 0.00 15,047.00 AP 00393344 08/22/2018 D M CONTRACTING INC 3,986.01 0.00 3,986.01 AP 00393345 08/22/2018 DIRKSON, DANIELLE 15.00 0.00 15.00 AP 00393346 08/22/2018 ELIAS, KRYSTA 15.00 0.00 15.00 AP 00393347 08/22/2018 ELITE CUSTOMS CONSTRUCTION 550.00 0.00 550.00 AP 00393348 08/22/2018 EVERETT, ANTHONY 15.00 0.00 15.00 AP 00393349 08/22/2018 FORTIN LAW GROUP 6,333.44 0.00 6,333.44 AP 00393350 08/22/2018 FOUR POINTS BY SHERATON 1,636.91 0.00 1,636.91 AP 00393351 08/22/2018 GEOGRAPHICS 9,625.88 0.00 9,625.88 AP 00393352 08/22/2018 GILLEN, SARAH 15.00 0.00 15.00 AP 00393353 08/22/2018 GNASTER, GAVIN 15.00 0.00 15.00 AP 00393354 08/22/2018 GRAINGER 172.60 0.00 172.60 AP 00393355 08/22/2018 GUERRIERI, GABBY 15.00 0.00 15.00 AP 00393356 08/22/2018 HARRISON, KWMAINE 15.00 0.00 15.00 AP 00393357 08/22/2018 HOWELL, HAILEY 15.00 0.00 15.00 AP 00393358 08/22/2018 HUNTINGTON HARDWARE 902.72 0.00 902.72 AP 00393359 08/22/2018 LITTLE BEAR PRODUCTIONS 1,225.00 0.00 1,225.00 AP 00393360 08/22/2018 MAIN STREET SIGNS 13,501.88 0.00 13,501.88 AP 00393361 08/22/2018 MARIPOSA LANDSCAPES INC 36,391.55 0.00 36,391.55 AP 00393362 08/22/2018 MIDWEST TAPE 640.84 0.00 640.84 AP 00393363 08/22/2018 MITCHELL, REBECCA 18.15 0.00 18.15 AP 00393364 08/22/2018 NEW IMAGE COMMERCIAL FLOORING 0.00 535.00 535.00 AP 00393365 08/22/2018 OCCUPATIONAL HEALTH CTRS OF CA 408.12 13,575.00 13,983.12 *** AP 00393366 08/22/2018 QUALITY CODE PUBLISHING 666.01 0.00 666.01 AP 00393367 08/22/2018 RANCHO DISPOSAL SERVICES INC 1,080.00 0.00 1,080.00 AP 00393368 08/22/2018 RED WING SHOE STORE 344.24 0.00 344.24 AP 00393369 08/22/2018 REGENTS OF THE UNIVERSITY OF CALIFORNIA 433.56 0.00 433.56 AP 00393370 08/22/2018 RIVAS, KRISTINA 19.68 0.00 19.68 AP 00393371 08/22/2018 ROTO ROOTER 5,285.79 0.00 5,285.79 AP 00393372 08/22/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 223.04 0.00 223.04 AP 00393373 08/22/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 11,458.68 0.00 11,458.68 AP 00393374 08/22/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 233.40 0.00 233.40 AP 00393375 08/22/2018 SAN BERNARDINO CTY 15,302.30 0.00 15,302.30 AP 00393376 08/22/2018 SC FUELS 3,688.16 0.00 3,688.16 AP 00393377 08/22/2018 SILVER & WRIGHT LLP 10,403.83 0.00 10,403.83 AP 00393378 08/22/2018 SOUTH COAST AQMD 6.37 0.00 6.37 AP 00393379 08/22/2018 SOUTH COAST AQMD 135.04 0.00 135.04 AP 00393380 08/22/2018 U S LEGAL SUPPORT INC 617.45 0.00 617.45 User: VLOPEZ - VERONICA LOPEZ Page: 8 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 34 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393381 08/22/2018 20/20 TRAINING 40.00 0.00 40.00 AP 00393382 08/22/2018 6TH & HERMOSA JP/DF LLC 15,000.00 0.00 15,000.00 AP 00393383 08/22/2018 A AND R TIRE SERVICE 975.02 0.00 975.02 AP 00393384 08/22/2018 AAA ASO DANIEL ANGUTANO 0.00 4,026.95 4,026.95 AP 00393385 08/22/2018 ABLE BUILDING MAINTENANCE 1,511.10 0.00 1,511.10 AP 00393386 08/22/2018 AFLAC GROUP INSURANCE 5,302.06 0.00 5,302.06 AP 00393387 08/22/2018 ALBERT A. WEBB 3,481.08 0.00 3,481.08 AP 00393388 08/22/2018 ALEJANDRE, AMY 236.56 0.00 236.56 AP 00393389 08/22/2018 ALLIANCE BUS LINES INC 799.20 0.00 799.20 AP 00393390 08/22/2018 ALPHAGRAPHICS 48.48 0.00 48.48 AP 00393391 08/22/2018 AMTECH ELEVATOR SERVICES 687.27 0.00 687.27 AP 00393392 08/22/2018 ARROW TRAILER SUPPLIES INC 309.08 0.00 309.08 AP 00393393 08/22/2018 ASSI SECURITY 0.00 10,475.00 10,475.00 AP 00393394 08/22/2018 AT&T MOBILITY 0.00 86.46 86.46 AP 00393395 08/22/2018 AUFBAU CORPORATION 15,680.00 0.00 15,680.00 AP 00393396 08/22/2018 BICONDOVA, JOHN 0.00 454.97 454.97 AP 00393399 08/22/2018 C V W D 133,054.11 0.00 133,054.11 AP 00393400 08/22/2018 CAPIO 0.00 225.00 225.00 AP 00393401 08/22/2018 CAPPELLI, NICOLAS 15.00 0.00 15.00 AP 00393402 08/22/2018 CARTY, DIANE 288.00 0.00 288.00 AP 00393403 08/22/2018 CASTILLO, FRANCISCO 576.00 0.00 576.00 AP 00393404 08/22/2018 CINTAS CORPORATION #150 3,506.65 741.33 4,247.98 *** AP 00393405 08/22/2018 CLARK, KAREN 378.00 0.00 378.00 AP 00393406 08/22/2018 COMBINED MARTIAL SCIENCE INC 5,674.80 0.00 5,674.80 AP 00393407 08/22/2018 CRP OAKMONT SANTA ANITA LLC 848.42 0.00 848.42 AP 00393408 08/22/2018 DAKTRONICS INC 294.38 0.00 294.38 AP 00393409 08/22/2018 DANCE TERRIFIC 1,701.00 0.00 1,701.00 AP 00393410 08/22/2018 DELTA DENTAL 41,897.03 0.00 41,897.03 AP 00393411 08/22/2018 DEPARTMENT OF CONSUMER AFFAIRS 115.00 0.00 115.00 AP 00393412 08/22/2018 DEPARTMENT OF RESOURCES RECYCLING 700.00 0.00 700.00 AP 00393413 08/22/2018 DIRECTV 136.48 0.00 136.48 AP 00393414 08/22/2018 DUNN, ANN MARIE 138.60 0.00 138.60 AP 00393415 08/22/2018 ERICKSON HALL CONSTRUCTION 0.00 8,400.00 8,400.00 AP 00393416 08/22/2018 ERICKSON HALL CONSTRUCTION 0.00 11,420.00 11,420.00 AP 00393417 08/22/2018 EXPERIAN 52.00 0.00 52.00 AP 00393418 08/22/2018 FBI-LEEDA 650.00 0.00 650.00 AP 00393419 08/22/2018 FEDERAL EXPRESS CORP 18.60 0.00 18.60 AP 00393420 08/22/2018 FEDERAL EXPRESS CORP 66.10 0.00 66.10 AP 00393421 08/22/2018 FEDERAL EXPRESS CORP 30.69 0.00 30.69 AP 00393422 08/22/2018 FEHR AND PEERS 392.50 0.00 392.50 AP 00393423 08/22/2018 FRONTIER COMM 2,226.69 363.14 2,589.83 *** AP 00393424 08/22/2018 GILLISON, JOHN 974.99 0.00 974.99 AP 00393425 08/22/2018 GKKWORKS CONSTRUCTION SERVICES 10,000.00 0.00 10,000.00 AP 00393426 08/22/2018 GRAND TERRACE, CITY OF 45.00 0.00 45.00 AP 00393427 08/22/2018 HEARTSAVERS LLC 638.00 0.00 638.00 AP 00393428 08/22/2018 HI WAY SAFETY INC 148.48 0.00 148.48 AP 00393429 08/22/2018 HOME DEPOT CREDIT SERVICES 645 719.52 0.00 719.52 User: VLOPEZ - VERONICA LOPEZ Page: 9 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 35 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393430 08/22/2018 HONDA YAMAHA HUSQVARNA OF REDLANDS 874.93 0.00 874.93 AP 00393431 08/22/2018 HOWARD RIDLEY COMPANY INC 20,624.00 0.00 20,624.00 AP 00393432 08/22/2018 HUNTINGTON HARDWARE 1,176.69 0.00 1,176.69 AP 00393433 08/22/2018 ICC FOOTHILL CHAPTER 70.00 0.00 70.00 AP 00393434 08/22/2018 IDEAL GLASS TINTING 2,475.00 0.00 2,475.00 AP 00393435 08/22/2018 INDUSTRIAL HARDWARE AND SERVICE CO 145.46 0.00 145.46 AP 00393436 08/22/2018 INLAND VALLEY DANCE ACADEMY 2,730.60 0.00 2,730.60 AP 00393437 08/22/2018 JOHNSON, KEN 200.00 0.00 200.00 AP 00393438 08/22/2018 JUAREZ, RAYMOND 6,096.87 0.00 6,096.87 AP 00393439 08/22/2018 K -K WOODWORKING 64.59 0.00 64.59 AP 00393440 08/22/2018 KHOURY, OLVA 158.74 0.00 158.74 AP 00393441 08/22/2018 KIMBALL MIDWEST 578.75 0.00 578.75 AP 00393442 08/22/2018 KIP AMERICA INC 1,493.00 0.00 1,493.00 AP 00393443 08/22/2018 KOSSON TALENT LLC 3,348.00 0.00 3,348.00 AP 00393444 08/22/2018 LEOS PARTY RENTALS 374.11 0.00 374.11 AP 00393445 08/22/2018 LEVEL 3 COMMUNICATIONS LLC 5,291.57 0.00 5,291.57 AP 00393446 08/22/2018 LIGHTHOUSE, THE 133.57 0.00 133.57 AP 00393447 08/22/2018 LIVE OAK DOG OBEDIENCE 312.00 0.00 312.00 AP 00393448 08/22/2018 LOCAL GOVERNMENT COMMISSION 1,181.83 0.00 1,181.83 AP 00393449 08/22/2018 LOS ANGELES AREA FIRE MARSHALS ASSOC 0.00 100.00 100.00 AP 00393450 08/22/2018 LOS ANGELES FREIGHTLINER 40.30 0.00 40.30 AP 00393451 08/22/2018 MAIN STREET SIGNS 732.22 0.00 732.22 AP 00393452 08/22/2018 MARSHALL, SYLVIA 1,356.00 0.00 1,356.00 AP 00393453 08/22/2018 MAXWELL, ANTHONY 45.00 0.00 45.00 AP 00393454 08/22/2018 MCMASTER CARR SUPPLY COMPANY 118.17 0.00 118.17 AP 00393455 08/22/2018 MCWELCO PRODUCTS 3,250.00 0.00 3,250.00 AP 00393456 08/22/2018 MIDWEST TAPE 197.16 0.00 197.16 AP 00393457 08/22/2018 MITCHELL, REBECCA 15.64 0.00 15.64 AP 00393458 08/22/2018 MORRIS, RICHARD 105.00 0.00 105.00 AP 00393459 08/22/2018 MORRISON SPORTS LLC 6,175.00 0.00 6,175.00 AP 00393460 08/22/2018 MORRO, NICHOLE R 60.00 0.00 60.00 AP 00393461 08/22/2018 MOUNTAIN VIEW GLASS AND MIRROR INC 178.91 0.00 178.91 AP 00393462 08/22/2018 MUTUAL PROPANE 0.00 20.00 20.00 AP 00393463 08/22/2018 NAPA AUTO PARTS 113.63 3.43 117.06 *** AP 00393464 08/22/2018 NATIONAL SENIOR LEAGUE LLC 150.00 0.00 150.00 AP 00393465 08/22/2018 NBS 7,800.00 0.00 7,800.00 AP 00393466 08/22/2018 NGAI, BALDWIN 27.00 0.00 27.00 AP 00393467 08/22/2018 OCCUPATIONAL HEALTH CTRS OF CA 857.52 0.00 857.52 AP 00393468 08/22/2018 OCLC INC 57.47 0.00 57.47 AP 00393469 08/22/2018 OMNITRANS 1,347.50 0.00 1,347.50 AP 00393470 08/22/2018 ONWARD ENGINEERING 3,744.00 0.00 3,744.00 AP 00393471 08/22/2018 ONWARD ENGINEERING 11,904.00 0.00 11,904.00 AP 00393472 08/22/2018 ORTWEIN, RICHARD M 1,226.00 0.00 1,226.00 AP 00393473 08/22/2018 PETES ROAD SERVICE INC 119.09 0.00 119.09 AP 00393474 08/22/2018 PORTABLE COOLERS SALES & RENTALS 2,678.03 0.00 2,678.03 AP 00393475 08/22/2018 PRECISION GYMNASTICS 2,769.90 0.00 2,769.90 AP 00393476 08/22/2018 R AND R AUTOMOTIVE 2,725.05 0.00 2,725.05 User: VLOPEZ - VERONICA LOPEZ Page: 10 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 36 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393477 08/22/2018 RANCHO DISPOSAL SERVICES INC 180.00 0.00 180.00 AP 00393478 08/22/2018 RANCHO SMOG CENTER 239.70 0.00 239.70 AP 00393479 08/22/2018 RBM LOCK AND KEY SERVICE 306.23 0.00 306.23 AP 00393480 08/22/2018 REGIONAL TRAINING CENTER 150.00 0.00 150.00 AP 00393481 08/22/2018 RIVAS, KRISTINA 23.43 0.00 23.43 AP 00393482 08/22/2018 RKS ZONE INC. 5,000.00 0.00 5,000.00 AP 00393483 08/22/2018 RODAS' AUTO REPAIR 4,105.92 0.00 4,105.92 AP 00393484 08/22/2018 ROTARY CORPORATION 443.24 0.00 443.24 AP 00393485 08/22/2018 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 250.80 0.00 250.80 AP 00393486 08/22/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 2,369.80 0.00 2,369.80 AP 00393487 08/22/2018 SAN BERNARDINO CTY AUDITOR CONTROLLER 2,174.01 0.00 2,174.01 AP 00393488 08/22/2018 SAN BERNARDINO CTY DEPT OF PUBLIC HEALTH 0.00 120.00 120.00 AP 00393489 08/22/2018 SC FUELS 24,351.09 0.00 24,351.09 AP 00393490 08/22/2018 SC FUELS 5,142.48 0.00 5,142.48 AP 00393491 08/22/2018 SEVEN POINTS INC 600.00 0.00 600.00 AP 00393493 08/22/2018 SHOETERIA 9,352.52 0.00 9,352.52 AP 00393494 08/22/2018 SIERRA PACIFIC ELECTRICAL CONT 151,898.61 0.00 151,898.61 AP 00393495 08/22/2018 SO CALIF GAS COMPANY 0.00 54.43 54.43 AP 00393496 08/22/2018 SOCRATA INC 12,600.36 0.00 12,600.36 AP 00393497 08/22/2018 SONSRAY MACHINERY LLC 322.22 0.00 322.22 AP 00393498 08/22/2018 SOUTH COAST AQMD 538.58 0.00 538.58 AP 00393503 08/22/2018 SOUTHERN CALIFORNIA EDISON 12,005.44 0.00 12,005.44 AP 00393504 08/22/2018 SOUTHERN CALIFORNIA EDISON 10,622.34 0.00 10,622.34 AP 00393505 08/22/2018 SOUTHERN CALIFORNIA EDISON 6,004.11 0.00 6,004.11 AP 00393506 08/22/2018 SOUTHERN CALIFORNIA EDISON 11,660.48 0.00 11,660.48 AP 00393507 08/22/2018 SOUTHERN CALIFORNIA EDISON 7,781.52 0.00 7,781.52 AP 00393508 08/22/2018 SOUTHERN CALIFORNIA LAUNDRY CO LLC 400.00 0.00 400.00 AP 00393509 08/22/2018 SOUTHLAND SPORTS OFFICIALS 2,200.00 0.00 2,200.00 AP 00393510 08/22/2018 SPARACINO, MARIE 6.74 0.00 6.74 AP 00393511 08/22/2018 ST MARYS MONTESSORI SCHOOLS 217.57 0.00 217.57 AP 00393512 08/22/2018 STORAGE CONTAINER.COM 99.00 0.00 99.00 AP 00393513 08/22/2018 SWEET DOUGH CAFE 270.00 0.00 270.00 AP 00393514 08/22/2018 SYSCO LOS ANGELES INC 144.58 0.00 144.58 AP 00393515 08/22/2018 TABORDA SOLUTIONS 67,455.43 0.00 67,455.43 AP 00393516 08/22/2018 TORO TOWING 125.00 0.00 125.00 AP 00393517 08/22/2018 TOUCHSTONE CONSTRUCTION 5,000.00 0.00 5,000.00 AP 00393518 08/22/2018 TYA USA 700.00 0.00 700.00 AP 00393519 08/22/2018 U S LEGAL SUPPORT INC 404.45 0.00 404.45 AP 00393520 08/22/2018 U.S. BANK PARS ACCT #6746022500 24,418.24 0.00 24,418.24 AP 00393521 08/22/2018 U.S. BANK PARS ACCT #6746022500 1,425.68 0.00 1,425.68 AP 00393522 08/22/2018 UNITED WAY 93.00 0.00 93.00 AP 00393523 08/22/2018 UNIVERSAL MARTIAL ARTS CENTERS 1,620.00 0.00 1,620.00 AP 00393524 08/22/2018 VALDEZ, RAYMOND 15,000.00 0.00 15,000.00 AP 00393525 08/22/2018 VCLOUD TECH INC 36,272.64 0.00 36,272.64 AP 00393526 08/22/2018 VERIZON WIRELESS - LA 215.82 0.00 215.82 AP 00393527 08/22/2018 VERIZON WIRELESS - LA 202.78 0.00 202.78 AP 00393528 08/22/2018 VERIZON WIRELESS - LA 5,175.67 0.00 5,175.67 User: VLOPEZ - VERONICA LOPEZ Page: 11 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 37 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 8/8/2018 through 8/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00393529 08/22/2018 VIGILANT SOLUTIONS 30,000.00 0.00 30,000.00 AP 00393530 08/22/2018 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00393531 08/22/2018 WESTNET INC 0.00 94,151.11 94,151.11 AP 00393532 08/22/2018 WORD MILL PUBLISHING 800.00 0.00 800.00 AP 00393533 08/22/2018 WT.COX INFORMATION SERVICES 24.92 0.00 24.92 AP 00393534 08/22/2018 YATES, ANNE 50.11 0.00 50.11 AP 00393535 08/22/2018 ZEP SALES AMD SERVICE 229.49 0.00 229.49 AP 00393536 08/23/2018 ABC LOCKSMITHS 2,598.45 0.00 2,598.45 AP 00393543 08/23/2018 BRODART BOOKS 27,856.52 0.00 27,856.52 AP 00393544 08/23/2018 DUNN EDWARDS CORPORATION 753.16 0.00 753.16 AP 00393545 08/23/2018 OFFICE DEPOT 75.92 0.00 75.92 AP 00393546 08/23/2018 OVERDRIVE INC 65.00 0.00 65.00 AP 00393547 08/23/2018 SIEMENS INDUSTRY INC 433.50 0.00 433.50 AP 00393548 08/23/2018 CALIFORNIA DPT OF TAX & FEE ADMINISTRATION 1,427.63 444.45 1,872.08 *** AP 00393549 08/23/2018 S C C E ELECTRICAL SERVICES 5,229.00 0.00 5,229.00 AP 00393550 08/23/2018 ALLDATA 1,616.25 0.00 1,616.25 AP 00393551 08/23/2018 CARQUEST AUTO PARTS 62.56 0.00 62.56 AP 00393552 08/23/2018 CARQUEST AUTO PARTS 719.29 0.00 719.29 AP 00393553 08/23/2018 CITRUS MOTORS ONTARIO INC 1,056.16 0.00 1,056.16 AP 00393554 08/23/2018 DLIMAGING 2,481.00 0.00 2,481.00 AP 00393555 08/23/2018 DUMBELL MAN FITNESS EQUIPMENT, THE 703.09 0.00 703.09 AP 00393556 08/23/2018 DUNN EDWARDS CORPORATION 202.92 0.00 202.92 AP 00393557 08/23/2018 EWING IRRIGATION PRODUCTS 1,004.15 0.00 1,004.15 AP 00393558 08/23/2018 FIRE ETC. 0.00 6,930.48 6,930.48 AP 00393559 08/23/2018 FORD OF UPLAND INC 748.60 0.00 748.60 AP 00393560 08/23/2018 INLAND VALLEY DAILY BULLETIN 1,372.00 0.00 1,372.00 AP 00393561 08/23/2018 KME FIRE APPARATUS 0.00 4,040.94 4,040.94 AP 00393562 08/23/2018 MITY LITE INC. 19,317.53 0.00 19,317.53 AP 00393563 08/23/2018 OFFICE DEPOT 3,501.44 165.82 3,667.26 *** AP 00393564 08/23/2018 OVERDRIVE INC 889.58 0.00 889.58 AP 00393565 08/23/2018 PSA PRINT GROUP 38.79 0.00 38.79 AP 00393566 08/23/2018 SITEONE LANDSCAPE SUPPLY LLC 252.58 0.00 252.58 AP 00393567 08/23/2018 SUNRISE FORD 368.01 0.00 368.01 AP 00393568 08/27/2018 CAMP FIRE ISCC 5,000.00 0.00 5,000.00 Total City: $4,363,334.43 Total Fire: $1,275,312.37 Grand Total: -90 . Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 12 Current Date: 08/28/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 11:42:35 Page 38 •�1 DATE: September 5, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Felicia Marshall, Associate Engineer SUBJECT: CONSIDERATION TO APPROVE THE FINAL MAP OF TRACT NO. 19918, ASSOCIATED IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHT MAINTENANCE DISTRICT NO'S. 1 AND 2 FOR TRACT NO. 19918, LOCATED AT THE SOUTHWEST CORNER OF HELLMAN AVENUE AND 6TH STREET, SUBMITTED BY RC1, LLC. RECOMMENDATION: Staff recommends the City Council: 1. Approve the Final Map of Tract No. 19916 and associated Improvement Agreement. 2. Accept a cash deposit in lieu of Faithful Performance bond and Labor & Materials bonds; and 3. Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance District No's. 1 and 2. BACKGROUND: On February 8, 2017, the Planning Commission approved Tentative Tract No. 19918 to subdivide a 1.01 acre site and construct eight (8) residential condominium units in the Low Medium (LM) District, located at the southwest corner of Hellman Avenue and 6th Street. This approval included conditions to construct certain public improvements including street and landscape improvements. ANALYSIS: The developer, RC1, LLC. has submitted street improvements plans and the Final Map of Tract No. 19918 along with an associated Improvement Agreement, cash deposits in lieu of Faithful Performance and Labor & Materials bonds, and a Monumentation deposit in the following amounts: Faithful Performance Bond $ 81,600 AA Receipt #: 288634 Labor & Materials Bond $ 81,600 AA Receipt #: 288634 Monumentation Deposit $ 2,875 AA Receipt #: 288634 The bonds are sufficient to ensure completion of the conditioned public improvements. Copies of the Page 39 agreement are available in the City Clerk's office. The Consent and Waiver to Annexation forms signed by the developer are also on file in the City Clerk's office. FISCAL IMPACT: The proposed annexations would satisfy the conditions of approval for the development and supply additional annual revenue into the lighting and landscape maintenance districts in the following amounts: Landscape Maintenance District No. 1: $ 368.84 Street Lighting District No. 1: $ 142.16 Street Lighting District No. 2: $ 319.76 Further, the development would construct two street lights and install seven trees that will be maintained by the City. COUNCIL GOAL(S) ADDRESSED: Enhancing Premier Community Status through the construction of high quality public improvements associated with the development of this tract. ATTACHMENTS: Description Attachment 1 - Vicinity Map Attachment 2 - Resolution LMD 1 Attachment 3 -Resolution SLD 1 Attachment 4 - Resolution SLD 2 Page 40 Vicinity Map K n -r -M C r A I C ATTACHMENT 1 Page 41 m z Meadow 81 � c o a m v y `9 n� 0 w E 6th St E 6th St Project Site 6th St z m v � � v Alderwood Dr WRY Foxbrook 3 S a N � m O 3 a a = n aY m ar Biscayne Dr v p Perez Lawn Services n C Truss Genius v d Google p ATTACHMENT 1 Page 41 RESOLUTION NO. 18 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR PROJECT CASE NO. TRACT NO. 19918 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Landscape Maintenance District No. 1 (General City) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. XX -XXX — Page 1 of 5 ATTACHMENT 2 Page 42 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this 5 day of September 2018. Resolution No. 18 -XXX — Page 2 of 5 Page 43 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: RC1, LLC, a California limited liability company The legal description of the Property is: That portion of Lot 19, Section 15, Township 1 South, Range 7 West, San Bernardino Base and Meridian, according to the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per Map recorded in Book 4, Page 9 of Maps, Records of Said County, lying east of the property conveyed to San Bernardino County Flood Control District by Grant Deed recorded April 7, 1945 in Book 1774, Page 209 of official records. Except those portions conveyed to the San Bernardino County Flood Control District recorded March 9, 1979 in Book 9639, Page 469 of official records. Also excepting that portion conveyed to the San Bernardino County Flood Control District by Grant Deed Recorded November 9, 1984 as Instrument No. 84-269724 of official records. Assessor's Parcels Numbers of the Property: 0210-341-74 Resolution No. 18 -XXX — Page 3 of 5 Page 44 Exhibit B Description of the District Improvements Fiscal Year 2018/2019 Landscape Maintenance District No. 1 (General City): Landscape Maintenance District No. 1(General City) (the "Maintenance District") represents various landscaped areas, parks and community trails located at various sites throughout the City. These sites consist of several non-contiguous areas throughout the City. As such, the parcels within this District do not represent a distinct district area as do the other LMD's within the City. Typically, new parcels within this District have been annexed upon development. The various sites maintained by the District consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Heritage Community Park, Hermosa Park, Red Hill Community Park, Lions Park, Napa Park, Don Tiburcio Tapia Park and the Rancho Cucamonga Adult Sports Complex). Proposed additions to the Improvements for Project Case No. TR 19918: There are 7 proposed street trees: 3 on 6th Street and 4 on Hellman Avenue Resolution No. 18 -XXX — Page 4 of 5 Page 45 Exhibit C Proposed Annual Assessment Fiscal Year 2018/2019 Landscape Maintenance District No.1 (General City): The rate per Equivalent Benefit Unit (EBU) is $92.21 for the fiscal year 2017/18. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City) for TR 19918: Land Use Basis EBU* Factor Rate per EBU* Single Family Residential Parcel 1.00 $92.21 Multi -Family Residential Unit 0.50 92.21 Non -Residential Acre 2.00 92.21 The proposed annual assessment for the property described in Exhibit A is as follows: 8 Units x 0.50 EBU Factor x $92.21 Rate per EBU = $ 368.84 Annual Assessment Resolution No. 18 -XXX — Page 5 of 5 Page 46 RESOLUTION NO. 18 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR TRACT NO. 19918 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XII I D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; Resolution No. 18 -XXX — Page 1 of 5 ATTACHMENT 3 Page 47 (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this 5 day of September 2018. Resolution No. 18 -XXX — Page 2 of 5 Page 48 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: RC1, LLC, a California limited liability company The legal description of the Property is: That portion of Lot 19, Section 15, Township 1 South, Range 7 West, San Bernardino Base and Meridian, according to the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per Map recorded in Book 4, Page 9 of Maps, Records of Said County, lying east of the property conveyed to San Bernardino County Flood Control District by Grant Deed recorded April 7, 1945 in Book 1774, Page 209 of official records. Except those portions conveyed to the San Bernardino County Flood Control District recorded March 9, 1979 in Book 9639, Page 469 of official records. Also excepting that portion conveyed to the San Bernardino County Flood Control District by Grant Deed Recorded November 9, 1984 as Instrument No. 84-269724 of official records. Assessor's Parcels Numbers of the Property: 0210-341-74 Resolution No. 18 -XXX — Page 3 of 5 Page 49 Exhibit B Description of the District Improvements Fiscal Year 2018/2019 Street Light Maintenance District No. 1 (Arterial Streets): Street Light Maintenance District No. 1 (Arterial Streets) (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. Proposed additions to the Improvements for Project TR 19918: None. Resolution No. 18 -XXX — Page 4 of 5 Page 50 Exhibit C Proposed Annual Assessment Fiscal Year 2018/2019 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2017/18. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for TR 19918: Land Use Basis EBU Factor* Rate per EBU* Single Family Residential Parcel 1.00 $17.77 Multi -Family Residential Parcel 1.00 17.77 Non -Residential Acre 2.00 17.77 The proposed annual assessment for the property described in Exhibit A is as follows: 8 Parcels x 1 EBU Factor x $17.77 Rate per EBU = $ 142.16 Annual Assessment Resolution No. 18 -XXX — Page 5 of 5 Page 51 Resolution No. 18 -XXX — Page 6 of 5 Page 52 RESOLUTION NO. 18 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR TRACT NO. 19918 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 2 (Local Streets) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XII I D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: Resolution No. 18 -XXX — Page 1 of 5 ATTACHMENT 4 Page 53 (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this 5 day of September 2018. Resolution No. 18 -XXX — Page 2 of 5 Page 54 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: RC1, LLC, a California limited liability company The legal description of the Property is: That portion of Lot 19, Section 15, Township 1 South, Range 7 West, San Bernardino Base and Meridian, according to the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per Map recorded in Book 4, Page 9 of Maps, Records of Said County, lying east of the property conveyed to San Bernardino County Flood Control District by Grant Deed recorded April 7, 1945 in Book 1774, Page 209 of official records. Except those portions conveyed to the San Bernardino County Flood Control District recorded March 9, 1979 in Book 9639, Page 469 of official records. Also excepting that portion conveyed to the San Bernardino County Flood Control District by Grant Deed Recorded November 9, 1984 as Instrument No. 84-269724 of official records. Assessor's Parcels Numbers of the Property: 0210-341-74 Resolution No. 18 -XXX — Page 3 of 5 Page 55 Exhibit B Description of the District Improvements Fiscal Year 2018/2019 Street Light Maintenance District No. 2 (Local Streets): Street Light Maintenance District No. 2 (Local Streets) (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in another local maintenance district. Generally, this area encompasses the residential area of the City west of Haven Avenue. The sites maintained by the District consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue. Proposed additions to the Improvements for Project TR 19918: 1 LED street light will be installed on 6th Street and 1 LED street light will be installed on Hellman Avenue. Resolution No. 18 -XXX — Page 4 of 5 Page 56 Exhibit C Proposed Annual Assessment Fiscal Year 2018/2019 Street Light Maintenance District No. 2 (Local Streets): The rate per Equivalent Benefit Unit (EBU) is $39.97 for the fiscal year 2017/18. The following table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets) for TR 19918: Land Use Basis EBU Factor* Rate per EBU* Single Family Residential Parcel 1.00 $39.97 Multi -Family Residential Unit 1.00 39.97 Non -Residential Acre 2.00 39.97 The proposed annual assessment for the property described in Exhibit A is as follows: 8 Parcels x 1 EBU Factor x $39.97 Rate per EBU = $ 319.76 Annual Assessment Resolution No. 18 -XXX — Page 5 of 5 Page 57 •�1 DATE: September 5, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason Welday, Director of Engineering Services/City Engineer Gianfranco Laurie, Senior Civil Engineer SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING THE MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PLAN COVERING FISCAL YEARS 2018/2023. RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution adopting the Local Measure "I" Five -Year Capital Improvement Plan ("Plan") covering Fiscal Years 2018/2023 and adopt the attached Measure "I" Capital Improvement Plan Expenditure Strategy. BACKGROUND: Measure "I", the county -wide transportation sales tax program, requires that each local jurisdiction receiving revenue from the program annually adopt a Five -Year Capital Improvement Plan which outlines the specific projects and anticipated costs for which Measure "I" funds will be used. In addition to adopting the Plan, the City is required by San Bernardino County Transportation Authority (SBCTA) Policy No. 40003 (amended May 6, 2015) to annually acknowledge the requirement to meet the minimum General Fund Maintenance of Effort (MOE) level approved by both the City Council and SBCTA Board in February and March 2016 respectively. The Fiscal Year 2018/19 budget includes $2,851,740 in anticipated General Fund expenditures eligible to satisfy the required MOE level of $2,225,757. ANALYSIS: Staff has prepared the Five -Year Capital Improvement Plan for consideration by the City Council. Upon adoption, the plan will be kept on file with SBCTA for informational purposes. The Plan includes the pavement rehabilitation of Haven Avenue from Church Street to Base Line Road, Hermosa Avenue from Arrow Route to Foothill Boulevard, Foothill Boulevard from Haven Avenue to Milliken Avenue, and various local streets along with contract services for concrete, striping and signal maintenance in Fiscal Year 2018/19. In addition to the required resolution, the City is required to adopt the attached Measure "I" Capital Improvement Plan Expenditure Strategy. This strategy is a policy statement estimating the types of projects Local Measure "I" Funds are to be used for and the percentage of funds allocated for each type of project. The Plan has been "over -programmed" to ensure that the adopted plan contains ample projects for Measure "I" expenditures. In addition, no more than 50% of the estimated annual program revenue is Page 58 programmed for categorical expenditures or general program categories as required by SBCTA policy. A general program category is a program of work without any identified streets/locations such as traffic signal maintenance. FISCAL IMPACT: Approval of this item will meet SBCTA Five -Year Capital Improvement Plan, MOE, and Expenditure Strategy requirements allowing the City to continue receiving Measure "I" funding. COUNCIL GOAL(S) ADDRESSED: The Measure "I" Five -Year Capital Improvement Plan will enhance the City's position as the premier community in our region through construction of needed transportation improvements. ATTACHMENTS: Description Attachment 1 - Resolution Attachment A- Measure I Five Year Cl P Page 59 RESOLUTION NO. 18 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MEASURE "I" FIVE-YEAR CAPITAL IMPROVEMENT PLAN COVERING FISCAL YEARS 2018/2023 FOR THE EXPENDITURE OF MEASURE "I" FUNDS WHEREAS, San Bernardino County voters approved passage of Measure "I" in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Streets Program to annually adopt and update a Five -Year Capital Improvement Plan. WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-1 require each local jurisdiction to maintain General Fund expenditures for transportation -related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five -Year Capital Improvement Plan, which for the City of Rancho Cucamonga is $2,225,757. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that the City Council of the City of Rancho Cucamonga, State of California that the Measure "I" Five -Year Capital Improvement Plan, attached to this resolution as Attachment A is hereby adopted. PASSED, APPROVED, AND ADOPTED this 5th day of September 2018. Resolution No. 18 -XXX — Page 1 of 1 ATTACHMENT 1 Page 60 Please do not change, alter or modify this template. Use plus signs along left side of worksheet to add rows rather than manually inserting rows to ensure that formulas carry through. MEASURE I LOCAL PASS-THROUGH FUNDS FIVE YEAR CAPITAL IMPROVEMENT PLAN Fiscal Years 2018/2019 thru 2022/2023 F-110EXy:ILT, Iaki III r_1 RESOLUTION NUMBER: 18 -XXX RESOLUTION APPROVAL DATE: 9/5/2018 CONTACT PERSON &TITLE: Gianfranco Laurie, Senior Civil Engineer CONTACT PHONE: (909) 774-4037 CONTACT EMAIL:I Gianfranco.Laurie@cityofrc.us JURISDICTION Rancho Cucamonga CARRYOVER BALANCE: $3,726,054.65 16 Named Projects: In NMTP Plan? Yes/No ATP FY2018/19 Est. Revenue Nexus Project? Component? Estimated Total Project Cost $ 2,976,414.00 $ Public DIF Carryover Current Type Share Share Funds Estimate FY2019/20 Est. Revenue 3,016,416.00 $ Carryover Current Funds Estimate FY2020/21 Est. Revenue 3,056,976.00 $ Carryover Current Funds Estimate FY2021/22 Est. Revenue 3,098,546.00 $ Carryover Current Funds Estimate FY2022/23 Est. Revenue 3,140,151.00 Carryover Current Funds Estimate Total Available (Carryover plus estimate) $19,014,557.65 Total Local Street Measure I Programmed 4th St from Haven to Milliken - Pavement Rehabilitation Yes $ 500,000.00 $ 500,000.00 $500,000.00 4th St from Hellman to Archibald - Pavement Rehabilitation Yes $ 225,000.00 $ 225,000.00 $225,000.00 6th St from Hellman to Archibald - Pavement Rehabilitation Yes $ 500,000.00 $ 500,000.00 $500,000.00 Baker Ave from Foothill to 8th - Pavement Rehabilitation Yes $ 685,000.00 $ 685,000.00 $685,000.00 Banyan St from Channel to Haven - Pavement Rehabilitation Yes $ 600,000.00 $ 600,000.00 $600,000.00 Banyan St from Haven to Rochester - Pavement Rehabilitation Yes $ 550,000.00 $ 550,000.00 $550,000.00 Banyan St from Rochester to Etiwanda - Pavement Rehabilitation Yes $ 450,000.00 $ 450,000.00 $450,000.00 Camelian St from Base Line to Rte 210 - Pavement Rehabilitation Yes $ 900,000.00 $ 900,000.00 $900,000.00 Camelian Saline and Ave from Foothill to Base Line - Pavement Rehabilitation Yes $ 1,000,000.00 $ 1,000,000.00 $1,000,000.00 Cucamonga Storm Drain from east of Hellman to Amethyst to 19th St - SD and Rehabilitation Yes $ 4,900,000.00 $ 315,000.00 $315,000.00 Etiwanda Ave from Foothill to Base Line - Pavement Rehabilitation Yes $ 500,000.00 $ 500,000.00 $500,000.00 Etiwanda Ave from Highland to Base Line - Pavement Rehabilitation Yes $ 800,000.00 $ 800,000.00 $800,000.00 Etiwanda Ave from Rte 210 to Wilson - Pavement Rehabilitation Yes $ 600,000.00 $ 600,000.00 $600,000.00 Foothill Blvd from Haven to Milliken - Pavement Rehabilitation Yes $ 900,000.00 $ 850,000.00 $850,000.00 Foothill Blvd from 1-15 Freeway to East - Pavement Rehabilitation Yes $ 825,000.00 $ 825,000.00 $825,000.00 Foothill Blvd from Milliken to 1-15 Freeway - Pavement Rehabilitation Yes $ 1,400,000.00 $ 60,000.00 $60,000.00 Haven Ave from Base Line to Rte 210 - Pavement Rehabilitation Yes $ 850,000.00 $ 850,000.00 $850,000.00 Haven Ave from Church to Base Line - Pavement Rehabilitation Yes $ 500,000.00 $ 500,000.00 $500,000.00 Haven Ave from Rte 210 - Wilson - Pavement Rehabilitation Yes $ 900,000.00 $ 900,000.00 $900,000.00 Hermosa Ave from Arrow to Foothill - Pavement Rehabilitation Yes $ 285,000.00 $ 250,000.00 $250,000.00 Highland Ave from Beryl to Archibald - Pavement Rehabilitation Yes $ 500,000.00 $ 500,000.00 $500,000.00 Lemon Ave from London to Haven - Pavement Rehabilitation Yes $ 440,000.00 $ 430,000.00 $430,000.00 Local Overlay at Various Locations Attached List of Streets)- Pavement Rehabilitation Yes $ 2,200,000.00 $ 1,200,000.00 $1,200,000.00 Milliken Ave from Rte 210 to Banyan - Pavement Rehabilitation Yes $ 497,000.00 $ 497,000.00 $497,000.00 Rochester Ave from 6th to Arrow - Pavement Rehabilitation Yes $ 611,000.00 $ 611,000.00 $611,000.00 Rochester Ave from Banyan to Highland - Pavement Rehabilitation Yes $ 400,000.00 $ 400,000.00 $400,000.00 Rochester Ave from Base Line to Banyan - Pavement Rehabilitation Yes $ 1,000,000.00 $ 150,000.00 $150,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Project Count: 27 Named Projects Total:T7 00- $ 3,175,000.00 $ - $ 3,675,000.00 $ - $ 2,500,000.00 $ - $ 3,383,000.00 $ - $ 2,915,000.00 $15,648,000.00 Total Carryover+ Estimate: $3,175,000.00 107% 1 $3,675,000.00 122% 1 $2,500,000.00 82% 1 $3,383,000.00 109% 1 $2,915,000.00 93 $15,648,000.00 (%) Named Projects: (') = Carryover funds may not be used on Categorical Projects. Total Carryover Programmed: $ In Accordance with Measure I Strategic Plan Policy 40003/40012/40016: 1. If Measure I allocated to project is z $100,000, then list individually in Named Projects section. 2. There is a 50% limit on total categorical projects. 3. There is a 150% constraint on total planned expenditures to Measure I estimated revenue. 4. Expenditures of Measure I Local Street funds must be detailed in the Five Year Capital Improvement Plan and adopted by resolution of the governing body. 5. Revised Capital Improvement Plans are due to SBCTA by the end of the fiscal year along with a new resolution. 2018-2023 MICIP_RC USE Page 61 Total Estimated Programmed: $ 21,473,000.00 Check: $ 21,473,000.00 150% of Estimated Measure I plus carryover: $ 28,521,836.48 Does programing amount exceed 150% limit: No FY2018/19 MEASURE I LOCAL OVERLAY NO. STREET NAME FROM TO 1 PASITO AVE END MIGNONETTE ST 2 AGATE ST LA VINE ST ROBERDS ST 3 ALTA LOMA DR HIGHLAND AVE HAVEN AVE 4 GARNET ST LA VINE ST ROBERDS ST 51 HIGHLAND AVE TOPAZ ST NAPA AVE 6 HILLSIDE CV WILSON AVE MANZANITA DR 7 LA GLORIA DR END LAYTON ST 8 LOMITA DR ELMHURST AVE HERMOSA AVE 9 RING AVE BAN DOLA ST MESADA ST 10 TEAK WAY END LOMITA DR 11 BONITA AVE BEECHWOOD DR WILSON AVE 12 AGGAZZOTTI RD CONGEMI CT VAI BROTHERS DR 13 PEACH TREE LN END VALINDA AVE 14 WALKER CT GANNON ST END 15 LEMON AVE BARSAC PL TERRACINA AVE 16 MT STERLING CT END NETHERLANDS VIEW LP 17 ALTADENA CT HASTINGS RANCH LN END 18 SHASTA DR ETIWANDA AVE ROBERTS PL 19 SILK OAK CT END PRIMROSE PL 20 KENYON WAY LARK DR VICTORIA PARK LN 21 ASTER CT END TIPU PL 22 KEARNEY CT END SHERBROOKE PL 23 NOVA CT AMARILLO ST END 24 TAMARISK DR PEACH PL END 25 SWANSON PL PROVINCE ST BASE LINE RD 26 LARKSPUR PL S. VICTORIA WINDROWS LP IRONBARK DR 27 N. VICTORIA WINDROWS LP KALMIA ST TIPU PL 28 SIERRA LINDA CT END CREEKBRIDGE ST 29 LANTANA DR END BOUGAINVILLEA WAY 30 ROLLINS CT END SHERBROOKE PL 31 SUNBURST DR VILLA CREST PL BROOKSIDE RD 32 SWEETGUM DR END GERANIUM PL 33 BROOKSIDE RD SUNBURST DR CREEKBRIDGE ST 34 FOXGLOVE CT END PEACH PL 35 CANDLEWOOD ST PASITO AVE RAMONA AVE 36 LEUCITE AVE CHURCH ST LANGSTON ST 37 LOCKHAVEN AVE PALO ALTO ST CANDLEWOOD ST 38 MONTARA AVE END HEMLOCK ST 39 RAMONA AVE FOOTHILL BLVD HAMPSHIRE ST 40 LION ST BASE LINE RD CANDLEWOOD ST 41 WINERY RIDGE DR ICHIANTI CT ISAN BERNARDINO RD 42 LOCKHAVEN CT JEND IHEMLOCK ST ATTACHMENT A Page 62 CITY OF RANCHO CUCAMONGA MEASURE I CAPITAL IMPROVEMENT PLAN EXPENDITURE STRATEGY Fiscal Year 2018/2019 — Fiscal Year 2022/2023 Each jurisdiction shall adopt a Measure I Capital Improvement Plan Expenditure Strategy as part of the annual Capital Improvement Plan adoption. The Expenditure Strategy is not intended to be a narrative description of the projects listed in the Capital Improvement Plan. Instead, the Expenditure Strategy should provide the policy approach adopted by the Council for the expenditure of Measure I funds. The jurisdictional Expenditure Strategy provides an opportunity to document circumstances or analyses which are not otherwise apparent when reviewing the Measure I Capital Improvement Plan. You must include the strategy as part of the annual Capital Improvement Plan adopted by your governing body. The Measure "I" Capital Improvement Plan Expenditure Strategy for the expenditure of Measure I funds will use the City's General Plan Circulation Element as a basis. It is anticipated that the funds will be allocated in the following manner: Percent Type of Improvement 73 Maintenance, Rehabilitation and Repair of Existing Roadways 21 Traffic Signal Improvements, Pavement Striping and Maintenance 5 Concrete Services (ADA, Repair and Sidewalks) 1 Pavement Management 2018/2023 MICIP-Expenditure Strategy ATTACHMENT A Page 63 •�1 DATE: TO: FROM: INITIATED BY September 5, 2018 Mayor and Members of the City Council John R. Gillison, City Manager Jason C. Welday, Director of Engineering Services/City Engineer Brian Sandona, Senior Engineer SUBJECT: CONSIDERATION TO RELEASE BONDS FOR THE PUBLIC IMPROVEMENTS REQUIRED ON THE NORTHEAST CORNER OF 6TH STREET AND CENTERAVENUE RELATED TO PARCEL MAP 19683. RECOMMENDATION: Staff recommends that the City Council authorize the release of Faithful Performance Bond No. 441906 and Labor and Material Bond No. 4419106 for the public improvements required for Parcel Map 19683. BACKGROUND: On January 20, 2017, the Planning Commission approved Tentative Parcel Map 19683 for the subdivision of a 5.26 -acre site into 3 parcels in the General Industrial (G I) District located at the northeast corner of 6th Street and Center Avenue between Hermosa Avenue and Haven Avenue. This approval included conditions to construct certain public improvements including street, sidewalk, street lights, undergrounding, and street trees. Parcel Map No. 19683 was subsequently approved by the City Council on May 2, 2018. ANALYSIS: Since the approval of Parcel Map 19683 by City Council, the developer has withdrawn interest in the project and has failed to record the final map. The City has obtained and destroyed the final map including all original signatures. All public improvements required of this development will not be completed per the conditions of approval for Tentative Parcel Map 19683. Prior to approval of Parcel Map 19683 the developer, 6th and Center, LLC, submitted Faithful Performance Bond No. 4419106 in the amount of $ 76,000 and a Labor and Material Bond No. 4419106 in the amount of $ 76,000 to ensure satisfactory completion of the improvements. With the project no longer moving forward, the completion of the improvements secured by these bonds are no longer required. Page 64 FISCAL IMPACT: There are no fiscal impacts at this time. Future development of the site will be conditioned to construct necessary public improvements. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: Description Attachemnt 1 Page 65 Vicinity Map NOT TO SCALE N ATTACHMENT 1 Page 66 Rhlladelphia C1 I Trustar Energy x m a C I � Y 3 7th St 7th 5t Ell � 7th a � a EraVepren Global So, Metal Comers of California Prompt Staffing _ I s _° Welding Skil Is Test & Training Center, Inc s Q Cvmar r Bank Of America Short Safe Speclallsis 1... 1 Ad Sharon Cir AAA ValleySit Site t T rty Rentals Hydroponics... ; Thompson �+y EI Ranchero W Electric � Right At HaHorneIndustrial Supply e Giti The L}SA Ltd ARCO 9 m � 4 6th St 6th St 6th St 6th St 6th St 5th St = ro � ❑ a m m Y C N O 3 n universal Technical Instltute z W rn ahher Kumho Tire USA P 3 Premier Exel Go+,gle z N ATTACHMENT 1 Page 66 •�1 DATE: September 5, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Andy Miller, Maintenance Supervisor Inge Tunggaldjaja, Management Analyst I SUBJECT: CONSIDERATION TO APPROVE THE RENEWAL OF CONTRACT CO 15- 095 WITH UPSCO POWERSAFE SYSTEMS, INC., FOR UNINTERRUPTIBLE POWER SUPPLY (UPS) SYSTEM MAINTENANCE AND REPAIRAND BATTERY REPLACEMENTS, WITHAVALUE OF $49,900 FOR FY 2018/19, AND AN ESTIMATED TOTAL CONTRACT VALUE OF $199,600 OVER THE FOUR YEARS REMAINING ON THE CONTRACT; AND, AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO RENEW THE CONTRACT ANNUALLY. RECOMMENDATION: Staff recommends the City Council approve Amendment No. 3 to contract CO 15-095 with UPSCO PowerSafe Systems, Inc., for "Uninterruptible Power Supply (UPS) System Maintenance and Repair and Battery Replacements" extending the term of the contract to June 30, 2019, and an estimated total contract value of $199,600 over the four years remaining on the contract; and, authorize the City Manager or his designee to renew the contract annually. BACKGROUND: On April 27, 2015, a competitively bid contract for "Uninterruptible Power Supply (UPS) System Maintenance and Repair and Battery Replacements" was awarded to UPSCO PowerSafe Systems, Inc. There are 16 Uninterruptible Power Supply (UPS) units placed throughout various city buildings. These units provide continuous power to mission critical and life/safety equipment such as the phone system, data servers, and egress lighting. To maintain the condition and availability of service from the UPS units, the City requires annual maintenance be performed on each unit. The goal of this work is to assure continuity of service through preventative maintenance and repairs. This contract has an option to renew in one year increments up to a total of seven years ending June 30, 2022. If approved, Amendment No. 3 to CO 15-095 will extend the term of the contract to June 30, 2019 and authorize the City Manager or his designee to renew the contract annually through June 30, 2022. Page 67 ANALYSIS: UPSCO PowerSafe Systems, Inc. has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2018/19 with NO rate increase. Staff recommends Council approve the renewal of contract CO 15-095 effective July 1, 2018 and approve the spending limit of $49,900 for FY 2018/19 and the estimated total contract value of $199,600 over the four years remaining on the contract. FISCAL IMPACT: The contract price is within the contract services budget line items in the approved budget for FY 2018/2019. COUNCIL GOAL(S) ADDRESSED: The provision of key services enhances the City's premier community status through the maintenance of City facilities. ATTACHMENTS: Description Attachment 1 -Amendment 3 Page 68 AMENDMENT NO. 003 to Professional Services Agreement (CO #15-095) between UPSCO PowerSafe Systems (hereinafter "Contractor") and City of Rancho Cucamonga (hereinafter the "City") This Amendment No. 003 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 15-095, to incorporate the following: The above mentioned PSA has been in effect for three (3) years and has an option to renew in one (1) year increments to a total of seven (7) years. Contractor and City would like to exercise the option to renew CO#15-095 for one (1) additional year (FY 18-19) extending the Agreement date to June 30, 2019. Said extension will be in accordance with the Contractor's Letter of Intent attached hereto. This will be the fourth year of the Agreement. All other Terms and Conditions of the original Agreement CO# 15-095, will remain in full effect. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return two (2) original signed copies to the City no later than August 9, 2018. The City will process both copies for signature and provide UPSCO PowerSafe Systems with one (1) fully executed copy of the Amendment. UPSCO PowerSafe s By: _ 8lz11$ Name ate ME2� Title By: G Name to Title (two signatures required if corporation) Last Revised. • 0912812012 City of Rancho Cucamonga By: -- Name Title By: Name Title Date Date Page I of I Page 69 August 2, 2018 PSC :RRUPTIBLE POWER SYSTEMS ventral Avenue ® Upland, CA 91786 (909) 920-1088 o Fax (909) 920-1087 City of Rancho Cucamonga Attn: Inge Tunggaldjaja Public Works Service Department 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Dear Inge: This letter is in regards to UPS equipment maintenance. This is to confirm our intent to continue providing preventive maintenance to the City of Rancho Cucamonga at the currently contracted rate for FY 18-19. There will not be any increases in the cost of this maintenance nor do we see any additional scope unless additional equipment is installed in the City. Thank you for this opportunity to be of service to you. Please call me if you have any questions. I can be reached on my cell phone at 909.816.8169 Sincerely, UPSCO Powersafe Systems, Inc. Martin Holiday Engineer Page 70 •�1 DATE: September 5, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent Ruth Cain, CPPB, Procurement Manager SUBJECT: CONSIDERATION TO AWARD A CONTRACT TO ALBERT GROVER AND ASSOCIATES FOR TRAFFIC SIGNAL COMMUNICATION SERVICES. RECOMMENDATION: Staff recommends the City Council award and authorize the execution of a contract with Albert Grover and Associates for Traffic Signal Communication Services, effective as of the date of the mutual execution through June 30, 2019, with an option to renew for one (1) year increments up to a total of six (6) additional years, with a value of $50,000 for FY 2018-2019, and an estimated total contract value of $350,000 over seven years; and, authorize the City Manager to renew the contract annually. BACKGROUND: The Public Works Services Department and the Procurement Division routinely go out for "Request for Proposals" to ensure vendor services remain competitive. The scope of work for this contract includes, but is not limited to, providing on-call support for the City's Master Communication Systems for traffic signals and assisting City Engineers and Traffic Signal Technicians with the following: identify and troubleshoot failures; repair communication systems; input communication protocols into the traffic signal controllers when damaged, replaced, or upgraded; perform bench and field maintenance for fiber optics modems and ethernet switches; test and evaluate signal strength for radios, ethernet connections, and fiber optic interconnect used in the traffic signal master system. This contract service will enhance staff's knowledge and troubleshooting abilities for our traffic signal master communication system and increase the system's efficiency. The specification was provided to the Procurement Division to prepare a formal Request for Proposal (RFP). The Procurement Division prepared and posted RFP #18/19-002 for Traffic Signal Communication Services. There were five hundred and eleven (511) notified vendors; twenty-three (23) prospective bidders downloaded or viewed the bid package, and there were two (2) viable responses received. ANALYSIS: Page 71 An Evaluation Committee consisting of staff from various departments conducted a thorough analysis of the RFP responses and scored and ranked the responsive proposals. Albert Grover and Associates of Fullerton, California was the highest-ranking vendor and determined to be the most responsive contractor providing the best value while meeting the scope of services and specifications required. Therefore, staff recommends City Council award a contract to Albert Grover and Associates, effective from the date of the mutual execution through June 30, 2019, with an option to renew for one (1) year increments up to a total of six (6) additional years, with a value of $50,000 for FY 2018-2019 and an estimated contract value of $350,000 over seven years. FISCAL IMPACT: The funding for this contract service is within the proposed contract services budget line item in the Gas Tax fund for FY 2018/2019. COUNCIL GOAL(S) ADDRESSED: The provision of traffic signal communication services enhances public safety and reinforces the City's position as the premier community in the inland region. ATTACHMENTS: Description Attachment 1 - Contract Page 72 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 24th day of July, 2018, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and Albert Grover and Associates, a Transportation Consulting Engineers ("Contractor"). RECITALS A. City has heretofore issued its request for proposals to perform the following services: Trafic Signal Communication Services ("the Project"). B. Contractor has submitted a proposal to perform the services described in Recital "A", above, necessary to complete the Project. C. City desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Contractor to perform all services described in Recitals "A" and `B" above, including, but not limited to Trafic Signal Communication Services as per RFP#18/19-002, all as more fully set forth in the Contractor's proposal, dated July 10, 2019 and entitled "Scope of Work", attached hereto as Exhibit "A", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City the Contractor will promptly meet with City staff to discuss any revisions to the Project desired by the City. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor's compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's Manager without amendment. venaorinznais PSA without professional liability insurance (contractor) Page I Last Revised: 05/22/14 Page 73 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "A". 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall be one year(s) and shall become effective as of the date of the mutual execution by way of both parties signature (the "Effective Date"). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of seven (7) years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. 3.1 Compensation. City shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $50,000 (Fifty Thousand Dollar), including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. v enuur intuaes PSA without professional liability insurance (contractor) Page 2 Last Revised: 05/22/14 Page 74 The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City representative shall be Ernie Ruiz, or such other person as designated in writing by the City ("City Representative"). It shall be Contractor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Mark Miller is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Contractor's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Contractor's Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City. 6. Contractor's Personnel. PSA without professional liability insurance (contractor) Last Revised: 05/22/14 v enuur intuaes Page 3 Page 75 6.1 All Services shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City's Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product"), are considered to be "works made for hire" for the benefit of the City. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Contractor and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City's reuse of the Work Product for any purpose other than the Project, shall be at City's sole risk. v enuur intuaes PSA without professional liability insurance (contractor) Page 4 Last Revised: 05/22/14 Page 76 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7. 1, above, the Contractor shall be deemed to grant and assign to City , and shall require all of its subcontractors to assign to City , all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non -infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees 9. Confidentiality. Contractor may have access to financial, accounting, PSA without professional liability insurance (contractor) Last Revised: 05/22/14 venaorinznais Page 5 Page 77 statistical, and personnel data of individuals and City employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87 100) in any decision made by City on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 To the maximum extent permitted bylaw, the Contractor shall defend, PSA without professional liability insurance (contractor) Last Revised: 05/22/14 v enuur intuaes Page 6 Page 78 indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "Indemnitees"),free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subro ag tion. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). PSA without professional liability insurance (contractor) Last Revised: 05/22/14 venaorinznais Page 7 Page 79 (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement. 12.4 Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises PSA without professional liability insurance (contractor) Last Revised: 05/22/14 venaorinznais Page 8 Page 80 owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be in excess of Contractor's insurance and shall not contribute with it. (3) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Contractor's sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, PSA without professional liability insurance (contractor) Last Revised: 05/22/14 v enuur intuaes Page 9 Page 81 including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub -subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City might require. City shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City exercises its right to terminate this Agreement, City shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. venaorinznais PSA without professional liability insurance (contractor) Page 10 Last Revised: 05/22/14 Page 82 Contractor may terminate this Agreement for cause upon giving the City D ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: Ernie Ruiz, Streets, Storm Drain and Fleet Superintendent 8794 Lion Street Rancho Cucamonga, CA 91730 If to Contractor: Mark Miller, Representative 211 Imperial Highway, Suite 208 Fullerton, CA 92835 aga@albertgrover.com 16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor's obligations hereunder without City's prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California v enuur intuaes PSA without professional liability insurance (contractor) Page 11 Last Revised: 05/22/14 Page 83 Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and compliance with other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at hM2://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and v enuur intuaes PSA without professional liability insurance (contractor) Page 12 Last Revised: 05/22/14 Page 84 integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: Albert Grover and Associates City of Rancho Cucamonga By: Name Title By: Name Date Date Title (two signatures required if corporation) Name Title EXHIBIT A SCOPE OF SERVICES Date v enuur intuaes PSA without professional liability insurance (contractor) Page 13 Last Revised: 05/22/14 Page 85 EXHIBIT B SCHEDULE FOR PERFORMANCE PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 14 Page 86 PSA without professional liability insurance (contractor) Last Revised: 05/22/14 Vendor Initials Page 15 Page 87 Attachment A — Sample Waiver of Subrogation (Sample Only — Not all forms will look identical to this Sample) TRAVELERS POLICY NUMBER. WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 0403 13 (00) - 01 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered by this Policy. We will not enforce our right against the person or organization named in the Schedule. [This agreement applies only to the etctent that you perform work under a written contract that requires you to obtain tnis agreement from us.y This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officink DESIGNATED ORGANIZATION: PSA without professional liability insurance (contractor) Last Revised: 05122114 Vendor Initials Page 16 Page 88 Attachment B — Sample Additional Insured for On-going Projects POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization (a): Locations Of Covered Operations The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Information required to cum plate this Schedule, if not shown above, will be shown in the Declarations. A. Section Il — Wh❑ Is An Insured is amended to include as an additional insured the persons) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage' or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf: in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials. parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance OF repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project - 0 ISO Properties, Inc., 2004 PSA without professional liability insurance (contractor) Last Revised: 05122114 Page 1 of 1 0 Vendor Initials Page 17 Page 89 •�1 DATE: September 5, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jennifer Hunt Gracia, Community Services Director Ruth Cain, Procurement Manager Jennifer Brown, Management Analyst I SUBJECT: CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH THE KINDRED CORPORATION FOR PRINTING AND MAILING SERVICES FOR VARIOUS BROCHURES IN THE AMOUNT OF $109,948 ANNUALLY; NOT TO EXCEED $769,639 OVER ASEVEN-YEAR PERIOD. RECOMMENDATION: Staff recommends the City Council approve and authorize the execution of a Professional Services Agreement with Kindred Corporation for printing and mailing services for the Grapevine and RC Reporter in the amount of $109,948 annually, not to exceed $769,639 over a seven-year period. BACKGROUND: The Grapevine is a publication of the Community Services Department and features information on the Department's classes, events and facilities. It serves as the primary marketing and registration tool for the Department. It also features information on Healthy RC, Library and Animal Center programs. The Grapevine, which includes the RC Reporter, is published on a quarterly basis for spring, summer, fall, and winter. The RC Reporter, coordinated by the City Manager's Office is the City's community newsletter, providing information to residents and businesses regarding City activities, events, projects and local community efforts from all Departments. The RC Reporter is published four times each year and is inserted into the Grapevine. Both publications are part of the City's overarching Community Information Program. I n 2017 the City's contracted printer for the Grapevine and RC Reporter publications, Clearwater Printing, went out of business. Specifications were provided to the Procurement Division, which prepared and posted a formal Request for Proposal (RFP) #17/18-014 to the City's automated procurement system. There were two - hundred twenty-nine (229) notified vendors, twenty-seven (27) prospective bidders downloaded or viewed the solicitation package, and four (4) viable responses were received. ANALYSIS: An Evaluation Committee conducted a thorough analysis of the RFP responses, scored and ranked each responsive proposal. The Kindred Corporation of Rancho Cucamonga was determined to be the most Page 90 responsive vendor providing the best value while meeting the scope of services and required specifications. Therefore, staff recommends City Council award a contract to the Kindred Corporation, effective from the date of mutual execution for a seven (7) year term. All applicable solicitation documentation is on file in Planet Bids and can be accessed through the City's website at www.CityofRC.us. FISCAL IMPACT: Annually, this contract will cost the City 8% less than the previous vendor's annual price of $119,000, and 20% less than our projected budget of $136,900. Funds from the General Fund, Community Services and City Manager's Office Contract Services accounts 1001401-5300/5230000-1890 and 1001001-5300 are budgeted annually for the printing of the Grapevine and RC Reporter publications. COUNCIL GOAL(S) ADDRESSED: By contracting with Kindred Corporation through the RFP process, the City contributes to the goal of enhancing premier community status by maintaining high quality communication pieces while ensuring the best value to the City. Page 91 •�1 DATE: September 5, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Julie A. Sowles, Library Director SUBJECT: CONSIDERATION OF ADDITIONAL APPROPRIATIONS IN THE AMOUNT OF $11,428 AND $18,573 FOR CALIFORNIA STATE LIBRARY GRANT EXPENDITURES FOR THE ARCHIBALD LIBRARY MEDIA LAB. RECOMMENDATION: Staff recommends the City Council approve additional appropriations in the amount of $11,428 and $18,573 for California State Library Grant expenditures for the Archibald Library Media Lab. BACKGROUND: In November of 2017, the Library was awarded a California State Library grant in the amount $30,000 (Libraries Illuminated) for purchases related to the Media Lab project at Archibald Library. The Library presented a staff report to City Council on December 20, 2017, requesting the acceptance of the grant funds and the approval of the related appropriations into the California State Library grant fund. However, the additional appropriations were inadvertently excluded from the FY 2017/18 Amended Budget. As a result, $11,428 in grant expenditures were covered by the Library Fund during FY 2017/18. ANALYSIS: In order to make the Library Fund whole for the prior year payment of grant expenditures, staff is requesting approval of an additional appropriation to transfer a reimbursement from the California State Library Grant Fund to the Library Fund in the current fiscal year in the amount of $11,428. Additionally, $18,573 in grant funds remain unspent as of the current date. Staff is also requesting approval of an additional appropriation for the expenditure of these remaining grant funds. As noted in the original December 20, 2017 staff report, the grant was obtained to directly support the purchase of innovative technology for the Archibald Library Media Lab. FISCAL IMPACT: Staff is requesting approval of the following additional appropriations to reimburse the Library Fund for the prior year's grant -related expenditures and to fund current year grant expenditures. The additional appropriations are as follows: 1290000-8291 $11,428 (Transfer In from CA State Library Fund) 1291602-9290/0-3771 $11,428 (Transfer Out to Library Fund) Page 92 1291602-5200/0-3771 $18,573 (Operations & Maintenance) 1291000-4740/0-3771 $30,000 (Grant Income) COUNCIL GOAL(S) ADDRESSED: Grant funding for a new Media Lab at the Archibald Library further contributes to the City of Rancho Cucamonga's status as the premier community in our region. ATTACHMENTS: Description Attachment 1 - December 20, 2017 City Council Report Page 93 Attachment 1 STAFF REPORT DATE: December 20, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Julie A. Sowles, Library Director SUBJECT: CONSIDERATION TO ACCEPT AND TO ALLOCATE $30,000 AWARDED BY THE CALIFORNIA STATE LIBRARY TO LAUNCH A NEW MEDIA LAB AT THE ARCHIBALD LIBRARY. RECOMMENDATION: Staff recommends the City Council approve and allocate $30,000 received from the California State Library for the "Libraries Illuminated" grant to directly support the purchase of innovative technology for the Archibald Library Media Lab. BACKGROUND: The Rancho Cucamonga Library serves almost 50,000 people in classes and programs each year, with an annual visitor base of almost 600,000 between two library locations. Needs assessment data, including survey and focus group results, show overwhelming support for the creation of hands-on interactive program experiences for children, teens and their families. In order to offer these experiences, the Library initiated STEM learning opportunities for kids, teens, and adults, addressing topics like robotics, coding, cosplay, and more. With the subsequent completion of our CENIC broadband project, library staff is excited at the prospect of introducing additional programming that utilizes hi -tech computer equipment. As a result, the Media Lab conceptual framework and service plan was developed with our needs assessments and recent broadband expansion in mind. The Media Lab responds to a need for expanded technology learning and skills that are not available in our existing Technology Centers. This project will push our community to use technology and the internet in non-traditional ways providing the equipment, instruction, and bandwidth for them to successfully build important 21 st Century skills. ANALYSIS: Approval of these grant funds will help pay for the purchase of cutting edge technological equipment for the Media Lab, including 3600 digital cameras, virtual reality headsets, GoPro cameras, film/audio production equipment and more. FISCAL IMPACT: This grant provides additional funds from the California State Library and will be added as new revenue to the FY 2017-2018 budget that will cover the cost of new technology related equipment. Grant funds will be placed into Library revenue account 1291000-4740/0-3771 and appropriate into Library expenditure accounts in the following manner: Page 1 of 2 Page 94 CITY COUNCIL STAFF REPORT CONSIDERATION TO ACCEPT AND TO ALLOCATE $30,000 AWARDED BY THE CALIFORNIA STATE LIBRARY TO LAUNCH A NEW MEDIA LAB AT THE ARCHIBALD LIBRARY. DECEMBER 20, 2017 1291602-5200/0-3771 Operations & Maintenance $ 30,000 COUNCIL GOAL(S) ADDRESSED: Not applicable. Page 2of2 Page 95 •�1 DATE: September 5, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Julie A. Sowles, Library Director Brian Sternberg, Assistant Library Director Ruth Cain, Procurement Manager SUBJECT: CONSIDERATION OF THE USE OF BIBLIOTHECA, LLC. TO PROVIDE E - BOOK AND E-AUDIOBOOK LENDING SERVICES TO THE RANCHO CUCAMONGA PUBLIC LIBRARY USING THE CLOUDLIBRARYTM PLATFORM. RECOMMENDATION: Staff recommends the City Council approve the use of Bibliotheca cloudLibraryTm as an online platform for lending e -books and e-audiobooks which utilizes a proprietary shared content system with approximately 20 other library jurisdictions across California. BACKGROUND: CloudLibrary is an e -book and e-audiobook lending system from Bibliotheca, LLC, a leading provider of equipment and services to public libraries around the world. cloudLibrary is currently being used by major library systems across the United States, including the San Diego Public Library, Salt Lake City Public Library and the Hennepin County Public Library. cloudLibrary enables patrons to locate, check out, and utilize a wide selection of e -books and e-audiobooks from the Rancho Cucamonga Public Library website using a "reader app" that can be downloaded on all major software platforms including iOS, Android, Mac OS and Windows operating systems. The Rancho Cucamonga Public Library currently does not have a strong e -book or e-audiobook collection that adequately provides the community with a diverse selection of fiction and nonfiction offerings. Staff of the Rancho Cucamonga Public Library have worked with Bibliotheca previously at both the Paul A. Biane Library and the Archibald Library to upgrade the Library's existing Radio Frequency Identification (RF ID) security system, self -checkout machines and circulation equipment. A single source request for cloudLibrary has been previously vetted through the Procurement Division. ANALYSIS: CloudLibrary provides users with an opportunity to borrow digital library content at no cost. Digital items return automatically, and there are no overdue fines or fees associated with using the cloudLibrary service. This service is unique in terms of patron privacy, only requiring a library barcode to check out items without providing personal information to a third party vendor. Page 96 Bibliotheca is the only vendor offering the cloudLinkl" interlibrary loan feature that allows individual libraries in California to share content with other library jurisdictions using the cloudLibrary platform. This new service will greatly enhance the Rancho Cucamonga Public Library's digital collection and will provide an opportunity to join approximately 20 other libraries throughout California in giving Rancho Cucamonga Public Library users access to more than 88,000 titles being shared among these participating libraries. Additionally, unlike other cloud -based lending platforms, cloudLibrary integrates fully with the Library's Bibliotheca model 500 self -check stations, giving staff the capability to promote content and patrons the ability to check out digital materials directly from the Library's self -check machines. As a result, it is in the City's best interest to continue working with Bibliotheca for e -book and e-audiobook lending services. Based on the work Bibliotheca has previously done for the Rancho Cucamonga Public Library, a Single Source Memo was submitted to and approved by the Procurement Manager. Staff requests that the City Council accept this single source bid. Based on their institutional knowledge, experience and familiarity with the e -book and e-audiobook platforms, Bibliotheca will prove to be the most cost efficient and provide the best value to the City. FISCAL IMPACT: The cost for the cloudLibrary platform was budgeted and approved for FY 2018-2019. The amount funded is not to exceed $100,000 for a one-time "opening day collection" and an annual collection development cost not to exceed $50,000. Funding for this service will come from Library Fund object 1290608-5200. COUNCIL GOAL(S) ADDRESSED: Providing superior library services to the citizens of Rancho Cucamonga enhances the overall quality of life in Rancho Cucamonga. It also directly enhances the City's position as the premier community in our region and fully supports other city-wide initiatives such as Healthy RC. ATTACHMENTS: Description Bibliotheca cloudLibrary Quote Page 97 ill bibliothecd" Customer Official System Quote Customer Bill To: Rancho Cucamonga Public Library (CA) - Main Cara Vera 7368 Archibald Ave. Rancho Cucamonga CA 91730-1401 United States of America Cara.Vera@cityofrc.us Tel: 909.477.2720 x3966 Quote Details Cloud - New Account transforming libraries Quote Date: 07/09/2018 Quote Number: QUO -57020-Q 1 T3, Rev: 3 Location Information: Rancho Cucamonga Public Library - Main - Archibald Library Cara Vera 7368 Archibald Ave. Rancho Cucamonga CA 91730-1401 United States of America Sales Contact: Douglas Monson Sales Phone: +1 (651) 263-5829 Sales Email: D.Monson@bibliotheca.com Prices are in US Dollars Quote expires (60) days from Quote Date above. If applicable, the hardware and software includes 12 -month warranty, set-up and configuration Additional Details Bibliotheca, LLC 3169 Holcomb Bridge Road, NW, Suite 200, Norcross, GA 30071, USA Page 1 of 2 Total $150,000.00 (Less Sales Tax): Phone No - 877-207-3127 Fax No - 1-877 689 2269 www.bibliotheca.com Page 98 Quantity Sale Price cloudLibraryTm by bibliotheca ebook/audiobook $47,500.000 DIG000001-000-US $47,500.00 This amount represents an annual content purchase commitment over 12 months. Opening Day Collection 1 $100,000.000 DIG000013-000-US $100,000.00 Opening Day Commitment $100,000.00 to be invoiced after content is purchased DIG000003-000-US cloudLibraryTm by bibliotheca Annual subscription 1 $0.000 $0.00 Bibliotheca will waive the first year platform fee of $4,000 for Rancho Cucamonga to bring on the cloudLibrary and use that budget money for content. Year 2 - $4,000 Year 3 - $4,000 DIG000004-000-US cloudLibraryTm by bibliotheca Setup and training 1 $1,500.000 $1,500.00 DIG000010-000-US cloudLibrary CloudLink Fee Annually 1 $1,000.000 $1,000.00 cloudLink is for e -resource sharing with other cloudLibrary customers, this fee will only be invoiced if Rancho Cucamonga decides to cloudLink to other libraries then the fee is $1,000 per year. Additional Details Bibliotheca, LLC 3169 Holcomb Bridge Road, NW, Suite 200, Norcross, GA 30071, USA Page 1 of 2 Total $150,000.00 (Less Sales Tax): Phone No - 877-207-3127 Fax No - 1-877 689 2269 www.bibliotheca.com Page 98 SII bibliothecoo transforming libraries Customer Official System Quote All prices including Service and Maintenance do not include any applicable sales tax. If tax exempt, A copy of Tax Exemption Certificate is required with purchase order for all tax-exempt customers. Terms are NET 30 Days from Date of Invoice. Invoice is generated at the time of Shipment. Quotations are good for 60 days. All dates are based on ship dates. Order must ship within the 60 -day window. After 60 days, quotation expires. Contact Bibliotheca for a New Quotation. A 20% restocking fee, in addition to in -bound and out -bound shipping, will be charged for all returns. GST/HST No 859257321RT0001 Submit Purchase Order by fax to 877-689-2269 or by email to orders-us@bibliotheca.com. Accepted By: Accepted Date: Customer Purchase Order Number: Bibliotheca, LLC 3169 Holcomb Bridge Road, NW, Suite 200, Norcross, GA 30071, USA Phone No - 877-207-3127 Fax No - 1-877 689 2269 www.bibliotheca.com Page 99 Page 2 of 2 •�1 DATE: TO: FROM: INITIATED BY SUBJECT: September 5, 2018 Mayor and Members of the City Council John R. Gillison, City Manager Julie A. Sowles, Library Director CONSIDERATION TO ACCEPT AND TO ALLOCATE $1,000 AWARDED BY THE YOUNG ADULT LIBRARY SERVICES ASSOCIATION AND DOLLAR GENERAL TO OFFER TEEN PROGRAMS DURING THE NATIONAL TEEN READ WEEK. RECOMMENDATION: Staff recommends the City Council approve and allocate $1,000 received from the Young Adult Library Services Association (YALSA) and Dollar General for the "Teen Read Week" grant to directly support the purchase of books, technology and engineering materials for programming during Teen Read Week from October 8 — October 13, 2018. BACKGROUND: The Rancho Cucamonga Library serves almost 50,000 people in classes and programs each year, with an annual visitor base of almost 600,000 between two library locations. Needs assessment data, including survey and focus group results, show overwhelming support for the creation of hands-on interactive program experiences for children, teens and their families. In addition, CAASPP (California Assessment of Student Performance and Progress) reports 13.45% of Chaffey Joint Union High School District juniors are not meeting the English Language Arts and Literacy standard for their grade. I n order to offer pertinent experiences, the Library has initiated a variety of literacy -based learning opportunities which address topics like data, visual and foundational literacy. With the concurrent development of a Media Lab at Archibald Library, staff are excited at the prospect of introducing additional literacy programming that utilizes hi -tech computer equipment such as coding, computational, gaming and digital Iiteracies. Teen Read Week responds to a need for diverse types of learning and skills that are not available in our existing literacy programming. This project will encourage our teen community to take advantage of technology, literacy tools and teaching methods provided in different formats which appeal to all learning styles. ANALYSIS: Approval of these grant funds will help pay for copies of the book "Railhead" by Philip Reeve for an inaugural teen bookclub. "Railhead is a science fiction adventure title that explores the concepts of space travel, robotics and artificial Intelligence. The concepts explored in this book also relate to a variety of equipment that will be purchased with grant funds including telescopes, basic engineering materials for science experiments and augmented reality applications. Page 100 FISCAL IMPACT: This grant provides additional funds from YALSA through the American Library Association (ALA) and will be added as new revenue to the FY 2018-2019 budget which will cover the cost of new books and programming materials. Grant funds will be placed into Library revenue account 1291000-4740/0-3777 and appropriate into Library expenditure accounts in the following manner: 1291602-5200/0-3777 Operations & Maintenance $1,000 COUNCIL GOAL(S) ADDRESSED: Providing superior library services to the citizens of Rancho Cucamonga enhances the overall quality of life in Rancho Cucamonga. It also directly enhances the City's position as the premier community in our region. Page 101 •�1 DATE: September 5, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Candyce Burnett, City Planner Jennifer Nakamura, Associate Planner SUBJECT: REPORT IN CONFORMANCE WITH CALIFORNIA GOVERNMENT CODE 65858 ON MEASURES TAKEN TO ALLEVIATE THE NEED FOR INTERIM ORDINANCE 923, REQUIRING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF NEW HOTELS OR THE EXPANSION OF EXISTING HOTELS. RECOMMENDATION: Staff recommends that the City Council receive and file this staff report in conformance with California Government Code Section 65858 on the measures taken by the City to alleviate the need for Interim Ordinance 923, requiring a Conditional Use Permit for the establishment of new or expansion of existing hotels within the City. BACKGROUND: On October 4, 2017, the City Council approved Urgency Ordinance No. 919, requiring a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City to allow staff time to study the issue and draft any necessary changes to the Municipal Code. Per State law, the interim ordinance is effective for a period of 45 days from the date of adoption, unless extended at a public hearing prior to the end of the 45 -day period. On November 15, 2017, the City Council approved Urgency Ordinance No. 923, which extended the requirement for a Conditional Use Permit for the establishment of any new hotel or the expansion of any existing hotel within the City for an additional 10 months, 15 days, to provide staff additional time to study the issue and draft a Code Amendment to properly address the impacts created by hotel development within the City. The interim urgency ordinance, if not extended, is set to expire on October 3, 2018. ANALYSIS: Section 65858(d) of the California Government Code provides that ten (10) days prior to the expiration of the interim urgency ordinance, the legislative body shall issue a written report describing measures taken to alleviate conditions that led to the adoption of the urgency interim ordinance. The following specific activities are currently being undertaken: • Reviewing land use definitions for hotels to determine if revisions are needed. Page 102 • Studying issues associated with hotels to determine appropriate operational and development standards. • Evaluating the suitability of all land use districts where hotels are currently permitted. • Studying adopted operational and development standards from other California cities to determine any "best practice" standards that might be applicable to the City of Rancho Cucamonga; and • Drafting a permanent ordinance for the regulation of hotels City-wide for Planning Commission and City Council consideration in 2019. The above reflect the actions taken during this time necessary to extend the interim urgency ordinance currently in effect. An opportunity for full public comment on the extension of Ordinance No. 923 will be provided at the City Council's Public Hearing to be held on September 19, 2018. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRESSED: The interim ordinance addresses the Council's goal of Enhancing Premier Community Status through the study and development of design and operational standards to ensure high quality hotel development. ATTACHMENTS: Description Attachment 1 - Ordinance No. 923 Page 103 ORDINANCE NO. 923 AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, EXTENDING INTERIM ORDINANCE NO. 919 FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS REQUIRING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF HOTELS OR THE EXPANSION OF EXISTING HOTELS AND DECLARING THE URGENCY THEREOF A. Recitals. (i) The City is responsible for adopting and implementing land use regulations within its boundaries. The Rancho Cucamonga Municipal Code ("Code") generally regulates the entitlement, establishment and operation of Hotels within the City. (ii) Hotels are facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging. Hotels typically include a variety of services in addition to lodging, for example, restaurants, meeting facilities, swimming pools, tennis courts, indoor athletic facilities and personal services. (iii) Hotels can become a convenient location for certain types of criminal activity. The manufacture of methamphetamine and other types of illegal drugs has occurred in Hotels, damaging property and endangering other Hotel guests. Hotels are also a convenient destination for prostitution and sex trafficking. (iv) Evidence from jurisdictions throughout the country demonstrates that Hotels often attract or are the source of criminal activity: 1. In 2014, a man was arrested at a Hotel in Braintree, MA after threatening an 18 -year old girl because "she wasn't working" as a prostitute; 2. In 2015, the City of Dallas, TX filed suit against the owners of a Hotel after more than 40 drug-related arrests, in addition to four prostitution busts and numerous other crimes took place there in the preceding years; 3. In 2014, three people were arrested for conspiracy and loitering with intent to commit prostitution outside of a Hotel in National City, CA; 4. "Meth labs" have been discovered in Hotels in places such as Springfield, MO, Rockdale County, FL, DeKalb County, GA, and Lone Tree, CO, among others. (v) The City has recently experienced an increase in calls for service from Hotels within the City. There are currently nine Hotels in the City that have generated a total of 1,214 calls for service in the last 20 months. (vi) Hotels are often used as semi-permanent housing solutions for individuals unable to afford permanent housing, which leads to the creation of unauthorized residential uses on commercial properties. Some Hotels have been known to actively market their units as an alternative to student housing for college and trade school students. (vii) The proliferation of new Hotels throughout the City without due consideration through the approval of a conditional use permit presents an immediate threat to public health, safety or welfare. If new Hotels are established, or existing uses are expanded without appropriate review and regulation, it could lead to an increase in drug and prostitution -related Ordinance No. 923 — Page 1 of 4 crime. New or expanded Hotels could also have potential adverse secondary effects on neighborhoods and result in significant irreversible change to neighborhood and community character. (viii) There are currently no regulations in effect pertaining to security, traffic, safety or other impacts at Hotels or the services that these Hotels offer to guests, nor has the City undertaken a comprehensive analysis of the suitability of Hotels within the City's various zoning districts. (ix) The City intends to study the issues associated with Hotels in order to determine which locations are most appropriate for them, and what requirements, if any, should be imposed on their operation. After undertaking this study, the City intends to enact permanent regulations specific to Hotels. The City intends to undertake the required study within a reasonable time. In the interim, the City Council finds it necessary to enact a conditional use permit requirement for Hotels to prevent the establishment or expansion of Hotels that may conflict with the contemplated new policies or regulations or otherwise present impacts that would go unaddressed absent a conditional use permit process. (x) Absent of the passage of this Interim Ordinance, continued approval of entitlements for Hotels without approval of conditional use permits poses a current and immediate threat to the public health, safety or general welfare. If this Interim Ordinance does not become effective immediately, but instead becomes effective thirty (30) days after a second reading, there is a risk that further harm will be done to prevent the orderly development of Hotels in the City. There is therefore an urgent necessity for the City to adopt a conditional use permit requirement for the establishment and expansion of Hotels to take effect immediately. This requirement is intended to provide the City with an opportunity to evaluate and modify its zoning provisions in order to promote the appropriate development of Hotels in the City. (xi) Due to the foregoing circumstances, the City Council finds and determines that the immediate preservation of the public health, safety, and welfare requires that this Interim Ordinance be enacted pursuant to Government Code sections 36934, 36937 and 65858, and that it take effect immediately upon adoption, and its urgency is hereby declared. B. Ordinance NOW, THEREFORE, the City Council hereby ordains as follows: Section 1. Legislative Findings. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct and, based on such facts and the entirety of the record before it, further finds as follows: a. The establishment and operation of any new Hotels or the expansion of any existing Hotel within the City without due consideration through the approval of a conditional use permit and before the City has a chance to study current impacts and potential regulation would result in adverse impacts, constitute a nuisance, and present a risk to the public health, safety, and welfare. b. Requiring a conditional use permit for new or expanded Hotels in any zone or overlay in which Hotels are permitted is necessary to protect the public safety, health, and welfare. Section 2. Conditional Use Permit Requirement Established. The City Council hereby establishes an interim zoning ordinance imposing a conditional use permit requirement on Ordinance No. 923 — Page 2 of 4 new Hotels and expansions of existing Hotels in all zones of the City where Hotels are permitted. During the term of this Interim Ordinance, no Hotel shall be allowed, nor shall any entitlement or permit be issued for a Hotel, unless a conditional use permit is approved for the proposed use in accordance with the Rancho Cucamonga Development Code. For purposes of this Interim Ordinance, the term "Hotel' shall mean a hotel, motel, or inn containing ten or more sleeping rooms, which is used for temporary occupancy of transients. The "establishment" of a Hotel includes both the development and operation of an entirely new structure for a Hotel, and the conversion of an existing apartment building, or other structure into a Hotel. The "expansion" of a Hotel includes any increase in the hours of operation, size of the building, or any other increase in the intensity of use of the Hotel. Section 3. Ordinance is Supplemental. This Interim Ordinance is additional to and supplemental to, and shall not affect, except as specifically provided herein, any provision of the Rancho Cucamonga Development Code, which shall be operative and remain in full force and effect without limitation. Section 4. Term. This Interim Ordinance shall take effect concurrent with the expiration of Urgency Ordinance No. 919 at midnight on November 18, 2017, and shall remain in effect for a period of ten (10) months, fifteen (15) days from the date of publication in accordance with California Government Code Section 65858. Section 5. CEQA. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance, and the zoning provisions established hereby, may have a significant effect on the environment, because the Ordinance will impose greater limitations on development in the City, and will thereby serve to eliminate potentially significant adverse environmental impacts. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations. Section 6. Penalty. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. Section 7. Civil Remedies. The violation of any of the provisions of this Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. Section 8. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 9. The City Clerk shall certify to the adoption of this Ordinance. Ordinance No. 923 — Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 15th day of November, 2017. ATTEST: GW C rt ice C. Reynolds, Cit Jerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Urgency Ordinance was passed and adopted by a 4/5 vote at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 15th day of November, 2017, by the following vote: AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 16th day of November 2017, at Rancho Cucamonga, California. QXA�iL 1---, A� anice C. Reynolds, City &Ierk Ordinance No. 923 — Page 4 of 4 •�1 DATE: September 5, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Candyce Burnett, City Planner Mike Smith, Senior Planner SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 934 APPROVING DEVELOPMENT AGREEMENT DRC2015-00118 BETWEEN THE CITY OF RANCHO CUCAMONGAAND SC RANCHO DEVELOPMENT CORP. AND EMPIRE LAKES HOLDING COMPANY, LLC, FOR A PREVIOUSLY APPROVED MIXED USE, HIGH DENSITY DEVELOPMENT (EMPIRE LAKES/THE RESORT) IN PLANNING AREA 1 (PA1), A PROPERTY OF ABOUT 160 ACRES LOCATED NORTH OF 4TH STREET, SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY, WEST OF MILLIKEN AVENUE, AND EAST OF UTICA/CLEVELAND AVENUES, WITHIN THE EMPIRE LAKES SPECIFIC PLAN. RECOMMENDATION: Staff recommends the City Council conduct a second reading of Ordinance No. 934 by title only, entitled "An Ordinance of the City Council of the City of Rancho Cucamonga, California, approving Development Agreement DRC2015-00118 between the City of Rancho Cucamonga and SC Rancho Development Corp. and Empire Lakes Holding Company, LLC, for a previously approved mixed use, high density development (Empire Lakes/The Resort) in Planning Area 1 (PA1), a property of about 160 acres located north of 4th Street, south of the Burlington Northern Santa Fe railway, west of Milliken Avenue, and east of Utica/Cleveland Avenues, within the Empire Lakes Specific Plan." BACKGROUND: The introduction and first reading of the above -entitled ordinance was approved at a Regular City Council Meeting on July 18, 2018. Votes at first reading: AYES: Michael, Kennedy, Spagnolo, Williams. NOES: Alexander. ANALYSIS: Please refer to the July 18, 2018 City Council Meeting Staff Report. Page 108 FISCAL IMPACT: Please refer to the July 18, 2018 City Council Meeting Staff Report. COUNCIL GOAL(S) ADDRESSED: Please refer to the July 18, 2018 City Council Meeting Staff Report. ATTACHMENTS: Description Attachment 1 - Ordinance 934 with Exhibit 1 Page 109 Attachment 1 ORDINANCE NO. 934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2015-00118 BETWEEN THE CITY OF RANCHO CUCAMONGA AND SC RANCHO DEVELOPMENT CORP. AND EMPIRE LAKES HOLDING COMPANY, LLC, FOR A PREVIOUSLY APPROVED MIXED USE, HIGH DENSITY DEVELOPMENT (EMPIRE LAKES/THE RESORT) IN PLANNING AREA 1 (PA1), A PROPERTY OF ABOUT 160 ACRES LOCATED NORTH OF 4TH STREET, SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY, WEST OF MILLIKEN AVENUE, AND EAST OF UTICA/CLEVELAND AVENUES, WITHIN THE EMPIRE LAKES SPECIFIC PLAN. A. Recitals. 1. The City of Rancho Cucamonga and SC Rancho Development Corp. and Empire Lakes Holding Company, LLC filed an Application for Development Agreement DRC2015-00118 as described in the title of this ORDINANCE. Hereinafter in this Ordinance, the subject Development Agreement is referred to as "the Application." SC Rancho Development Corp. and Empire Lakes Holding Company, LLC, are the "Applicant." 2. On June 27, 2018, the Planning Commission conducted a duly noticed public hearing on the Application and adopted Resolution No. 18-17 recommending approval of the Application. 3. On July 18, 2018, the City Council conducted a duly noticed public hearing on the Application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2. Based upon the substantial evidence presented to the City Council during the above -referenced public hearing on July 18, 2018, including written and oral staff reports, together with public testimony, this City Council hereby specifically finds as follows: a. The Application was originally reviewed by the Planning Commission during a public hearing on April 11, 2018. The Planning Commission made a recommendation of approval to the City Council by adopting Resolution No. 18-17. b. As there was no reference to any requirement or provision for non- residential development, e.g. commercial retail or office use, in the construction schedule of the Empire Lakes/The Resort project (hereafter referred to as "the Project"), to remedy this, the addition of new text to the draft Agreement is proposed that will ensure there is a minimum amount of floor area dedicated to non-residential uses at the time the Joint Use Public Facility (JUPF) is constructed for the Project. Page 110 CITY COUNCIL ORDINANCE NO. 934 DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA July 18, 2018 Page 2 C. The Application applies to a property that was previously improved with the Empire Lakes Golf Course, a privately owned and operated 18 -hole golf course with an area of 160 acres. d. Development of the subject property (the "project site") is governed by the Rancho Cucamonga Industrial Area Specific Plan (IASP) Subarea 18 Specific Plan, the City's Development Code, and the City's General Plan. e. The Specific Plan, as it was originally approved in 1994, consisted of eleven (11) "Planning Areas" which are identified with Roman numerals, i.e. Planning Area IAMB through X. The project site was within "Planning Area IA", "Planning Area IB", and (partly) "Planning Area III" of the Specific Plan. Following an amendment to the Specific Plan, the project site is now in "Planning Area 1 (PA1)". f. The overall area of the Specific Plan is 347 acres. The Specific Plan is bound by 4th Street to the south, Milliken Avenue to the east, Cleveland Avenue and Utica Avenue to the west, and 8th Street and the BNSFIMetrolink rail line to the north. The project site is generally located at the center, and covers about 46%, of the Specific Plan. Both the Specific Plan and the golf course are bisected into north and south halves by 6th Street. g. To the east of the project site are multi -family residences within four (4) apartment complexes. Adjacent to the northeast corner of the project site are office buildings and the Rancho Cucamonga Metrolink station. To the west of the part of the project site located south of 6th Street is an office complex comprised of multiple tenants including Southern California Edison (SCE) and Inland Empire Health Plan (IEHP). To the west of the part of the project site located north of 6th Street are logistics/manufacturing buildings. To the north of the project site, beyond the BNSFIMetrolink rail line, are additional log isticslmanufacturing buildings. To the south, on the opposite side of 4th Street, is vacant land within the City of Ontario. h. The zoning designations surrounding the Empire Lakes Specific Plan are as follows: north - Minimum Impact/Heavy Industrial (MI/HI) District; south - Ontario Center Specific Plan (2254 -SP) (in the City of Ontario); east - General Industrial (GI) District and Industrial Park (IP) District, and Industrial Park (IP) District, (Industrial Commercial Overlay District (ICOD)); and west - General Industrial (GI) District and Industrial Park (IP) District. i. Associated with the subject Application are Applications that were approved by the City Council to amend the General Plan (related file: General Plan Amendment DRC2015-00114) on May 18, 2016, and amend the Specific Plan and Development Code (Related files: Specific Plan Amendment DRC2015-00040 and Development Code Amendment DRC2015-00115) on June 1, 2016. The purpose of those Applications is to enable SC Rancho Development Corp. and Empire Lakes Holding Company, LLC to construct a new mixed use, transit -oriented, high density development project (the "overall project") within the project site; j. Per Section 17.22.060 of the Development Code, "Development Agreements have been determined by the City Council to be beneficial to the public in that: ■ Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, Page 111 CITY COUNCIL ORDINANCE NO. 934 DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA July 18, 2018 Page 3 reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. Development Agreements provide assurance to the Applicant for a development project that upon approval of the project, the Applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. ■ Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing." The Development Agreement (Attachment A) is being made and entered into for the Project to ensure that the above three goals are fulfilled. SECTION 3. Based upon the substantial evidence presented to the City Council during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this City Council hereby finds and concludes as follows: a. The Application is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable Specific Plans. The proposed Development Agreement enables the construction of the overall project within the project site consistent with the amendments to the General Plan, Empire Lakes Specific Plan, and Development Code (General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115, respectively) and approved by the City Council in 2016. b. The Application is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice. The proposed Development Agreement will increase certainty and provide assurances for subsequent development projects within the overall project and enable the City to plan for and finance public facilities. C. The Application will not be detrimental to the health, safety, and general welfare of the City. The proposed Development Agreement does not substantially change the overall project, does not introduce new or more severe environmental impacts that were not already analyzed in the Environmental Impact Report (EIR) (SCH No. 20150410083) that was certified by the City on May 18, 2016 in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. d. The Application will not adversely affect the orderly development of property or the preservation of property values. The proposed Development Agreement will prevent the inefficient use of resources, reduce the public cost of development, and encourage comprehensive planning. Page 112 CITY COUNCIL ORDINANCE NO. 934 DEVELOPMENT AGREEMENT DRC2015-00118 -- CITY OF RANCHO CUCAMONGA July 18, 2018 Page 4 SECTION 4. Based upon the facts and information contained in the Application, together with all written and oral reports included for the environmental assessment for the Application, the City Council finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this Application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) (SCH No. 20150410083) on May 18, 2016 in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project as there have been a) no substantial changes proposed to the project that indicate new or more severe impacts on the environment; b) no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; c) no new important information shows the project will have new or more severe impacts than previously considered; and (d) no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The City Council finds, in connection with the proposed Development Agreement, that substantial changes to the project or the circumstances surrounding the overall project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The purpose of the Development Agreement is to increase certainty and provide assurances for subsequent development projects within the overall project and enable the City to plan for and finance public facilities. C. The City Council further finds that the overall project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The purpose of the Development Agreement is to increase certainty and provide assurances for subsequent development projects within the overall project and enable the City to plan for and finance public facilities. d. The City Council further finds that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the proposed Development Agreement. SECTION 5. On the basis of the foregoing, and the totality of the administrative record before it, the City Council hereby approves Development Agreement DRC2015-00118 as shown in Exhibit 1. SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective. Page 113 CITY COUNCIL ORDINANCE NO. 934 DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA July 18, 2018 Page 5 SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED this _ day of , 2018. Dennis Michael Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 16th day of May, 2018, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2018, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk Page 114 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: CITY OF RANCHO CUCAMONGA P.O. BOX 807 RANCHO CUCAMONGA, CA 91729 ATTN: CITY CLERK SPACE ABOVE THIS LINE FOR RECORDER'S USE EXEMPT FROM RECORDING FEE PER GOVERNMENT CODE SECTION 6103 DEVELOPMENT AGREEMENT NO. REGARDING THE EMPIRE LAKES SPECIFIC PLAN, RANCHO CUCAMONGA, CALIFORNIA This Development Agreement ("Agreement" or "Development Agreement") is made and entered into as of the "Effective Date" set forth herein, by and among SC Rancho Development Corp., a California corporation and Empire Lakes Holding Company, LLC, a Delaware limited liability company (each, a "Property Owner" and, collectively, "Property Owners") and the City of Rancho Cucamonga, a California municipal corporation ("City"). RECITALS 1. On May 18, 2016, the City Council of the City of Rancho Cucamonga ("Council") adopted Resolution No. 16-056, approving General Plan Amendment DRC2015-00114, which amended the 2010 General Plan of the City of Rancho Cucamonga to allow a proposed mixed use, high density residential commercial development on a site developed with the now -closed Empire Lakes Golf Course located north of Fourth Street, south of the BNSFrMetrolink rail line, west of Milliken Avenue, and east of Utica/Cleveland Avenues_ Resolution No. 16-056 and all attachments and exhibits thereto are hereby incorporated by this reference. 2. On June 1, 2016, following second reading, the Council adopted Ordinance No. 888, adopting Specific Plan Amendment DRC2015-00040, which amended the Rancho Cucamonga Industrial Area Specific Plan (IASP) Subarea 18 Specific Plan (the "Specific Plan"), to allow and set forth the design and technical standardsiguidelines for a proposed mixed use, high density residential; -'commercial development on a site currently developed with the Empire Lakes Golf Course located north of 4th Street, south of the BNSFiMetrolink rail line, west of Milliken Avenue, and east of Utica/Cleveland Avenues. Ordinance No. 888 and all attachments and exhibits thereto are hereby incorporated by this reference. 3. On June 1, 2016, following second reading, the Council adopted Ordinance No. 889, adopting Development Code Amendment DRC2015-00115, which amended the provisions of the Development Code of the City Rancho Cucamonga to allow a proposed mixed use, high density residential., -'commercial development on a site currently developed with the Empire Lakes Golf Course located north of 4th Street, south of the BNSF.,'Metrolink rail line, west of Milliken Avenue, EXHIBIT 1 Page 115 and east of Utica/Cleveland Avenues. Ordinance No. 889 and all attachments and exhibits thereto are hereby incorporated by this reference. 4. For purposes of this Agreement, the proposed mixed use, high density residential/commercial development as approved and defined by Resolution 16-056 and Ordinances 888 and 889 is referred to herein as the "Project," and Resolution 16-056 and Ordinances 888 and 889 are referred to collectively as the "Project Approvals." 5. As set forth in the Project Approvals, the Project requires the construction of a Joint Use Public Facility ("JUPF") of up to 25,000 square feet in floor area, including public parking spaces and secured parking spaces for City vehicles, to provide the City with office and programming space to address the increase in demand for public facilities to support police, library, public works and community services that will be caused by the Project. 6. California Government Code Section 65864, et seq. (the "Development Agreement Statute") authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. 7. City and Property Owners mutually desire to enter into this Development Agreement pursuant to the Development Agreement Statute and Section 17.22.060 of the Municipal Code in order to implement the Project, including but not limited to ensuring that the Property Owners donate the land required for the JUPF to the City, ensuring that the City receives timely and sufficient funds to allow the City to design, build, and furnish the JUPF, and providing a mechanism for Property Owners to be reimbursed funds they advance to City for the JUPF from certain development impact fees the City collects. 8. On 2018, City adopted its Ordinance No. (the "Ordinance"), thereby approving this Development Agreement among the City and Property Owners, which is effective as of , 2018. All of the requirements of the California Environmental Quality Act have been met with respect to the Project, Project Approvals and this Agreement, and this Agreement is consistent with the City's General Plan and the Specific Plan. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: Section 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: "Adjustment Date" shall have the meaning ascribed to it in Section 11.B. "City" means the City of Rancho Cucamonga. "Community and Recreation Center DIF" means the Community and Recreation Center Impact Fee authorized and imposed pursuant to Chapter 3.52 of the Municipal Code, as it may be amended or superseded. #177929 v3 9088.12 2 1123 1-000 112 1304 34v 10 dac Page 116 "Property Owner" means each of SC Rancho Development Corp., a California corporation and Empire Lakes Holding Company, LLC, a Delaware limited liability company. "Effective Date" shall mean the date that the Ordinance becomes effective. "Full Amount" shall have the meaning ascribed to it in Section 11.B. "Index" shall have the meaning ascribed to it in Section I I.B. "Library DIF" means the Library Impact Fee authorized and imposed pursuant to Chapter 3.56 of the Municipal Code, as it may be amended or superseded. "Municipal Code" means the Rancho Cucamonga Municipal Code, as amended from time to time. "Offset DIF" shall have the meaning ascribed to it in Section I I .C. "Ordinance" means Ordinance No. , which approved this Agreement. "Outstanding Full Amount" shall have the meaning ascribed to it in Section l I.B. "Parcel" shall have the meaning ascribed to it in Section 1 I.A. "Park Improvement DIF" means the Park Impact Fee for park improvements imposed pursuant to Chapter 3.68 of the Municipal Code, as it may be amended or superseded. "Park Land DIF" means the Park In -Lieu Fee for park land acquisition imposed pursuant to Chapter 3.68 of the Municipal Code, as it may be amended or superseded. "Police DIF" means the Police Impact Fee imposed pursuant to Chapter 3.64 of the Municipal Code, as it may be amended or superseded. "Project" means the proposed mixed use, high density residentialicommercial development as approved and defined by Resolution 16-056 and Ordinances 888 and 889. "Service Area" means that area within the City located within approximately one mile surrounding the Subject Property and more particularly identified on the map and parcel listing in Exhibit C. "Subject Property" means the real property that is the subject of the Project Approvals and as legally described in Exhibit A to this Agreement. "Term" shall have the meaning ascribed to it in Section 6 below, Section 2. Recitals. The recitals are part of this Agreement and shall be enforceable as any other provision of this Agreement. Section 3. Interest of Property Owner. Each Property Owner warrants and represents that, as of the Effective Date, it has or will have legal title to or an equitable interest in a portion of the Subject Property, as specified for each Property Owner in Exhibit A hereto; that it has full Iegal #177929v2 9088.12 3 1123 1 -000 i\12 130434v 10.doc Page 117 right to enter into this Agreement; and that the persons executing this Agreement on behalf of each Property Owner have been duly authorized to do so. Section 4. Binding Effect of Agreement. Property Owners hereby subject the Project and the Subject Property to the covenants, reservations, and restrictions as set forth in this Agreement. The City and the Property Owners hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon each Property Owner's successors and assigns in title or interest to the Subject Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Subject Property or any portion thereof shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. The City and Property Owners hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Subject Property by Property Owners and the future occupants of the Subject Property, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which this Agreement is adopted. Section 5. Relationship of Parties. It is understood that the contractual relationship between City and Property Owners is such that City and each Property Owner are each an independent party and neither is the agent or partner of the other for any purpose whatsoever and neither shall be considered to be the agent or partner of the other for any purpose whatsoever. Section 6. Term of Agreement. The initial term of this Agreement (the "Term") shall commence on the Effective Date and shall expire eight (8) years thereafter. The initial Term shall be automatically extended for an additional three (3) years if, prior to expiration of the initial Term, building permits have been issued for at least 1,000 dwelling units within the Project. If the Term has been so extended, it shall be automatically extended again for an additional three (3) years if, prior to expiration of the extended eleven -year Term, building permits have been issued for at least 1,600 dwelling units within the Project. (Reference in this Agreement to the "Term" shall mean the initial Term and as such Term may be automatically extended in accordance with this Section 6.) Section 7. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. r_ City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties to provide for the timing of development resulting in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the City's and Property Owners' intent here to cure that deficiency by acknowledging and providing that Property Owners shall have the right (without obligation), subject to the provisions of this Development Agreement, to complete the Project in such order and at such rate and at such times as Property Owners deem appropriate within the exercise of their subjective business judgment. Section 8. If a Property Owner should sell, mortgage, hypothecate, assign, or transfer (collectively "transfer" in this Section) the Subject Property or any portion thereof to any person or entity at any time during the Term of this Agreement, such transfer shall be deemed to include #177929v2 9088 12 4 11231-00011213043400.doe Page 118 an assignment of all rights, duties and obligations created by this Development Agreement with respect to all or any portion of the Subject Property so transferred. Following not less than thirty (30) days prior, written notice to the City, the written assumption by the assignee of all of the obligations of Property Owner under this Agreement pursuant to any such transfer shall relieve Property Owner, without any act or concurrence by the City, of its legal duty to perform under this Agreement except to the extent that Property Owner is in default (subject to applicable notice and cure periods) with respect to any such obligations that accrued prior to the proposed transfer. Section 9. General Rights, Standards and Restrictions Pertaining to Development of the Project. The following specific rights and restrictions shall apply to the use of the Subject Property pursuant to this Development Agreement: A. Property Owners shall have the right to develop the Project on the Subject Property in accordance with the terms and conditions of the Project Approvals and this Agreement, and City shall have the right to control development of the Subject Property in accordance with the provisions of the Project Approvals and this Agreement. B. The type, density, intensity, configuration of uses allowed, size, and Iocation of buildings and other improvements and provisions for the reservation or dedication of land for public purposes, location of public improvements, including, but not limited to landscaping, irrigation, sidewalk, and drive approaches, together with other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals and this Agreement. C. The term of all tentative subdivision maps approved with respect to the Subject Property shall be extended for not less than the Term of the Development Agreement, as permitted by Government Code Section 66452.6. D. Each tentative map prepared for portions of the Subject Property comprised of any residential subdivision shall comply with the provisions of Government Code Section 66473.7. Section 10. Effect of City Regulations on Development of Project. Except as expressly provided in this Agreement, all substantive and procedural requirements and provisions contained in City's ordinances, specific plans, rules and regulations, including, but not limited to, the Rancho Cucamonga Municipal Code and Development Code, in effect as of the Effective Date of this Development Agreement, shall apply to the construction and development of the Project and Subject Property. A. The provisions of this Section shall not preclude the application to the development of the Project and the Subject Property of those changes in City ordinances, regulations, plans, or specifications that are (i) specifically mandated and required by changes in state or federal laws or regulations as provided in California Government Code Section 65$69.5 or any successor provision or provisions, (ii) required to ensure public safety and are made applicable throughout the City, or (iii) are required to ensure access under the Americans with Disabilities Act. In the event such changes prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended or performance thereof delayed, as may be necessary to comply with such changes in the law. #f 177929 v2 9088.12 5 11231-000112130434v10.doc Page 119 B. Except as provided below, the payment of fees associated with the construction of the Project, including land use approvals, development fees, building permits, etc., shall be in the amounts in effect at the time application is made for such approvals or permits and such amounts may increase over time. However, the Community and Recreation Center DIF, Park Improvement DIF and Park Land DIF, Library DIF, Police DIF, and the public art requirements applicable to the Project pursuant to Chapter 17.124 of the Municipal Code and Ordinance No. 912 shall not increase during the Term of this Development Agreement. C. Prior to the issuance of the first building permit for the Project, Property Owners shall submit an analysis to the City documenting the traffic impact nexus of the Project's for -sale single-family detached units and condominium units relative to the "Residential Multi -Family Attached" product for the purpose of calculating development impact fee rates. This analysis shall indicate definitive parameters that would be used in making the determination of whether these units should be considered "Residential Multi -Family Attached" during the permitting phase for each development. if the City Council finds, based on its review of the aforementioned analysis, that the traffic impacts caused by single-family detached units and;`or condominium units are similar to those caused by multi -family units, then the City will use the rate for "Residential Multi - Family Attached" units in calculating the development impact fees for those for -sale single-family detached units and. -or condominium units addressed in the analysis. As to development impact fees other than Transportation, City shall rely on the previously adopted City of Rancho Cucamonga Development Impact Fee Study Report (Colgan Report) dated April 22, 2014 to make its determination as to the application of development impact fees to proposed development. D. City may apply to the Project any and all new health and safety regulations (e.g., fire, building, and seismic, plumbing, and electric codes) that become applicable to the City as a whole after the Effective Date. Section 11. Joint Use Public Facility A. Land Dedication. Property Owners will make an irrevocable offer of dedication to the City of approximately 1. 75 net acres of land for the JUPF generally located within Planning Area N-13 at the intersection of 7`h Street and a future street expected to be named the "Resort Parkway," as shown on Exhibit B to this Agreement (the "Parcel"). City shall provide no additional consideration for the Parcel beyond the promises and covenants made in this Agreement. The City shall be responsible for all operations and maintenance costs of the JUPF. The offer of dedication shall occur by separate instrument within ninety (90) days after (i) Property Owners have completed full public street improvements adjacent to the Parcel, including but not limited to all wet and dry utilities within the street stubbed to the Parcel boundary that are customary for development of the Parcel or (ii) Property Owners have obtained a building permit for the 2,000`h residential dwelling unit within the Project, whichever occurs first. Prior to the offer of dedication of the Parcel, Property Owners shall remove excess soils from the Parcel to match the grade of the adjoining public streets. City shall be solely responsible for any over -excavation and re -compaction of the soils on the Parcel. If Property Owners fail to irrevocably offer to dedicate the Parcel as of the date required by this paragraph, Property Owners shall not seek and City shall not approve any further building permits for residential units in the Project until the irrevocable offer of dedication has occurred and the offer has been accepted by # 171929 v2 9088.12 6 1123 I -000 112 13043400 due Page 120 the City Council, provided that the City shall also have available all remedies under law in connection with the Property Owners' failure to dedicate the Parcel, including specific performance. The City Council shall accept the irrevocable offer of dedication within sixty (60) days after the date the Property Owners have completed the public street improvements described above in this Section I I.A. and submitted the irrevocable offer of dedication to the City. B. Full Amount. The parties agree that the estimated cost of designing, building, and furnishing the JUPF as of the Effective Date is $11,000,000 (the "Full Amount"). Commencing on the one year anniversary of the Effective Date and each 12 months thereafter (each, an "Adjustment Date"), the Full Amount shall be adjusted based upon the percentage change in the Engineering News Record Construction Cost Index for Los Angeles County (the "Index") for the twelve-month period ending in the month preceding the Adjustment Date. The annual adjustment of the Full Amount shall cease when Property Owners have completed the required work on and abutting the Parcel described in Section 1 l.A, made the irrevocable offer of dedication of the Parcel, and paid the Outstanding Full Amount. For purposes of this Agreement, the "Outstanding Full Amount" shall mean the Full Amount, as adjusted each Adjustment Date, less (i) the amount' of "Offset DIFs" (defined below) received by the City prior to payment of the Outstanding Full Amount and (ii) interest earnings on the funds deposited in the special fund described in Section 11.0 below, if the City elects to retain such funds in an interest-carning account, Iess reasonable costs related to the administration of the account. The "Offset DIFs" means (i) the amount for Police DIFs, Library DIFs, Community and Recreation Center DIFs paid within the Project and (ii) the amount of Police DIFs, Library DIFs, and Community and Recreation Center DIFs collected within the Service Area following the Effective Date. City shall diligently pursue the collection of all Offset DIFs within the Service Area. Commencing on the one year anniversary of the Effective Date and each 12 months thereafter, City shall provide Property Owners with a written statement of the number of building permits issued within the Service Area and the type and extent of the development for which such building permits were issued. In no case will the Offset DIFs exceed the Full Amount. C. Funding. The then current Outstanding Full Amount shall be paid by Property Owners concurrent with, or prior to, the issuance of a building permit for the 2,000' residential dwelling unit within the Project. City shall deposit all payments of Offset DIFs within the Project and the payment of the Outstanding Full Amount made by Property Owners in a special fund from which disbursements may be made by the City solely for the design, construction, and furnishing of the JUPF. D. Construction Schedule. City shall commence construction of the JUPF within eighteen (18) months of Property Owners' irrevocable offer of dedication of the Parcel and full payment of the Outstanding Full Amount, provided that City has issued certificates of occupancy for, and commercial uses occupy, at least 22,500 square feet of non-residential building construction located south of 6`" Street. City's delay or failure to commence construction as of that date shall neither delay nor hinder development of the Project. E. DIF Deposit. Property Owners' payment of the Outstanding Full Amount shall constitute a deposit against payment of all Police DIFs, Library DIFs and Community and Recreation Center DIFs for the remaining residential units within the Project and the remaining non-residential building construction within the Project that would otherwise be subject to such P177929 v2 9096 12 7 1123 1-000 [\'-I 30434 v 10.doc Page 121 DIFs not to exceed a total of 3,450 residential units and 220,000 square feet of non-residential construction within the Project. At the time such deposit is exhausted, Property Owners shall be responsible for paying all DIFs for the remaining residential units and non-residential building construction or part thereof within the Project. Such deposit against payment of the Police DIFs, Library DIFs and Community and Recreation Center DIFs shall apply irrespective of the expiration or earlier termination of this Agreement. Such deposit, however, shall not be transferable for use outside the Project and shall not be available for reuse within the Project for a residential unit or non-residential construction on a parcel for which the deposit had been used previously. Section 12. Public Art. Property Owners agree to participate in the City's Public Art Program and comply with all requirements of Chapter 17.124 of the Municipal Code and Ordinance No. 912. Section 13. Recreation Facilities. A. Camp Improvements. Property Owners shall improve an approximately 1.30 -acre private park within Planning Area N-15 (the "Camp") with the development of Phase 2 u the Project (north of 6`1i Street) and not later than the issuance of building permit for the 2,000t" dwelling unit within the Project. B. Formation of Property Owners Association. Prior to issuance of the first building permit for the Project, Property Owners shall record a declaration of covenants, conditions and restrictions ("CC&Rs") for the Subject Property that forms a master property owners association (the "Association") and obligates the Association to maintain, among other things, the following improvements: (i) parkways (i.e., curb to right-of-way line); (ii) the non -vehicular portions of the roundabout (i.e. the center) areas along the public streets and roads; and (iii) the Camp in accordance with the requirements described in the following sub -section. The CC&Rs shall be in form and substance reasonably satisfactory to the City Attorney and, with respect to the above -referenced improvements, shall not be subject to amendment without the City's reasonable consent. C. Camp Maintenance. Until the Association becomes operational, Property Owners shall own the Camp and maintain the Camp in good condition and repair. Once the Association becomes operational, the Camp shall be deemed part of the Project's common area and shall be maintained by the Association. The costs of maintenance of the Camp shall be the responsibility of the Property Owners and the Association and the City shall bear no costs for such maintenance. Section 14. Annual Review. During the term of this Development Agreement, City shall annually review the extent of good faith compliance by Property Owner with the terms of this Agreement. Property Owner shall file an annual report with the City indicating information regarding compliance with the terms of this Agreement no later than January 7 for the previous calendar year, commencing January 7, 2019, Section 15. Indemnification and Legal Challenge. To the maximum extent permitted by law, each Property Owner must defend, indemnify, and hold City and its elected officials, officers, contractors serving as City officials, agents, and employees ("Indemnitees") harmless from liability for damage and/or claims for damage for personal injuries, including death, and claims 11177929 Q 9088 12 11231-000112130434v 10 doc Page 122 for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Property Owner's activities in connection with the development and/or construction of the Project, and which may arise from the direct or indirect operations of the Property Owner or those of the Property Owner's contractors, agents, tenants, employees or any other persons acting on Property Owner's behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims for damage, as described above, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. Each Property Owner shall also defend, indemnify and hold the Indemnitees harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from or related to the Property Owner's failure, or any of its contractor's failure, to pay prevailing wages pursuant to Labor Code Section 1720 et seq. in connection with construction of the Project and associated public and private improvements. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this Agreement, any of the entitlement documents pertaining to the Project including, without limitation, the City's General Plan, Zoning Ordinance, or any other supporting document relating to the Project, the applicable Property Owner must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and. --'or awarded against, the City or any of the Indemnitees in relation to such action. The City shall have the right to select counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third -party challenge or take any position adverse to the Property Owner in connection with such third -party challenge. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless otherwise ordered by the court. Absent issuance of an injunction, the Property Owner may elect to continue development under this Agreement pending completion of the litigation but it shall do so at its sole risk, and the City shall not be liable for any loss suffered as a result thereof. This Section shall survive the expiration or earlier termination of this Agreement. Section 16. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code § 65868, et seg., or successor provisions thereto. Section 17. Enforcement. In the event of a default under the provisions of this Agreement by a Property Owner, City shall give written notice to the Property Owner (or its successor) by registered or certified mail addressed at the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is served on the Property Owner, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within said thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued by Property Owner), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of the Property Owner growing out of the operation of this Development Agreement, apply to any court, state or federal, for #!177929 v2 9086 12 1123 1-0001L) 13043010.doc Page 123 injunctive relief against any violation by the Property Owner of any provision of this Agreement, or apply for such other relief as may be appropriate. Section 18. Event of Default. A Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: A. If a material warranty, representation or statement made or furnished by the Property Owner to City set forth herein or in any document incorporated by reference herein is false or proved to have been false in any material respect when it was made; B. If a finding and determination is made by City following an annual review pursuant to this Agreement, upon the basis of substantial evidence, that the Property Owner has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as provided by this Agreement; or C. A breach by the Property Owner of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in this Agreement. Section 19. No Waiver of Remedies. City does not waive any claim of defect in performance by a Property Owner if on periodic review City does not enforce this Agreement. Nonperformance by a Property Owner shall not be excused because performance by the Property Owner of the obligations herein contained would be unprofitable, difficult, or expensive, or because of a failure of any third party or entity, other than City. Subject to the provisions of Section 19, all other remedies at law or in equity which are not otherwise provided for in this Agreement are available to each party to pursue in the event that there is a breach of this Development Agreement by the other party (subject to applicable notice and cure periods). No waiver by City or a Property Owner of any breach or default under this Development Agreement by the other party shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. Section 20. City Not Liable For Damages. It is acknowledged by the parties that the City would not have entered into this Agreement if it could be held liable in damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorney's fees in accordance with this Agreement, the City shall not be liable in damages to the Property Owners, or to any assignee, transferee, or any other person, and the Property Owners covenant on behalf of itself and its successors in interest not to sue for or claim any damages: A. For any breach of this Agreement; B. For the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; C. Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement; or D. For any injury to or interference with the rights of the property owner, allegedly or actually arising out of, or incurred in connection with, the parties entering this Agreement, or their exercise of any rights under this Agreement. # 177929 Q 9088 12 10 1 123 1-000 112 1304340 0.doc Page 124 The parties hereby warrant that each enters into this Agreement with the understanding that if the City defaults on its obligations under this Agreement due to an action taken by the electorate of the City in the exercise of the reserved powers of initiative and referendum, this Agreement shall be modified or suspended to the extent required by Government Code Section 65869.5 and Property Owner's right to seek specific performance, a writ of mandate, or other mandatory relief shall be limited by such force as the action taken by the electorate may have in light of state law as determined by any court of competent jurisdiction, in which case the Property Owners' principal remedy shall lie in reformation of this Agreement Section 21. Rights of Lenders Under this Agreement. Should a Property Owner place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: A. Do any act or thing required of the Property Owner under this Agreement, or cure any default of the Property Owner under this Agreement within the time limits set forth in this Agreement, and any such act or thing done or performed by Lender or cure shall be as effective as if done by Property Owner; B. Realize on the security afforded by the encumbrance or Gen by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinafter referred to as "a trust deed"); C. Transfer, convey or assign the title of the Property Owner to the Subject Property to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and D. Acquire and succeed to the interest of the Property Owner by virtue of any foreclosure sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. Should any Lender require or request an amendment of this Agreement in respect of the rights and remedies granted to a Lender, City hereby agrees to consider such an amendment in good faith and in accordance with state and local law so long as the proposed amendment does not materially and adversely affect the rights, powers, and remedies of the City in respect of a default by the Property Owner hereunder. Section 22. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Property Owner to Lender (if known by City) simultaneously with such notice of default City gives to Property Owner and afford Lender the opportunity after receipt of service of the notice to: A. Cure the breach or default within thirty (30) days after service of said notice, where the default can be cured by the payment of money; B. Cure the breach or default within thirty (30) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or # 177929 Q 9088 12 i 1 1 1231-0001\2130434v I O.doc Page 125 C. Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within thirty (30) days after said notice, provided that acts to cure the breach or default are commenced within a thirty (30) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. Section 23. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by a Property Owner by commencing proceedings to foreclose its encumbrance or lien on the Subject Property. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by the Property Owner unless: A. They are commenced within thirty (30) days after service on Property Owner (and on Lender if Lender's address is provided by notice to the City pursuant this Agreement) of the notice described hereinabove; B. They are, after having been commenced, diligently pursued in the manner required by law to completion; and C. Lender keeps and performs all of the terms, covenants, and conditions of this Agreement requiring the payment or expenditure of money by the Property Owner until the foreclosure proceedings are complete or are discharged by redemption, satisfaction, or payment. Section 24. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto. To SC Rancho Development Corp.: To Empire Lakes Holding Company: l 156 N. Mountain Avenue Upland, California 91786 Fax: (909) 949-6700 Attention: Mr. Bryan T. Goodman 1156 N. Mountain Avenue Upland, California 91786 Fax: (909) 949-6700 Attention. Mr. Bryan T. Goodman To City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California Attention: City Manager Section 25. Attorneys' Fees. In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party 4177929 v2 9088.12 12 1 123 1-0001\2 1 304 34v 14.doc Page 126 shall be entitled to recover its costs and reasonable attorneys' fees and experts' fees incurred during the proceeding (including appeals) as may be fixed within the discretion of the court. Section 26. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. Section 27. Applicable Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Venue for any action or litigation brought for breach or to enforce any provision of this Agreement shall be the Superior Court of the County of San Bernardino, California. Section 28. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. Section 29. Recordation. The City Clerk shall record this Agreement in the Official Records of the County Recorder of the County of San Bernardino within ten (10) business days following the Effective Date. Upon the expiration of the terms of this Agreement and the request of the Property Owners, the City will execute and deliver, in recordable form, an instrument confirming that this Agreement is terminated and of no further force or effect. Section 30. Force Majeure. In the event that any party hereto shall be delayed or hindered or prevented from performance of any act required hereunder by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, riots, insurrection, terrorism, war or other reason of similar nature not the fault of the party delayed in performing the work or doing the acts required under the terms of this Agreement, then the performance of such act shall be excused for the period of the delay caused by the foregoing. Financial inability shall not be deemed an excuse for delay under this Section 30. Section 31. Integrated Agreement. This Development Agreement consists of this Agreement together with all Exhibits attached hereto, and all of the same are hereby incorporated by reference. The provisions of this Agreement shall govern over any inconsistent or conflicting provisions set forth in the Exhibits. No representation or promise, verbal or written, not expressly set forth herein shall be binding or have any force or effect_ Section 32. Time of Essence. Time is of the essence in every provision hereof in which time is a factor. Section 33. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Property Owners. The anticipated refinements to the Project may demonstrate that clarifications to this Agreement and the Project Approvals are appropriate with respect to the implementation of this Agreement and the Project Approvals. If, when, and as it becomes necessary or appropriate to take implementing actions or make such changes, adjustments or clarifications, the Parties may effectuate such actions, changes, adjustments or clarifications through an operating memorandum ("Operating Memorandum") approved by the parties in writing which references this Section 33. Such Operating Memorandum shall not require public notices and hearings or an amendment to this Agreement unless it is required by Section 16 # 177929 v2 9088.12 13 1123 I -UW I U - 130434v 10 doe Page 127 above. The City Manager shall be authorized, after consultation with and approval of Property Owners, to determine whether a requested adjustment, clarification or implementing action (i) may be effectuated pursuant to this Section 33 and is consistent with the intent and purpose of this Agreement and the Project Approvals or (ii) is of the type that would constitute an amendment to this Agreement and thus would require compliance with the provisions of Section 16 above. The authority to enter into such Operating Memorandum is hereby delegated to the City Manager and the City Manager is hereby authorized to execute any Operating Memorandum hereunder without further City Council action. [Signature Page Follows] #177939 v3 9088.13 14 1331 d100113130434v 10 doc Page 128 IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth hereinabove. CITY OF RANCHO CUCAMONGA, a Municipal Corporation Dated: ATTEST: Dennis L. Michael Mayor Janice C. Reynolds City CIerk Approved as to form: James L. Markman City Attorney 6177929 v2 9088.12 1123E -0001 \2130434v 10.doc SC RANCHO DEVELOPMENT CORP., a California corporation By: Name: Its: Authorized Agent EMPIRE LAKES HOLDING COMPANY, LLC, a Delaware limited liability company By: North Mountain Corporation, a California corporation, its Manager By: Name: Its: Authorized Agent Dated: Page 129 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On , before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is., -'are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the Iaws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature it177929 v2 9086 13 15 11231-0001..2130434v I O.doc (Seal) Page 130 A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On , before me, , (insert name and tate of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 9177929v2 9088.13 11231-OUO112130434v10.doc (Seal) Page 131 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On before me, , (insert name and tate of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hen'their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0177929v2 9088.12 A-1 11331-000112130434v10.doc (Seal) Page 132 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY A. PROPERTY OF SC RANCHO DEVELOPMENT CORP. PARCEL B OF LOT LINE ADJUSTMENT NO. LLA2017-00002 RECORDED ON JUNE 22, 2017 AS DOCUMENT NO. 2017-0256645 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF PARCEL 1 AND PARCEL 12, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BOTH OF PARCEL MAP NO. 14647, AS PER MAP FILED IN BOOK 177, PAGES 90 TEIROUGH 96 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 12, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY OF SIXTH STREET, AS SHOWN ON SAID PARCEL MAP; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89 31'48" EAST 609.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89' 31'48" EAST 607.85 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY SOUTH 0.05'22" EAST 384.51 FEET AND ALONG THE EASTERLY LINE OF SAID PARCEL I THE FOLLOWING EIGHT (8) COURSES: SOUTH 5=20'33" WEST 599.94 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 250.00 FEET; SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 29=36'46", AN ARC LENGTH OF 129.21 FEET; SOUTH 34`57'19" WEST 893.24 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 180.00 FEET; SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 39 30'42", AN ARC LENGTH OF 124.13 FEET; SOUTH 74'28'00" WEST 207.22 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3244'26", AN ARC LENGTH OF 142.86 FEET; SOUTH 41 43'34" WEST 449.75 FEET; SOUTH 037'21" WEST 154.21 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF FOURTH STREET, AS SHOWN ON SAID PARCEL MAP; THENCE, ALONG SAID NORTHERLY RIGHT-OF-WAY, NORTH 89"22'39" WEST 40.84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 339.00 FEET; #177929v2 9088 12 A-2 11231-00011-)130434v l0 doe Page 133 THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4' 01'11", AN ARC LENGTH OF 23.78 FEET; THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY NORTH 0`37'21" EAST 360.30 FEET; THENCE SOUTH 89'53'31" WEST 372.27 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN RESOLUTION NO. 94-225 RECORDED FEBRUARY 28, 1995 AS INSTRUMENT NO. 1995-0060621 OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 0"06'32" WEST 738.67 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89°45'13" EAST 342.95 FEET; THENCE SOUTH 49=10'44" EAST 275.70 FEET; THENCE NORTH 40'49'16" EAST 694.51 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 40`21'04", AN ARC LENGTH OF 422.55 FEET; THENCE NORTH 0:-28'12" EAST 695.14 FEET TO THE TRUE POINT OF BEGINNING. N 177929 Q 9088 12 A-5 11231-0001 L 130434 v I O.doc Page 134 B. PROPERTY OF EMPIRE LAKES HOLDING COMPANY 16TLI lk <ejc! wilq PARCEL 13 OF PARCEL MAP NO. 14647, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 177, PAGES 90 THROUGH 96, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED OCTOBER 25, 1995 AS INSTRUMENT NO. 95-369354 OF OFFICIAL RECORDS. 1011,4181:1 013 PARCEL A OF LOT LINE ADJUSTMENT NO. LLA2017-00002 RECORDED ON JUNE 22, 2017 AS DOCUMENT NO. 2017-0256645 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF PARCEL 1 AND PARCEL 12, BOTH OF PARCEL MAP NO. 14647, AS PER MAP FILED IN BOOK 177, PAGES 90 THROUGH 96 OF PARCEL MAPS, AND ALL OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 400, RECORDED SEPTEMBER 18, 1997, AS INSTRUMENT NO. 97-0344260, ALL IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL "B". SAID POINT ALSO BEING THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 24.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 89053'28" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90=3444", AN ARC LENGTH OF 37.94 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL "B", SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY OF SIXTH STREET, AS SHOWN ON SAID MAP; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89`3148" EAST 303.28 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 406.25 FEET; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6°21-35", AN ARC LENGTH OF 45.09 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 406.25 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 6=4947" EAST; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6'21-35", AN ARC LENGTH OF 45.09 FEET; THENCE, CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89'31'48" EAST 132.55 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL -'B' THENCE NORTH 0006'32" WEST 5.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 12; THENCE, CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89.31-48" EAST 609.96 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 0002812" WEST 695.14 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 40°21-04", AN ARC LENGTH OF 422.55 FEET; THENCE SOUTH 40"49'16" WEST 694.51 FEET; # 177929 v2 9088 12 A-4 11231-000112150434v10 Joc Page 135 THENCE NORTH 49" 10'44" WEST 275.70 FEET; THENCE SOUTH 89=45'13" WEST 342.95 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN RESOLUTION NO. 94-225 RECORDED FEBRUARY 28, 1995 AS INSTRUMENT NO. 1995-0060621 OFFICIAL RECORDS; THENCE NORTH 0006'32" WEST, ALONG SAID EASTERLY LINE, 1414.52 FEET, TO THE POINT OF BEGINNING. PARCEL C: PARCEL C OF LOT LINE ADJUSTMENT NO. LLA2017-00002 RECORDED ON JUNE 22, 2017 AS DOCUMENT NO. 2017-0256645 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 14647, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 177, PAGES 90 THROUGH 96 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1, SAID POINT BEING ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN RESOLUTION NO, 94-225 RECORDED FEBRUARY 28, 1995 AS INSTRUMENT NO. 1995-0060621 OFFICIAL RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL 1. NORTH 0'06'32" WEST 328.42 FEET; THENCE, LEAVING SAID WEST LINE, NORTH 89°53'31" EAST 372.27 FEET; THENCE SOUTH 0=37'21" WEST 360.30 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 339.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 4"38'32" WEST, SAID BEGINNING ALSO BEING A POINT ON THE NORTHERLY RIGHT- OF-WAY OF FOURTH STREET, AS SHOWN ON SAID PARCEL MAP; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3-36'31", AN ARC LENGTH OF 21.35 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 339.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 8015'02" EAST; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 7'37'41", AN ARC LENGTH OF 45.13 FEET; THENCE NORTH 89"22'39" WEST 281.79 FEET; THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY, NORTH 41°41'31" WEST 29.75 FEET TO THE POINT OF BEGINNING; SAID LAND IS ALSO SHOWN AS PARCEL C, PURSUANT TO LOT LINE ADJUSTMENT NO. LLA2017- 00002 RECORDED ON JUNE 22, 2017 AS DOCUMENT NO. 2017-0256645 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. X1177929 v2 9088 12 A-3 11231.0001 L 130434v 10.doc Page 136 Amill-Jud-1.1 LOCATION OF DEDICATED LAND rl t—w r C-1 ED -S, P= =I =�ama uh YY -c^,T 0 Elm S wra LEWIS COOP CONCEPTUAL SITE PLAN (11.22.17) The Resort Lewh Group of Companim #177929v2 9088.1? 11231-000113I30434vI0,doc B-1 Page 137 EXHIBIT C SERVICE AREA PARCEL LISTING AND MAP Zone 1— Subject 0208-052-32 0208-053-26 Property 0208-052-33 0208-053-27 0209-272-20 0208-052-34 0208-053-28 0210-082-91 0208-052-35 0208-053-29 0210-082-92 0208-052-36 0208-053-30 0210-082-93 0208-052-37 0208-053-31 0208-052-38 0208-053-32 Zone 2 — Service Area 0208-052-39 0208-053-33 208-052-01 0208-052-40 0208-062-01 0208-052-02 0208-052-41 0208-062-02 0208-052-03 0208-052-42 0208-062-03 0208-052-04 0208-052-43 0208-062-04 0208-052-05 0208-052-73 0208-062-05 0208-052-06 0208-053-01 0208-062-06 0208-052-07 0208-053-02 0208-062-07 0208-052-08 0208-053-03 0208-062-08 0208-052-09 0208-053-04 0208-062-09 0208-052-10 0208-053-05 0208-062-10 0208-052-11 0208-053-06 0208-062-11 0208-052-12 0208-053-07 0208-062-12 0208-052-13 0208-053-08 0208-062-13 0208-052-14 0208-053-09 0208-062-14 0208-052-15 0208-053-10 0208-062-15 0208-052-16 0208-053-11 0208-062-16 0208-052-17 0208-053-12 0208-212-01 0208-052-18 0208-053-13 0208-212-02 0208-052-19 0208-053-14 0208-212-03 0208-052-20 0208-053-15 0208-212-04 0208-052-21 0208-053-16 0208-212-05 0208-052-22 0208-053-17 0208-212-06 0208-052-23 0208-053-18 0208-212-07 0208-052-24 0208-053-19 0208-212-08 0208-052-25 0208-053-20 0208-212-09 0208-052-26 0208-053-21 0208-212-10 0208-052-27 0208-053-22 0208-212-11 0208-052-28 0208-053-23 0208-212-12 0208-052-29 0208-053-24 0208-212-13 0208-052-30 0208-053-25 0208-212-14 0208-052-31 #177929 v3 9088.13 11231.0001l2130434v10 doc C-1 Page 138 0208-212-15 0208-212-58 0208-213-33 0208-212-16 0208-212-59 0208-213-34 0208-212-17 0208-212-60 0208-213-35 0208-212-18 0208-212-61 0208-213-36 0208-212-19 0208-212-62 0208-213-37 0208-212-20 0208-212-63 0208-213-38 0208-212-21 0208-212-64 0208-213-39 0208-212-22 0208-212-65 0208-213-40 0208-212-23 0208-212-66 0208-213-41 0208-212-24 0208-212-67 0208-213-42 0208-212-25 0208-212-68 0208-213-43 0208-212-26 0208-213-01 0208-213-44 0208-212-27 0208-213-02 0208-213-45 0208-212-28 0208-213-03 0208-213-46 0208-212-29 0208-213-04 0208-213-47 0208-212-30 0208-213-05 0208-213-48 0208-212-31 0208-213-06 0208-213-49 0208-212-32 0208-213-07 0208-213-50 0208-212-33 0208-213-08 0208-213-51 0208-212-34 0208-213-09 0208-213-52 0208-212-35 0208-213-10 0208-213-53 0208-212-36 0208-213-11 0208-213-54 0208-212-37 0208-213-12 0208-213-55 0208-212-38 0208-213-13 0208-213-56 0208-212-39 0208-213-14 0208-213-57 0208-212-40 0208-213-15 0208-213-58 0208-212-41 0208-213-16 0208-213-59 0208-212-42 0208-213-17 0208-213-60 0208-212-43 0208-213-18 0208-213-61 0208-212-44 0208-213-19 0208-213-62 0208-212-45 0208-213-20 0208-213-63 0208-212-46 0208-213-21 0208-213-64 0208-212-47 0208-213-22 0208-213-65 0208-212-48 0208-213-23 0208-213-66 0208-212-49 0208-213-24 0208-213-67 0208-212-50 0208-213-25 0208-213-68 0208-212-51 0208-213-26 0208-213-69 0208-212-52 0208-213-27 0208-213-70 0208-212-53 0208-213-28 0208-213-71 0208-212-54 0208-213-29 0208-213-72 0208-212-55 0208-213-30 0208-213-73 0208-212-56 0208-213-31 0208-213-74 0208-212-57 0208-213-32 0208-213-75 4177929v2 9088.12 1123 1-0001 L 130434 10 doc C-2 Page 139 0208-213-76 0208-214-37 0208-214-80 0208-213-77 0208-214-38 0208-214-81 0208-213-78 0208-214-39 0208-214-82 0208-213-79 0208-214-40 0208-215-01 0208-213-80 0208-214-41 0208-215-02 0208-213-81 0208-214-42 0208-215-03 0208-213-82 0208-214-43 0208-215-04 0208-214-01 0208-214-44 0208-215-05 0208-214-02 0208-214-45 0208-215-06 0208-214-03 0208-214-46 0208-215-07 0208-214-04 0208-214-47 0208-215-08 0208-214-05 0208-214-48 0208-215-09 0208-214-06 0208-214-49 0208-215-10 0208-214-07 0208-214-50 0208-215-11 0208-214-08 0208-214-51 0208-215-12 0208-214-09 0208-214-52 0208-215-13 0208-214-10 0208-214-53 0208-215-14 0208-214-11 0208-214-54 0208-215-15 0208-214-12 0208-214-55 0208-215-16 0208-214-13 0208-214-56 0208-215-17 0208-214-14 0208-214-57 0208-215-18 0208-214-15 0208-214-58 0208-215-19 0208-214-16 0208-214-59 0208-215-20 0208-214-17 0208-214-60 0208-215-21 0208-214-18 0208-214-61 0208-215-22 0208-214-19 0208-214-62 0208-215-23 0208-214-20 0208-214-63 0208-215-24 0208-214-21 0208-214-64 0208-215-25 0208-21422 0208-214-65 0208-215-26 0208-214-23 0208-214-66 0208-215-27 0208-214-24 0208-214-67 0208-215-28 0208-214-25 0208-214-68 0208-215-29 0208-214-26 0208-214-69 0208-215-30 0208-214-27 0208-214-70 0208-215-31 0208-214-28 0208-214-71 0208-215-32 0208-214-29 0208-214-72 0208-215-33 0208-214-30 0208-214-73 0208-215-34 0208-214-31 0208-214-74 0208-215-35 0208-214-32 0208-214-75 0208-215-36 0208-214-33 0208-214-76 0208-215-37 0208-214-34 0208-214-77 0208-215-38 0208-214-35 0208-214-78 0208-215-39 0208-214-36 0208-214-79 0208-215-40 0177929 v2 9088 12 11231-0001\2 130434v l0.doc C-3 Page 140 0208-215-41 0208-216-04 0208-216-47 0208-215-42 0208-216-05 0208-216-48 0208-215-43 0208-216-06 0208-216-49 0208-215-44 0208-216-07 0208-216-50 0208-215-45 0208-216-08 0208-216-51 0208-215-46 0208-216-09 0208-216-52 0208-215-47 0208-216-10 0208-216-53 0208-215-48 0208-216-11 0208-216-54 0208-215-49 0208-216-12 0208-216-55 0208-215-50 0208-216-13 0208-216-56 0208-215-51 0208-216-14 0208-216-57 0208-215-52 0208-216-15 0208-216-58 0208-215-53 0208-216-16 0208-216-59 0208-215-54 0208-216-17 0208-216-60 0208-215-55 0208-216-18 0208-216-61 0208-215-56 0208-216-19 0208-216-62 0208-215-57 0208-216-20 0208-216-63 0208-215-58 0208-216-21 0208-216-64 0208-215-59 0208-216-22 0208-216-65 0208-215-60 0208-216-23 0208-216-66 0208-215-61 0208-216-24 0208-216-67 0208-215-62 0208-216-25 0208-216-68 0208-215-63 0208-216-26 0208-216-69 0208-215-64 0208-216-27 0208-216-70 0208-215-65 0208-216-28 0208-216-71 0208-215-66 0208-216-29 0208-216-72 0208-215-67 0208-216-30 0208-216-73 0208-215-68 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Gillison, City Manager INITIATED BY: Candyce Burnett, City Planner Tom Grahn, Associate Planner SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 937 APPROVING ZONING MAP AMENDMENT DRC2015-00684 - ARCHIBALD OIL - A REQUEST TO AMEND THE ZONING MAP LAND USE DISTRICT FROM THE LOW MEDIUM (LM) RESIDENTIAL DISTRICT TO THE GENERAL COMMERCIAL (GC) DISTRICT FOR A 1.22 -ACRE SITE LOCATED AT THE NORTHEAST CORNER OF ARCHIBALD AVENUE AND ARROW ROUTE; APNS: 0208-291-05 AND 0208-291-06. RELATED FILES: GENERAL PLAN AMENDMENT DRC2015-00683, DESIGN REVIEW DRC2015-00682, CONDITIONAL USE PERMIT DRC2015-00681, VARIANCE DRC2016-00831, AND MINOR EXCEPTION DRC2017-00879. RECOMMENDATION: Staff recommends the City Council approve the second reading of Ordinance No. 937, by title only, entitled "An Ordinance of the City Council of the City of Rancho Cucamonga, California, approving Zoning Map Amendment No. DRC2015-00684, a request to amend the Zoning Map land use district from the Low Medium (LM) Residential District to the General Commercial (GC) District for a 1.22 acre site located at the northeast corner of Archibald Avenue and Arrow Route, and making findings in support thereof - APNs: 0208-291-05 and 0208-291-06". BACKGROUND: The introduction and first reading of the above -entitled Ordinance was approved at a regular City Council meeting on August 15, 2018. Votes at first reading: AYES: Michael, Alexander, Kennedy, Spagnolo, Williams. ANALYSIS: Please refer to the August 15, 2018 City Council meeting staff report. FISCAL IMPACT: Please refer to the August 15, 2018 City Council meeting staff report. COUNCIL GOAL(S) ADDRESSED: Please refer to the August 15, 2018 City Council meeting staff report. Page 163 ATTACHMENTS: Description Attachment 1 - Draft Ordinance No. 937 Page 164 ATTACHMENT 1 ORDINANCE NO. 937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ZONING MAP AMENDMENT NO. DRC2015-00684, A REQUEST TO AMEND THE ZONING MAP LAND USE DISTRICT FROM THE LOW MEDIUM (LM) RESIDENTIAL DISTRICT TO THE GENERAL COMMERCIAL (GC) DISTRICT FOR A 1.22 ACRE SITE LOCATED AT THE NORTHEAST CORNER OF ARCHIBALD AVENUE AND ARROW ROUTE, AND MAKING FINDINGS IN SUPPORT THEREOF — APNS: 0208-291-05 AND 0208-291-06. A. Recitals. 1. Archibald Oil filed an application for Zoning Map Amendment No. DRC2015-00684, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Zoning Map Amendment is referred to as "the application." 2. On June 13, 2018, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued the application to the June 27, 2018 Planning Commission meeting. 3. On June 27, 2018, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued the application to the July 11, 2018 Planning Commission meeting 4. On July 11, 2018, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2015-00684 and issued Resolution No. 18-37 recommending to the City Council that the associated General Plan Amendment No. DRC2015-00683 be approved. 5. On August 15, 2018, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council during the above - referenced public hearing on August 15, 2018, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to two parcels consisting of approximately 1.22 acres of land, basically a rectangular configuration, located at the northeast corner of Archibald Avenue and Arrow Route and the westerly parcel is presently improved with an inoperative service station Page 165 CITY COUNCIL ORDINANCE NO. 937 ZMA DRC2015-00684 — ARCHIBALD OIL August 15, 2018 Page 2 and the easterly parcel is vacant. Said property is currently designated as Low Medium Residential; and b. The property to the north of the subject site is designated Low Medium Residential and is improved with the Mulberry Early Education Center. To the west is Archibald Avenue and beyond that the property is designated Office and is vacant. The property to the east is designated Low Medium Residential and contains a single-family house. To the south is Arrow Route and beyond that the property is designated General Commercial and is improved with a commercial center; and C. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and d. This amendment does promote the goals and objectives of the Land Use Element; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. 3. Based upon the substantial evidence presented to this Council during the above - referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. That the subject property is suitable forthe uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area the project site is currently developed as a service station land use, although it has been inactive since 2002. The project site is suitable for a service station land use, provides appropriate site access, has all utility services available, and can be conditioned to meet all related performance criteria and development standards for a service station and carwash facility. The vacant easterly parcel provides sufficient area for the development of a commercial land use consistent with all applicable development standards; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties; the project site has been previously disturbed (development of the service station use) and by the surrounding residential, commercial, industrial, and educational development, and the project has been designed to appropriately address all applicable development standards; and C. That the proposed amendment is in conformance with the General Plan as the proposed General Plan Amendment is consistent with General Plan policies LU -1.2 and LU -2.4. Policy LU -1.2 states "Designate appropriate land uses to serve the local needs and be able to respond to regional market needs, as appropriate." The reestablishment of the existing service station and development of the carwash land use will serve the local population's fuel and carwash needs, and will support the surrounding community's needs as both Archibald Avenue and Arrow Route are identified as Major Arterials (General Plan Figure CM -2) with a significant daily traffic volume. Policy LU -2.4 states "Promote complementary infill development, rehabilitation, and re- use that contribute positively to the surrounding residential neighborhood areas." The rehabilitation and reuse of this service station facility and the eventual infill development of the Page 166 CITY COUNCIL ORDINANCE NO. 937 ZMA DRC2015-00684 — ARCHIBALD OIL August 15, 2018 Page 3 vacant easterly parcel will contribute positively to the surrounding residential area by permitting significant site plan and aesthetic improvements to an underutilized project site; and d. This amendment is consistent with the adopted general plan, including the housing element. The amendment will not affect the housing elements overarching goal to provide opportunities and incentives for the provision of a variety of housing types and for all economic segments wishing to reside in the community regardless of race, religion, sex, or income group. This amendment maintains the housing element goal of providing adequate housing sites to allow and create new opportunities that enable a broad range of housing types; and e. The remaining sites identified in the housing element are adequate to meet the requirements of California Government Code Section 65583.2 and to accommodate the City's share of the regional housing need pursuant to Section 65584. The City's regional housing need includes a requirement for 209 Very Low -Income housing units, 141 Low -Income housing units, 158 Moderate -Income housing units, and 340 Above Moderate -Income housing units for a total of 848 housing units. Pursuant to the housing element, the City has a capacity of 1,054 Very Low -Income and Low -Income housing units, and 4,812 Moderate -Income and Above Moderate - Income housing units; and f. With the adoption of this General Plan Amendment and Zoning Map Amendment, the City's housing capacity will be reduced by 3 Moderate -Income and Above Moderate -Income housing units. Accordingly, the remaining capacity of sites identified in the housing element at each income level will be as follows: 1,025 Very Low -Income and Low -Income housing units, and 3,529 Moderate -Income and Above Moderate -Income housing units. The City's remaining unmet housing need at each income level will be as follows: 191 Very Low - Income housing units, 130 Low -Income housing units, 127 Moderate -Income units, and 0 Above Moderate -Income housing units. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration; and b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Page 167 CITY COUNCIL ORDINANCE NO. 937 ZMA DRC2015-00684 — ARCHIBALD OIL August 15, 2018 Page 4 Council. Based on these findings, the City Council adopts the Mitigated Negative Declaration; and C. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council adopts the Mitigation Monitoring Program for the project; and d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby recommends approval of Zoning Map Amendment No. DRC2015-00684, as depicted in Attachment A, attached hereto. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Ordinance, and (b) forthwith transmit a certified copy of this Ordinance, by certified mail, return -receipt requested, Archibald Oil, LLC, at the address identified in City records. Page 168 CITY COUNCIL ORDINANCE NO. 937 ZMA DRC2015-00684 — ARCHIBALD OIL August 15, 2018 Page 5 MMEMMEMM Nil 101111111 II■ �� �,� �� � � : �■������■1111111 Illi �� �� ��111111- �■■■ � ■■ � _11111_ Arr®w Rte J, a Page 169 •�1 DATE: September 5, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Candyce Burnett, City Planner Jennifer Nakamura, Associate Planner SUBJECT: CONSIDERATION TO CONDUCT FIRST READING AND INTRODUCE AN ORDINANCE AMENDING TITLE 17 OF THE MUNICIPAL CODE TO REVISE REQUIREMENTS AND STANDARDS FOR THE DEVELOPMENT OF ACCESSORY DWELLING UNITS, ALSO REFERRED TO AS SECOND DWELLING UNITS CONSISTENT WITH STATE LAW. THIS ITEM IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND THE CITY'S CEQA GUIDELINES UNDER CEQA SECTION 15282(H). RECOMMENDATION: The Planning Commission recommends the City Council conduct a first reading of an Ordinance, entitled "An Ordinance of the City of Rancho Cucamonga, Amending the Rancho Cucamonga Municipal Code Amending Requirements and Standards for the Development of Accessory Dwelling Units Consistent with State Law, and Making Findings in Support Thereof' by title only. BACKGROUND: Rancho Cucamonga has permitted second dwelling units since the State first adopted regulations in 1982. Over the years, these regulations have been amended as needed to be consistent with State law. In 2016, the State legislature passed three bills related to Accessory Dwelling Units (ADUs): Senate Bill (SB) 1069, Assembly Bill (AB) 2299 and AB 2406. The legislation clarified that second units would be referred to from this point forward as ADUs and effectively nullified the City's existing Second Dwelling Unit chapter of the Development Code (17.100). The goal of the legislature with these bills was to reduce barriers to the development of ADUs, and streamline approval to better accommodate the development of ADUs across the state. The legislature found and declared that allowing ADUs in single family and multi- family zones are an essential component in addressing housing needs in California. ADUs can provide affordable housing options for family members, friends, students, the elderly, in-home health care providers and the disabled, among others. The legislation did permit a certain amount of discretion if local regulations are adopted, provided they do not unreasonably restrict the development of ADUs. Cities have the option to adopt local regulations to implement the new legislation or default to State law for the regulation of ADUs. Staff has developed a new chapter that revises the development standards for ADUs, consistent with State law. Page 170 On August 8, 2018 this item was presented to the Planning Commission for consideration and recommendation. The Commission acknowledged the need to update our local regulations, as State law regulating the development of ADUs is extremely broad. They appreciated that we are able to maintain some development standards and recommended moving the ordinance forward to Council for final action. A copy of the minutes of the Planning Commission meeting are included as Attachment 1. ANALYSIS: After studying this issue in depth, staff is recommending that the City's existing second unit ordinance be repealed and that a new ordinance regulating ADUs be adopted in accordance with State law. The chart below summarizes the key provisions of State law and how they are addressed in the proposed ordinance: State Law City's ADU Ordinance ADU applications will be approved or denied within 120 days after a complete application is received. Requirement included in Section 17.100.030 One ADU must be permitted per lot in all single- family zones or any lots containing an existing Addressed in Development Standards, single-family home. Section 17.100.040 The property owner is allowed to rent the ADUs, but it cannot be sold separate from the primary dwelling unit. Attached ADUs may be sized up to 50 percent of the living area of the existing primary dwelling unit, with a maximum increase in floor area of 1,200 square feet. Detached ADU's shall not exceed 1,200 square feet Existing garages that are converted to ADUs are not required to meet typical setback requirements If an ADU is constructed above an existing detached garage, cities cannot require a setback of more than five feet from the ADU to the side and rear property lines. Cities cannot require more than one parking space perADU. Cities must allow off-street parking requirements to be met through tandem parking, within required setback areas, covered parking or extended driveways. Cities must waive parking requirements for ADUs that are: a) within a half mile from public transit Addressed in Ownership and Occupancy Requirements, Section 17.100.070 Minimum and Maximum sizes for attached ADU's is included in Development Standards (Size), Section 17.100.040, Table 17.100.104-1 Minimum and Maximum sizes for detached ADU's is included in Development Standards (Size), Section 17.100.040, Table 17.100.104-1 Addressed in Development Standards (Setbacks), Section 17.100.040.K Not addressed, as detached ADU's within the rear yard setback are limited to a height of 16 feet to reduce impacts to adjacent properties. State law permits cities to implement development standards such as height limits. Construction of an ADU above a existing detached garage will exceed the height requirement. Proposed ordinance requires the maximum (one) parking space perADU be provided. Addressed in Development Standards (Parking), Section 17.100.040.E Addressed in Development Standards (Parking), Section 17.100.040.E and Design Standards, Section 17.100.050.E Page 171 b) within an architecturally and historically significant historic district c) part of an existing primary residence or an existing accessory structure d) in an area where on -street parking permits are required but not offered to ADUs e) located within one block of a car share area Fire sprinklers can only be required forADUs if they would be required for the primary dwelling unit. Local agencies may not collect water and sewer connection fees for ADUs that do not add habitable floor space. Local agencies must structure fees for ADUs so that they are proportional to the impacts on service demand. Addressed in Development Standards (Parking), Section 17.100.040.E Addressed in Development Standards (Fire Sprinklers), Section 17.100.040.E Not addressed, as water and sewer connection fees are not charged by the City. Currently, impact fees are charged for ADU's at the lower multi -family rate to reflect a reduced service demand. As listed above, the new State law includes specific provisions that cities must address. However, the legislation also gives cities some discretion to establish development standards such as parking, height, lot coverage, lot size and maximum unit size in adopting their respective ADU Ordinance. Further, State law permits local governments the ability to establish an owner occupancy requirement and provisions to prohibit short term (less than 30 days) rental. The following includes an analysis of the provisions that the City has discretion to regulate as part of its ADU Ordinance along with staff's recommendations for implementation of these regulations. Ownership and Occupancy Requirements: State law gives cities the discretion whether to require the property owner to live in either the primary dwelling unit or the ADU. Not requiring owner -occupancy could create a market for investors to acquire residential properties and develop ADUs to maximize rental income. As a result, the City could experience a surge in absentee property owners with little to no oversight of their properties. To prevent absentee property owners from taking advantage of this new law, staff recommends requiring owner -occupancy for all properties where a newADU is proposed. State law does permit ADUs to be rented. It does, however, allow cities to prohibit an ADU to be used as a short-term rental (terms less than 30 days). The intent of the state was to broaden avenues to create additional housing to address current home supply and affordability issues. ADUs also provide an alternative to market rate or subsidized housing that may provide additional units for low- to moderate - income households. To promote those goals, staff recommends requiring rental occupancy for more than 30 consecutive days. To ensure that these requirements will be met in perpetuity, staff recommends a covenant be placed on the property prior to the issuance of building permits to ensure that the proposed ownership and occupancy requirements are met. To assist residents in meeting this requirement, the City Attorney's office has prepared a draft covenant that can be completed and recorded in the office of the County Recorder. A copy of the covenant has been included in the ordinance. Staff recommends that Council, through the adoption of the ordinance, appoint the City Manager to execute the covenant and authorize any changes as needed. Parking: For those ADUs that are outside the State -established parking exempt criteria, staff recommends requiring one off street parking space perADU to minimize parking impacts to surrounding neighborhoods. State law allows cities to require replacement parking for the existing residence when the property owner converts the garage to an ADU. The replacement parking may be covered, uncovered and/or in tandem on the property. Property owners will still be subject to maximum front yard hardscape maximum of 50% per Page 172 Section 17.56.070. Maximum Height: State law allows cities to determine the maximum structural height of ADUs. Staff recommends that the maximum height of a detached ADU not exceed 16 feet if it is within the rear yard setback to minimize impacts to adjacent properties. This is the current permitted maximum height for accessory structures and second dwelling units. For detached ADUs outside of the rear yard setback and attached ADUs, staff recommends that the maximum height of an attached ADU not exceed the height of the main dwelling unit to preventADUs from being out of scale with the main dwelling unit. Maximum ADU Size: State law gives cities the discretion to set the minimum and maximum size of new ADUs so long as the established unit sizes do not burden the development of ADUs. Staff recommends that new ADUs be limited in size based on maximums outlined in State law as shown in the table below. ADUs are required to conform to the lot coverage requirements for the zoning district in which it is proposed, which may affect the final size of an ADU on a given lot. Accessory Dwelling Unit Type Minimum Size Maximum Size Attached 220 sq. ft. 50% of main dwelling unit or 1,200 sq. ft. Detached 350 sq. ft. 1,200 sq. ft. Setbacks: Notwithstanding the setback requirements established by State law, cities have the discretion to determine the minimum structural setbacks of new ADUs. Staff recommends that ADUs comply with the existing setbacks of the previous Second Dwelling Unit Ordinance. When the ADU is located within the rear yard setback area, a minimum 5 -foot rear and side yard setback is required. When the ADU is located outside of the rear yard setback area, the ADU is required to maintain the same setbacks as the primary structure. Design and Neighborhood Compatibilit. State law allows municipalities discretion to ensure that new ADUs are compatible with the main dwelling unit and surrounding neighborhood. Staff recommends several design standards to ensure that new ADUs are architecturally compatible to the main dwelling unit, including the use of similar colors, textures and materials. Code Comparison: Below is a table which compares the key development provisions of the existing ordinance to the proposed ordinance. The most significant differences to the ordinance are the minimum lot size (decrease), maximum unit size (increase) and parking requirements (decrease). Staff expects that these changes will increase the number of ADUs constructed within the City, including attached units, detached units and garage conversions. Minimum Lot Size Maximum Size -Attached Maximum Size - Detached Bedrooms Parking Garage Conversion Current SDU Ordinance 10,000 S F 30% of the existing square footage 640 S.F. (Lot size less than 20,000 S.F) 950 S.F. (Lot size over 20, 000 S.F.) Maximum 2 One off street covered space Permitted, if garage replaced elsewhere on site New ADU Ordinance 5,000 SF 50% of the existing square footage or 1,200 S.F. 1,200 S.F. Maximum 2 One off street space Permitted, off street replacement parking required Page 173 Lot Coverage Rental Owner/Occupant Requirement Maximum Height - Detached Maximum Height - Attached Setbacks Design Approval Process Applies to SDU Not Prohibited No 16 feet within rear yard setback, up to height of primary structure outside of rear yard setback Cannot exceed the height of the primary dwelling 5 feet in rear yard setback. Outside of the rear yard setback, use setbacks for zoning district SDU to Match house Plan Check Applies to AD Permitted only if over 30 consecutive days Yes 16 feet within rear yard setback, up to height of primary structure outside of rear yard setback Cannot exceed the height of the primary dwelling 5 feet in rear yard setback. Outside of the rear yard setback, use setbacks for zoning district ADU to Match house Plan Check Environmental Assessment: The Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15282(h) of CEQA which establishes a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multi -family residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code pertaining to AD Us. The proposed code amendment is consistent with this exemption. Facts for Finding: Per Section 17.22.040 of the Development Code, amendments to the code may be approved only when the City Council finds that the Development Code amendment is consistent with the General Plan goals, policies, and implementation programs. General Plan Housing Goal HE -1 promotes the creation of new opportunities that enable a broad range of housing types, maintain a balances supply of ownership and rental units, and provide sufficient numbers of dwelling units to accommodate expected new household formations. The development of accessory dwelling units provides an opportunity for additional development of low- and moderate -income housing. General Plan Land Use Goal LU -1.1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. The standards proposed are designed to minimize impacts to surrounding and existing residential neighborhoods while ensuring compliance with State law. FISCAL IMPACT: The residential properties within the City are currently assessed an annual property tax. A percentage of this annual tax is shared with the City. The development of accessory dwelling units will increase the value of the property on which it is constructed, and the City's annual share of the property tax will increase accordingly. Accessory dwelling units will be subject to one-time impact fees. These fees are intended to address the increased demand for City services due to the increase in housing. The following types of services that these impact fees would support include the following: library services, transportation infrastructure, drainage infrastructure, animal services, police, parks, and community and recreation services. COUNCIL GOAL(S) ADDRESSED: Page 174 The development of a local ordinance for the regulation of Accessory Dwelling Units enhances our Premier Community Status by permitting ADUs to broaden housing options within the City as required by state law while enacting development standards that maintain neighborhood character and compatibility. ATTACHMENTS: Description Attachment 1 - Planning Commission Minutes, August 8, 2018 Attachment 2 - Planning Commission Resolution 18-52 Attachment 3 - Ordinance Page 175 AUGUST 8, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Commissioner Munoz said this area was planned as the Low Residential District. He said there are not that many homes, they have large lots, the Trails Advisory Committee recommended approval, there is a Variance for walls and that is typical with being close to the 210 Freeway. He noted there was a Neighborhood meeting and no one attended. He said the DRC met and approved proposed subdivision as well as the TRC. He said the tribes were contacted and they did not respond. He said the Environmental documents seem to cover it. He said no agencies had a problem. He noted it is just a map with walls. Commissioner Guglielmo said there were many comments from the community. He said he -appreciates their thoughts. He said the Developer endured 3 years of questions. He said it looks like a logical expansion. He said the Commission is not approving homes at this time. Chairman Macias said he has been a professional urban planner for 40 years. He said this proposal is a typical example of an expanding community that is in a specific geography and the residents are not aware of what would occur around it. He indicated perhaps the residents were not paying much attention to what was or was not told to them. He said he has seen many letters demanding an EIR when it is not needed. He said they have much that is disturbed (meaning the soils on site). He said he would highly question the biological concerns raised in the letter. He noted when things are disturbed the vegetation changes. He said he would agree with Commissioner Guglielmo that it appears this was meant to abut the flood control facilities as shown. He said he has no problem with the proposed map. Moved by Guglielmo, seconded by Munoz; carried 3-0-2 (Oaxaca, Wimberly absent) to adopt the proposed Mitigated Negative Declaration of environmental impacts and the resolutions approving the Tentative Tract Map and Variance as presented by staff. E3. MUNICIPAL CODE AMENDMENT DRC2018-00606 — CITY OF RANCHO CUCAMONGA — A request to amend Title 17 of the Municipal Code to amend requirements and standards for the development of Accessory Dwelling Units, also referred to as Second Dwelling Units. This item is exempt from the requirements of the Page 6 of 12 Page 176 AUGUST 8, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15282(h). This item will be forwarded to City Council for final action. Jennifer Nakamura, Associate Planner, gave the staff report and PowerPoint present (copy on file) Commissioner Munoz said this is a dicey issue from Sacramento... He said he is not happy about it, he voiced his opposition many times and they don't listen -it takes away cities rights. He said he appreciates what staff is doing- he concurs with staff being proactive. He said some public speakers point at the Commission as making these decisions and it is not true. Ms. Nakamura said if we had let State law take precedence, we could have lost many options to maintain our own development standards such as height restrictions. Commissioner Guglielmo asked staff to clarify that at least one of the two structures be owner occupied. He asked how they would verify that. Ms. Nakamura said they are built into a covenant to be recorded on the property. She said there is no regulatory system in place to verify the occupancy at this time. She said they will work on a complaint basis initially and then possibly verify on an annual basis. She said they have spoken to several residents that want to build ADU's to house elderly relatives and had no issues with this restriction. She said the recorded covenant goes with the property even when it is sold. Commissioner Guglielmo said some cities require a business license if you have a rental unit. He asked if the ADU's will have their own mailbox/address. Ms. Nakamura said separate utilities are not required. She said they are considering separate addresses so we can count/track them for a variety of purposes such as satisfying City RHNA requirements. Chairman Macias said he understands the need for cleanup with what Sacramento is telling us. He said we are taking the best of what Sacramento is telling us to do. Chairman Macias opened the public hearing. Page 7 of 12 Page 177 AUGUST 8, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Unknown (did not state name) Questions about a few things: will there be variances to building codes such as septic for separate units. What about fire zone area. What if existing structure material different, how do you deal with the potential discrepancy between buildings. Kristin Cardella said she supports the size as 950 square feet is tight. She said she is submitting plans for one for her elderly father. Considering wheelchair/walker use, 950 square feet is small. She said 1200 square feet would be better to accommodate him. She said many are doing this for elderly parents and not for rental purposes. She said it is much cheaper than assisted living facilities. Chairman Macias closed the public hearing. Commissioner Guglielmo indicated he is OK with the square footage from the State. Commissioner Munoz said he understands the situation with aging parents. He said we already have a provision for aging parents. He said he thinks the Sacramento approach is misguided and puts the City in a corner. He thanked staff again as they are always proactive, and they are just trying to make the Ordinance forced upon us more palatable. Moved by Guglielmo, seconded by Munoz; carried 3-0-2 (Oaxaca, Wimberly absent), recommending approval of the Municipal Code Amendment to the City Council for final action. E4. MUNICIPAL CODE AMENDMENT DRC2018-00605 — CITY OF RANCHO CUCAMONGA - A request to amend Title 17 of the Municipal Code to amend requirements and standards for the development of Hotels. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15061(b)(3). This item will be forwarded to City Council for final action. Jennifer Nakamura, Associate Planner, requested a continuance to provide additional time to finalize proposed changed to the Development Code for the development of new hotels within the City. Page 8 of 12 Page 178 RESOLUTION NO.18-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2018-00606, AMENDING REQUIREMENTS AND STANDARDS FOR THE DEVELOPMENT OF ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2018- 00606, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application". 2. On August 8, 2018, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above -referenced public hearing on August 8, 2018, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. General Plan Housing Goal HE -1 promotes the creation of new opportunities that enable a broad range of housing types, maintain a balanced supply of ownership and rental units, and provide sufficient numbers of dwelling units to accommodate expected new household formations; and b. General Plan Land Use Policy LU -1.1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment; and C. By developing a revised ordinance governing accessory dwelling units, the City is permitting ADU's as required by State law, with provisions to ensure that they are compatible with the main dwelling unit and surrounding neighborhood. 3. The Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15282(h) of CEQA which establishes a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 Page 179 PLANNING COMMISSION RESOLUTION NO.18-52 MUNICIPAL CODE AMENDMENT DRC2018-00606 - CITY OF RANCHO CUCAMONGA August 8, 2018 Page 2 of the Government Code pertaining to ADUs. The proposed code amendment is consistent with this exemption. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2018-00606 as indicated in Attachment A incorporated herein by this reference. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF AUGUST 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY. Rich Macias, Chairman ATTEST: —C'Q Cand a urnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of August 2018, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, MACIAS, MUNOZ NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: OAXACA, WIMBERLY ABSTAIN: COMMISSIONERS: Page 180 DRAFT ORDINANCE AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE AMENDING REQUIREMENTS AND STANDARDS FRO THE DEVELOPMENT OF ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW, AND MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City of Rancho Cucamonga, has prepared Municipal Code Amendment DRC2018-00606, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment is referred to as "the amendment". A. The City of Rancho Cucamonga, California (the "City") is a municipal corporation, duly organized under the constitution and laws of the State of California. B. Over the years, the City has adopted ordinances pertaining to second dwelling units to address municipal options and issues presented by changes in State law. C. In 2016, Governor Brown signed Senate Bill 1069, Assembly Bill 2299, and Assembly Bill 2406 into law. The legislation clarified that second units would be referred to from this point forward as ADU's and effectively nullified the City's existing Second Dwelling Unit chapter of the Development Code (17.100). Cities have the option to adopt local regulations to implement the new legislation of default to State law for the regulation of ADU's. The legislation did permit a certain amount of discretion if local regulations are adopted. D. On the 8th day of August, 2018, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the amendment and, following the conclusion thereof, issued Resolution No. 18-52, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. E. On the 5th day of September 2018, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing on that date. F. All legal prerequisites to the adoption of this Ordinance have occurred. SECTION 2. Based upon the substantial evidence presented to this Council during the above -referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17 (Development Code) in the amendment are consistent with the General Plan goals, policies and implementation programs. General Plan Housing Goal HE -1 promotes the creation of new opportunities that enable a broad range of housing types, maintain a balanced supply of ownership and rental units, and provide sufficient numbers of dwelling units to accommodate expected new household formations. The development of accessory dwelling units provides an opportunity for additional development of low- and moderate -income housing. General Plan Land Use Goal LU -1.1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the ATTACHMENT A Draft Ordinance — Page 1 of 7 Page 181 residential living environment. The standards proposed designed to minimize impacts to surrounding and existing residential neighborhoods while ensuring compliance with State law. SECTION 3. Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15282(h) of CEQA which establishes a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code pertaining to ADUs. The proposed code amendment is consistent with this exemption. SECTION 4. Chapter 17.100 (Second Dwelling Units) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby deleted in its entirety and replaced as follows: "CHAPTER 17.100 ACCESSORY DWELLING UNITS Section 17.100.010: Purpose. Section 17.100.020: Applicability. Section 17.100.030: Approval Required. Section 17.100.040: Development Standards. Section 17.100.050: Design Standards. Section 17.100.060: Historic Buildings. Section 17.100.070: Ownership and Occupancy Requirements. Section 17.100.080: Existing Nonconforming Units. Section 17.100.090: Conversion of Existing Spaces to Accessory Dwelling Units. 17.100.010 Purpose. The purpose of this chapter is to establish development standards for the construction and operation of accessory dwelling units on lots zoned to allow single-family or multifamily use and including a proposed or existing single-family dwelling in a manner that is consistent with the requirements of State law. 17.100.020 Applicability. The provisions of this chapter apply to all lots that are zoned to allow single-family or multifamily use and include a proposed or existing single-family dwelling. Accessory dwelling units shall be deemed to be an accessory single-family residential use, which is consistent with the existing General Plan and zoning designations for the lot. The addition of an accessory dwelling unit shall not be considered to exceed the allowable density of the lot upon which such unit is proposed to be established. 17.100.030 Approval Required. The application for an accessory dwelling unit shall be reviewed for compliance with the provisions of this section through the plan check/zoning clearance process. The application shall be approved or denied within 120 days after the City receives the application. Notwithstanding any other provision of this Code to the contrary, no minor exception from any requirement of this chapter shall be approved, nor shall any application for such a minor exception be accepted for processing. Draft Ordinance — Page 2 of 7 Page 182 17.100.040 Development Standards. All accessory dwelling units shall comply with the following development standards: A. Number of units per parcel. No more than one (1) accessory dwelling unit shall be allowed on a single lot. An accessory dwelling unit shall not be allowed on a site with more than one existing or proposed dwelling unit. B. Code Compliance. Accessory dwelling units shall be constructed in accordance with provisions of the latest edition of building and other codes adopted by the City unless specifically exempted in this chapter. C. Existing Lot and Uses. An accessory dwelling unit shall be permitted if the existing lot and dwelling, or proposed lot and dwelling, meet the following requirements: 1. The lot on which the accessory dwelling unit is proposed to be established shall contain one existing permanent single-family dwelling or the application for the accessory dwelling unit shall be made concurrently with an application for a single-family dwelling on the same lot; 2. The lot on which the accessory dwelling unit is proposed to be established shall not contain any existing accessory living quarters, second dwelling units, granny flats, guest houses, servant's quarters, or similar facilities, unless the proposal includes demolition or modification of such facilities so as to comply with the provisions of this section; 3. The zoning regulations for the lot allow for the development of a single-family dwelling or multifamily use; and 4. The existing lot is a minimum of five thousand (5,000) square feet; D. Facilities. The accessory dwelling unit shall have a separate entrance and shall contain kitchen and bathroom facilities separate from those of the main dwelling unit. E. Utility Services. The accessory dwelling unit may be metered separately from the main dwelling unit for gas, electricity, communications, water and sewer services. F. Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. G. Size. The size of the accessory dwelling unit shall comply with the following requirements indicated in Table 17.100.040-1 TABLE 17.100.040-1 DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS Accessory Height Dwelling Unit Minimum Size Maximum Size Type Attached 220 sq. ft. 50% of main dwelling unit or Cannot exceed the height 1,200 sq• ft. of the primary structure Detached 350 sq. ft. 1,200 sq. ft. 16 feet Draft Ordinance — Page 3 of 7 Page 183 H. Bedrooms. The accessory dwelling unit shall contain no more than two (2) bedrooms. I. Separation. A detached accessory dwelling unit shall have a minimum separation of ten (10) feet between the main dwelling unit and the detached accessory dwelling unit. J. Lot Coverage. Accessory dwelling units shall conform to the lot coverage requirements for the zoning district in which it is located. K. Setbacks. Accessory dwelling units shall comply with the following standards: 1. Units located within the rear yard setback area shall maintain a minimum 5 -foot rear and side yard setback. 2. Units located outside of the rear yard setback area shall maintain the same setbacks as the primary structure. 3. Notwithstanding the above, no setback shall be required for an existing garage that is converted to an accessory dwelling unit or a portion of an accessory dwelling unit. L. Parking. Parking for accessory dwelling units shall be provided as follows, in addition to the parking required for the main dwelling unit: 1. Accessory dwelling units shall provide a minimum of one parking space. 2. If parking for the accessory dwelling unit is provided in a garage which also provides parking for the main dwelling unit, the provided space(s) shall be for the exclusive use of the accessory dwelling unit. The space(s) shall be separated from any garage spaces for the main dwelling unit by a wall or other permanent barrier and shall have a separate or independent garage door. 3. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the accessory dwelling unit has access from a public alley contiguous to the lot or is located on a corner lot for which secondary access is permitted for parking outside the street side setback. A vehicular driveway that provides access to required parking shall have a minimum width of ten (10) feet. 4. When a required garage, carport, or covered parking structure for the main dwelling unit is converted or demolished in conjunction with the construction of an accessory dwelling unit, the replacement spaces for the main dwelling unit may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces in compliance with the requirements of this section. 5. On-site parking is not required for an Accessory Dwelling Unit in any of the following instances: i. The accessory dwelling unit is located within a one-half mile walking distance of a transit stop with service at peak commute time of 15 -minutes or less; ii. The accessory dwelling unit is located within a historic district; iii. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure; Draft Ordinance — Page 4 of 7 Page 184 iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or v. Where there is a car share station located within one block of the accessory dwelling unit. 17.100.050 Design Standards. All accessory dwelling units shall comply with the following design standards: A. Exterior stairs shall not be visible from any public right-of-way, excluding alleys or trails. B. The color, material, and texture of the roof shall be substantially the same as the main dwelling unit. C. The color, material, and texture of all building walls shall be substantially the same as the main dwelling unit. D. The accessory dwelling unit shall maintain the scale and appearance of a single-family dwelling. E. Permitted driveways and walkways shall occupy no more than fifty percent (50%) of the front yard area, in compliance with section 17.56.070. F. When a garage, carport, or covered parking structure that is visible from any public right- of-way is converted or demolished in conjunction with the construction of an accessory dwelling unit, the design shall incorporate features to match the scale, materials, textures, trim, and landscaping of the main dwelling unit. 17.100.060 Historic Buildings. A. An accessory dwelling unit proposed for any lot that includes a building listed in the National Register of Historic Places, California Register of Historic Places, or the City's local historic inventory shall conform to the requirements for the historic structure. B. An accessory dwelling unit proposed for a property under a Mills Act Contract must comply with all Mills Act guidelines, including design conformance with the United States Secretary of the Interior Standards. 17.100.070 Ownership and Occupancy Requirements. A. Owner Occupancy Required. One of the residential dwellings on a lot on which the accessory dwelling unit is proposed to be established shall be occupied as the primary residence of the owner of the lot and shall not be rented or leased as long as the accessory dwelling unit exists. B. Rental Occupancy. The residential unit that is not occupied by the owner of the property in conformance with this subsection may be rented for no less than 30 consecutive days at any time. Draft Ordinance — Page 5 of 7 Page 185 C. Sale of Accessory Dwelling Units. Sale or ownership of an accessory dwelling unit separate from the main dwelling unit is prohibited. D. Deed Restrictions. Prior to issuance of a building permit for an accessory dwelling unit, the property owner shall execute and record in the office of the County Recorder a covenant setting forth the following minimum requirements, in a form and substance satisfactory to the Planning Department and City Attorney's Office: 1. The accessory dwelling unit shall not be sold or owned separately from the main dwelling unit, and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership; 2. The accessory dwelling unit shall be a legal unit, and may be used as habitable space, only so long as either the main dwelling unit, or the accessory dwelling unit, is occupied by the owner of record of the property; 3. Any rental of the accessory dwelling unit shall be for a period exceeding 30 consecutive days; and 4. The restrictions shall be binding upon any successor in ownership of the property. 17.100.080 Existing Nonconforming Units. A. Accessory dwelling units, second dwelling units, granny flat or similar accessory structures that exist as of [the effective date of this chapter] that have previously been legally established may continue to operate as legal nonconforming accessory dwelling units. Any accessory dwelling unit that exists as of the effective date of this section, and has not previously been legally established, is considered an unlawful use, unless the Planning Director determines that the unit meets the provisions of this section. 17.100. 090 Conversion of Existing Spaces to Accessory Dwelling Units. A. A proposed accessory dwelling unit that is contained entirely within the existing space of a single-family residence or existing accessory structure may be converted to an accessory dwelling unit through the issuance of a building permit provided that the proposed unit has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. B. A proposed accessory dwelling unit approved pursuant to this section shall comply with section 17.100.070 of this code. C. Conversion of the following structures shall not be approved pursuant to this section, but may be approved pursuant to the full requirements of this chapter: 1. Unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures. 2. Animal enclosures or buildings used for the housing of animals. 3. Accessory buildings or accessory structures that are less than 150 square feet in area." Draft Ordinance — Page 6 of 7 Page 186 SECTION 5. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. Draft Ordinance — Page 7 of 7 Page 187 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE AMENDING REQUIREMENTS AND STANDARDS FRO THE DEVELOPMENT OF ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW, AND MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City of Rancho Cucamonga, has prepared Municipal Code Amendment DRC2018-00606, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment is referred to as "the amendment". A. The City of Rancho Cucamonga, California (the "City") is a municipal corporation, duly organized under the constitution and laws of the State of California. B. Over the years, the City has adopted ordinances pertaining to second dwelling units to address municipal options and issues presented by changes in State law. C. In 2016, Governor Brown signed Senate Bill 1069, Assembly Bill 2299, and Assembly Bill 2406 into law. The legislation clarified that second units would be referred to from this point forward as ADU's and effectively nullified the City's existing Second Dwelling Unit chapter of the Development Code (17.100). Cities have the option to adopt local regulations to implement the new legislation of default to State law for the regulation of ADU's. The legislation did permit a certain amount of discretion if local regulations are adopted. D. On the 8th day of August, 2018, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the amendment and, following the conclusion thereof, issued Resolution No. 18-52, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. E. On the 5th day of September 2018, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing on that date. F. All legal prerequisites to the adoption of this Ordinance have occurred. SECTION 2. Based upon the substantial evidence presented to this Council during the above -referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17 (Development Code) in the amendment are consistent with the General Plan goals, policies and implementation programs. General Plan Housing Goal HE -1 promotes the creation of new opportunities that enable a broad range of housing types, maintain a balanced supply of ownership and rental units, and provide sufficient numbers of dwelling units to accommodate expected new household formations. The development of accessory dwelling units provides an opportunity for additional development of low- and moderate -income housing. General Plan Land Use Goal LU -1.1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the Draft Ordinance — Page 1 of 8 Page 188 residential living environment. The standards proposed designed to minimize impacts to surrounding and existing residential neighborhoods while ensuring compliance with State law. SECTION 3. Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15282(h) of CEQA which establishes a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code pertaining to ADUs. The proposed code amendment is consistent with this exemption. SECTION 4. Chapter 17.100 (Second Dwelling Units) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby deleted in its entirety and replaced as follows: "CHAPTER 17.100 ACCESSORY DWELLING UNITS Section 17.100.010: Purpose. Section 17.100.020: Applicability. Section 17.100.030: Approval Required. Section 17.100.040: Development Standards. Section 17.100.050: Design Standards. Section 17.100.060: Historic Buildings. Section 17.100.070: Ownership and Occupancy Requirements. Section 17.100.080: Existing Nonconforming Units. Section 17.100.090: Conversion of Existing Spaces to Accessory Dwelling Units. 17.100.010 Purpose. The purpose of this chapter is to establish development standards for the construction and operation of accessory dwelling units on lots zoned to allow single-family or multifamily use and including a proposed or existing single-family dwelling in a manner that is consistent with the requirements of State law. 17.100.020 Applicability. The provisions of this chapter apply to all lots that are zoned to allow single-family or multifamily use and include a proposed or existing single-family dwelling. Accessory dwelling units shall be deemed to be an accessory single-family residential use, which is consistent with the existing General Plan and zoning designations for the lot. The addition of an accessory dwelling unit shall not be considered to exceed the allowable density of the lot upon which such unit is proposed to be established. 17.100.030 Approval Required. The application for an accessory dwelling unit shall be reviewed for compliance with the provisions of this section through the plan check/zoning clearance process. The application shall be approved or denied within 120 days after the City receives the application. Notwithstanding any other provision of this Code to the contrary, no minor exception from any requirement of this chapter shall be approved, nor shall any application for such a minor exception be accepted for processing. Draft Ordinance — Page 2 of 8 Page 189 17.100.040 Development Standards. All accessory dwelling units shall comply with the following development standards: A. Number of units per parcel. No more than one (1) accessory dwelling unit shall be allowed on a single lot. An accessory dwelling unit shall not be allowed on a site with more than one existing or proposed dwelling unit. B. Code Compliance. Accessory dwelling units shall be constructed in accordance with provisions of the latest edition of building and other codes adopted by the City unless specifically exempted in this chapter. C. Existing Lot and Uses. An accessory dwelling unit shall be permitted if the existing lot and dwelling, or proposed lot and dwelling, meet the following requirements: 1. The lot on which the accessory dwelling unit is proposed to be established shall contain one existing permanent single-family dwelling or the application for the accessory dwelling unit shall be made concurrently with an application for a single-family dwelling on the same lot; 2. The lot on which the accessory dwelling unit is proposed to be established shall not contain any existing accessory living quarters, second dwelling units, granny flats, guest houses, servant's quarters, or similar facilities, unless the proposal includes demolition or modification of such facilities so as to comply with the provisions of this section; 3. The zoning regulations for the lot allow for the development of a single-family dwelling or multifamily use; and 4. The existing lot is a minimum of five thousand (5,000) square feet; D. Facilities. The accessory dwelling unit shall have a separate entrance and shall contain kitchen and bathroom facilities separate from those of the main dwelling unit. E. Utility Services. The accessory dwelling unit may be metered separately from the main dwelling unit for gas, electricity, communications, water and sewer services. F. Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. G. Size. The size of the accessory dwelling unit shall comply with the following requirements indicated in Table 17.100.040-1 TABLE 17.100.040-1 DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS Accessory Height Dwelling Unit Minimum Size Maximum Size Type Attached 220 sq. ft. 50% of main dwelling unit or Cannot exceed the height 1,200 sq. ft. primary of thestructure Detached 350 sq. ft. 1,200 sq. ft. 16 feet Draft Ordinance — Page 3 of 8 Page 190 H. Bedrooms. The accessory dwelling unit shall contain no more than two (2) bedrooms. I. Separation. A detached accessory dwelling unit shall have a minimum separation of ten (10) feet between the main dwelling unit and the detached accessory dwelling unit. J. Lot Coverage. Accessory dwelling units shall conform to the lot coverage requirements for the zoning district in which it is located. K. Setbacks. Accessory dwelling units shall comply with the following standards: 1. Units located within the rear yard setback area shall maintain a minimum 5 -foot rear and side yard setback. 2. Units located outside of the rear yard setback area shall maintain the same setbacks as the primary structure. 3. Notwithstanding the above, no setback shall be required for an existing garage that is converted to an accessory dwelling unit or a portion of an accessory dwelling unit. L. Parking. Parking for accessory dwelling units shall be provided as follows, in addition to the parking required for the main dwelling unit: 1. Accessory dwelling units shall provide a minimum of one parking space. 2. If parking for the accessory dwelling unit is provided in a garage which also provides parking for the main dwelling unit, the provided space(s) shall be for the exclusive use of the accessory dwelling unit. The space(s) shall be separated from any garage spaces for the main dwelling unit by a wall or other permanent barrier and shall have a separate or independent garage door. 3. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the accessory dwelling unit has access from a public alley contiguous to the lot or is located on a corner lot for which secondary access is permitted for parking outside the street side setback. A vehicular driveway that provides access to required parking shall have a minimum width of ten (10) feet. 4. When a required garage, carport, or covered parking structure for the main dwelling unit is converted or demolished in conjunction with the construction of an accessory dwelling unit, the replacement spaces for the main dwelling unit may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces in compliance with the requirements of this section. 5. On-site parking is not required for an Accessory Dwelling Unit in any of the following instances: i. The accessory dwelling unit is located within a one-half mile walking distance of a transit stop with service at peak commute time of 15 -minutes or less; ii. The accessory dwelling unit is located within a historic district; iii. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure; Draft Ordinance — Page 4 of 8 Page 191 iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or v. Where there is a car share station located within one block of the accessory dwelling unit. 17.100.050 Design Standards. All accessory dwelling units shall comply with the following design standards: A. Exterior stairs shall not be visible from any public right-of-way, excluding alleys or trails. B. The color, material, and texture of the roof shall be substantially the same as the main dwelling unit. C. The color, material, and texture of all building walls shall be substantially the same as the main dwelling unit. D. The accessory dwelling unit shall maintain the scale and appearance of a single-family dwelling. E. Permitted driveways and walkways shall occupy no more than fifty percent (50%) of the front yard area, in compliance with section 17.56.070. F. When a garage, carport, or covered parking structure that is visible from any public right- of-way is converted or demolished in conjunction with the construction of an accessory dwelling unit, the design shall incorporate features to match the scale, materials, textures, trim, and landscaping of the main dwelling unit. 17.100.060 Historic Buildings. A. An accessory dwelling unit proposed for any lot that includes a building listed in the National Register of Historic Places, California Register of Historic Places, or the City's local historic inventory shall conform to the requirements for the historic structure. B. An accessory dwelling unit proposed for a property under a Mills Act Contract must comply with all Mills Act guidelines, including design conformance with the United States Secretary of the Interior Standards. 17.100.070 Ownership and Occupancy Requirements. A. Owner Occupancy Required. One of the residential dwellings on a lot on which the accessory dwelling unit is proposed to be established shall be occupied as the primary residence of the owner of the lot and shall not be rented or leased as long as the accessory dwelling unit exists. B. Rental Occupancy. The residential unit that is not occupied by the owner of the property in conformance with this subsection may be rented for no less than 30 consecutive days at any time. Draft Ordinance — Page 5 of 8 Page 192 C. Sale of Accessory Dwelling Units. Sale or ownership of an accessory dwelling unit separate from the main dwelling unit is prohibited. D. Deed Restrictions. Prior to issuance of a building permit for an accessory dwelling unit, the property owner shall execute and record in the office of the County Recorder a covenant setting forth the following minimum requirements, in a form and substance satisfactory to the Planning Department and City Attorney's Office: 1. The accessory dwelling unit shall not be sold or owned separately from the main dwelling unit, and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership; 2. The accessory dwelling unit shall be a legal unit, and may be used as habitable space, only so long as either the main dwelling unit, or the accessory dwelling unit, is occupied by the owner of record of the property; 3. Any rental of the accessory dwelling unit shall be for a period exceeding 30 consecutive days; and 4. The restrictions shall be binding upon any successor in ownership of the property. 17.100.080 Existing Nonconforming Units. A. Accessory dwelling units, second dwelling units, granny flat or similar accessory structures that exist as of [the effective date of this chapter] that have previously been legally established may continue to operate as legal nonconforming accessory dwelling units. Any accessory dwelling unit that exists as of the effective date of this section, and has not previously been legally established, is considered an unlawful use, unless the Planning Director determines that the unit meets the provisions of this section. 17.100. 090 Conversion of Existing Spaces to Accessory Dwelling Units. A. A proposed accessory dwelling unit that is contained entirely within the existing space of a single-family residence or existing accessory structure may be converted to an accessory dwelling unit through the issuance of a building permit provided that the proposed unit has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. B. A proposed accessory dwelling unit approved pursuant to this section shall comply with section 17.100.070 of this code. C. Conversion of the following structures shall not be approved pursuant to this section, but may be approved pursuant to the full requirements of this chapter: 1. Unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures. 2. Animal enclosures or buildings used for the housing of animals. 3. Accessory buildings or accessory structures that are less than 150 square feet in area." Draft Ordinance — Page 6 of 8 Page 193 SECTION 5. The land use labeled "Dwelling, Second Unit" and its associated footnote in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements) of Chapter 17.30 (Allowed Land Use by Base Zoning District) is hereby deleted in its entirety. SECTION 6. The allowed use description labeled "Dwelling, Second Unit" in Section 17.32.020.A.4 (Allowed Use Descriptions) of Chapter 17.32 (Allowed Use Descriptions) is hereby deleted in its entirety. SECTION 7. The definition for Second Dwelling Unit in Section 17.126.020 (Universal Definitions) of Chapter 17.126 (Universal Definitions) is hereby deleted in its entirety. SECTION 8. Section 17.126.020 (Universal Definitions) of Chapter 17.126 (Universal Definitions) is amended to add the definitions as follows: "Accessory Dwelling Unit. See Unit, Accessory Dwelling. Unit, Accessory Dwelling means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as a single-family or multi -family dwelling is situated. An accessory dwelling unit also includes the following: • An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code • A manufactured home, as defined in Section 18007 of the Health and Safety Code Guesthouse means an attached or detached accessory structure used as sleeping quarters for guests of the occupants of the main dwelling and (a) contains no kitchen or cooking facilities; (b) is clearly subordinate and incidental to the principal residence on the same site; and (c) is not rented or leased, whether compensation be direct or indirect." SECTION 9. The City Council hereby approves the "Covenant and Agreement (Accessory Dwelling Unit)" in substantially the form attached as Exhibit A and authorizes the City Manager to make revisions or additions to said agreement that the City Manager reasonably determines are appropriate to effect the purposes of this Ordinance. The City Manager is also hereby authorized to approve and execute said agreements and other necessary documents in connections with accessory dwelling units in accordance with this Ordinance. SECTION 10. The City Council hereby directs the City Clerk to make all necessary, non -substantive conforming revisions to the Municipal Code in order to codify this Ordinance, including clerical corrections to section numbers, table and figure references, cross references, and renaming "Second Dwelling Units" as "Accessory Dwelling Units" throughout the Municipal Code. SECTION 11. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, Draft Ordinance — Page 7 of 8 Page 194 subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 12. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 13. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. Draft Ordinance — Page 8 of 8 Page 195 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 [Space Above Line For Recorder's Use] Recording Fee: Exempt pursuant to California Government Code Section 27383 COVENANT AND AGREEMENT (Accessory Dwelling Unit) This covenant and agreement is made and entered into as of the day of , 20 , by and among the undersigned, [insert names of Owners and their legal statuses] (the "Owner"), and the City of Rancho Cucamonga, a California municipal corporation (the "City"). RECITALS: A. The Owner represents and warrants that Owner is the record owner of the real property (the "Property") located in the City of Rancho Cucamonga, County of San Bernardino, State of California, particularly and legally described as follows: • Street Address: • San Bernardino CountyAPNNumber(s): • Legal Description: [See Exhibit B] or [ insert text here] B. The Property is zoned [insert Zone District, i.e., R-1] as shown in the [insert Zoning Map or Specific Plan] and is currently developed with, or will be developed with, one single-family residence. There is no existing accessory dwelling unit ("ADU") on the Property. Pursuant to the applicable provisions of the Rancho Cucamonga Municipal Code, the use of the Property is limited to residential purposes. Pursuant to the City's ADU Ordinance, an ADU is only permitted where it is accessory to a single-family residential use. C. The Owner has made application to the City for a permit to [construct an ADU [or] convert an existing structure to an ADU] on the Property pursuant to Rancho Cucamonga Municipal Code. D. The ADU may be rented as an independent living facility separate and apart from the primary dwelling unit on the Property. However, the ADU shall not be sold or otherwise conveyed separately from the primary dwelling unit. rev: 07/26/18 Page 196 E. The Owner is required to record this covenant as a condition precedent to the issuance of the building permit for the ADU pursuant to the Rancho Cucamonga Municipal Code. F. The City has a property interest in the streets adjacent to the Property and owns other property within the City. NOW, THEREFORE, in consideration of the foregoing, and as a condition of the issuance of the necessary permits and certificates in connection therewith, the Owner hereby covenants, promises and agrees, on behalf of the Owner, and on behalf of the Owner's heirs, representatives, successors and assigns (including, without limitation, each person having any interest in the Property derived through any owner of the Property) (collectively, the "Successors"), for the benefit of the City, the public, the City's property interest in the street commonly known as [insert name of street fronting the Property], the sidewalks around it, and the City's other public property, as follows: 1. The Owner shall construct the ADU in substantial compliance with the plans submitted to and approved by the City's Planning Department attached as Exhibit A (the "Plans"). The Owner and all Successors shall maintain the ADU and the property in accordance with all applicable ADU requirements and standards. 2. The ADU shall not be sold or otherwise conveyed separately from the primary dwelling unit on the Property. 3. The Property shall at all times be owner occupied meaning that the owner of record of the Property must at all times reside in and occupy either the primary residence or the ADU. 4. No more than one ADU shall be permitted on the Property. The primary use of the Property shall at all times remain single-family residential. 5. The ADU shall not be rented for a term less than 30 consecutive days. 6. The ADU shall not exceed a maximum size of [insert approved square footage of ADU] square feet as shown on the Plans. 7. The Owner shall provide at all times a minimum of [insert # of parking spaces (or remove provision if it is zero)] on-site parking space(s) for the ADU. Said parking space(s) shall be located substantially in the location(s) shown on the Plans. 8. It is the intention hereof that this covenant and agreement shall constitute a covenant running with the land owned by the Owner. This covenant and agreement shall be enforceable by and shall inure to the benefit of the City and the City's successors and assigns, and shall be jointly and severally binding upon the Owner, and each of the Successors. In addition and without limiting the foregoing, any violation will be subject to penalties as provided in Chapters 1.12 of the Municipal Code. 2 rev: 07/26/18 Page 197 9. The Owner shall indemnify, hold harmless and defend City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from any claim, demand, damage, liability, financial loss, cost or expense (including, without limitation, attorneys' fees and costs) arising, either directly or indirectly, from any City permit or permits authorizing the construction of the ADU on the Property, (including, without limitation, this covenant and agreement, and the conditions contained herein), even though such liability or loss may arise, in whole or in part, out of the negligence (including, without limitation, active or passive negligence) of the Indemnitees. 10. This covenant and agreement shall remain in effect until (a) released in writing by the authority of the City's Planning Department, upon submittal of a request, applicable fees and evidence to the satisfaction of the Planning Department that this covenant and agreement are no longer required, or (b) released in writing by the order of the City Council upon a determination by the City Council that this covenant and agreement is no longer required. 11. If any provision, section, paragraph, sentence, clause or word of this covenant and agreement be rendered or declared invalid or ineffective by any final action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, clauses and words of this covenant and agreement shall remain in full force and effect. 12. This covenant and agreement shall be recorded in the office of the County Recorder for the County of San Bernardino. - Signatures Begin on Next Page - Executed this day of , 20 CITY OF RANCHO CUCAMONGA: Name: Title: 3 [Print Name] By: Name: Title: LN Name: Title: F81"i AGN "t rev: 07/26/18 Page 198 NOTE: If any Owner is a corporate entity, signatures from two corporate officers are required. One signature must be from any officer in Group A, and one signature must be from any officer in Group B as follows: Group A: the chairman of the board, the president, or any vice president Group B: the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer of the corporation rev: 07/26/18 Page 199 EXHIBIT "A" THE PLANS SHOWING LOCATION OF REQUIRED PARKING SPACES Exhibit "A" consists of # of pages pages, excluding this cover page. EXHIBIT A rev: 07/26/18 Page 200 If legal description is typed into Recital A, delete this page EXHIBIT "B" Legal Description Exhibit `B" consists of # of pages pages, excluding this cover page. EXHIBIT B rev: 07/26/18 Page 201 Municipal Code Amendment Accessory Dwelling Units September 5, 2018 State Updates to ADU Legislation • SB 1069 (2016) • AB 2299 (2016) • AB 2406 (2016) • Junior ADUs (150-220 s.f.) • Within the existing SF home • Optional for cities to implement • Purpose f-_ • Make the construction of ADUs easier • Increase housing opportunities • Low- to Moderate -Income households Types of ADU's ri Wr ior A=KhW PQLFm d r AMMdwd ABU tyla AdMool ate& CITY OF RANCHO CUCAMONGA Detached ADU Current SDU Ordinance New ADU Ordinance Minimum Lot Size 10,000 SF 5,000 SF Maximum Size - Attached 30% of the existing square footage 50% of the existing square footage or 1,200 S.F. Maximum Size - Detached 640 S.F. (Lot size less than 20,000 S.F) 1,200 S.F. 950 S.F. (Lot size over 20,000 S.F.) Bedrooms Maximum 2 Maximum 2 Parking One off street covered space One off street space Garage Conversion Permitted, if garage replaced elsewhere Permitted, off street replacement on site parking required Lot Coverage Applies to SDU Applies to ADU Rental Not Prohibited Permitted only if over 30 consecutive days Owner/Occupant Requirement No Yes 16 feet within rear yard setback, up to 16 feet within rear yard setback, up to Maximum Height -Detached height of primary structure outside of height of primary structure outside of rear yard setback rear yard setback Maximum Height —Attached Cannot exceeed the height of the Cannot exceed the height of the primary primary dwelling dwelling 5 feet in rear yard setback. Outside of the 5 feet in rear yard setback. Outside of Setbacks rear yard setback, use setbacks for the rear yard setback, use setbacks for zoning district zoning district Design SDU to Match house ADU to Match house Approval Process Plan Check Plan Check Current SDU Ordinance New ADU Ordinance Minimum Lot Size 10,000 SF 5,000 SF Maximum Size - Attached 30% of the existing square footage 50% of the existing square footage or 1,200 S.F. Maximum Size - Detached 640 S.F. (Lot size less than 20,000 S.F) 1,200 S.F. 950 S.F. (Lot size over 20,000 S.F.) Bedrooms Maximum 2 Maximum 2 Parking One off street covered space One off street space Garage Conversion Permitted, if garage replaced elsewhere Permitted, off street replacement on site parking required Lot Coverage Applies to SDU Applies to ADU Rental Not Prohibited Permitted only if over 30 consecutive days Owner/Occupant Requirement No Yes 16 feet within rear yard setback, up to 16 feet within rear yard setback, up to Maximum Height -Detached height of primary structure outside of height of primary structure outside of rear yard setback rear yard setback Maximum Height —Attached Cannot exceeed the height of the Cannot exceed the height of the primary primary dwelling dwelling 5 feet in rear yard setback. Outside of the 5 feet in rear yard setback. Outside of Setbacks rear yard setback, use setbacks for the rear yard setback, use setbacks for zoning district zoning district Design SDU to Match house ADU to Match house Approval Process Plan Check Plan Check Parking I One off street covered space I One off street space Garage ConversionI Permitted, if garage replaced elsewhere I Permitted, off street replacement on site parking required Lot Coverage Current SDU Ordinance New ADU Ordinance Minimum Lot Size 10,000 SF 5,000 SF Maximum Size - Attached 30% of the existing square footage 50% of the existing square footage or 1,200 S.F. Maximum Size - Detached 640 S.F. (Lot size less than 20,000 S.F) 950 S.F. (Lot size over 20,000 S.F.) 1,200 S.F. Bedrooms Maximum 2 Maximum 2 Parking I One off street covered space I One off street space Garage ConversionI Permitted, if garage replaced elsewhere I Permitted, off street replacement on site parking required Lot Coverage Applies to SDU Applies to ADU Rental Not Prohibited Permitted only if over 30 consecutive days Owner/Occupant Requirement No Yes 16 feet within rear yard setback, up to 16 feet within rear yard setback, up to Maximum Height -Detached height of primary structure outside of height of primary structure outside of rear yard setback rear yard setback Maximum Height —Attached Cannot exceeed the height of the Cannot exceed the height of the primary primary dwelling dwelling 5 feet in rear yard setback. Outside of the 5 feet in rear yard setback. Outside of Setbacks rear yard setback, use setbacks for the rear yard setback, use setbacks for zoning district zoning district Design SDU to Match house ADU to Match house Approval Process Plan Check Plan Check Before - f > After wp":+:� CITY OF RANCHO CUCAMONGA ADU Parking Street Parking Prohibited: Required Landscaped Area Property Line Parking Prohibited: Corner Cutback Area Street Allowed Vehicle Parking Paved Driveway Current SDU Ordinance New ADU Ordinance Minimum Lot Size 10,000 SF 5,000 SF Maximum Size - Attached 30% of the existing square footage 50% of the existing square footage or 1,200 S.F. Maximum Size - Detached 640 S.F. (Lot size less than 20,000 S.F) 1,200 S.F. 950 S.F. (Lot size over 20,000 S.F.) Bedrooms Maximum 2 Maximum 2 Parking One off street covered space One off street space Garage Conversion Permitted, if garage replaced elsewhere Permitted, off street replacement on site parking required Lot Coverage Applies to SDU Applies to ADU Rental Not Prohibited Permitted only if over 30 consecutive days Owner/Occupant Requirement No Yes 16 feet within rear yard setback, up to 16 feet within rear yard setback, up to Maximum Height -Detached height of primary structure outside of height of primary structure outside of rear yard setback rear yard setback Maximum Height —Attached Cannot exceeed the height of the Cannot exceed the height of the primary primary dwelling dwelling 5 feet in rear yard setback. Outside of the 5 feet in rear yard setback. Outside of Setbacks rear yard setback, use setbacks for the rear yard setback, use setbacks for zoning district zoning district Design SDU to Match house ADU to Match house Approval Process Plan Check Plan Check Recommendation • Conduct first reading of Ordinance No. 938